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Agenda 11/18/2014 Item # 14A311/18/2014 14.A.3. EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, direct staff to negotiate a new lease with RTH Enterprises, Inc., d /b /a Immokalee Regional Raceway (IRR) pursuant to the resolution of all outstanding current lease issues. OBJECTIVE: That the Board of County Commissioners direct staff to negotiate a new License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway Pending the resolution of all lease compliance issues with the current agreement. CONSIDERATIONS: On October 8, 2013 under item 14A1 the Board directed all leases to be thoroughly reviewed. On October 23, 2013, the Growth Management Division (GMD) assumed responsibility for the operational oversight of Immokalee Regional Airport, Marco Island Executive Airport, and the Everglades Airpark. In order to fulfill that responsibility, GMD staff, with the help of multiple county agency partners, conducted a review of each lease and license agreement at each of these facilities including the with RTH Enterprises, Inc., d/b /a Immokalee Regional Raceway (IRR) . In April, 1999, the Authority entered into a License Agreement with IRR, for the temporary use of property within the Immokalee Regional Airport as an "IHRA Sanctioned Drag Racing Strip." In 2002, the Authority and IRR entered into the First Amendment to this License Agreement in order to, among other things, extend the expiration date of the License Agreement to March 31, 2007. Since April 1, 2007, the Authority and Immokalee Regional Raceway through their intent and conduct extended the License Agreement on a month -to -month basis. In 2011, the Authority and IRR entered in to the Second Amendment of this License Agreement to memorialize the continuing month -to -month arrangement and revise fees owed by IRR. The proposed new License Agreement would: 1) Extend the lease boundaries to include the entire closed Runway 4 -22, including the bath house and areas of concession and other revenue generating areas of operations. See exhibit A for existing agreement dimensions and exhibit B for the proposed dimensions. a. Note that the square footage would increase significantly (1,792k square feet vs. 375k square feet) in the proposed agreement. This is to accommodate the actual footprint that the IRR operations (including an associated go kart track) currently occupies and maintains. b. Staff anticipates recommending that the current annual license rate of 530,000 remain constant (subject to FAA approval) despite the increased square footage because: i. The IRR usage of the land is event based. Over the course of a year the IRR uses the land for revenue generating activities for less than 10% Of the days. ii. The facility (including the go kart track) is used by EMS and CCSO for driver training. Packet Page -868- 11/18/2014 14.A.3. iii. The IRR maintains the land within the proposed, expanded footprint, saving the Airport the cost associated with maintaining this land. 2) Add a Go -Cart Track as an approved use, and reposition that track to comply with existing zoning requirements. 3) Update the insurance requirements and risks to include Go -Cart Track operations. It should be noted that the Go -Cart facility has been operational for approximately 7 years without authorization from the Airport Authority or the Board of County Commissioners. Those operations have been suspended pending the execution of a new agreement. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the Count Attorney, raises no legal issues at this time, and requires majority vote for approval. -JAK RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority, directs staff to continuing working with the IRR to resolve all known lease issues and then negotiate a new License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway (pending FAA approval) in accordance with terms outlined in the considerations section. Prepared by: Gene Shue, Operations Director, Growth Management Division Packet Page -869- 11/18/2014 14.A.3. COLLIER COUNTY Board of County Commissioners Item Number: 14.14.A.14.A.3. Item Summary: Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, direct staff to negotiate a new lease with RTH Enterprises, Inc., d /b /a Immokalee Regional Raceway (IRR) pursuant to the resolution of all outstanding current lease issues. Meeting Date: 11/18/2014 Prepared By Name: LynchDiane Title: Supervisor - Operations, Road Maintenance N /3/2014 11:19:48 AM Approved By Name: KearnsAllison Title: Manager Financial & Operational Support, Transportation Administration Date: 1 1 /4/2014 4:05:_53 PM Name: LynchDiane Title: Supervisor - Operations, Road Maintenance Date: 11/7/2014 12:58:11 PM Name: ShueGene Title: Director - Operations Support, Transportation Administration Date: 11/] 0/2014 11:29:33 AM Name: Casa] anguidaN i ck Title: Administrator - Growth Management Div, Business Management & Budget Office Date: 11/] 0/2014 12:00:34 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/10/2014 1:25:10 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Packet Page -870- Date: 1 1/1 0/2014 4:01:35 PM Name: IsacksonMark 11/18/2014 14.A.3. Title: Director -Corp Financial and Mngmt Svs, Office of Management & Budget Date: 11/11/2014 1 1:21:03 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/12/2014 8:47:19 AM Packet Page -871- V LM om L 6® 6M • ,..� O c� 4.) 'LS N O Cd Ll� W r U 4� 4� 4� 4� 4� O 4.� 4� O 4� r� c� LIJ r-4 r—� U 4.) 4� L!J Cd N CCU O 4� Cd rN r O Cd 4� O Cd 44 0 C'3 a U U 4� V Packet Page -873- 11/18/2014 14.A.3. 4� Cd O O 0 U U Cd O U O r, .� . - 4� U � 4� U b4O •$� M O Q3 CO Cd I ............ A ";."AiAt i"iT�t 1�€'� �d. P�,�"�'ha � C �. '�ik 4c' -W �A, T.° "f6� u Al