Loading...
Backup Documents 03/08/2016 Item #16G 1 NAL CUMENTS CHECKLIST & UTING ORTOIACCOMPANY ALL ORIGINAL DOCU ENT SE T TOLIPI6 G 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. NitW"ItOtliTIN SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office T(W 4. BCC Office Board of County Commissioners 5. Minutes and Records Clerk of Court's Office (ilk) 31101 t ' 3 Z.[1 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or ssing information. Name of Primary Staff Debbie Brueggeman, dmin,Airport Phone Number 642-7878 Ext. 34 Contact/ Department Authority Agenda Date Item was March 8,2016 Agenda Item Number l/4 .G / Approved by the BCC Type of Document RTH Enterprise,Inc.Agreement Number of Original 1 Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, Clie) provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed �:1 by the Office of the County Attorney. �r 4. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the aap,document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 3/08/16 and all changes made during / ®i the meeting have been incorporated in the attached document. The County `, Attorney's Office has reviewed the changes,if applicable. gas Zine 9. Initials of attorney verifying that the attached document is the version approved by the wo)tip,oL BCC,all changes directed by the BCC have been made,and the document is ready for the ;�0 o• + TM Chairman's signature. � I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 Martha S. Vergara 1 6 G 1 From: Martha S.Vergara Sent: Friday, March 11, 2016 11:48 AM To: Brueggeman, Debra Subject: Item #16G1 from the 3/8/16 BCC Meeting Attachments: Debbie Brueggeman.pdf Hi Debbie, Attached is scanned copy for your records! Thanks, Martha Vergara, BMR Senior Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252-7240 Fax: (239) 252-8408 E-mail: martha.vergara@collierclerk.com 1 3/4/2016 Detail by Entity Name 16G 1 FLORIDA DEPARTMENT O STATE I� O QRP RA rIoN I IO Detail by Entity Name Foreign Profit Corporation RTH ENTERPRISE INC Filing Information Document Number F08000001195 FEI/EIN Number 51-0389054 Date Filed 03/18/2008 State DE Status ACTIVE Principal Address 414 W NEW MARKET ROAD IMMOKALEE, FL 34142 Mailing Address PO BOX 2023 IMMOKALEE, FL 34143 Registered Agent Name & Address HESTER, RALPH 414 W NEW MARKET ROAD IMMOKALEE, FL 34142 Officer/Director Detail Name & Address Title P HESTER, RALPH PO BOX 2023 IMMOKALEE, FL 34143 Annual Reports Report Year Filed Date 2013 04/28/2013 2014 04/28/2014 2015 04/10/2015 Document Images http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai I?i nqui rytype=EntityN ame&directionType=Initial&searchN ameOrder=RTH ENTERPR IS... 1/2 3/4/2016 Detail by Entity Name 16G 1 04/10/2015 -- ANNUAL REPORT View image in PDF format _...,., , 04/28/2014 -- ANNUAL REPORT View image in PDF format 04/28/2013 -- ANNUAL REPORT View image in PDF format , 07/15/2012 -- ANNUAL REPORT View image in PDF format 04/24/2011 -- ANNUAL REPORT View image in PDF format 03/06/2010 -- ANNUAL REPORT View image in PDF format 04/19/2009 -- ANNUAL REPORT View image in PDF format 03/18/2008 -- Foreign Profit View image in PDF format ■ ......_ http.//search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType-=Initial&searchNameOrder=RTHENTERPRIS... 2/2 16G 1 HayesJessica From: All Star Truck Brokers [allstartruckbrokers @yahoo.com] Sent: Thursday, March 10, 2016 9:31 AM To: LobbJustin Subject: Re: IRR Lease Yes, I signed the new lease with the Airport Authority. Ralph Hester All Star Truck Brokers PO Box 2023 414 New Market Rd West !mrnokalee, FL 34142 239-657-6648-phone 239-657-7013-fax On Thursday, March 10, 2016 8:52 AM, LobbJustin <JustinLobb(c�colliergov.net>wrote: Good morning- Just following up—see below: From: LobbJustin Sent: Monday, March 07, 2016 2:18 PM To: Ralph Hester(immrace(cr�aol.com) Cc: 'Thomas Hester'; 'allstartruckborkers @yahoo.com' Subject: IRR Lease Good afternoon Ralph, I just need a simple email response from you stating that you indeed signed the new raceway lease with the Airport Authority. Please include your name and contact information in the signature line. Any questions, please let me know. Regards, *IRPo , Justin E. Lobb ! Airports Manager At,. 44# Collier County Airport Authority 2005 Mainsail Drive, Suite 1 I Naples, FL 34114 tel (239)642-7878 x351 cell(239)571-0232 fax (239)394-3515 website I map I email I tlyMKY flylMM 11 Under Florida Law.e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 16G 1 COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE This Collier County A, port Authority Standard Form Lease, hereinafter referred to as `Lease,' is entered into this 8 day of Mare(/ , 20 I(by and between RTH ENTERPRISE, INC., a Florida corporation, whose mailing address is PO BOX 2023, Immokalee, Florida 34143, hereinafter referred to as `Lessee,' and the COLLIER COUNTY AIRPORT AUTHORITY, with administrative offices located at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114,hereinafter referred to as `Authority or Lessor,' collectively stated as the `Parties.' WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Lease, and in consideration of Lessee's performance under this Lease, the Authority conveys to the Lessee the present possessory interest in the Leased Premises described below. 2. Description of Leased Premises. The Leased Premises which is the subject of this Lease is a Drag Strip (closed runway), located at the Immokalee Regional Airport, in Collier County, Florida, as shown in Exhibit "A," hereinafter referred to as the `Premises.' The Premises include, but are not limited to, the track, picnic tables, the bathhouse, concession stands, the media booth, children's play area, public stands and security stands. 3. Conditions to Conveyance. Lessee warrants and represents to Authority that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Premises; b. Any and all existing or future zoning/permitting laws or ordinances; 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 Lease. 4. Use of Premises. Lessee shall utilize the Premises solely for IHRA Sanctioned Drag Racing Strip and go cart operations. Authority shall have the right to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with the approved use. In the event Lessee shall cease to use the Premises for the purposes described herein, and such cessation of use shall continue for a period of sixty (60) days, this Lease, at the option of the Authority, upon thirty (30)days written notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of the 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 Leased Page 1 of 11 16G 1 Premises. Lessee shall not use or allow anyone to use the Premises for residential purposes or as a public meeting place or facility of any kind. Lessee shall not store any vehicles, equipment or aircraft on or near the Premises. No overnight parking of any kind shall be allowed during non- race events. Lessee shall be allowed to park in the parking area adjacent to the Premises. Lessee agrees that Authority may use or lease the Premises when it is not being used by Lessee. Such use will be coordinated by the Authority's Airport Manager. Lessee agrees that its use of the Premises will not create any public or private nuisance and that the activities shall be conducted in accordance with all Federal, State,and local laws and in full accord with the Collier County Risk Management Emergency and Safety Operations at Motorsports Venues Program(ESOMV), Exhibit"B." 5. Permissible Alterations and Additions to Premises. Lessee may not make any alterations or additions to the Premises without obtaining Authority's prior written consent, which consent may be withheld in Authority's sole discretion. Lessee shall submit to Authority plans and specifications for all alterations and additions at the time Authority's consent is sought. 6. Term of Lease. The term of this Lease shall commence on the date first above written and shall continue for 60 months. Notwithstanding the foregoing, this Lease may be terminated by either party with at least 60 days advance written notice given to the other party. 7. Rent and Fees. Lessee hereby covenants and agrees to pay as rent and fees for the Premises as stated below: which shall be due and payable by the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, Lessee shall pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the number of rental days of such fractional month. The lease rental rate shall at no time be less than the Base Rental. a. Commercial Operating Privilege Fee—Two Hundred ($200)per year plus applicable taxes. b. Advertising Fee — 50% of gross revenues derived from advertising concessions plus applicable Florida taxes paid annually. Documentation shall be provided to the Airport Authority in support of gross advertising revenues collected. c. Deposit - $5,000. Authority shall retain any interest accrued thereon (already received and recorded in county financial records). d. Land Lease — Two Thousand Five Hundred ($2,500 per month plus applicable taxes) shall be due and payable by the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, Lessee shall pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the number of rental days of such fractional month. The Authority and Lessee, however, agree and stipulate that the lease rental rate and fees may be unilaterally increased by the Authority, annually, effective October 1 of each year, in accordance with the Authority's lease rental rate adjustment program. Currently the adjustment program is based on changes in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index (the Index for U.S. City Average for Urban consumers). All rents and fees shall be made payable to the Collier County Airport Authority, and mailed by first class letter, postage prepaid, or personally delivered, to the Administrative Offices at 2005 Page 2 of 11 16G 1 Mainsail Drive, Suite 1, Naples, Florida 34114, or such other address as the Airport Manager may designate in writing. Lessee is responsible for payment of any and all real property or other taxes which may be assessed on the Premises, including on any and all improvement thereupon. 8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees and charges concerning the Premises. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all costs, fees, taxes,trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Premises. Lessee will indemnify and hold Authority harmless from any and all claims, costs and obligations arising from use of the Premises by Lessee or any subtenant or third party designee. In case any action or proceeding is brought against Authority because of Lessee's or any subtenant or third party designee'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 Authority shall so request, at Lessee's expense, by counsel reasonably satisfactory to Authority. It is specifically agreed however, that Authority may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 9. Lessee'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. All persons to whom these presents may come are put upon notice of the fact that the interest of the Authority in the Premises shall not be subject to liens for improvements 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 Authority in the Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10,Florida Statutes. 10. Lessee's Obligation to Maintain Premises and Comply with All Lawful Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any expense to the Authority, shall keep and maintain the Premises in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning). Such repair may also include structural repair, if deemed necessary by the Lessee. If the Premises are not in such compliance in the reasonable opinion of Authority, Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, Authority may cause the same to be corrected and Lessee shall promptly reimburse Authority for the expenses incurred by Authority, together with a 5% administrative fee. 11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any of the terms of this Lease. Accordingly, subject to Paragraph 4 of this Lease, Lessee shall have the exclusive right to use the Premises during the term of this Lease. During the term of this Lease, Lessee may erect appropriate signage on the Leased Premises and the improvements constructed by Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances and approved by the Authority; Authority's consent will not be unreasonably withheld. Page 3 of 11 (12 16G 1 , 12. Casualty and Condemnation a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or damaged to any material extent, as reasonably determined by Lessee and Authority, by fire or other casualty, Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to rebuild or restore the Premises to substantially its condition prior to such casualty event unless the Authority provides the Lessee with a written determination that rebuilding or restoring the Premises to such a condition with the Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Authority, in which event, Proceeds shall be promptly remitted to Authority. If the Authority elects not to repair or replace the improvements, then Lessee or Authority may terminate this Lease by providing notice to the other party within ninety (90)days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. If this Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material extent, as reasonably determined by Lessee and Authority, Lessee will proceed with reasonable diligence, at no cost or expense to Authority, to rebuild and repair the Premises to substantially the condition as existed prior to the casualty. b. Condemnation. Authority may terminate this Lease by written notice as part of a condemnation project. Authority will use its best efforts to mitigate any damage caused to Lessee as a result of such termination; however, in no event will Authority be liable to Lessee for any compensation as a result of such termination. 