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Agenda 03/25/2014 Item #16G2 3/25/2014 16.G.2. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, in its capacity as the Collier County Airport Authority, authorize staff to accept a payment plan that was proposed during discussions with Salazar Machine & Steel,Inc. OBJECTIVE: To obtain the Board of County Commissioners approval for staff to accept the payment plan offered by Salazar Machine & Steel, Inc. This plan requests a waiver of interest charges associated with past due rent. CONSIDERATIONS: On February 25. 2014 under item 11B the Board directed staff to work with the tenants of the Airport Authority to achieve compliance with all lease requirements. During staff's review of Airport leases it was noted that Salazar Machine & Steel. Inc. was $51,149.00 (four months total) behind in payments on the two sub-leases that it has with the Immokalee Regional Airport. Based on an analysis of account activity, staff determined that $8.530.21 in late fees and $8,633.28 (2% per month on the past due rent and the late fees) in interest were owed as well. It was also determined that of the total $17,163.49 in late fees and interest charges, only$7,000 had been recorded in the financial records. In mid-February 2014, staff began communications with the tenant in attempt to collect rent arrearages and bring them current on their rent payments as soon as possible. Toward that end, staff has agreed to support and bring to the Board the following payment plan: • By 2/28/14, tenant to pay all four months of delinquent rent totaling $51,149.00 and a portion of the associated four months of late fees, $2,333.33. • By 3/31/14,tenant to pay the remaining late fee balance of$6,810.21. • Upon payment of the remaining late fee balance. staff has agreed to support and bring to the Board a proposal to waive the interest charges associated with this account. As of 2/28/14 the interest balance was $8,633.28. o Staff believes that an interest charge waiver is reasonable in light of the fact that the Airport had not computed and included these charges on the tenant's invoices. Failure to invoice the tenant does not obligate the Airport to waive the interest charges, but is doing so in order to incentivize prompt payment of the significant owed sum. The tenant further agrees to pay all subsequent rent payments on-time in accordance with the respective sub-lease agreements. On February 28, 2014, the tenant did pay all back rent due and owing. Staff will correct the tenant's account to reflect the correct amount of late fees and interest still due. Then, if the Board approves, the Airport will write off the interest charges only (which will continue to accrue in March) if the late fees are paid in full by March 31, 2014. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with Executive Summary. Packet Page -1500- .-N+ «�+.m�mnesnms�a w•: azrtrswcsuias- .» , .x w-+- e.w*.i-...a m <x 4arsa ate»mn xxu!.w YeF'JrYF�+kv,sv�`.n+.�, 3/25/2014 16.G.2. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this item and approved it as to form and legality. Majority support is required for approval. -KN RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority, authorizes staff to the accept Salazar Machine & Steel, Inc payment plan and to further authorize staff to write-off the interest charges once the tenant fulfills their obligations under this plan and authorize the Chairman to execute updated lease &payment plan. Prepared by: Gene Shue, Operations Director, Growth Management Division Packet Page-1501- 3/25/2014 16.G.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.G.16.G.2. Item Summary: Recommendation that the Board of County Commissioners, in its capacity as the Collier County Airport Authority, authorize staff to accept a payment plan that was proposed during discussions with Salazar Machine & Steel, Inc. Meeting Date: 3/25/2014 Prepared By Name:LynchDiane Title: Supervisor-Operations. Road Maintenance 3/4/2014 5:18:21 PM Approved By Name:LynchDiane Title: Supervisor-Operations.Road Maintenance Date: 3/5/2014 9:54:38 AM Name: ShueGene Title:Director-Operations Support,Transportation Administration Date: 3/6/2014 9:03:04 AM Name: LynchDiane Title: Supervisor-Operations, Road Maintenance Date: 3/7/2014 8:47:45 AM Name: KearnsAllison Title:Manager Financial& Operational Support,Transportation Administration Date: 3/7/2014 4:02:02 PM Name:NoellKevin Title:Assistant County Attorney, CAO General Services Date: 3/7/2014 4:23:02 PM Name: MarcellaJeanne Title:Executive Secretary, Transportation Planning Date: 3/11/2014 1:02:22 PM Packet Page -1502- 3/25/2014 16.G.2. Name: IsacksonMark Title:Director-Corp Financial and Mngmt Svs, Office of Management&Budget Date:3/13/2014 11:32:04 AM Name: KlatzkowJeff Title:County Attorney, Date: 3/14/2014 10:17:08 AM Name: OchsLeo Title:County Manager, County Managers Office Date:3/14/2014 4:32:54 PM Packet Page-1503-