Agenda 04/10/2012 Item #14A14/10/2012 Item 14.A.1.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting in its capacity as the Collier
County Airport Authority, approve the attached Sub -Lease Agreement with Three Mayhoods LLC.
OBJECTIVE: To obtain approval of a Sub -Lease Agreement with Three Mayhoods LCC ("Sub -
Lessee") for two (2) acres of land located at the Immokalee Regional Airport.
CONSIDERATIONS: The Authority is responsible for operation and maintenance of the Immokalee
Regional Airport (Airport), which it Sub - Leases from Collier County pursuant to a master Sub -Lease
Agreement dated May 24, 1994.
The Sub - Lessee has requested to utilize a two (2) acre area of land located at the Immokalee Regional
Airport, which equates to 87,120 square feet of leased area ( "Premises "), to maintain a hangar for
anything associated with aircraft maintenance, storage, and operation of aircraft for personal use or
aircraft leased by the Sub - Lessee. The Authority has found this use to be in the public's interest.
The agreement shall terminate on March 31, 2022. The Sub - Lessee shall pay the Authority $0.10 (ten
cents) per square foot per year, plus applicable sales tax, for this parcel of land, as the Federal Aviation
Administration has determined the leased Premises to be aeronautical in nature. The rent for this parcel
shall be $8,712 per year, plus applicable sales tax ($726 per month, plus applicable sales tax).
The County Commission had previously directed that all e-mail correspondence associated with this item
be included in the back -up material. However, due to the volume of these e -mails (600 pages) all a -mails
pertaining to this subject are available to the public in both the County Manager's Office and the Airport
Authority Office.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The rents to be
received are already accounted for in the Airport Authority's currently approved budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and has
been found legally sufficient. A majority vote is required for approval. - -- STW
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County
Airport Authority, approves the attached Sub -Lease Agreement between the Collier County Airport
Authority and Three Mayhoods LLC.
PREPARED BY: Chris Curry, Airport Authority Executive Director
Packet Page -673-
4/10/2012 Item 14.A.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 14.A.1.
Item Summary: Recommendation that the Board of County Commissioners, acting in its
capacity as the Collier County Airport Authority, approve the attached Sub -Lease Agreement
with Three Mayhoods LLC.
Meeting Date: 4/10/2012
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
3/28/2012 11:24:56 AM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
3/28/2012 11:24:57 AM
Approved By
Name: CurryChris
Title: Executive Director - Airport Authority,Airport Authority
Date: 3/29/2012 1:01:57 PM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 3/30/2012 9:15:49 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 3/30/2012 9:51:39 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 3/30/2012 2:32:36 PM
Packet Page -674-
Name: OchsLeo
Title: County Manager
Date: 4/3/2012 12:44:27 PM
Packet Page -675-
4/10/2012 Item 14.,5.1.
4/10/2012 Item 14.A.1.
SUBLEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, meals this 1st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (1uoe;nafter referred to as the "Authority') and Three Mayhoods LLC.,
a corporation, (hereinafter refeved to as " Sub - Lessee'), collectively stated as the "parties.-
WHEREAS, Authority is responsible for operation and matateaanoe of the Immokalee
Regio ell Airport ( "Airport"). which it leases from Collin County ptnbtamt to a Lease Agreemcat
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ("Master Lease"); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
WITNESSETH•
NOW, TFMRF-FOgE, in consideration of Ten Dollars (510.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
conWncd herein, the Parties henry enter into this Sub -Leese on the following terms and
conditions:
1 • CQMMMMS- On the terms and conditions sa forth - in this Sub. Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. The Sub - Leased Premises which is the subject
Of this Sub -Luse is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Irntnolcalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", herchudket referred to as the "Premises.',
3. UM: The initial term of this Sub�.Leaae shall cosnm�ence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4• Sunaxler at Expiration- Upon expiration or won of lease term, Sub - Lassen
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub-Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Intmolcake Regional Airport shall remain the
property of the lramokaiee Regional. Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Luse or any extension thereof, and shall ralmain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an EwhO menial Phase 2 audit. To
the extent that any hazardous substances arc detected on the Sub - Leased Premises and generated
by Sub - Lessce or its empxoyees or agents or guests, Sub.usxe, at Sub -T rise's sok ccmt and
expense, shall remediate such hazardous substances, except if such hazardous substances were
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4/10/2012 Item 14.A.1.
deposited by the Immoimlee Regional Airport or its employees or agents at no fault of the Sub -
Leeasce.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the Authority
that it has examined the We 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub-Lease is for &e Sub-
Lessee to maintain a hangar for anvtb= associated with aircraft mar manse aonuw, And
operation of aircraft for ==DW use or aircraft leased by the Sub -Lmwe which use the Board of
County Commissioners, acting in its capacity ac the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be Wmainated and
the Sub - Lessee shall surrender nder and vacate the Premises io the Authority within thirty (30) clays
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub- 1,essee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additi= to Pregois . The Sub - Lessee may not make
any alterations or additions to the Premises ' without first obtaining the Anduxity's prior written
consent, which consent may be withheld in the Audwdty's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all altamtions and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rcet in the smatmt of $0.10 per
square foot, as the Federal Aviation Adminisoration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The.base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has boon an increase in the cost of living using the official
Consumer Price Index Urban Wage Earn= ( CPI -U) base published by the Bureau u of Labor
Statistics, United States Department of Labor. The Consumer Price index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discos finned), hereinafter
called " CPI". An increase in the monthly base rent, if sny, shall be based upon a comparison of
the most recent CPI published for the currant lease year against lire most recent CPI published
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greater than 12 months preceding the most currant CPL The amount of the additional base rent
Wall be the percentage diffetence between the two preceding CpPs. in no event shall the base
rent, once increased, be decreased, nor shall it be iumvesed more than once in a 12 -month period.
10. Net Sub-L This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, foes and charges concerning the premises. Accordingly, the Sub - Lessee shall promptly
PRY 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.
To the extent authorized by law, the Sub -Lessee will
indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub-Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Prcmism, the Sub - Lessee shall pay all costs, attorneys fees, expenses and liabilities
resulting thei efiem and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legit
defense of such claim, with legal counsel of its choosing.
11. Lignsi and MQagAML The Sub - Lessee shall not in any way encumber the Premises,
and shell Promptly remove any and all liens placed agairet 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 Sub - Lessee and liens fior
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is ,given
Pursuant to the provisions of and in compliance with Section 713.10, Florida Statures.
12. Obliaatin to Maintain iQ.� e...i ^ —o�l-r with Alf T,ywi„t its The
the - Lessee, throughout the tam of this Sub - Lease, at its own cost, acrd without airy expense to
uthm*' shall keep and mainteni the premises in good, sanitary and not order, condition
and repair, and shall abide with all lawful requirements. Such maintenance and repair shall
include, but not be limited to, painting, jamitoria], fixtures and appurtenances (lighting, heating,
plumbing, and air conditioning). Such repair may also include structural repair, if deemed
necessary by the Sub - Lessee. if the Premises are not in such compliance in the reasonable
O
pinion of the Authority, the Sub - Lessee will be so advised in writing. If corrective action is not
begun within thirty (30) days of the receipt of such notice and pmaecused diligently until
con "ve action is completed, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the A
together with a 5% administrative fee. ty,
13. EUiM ilie Sub -IA= a shall be entitled to quiet emjoymem so long as the
Sub -Lessee has not defaulted on any of the tens of this Sub - Lase. Accordingly,
shall have the exclusive right to use the premises the Sub - Lessee
tefm of this Sub - Lease, the Sub - Lessee may appropriate the terns g this Sub - Lease. During the on the signage shall be in compliance with all applicable coda ordinances. Any. such
14. Casualty and %demnefion
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4/10/2012 Item 14.A.1.
a. Casualty. If the Premises am destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or odw casualty,
and the Sub - Lessee must use the insurance proceeds, hereinafter refereed to as "Proceeds," to
rebuild or restore the Premises to substantially its condition prior to such casualty event treeless the
Authority provides the Sub- Lessee with a written determination that rebuilding or restoring the
Promises to such a condition with the Proceeds within a reasonable period of time is impraeacable
or would not be in the best interests of the Authority, in which event, Proceeds shall be shall be
Promptly remitters to the Authority. If the Authority elects not to repair or replace the
urwrovements, then the Sub - Lessee or the Authority may ternrinate this Sub -Lease by providing
notice to the other party within ninety (90) days after the occurrence of such casualty. The
termination will be ef%ctivc an the ninetieth ( 901h) 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. Sub -Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub- Lessee and the Authority, the
Sub -Les"a will Proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to nntcgate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be Gable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Pirmis Mir Authority, its duly authorized agents, cowiactcM
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub- Lessee, to inspect the Premises, verify coarplisum with the terms of this Sub -
Lease, or matte any required repairs not being timely completed by the Sub- Lessee.
16. s Amu to EMMin. Based on the location of Sub- Lessec's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub-Lessee's necessity to cross active taxiways and rumvays which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Prerises ".
17. Terreinstion and -SjMMdcr, Unless otherwise mutually agreed by the Parties, within
one huaidred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
radelivrr Possession of the Premises to Authority is good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its Personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
snail have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub- L&ssee's vacation thereof, or to require Sub.
Lessee to retain said improvements with fixtures on the Premises which improvemelris and
fixturres will bocomc the property of the Authority upon Sub - Lessor's vacation of the Premises.
Revised. March 13, 2012, CAO Ubd.ease AVeememt Three MWh -des. LLC
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18. AMiMMML Sub- Lessee may assign this Sub -Lease upon the written comet of the
Authority, which consent shall not be unreasonably withheld
19. linumace The Sub- Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
M a i,- 7 �i : y..
L Defaults by Sub - 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 Sub- Lessee" to the greatest extent than allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misvptesentation of any Matta related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the premises as set forth above.
V. Any lien is filed against the premises or Sub - Lessee's interest therein or
any Part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of Sling
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
A. Failure of Sub - Leaser to perform or comply with any material covenant or
condition made under this Sub - Lease, which failuro 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 diftrezn cure period is provided), whereby A
terminate this Sub -Lease b 'nhD11�' n°�'� at its option,
notice unless the default is fullymcured within y (3 days notice
period (or such additional time as isg (30) day notice
being reasonably required to con fa
rct such deult), by However, the
occtarem of any of the events set forth above shall constitute a material
breach and default by Sub - Lessor, and this Sub -Lease may be immediately
te<atins ted by Authority except to the extent then prohibited by law.
b. Remedies of Autbority
i. In the event of the oecutreace of any of the foregoing deigults, Autlroriry,
in addition to any other rights and remedies it may have, shall have the
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4/10/2012 Item 14.A.1.
immediate right to m -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 Sub-
lessee, all without service of notice or resort to legal process and without
being damned guilty of trespass, or being liable for any loss or damage
which may be m. asiotred thereby. V Sub - Lessee does not cure the defaults
in the time fiames as set forth above, and Authority has removed and stored
property, Authority shall not be requuvd to store for more than thirty (30)
days. After such time, such property shalt be deemed abandoned and
Authority shall dispose of such property in any manner it so chooses and
shall not be liable to Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any IhU installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts not paid promptly when due shall also accrue compounded
interest of two (20%) 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 Sub - Lessee to Authority.
iii. Authority may sue for direr r, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the per&mUM a and observance of any obligation,
agreement or covenant of Sub-%e under this Sub- Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Autitorc. 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 Sub -
Lessee properly and in meaningful detail spxifying wherein, in Sub - Lessee's judgment or
opinion, Audwity has failed -to perform any such obligation(s).
d. des of Sub -Iespes In partial vonsidera ion for the nominal rent charged
to Sub - Lessee, Sub-Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of AmhocWs breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and its arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear.necessary or desirable to enforce the
performance and observance of any obligation, agreement or eovenaat of
Authority under this Sub - Least.