13. Access to Premises. Authority, 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 normal business hours, or such other times with the consent of Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any required repairs not being timely completed by Lessee. Authority, its duly authorized agents, contractors, representatives and employees, shall have the right to use the Premises for emergency training purposes at any time without notice to Lessee. 14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, no later than the final day of the lease term, Lessee shall redeliver possession of the Premises to Authority 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 termination of this Lease, Authority shall have the option of either requiring Lessee to demolish and remove all improvements made by Lessee to the Premises upon Lessee's vacation thereof, or to require Lessee to retain said improvements with fixtures on the Premises which improvements and fixtures will become the property of the Authority upon Lessee's vacation of the Premises. 15. Assignment. This Lease is personal to Lessee. Accordingly, Lessee may not assign this Lease or sublet any portion of the building constructed on the Premises by Lessee without the express prior written consent of the Authority, which consent may be withheld in Page 4 of 11 16G Authority's sole discretion. Any purported assignment or sublet without the express written consent of Authority shall be considered void from its inception, and shall be grounds for the immediate termination of this Lease. Authority may freely assign this Lease upon written notice to Lessee. Authority expressly approves the use of the Premises by West Coast Karting, Inc. as set forth in the Standard Sublease Agreement, Exhibit "C," for go cart operations. Assignment or sublet may result in additional insurance being required. Insurance must be must approved in writing by Lessor and the Collier County Risk Management Department. 16. Insurance. Lessee shall maintain insurance as outlined in Exhibit "D." Such insurance shall name the Collier County Board of County Commissioners as additional insured. Lessee shall maintain overage of all improvements to the Facilities. Such insurance shall always be with a company licenses and authorized to conduct that insurance business in the State of Florida. 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 Premises or discontinuation of Lessee's operation. ii. Lessee's material misrepresentation of any matter related to this Lease. iii. Filing of insolvency,reorganization,plan or arrangement of bankruptcy. iv. Adjudication as bankrupt. v. Making of a general assignment of the benefit of creditors. vi. If Lessee suffers this Lease to be taken under any writ of execution and/or other process of law or equity. vii. Lessee's failure to utilize the Premises as set forth in this Lease. viii. Any lien is filed against the Premises or Lessee's interest therein or any part thereof in violation of this Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. ix. Failure of Lessee to perform or comply with any material covenant or condition made under this Lease, which failure is not cured within ninety (90) days from receipt of Authority's written notice stating the non- compliance shall constitute a default(other than those covenants for which a different cure period is provided), whereby Authority may, at its option, terminate this Lease by giving Lessee thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by Authority as being reasonably required to correct such default). However, the occurrence of any of the events set forth above shall constitute a material breach and default by Lessee, and this Lease may be immediately terminated by Authority except to the extent then prohibited by law. Page 5 of 11 (21 16G 1 _l b. Remedies of Authority. i. In the event of the occurrence of any of the foregoing defaults, Authority, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Lessee does not cure the defaults in the time frames as set forth above, and Authority has removed and stored property, Authority shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and Authority shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. ii. If Lessee fails to promptly pay, when due, any full installment of rent or any other sum payable to Authority under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Lessee shall pay Authority a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Authority. iii. Authority 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 Lease, or otherwise. Authority shall be entitled to reasonable attorneys fees and costs incurred arising out of Lessee's default under this Lease. c. Default by Authority. Authority shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Authority shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to Authority by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Authority has failed to perform any such obligation(s). d. Remedies of Lessee. In partial consideration for the nominal rent charged to Lessee, Lessee hereby waives any claim it may have to direct or indirect monetary damages it incurs as a result of Authority's breach of this Lease, and also waives any claim it might have to attorneys' fees and costs arising out of Authority's breach of this Lease. Lessee's remedies for Authority's default under this Lease shall be limited to the following: Page 6 of 11 (ID 16G �. i. For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Authority under this Lease. ii. Lessee may cure any default of Authority and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Authority. Authority will pay Lessee on demand all reasonable costs incurred and any amounts so paid by Lessee on behalf of Authority, with no interest. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Lease by Lessee and Authority. No waiver by Lessee or Authority of any breach of any provision of this 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. Lessee shall be provided with the Authority's Lease Manual (if any), which the Authority may amend from time to time. The terms of this manual shall be deemed to be incorporated by reference into this Agreement, and Lessee shall be bound by the terms of this Lease Manual, as of the 1st day of the second month Lessee receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in this Lease Agreement which are in conflict with the Lease Manual,the Lease Manual shall control. 19. Rules and Regulations. Lessee shall comply with the Authority's published Rules and Regulations for this airport,which are on file at the address set forth above, as such regulations may be amended from time to time by the Authority including such reasonable and uniform landing fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or services provided at the Airport. Lessee shall also comply with any and all applicable governmental statutes,rules,orders and regulations. 20. Public Records Law. Lessee shall: a. Keep and maintain public records that ordinarily and necessarily would be required by the Lessor in order to perform the service. b. Provide the public with access to public records on the same terms and conditions that the Lessor would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. Page 7 of 11 166 1 d. Meet all requirements for retaining public records and transfer, at no cost, to Lessor all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Lessor in a format that is compatible with the information technology systems of the public agency." 21. This Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then- current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 22. This Lease contains the entire agreement of the Parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Lease by the Parties. 23. In the event state or federal laws are enacted after the execution of this Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Lease, then in such event this Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Lease. 24. Except as otherwise provided herein, this Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail,postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Notices shall be addressed as follows: If to Authority: Airport Manager Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 cc: Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 If to Lessee: Mr. Ralph Hester PO Box 2023 Immokalee, Florida 34143 Page 8 of 11 16G 1 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. 25. Lessee is an independent contractor, and is not any agent or representative or employee of Authority. During the term of this Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Authority. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party hereto or otherwise. Nothing contained in this 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 Authority is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that Authority excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 26. Neither party to this Lease will be liable for any delay in the performance of any obligation under this Lease or of any inability to perform an obligation under this Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 27. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Premises, 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 Premises. 28. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 29. Airport Development. The Authority reserves the right to further develop or improve the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view of the Lessee,and without interference or hindrance. 30. Airport Operations. Lessee shall prevent any use of the Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard, and will restrict the height of structures; objects of natural growth and other Page 9 of 11 16G �. obstructions on the Premises to such height as to comply with Federal Aviation Regulations, Part 77. 31. Nondiscrimination Clause. The Lessee for himself, his personal representatives, successors in interest, and assigns, as 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 in participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Leased Premises; (2)that in the construction of any improvements on, over or under such land and the furnishing of services thereon,no person on the grounds of race,color or national origin shall be excluded from participating in, denied the benefits of, or otherwise subjected to discrimination; (3) that the Lessee shall use the Leased Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants,Authority shall have the right to terminate this Lease and to re-enter into another lease as if this Lease had never been made or issued. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. 32. Dominant Agreements and Property Rights Reserved. This Lease is subordinate and subject to all existing agreements between the Authority and the Federal Aviation Administration, the Authority and the State of Florida, and the Authority and Collier County. During the time of war or national emergency, the Authority shall have the right to lease the landing area or any part thereof to the United States Government for military or naval or similar use, and, if such lease is executed, the provisions of this Lease insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 33. Lessee shall execute this Lease prior to it being submitted for approval by the Collier County Airport Authority. This Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Lease, at Lessee's sole cost and expense. 34. Special Provisions. Exhibit "E" assigns and defines site specific provisions, if any are applicable. Page 10 of 11 1 6 G IN WITNESS WHEREOF, the Lessee and Authority have hereto executed this Lease the day and year first above written. AS TO THE LESSEE: RTH ENTERPRISE 94C., a Florida corporation By: Witness (signature) (print name) _ /Ji�. id./ Ija Wit/��(signat ire) Il / Oza (print name AS TO THE AUTHORITY: Attest: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, SERVING AS THE COLLIER COUNTY AIRPORT ►. AUTHO1TY LBy: v ,� j‘,26. Dep Y 4W� Attest as to Chairman's By: signature only. Donna Fiala, Chairman Approved as to form and legality: 44 Jenni er A. Belpet Assistant County •rney 03) c` � Page 11 of 11 16G 1 RTH Enterprise,Inc. EXHIBIT "A" —Premises '---'.."''''''' ' ' 7 .4 w ,/,7 , .:,-x r ' , , .. ' ' ''' '' ' / ' ' 0r 0.,, ,. ,,,,,,..- ;;,...::::,..7:::. ..',,,.,. ' .- : 1,..',...:::.... ' ''' -./4 . €encedM nleitred Area 1 792 240 h ._41 14ôcres if, • r } a ,iiiilik i si ._ 1 Immokalee Regional Airport Exhibit"B" 16G RISK MANAGEMENT DEPARTMENT STANDARD OPERATING PROCEDURE 9952c0lfltY SUBJECT: Emergency and Safety Operations at Motorsports Venues Program (ESOMV) REFERENCE: NFPA 610, POLICY FOR EMERGENCY AND SAFETY OPERATIONS AT MOTORSPORTS VENUES. EFFECTIVE DATE: 5/2015 REVISION DATE: Purpose: The purpose of this document is to provide guidance for the development of a system that provides for the safety of emergency response personnel and effective emergency operations at motorsports facilities and events through planning, training, and equipping, and through the deployment of necessary resources. Therefore, this written plan is intended to provide a means to address those items and demonstrate Collier County's compliance with the reporting requirements of County Managers Administration (CMA) 5902 and all other applicable state and/or federal regulations and requirements. In addition, it is the policy of Collier County to comply with all workers' compensation laws and regulations. Scope: This policy applies to motorsports events held at both indoor and outdoor Collier County facilities, whether temporary or permanent, except for air or water events. This policy is not intended to apply to non-motorsports events conducted at motorsports venues. It is also recommended that an implementation plan be developed based on the applicable portions of this policy. Administrative Duties: Collier County's Risk Management Department is responsible and the Authority Having Jurisdiction (AHJ) for developing and maintaining this written Emergency and Safety Operations at Motorsports Venues Program (ESOMV). Risk Management Department is solely responsible for all facets of the plan and has full authority to make necessary decisions to ensure the success of this plan. Collier County's Safety staff is also qualified, by appropriate training and experience that is commensurate with the complexity of the plan, to administer or oversee our Emergency and Safety Operations at Motorsports Venues Program (ESOMV) and to help department supervision implement the program accordingly. Specific management, supervision and employee responsibilities are outlined within this document. The written ESOMV shall be kept at the following locations: 1. The Risk Management Department maintains a master copy 2. Each location that falls under the ESOMV is responsible for ensuring compliance with plan and providing site-specific APPENDIX information at their location in accordance with the policy. Accountability: To ensure the (ESOMV) program and corrective actions are completed thoroughly and accurately, Risk Management has developed an auditing system that will be used to measure the effectiveness of the 11/20/2015 3:37 PM 16G 1 . program. This system of accountability is necessary to ensure that all ESOMV related incidents, claims and near misses are properly reported and documented, thoroughly investigated, safeguarded accordingly and followed up appropriately. Definitions: Approved. Acceptable to the authority having jurisdiction. Authority Having Jurisdiction (AHJ). An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure. Clean-Up Personnel. Personnel primarily responsible for restoring a racing surface by mitigating liquid spills and removing debris. Command Post. The location where the incident commander and associated staff are located during an emergency incident. Competition Area. The designated area of a motorsports venue in which vehides compete, perform, train, demonstrate, or test at competitive speeds. Critical Incident Stress. An unusual or traumatic event that creates or might create stress or other adverse condition for persons who have been exposed to the event but who have not necessarily incurred bodily injury from the event. Drag Strip. A straight, open-ended course without turns that generally does not incorporate changes in elevation. Emergency Incident. Any situation to which an emergency services organization responds to deliver emergency services, including rescue, fire suppression, emergency medical care, special operations, law enforcement, and other forms of hazard control and mitigation. [1561, 2008] Emergency Medical Personnel. Personnel primarily responsible for providing emergency medical care or having additional responsibilities of extrication. Emergency Medical Services (EMS). The provision of treatment, such as first aid, cardiopulmonary resuscitation, basic life support, advanced life support, and other pre-hospital procedures, including ambulance transportation, to patients. [1500, 2013] Emergency Services Personnel. Personnel who are designated by the emergency action plan or who are operating above the motorsports safety awareness level to serve in responder or safety roles, including emergency medical personnel, marshals, vehicle recovery personnel, rescue personnel, security personnel, track fire fighters, and pit area fire fighters. Event. A planned activity or gathering of participants in which one or more motorized vehicles are operated for speed and/or performance,which is conducted at a motorsports venue and indudes, but is not limited to, all related activities, such as a designated race as well as all periods for Participant registration, vehicle inspections, time trials, qualifying races, practice runs, exhibitions, post- race inspections, or postponed dates related thereto. 1„/2U/t0 ,'.i 3:37 PM 16G 1 EventNenue Official. An individual assigned to oversee the operation of a particular event or the facility and who might serve as both the event official and venue official. Garage. A secured area, protected from the elements by a structure or structures, in which competition vehicles are parked or stored and in which work is performed. Hazard. That which is capable of posing an unreasonable risk to health, safety, or the environment; capable of causing harm. Hazardous Materials Incident. An incident involving hazardous or volatile chemicals or other materials that, pursuant to local, state, or federal law, requires prescribed actions for clean-up, disposal, or both. Hazardous Situation. An act or condition that is judged to present a danger to persons or property that is so urgent and severe that it requires immediate corrective or preventive action. Incident Action Plan (IAP). A written or verbal plan stating the overall objectives, strategy, and specific tactics for a specified period of time. Incident Commander(IC). The individual responsible for all incident activities, including the development of strategies and tactics and the ordering and the release of resources. Incident Management System (IMS). A system that defines the roles and responsibilities to be assumed by responders and the standard operating procedures to be used in the management and direction of emergency incidents and other functions. Incipient Stage. The early stage of a fire, in which the progression has not developed beyond that which can be extinguished using either portable fire extinguishers or hand lines flowing up to 473 L/min (125 gyms). Local Authority. See Authority Having Jurisdiction. Major Facility. A purpose-built motorsports venue occupying a large amount of land that can accommodate a mass gathering to witness a motorsports event. Marshal. An individual assigned to provide observation and communications, to show flags to drivers, to provide first-response fire fighting and first-response emergency medical care, and to remove debris and assist in removing vehicles. Medical Gloves. An item of emergency medical protective clothing that is designed and configured to provide barrier protection to the wearer's hand to at least the wrist. Motorsports Safety Awareness Level. A designation for the capability expected of an individual who has been given basic safety information as provided by the venue/event incident action plan. Motorsports Safety Command Manager. An individual in management assigned to oversee the direction and supervision of the venue/event incident action plan and operations. 1/20/201 < H 7 PM 16G 1 Motorsports Safety Operations Level. A designation for the capability expected of operations personnel that pertain to their specific responsibilities and duties as provided by the venue/event incident action plan. Motorsports Safety Specialist Level. A designation for the capability expected of highly specialized personnel that pertains to the performance of their specific areas of rescue or emergency expertise as provided by the venue/event incdent action plan. Motorsports Safety Technician Level. A designation for the capability expected of emergency personnel that pertains to the implementation of rescue procedures as provided by the venue/event incident action plan. Motorsports Venue. A facility or designated area at which motorsports and related activities are conducted. Multi-Casualty Incident(MCI). An emergency casualty incident involving multiple persons with bodily injuries that exceeds the capacity of the medical resources available at the motorsports venue/event. Multi-Use Facility. A motorsports venue that incorporates more than one type of course and is adaptable to a variety of motorsports disciplines. National Incident Management System (NIMS). A system mandated by Homeland Security Presidential Directive 5 (HSPD-5)that provides a consistent nationwide approach for federal, state, local, and tribal governments; the private sector; and nongoverrmental organizations to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. Off-Track Emergency Response. Response to emergencies at a motorsports facility in areas other than the competition area and immediately adjacent areas including, but not limited to, hospitality areas, concession stands, cooking facilities, grandstands, parking areas, and media areas. Paddock Area. A secured or restricted area in which competition and support vehicles are parked or staged, or both, and in which work is performed. Pit Area. A designated area in which work is performed on competition vehicles during the race or performance. Pit Area Fire Fighter. A fire fighter who is responsible for providing fire suppression in the pit area and who might be responsible for fire suppression at the fueling depot. Rescue Personnel. Personnel assigned to extricate injured or trapped occupants from disabled competition vehicles. Road Course. A closed, permanent course on which there are turns in both directions and that might incorporate changes in elevation. Sanctioning Body. The individual or organization responsible for the rules and conduct of the competition. 11/20f; 01.5 :3:37 PM 16G 1 Security Personnel. Personnel,with or without arrest authority, assigned to control crowds and traffic at a motorsports venue and whose duties might also including checking of credentials and identification and deterring theft. Site Emergency Team. An organized group of trained response personnel operating under an emergency response plan and appropriate standard operating procedures that handles and controls actual or potential emergency incidents and that responds to emergencies for the purpose of control or stabilization of the incident. Street Circuit. A closed, temporary course on closed public or private roadways on which there are turns in both directions and that might incorporate changes in elevation. Terrorist Activities. Disruptive or violent actions taken by an organized group or individuals in order to intimidate a population group or civil authorities. Track Clean-Up Personnel (Restoration). Personnel whose primary responsibility is to keep the racing surface in proper condition for racing; sometimes called track restoration personnel. Track Emergency Medical Personnel. Personnel assigned to emergency medical duties on and adjacent to the competition area who respond by ambulance, safety vehicles, other vehicles, or on foot and whose training levels range from first responder to medical doctor. Track Fire Fighter. A fire fighter primarily responsible for competition area fire suppression activities and possibly extrication efforts. Vehicle Recovery Personnel. Personnel primarily responsible for the operation of vehicle recovery equipment and the removal of disabled competition vehicles and their components from the competition and adjacent areas. 11/20/201% PM 16G 1 SECTION I : Incident Action Plan (IAP): General. For each motorsports event, an incident action plan (IAP) will be prepared by the venue owner/operator working in conjunction with Risk Management. Changing resources and event characteristics might require ongoing modifications or built-in adaptability. A designated person will be responsible for the maintenance of the plan. For the purpose of this document, an IAP is a formal written plan that defines roles and responsibilities; identifies potential emergency conditions at the event site; and prescribes the procedures and objectives reflecting the overall incident/event strategy, tactics, risk management, and member safety to be followed to minimize or prevent loss of life and property. This may also be referred to as an emergency action plan (EAP) or emergency operations plan (EOP). It will be noted that for the purposes of this document, an IAP does not refer to an IAP as defined by the National Response Framework and the National Incident Management System (NIMS). Level of Event. For the purpose of developing IAPs, motorsports events are classified as Level I through Level III in this document. 1. A Level I motorsports event is an event that is generally perceived as posing less risk of injury than that encountered in legal and responsible travel in an automobile on public roads. Events in this level typically have less than 1000 people on site. Examples include, but are not limited to, club or private events held usually in parking lots or other temporary facilities and autocrosses, manufacturer ride and drives, or new car introductions at racing facilities. 2. A Level II motorsports event is an event that is generally perceived as posing a risk of injury similar to that encountered in legal and responsible travel in an automobile on public roads. Events in this level typically have 1000 to 10,000 people on site. Examples would include, but not be limited to, entry-level competitions, noncompetitive driving schools, motorcycle enduros, closed-course rallies, street legal drag raring, stand-alone time trials, or karting or quarter midget competitions. 3. A Level III motorsports event is an event that is generally perceived as posing a risk of injury higher than those encountered in legal and responsible travel in an automobile on public roads. Events in this level typically have greater than 10,000 people on site. Examples include, but are not limited to, oval competitions, speed tests, road course speed events, tractor pulls, monster truck events, drag racing, drifting, or motocross. Statement of Purpose. 