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ii. Sub - 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 sub - Lessee on demand all
reasonable costs incurred and any atnourds so paid by Sub - 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 Sub -Lease or hereafter existing udder 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- WWver. Every provision hereof imposing an obligation upon Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee anti Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend front time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the I" day of the second month the Sub- Lessee
receives a copy of the Lease Manual or an amended Lease ManW. With respect to any tarts in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Tlue Sub - Lessee shall comply with the Authority's published
Rules and Regulations for this airport, which are on file: at the addles set forth above, as such
regulations may be amended from time to time by the Authority including such reasonable and
uniform Iending fees, ran or charges, as may from time to, time be levied for sirfreld operational
privileges and/or services provided at the Airport, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with arty and all
applicable governmemal statutes, rules, orders and neph dons.
23. The Authority reserves the right to further develop or improve
the landing and other areas of the Airport as it sees 5t, regardless of the convene=, desires or view
of the Tenant, and without interference or hindrance. Notwithstanding the foregoing. nothing herein
Shall be conslYtued to limit or impede Sub - Lessee's rights to object to any such development or
improvemems in any lawful warmer.
24. gib_ The Sub - Lessee shell prevent any use of the Premises which
would interfere with or adversely affect the operation or maintanaace of the Airport, or otherwise
constitute an airport hazard, and will restrict the height of strtictilres, objects of natural growth and
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other obstructions on the Prernises m such height as comply with Federal Aviation Regulations, Part
77.
Mlisaelbeeoas Legal Matters
25. . This Sub-Lem. shall be construed by and controlled under the laws of the State of
Florida. In flte event of a dispute larder this Sub - Lease, the Parties shall first use the County's
then- current Alternative Dispute Resolution Procedure. Following the conclusion of this
pmoe&ue+ either party may file an action in the Circuit Court of Collier County to enforce the
terms of this Sub - Lease, which Court the Parties agree to have the $ole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub - Lease and no other agreement, statement or promise made any party,
or to any employee, office. or agent of any party, which is not contained in this Sub -Lease shall
every binding ar valid. Time o di the essence u the doing, performance and observation of each and
every tem>, covariant and condition of this Sub -Lease by the Patties.
27. In the event state or federal laws are enacted atbx the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Patties, coruplianoe with the tears of
this Sub- Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub- Lease.
28. Except as otherwise provided herein, this Sub-Lease shall only be amended by
mutual written consent of tlx: Parties hereto .or by their successors in interest. Notices hereunder
shall be given to the Patties set forth below and shall be oracle by hand delivery, facsimile,
overnight delivery or by regular mail. If given by �lw mom, the notice shall be deemed to have
given within a required time if deposited in the U.S. Mail
Limit. For the purpose of calculating � postage Pfd, within the time
the time shall be calculated from acts � which ran from the giving of a particular notice
� which, for receipt of the notice. Time shall run only on business
ptaposes of this Sub -Lease shell be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier Coin, Airport Autbority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239)642 -787$
cc: Real Property M
3335 Tatniarm Trail nSuite 141
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
Revised: Mach 13.20M CAO Sub -L=W Avtcmau Thor LLC
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Notice shall be deemad to have been given on the nett successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub- Lessee, shell hold itself out as an employee, servant, representative or agent of
Authority. Neither petty 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 SWLease or too have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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 vents m exists or will exist. Sub-Lesaee 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 Sub -
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.
30. Force MW eure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or cirwmsMace beyond the reasonable control of and without the fanit or
negligence of the party claiming Force Maieure. "Force Majeure" shall include an act of God,
war (declared or undeclared sabotage, riot, insurrection, civil unrest or disdnbance, military or
guerrilla action, economic sanction or embargo, civil strike, work stoppage, slowdown or lock-
out, explosion, fizz, earthquake, abnormal weather condition, hurricane, flood, lightning, wind,
drought, and the binding order of any governmental authority.
31. Huardous lateens. Sub - Lessee will not transport, use, store, maintain, generate,
mmutbacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, lanes and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. The Sub - Lessee for himself, his personal representatives,
sucoessors in interest, and assigns, as part of the oonsideratiott hereof» does hereby covenant and
agree that (1) no person on the girnmds of race, color, or national origin shall be excluded in
Participating in, denied the bawfits of, or be otherwise subjected to disc mninatiorn in the use of the
Sub - leased Premises; (2) that in ft construction of any improvements onn, over or under such land
and the furnishing of services thereon, no person on the gmuods of race, color or national origin shall
be excluded from participating in, denied the benefits of, or otherwise subjected to disctiminatian;
(3) that the Sub - Lessee shall use the Sub-Leased Premises in compliance with all other rrquirtm=b
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 -Effe uwaon of Title vl of the Civil Rights Act of 1964, as said
9
Revised: Much 13, 2012. CAO Sub -Lease Agreemau Three W%Yhqods, LLC
XJ
4/10/2012 Item 14.A.1. _
regulations may be amended. That in the event of breach of any of the above won
vovenaift Authority shall have the right to ternume this Sub - Leaser and to re-mar and as if the
Sub -Lease had new been made or issued. The provision shall not be eieCtive until the perocodtaes
of Tide 49, Code of Federal Regulations, Part 21 erne folknved and completed, including exercise or
expiration of appeal rights.
33. RadOIL 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 infornimm regarding radon and radon testing may be
obtained from your County Public Health Department,
34. Dominant AM==- This Sub -Lease Agreement is subordnot 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 Cotarty. Druing the time of war or national
emergency, the Authority shall have the right to lease the landing area or any pmt thereof to the
United States Government for military or naval or similar use, and, if such lease is executed, the
provisions of this Lease Agreement; insofar as they are inconsistent with the provisions of the lease to
the Covet, shalt be suspended. Any executed agreesnent shall be subordinate to the provisions
Of any existing or future Agreement berwoen Authoft and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedeart to the expenditure of Federal funds for the development of the Airport
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after are execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub-Lessee and Authority have hereto executed this Sub.
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
Witness ( signatuue)
P rtn& _ ohl
(print name)
Witness (signature)
"�sca .S 0 /9i+:.a .4e r
Revised: March 13.2012. CAO
By: owzn W 3 -Z3 -2olZ
Leroy ayhood
1 63/A3 0201�-
-Threes tY�owhoods LL(- -
10
Sub -L Asrwmem Thm Mayhwd4 LLC
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney 3 91
�1i
Revised: Much 13, 2012, CAO
4/1012012 Item 14.A.1.
BOARD OF COUNTY CONAMSIONERS
COLLIER COUNTY, FLORIDA IN. ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By:
FRED W. COYLE, Chaimwn
11
Sub -Leaw Agm=&nt Throe MRtoods, LLC
9'
4/10/2012 Item 14.A.1.
CL..:
mss%
db
Vol,
ol
of
CD related to the
Board of County Commissioners Meeting
April 10, 2012
Agenda Item 14a1
Recommendation that the Board of County Commissioners, acting in its capacity as the
Collier County Airport Authority, approve the attached Sub -Lease Agreement with Three
Mayhoods LLC.
The County Commission had previously directed that all email correspondence
associated with this item (14a1 on April 10, 2012) be included in the back -up material.
However, due to the volume of these e- mails, all a -mails pertaining to this subject are
available to the public in both the County Manager's Office and the Airport Authority
Office.
Martha S. Vergara 5
From:
FlaggDiane
Sent:
Wednesday, March 02,201111:34 AM
To:
SnowKitchell
Cc:
CurryChris
Subject:
Immokalee Airport lease
Kitchell,
Mr. Curry is developing a lease for a Jet Engine Facility at the Immokalee Airport and would like to review the Noise
Ordinance specifications. At your earliest convenience, please send him the Noise Ordinance and meet to review and
answer any questions.
Thank you,
ve.uw 6, 96w, Dewetoa
614 -6 2)0414-eat
ft"eoue ,t Va -&ox/ ;DBa" & ReguCatiou
2800 ?l, gawe44e Drove
�AO�, 7Z 34104
go re (239) 252 -2440
dtc�&Ld�..ret
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
Martha S. Vergara
From: CurryChris
Sent: Monday, March 07, 20111:32 PM
To: FlaggDiane; SnowKitchell
Subject: RE: Immokalee Airport lease
Diane, the airport is moving quickly toward a lease agreement with Turbo Services at the Immokalee Airport. It is our
desire to have the item on the Board of County Commissioners agenda for March 22, 2011. 1 have not heard from Code
Enforcement as I would like to speak with them to determine what additional language must be included. Your help is
greatly appreciated.
From: FlaggDiane
Sent: Wednesday, March 02, 2011 11:34 AM
To: SnowKitchell
Cc: CurryChris
Subject: Immokalee Airport lease
Kitchell,
Mr. Curry is developing a lease for a Jet Engine Facility at the Immokalee Airport and would like to review the Noise
Ordinance specifications. At your earliest convenience, please send him the Noise Ordinance and meet to review and
answer any questions.
Thank you,
Diane 6 Dvieetoa
Bode 5.0w~4 DeA4V1xe rt
OM'd W4U49 ar-a Z'416 o'c/ ��xauuxty Bi Z'eyulatiooc
2A00 ?2 qoaaeo" Da W
ZuA&e, 7Z 34104
A"10" 1239) 252 -2440
diaorey.(C,�eofQieagoa. Ket
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
Martha S. Vergara ?�: .3587217
From:
FlaggDiane
Sent:
Monday, March 07, 20111:43 PM
To:
CurryChris
Cc:
SnowKitchell
Subject:
RE: Immokalee Airport lease
Mr. Curry,
Mr. Snow will provide the information within the next 30 minutes
Da4'X 6, 574", Z)&Cerm
code $44eme d V e#a%6ue rt
Giho ftu yewx V4W- l ;DFaK.rurg & ,Regufatlo c
2800 W. 'Wmae44e Vzew
ZW", '7Z 34104
#"x (239) 252 -2440
diaia� !a �(C�cof�ien�o�. r�et
From: CurryChris
Sent: Monday, March 07, 2011 1:32 PM
To: FlaggDiane; SnowKitchell
Subject: RE: Immokalee Airport lease
Diane, the airport is moving quickly toward a lease agreement with Turbo Services at the Immokalee Airport. It is our
desire to have the item on the Board of County Commissioners agenda for March 22, 2011. 1 have not heard from Code
Enforcement as I would like to speak with them to determine what additional language must be included. Your help is
greatly appreciated.
From: FlaggDiane
Sent: Wednesday, March 02, 2011 11:34 AM
To: SnowKitchell
Cc: CurryChris
Subject: Immokalee Airport lease
Kitchell,
Mr. Curry is developing a lease for a Jet Engine Facility at the Immokalee Airport and would like to review the Noise
Ordinance specifications. At your earliest convenience, please send him the Noise Ordinance and meet to review and
answer any questions.
Thank you,
v4vx 6, 5741", vevam
e,,,* gapueowat 2)eA4z&xae
Oo4oa Mm4f~-O V4";m1;V&--Wf & Requlatla e
9800Z qowedw Vv�,e
zww, 57Z 34104
Al,w (231) 252-2440
Under Florida I aw, 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,
Martha S. Ver ara gt5502,10
From: CurryChris
Sent: Monday, March 07, 20111:43 PM
To: FlaggDiane
Subject: RE: Immokalee Airport lease
Thanks
From: FlaggDiane
Sent: Monday, March 07, 2011 1:43 PM
To: CurryChris
Cc: SnowKitchell
Subject: RE: Immokalee Airport lease
Mr. Curry,
Mr. Snow will provide the information within the next 30 minutes.
V4 W V. 9&", V6Wd 3
bade 59OW -ext VO4V'Wme
�iroa N4- 49&-"t Dial Ml ;D&OWucg & RaldW,
2800 It. 'Wm4e44e Duce
W4#&4, 9Z 34104
#4w (239) 252 -2440
444ore mg cpygi�' ocet
From: CurryChris
Sent: Monday, March 07, 2011 1:32 PM
To: FlaggDiane; SnowKitchell
Subject: RE: Immokalee Airport lease
Diane, the airport is moving quickly toward a lease agreement with Turbo Services at the Immokalee Airport. It is our
desire to have the item on the Board of County Commissioners agenda for March 22, 2011. 1 have not heard from Code
Enforcement as I would like to speak with them to determine what additional language must be included. Your help is
greatly appreciated.
From: FlaggDiane
Sent: Wednesday, March 02, 2011 11:34 AM
To: SnowKitchell
Cc: CurryChris
Subject: Immokalee Airport lease
Kitchell,
Mr. Curry is developing a lease for a Jet Engine Facility at the Immokalee Airport and would like to review the Noise
Ordinance specifications. At your earliest convenience, please send him the Noise Ordinance and meet to review and
answer any questions.
Thank you,
Vkoz 6. V0=4n
code -54"C~4 VO4%6"4
ovmoa %"~4 Di WaNl ;D&" & Re#at.�ak
2800 It. �Wawe44e Vvve
ZWW, �V 34104
A4~ (23 125 2 - 240
diii _Q_ effCen yov. -a
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,
Martha S. Vergara
From:
MuellerDebi
Sent:
Friday, March 18, 20111:40 PM
To:
CurryChris
Subject:
Shepard 03-11.clocx
Attachments:
Shepard 03-11.clocx
Here's a draft of my letter to Greg. Please take a look at it and let me know if you have any questions, comments, etc
Thanks,
neK mveUey,
Under Florida Law, e-mail addresses ara public records. If you do not want your e-niail address released in response to a public records request, do not send
electronic inail to this entity Instead contact this office by telephone or in writing.
March 18, 2011
Mr. Greg Shepard
2243 Peck St.
Ft. Myers, FL 33901
Dear Greg:
During a phone conversation earlier this month you indicated that you would be mailing a check
to cover the balance, however, as of today I have not received it. According to my records the
balance now due is $1,264.71. Please forward your payment immediately.
As a reminder, invoices are mailed only as a courtesy; rent must be received by the Airport
Authority no later than the first of each month without demand. Failure to pay rent on time is
grounds for summary termination of your occupancy at the airport.
Respectfully yours,
Debi Mueller
Office Manager
cc: Chris Curry, Executive Director
Thomas Vergo, Airport Manager
F: \Mayhood 4- 02.doc
Martha S. Ver ara
Full Name:
Rob Stoneburner
Last Name:
Stoneburner
First Name:
Rob
Job Title:
Deputy Tax Collector
Company:
Collier County Tax Collector
Business Address:
3291 East Tamiami Trail
Naples, FL 34112 -5758
Business: (239) 252 -8051
E -mail: rstoneburner @colliertax.com
E -mail Display As: Rob Stoneburner (rstoneburner @colliertax.com)
Web Page: http: / /www.colliertax.com
Martha S. Vergara
From: VergoThomas
Sent: Wednesday, March 30,201111:10 AM
To: CurryChris
Cc: MuellerDebi
Subject: FW: Information request re: Corky Mayhood lease
Attachments: Rob Stoneburner.vcf
Chris,
According to Corky Mayhood's lease file, his lease expired as scheduled near the middle of March 2011. We spoke
briefly about this about 3 weeks ago and I stated that it was coming up for renewal. As you probably know, we have not
yet started a new land lease for him, and we have not received any written correspondence from him requesting to
continue the lease of the property. Attempted contacts by both me and Debi Mueller about renewal of the lease have
not been returned.
The reason for the email is that I received a call at about 5:00pm yesterday from the Tax Collector's Office about Corky
Mayhood's building on the Immokalee Regional Airport. I requested that the representative put the request in writing as
it was hard to understand the entire situation and be able to forward it to you and Debi. The Tax Collector is claiming
that Mr. Mayhood owes back taxes on the building and is requesting information.
This situation has been occurring all around the state recently and has attracted a lot of attention. Since this
representative is asking for information via a public information request, it needs to go through the Airport Authority
(Debbie B) and yourself.
Wanted to make you aware of this situation and make sure that we handle this request in the proper manner,
Thomas
From: Rob Stoneburner [ ma i Ito: rstonebu rner(acol I iertax.coml
Sent: Wednesday, March 30, 2011 10:55 AM
To: VergoThomas
Subject: Information request re: Corky Mayhood lease
Thomas,
Per our telephone conversation, I respectfully request you forward a copy of the lease(s) covering the years 2005, 2006,
2007, 2008, 2009 and 2010 with respect to Corky Mayhood at the Immokalee Airport.
A little background for my request is as follows:
Mr. Mayhood has not paid tax on his leasehold improvements since 2005. 1 am trying to determine what the Tax
Collector's alternatives are for recourse. Florida Statutes differ on taxation /exemptions, and therefore remedies relating
to delinquency, based on ownership of the leasehold improvements. I believe that the lease will address this question.
Thank you in advance for your attention to this matter. Please contact me with any questions. I have attached my v-
card for your convenience.
Kindest Regards,
Rob
Rob St-oneburner
Deputy Tax Collector
Collier County Tax Collector
3291 East Tamiami Trail
Naples, FL 34112-5753
rstoneburneritkolliertax.rom
(239) 252-8051',Votk
http:/j-,vA,w, collier tax, com
"Service is our only product"
Under Florida Law. e-mail addresses are public records. If you do not want your email-address released in response to a public records request, do not send
electronic mailto this entity. Instead, contact this office by phone or in writing
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,
Martha S. Ver ara 221
From: Brueggemanpebra
Sent: Wednesday, December 14, 2011 1:31 PM
To: CurryChris
Subject: Outstanding Passarella Invoice
Attachments: Policy Update (2 -09) Best Value Competition.pdf
Chris,
Lyn suggested that we might be able to process the Passarella invoice for work performed in April 2011 in the amount of
$4,020 under IV.B.2 of the attached Purchasing Policy, and to let her know if we need anything from Purchasing.
- - -- I have left a message with both Corky & Suzie Mayhood. Let me know if there is a specific date /time that will not
Work for you between now and the end of the year.
`vefifscc 13=ggeatatz,
( "pewtioto 'C.aau ttato r xeawve Qf i6tatat
C'otae% eountrt tlitpant auMo iOttt
239 - 642 -7578 Ext. 34
Under I` lorida Law e- trial( addresses are public records. if you do not want your e -mail address released in response to a pubbe records request, do not send
electronic mail to this entity. Instead, contact this office by felephone of in wnt.inq.
PURCHASING POLICY OF COLLIER COUNTY
ESTABLISHMENT OF PURCHASING POLICY
Ordinance No. 87 -25 provides for the adoption of a Purchasing Policy. Collier County
Resolution No. 97 -435 establishes the following Purchasing Policy.
PURCHASING DEPARTMENT RESPONSIBILITIES
A. The Purchasing Department shall be responsible for:
1. Seeking Maximum Value: Act to procure for the County the highest quality
commodities, and contractual services at least expense to the County.
2. Encouraging competition: Endeavor to obtain as full and open competition as
possible on all purchases and sales.
3. Procedures: Establish and amend, when necessary, operational procedures
for the implementation of the Purchasing Policy provided by ordinance. Said
procedures shall become effective only when approved in writing by the
County Manager. Copies of the procedures shall be maintained on file in the
office of the Purchasing Department.
4. Purchasing Analysis: Keep informed of current developments in the field of
purchasing, prices, market conditions and new products, and secure for the
County the benefits of research conducted in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations
having national recognition, and by private business and organizations.
5. Purchasing Manual: Prescribe and maintain a standard Purchasing Manual
for all using agencies. The content of said manual will be governed by this
Policy.
6. Forms: Prescribe and maintain such forms as shall be found reasonably
necessary to the operation of this Policy.
7. Vendor Certification: Document that vendors doing business with the County
have acknowledged their understanding and acceptance of the terms and
conditions of the County's Purchasing Policy and have agreed to abide by
those terms.
8. Bulk Purchases: Exploit the possibilities of buying "in bulk" so as to take full
advantage of discount.
9. Vendors' Catalog File: Prepare, adopt and maintain a vendor's catalog file.
Said catalog shall be organized according to materials and /or services and
shall contain descriptions of vendors' commodities, prices and discount.
10. Tax Exemptions: Act so as to procure for the County tax exemptions to which
it is entitled.
11. Cooperation: Cooperate with using agencies so as to secure for the County
the maximum efficiency in budgeting and accounting.
12. Suspension and Debarment of Vendors: To oversee and facilitate the
suspension and /or debarment of vendors as set forth under Section XXIX of
this policy.
13. Inquiry and Control: Have full authority to question the quality, quantity, and
kinds of items requisitioned in order that the best interests of the County are
served. The Purchasing Director shall have final approval authority for all
purchases at or below the formal competitive threshold. To ensure the timely,
proper and orderly acquisition of services to the various using agencies, all
authority granted to the Purchasing Director in this policy may be formally
delegated by the Purchasing Director in whole or in part to appropriate staff
members within the County Manager's agency.
III. PURCHASES NOT EXCEEDING $3,000
Purchases that do not exceed $3,000 may be approved by the Purchasing Director
without informal or formal competition by means of a purchase order, purchasing card or
formal agreement (or any combination therein) as defined under this policy or deemed
appropriate by the Purchasing Director.
IV. INFORMAL COMPETITION (PURCHASES EXCEEDING $3,000 BUT NOT GREATER
THAN $50,000)
A. All purchases exceeding $3,000 but not more than $50,000 shall be awarded by
the Purchasing Director to the qualified and responsive vendor submitting the
lowest or best overall quote which meets all specifications, unless the requirement
for competition is waived by the Purchasing Director in accordance with Section
4.B. All such purchases may be solicited and awarded without formal public
announcement and without formal competition.