1. The IAP will begin with a statement of purpose that defines the goals of the plan. 2. An example of a statement of purpose for a motorsports venue running Level I and II events is as follows: "This plan defines response systems for on-track and off-track incidents. This plan also provides for coordination between the site emergency team response and AHJs to promote an effective response." 3. An example of a statement of purpose for a motorsports venue running Level III events is as follows: "The purpose of this incident action plan is to provide response procedures to protect people and property during an emergency or disaster situation. This plan identifies and assigns personnel to various tasks and responsibilities,thus creating the site emergency team. This plan defines response systems for on-track and off-track incidents. This plan also provides for coordination between the site emergency team response and AHJs to promote an effective response." 4. All parties involved in the operations described in the IAP will know their responsibilities under the plan. 1:1/20/201 x :3:37 PM 16G 1 Adapting IAP to Resources and Event. 1. The IAP will be capable of being scaled to the size and type of event. 2. The IAP will be applied based on the level of event. This requires the owner/operator to address the hazards expected from the type of event planned as well as the expected quantity of persons present. 3. The IAP will identify the number and types of roles necessary to carry out the objectives of the plan. Consistency with Plans of the BCC. 1. The IAP will be consistent with emergency operation plans of the BCC. Motorsports venues are designed in different configurations, based on the type of competition/performance that takes place at a facility. Facilities include, but are not limited to, ovals, drag strips, road courses, street circuits, arenas, major facilities, and multi-use facilities.The facility might be located within a major city or in a rural area. Due to these variables, it is important that the facility, when preparing an IAP, work closely with the local providers of emergency services to incorporate its plan into their community emergency plan. 2. The venue might be responsible for meeting the requirements placed on it by the AHJs beyond the guidelines given in this document. Management Structure. 1. The IAP will define a management structure for handling emergency situations. 2. The management structure will be based on an incident management system (IMS) consistent with NFPA 1561, Standard on Emergency Services Incident Management System. 3. For Level I and II events, the IAP may depend on the expertise and resources of outside responding agencies and personnel to initiate response and manage the emergency based on the National Incident Management System (NIMS). 4. For Level III events, venue officials and responders will provide a coordinated response based on the NIMS. 5. The IAP will provide for the coordination of efforts by the wide variety of agencies that might interact in an emergency situation, including event staff, local agencies, state agencies, and federal authorities. 6. The IAP will be provided to all agencies identified in the plan, and such agencies will acknowledge their participating roles in the plan. 7. The IAP will provide for unified command with an incident commander(IC) and a predefined command post location. For Level I motorsports events, such a command post location could be a designated meeting location where coordinators for each of the emergency operations could gather. For Level II and Level III motorsports events, the command post might be a fixed facility equipped with communications and command/control technology. 8. The IAP will establish a predetermined area for staging of resources, giving consideration to arrival and departure access. I.J/20/201'3 3.37 PM 16G 1 9. The IAP will provide for the creation and distribution to participating agencies designated in the plan and to on-site personnel of current site location information that includes significant features on the property. This information could be disseminated as a map. However, to provide more flexibility, some features, such as gates, might be better described as being located near a seating section or a particular building, rather than being included as part of a map detail. 10. IAP Components. The IAP will contain the components specified in 4.7.1 through 4.7.10.4 for all motorsports venues, events, or both. The amount of detail included for each component is dependent on the level of the event, the identified hazards of the event, and the Incident Action Plan Checklist (see Figure 4.12). Fire Protection Component. 1. The IAP will include fire protection information for the facility and the event. It is important that the plan include information on any materials that present a fire hazard specific to the event, including their location, the quantity of material, and how the materials are distributed, together with the impact the presence of the materials could have on the event or on the persons present at the event. 2. The IAP will include information on the fire protection available at the venue. This could include information related to fire alarm systems, standpipe systems, sprinkler systems, fire extinguishing systems, and fire hydrants or other available water resources. The identification of the agencies and a method to contact those responsible for the maintenance or repair of these fire protection systems are important if a system needs repair. 3. To supplement the fixed fire protection, an inventory of fire suppression vehicles and equipment scheduled to be on the property and the methods of contact for agencies and management personnel responsible for response to firerelated scenarios will be part of an IAP. 4. The IAP must include identification of the agencies and a method to contact those responsible for the fire protection of the facility. Traffic Control Component. 1. The traffic control component will include plans for inbound and outbound flow of emergency vehicles and provisions for emergency evacuation of all or part of the site. 2. The traffic control component will include the identification and method of contact for agencies or persons, or both agencies and persons, responsible for traffic flow management and emergency traffic scenarios. 3. Emergency Medical Services (EMS) Component. The IAP will include EMS response information for the venue, the event, or both. 4. EMS response information generally will include an inventory of EMS equipment and staffing scheduled to be at the venue as well as the identification and method of contact of agencies and management personnel responsible for response to a medical emergency. 5. The IAP will identify the emergency medical care provided at the event and the procedure for obtaining an additional level of care or a higher level of care if necessary. Multi-Casualty Incident(MCI). 11/28/M ri .3:37 PM 166 1 1. The IAP will provide for coordination between EMS and public safety agencies having jurisdiction in the area where the venue is located, for the purpose of managing an MCI. 2. Agencies and management personnel responsible for response to MCIs will be identified along with methods of contact. 3. Must include the protocol for entering the incident into STARS with 24 hours. 4. Civil Disturbance/Terrorist Incident/Active Shooter. The IAP will include a component for response to possible disruptive or terrorist activities. Hazardous Materials Incidents. 1. The IAP must utilize the Collier County's Emergency Spill Response Procedure (ESRP) to develop these section and to identify any necessary resources anticipated to mitigate any hazardous materials incident that impacts the site. 2. The IAP will include information on the location of the material safety data sheet(MSDS) for hazardous materials on the site. 3. The IAP will include contact information for response agencies that could assist with hazardous materials incidents that might occur on site. Environmentally Threatening Incidents, Including Weather Related Problems. 1. The IAP will consider the management of weather-related and environmental problems, including factors such as the geographic location of the venue and condtions unique to the local area or time of year. A. The IAP will contain procedures for the following: 1. Receipt of weather and other emergency warnings 2. Event cancellation prior to or after the start of activities 3. Notification of warnings to participants, staff, and guests 4. Evacuating, sheltering, or providing direction to people potentially affected by the threat 2. Planning will consider conditions that can adversely impact an event, such as the following: 3. Simultaneous events at other nearby venues 4. Government-declared emergencies or warnings, such as predicted deteriorating weather or environmental problems 5. Proximity to other locations or operations with the potential for creating environmental hazards, such as rail yards, manufacturing facilities, and nuclear power plants 6. Relocation/Evacuation. Planning for the complete or partial relocation/evacuation of a facility will include the following: 7. Person(s) authorized to order the relocation/evacuation prior to or after the start of activities 8. Consideration of the estimated time to complete the relocation/evacuation 9. Notification procedure for the relocation/evacuation of participants, staff, and guests 10.Assistance and resources needed to effect an orderly relocation/evacuation 11/20/2015 3.3" PM 16G I 11.Availability and utilization of shelters on site or off site 12. Resources. The IAP will consider the utilization of available resources to deal with an emergency situation. Personnel. The IAP will describe each position key to the provisions of the plan and the primary responsibilities of that position as it relates to the plan. Personnel resources that the plan may identify include the following: 1. Administrative/event/maintenance staff 2. Sanctioning body staff/officials 3. Security/law enforcement personnel 4. Fire personnel 5. EMS personnel 6. Emergency management representatives 7. Contracted service providers Equipment and Supplies. The IAP will identify and determine the availability of internal and external resources that could be used in an emergency situation, such as the following: 1. Heavy equipment 2. Generators 3. Power tools 4. Traffic barriers 5. Fencing 6. Construction materials 7. Fire-fighting equipment 8. Technical rescue equipment 9. Portable lighting 10. Patient care equipment and multi-casualty equipment 11. Refrigeration facilities 12.Welding and cutting tools 13. Debris removal equipment 14. Hazardous waste mitigation equipment Transportation. The IAP will identify and determine the availability of transportation resources that could be used in an emergency situation, such as the following: 1. Trams 2. Tractors 3. Buses 4. Trucks 5. Personal vehicles 6. Agency vehicles available for movement of personnel and victims Communication Component. 1.1./20/20:1.5 3:17 PM 16G 1 1. The IAP will include an emergency communication component to establish coordination of all communication systems operating at the event, including the following: A. Public address system and digital message board (if available) B. Broadcast radio frequency for public announcements C. Two-way radio system, channel assignments, or both D. Telephone systems(internal and external) E. Cell/satellite systems information F. Data systems G. Social media 2. Consideration will be given to communication challenges that might arise, especially during an emergency, such as the following: A. Communication with marshals, response personnel, and administrative/event staff B. Notification of guests and participants C. Responsibility for the following: 1. Communication with the news media 2. Authorized release of information and the wording of media releases 3. Locations for interviews or press conferences 4. Identification of contacts to provide information 3. Communication systems failures due to equipment failure, interference, or systems overload 4. Where a backup communication system that could be used in the event of a failure of the primary system is identified, the backup system will consist of a technology sufficiently different from the primary system to make failure of the backup system unlikely in the event of a primary system failure. 5. Pre-event testing of communication systems will be part of the IAP. It might not be possible to test some parts of the system until the event is in full progress. At that time, problems related to equipment positioning and radio channel interference might first become apparent, and alternatives will be considered. Pre-Event Agreements. 1. Prior arrangements for assistance from outside agencies for resources such as fire, rescue, law enforcement, EMS, and contracted services will be established and contracts reviewed by Risk Management for insurance coverage. 2. Incidents or events that might require multiple jurisdictional responses will be identified. Critical Incident Stress Debriefing (CISD). 1. A process for identifying incidents in which critical incident stress is a significant hazard will be established and will include identifying personnel adversely affected by incident stress and promptly initiating critical incident stress debriefing (CISD). 2. CISD assistance and resource availability will be identified. Death at the Venue. 1. The IAP must include procedures for notification of appropriate authorities and compliance with local statutes in the event of a death at the venue. 2. These individuals must be included and contacted immediately. :1.1/20/201 3:37 PM 16 G 1 • e Name/Department Title Office# Cell/After Hours# Justin Lobb Airport Manager 642-7878 571-0232 Jeff Walker Risk Mgmt Director 252-8461 580-8310 Ron Miller EHS Manager 252-8091 821-9753 Dan Rodriguez SHWMD Director 252-2508 253-0866 Alister Burnett Env Compliance Mgr 252-7953 280-8474 Dennis Linguidi Facilities Director 252-8380 XXXX Dan Summers Emergency Mgmt 252-3600 XXXX Rebecca Adams Risk Finance Mgr 252-8839 451-8929 Review. 1. The IAP will be reviewed annually by Risk Management and the location Director as appropriate to meet current or future conditions. 2. A post-incident review will be held with participating agencies to identify practices that could benefit from additional attention or plan revision. SECTION II: TRAINING 1. Any paid or volunteer personnel having an assignment or defined responsibility with a motorsports facility or serving a designated function at a motorsports venue will be informed or trained using the levels commensurate with their assigned function. Personnel performing the described assignments will receive periodic, updated training. 2. Training to meet will be conducted by personnel who are qualified through formal training and have experience in this field. This includes trainers such as an equipment manufacturer or a sanctioning body that has a formal training program. Motorsports Safety Awareness Level. 1. Persons functioning at the motorsports awareness level will be informed of the facilities and the possible hazards, how to call for assistance, and their role, if any, in the incident action plan (IAP). This information, if applicable, will include the following: A. Recognition of what hazards exist in their area of operation and the potential incidents associated with those hazards B. Recognition of the presence of a hazardous situation or safety threat C. Identification of an emergency incident D. Familiarization of basic safety measures to take to protect themselves from the risks associated with the incident E. Realization of the need for immediate assistance and the ability to make appropriate notifications as identified in the IAP F. Familiarization of reasonable and prudent initial actions that might reduce the severity of the incident G. Familiarization of the existence of the incident management system (IMS) and the public relations plan H. Knowledge of facility features and access/egress points 2/11/2016 11:25 AM 16G i 2. It is not the intent of this guide to expect someone informed at the awareness level to take an aggressive role in reducing the severity of the incident. However, there might be actions the person could take as they move to a safe area, such as closing a door, shutting off a fuel valve on a burner, shutting off a power switch, or directing people away from the incident area, as these actions could reduce the severity of the incident without jeopardizing their own safety. Motorsports Safety Operations Level. 1. Persons expected to function at the motorsports safety operations level will be informed to the motorsports safety awareness level; have knowledge of the facilities and the event specific hazards; know how to call for emergency assistance; have the knowledge, skill, and ability to take first emergency mitigation actions in their areas of operation; and understand their role in the IAP. 2. Motorsports safety operations—level persons typically include pit area fire fighter, track clean-up personnel, repair and maintenance workers, off-track emergency responders, track emergency medical personnel(non-rescue), marshals, vehicle recovery workers, security, and event/venue officials. Training programs will be identified that can assist the individual to develop the following: A. Knowledge, skill, and ability to recognize and identify hazards B. Knowledge, skill, and ability to select and properly use personal protective equipment (PPE) appropriate to the function or assignment C. Knowledge, skill, and ability to function within an assigned role in the National Incident Management System (NIMS) D. Knowledge, skill, and ability to suppress incipient fires with a portable fire extinguisher E. Knowledge, skill, and ability to perform hazard control operations, incident mitigation, and extrication operations within the capabilities of the resources and PPE available in their areas of operation F. Knowledge, skill, and ability to use basic equipment and follow established emergency guidelines G. Knowledge, skill, and ability of appropriate measures to assist or rescue victims H. Knowledge, skill, and ability of procedures to return to routine operation Motorsports Safety Technician Level. 1. Persons expected to function at the motorsports safety technician level will have the knowledge, skills, and ability of the motorsports safety operations level; have knowledge of the facilities and the event-specific hazards; have the knowledge, skill, and ability to take emergency mitigation actions in their areas of operation; and understand their role in the IAP. 2. Persons trained to the motorsports safety technician level may include pit area fire fighters, track fire fighters, and combination or cross-trained personnel responsible for extrication, rescue, and/or emergency medical services (EMS). Training programs will be identified that can assist the individual to develop the following: A. Knowledge, skill, and ability to implement the venue's IAP B. Knowledge, skill, and ability to function within an assigned role in the NIMS C. Knowledge, skill, and ability to select and use proper PPE for the technician level D. Knowledge, skill, and ability to use hazard and risk assessment techniques E. Knowledge, skill, and ability to suppress fires that are commonly expected at the venue/event or in their specific assignment, given adequate equipment 1.:1/20/301.% 3:37 PM 16G 1 F. Knowledge, skill, and ability to perform advanced hazard control operations, incident mitigation, and rescue operations within the capabilities of the resources and PPE available in their areas of operation G. Knowledge, skill, and ability to extricate or remove victims H. Knowledge, skill, and ability to conduct basic patient assessment, initiate patient care, and call for advanced medical support I. Knowledge of the type of competitive vehides and specific features and hazards associated with those vehicles J. Knowledge, skill, and ability to use event-specific special equipment, including power tools used to cut or remove vehicle body and structural components K. Knowledge, skill, and ability to apply the relevant standard operating procedures guidelines L. Knowledge, skill, and ability to implement the procedures to return to routine operation M. Knowledge, skill, and ability to drive and operate an on track emergency response vehicle Motorsports Safety Specialist Level. 1. Persons expected to function to the motorsports safety specialist level will have the knowledge, skills, and ability of the motorsports safety operations level; have knowledge of the facilities and the event-specific hazards; have a specific knowledge, skill, or ability to take specialized mitigation actions in their demonstrated areas of expertise; and understand their role in the IAP. 2. The motorsports safety specialist would indude on-track physicians; hazardous entry, stabilization, and extrication specialists; recovery vehicle operators; and specialized track maintenance personnel.Training programs will be identified that can assist the individual to develop the following: A. Knowledge, skill, and ability to select, apply, and use specialized equipment, PPE, and procedures necessary to perform their assigned function B. Knowledge, skill, and ability to perform specific and specialized hazard control operations, incident mitigation, or extrication operations within the capabilities of the resources in their specific areas of operation Motorsports Safety Command/Manager. Persons expected to function to the motorsport safety command/manager level will have the knowledge, skills, and ability of the motorspo s safety operations level; have detailed knowledge of the facilities and the event-specific hazards; ave the knowledge, skill, and ability to command or direct emergency mitigation actions; and unde stand all roles in the IAP. Training programs will be identified that can assist the individual to devel p the following: A. Knowledge, skill, and ability to implement a d direct the IMS B. Knowledge, skill, and ability to implement nd manage the event/venue IAP C. Knowledge of the hazards and risks asso iated with personnel working in motorsports safety roles D. Knowledge, skill, and ability to activate and coordinate with external emergency resources E. Knowledge of the responsibility to the AHJ 11120/2015 3:37 PM 16G 1 SECTION III: Personal Protective Equipment(PPE) 1. All personnel with assigned responsibilities at a motorsports venue will wear appropriate personal protective equipment(PPE) commensurate with the hazards associated with their assignment, as determined by a PPE Hazard/Risk Assessment conducted by Risk Management and must contain the following: A. PPE selection by PPE Hazard Analysis by Risk Management B. Correct application and usage C. Storage, maintenance, and inspection procedures D. Training 2. Personnel functioning in multiple capacities will wear PPE commensurate with the task associated with the highest level of exposure. For example, personnel whose primary responsibility is emergency medical service (EMS) might also be responsible for fire fighting.When such personnel are performing the more hazardous duty, in this case fire fighting, they will be protected to that higher level when performing that task. Therefore, members can be attired in their EMS uniform, while having the fire-fighting PPE available for use when a fire occurs. 3. PPE will be selected and used in accordance with the manufacturer's instructions. Some protective clothing designed for motorsports competitive use is not intended for fire-fighting use. 4. During selection of PPE, careful consideration will be given to fit and comfort. PPE that fits poorly will not afford the necessary protection. Initial and continued wearing of the PPE is more likely if it fits the wearer comfortably. 5. PPE will be maintained and stored in accordance with the manufacturer's instructions. 6. PPE alone will not be relied on to provide all levels of protection against all hazards. 7. PPE will be used in conjunction with proper use of tools and equipment, proper training, standard operating guidelines, and deployment of personnel to minimize the risk(s) to responders. 8. PPE meeting the requirements of a standard or specification is designed to provide a specific level of protection and will not be used beyond the level for which it is intended. REQUIRED PERSONAL PROTECTIVE EQUIPMENT(PPE) Eye Protection. 1. Care will be taken to recognize the possibility of multiple and simultaneous exposure to a variety of eye hazards. A list of the hazards expected to be encountered will be developed. Examples of the expected hazards are impact from flying debris, dust, heat, chemical splash, bloodborne pathogens, glare, and optical radiation from welding or a cutting torch. 2. Personnel exposed to a potential hazard or dealing with a specific incident will use primary face and eye protection appropriate for that given specific hazard. 3. Face and eye protection will meet the requirements of 29 CFR 1910.133, "Eye and face protection," or ANSI/ISEA Z87.1, Occupational and Educational Personal Eye and Face Protection Devices. 4. Emergency medical personnel or others with potential exposure to bloodborne pathogens will wear eye protection in accordance with the requirements of 29 CFR 1910.1030, "Bloodborne pathogens." 5. Persons whose vision requires the use of prescription lenses will wear either protective devices fitted with prescription lenses or protective devices designed to be worn over regular prescription eyewear when required. 11/20/2015 3:337 P M 16G 1 6. Wearers of contact lenses will wear appropriate eye and face protection devices in a hazardous environment. Dust, high heat, or chemical environments might represent an additional hazard to contact lens wearers. Foot Protection. 1. All personnel with assigned responsibilities at a motorsports venue will wear appropriate protective footwear commensurate with the hazards associated with their assignment. The footwear appropriate for motorsports emergency response can be variable. 2. Track clean-up personnel, vehicle recovery personnel, marshals, and EMS personnel will wear appropriate closed toe protective footwear commensurate with the tasks they routinely perform. 3. Purpose-built shoes designed expressly for the needs of an emergency response team can be used but will consist of a sole with heel, totally enclosed upper of leather or heat and flame-resistant material, insole, and shank, and will provide some amount of penetration, impact, and compression protection. Both the sole and heel will be of nonslip tread. Additional considerations will include double-welt construction,toe and metatarsal protection, and bloodborne pathogen protection. 4. Boots that meet the requirements of NFPA 1951, Standard on Protective Ensembles for Technical Rescue Incidents; NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting; NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting; or ASTM F 2413, Standard Specification for Performance Requirements for Protective (Safety) Footwear, are examples of boots that could be chosen. These standards are noted for guidance and suggestion and are not intended to limit the user. Other purpose-built footwear that incorporates the protection features of these standards but that might not specifically meet the standards could be worn if approved by Risk Management in accordance with CMA 5806 Protective Footwear. Hand Protection. 