1. Minimum Number Quotes: Open market purchases or sales in excess of
$3,000 but less than or equal to the formal competitive threshold shall be
based on a good faith effort by the Purchasing Department or the using agency
to obtain at least three (3) competitive quotes (including all "no quote"
responses). Award shall be made to the lowest, qualified and responsive quote
in accordance with the standards set forth in this Policy.
Solicitation of Quotes: The Director may solicit quotes orally, written, or
electronically for open market pricing or sale, using available bidders' and
supplier lists. The Director shall determine in which instances quotations shall
be solicited in writing. Further the Director shall determine which agency (e.g.;
Purchasing or the using agency) shall obtain the quotations. All quotes in
excess of ten thousand dollars $10,000 shall be tendered or confirmed in
writing or electronically submitted by the vendor prior to purchase.
3. Public Record: The Director shall keep a record of all open market quotes
submitted and such records shall be open to public inspection after award has
been made.
B. The requirements for requesting quotes from three (3) or more sources are waived
and do not require Board action for:
1. Purchase of library books, education and /or Personnel tests, similar audio
visual materials, periodicals, printed library cards, etc.
2. Professional services; and, in instances when authorized by the Purchasing
Director where commodities or services are purchased directly from the owner
of a copyright or patent, a governmental agency, a recognized educational
institution, a not - for - profit entity or when there are no other identifiable sources
available.
3. Purchases that the Director has determined to be legitimate single source
purchases.
4. Valid public emergencies or other instances deemed by the Director to be in
the best interests of the County.
5. Purchase of services from experts or consultants by or through the Office of
the County Attorney for purposes of preparing for or defending against
imminent or pending civil litigation or administrative proceedings.
C. All purchases greater than $1,000 but less than or equal to $3,000 will generally be
processed using a regular purchase order. However, such purchases may be
processed using a purchasing card in accordance with Section XXIV of this policy.
V. FORMAL COMPETITIVE THRESHOLD (Purchases in excess of $50.000)
A. It is the intent of the Board of County Commissioners to establish an amount of fifty
thousand dollars ($50,000) as the County's formal competitive threshold for
purchases. The established limit shall be applied to all methods of purchase by
agencies under the purview of the Board of County Commissioners, including but
not limited to competitive sealed bids, competitive proposals and competitive
selection and negotiation. The requirement for formal competition may be waived
by the Board of County Commissioners where permitted by law, under the
following circumstances:
1. Purchase of library books, education and /or personnel tests, similar audio
visual materials, periodicals, printed library cards, etc.
2. Single source purchases (pursuant to subsection C).
3. Valid public emergencies (pursuant to Section XXI).
4. Where it is determined to be in the best interests of the County to do so.
B. All purchases subject to formal competition shall be awarded by the Board of
County Commissioners unless otherwise delegated by the Board via formal public
action.
C. Exemption For Single Source Commodities: Purchases of commodities and
services from a single source may be exempted from formal competition upon
certification by the Purchasing Director of both of the following conditions:
1. The item(s) is the only one available that can properly perform the intended
function(s);
2. The recommended vendor /contractor is the only one ready, willing and able to
meet the County's requirements.
All Single Source purchases in excess of the formal competitive threshold shall be
exempted from formal competition by the Board. Recurring single source
purchases shall not require subsequent Board approval (in the same or in any
subsequent fiscal year) provided that there are sufficient budget appropriations to
make each purchase. Purchases less than or equal to the formal competitive
threshold may be exempted from competition by the Purchasing Director, as
permitted by law
D. Use of Past Performance Data: In order to promote the qualitative delivery of
commodities and services, County departments shall record and consider the past
performance of vendors in the award of contracts exceeding the formal competitive
threshold. This objective shall be accomplished as follows:
1. The Purchasing Department shall be responsible for each of the following:
a. Developing, implementing and maintaining appropriate administrative
procedures, instructions and technologies necessary to collect and access
vendor performance data.
b. Ensuring that relevant past performance data is properly gathered and
considered prior to award of subsequent contracts.
2. Using agencies shall be responsible for each of the following:
a. Conducting periodic performance evaluations of vendors under contract
with the County pursuant to the procedures established pursuant to
subsection V.D.1a.
b. Considering the past performance of vendors during the evaluation of
formal bids and proposals for subsequent contract awards as set forth in
the administrative procedures referenced under subsection V.D.1a.
VI. COMPETITIVE BID PROCESS
Any purchase of commodities or services costing in excess of the formal competitive
threshold shall be accomplished by competitive sealed bid, by competitive selection and
negotiation (per section VII) or by competitive proposals (per section VIII). Award of Bid
Contract shall be made by the Board to the lowest, qualified and responsive bidder
except where otherwise provided for in this policy or unless an exception is granted by
the Board. Bid limits for requirements utilizing federal or state funds will be those
required by said agency granting the funds or the County's requirements, whichever
takes precedence.
A. Notice Inviting Bids:
1. Announcement: Notice inviting bids shall be publicly posted by the Purchasing
Department in a consistent public location at least ten (10) days preceding the
last day established for the receipt of bid proposals. Bids may be solicited
and /or received in one or more steps as permitted by law and deemed
appropriate by the Purchasing Director.
2. Scope of Notice: The public notice required herein shall include a general
description of the commodities /services to be purchased or sold, shall state
where bid instructions and specifications may be secured and the time and
place for opening bids.
3. Bidders' List: The Director shall also solicit sealed bids from qualified
prospective vendors /contractors who have registered their names on the
Collier County Purchasing Department vendor database, which will
electronically send them a notice of the proposed purchase or sale. Notices
sent to the vendors /contractors on the Collier County Purchasing Department
vendor database shall be limited to commodities or services that are similar in
character and ordinarily handled by the trade group to which the notices are
sent. Vendors /contractors are responsible for maintaining their profiles in the
database to ensure proper notifications are received. Vendors /contractors may
be removed from the database by the Director for continual non - response to
formal solicitations and violations to the Purchasing Policy. The Director shall
have the discretion to continue to issue formal solicitations and accept formal
bids, proposals and other tenders using paper where appropriate.
4. Bid Deposits: When deemed necessary by the Director, bid deposits shall be
prescribed in the public notices inviting bids. Said deposits shall be in the
amount equal to five percent of the bid submitted. The Director shall have the
authority to return the deposits of all bidders prior to award of bid contract by
the Board of County Commissioners. A successful bidder shall forfeit any
deposit required by the Director upon failure on the vendor's part to enter into a
contract within ten (10) working days after written notice of award.
5. Bid Addenda: An addendum to a specification shall be defined as an addition
or change in the already prepared specifications for which an invitation has
been issued for formal quotations or an announcement has been posted for a
formal sealed bid. Any addendum to a request for formal sealed bids shall be
approved by the Department Director or designee and the Purchasing Director.
The addendum shall clearly point out any addition or change to the invitation
for bids. The Purchasing Department shall be responsible for insuring that
addenda are available on the e- procurement website and that all prospective
bidders who have downloaded specifications are notified of the addendum prior
to opening of bids.
B. Procedure for Bids:
1. Sealed Bids: Sealed bids shall be submitted manually or electronically to the
Director and if manual shall be clearly identified as bids on the outside of the
sealed envelope.
2. Opening: Bids shall be opened publicly at the time and place stated in the
public notices and shall be witnessed and certified by the Purchasing
Department.
3. Tabulation: A tabulation of all bids received shall be made either electronically
or manually by the Purchasing Department and shall be available for public
inspection.
C. Tie Bids: Where there are low tie bids, the award process shall first be subject to
Section 287.087, F.S. In the event that all of the tied bidders comply with Section
287.087, F.S., the Purchasing Department shall determine if any of the bidders
would be considered a local business as defined under Section XI of this policy. If
one (and only one) of the bidders is determined to be a local business, then award
of contract shall be made to that bidder. In the event that two or more local bidders
are tied thereafter, award of contract shall be made in accordance with Section
X1.2.(a) of this policy.
D. Reiection Of Bids And Negotiation
1. The Board of County Commissioners shall have the authority to reject any and
all bids.
2. Subsequent to applying the procedures set forth under Section XI (2)(a) (where
applicable), if the lowest, qualified responsive bid exceeds the budgeted
amount and if the purchase is not funded in whole or in part with interagency
grant dollars, the Purchasing Director may negotiate changes with the apparent
lowest qualified and responsive bidder that will bring prices into budgeted limits
subject to the final approval and acceptance of the Board. If the budgeted
amount includes grant funds, the Purchasing Director shall be authorized to
conduct such negotiations provided said actions are not prohibited by law or
the grant conditions.
3. If no bid is received, the Board of County Commissioners may authorize the
Purchasing Director to purchase by negotiation under conditions most
favorable to the public interest and when said purchase will result in the lowest
ultimate cost of the commodities or services obtained.
E. Waiver Of Irregularities: The Board of County Commissioners shall have the
authority to waive any and all irregularities in any and all formal bids.
Award Of Bid Contract: The Chairman, when authorized by majority vote of the
Board or as otherwise provided for in this policy, shall execute formal contracts
having a binding effect upon the County. Formal, bilateral contracts shall not be
required where a purchase order is sufficient. A formal contract shall be awarded
by the Board of County Commissioners to the lowest qualified and responsive
bidder. In addition to the price shall be considered the following:
1. The ability, capacity and skill of the bidder to perform the contract.
2. The ability of the bidder to perform the contract within the time required or the
least time, if appropriate, without delay or interference.
3. The experience and efficiency of the bidder.
4. The quality and performance of previous contracts awarded to the bidder.
5. The previous and existing compliance by the bidder with laws and ordinances
relating to the contract.
6. The quality, availability and adaptability of the commodities or contractual
services to the particular use required.
7. The ability of the bidder to provide future maintenance and service (where
applicable).
All recommendations for award for bid contract will be reviewed and approved by
the Purchasing Director prior to presentation to the Board of County
Commissioners.
Bidders competing for a prospective bid award (and their agents /representatives)
will not be permitted to publicly or privately address the Board regarding a
prospective purchase prior to the time of award unless requested to do so by the
Purchasing Director or by a majority vote of the Board.
VII. PROCUREMENT OF PROFESSIONAL SERVICES
A. Because differences in price may only be a minor concern compared to qualitative
considerations, professional services may be exempted by the Purchasing Director
from the competitive bidding process. Instead, professional services will be
typically acquired through one of the following methods:
1. Competitive Selection and Negotiation.
2. Competitive Proposals (pursuant to Section VIII).
B. A professional service shall be defined as assistance obtained in support of County
operations from an independent contractor in one or more of the following
professional fields:
1. Appraisal Services - real and personal property appraisers.
2. Architecture, professional engineering, landscape architecture, or registered
land surveying services (as per Section 287.055, F.S.).
3. Audit and Accounting Services - auditors and accountants (excepting the
selection of the annual auditor which shall be conducted as per Section 11.45,
F.S.).
4. Consultants - planning, management, technological or scientific advisors.
5. Financial Services - bond counsel, rating and underwriting, financial advisor,
and investment services.
6. Legal Services - attorneys and legal professionals.
7. Medical Services - medicine, psychiatry, dental, hospital, and other health
professionals.
C. Requests exclusively for services defined under VI1.B.2 will be procured in a
manner consistent with Section 287.055, F.S., known as "The Consultant's
Competitive Negotiation Act" as required by said statute. Projects may include, but
are not strictly limited to one or more of the following:
1. Fixed assignment contracts: A grouping of minor professional service
(including construction inspection services) assignments.
2. Fixed term contracts: Countywide agreements for various and miscellaneous
minor professional services (including construction inspection services) on an
as needed basis.
3. General Professional Services: Includes administration, support and
management of engineering, architectural, surveying and planning activities.
Prior to issuing a work order under a contract identified under Section VII.C.1 -3, the
Director shall have the discretion to solicit project or task specific proposals from
one firm or from multiple firms under a fixed term contract. In such instances, each
solicitation shall be issued on a "best value" basis where qualifications and price
are considered. Each solicitation shall include at minimum a description of work to
be performed and the criteria to be used to evaluate each proposal. For all "best
value" based solicitations, price shall not exceed 50 percent of the total evaluation
criteria.
The Director shall be authorized to approve all work orders where the maximum
initial dollar amount does not exceed two hundred thousand dollars ($200,000) and
where the maximum initial contract amount does not exceed seven hundred fifty
thousand dollars ($750,000). Any work order and /or contract that exceeds that
amount subsequent to award and prior to completion of the work shall be subject to
the provisions of Section XV.0 of this resolution. Projects shall not be sub - divided
to circumvent the dollar thresholds established herein.
All fixed term agreements issued under this section shall be eligible for extension
or renewal in accordance with the provisions of Sections XV.D and E respectively.
D. For all service procurements in excess of the formal competitive threshold under
the Competitive Selection and Negotiation method, authority to announce and
distribute Requests for Proposals or Letters of Interest and Qualifications and to
appoint and empower a selection committee shall be pursuant to Section VIII.B.
hereof.
E. Final selection of the professional service provider (award of contract) shall be
made by the Board of County Commissioners.
F. Purchases for all professional services estimated to be equal to or less than the
formal competitive threshold may be approved by the Purchasing Director, as
permitted by law.
G. Requests for outside legal services will be referred to the County Manager and the
County Attorney for review and comment as to whether said services are
necessary and /or appropriate. Requests for outside legal services may be
exempted from formal competition by the Board of County Commissioners at the
request of the County Manager or County Attorney.
H. The acquisition of services from experts or consultants for purposes of preparing
for or defending against imminent or pending litigation or administrative
proceedings shall be exempt from all competitive requirements of this policy. Any
such acquisitions that do not exceed $50,000 may be approved by the County
Attorney and the Purchasing Department without further action. Acquisitions that
exceed $50,000 may be authorized by the County Attorney and the Purchasing
Department, but will be reported at a regular meeting of the Board for ratification.
VIII. COMPETITIVE PROPOSALS
A. The Competitive Proposals process is a method of contract selection that may be
utilized by the Purchasing Director under circumstances where one or more of the
following conditions exist:
1. Where qualitative considerations are of equal or greater concern than pricing
considerations.
2. Where the conditions of the purchase do not lend themselves to the formal
sealed bid process or the award of a firm, fixed fee contract.
3. Where the County is incapable of specifically defining the scope of work for
which the commodity(s) or service(s) is required and where the qualified offer
is asked to propose a commodity(s) or service(s) to meet the needs of the
County.
4. Where the County desires to enter into a single contract for the design and
construction of a public construction project(s).
B. For purchases in excess of the formal competitive threshold and where appropriate
or required by law, the competitive proposals process will be utilized. The process
will be conducted in a manner similar to the sealed bid process as set forth under
Section VI except where otherwise stated in this section. The competitive
proposals process shall proceed as follows:
1. A Request for Proposals (RFP) will be prepared and distributed in a manner
consistent with the definition of said term found in Section 2 of Collier County
Ordinance No. 87 -25. Notice of said request(s) shall be publicly posted by the
Purchasing Department at least 21 calendar days preceding the last day
established for the receipt of proposals.
2. Each Request for Proposals shall identify the appropriate evaluation
procedures and criteria to be applied to the selection of the best proposal
among the respondents. Each RFP pertaining to the award of a design /build
contract(s) shall be subject to the requirements of Section 287.055 F.S.
3. Prior to the announcement and distribution of the RFP, a selection committee
shall be appointed by the County Manager to evaluate the proposals received.
For all purchases made under the Competitive Proposals method, the County
Manager may empower the selection committee to designate and rank the
proposals prior to the commencement of negotiations and to negotiate a
tentative agreement, subject to award by the Board.
4. Proposals may be solicited and /or received in one or more steps as permitted
by law and deemed appropriate by the Purchasing Director. Unless otherwise
prohibited by law, the Purchasing Director shall have the discretion to solicit
and conduct simultaneous or concurrent negotiations with one or more firms.
C. For purchases in excess of the formal competitive threshold, final selection of the
awardee will be made by the Board of County Commissioners.
D. Purchases less than or equal to the formal competitive threshold may be
authorized by the Purchasing Director, as permitted by law and shall not require
formal solicitation or announcement unless deemed necessary by the Purchasing
Director.
IX. PROCUREMENT OF DESIGN /BUILD CONTRACTS
A. Procurements for the design and construction of public construction projects may
be obtained through a single contract with a firm selected in a manner permitted
under Section 287.055, F.S. and the procedures set forth in this section.
B. Upon completion of the Design Criteria Package, procurements of Design /Build
services shall be processed in a manner consistent with Section VIII hereof entitled
"Competitive Proposals ".
C. Administrative procedures shall be established by the County Manager or his
designee for utilization of the design criteria professional concerning the evaluation
of the proposals submitted by the design /build firms, the supervision or the
approval by the County of the work drawings of the project and evaluation of the
project construction with the design criteria package.
D. The Board of County Commissioners may declare a public emergency, where
appropriate and authorize the using agency to negotiate an agreement for Board
approval with the best qualified design -build firm available at that time.
X. Small and Disadvantaged Minority and Women Business Enterprises
A. Policy Statement: Collier County stands committed to providing equal opportunities
to small businesses and disadvantaged business enterprises (DBE), minority
business enterprises (MBEs) and women enterprises (WBEs) as well as to all
vendors, consultants, contractors and subcontractors who seek to do business with
the County.
Pursuant to this policy, Collier County will require its vendors, consultants,
contractors and subcontractors to provide qualified small businesses and DBE's
with an equal opportunity to participate in the formal competitive processes for the
procurement of commodities and services by the County.
The Policy is not intended to require or to allow partiality toward or discrimination
against any small business or DBE, MBE, WBE, or any other vendor, consultant,
contractor or subcontractor on the basis of gender, race or national origin, or other
such factors, but rather to help ensure that small businesses and DBEs, MBEs,
WBEs, and all qualified vendors, consultants, contractors and subcontractors have
an equal opportunity to participate in the County's formal competitive processes.
Nothing in this Policy shall be construed to provide for or require any preference or
set -aside based on gender, race, national origin or any other such factor.
B. Definitions: For purposes of this policy, the term "small business" shall have the
same definition as set forth under Section 288.703.(1), F.S.
The term "DBE" shall include any "small business" as defined pursuant to Section
288.703(1) that is at least 51 percent owned or controlled by a person or persons
defined as "socially and economically disadvantaged" individuals pursuant to
Section 14- 78.602(18), F.A.C.
Reference to these definitions, however, shall in no way be construed to provide
that the County has adopted or is subject to the provisions of the Statute or Code
referenced herein.
C. Implementing Measures: In an effort to implement this policy, the County may
undertake the following measures:
1. Designate the Purchasing Director to administer this policy.
2. Utilize outreach programs to identify, register and educate small businesses
and DBEs, MBEs and WBEs to participate in the procurement/contract process
including, but not limited to:
a. Attending trade fairs which include representatives from these enterprises.
b. Attending meetings and social events wherein these enterprises.
c. Utilizing publications aimed at reaching these enterprises.
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d. Utilizing directories and other reference sources that list these enterprises.
e. Publicizing this Policy to encourage these enterprises to participate in the
County's procurement process.
f. Other actions designed to identify these enterprises who seek to provide
commodities and services to the County.
3. Maintain a list of these enterprises.
4. Disseminate information regarding competitive opportunities with the County in
order to allow qualified small businesses and DBEs, MBEs and WBEs to
participate in the County's procurement process.
D. Conformity with Applicable Law: The provisions of this section shall be construed in
conformity with applicable state and federal law. To the extent that state law
conflicts with federal law, federal law shall supersede such state law.
XI. Procedure to Provide Preference to Local Businesses in County Contracts. Except
where otherwise provided by federal or state law or other funding source restrictions or
as otherwise set forth in the purchasing policy, purchases of commodities and services
shall give preference to local businesses in the following manner:
(1) "Local Business" defined
Local business means the vendor has a valid occupational license issued by Collier County
at least one year prior to bid or proposal submission to do business within Collier County that
authorizes the business to provide the commodities or services to be purchased, and a
physical business address located within the limits of Collier County from which the vendor
operates or performs business. Post Office Boxes are not verifiable and shall not by used for
the purpose of establishing said physical address. In addition to the foregoing, a vendor shall
not be considered a "local business" unless it contributes to the economic development and
well -being of Collier County in a verifiable and measurable way. This may include, but not be
limited to, the retention and expansion of employment opportunities, the support and increase
to the County's tax base, and residency of employees and principals of the business within
Collier County. Vendors shall affirm in writing their compliance with the foregoing at the time
of submitting their bid or proposal to be eligible for consideration as a "local business" under
this section. A vendor who misrepresents the Local Preference status of its firm in a proposal
or bid submitted to the County will lose the privilege to claim Local Preference status for a
period of up to one year.
(2) Preference in purchase of commodities and services by means of competitive bid, request for
proposals, qualifications or other submittals and competitive negotiation and selection. Under
any such applicable solicitation, bidders /proposers desiring to receive local preference will be
invited and required to affirmatively state and provide documentation as set forth in the
solicitation in support of their status as a local business. Any bidder /proposer who fails to
submit sufficient documentation with their bid /proposal offer shall not be granted local
preference consideration for the purposes of that specific contract award. Except where
federal or state law, or any other funding source, mandates to the contrary, Collier County
and its agencies and instrumentalities, will give preference to local businesses in the
following manner:
(a) Competitive bid (local price match option). Each formal competitive bid solicitation
shall clearly identify how the price order of the bids received will be evaluated and
determined. When a qualified and responsive, non -local business submits the lowest
price bid, and the bid submitted by one or more qualified and responsive local
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businesses is within ten percent of the price submitted by the non -local business,
then the local business with the apparent lowest bid offer (i.e.; the lowest local
bidder) shall have the opportunity to submit, an offer to match the price(s) offered by
the overall lowest, qualified and responsive bidder. In such instances, staff shall first
verify if the lowest non -local bidder and the lowest local bidder are in fact qualified
and responsive bidders. Next, the Purchasing Department shall determine if the
lowest local bidder meets the requirements of Section 287.087, F.S. If the lowest
local bidder meets the requirements of 287.087, F.S., the Purchasing Department
shall invite the lowest local bidder to submit a matching offer to the Purchasing
Department which shall be submitted to the Purchasing Department within five (5)
business days thereafter. If the lowest local bidder submits an offer that fully matches
the lowest bid from the lowest non -local bidder tendered previously, then award shall
be made to the local bidder. If the lowest local bidder declines or is unable to match
the lowest non -local bid price(s), then award will be made to the lowest overall
qualified and responsive bidder. If the lowest local bidder does not meet the
requirement of Section 287.087, F.S. and the lowest non -local bidder does, award
will be made to the bidder that meets the requirements of the reference state law.