1. The activities of each function will be studied to determine the degree of dexterity required and the duration, frequency, and degree of exposure to the hazard. No single glove can provide protection against all potential hand hazards. 2. Track clean-up and vehicle recovery personnel will wear gloves that provide protection from heat, sharp objects, or rough surfaces. 3. Personnel engaged in fire fighting will wear gloves that provide thermal protection, conductive heat resistance, flame resistance, cut resistance, puncture resistance, dexterity, and grip characteristics. Gloves that meet the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, or NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting (protective work glove only), are examples of gloves that could be chosen. These standards are noted for guidance and suggestion and are not intended to limit the user. 4. Personnel engaged in extrication will wear gloves that provide thermal protection, conductive heat resistance, cut resistance, puncture resistance, dexterity, and grip characteristics. Gloves that meet the requirements of NFPA 1951, Standard on Protective Ensembles for Technical Rescue Incidents; NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting; or NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire 11/20/2015 :337 PM 16G 1. Fighting (protective work glove only), are examples of gloves that could be chosen.These standards are noted for guidance and suggestion and are not intended to limit the user. 5. Personnel will wear emergency medical gloves when providing emergency medical care that exposes them to the hazards of Bloodborne pathogens. 6. Medical gloves will be single-use, be disposable, and meet the requirements of ASTM D 3578, Standard Specification for Rubber Examination Gloves. 7. Universal precautions will be followed when treating any victim of illness or injury. Different localities and jurisdictions mandate different levels of protection for the worker. NFPA 1581, Standard on Fire Department Infection Control Program, and 29 CFR 1910.1030, "Bloodborne pathogens," can be used as reference to determine the proper level of protection for the worker. Head Protection. 1. Thermal Protection must be provided by a protective hood designed to provide limited protection to the head, face, and neck. 2. Pit area fire fighters and track fire fighters involved in fire suppression operations will wear a hood that meets the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting. 3. EMS and rescue personnel who might be exposed to flash fire will wear a hood that meets the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting, or SFI 3.3, Driver Accessories. Impact Protection. 1. Personnel riding in or on response vehicles will be seated and restrained with a safety belt at all times while the vehicle is in motion. 2. If the job function is such that personnel cannot be seated and belted, they will wear impact protection that provides protection for the head. Helmets that meet the requirements of Snell, SA2000, SA2005, or SA2010, Standard for Protective Headgear for Use in Competitive Automotive Sports; Snell, M2000, M2005, or M2010, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles; SFI Specification 3. Flame Resistant Motorsports Helmet—Open Face; 31.2A, Flame Resistant Motorsports Helmet— Closed Face; 31.1/2005, Flame Resistant Motorsports Helmet; 41.1A, Motorsports Helmets— Open Face; 4. Motorsports Helmets—Closed Face; or 41.1/2005, Motorsports Helmets; or DOT helmets are some examples of the type of head protection that could be worn by personnel exposed to falls from moving vehicles. These documents are noted for guidance and suggestion and are not intended to limit the user. 5. Pit area fire fighters who are exposed to the hazards of flying debris and tools will wear head protection that provides impact protection. Helmets that meet the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting; Snell, SA2000, SA2005, or SA2010, Standard for Protective Headgear for Use in Competitive Automotive Sports; Snell, M2000, M2005,or M2010, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehides; SFI Specification 31.1A, Flame Resistant Motorsports Helmet—Open Face; 31.2A, Flame Resistant Motorsports Helmet—Closed Face; 31.1/2005, Flame Resistant Motorsports Helmet; 6. Motorsports Helmets—Open Face; 41.2A, Motorsports Helmets—Closed Face; or 41.1/2005, Motorsports Helmets; or DOT helmets are some examples of the type of head protection that could 11/20/2015 3:37 PM 16G 1 be worn. These documents are noted for guidance and suggestion and are not intended to limit the user. Hearing Protection. Hearing protection will be worn by all personnel exposed to high noise—level hazards in accordance with 29 CFR 1910.95, "Occupational noise exposure." OSHA sets legal limits on noise exposure in the workplace. These limits are based on a worker's time weighted average over an 8 hour day. With noise, OSHA's permissible exposure limit (PEL) is 90 dBA for all workers for an 8 hour day, but only 2 hours over 100 dBA. Torso Protection. 1. Pit fire fighters, track fire fighters, and rescue personnel have the potential to be exposed to both flash fires and running fuel fires and will be protected from the dangers from both types of fires as well as the radiant heat expected while engaged in fire-fighting operations. 2. Pit area fire fighters, track fire fighters, and certain rescue personnel who actively engage in or are exposed to the hazards of fire fighting will wear a protective garment that meets or exceeds the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting. 3. Alternatively, a protective garment that meets or exceeds the requirements of SFI 3.2A/5, Driver Suits, may be used only when worn in conjunction with fire-resistant thermal protection underwear. 4. EMS personnel or rescue personnel who are actively engaged in extrication that exposes the personnel to flash fires will wear a protective garment that meets the requirements of NFPA 1951, Standard on Protective Ensembles for Technical Rescue Incidents; NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting; or SFI 3.2A/1, Driver Suits. EMS personnel who do not participate in extrication will be protected as outlined in 6.7.6. Flame-resistant thermal protection underwear will be worn with an SFI 3.2A/1—rated protective garment. 5. Personnel who actively engage in or are exposed to the hazards of fire fighting will avoid wearing clothing that is considered unsafe due to poor thermal stability or poor flame resistant characteristics, such as nylon or polyester. Such garments could cause injury to the wearer despite the appropriate protective garments worn over or under such clothing. 6. Track clean-up and vehicle recovery personnel and marshals will wear cotton, wool, or similarly flame-retardant, long-sleeved, long-legged clothing. 7. All EMS personnel will use appropriate PPE when providing emergency medical care that potentially exposes the personnel to the hazards of bloodbome pathogens. The federal OSHA standard 29 CFR 1910.1030(c)(3)(i), "Bloodborne pathogens," defines protective equipment as "appropriate" only if it does not permit blood or other potentially infectious materials to pass through to or reach the employee's work clothes, street clothes, undergarments, skin, eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of time that the protective equipment will be used. 8. Personnel operating at motorsports events will be attired in clothing that provides function identification and maximum visibility within the operational environment. 9. Consideration will be given for protective garments to have fluorescent and/or retro reflective trim permanently attached to the outer layer of protective garments to provide visibility. Some garments meeting NFPA PPE standards will already meet this requirement. If other protective garments do 11/20/701r; 3:37 PM 16G 1 not already have retro reflective properties, a secondary garment such as a fluorescent vest with retro reflective trim or a light source will be worn. SECTION IV: Emergency Services and Equipment The goal of emergency services personnel at any motorsports venue/event is to respond to an emergency situation with minimal time delays and with the necessary equipment to handle the incident and to protect persons from further injury. 1. Fire Suppression Equipment. Fire suppression equipment will be available for immediate deployment at a motorsports venue. Fire extinguishers or other fire-fighting equipment will also be available in, but not limited, to competition areas and areas designated for working on competitive vehicles. These areas can include garages, paddock areas, staging areas, and pit areas not adjacent to the competition area. Fire extinguishers will also be available anywhere fuel is handled, transferred, or stored. Such equipment is the first line of defense in the event of a fire. Fire suppression equipment can be divided into two categories: portable fire extinguishers and motorized fire-fighting vehicles. 2. Portable Extinguishers. NFPA 10, Standard for Portable Fire Extinguishers, provides detailed information about the selection, use, and maintenance of portable fire extinguishers. 3. The five common classes of fires are as follows: A. Class A, which are fires in ordinary combustible materials such as wood, paper,cloth, rubber, and many plastics. B. Class B, which are fires in flammable liquids such as gasoline, alcohol, and nitro methane; and combustible liquids such as diesel oil, motor oil, and greases. C. Class C, which are fires that involve energized electrical equipment. Water will not be used on energized electrical equipment, since it exposes the user to the risk of electrocution. D. Class D, which are fires in combustible metals, such as magnesium and titanium. Application of water on combustible metals might cause a violent reaction. E. Class K, which are fires in cooking appliances that involve combustible cooking media (vegetable or animal oils and fats). 4. Only listed and labeled portable fire extinguishers will be used, to ensure that compliance with minimum construction and performance requirements has been met. 5. The size of the portable fire extinguisher will be matched to the hazard that is being protected. The extinguisher or a combination of extinguishers must be able to extinguish the various types of fires that might occur in each area to be protected. In the case of exotic fuels or special hazards, it might be necessary to refer to material safety data sheets (MSDSs) for health hazards and special fire-fighting agents or equipment that will be used. Some materials used in the construction of motorsports vehicles might present health hazards, unique extinguishing requirements, or both. 6. Dry chemical extinguishers having a minimum agent capacity of 10 lb (4.54 kg) and having a discharge rate of at least 1 lb/sec (0.45 kg/sec) or more will be available. 7. Each fire extinguisher will be inspected and maintained as recommended by the manufacturer service manual before each deployment for an event. 8. Each extinguisher will be maintained annually by a trained and certified fire extinguisher service technician. 9. An adequate supply of replacement units will be on hand and available to be deployed prior to resuming the event. 1.1/20/201%3:37 PM 16G 1 10. Fire extinguishers will be placed at intervals around the competition area to facilitate rapid deployment and application. It might also be necessary to provide other types of suppression agents or backup fire suppression capabilities such as water buckets or supplied water hose reels. It is important that properly trained personnel are stationed near the extinguishers to minimize response time during a fire. 11. Fire extinguishers or other fire-fighting equipment will also be available in areas designated for working on competitive vehicles. These areas can include garages, paddock areas, staging areas, and pit areas not adjacent to the competition area. Fire extinguishers will also be available anywhere fuel is transferred from one container to another, whether from fuel storage facilities to a vehide or intermediate container, or from an intermediate container to a vehicle. Motorized Fire-Fighting Vehicles/Apparatus. 1. A Motorized fire-fighting vehicle will be provided where the distances are such that there is not time for a sufficient number of emergency services personnel with portable extinguishers to respond on foot, or where there is a potential need for fire-fighting capability beyond that which can be delivered with portable fire extinguishers. The size and layout of the competition area to be covered,the access points, and the type of motorsports event to be held must all be considerations when determining on-track fire suppression needs. 2. The motorized fire-fighting vehicle can be a specifically designed fire-fighting apparatus, or a vehicle as simple as a pickup truck, quad-runner, or golf cart—type vehicle equipped with fire- fighting equipment. 