(b) Request for proposals, qualifications or other submittals and competitive negotiation
and selection. For all purchases of commodities and services procured through the
Competitive Proposals (Section VI) or Competitive Selection and Negotiation
(Section VIII) methods not otherwise exempt from this local preference section, the
RFP solicitation shall include a weighted criterion for local preference that equals 10
percent of the total points in the evaluation criteria published in the solicitation.
Purchases of professional services as defined and identified under subsection VI1.B.2
(which are subject to Section 287.055, F.S.) and subsection VI1.B.3 (which are
subject to Section 11.45, F.S.) shall not be subject to this local preference section.
(3) Waiver of the application of local preference. The application of Local Preference to a
particular purchase or contract for which the Board of County Commissioners is the
awarding authority may be waived upon approval of the Board of County Commissioners.
(4) Comparison of qualifications. The preferences established herein in no way prohibit the
right of the Board of County Commissioners to compare quality of materials proposed for
purchase and compare qualifications, character, responsibility and fitness of all persons,
firms or corporations submitting bids or proposals. Further, the preferences established
herein in no way prohibit the right of the County Commission from giving any other
preference permitted by law instead of the preferences granted herein.
(5) Reciprocity. In the event Lee County, or any other Florida county or municipality ( "local
government ") deemed appropriate by the Collier County Board of Commissioners, extends
preferences to local businesses, Collier County may enter into an interlocal agreement with
such local government wherein the preferences of this section may be extended and made
available to vendors that have a valid occupational license issued by that specific local
government to do business in that local government that authorizes the vendor to provide
the commodities and services to be purchased, and a physical business address located
within the limits of that local government. Post Office Boxes are not verifiable and shall not
be used for the purpose of establishing said physical address. In addition to the foregoing,
a vendor shall not be considered a "local business" unless it contributes to the economic
development and well -being of the said local government whichever is applicable, in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to that local
government's tax base, and residency of employees and principals of the business located
within the limits of that local government. Vendors shall affirm in writing their compliance
with the foregoing at the time of submitting their bid or proposal to be eligible for
12
consideration as a "local business" under this section. In no event shall the amount of the
preference accorded other local government firms exceed the amount of preference that
such local government extends to Collier County firms competing for its contracts.
(6) Purview and administration of this policy. This policy shall apply to all departments and
units under the direct purview of the Board of County Commissioners. The Purchasing
Department shall be responsible for developing, implementing and maintaining
administrative procedures in support of this policy.
(7) Subsequent Review and Sunset Provision. Pursuant to the adopting resolution, this local
preference section is being added to the purchasing policy in support of the local economy
during difficult economic times in Collier County. On or about one year of the effective date,
the Purchasing Department will provide the Board with an update of the results and impacts
to date of this local preference policy. Within two years of the effective date, the Board shall
receive a similar report from the Purchasing Department and shall determine whether to
continue or modify this policy. Should the Board not elect to continue the local preference
policy, it will expire at that time.
XII. PAYMENT OF INVOICES
A. It is the intent of the Board of County Commissioners that all agencies under its
purview be in compliance with Section 218.70 F.S., otherwise known as the "Local
Government Prompt Payment Act ". Pursuant to this, the requirements of this
section shall apply to the following transactions:
1. The purchase of commodities and services;
2. The purchase or lease of personal property;
3. The lease of real property.
B. The Purchasing Director shall have the authority to establish and maintain a
procedure that authorizes minor payment variances between the purchase order
and invoice where warranted. The authority to pay such variances shall not exceed
5% of the purchase order amount or $500, whichever is less.
C. Additionally, the Purchasing Director shall be permitted to establish and maintain a
procedure that authorizes the payment of freight and delivery charges that are not
specifically identified on the purchase order.
D. It shall be the responsibility of the Purchasing Director, in consultation with the
Finance Director and using agencies, to establish, distribute and administer
procedures for the timely payment of all transactions as defined under XII.A hereof.
Such procedures shall include, but not be limited to the following:
1. Formally defining the County's requirements for the content and submission of
a proper invoice, codifying the County's payment requirements and formally
notifying each vendor of their availability.
2. Steps required for the receipt of all invoices and the prompt return of improper
invoices.
3. Steps required for the resolution of payment disputes between the County and
a vendor.
[aj
E. Each December, the Finance Director and the Purchasing Director shall submit a
joint report to the Board listing the number and total dollar amount of interest
penalty payments made during the preceding fiscal year.
XIII. PAYMENT OF DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS
County funds may be used to pay for dues for membership in a professional or other
organization provided that such expenditure meets the following criteria:
1. Such membership is deemed necessary to meet duties and responsibilities
required by Federal, State or local mandate or to facilitate proper professional
development.
2. The organization of membership is of a non - profit nature.
3. Sufficient funds are available within the proper appropriation unit/summary code.
XIV. STANDARDIZATION COOPERATIVE PURCHASING AND GOVERNMENTAL
CONTRACTS
A. Where standardization is determined to be desirable by the Director, the purchase
of commodities may be made by negotiation with the approval of the Board of
County Commissioners if more than the competitive bid limit or by the County
Purchasing /General Services Director if less than or equal to the competitive bid or
negotiation threshold.
B. The Director shall have the authority to approve purchases under State of Florida
and Federal GSA cooperative contracts. The Director shall also be authorized to
join with other units of government in cooperative purchasing ventures prior or
subsequent to award when in the best interests of the County. If funds have
already been budgeted, no further Board action will be required. In authorizing all
such purchases under pre- existing agreements, the Director shall have determined
that the term and conditions of the purchase are competitive in the market and
favorable to the County.
XV. CONTRACT ADMINISTRATION
A. Contract Document: Every procurement of contractual services or commodities
shall be evidenced by a written document containing all provisions and conditions
of the procurement. Said document shall include, but not be limited to:
1. A listing of the scope of services to be performed or commodities to be
purchased.
2. A provision specifying the criteria and the final date by which such criteria must
be met for completion of the contract.
3. A provision specifying the terms of cancellation by the County and where
applicable, a provision specifying the terms of renewal.
4. Where applicable, a provision establishing the appropriate types and levels of
insurance to be carried by the vendor. Said provision shall be employed in a
manner consistent with minimum insurance standards approved by the Board
of County Commissioners.
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5. Where applicable, pursuant to Section 287.133 F.S., a provision requiring the
contractor /vendor to inform the County if he /she has been convicted of a public
entity crime subsequent to July 1, 1989.
A purchase order that embodies these provisions shall be sufficient documentation
of the procurement. The Purchasing Director shall have the discretion to determine
the circumstances under which a purchase order (and all documents included by
reference) shall serve as the contract document.
B. Contract Manager: Every procurement of services shall be administered by the
using agency (requesting department).
C. Contract Changes: Notices issued under a purchase or contract may be
authorized and executed by the Purchasing /General Services Director, excepting
notices that terminate a Board - approved purchase or contract in its entirety.
Modifications to a Board approved purchase or contract, including but not limited to
change orders, supplemental agreements, amendments and changes by letter may
be authorized and executed by the Purchasing /General Services Director provided
that the change (or the sum of the changes) amounts to not more than the greater
of (i) 10 percent of the current Board approved amount. or (ii) $10,000.
The proviso at the end of the previous paragraph shall not be applicable to term
contracts or blanket purchase orders where the County desires to procure
commodities and /or services on an as needed basis without having to obligate
itself to a total contract amount. Rather, such purchases shall be based on fixed
unit prices or other predetermined pricing methods and shall be limited in quantity
by the amount of funds appropriated in the budget of the using agency(ies). Such
purchases shall be subject to all other provisions of this policy.
Notices that terminate an entire purchase or contract that was Board approved,
and contract modifications that increase the total contract amount beyond the limits
set forth above as applicable, shall require the approval of the Board of County
Commissioners or as otherwise provided for in this policy. The Board shall have
broad authority, within the limits of the law, to evaluate and approve any
recommended contract modification without requiring further competition. All
deductive changes pertaining to the use of direct material purchases, including
those that reduce the contract amount by more than ten percent below the current
Board approved contract amount shall be reported to the Board monthly as part of
the monthly contract changes report and shall not require prior Board approval.
D. Contract Extension: Extension(s) of a Board - approved contract for commodities or
services may be requested by the contract manager to the Purchasing /General
Services Director in writing for a period not to exceed six (6) months (cumulatively)
and shall be subject to the same terms and conditions set forth in the initial contract.
The Purchasing /General Services Director shall have the authority to authorize and
execute all such extensions. Any extension(s) that exceed six months
(cumulatively) shall be approved by the Board of County Commissioners.
Extensions of contracts that do not (inclusive of the extension) exceed the formal
competitive threshold may be authorized and executed by the Purchasing /General
Services Director without Board action.
E. Contract Renewal: The Purchasing /General Services Director shall have the
authority to authorize and execute renewals of contracts for commodities and /or
services subject to the following conditions:
iF
1. That the Contractor has performed in a satisfactory manner and that the
Director has received a request to renew from the Contract Manager verifying
the Contractor's satisfactory performance.
2. That the agreement is renewed subject to the terms and conditions set forth in
the initial contract. Costs and terms of any contemplated renewals are included
in the invitation to bid or request for proposals.
3. That the renewal is done on an annual basis, commencing at the end of the
initial contract period. Any such contracts shall not be renewed for more than 3
years unless competitively procured.
Proposed renewals that fail to meet one or more of the conditions set forth herein
will require the approval of the Board of County Commissioners.
F. Contract Approval: All formal, bilateral contracts for commodities and services in
excess of the formal, competitive threshold shall be authorized by the Board of
County Commissioners. Such agreements for purchases less than or equal to the
formal, competitive threshold may be authorized and executed by the Purchasing
Director, subject to the review and approval for legal sufficiency by the Office of the
County Attorney.
G. Work Orders (Not Under CCNA): The Purchasing /General Services Director may
authorize and execute any work order if the work order is equal to or below such
Board approval parameters for work orders as are set forth in either the Board
approved term contract for services under which the work order is generated, the
solicitation document (s) that resulted in the contract or the Executive Summary
that pertains to the contract.
Modifications to a work order may be authorized and executed by the
Purchasing /General Services Director, provided that the work order, as modified,
does not exceed $100,000 or if it does, the change (or sum of the changes) does
not exceed 10% of the current Board approved amount.
The above provisions of the Section G shall not apply to work orders, or
modifications to work orders, governed by Section VII.0 above.
H. Consent to Assignments of Contract: For all contracts which exceed the formal
competitive threshold, the Board of County Commissioners shall approve all
assignments of contracts requested by the predecessor contracting party. For
such requests for agreements below the formal competitive threshold, the
Purchasing /General Services Director shall have the authority to approve
assignments on behalf of the agency.
Authority Limitation and Delegation: Promulgation of Procedures:
The Purchasing /General Services Director may delegate to one or more other
Board employees any or all aspects of the authority vested in the
Purchasing /General Services Director to authorize and /or execute contracts or
contract - related documents pursuant to Section VII.0 above and Sections C
through G of this Article XV or otherwise under law.
All authority to authorize and execute documents that is vested pursuant to this
Article XV in the Purchasing /General Services Director or any other person shall be
subject to the limits of any applicable federal, state or other law.
16
The Purchasing Department shall be responsible for establishing and maintaining
administrative procedures that set forth any delegations of authority made pursuant
to the foregoing provisions of this Section I, that set forth formal processes for each
of the instruments referenced in this Article XV, and that are in all respects subject
to the provisions of this Article XV.
These procedures shall also set forth generalized requirements for (i) such pre -
execution reviews of documents by the Office of the County Attorney and (ii) pre -
execution reviews of documents by such other departments, if any, as the
Purchasing /General Services Director determines to be appropriate and advisable.
Payments to Contractors, Vendors and Consultants
Prior to the execution of a formal contract subject to this policy, the Purchasing
Department shall have the discretion to establish a formal payment schedule and
payment terms within the agreement. Such terms and conditions shall be
consistent with the requirements of all applicable laws and the formal solicitation
documents.
In accordance with Section 218.735 (8), F.S., the Purchasing Director shall
establish procedures to reduce to 5% the amount of retainage withheld from each
subsequent progress payment issued to a contractor where applicable. The
Purchasing Director, or his designee, shall have the discretion to establish, in
writing, a schedule(s) to further reduce the percentage of cumulative retainage held
throughout the course of the project schedule where warranted. The discretion of
the project manager to reduce the percentage of cumulative retainage shall be
subject to the following:
1. That the term "cumulative retainage" is defined to mean "the dollar total of the
funds retained from all payments issued under the contract divided by the
gross dollar total of all monthly pay requests (or the total of all payment
amounts deemed allowable by the project manager, whichever is less) ".
2. That any decision to reduce retainage shall be formally communicated in a
letter to the Contractor's appropriate representative and that the letter
affirmatively states that the Contractor has performed the contract work in a
satisfactory manner.
3. That the cumulative retainage not be adjusted until at least 50% of the work
has been completed and payment has been issued.
4. That the Purchasing Director's letter expressly sets forth the percentage of
cumulative retainage to be held for the remaining pay requests.
The Purchasing Director's designee shall also be granted the discretion to authorize
the partial release or payment of contract retainage to the contractor prior to final
completion of all project work provided that:
1. The contractor has performed in a satisfactory manner to date.
2. The total aggregate work under the agreement is at least 50% completed and
accepted (i.e.; payments equaling at least 50% of the contract amount less
retainage have been issued)
17
3. The retainage dollar amount to be released is based upon and consistent with
the prevailing percentage of cumulative retainage being held at the time that
the retainage is released.
XVI. PERFORMANCE AND PAYMENT BONDS
A contractor or vendor shall provide a surety bond from a surety company to guarantee
full and faithful performance of a contract obligation and the payment of labor and
material expended pursuant to a contract whenever, and in such amounts, as required by
statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable
letter of credit from a financial institution operating within the State of Florida (or other
alternative forms of surety as permitted under Florida law) may be sufficient in place of
the performance bond if so provided for in the bid and contract documents. All such
bonds or letters of credit shall be approved as to form by the County Attorney.
XVII. UNAUTHORIZED PURCHASES
No County officer or employee shall intentionally order, other than by purchasing card as
permitted under this policy, the purchase of any commodities or services, or make any
contract within the purview of this policy other than through the Purchasing Director. Any
purchase order or contract made contrary to the provisions hereof shall not necessarily
be approved and the County shall not be bound thereby. All purchases made within the
provisions of this Policy shall be made with a purchase order or purchasing card,
whichever is appropriate.
In the event that a purchase transaction is found to be in violation of this policy, the
Purchasing Director shall determine the facts pertaining to the transaction. In consultation
with the appropriate operating department director, the Purchasing Director shall
determine whether it is in the best interests of the County to proceed with the purchase
and if so, under what conditions. If a determination is made to proceed with the purchase,
all such transactions in excess of the formal competitive threshold (or other applicable
Board authorization thresholds set forth in this policy) shall require the approval of the
Board. All such transactions equal to or less than the formal competitive threshold may
be approved by the Purchasing Director.
A. Exceptions: This section shall not apply to the payment of premiums for insurance
policies that have been acquired through prior Board action. This section shall not
apply to nor supersede Resolution Nos. 86 -30, 86 -209 and 87 -16.
XVIII. PROHIBITION AGAINST SUBDIVISION
No contract or purchase shall be subdivided to avoid the requirements of this Policy.
XIX. PROTEST OF BID OR PROPOSAL AWARD
The purpose of this section is to accommodate legitimate protests concerning formal
competitive invitations and recommended contract awards above the competitive bid or
proposal thresholds prior to award of contract by the Board of County Commissioners.
A. Any actual or prospective bidder or respondent to an Invitation for Bids or a
Request for Proposals, who alleges to be aggrieved in connection with the
solicitation or award of a contract, (hereafter referred to as "the protesting party ")
may protest to the Purchasing Director, who shall serve as the sole recipient of any
and all notices of intent to protest and all formal protests.
B. All formal protests with respect to an Invitation for Bids or a Request for Proposals
shall be submitted to the Purchasing Director in writing not less than four hours
prior to the opening of bids or the closing time for acceptance of proposals. The
18
Purchasing Director, in consultation with the contract manager (and other
appropriate County staff), shall have the authority to address all such protests
received under subsection B and to determine whether postponement of the bid
opening or proposal closing time is appropriate. The Purchasing Director's decision
shall be considered final and conclusive unless the protesting party files a
subsequent formal protest of the recommended contract award as described under
this section.
C. Any actual or prospective bidder or respondent to an invitation for bids or a
Request for Proposals who desires to formally protest a recommended contract
award shall submit a notice of intent to protest to the Purchasing Director within two
(2) calendar days, excluding weekends and County holidays, from the date of the
initial posting of the recommended award.
D. All formal protests with respect to a recommended contract award shall be
submitted in writing to the Purchasing Director for a decision. Said protests shall
be submitted within five (5) calendar days, excluding weekends and County
holidays, from the date that the notice of intent to protest is received by the
Purchasing Director.
The formal protest shall contain, but not be limited to the following information:
1. Name and address of County agency affected and the bid number and title.
2. The name and address of the protesting party.
3. A statement of disputed issues of material fact. If there are no disputed
material facts, the written letter must so indicate.
4. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting
party to relief.
5. A demand for the relief to which the protesting party deems himself entitled.
6. Such other information as the protesting party deems to be material to the
issue.
E. In the event of a timely protest of contract award consistent with the requirements
of this section, the Purchasing Director shall not proceed further with the award of
the contract until all appropriate administrative remedies as delineated under this
section have been exhausted or until the Board of County Commissioners makes a
determination on the record that the award of a contract without delay is in the best
interests of the County. Neither the protesting party, their agents or their
representatives shall have any private contact or discussions with individual County
Commissioners or any independent hearing officer (where applicable) regarding
the protest prior to the protest being heard or reviewed by either of the
aforementioned unless requested to do so by the Purchasing Director.
F. The Purchasing Director shall review the merits of each timely protest and in
consultation with the contract manager and other appropriate County staff, issue a
decision stating the reasons for the decision and the protesting party's rights of
appeal under section XIX. Said decision shall be in writing and mailed or otherwise
furnished to the protesting party. The decision of the Purchasing Director shall be
final and conclusive unless the protesting party delivers a subsequent written
objection to the Purchasing Director within two (2) calendar days, excluding
weekends and County holidays from the date of receipt of the decision.
G. In the event of a subsequent objection pursuant to subsection F, the County
Manager shall have the discretion to appoint an independent hearing officer to
19
review the facts relevant to the protest. The appointed officer will have a maximum
of 60 days to schedule and conduct a hearing into the matter and issue a finding of
fact and a opinion in writing to the County Manager for submission to the Board of
County Commissioners. Prior to commencement of the hearing, the protesting
party shall be required to post a cash surety in an amount equal to one (1) percent
of the using agency's estimate of the contract amount or one - thousand dollars
($1,000), whichever is less. Should the Hearing Officer find in favor of the County,
the protesting party shall forfeit the surety as partial payment for undue delay.
Otherwise, the surety will be returned to the protesting party.
H. In the event that the protest cannot be resolved by mutual consent, the matter will
be referred to the Board of County Commissioners for final resolution.
Failure to file a formal protest within the time and manner prescribed by Section
XIX shall constitute a waiver of the right to protest by any protesting party as
defined by subsection A of this section.
XX. CONTRACT CLAIMS
All actual or prospective claims arising against the County from contractors, vendors or
any other party in direct privity with the County to provide commercial commodities or
services shall first be directly addressed by the parties' administrative representatives in
a manner consistent with the agreement between the parties and in accordance with the
County's Procurement Administrative Procedures Manual.
For any prospective or actual claims or disputes arising under any contract entered into
by the County, the Purchasing Director shall have the discretion to arbitrate or mediate
the claim or dispute or may appoint an independent third party to do so within the
authorization threshold limits of this policy.
XXI. EMERGENCY PURCHASES
A. By County Manager: In case of an emergency which requires immediate purchase
of commodities or services in excess of the formal competitive threshold, the
County Manager shall be empowered to authorize the Director to secure by open
market procedure as herein set forth, any commodities or services. The County
Manager shall have the authority to act in the case of any emergency including the
issuance of emergency change orders /supplemental agreements. Any emergency
action shall be reported at the first available regular or special meeting of the Board
of County Commissioners. The County Manager shall further be authorized to
approve payment(s) to vendors at the time of or shortly after purchase should the
circumstances warrant.
B. By Purchasing Director: In case of any emergency which requires immediate
purchase of commodities or services equal to or less than the formal competitive
threshold, the Purchasing Director shall be empowered to secure such services
and commodities by open market procedure as herein set forth. Such action shall
be reported immediately to the County Manager when appropriate.
This section in no way constrains the provisions of Collier County Ordinance No. 84 -37
XXII. INSPECTION AND TESTING
The Director shall inspect, or supervise the inspection of, or cause to be inspected, all
deliveries of commodities or services to determine their conformance with the
specifications set forth in an order or contract.
20
A. Inspection by Using Agency: The Director shall have the authority to authorize
using agencies having the staff and facilities for adequate inspection to inspect all
deliveries made to such using agencies under rules and regulations which the
Director shall prescribe.