3. The motorized fire-fighting vehicle will be equipped with a fire-extinguishing agent(s) appropriate for the location and hazard expected to be encountered. Examples include, but are limited to, the following: A. A large listed and labeled portable fire extinguisher mounted in or secured to the vehicle, that typically contains about 125 lb (57 Icg) or more of a dry chemical extinguishing agent that is discharged through a hose with a control nozzle at the end of the hose B. A minimum 75 gal (285 L) water tank with a pump or a pressurized water tank and a minimum of 50 ft(15 m) of hose with appropriate fire-fighting nozzle. C. A minimum 30 gal (115 L) capacity alcohol-resistant aqueous film-forming foam (AR-AFFF) system with a pump or pressurized tank and with a minimum of 50 ft(15 m) of hose and an appropriate fire-fighting nozzle 4. One or more of each of the following types of portable fire extinguishers: A. A dry chemical fire extinguisher having a minimum agent capacity of 20 lb (9.1 kg), a minimum 20 "B" rating, and minimum agent discharge flow rate of 1 lb/sec (0.45 kg/sec) B. Pressurized water—type fire extinguisher having a minimum agent capacity of 2.5 gal (9.5 L) C. Fire extinguishers listed and labeled for Class D fires or special extinguishing agents appropriate for the special hazards of the motorsports type 5. Appropriate restoration tools and equipment, for the type of event, will be provided on a motorized vehicle such as the following: A. Tool box with common hand tools and seat belt cutter B. Heavy tools such as a pry bar, bolt cutters, flat shovel, crowbar, sledge hammer, and crash axe C. Tow strap or rope of approximately 30 ft(10 m) (4) Push brooms D. Containers of coarse oil-absorbent material,fine oil absorbent material, or both E. All of the equipment carried on the vehicle will be securely mounted to the vehicle. I1120/ 01% .3:i3/ P M 16G 1 6. Extrication Equipment. Rescue and extrication equipment to release a driver or any other persons trapped as a result of an incident within the venue will be available. Such equipment might include manual, electric, hydraulic, or otherwise powered spreaders and cutters. A. Extrication cutting equipment will be sufficient to cut roll bars, the vehicle body, or cockpit materials of the type found in motorsports competitive vehicles expected at an event. B. The equipment will be on site at the venue or close by with a local emergency response agency with the capability and willingness to respond to the venue. C. All powered rescue tools will be in compliance with NFPA 1936, Standard on Powered Rescue Tools. Emergency Medical Services (EMS). EMS will be provided in accordance with the requirements of the local authority with responsibility for setting EMS requirements. Consideration will be given to providing emergency medical capability on site, depending on the type of event and locally available resources. Ambulances and other EMS vehicles used at the venue will be equipped and staffed in accordance with the requirements of the AHJ. Methods of EMS delivery could include the following: (1) Advanced life support(ALS) unit(s) on site (2) Basic life support(BLS) unit(s) on site (3) BLS or ALS equipped personnel on site with local medical transport available (4) Off-site local emergency medical provider for a Level I event The number of units and the level of care will be in accordance with the incident action plan (IAP). Hazardous Materials Mitigation. All Hazardous Materials Spills of ANY size puts the Collier County Emergency Spill Response Program (ESRP) into affect. A copy will be placed in the Event Directors office, the starting area and the Pits. Equipment and materials to handle hazardous material spill mitigation and disposal will be available based on the hazardous materials present at the venue and the potential for a spill. The equipment and materials might vary depending on the design of the course and the type of motorsports event to be held. All containment and clean-up procedures will conform to federal, state, and local governmental regulations. Course Restoration Equipment. Course restoration equipment will be available. This equipment might be as simple as brooms, shovels, and leaf/lawn blowers used with absorbent materials, or as elaborate as special vehicles designed to spread and pick up items such as absorbent materials, motorized blowers or jets, street- type vacuums, and mechanized street brushes. The restoration equipment needed will depend on the competition area size and type and the expected event type. Vehicle Recovery Equipment. 1.L.;201')01.a : : d PM 16G 1 Vehicle recovery equipment includes boom-type tow trucks, flat bed tow trucks (rollbacks), or any other specialized equipment appropriate for removing crashed or disabled vehicles from the competition area. The type and amount of equipment will vary depending on the type of vehicles entered in the competition, the design of the particular competition area, and the urgency for resuming full racing competition. Vehicle Marking. Response vehicles used on a competition area where movement of competitive vehides continues after an incident will be conspicuously marked and have appropriate visual warning devices. All on- course emergency, clean-up, or recovery vehicles will be equipped with some type of manually operated, portable visual warning devices to be deployed by personnel working on the competition area. These warning devices can include flags, lights, signs, or paddles or any combination thereof. Parking or Staging Areas. Safe parking areas, staging areas, or both, will be provided for response vehicles. These response vehicles will be staged in proximity to the competition area for easy access but will be protected by barriers or space from potential collision with competition vehicles. SECTION V: INCIDENT ACTION PLAN OPERATIONS The success of incident response operations does not depend only on incident action planning, training and equipping of personnel, and provision of equipment. It is equally important that all personnel understand the nature of the specific event and their roles in the incident response operations. Incident response operations may include nonemergency and emergency activity. 1. Review of Incident Action Plan (IAP). The incident action plan (IAP) will be reviewed with Risk Management, Authority Having Jurisdiction (AHJ) and the BCC Director of Emergency Management to ensure that all requirements for handling on-site incidents can be met with the resources available. Where the plan calls for using off-site resources, it must be verified that those resources have been contacted, are aware of the event, and are available. 2. Review of Operational Readiness. The event/venue official review IAP with Risk Management preparing for and providing emergency services. The event/venue official will adapt this checklist to the specific needs of the event/venue. IAP Event Staffing . Individual crews, including, but not limited to, fire crews, extrication crews, EMS crews, vehicle recovery crews, restoration crews, and marshals, will be provided with the following information to assist them in understanding, preparing for, and executing their role during an emergency: 1 ./20/M1.x. 3:37 PM 16G 1 1. Name of the individual to whom the crew reports and that individual's position in the chain of command 2. Name(s) of individual(s) to call if needs develop such as replacing a crew member or equipment, if problems need to be resolved 3. Names of the other members of the crew and identification of individual crew member assignments 4. Individual crew member assignments at the venue, including where each crew member is stationed and identification of each member's geographic area of responsibility 5. Identification of the appropriate personal protective equipment (PPE) for the crew's assignment 6. Equipment provided for the assignment 7. Means of communicating the crew's status and needs, e.g., the radio channels to be used 8. Time the crew is expected to start its assignment and when the assignment is considered to be complete 9. Identification of the dispatcher or circumstances under which the crew is to respond to render assistance Currency. The Risk Management Division is responsible for maintaining the currency of this Instruction. Reference. 1. Collier County CMA 5902.WORKPLACE SAFETY AND HEALTH POLICY 2. Collier County Personnel Ordinance, Ordinance No. 2001-50: Safety: NFPA Publications. National Fire Protection Association, 1. NFPA 10, Standard for Portable Fire Extinguishers, 2013 edition. 2. NFPA 1561, Standard on Emergency Services Incident Management System, 2008 edition. 3. NFPA 1581, Standard on Fire Department Infection Control Program, 2010 edition. 4. NFPA 1936, Standard on Powered Rescue Tools, 2010 edition. NFPA 1951, Standard on Protective Ensembles for Technical Rescue Incidents, 2013 edition. 5. NFPA 1971, Standard on Protective Ensembles for Structural Firefighting and Proximity Fire Fighting, 2013 edition. 6. NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting, 2011 edition. 7. NFPA 472, Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents, 2013 edition. 8. NFPA 600, Standard on Industrial Fire Brigades, 2010 edition. NFPA 1051, Standard for Wildland Fire Fighter Professional Qualifications, 2012 edition. 9. NFPA 1500, Standard on Fire Department Occupational Safety and Health Program, 2013 edition. 10. NFPA 1561, Standard on Emergency Services Incident Management System, 2008 edition. ANSI Publications. American National Standards Institute, Inc., ANSI/ISEA Z87.1, Occupational and Educational Personal Eye and Face Protection Devices, 2010. ASTM Publications. ASTM International, 1. ASTM D 3578, Standard Specification for Rubber Examination Gloves, 2010. 11/200015 :3:37 PM 16G 1 2. ASTM F 2413, Standard Specification for Performance Requirements for Protective (Safety) Footwear,2011. SFI Publications. SFI Foundation,Inc. 1. SFI Specification 3.2A, Driver Suits, November 29, 2001. 2. SFI Specification 3.3, Driver Accessories, December 31, 2010. SFI Specification 31.1A, Flame Resistant Motorsports Helmet—Open Face, December 1, 2001. 3. SFI Specification 31.2A, Flame Resistant Motorsports Helmet—Closed Face, December 1, 2001. 4. SFI Specification 31.1/2005, Flame Resistant Motorsports Helmets, December 1, 2001. 5. SFI Specification 41.1A, Motorsports Helmets— Open Face, December 1, 2001. 6. SFI Specification 41.2A, Motorsports Helmets—Closed Face, December 1, 2001. 7. SFI Specification 41.1/2005, Motorsports Helmets, December 1, 2001. Snell Publications. Snell Memorial Foundation, Inc., 1. M2000, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles, 2000. 2. M2005, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles, 2005. 3. M2010, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles, 2010. 4. SA2000, Standard for Protective Headgear for Use in Competitive Automotive Sports,2000. 5. SA2005, Standard for Protective Headgear for Use in Competitive Automotive Sports, 2005. 6. SA2010, Standard for Protective Headgear for Use in Competitive Automotive Sports,2010. U.S. Government Publications. U.S. Government 1. Homeland Security Presidential Directive 5 (HSPD-5), 2003. 2. Title 29, Code of Federal Regulations, Part 1910.95, "Occupational noise exposure," 2006. 3. Title 29, Code of Federal Regulations, Part 1910.133, "Eye and face protection," 1996. 4. Title 29, Code of Federal Regulations, Part 1910.1030, "Bloodborne pathogens," 2001. 1:1./20/i/20/2015 PM EXHIBIT C STANDARD SUBLEASE AGREEMENT 1. Parties. This Sublease, dated, for reference purposes only,3t, 2 u 20 i(p is made by and between IC E} 64-eir ;Inc. (herein called "Sublessor") and %A)VI" (,a•st 4-.4 (herein called "Sublessee"). 2. Premises. Sublessor hereby subleases to Sublessee and Sublessee hereby subleases from Sublessor for the term, at the r nt L, and upon all of the conditions set forth herein, that certain real property situated in the County of 1,01k1t,f , State of 1-101/4 • , commonly known as *IVA grAL tc Ze5 o.a% Alev - and described as Said real property, including the land and all improvementsthereon, is hereinafter called the "Premises". 3. Term. 3.1 Term. The term of this Sublease shall be for nnc� , commencing on unless sooner terminated pursuant to any provision hereof. 3.2 Delay in Commencement. Notwithstanding said commencement date, if for any reason Sublessor cannot deliver possession of the Premises to Sublessee on said date. Sublessor shall not be subject to any liability therefore, nor shall such failure affect the validity of this Lease or the obligations of Sublessee hereunder or extend the term hereof, but in such case Sublessee shall not be obligated to pay rent until possession of the Premises is tendered to Sublessee; provided, however, that if Sublessor shall not have delivered possession of the Premises within sixty (60) days from said commencement date, Sublessee may, at Sublessee's option, by notice in writing to Sublessor within ten (10) days thereafter, cancel this Sublease, in which event the parties shall be discharged from all obligations thereunder. If Sublessee occupies the Premises prior to said commencement date, such occupancy shall be subject to all provisions hereof, such occupancy shall not advance the termination date and Sublessee shall pay rent for such period at the initial monthly rates set fqith below. 4. Use. 4.1 Use. The Premises shall be used and occupied only for C(6 e.t/441 and for no other purpose. 16u 1 4.2 Compliance with Law. (a) Sublessor warrants to Sublessee that the Premises, in its existing state, but without regard to the use for which Sublessee will use the Premises, does not violate any applicable building code regulation or ordinance at the time that this Sublease is executed. In the event that it is determined that this warranty has been violated, then it shall be the obligation of the Sublessor, after written notice from Sublessee, to promptly, at Sublessor's sole cost and expense, rectify any such violation. In the event that Sublessee does not give to Sublessor written notice of the violation of this warranty within 1 year from the commencement of the term of this Sublease, it shall be conclusively deemed that such violation did not exist and the correction of the same shall be the obligation of the Sublessee. (b) Except as provided in paragraph 6.2(a). Sublessee shall, at Sublessee's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, Orders, restrictions of record, and requirements in effect during the term or any part of the term hereof regulating the use by Sublessee of the Premises. Sublessee shall not use or permit the use of the Premises in any manner that will tend to create waste or a nuisance or, if there shall be more than one tenant of the building containing the Premises, which shall tend to disturb such other tenants. 4.3 Condition of Premises. Except as provided in paragraph 6.2(a) Sublessee hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the Premises, and accepts this Sublease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto Sublessee acknowledges that neither Sublessor nor Sublessor's agents have made any representation or warranty as to the suitability of the Premises for the conduct of Sublessee's business. 5. Master Lease 5.1 Sublessor is the lessee of the premises by virtue of a lease, hereinafter referred to as the "Master Lease", a copy of which is attached hereto marked Exhibit 1. Dated , 20 wherein Ciu I I c (AAA 44 i y t �1� .-Ly: is the lessor, hereinafter referred to as the "Master Lessor". 5.2 This Subleasd'is and shall be at all ties subject and subordinate to the Master Lease. 5.3 The terms, conditions and respective obligations of Sublessor and Sublessee to each other under this Sublease shall be the terms and conditions of the Master Lease except for those provisions of the Master Lease which are directly contradicted by this Sublease in which event the terms of this Sublease docuent shall control over the Master Lease. Therefore, for the purposes of this Sublease, wherever in the Master Lease the word "Lessor" is used it shall be deemed to mean the Sublessor herein and wherever in the Master Lease the word "Lessee" is used it shall be deemed to mean the Sublessee herein. 5.4 During the term of this Sublease and for all periods subsequent for obligations which have arisen prior to the termination of this Sublease Sublessee does hereby expressly assume and agree to perform and comply with, for the benefit of Sublessor and Master Lessor, each and every obligation of Sublessor under the Master Lease except for the following paragraphs which are excluded therefrom: 5.5 The obligations that Sublessee has assumed under paragraph 7.4 hereof are hereinafter referred to as the "Sublessee's Assumed Obligations". The obligations that Sublessee has not assumed under paragraph 7.4 hereof are hereinafter referred to as the "Sublessor's Remaining Obligations". 5.6 Sublessee shall hold Sublessor free and harmless of and from all liability, judgments, costs, damages, claims or demands, including reasonable attorneys fees, arising out of Sublessee's failure to comply with or perform Sublessee's Assumed Obligations. 5.7 Sublessor agrees to maintain the Master Lease during the entire term of this Sublease, subject, however, to any earlier termination of the Master Lease without the fault of the Sublessor, and to comply with or perform Sublessor's Remaining Obligations and to hold Sublessee free and harmless of and from all liability, judgments, costs, damages, claims or demands arising out of Sublessor's failure to comply with or perform Sublessor's Remaining Oblioations. 5.8 Sublessor represents to Sublessee that the Master Lease is in full force and effect and that no default exists on the part of any party to the Master Lease. 6. Assignment of Sublease and Default. 6.1 Sublessor hereby assigns and transfers to Master Lessor the Sublessor's interest in this Sublease and all rentals and income arising therefrom, subject however to terms of Paragraph 8.2 hereof. 16G 1 6.2 Master Lessor, by executing this document. agrees that until a default shall occur in the performance of Sublessor's Obligations under the Master Lease, that Sublessor may receive, collect and enjoy the rents accruing under this Sublease. However, if Sublessor shall default In the performance of its obligations to Master Lessor then Master Lessor may, at its option, receive and collect, directly from Sublessee, all rent owing and to be owed under this Sublease. Master Lessor shall not, by reason of this assignment of the Sublease nor by reason of the collection of the rents from the Sublessee, be deemed liable to Sublessee for any failure of the Sublessor to perform and comply with Sublessor's Remaining Obligations. 6.3 Sublessor hereby irrevocably authorizes and directs Sublessee, upon receipt of any written notice from the Master Lessor stating that a default exists in the performance of Sublessor's obligations under the Master Lease, to pay to Master Lessor the rents due and to become due under the Sublease. Sublessor agrees that Sublessee shall have the right to rely upon any such statement and request from Master Lessor, and that Sublessee shall pay such rents to Master Lessor without any obligation or right to inquire as to whether such default exists and notwithstandingany notice from or claim from Sublessor to the contrary and Sublessor shall have no right or claim against Sublessee for any such rents so paid by Sublessee. 6.4 No changes or modifications shall be made to this Sublease without the consent of Master Lessor. 7. Consent of Master Lessor. 7.1 In the event that the Master Lease requires that Sublessor obtain the consent of Master Lessor to any subletting by Sublessor then, this Sublease shall not be effective unless, within 10 days of the date hereof, Master Lessor signs this Sublease thereby giving its consent to this Subletting. 7.2 In the event that the obligations of the Sublessor under the Master Lease have been guaranteed by third parties then this Sublease, nor the Master Lessor's consent, shall not be effective unless, within 10 days of the date hereof, said guarantors sign this Sublease thereby giving guarantors consent to this Sublease and the terms thereof. 7.3 In the event that Master Lessor does give such consent then: (a) Such consent will not release Sublessor of its obligations or alter the primary liability of Sublessor to pay the rent and perform and comply with all of the obligations of Sublessor to be performed under the Master Lease. (b) The acceptance of rent by Master Lessor from Sublessee or any one else liable under the Master Lease shall not be deemed a waiver by Master Lessor of any provisions of the Master Lease. (c) The consent to this Sublease shall not constitute a consent to any subsequent subletting or assignment. (d) In the event of any default of Sublessor under the Master Lease, Master Lessor may proceed directly against Sublessor, any guarantors or any one else liable under the Master Lease or this Sublease without first exhausting Master Lessor's remedies against any other person of, entity liable thereon to Master Lessor. (e) Master Lessor may consent to subsequent sublettings and assignments of the Master Lease or this Sublease or any amendments or modifications thereto without notifying Sublessor nor any one else liable under the Master Lease and without obtaining their consent and such action shall not relieve such persons from liability. (f) In the event that Sublessor shall default in its obligations under the Master Lease, then Master Lessor, at its option and without being obligated to do so, may require Sublessee to attorn to Master Lessor in which event Master Lessor shall undertake the obligations of Sublessor under this Sublease from the time of the exercise of said option to termination of this Sublease but Master Lessor shall not be liable for any prepaid rents nor any security deposit paid by Sublessee. nor shall Master Lessor be liable for any other defaults of the Sublessor under the Sublease. 7.4 The signatures of the Master Lessor and any Guarantors of Sublessor at the end of this document shall constitute their consent to the terms of this Sublease. 7.5 Master Lessor acknowledges that, to the best of Master Lessor's knowledge, no default presently exists under the Master Lease of obligations to be performed by Sublessor and that the Master Lease is in full force and effect. 7.6 In the event that Sublessor defaults under its obligations to be performed under the Master Lease by Sublessor, Master Lessor agrees to deliver to Sublessee a copy of any such notice of default. Sublessee shall have the right to cure any default of Sublessor described in any notice of default within ten days after service of 16G 2 such notice of default on Sublessee. If such default is cured by Sublessee then Sublessee shall have the right of reimbursement and offset from and against Sublessor. 8. Additional Provisions. [If there are no additional provisions draw a line from this point to the next printed word after the space left here. If there are additional provisions place the same here.] Executed at: h 1� ( ��� s� _47" Address: Li I y .kJc,, 14(k.(c� FL By: Rilt Etritr r c 3`I I `IL'' "Sublessor" (Corporate Seal) Executed at: 1 4 ,P:, k -4-11( On: )/ 2 01 2, i to By: �1 �" �, __ Address: 914 ke ,, NI4,16il a „,„,,frALe, i�� By: We 5k t045-* i (1� 3`I r'r Z "Sublessee” (Corporate Seal) Executed at: On: By: Address: By: "Master Lessor" (Corporate Seal) Executed at: On: By: Address: By: "Guarantors" (Corporate Seal) 16G 1 RTH Enterprise,Inc. Exhibit D Insurance and Bonding Requirements-Airport Facility Leases ❑ Aviation Tenant ® Non-Aviation Tenant Insurance/Bond Type Required Limits 1. ®Worker's Compensation Statutory Limits of Florida Statutes,Chapter 440 and all Federal Government Statutory Limits and Requirements 2. ®Employer's Liability $ 1,000,000 single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current $ 2,000,000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors;Products and Completed Operations and Contractual Liability 4. ®Indemnification To the maximum extent permitted by Florida law,the Lessee shall indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages,losses and costs,including,but not limited to,reasonable attorneys'fees and paralegals'fees,to the extent caused by the negligence,recklessness,or intentionally wrongful conduct of the Lessee or anyone employed or utilized by the Lessee in the performance of this Agreement. This indemnification obligation shall not be construed to negate,abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph.This section does not pertain to any incident arising from the sole negligence of Collier County. 4. ®Automobile Liability $ 1,000,000 Each Occurrence;Bodily Injury&Property Damage, Owned/Non-owned/Hired;Automobile Included 5. ® Other insurance as ❑Airport Liability Insurance $ Per Occurrence bodily noted: injury and property damage ❑ Hangarkeepers Liability $ Per Occurrence per aircraft including premise liability ❑Aircraft Liability Insurance $ Per Occurrence bodily injury and property damage ®Pollution Liability Insurance $ 1.000,000 Per Occurrence bodily injury and property damage ❑ Property Insurance—Replacement Cost-All Risks of Loss 6. ® Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance provisions. 7. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial General Liability where required 8. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,OR,Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of Insurance must state the name of the Lease and location of the leased property. 9. ® Thirty(30)Days Cancellation Notice required. 10. RLA 1/12/2016 16G 1 Lessee's Insurance Statement We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five(5)days of the a, _ , of this Lease agreement. Name of Firm ^��J f/5 C _ZNC Date 2-22—/6 Lessee Signature 1. / Print Name Kitipin ( 443-6— Insurance Agency Ar-Vlu - Gsti I G,5Lel" y Co. Agent Name 711.1 ( e trill Telephone Number 18'531' 1218 16G 1 Exhibit"E"—Special Provisions 35. Federal Aviation Administration approval. This Lease is subject to the approval of the Federal Aviation Administration ("FAA"). In the event this Lease is not approved by the FAA, the parties shall have a period of twenty (20) days to negotiation and agree upon an amendment to this Lease to address any reasons for FAA disapproval or conditions imposed by FAA. In the event, the parties are unable to finally agree upon an amendment for said purpose in the twenty (20) day period, either party may terminate this Lease by written notice to the other party. 36. Petroleum Storage Tanks. Lessee shall take all actions necessary to ensure that any mobile petroleum storage tanks on the Premises comply with NFPA 30 and NFPA 30A. Mobile petroleum storage tanks shall be removed from the Premises at all times except during race events. 37. Track Condition. Lessee shall maintain the racetrack in a race-insurable, race-ready condition and at the termination of this Lease shall return the racetrack to the Authority in a race- insurable and race-ready condition, 38. Advertising Fee. In keeping with Paragraph 7 of this Lease, annually by May 31St, lessee shall issue to the Authority a statement along with payment in the amount of 50% of all gross advertising revenue received by Lessee in that prior operating year. It is contemplated that Lessee will sell advertising by soliciting and allowing advertisers to display signs on the concrete barrier walls of the raceway opposite the spectator viewing area. The County Manager or designee may require immediate removal of any advertising that is deemed to be inappropriate or be in an unapproved location, it is , therefore, recommended that if there is any question that an advertisement may not be appropriate, that the advertisement be presented to the Airport Manager and approved before placement on the Premises. 39. Schedule of Events. Licensee shall provide Authority with a schedule of events at least thirty(30) days in advance of the event(s). 40. Authority's right to Review Financial Statements: Lessee shall provide upon request and on an annual basis by May 31St for the operating period of the preceding fiscal year, and at no cost to the Authority, Lessee's State Sales and Use Tax Report, as prescribed by the State of Florida Revenue (Form-DR-15).