B. Testing: The Director shall have the authority to require chemical and physical
tests of samples submitted with bids and samples of deliveries which are
necessary to determine their quality and conformance with specifications. In the
performance of such tests, the Director shall have the authority to make use of
laboratory facilities of any agency of the County or of any outside laboratory.
XXIII. SURPLUS COMMODITIES AND TANGIBLE PERSONAL PROPERTY
All using agencies shall submit to the Director, at such times and in such form as shall be
prescribed, reports showing stocks of all tangible personal property which are no longer
used or which have become obsolete, worn out or scrapped.
A. Transfer: The Director shall have the authority to transfer surplus stock to other
using agencies.
B. Sale: The Director shall have authority to sell all commodities of a value less than
the limits proscribed under Chapter 274 F.S., which have become unsuitable for
County use. Sales under this section shall be made to the highest responsible bid
and in conformance with Section, 274, F.S. The Director shall be authorized to
approve all sales where the net revenue to the County does not exceed $50,000. All
sales exceeding $50,000 in net revenue to the County will be approved by the Board
prior to completing the sale or conducting the sales event.
C. Trade In: The Director shall be authorized to approve purchases that include the
"trade in" of existing items (including assets) pursuant to the purchase of new,
replacement or upgraded items /services.
D. Donation: Operating departments under the purview of the Board of County
Commissioners shall be authorized to accept items donated to the County. The
receipt of all items not considered to be assets as defined under Florida law is to be
documented by a letter from the operating department director to the donating entity.
Items considered to be assets are to be documented using the appropriate forms and
forwarded to the Fixed Assets Section of the Clerk of Courts Finance Division.
Documentation is to include, but not be limited to; the date the asset(s) was received;
the estimated fair market value of the asset(s); a description of the asset(s); a serial
number if applicable and the fund /cost center under which the asset(s) will be
assigned.
E. Disposition of Assets: The Director shall have the authority to determine whether
previously- acquired items (including assets) that are no longer useful to the agency
have commercial value and if not, to dispose of such items in an appropriate manner
with or without offering such items for sale, trade or donation to other entities. The
Fixed Assets Section of the Clerk of Courts' Finance Division will submitted a
quarterly report that identifies any assets that are disposed of under the provisions of
this subsection.
XXIV. PURCHASING CARD PROGRAM
The Director shall be responsible for the overall management and operation of the
County's purchasing card program. For the purpose of this policy, a purchasing card is a
i�
credit card officially assigned to specific employees under the purview of the Board of
County Commissioners' agency for the purpose of transacting small and /or strategic
purchases. The Director shall be authorized to assign cards to employees for these
purchases. The Director shall have the authority to establish the following dollar limits for
each assigned card:
A. Single Transaction Limit: Not to exceed $1,000 per card unless otherwise authorized
by the Director.
B. Monthly Spending Limit: Not to exceed $10,000 per card unless otherwise
authorized by the Director.
C. Strategic Purchases: The Director may utilize (or delegate the authority to other
Purchasing Department staff to utilize) a purchasing card to place orders that exceed
the limits set forth under this section in instances where one or more of the following
is true:
1. Where the purchase is to address a valid public emergency; or
2. Where the County will earn revenue through card program rebates; or
3. Where a vendor is requiring the County to order by purchasing card.
D. Sales Tax Compliance: Pursuant to Section 212.08(6), F.S., County purchases
transacted with vendors within the State of Florida are exempt from the state sales
and use tax. In such instances, it is the responsibility of the cardholder to provide the
vendor with the appropriate tax exemption information when the card is presented to
the vendor. In the event that the cardholder refuses to grant the tax exemption when
the card is presented, the cardholder is authorized to allow the tax to be charged to
the card.
It is the position of the Board that it is not cost effective or in the public interest to
require a cardholder to seek a credit for sales tax collected when the total sale does
not exceed $300. In the event that the total sale exceeds $300, the cardholder's
department director (or their designee) is responsible to ensure the tax is returned to
the County for the purchase.
E. Rebates: All purchasing cards rebates will be credited to the general fund unless
otherwise specified by the Director.
In all such instances, the Director shall ensure that the purchase has been approved
subject to all other provisions of this policy. All fixed assets purchased using a
purchasing card shall be properly recorded and tracked through the Fixed Assets Section
of the Clerk of Courts Finance Division.
The language of this section is not intended to supersede the provisions of Collier County
Resolution 2006 -49.
XXV. SEVERABILITY
If any one or more of the provisions of this Policy should be held contrary to any provision
of law or contrary to express law, though not expressly prohibited, or against public
policy, or shall for any reason whatsoever be held invalid, then such provision(s) shall be
null and void and shall be deemed severable from the remaining provisions of this Policy
and in no way shall affect the validity of all other provisions of this Policy.
22
XXVI. REPEAL PRIOR AND CONFLICTING
All resolutions and policies or parts of resolutions and policies, in conflict herewith, are
hereby repealed.
XXVII. EFFECTIVE DATE
An official copy of this Policy shall be filed in the office of the Clerk to the Board of County
Commissioners immediately after enactment and this Policy shall take effect at that time.
XXVIII. CONFLICT OF INTEREST
When procuring commodities or services using County funds, each entity and employee
under the purview of the Board of County Commissioners shall comply with all applicable
state and federal laws concerning conflict of interest. For state or federal Community
Development Block Grant - funded projects, entities and employees shall comply with the
requirements of Part 85, Section 36(b)(3) of the Mousing and Urban Development Code.
XXIX. DEBARMENT AND SUSPENSION
The Board shall grant authority to County staff to suspend and /or debar vendors,
contractors, consultants and other interested and affected persons from active
participation in obtaining County contracts. The purpose of any such action shall be to
protect the County's interests and the integrity of the County's contracting process. The
suspension and debarment processes shall be considered to be separate from and in
addition to the award evaluation and vendor performance evaluation processes
authorized elsewhere in this policy.
A. Definition of Terms: For the purposes of this section, the following terms have been
defined as follows:
1. Affiliate refers to associated business entities or individuals that control or
could control the contractor or are controlled by the contractor or could be
controlled by the contractor.
2. Civil Judgment refers to a judgment or finding of a civil offense by any court of
competent jurisdiction.
Contractor means any individual or legal entity that:
a. Directly or indirectly (e.g.; through an affiliate), submits offers for or is
awarded, or reasonably may be expected to submit offers for or be
awarded, a County contract for construction of for procurement of
commodities and services, including professional services; or
b. Conducts business, or reasonably may be expected to conduct business,
with the County as an agent, surety, representative or subcontractor of
another contractor.
c. For the purposes of this section, the terms "vendor" and "consultant" shall
have the same meaning as "contractor" and the term "sub consultant" shall
have the same meaning as the term "subcontractor ".
4. Conviction means a judgment or conviction of a criminal offense, felony or
misdemeanor, by any court of competent jurisdiction, whether entered upon a
verdict or a plea, and includes a conviction entered upon a plea of no to
contendere.
23
5. Debarment means action taken by the County to exclude a contractor from
County contracting and County- approved subcontracting for a reasonable,
specified period as provided herein.
6. Preponderance of the Evidence means proof by information that, compared
with that opposing it, leads to the conclusion that the fact at issue is more
probably true than not.
7. Subcontractor: Any individual or legal entity that offers or agrees to provide
commodities or services to a party deemed to be a contractor under this
section.
8. Suspension refers to action taken by the Purchasing /General Services Director
(hereinafter referred to as "the PGS Director ") to temporarily disqualify a
contractor from County contracting or County- approved subcontracting.
B. Suspension: The Purchasing /General Services Director shall have the authority to
suspend a contractor, subcontractor or person from consideration for award of
contracts if there appears to be a reasonable basis for debarment as set forth
under Section XXIX. If a suspension precedes a debarment, the suspension
period shall be considered in determining the debarment period. The suspension
period shall not exceed three months without the approval of the County Manager.
A decision to suspend by the Purchasing /General Services Director shall be
considered final and conclusive with no right of appeal.
C. Debarment:
1. Causes for Debarment: The prospective causes for debarment include one or
more of the following:
a. Conviction for commission of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract, or in the
performance of such contract or subcontract.
b. Conviction under state or federal law of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property, or
any other offense indicating a lack of business integrity or business
honesty which currently, seriously and directly affects responsibility as a
contractor.
c. Conviction under state or federal antitrust laws arising out of the
submission of bids, proposals or other competitive offers.
d. Violation(s) of county contract(s) provisions, which is (are) deemed to be
serious and to warrant debarment, including the failure, without good
cause, to perform in accordance with the terms, conditions, specifications,
scope, schedule or any other provisions of the contract(s).
e. Refusal to provide bonds, insurance or other required coverages and
certifications thereof within a reasonable time period.
f. Refusal to accept a purchase order, agreement or contract, or perform
accordingly provided such order was issued timely and in conformance
with the solicitation and offer received.
24
g. Presence of principals or corporate officers in the business of concern, who
were principals within another business at the time when the other
business was suspended or debarred within the last three years under the
provisions of this section.
h. Violation of the ethical standards set forth under applicable state or county
laws.
i. Debarment of the contractor by another public agency.
j. Any other cause deemed to be so serious and compelling as to materially
affect the qualifications or integrity of the contractor.
2. Debarment Procedure:
a. The county department requesting the debarment action shall submit to the
PGS Director a written complaint setting forth the reason(s) for seeking
debarment and shall identify a recommended debarment period.
The PGS Director shall review the complaint, verify whether it is compliant
with the provision of this policy, direct any appropriate changes and
forward the complaint to the contractor.
c. The contractor shall review the complaint and shall provide a written
response (with supporting documentation) to each allegation. The
response shall be provided to the PGS Director within 10 (ten) business
days of receipt of the allegations submittal. In the event that the contractor
fails to respond to the complaint within the prescribed time period, the
complaint, as forwarded to the contractor, shall become an effective
debarment decision without further appeal.
d. In the event that the contractor files a timely and complete response to the
complaint and the debarment action is based upon a conviction, judgment
or other event(s) where there is no significant dispute over material facts,
the PGS Director shall determine the period of debarment on the basis of
the undisputed material information set forth or referenced in the complaint,
the contractor's reply and the parameters set forth in this section. In the
event that the Contractor objects to the PGS Director's decision, the
Contractor shall have a maximum of three business days to file an appeal
of the debarment decision with the PGS Director. The appeal will be
forwarded to and considered by the County Manager (or his designee),
who will review the debarment record compiled by the initiating department
and the contractor. Should the County Manager overturn the PGS
Director's decision; the County Manager shall formally cite the reasons for
doing so.
In the event that the contractor files a timely and complete reply to the
complaint and where the facts are in dispute, the Purchasing Department
will convene a debarment committee (hereinafter referred to as "the
committee ") consisting of at least three individuals who will review the
complaint and the contractor's reply. The County Manager or his designee
shall formally appoint the committee, which will generally consist of county
employees, none of whom shall be a member of the department initiating
the complaint. At the discretion of the County Manager, a member from
private industry with a particular area of relevant expertise may be
appointed to the committee, provided that this member is not a direct or
25
indirect competitor of the firm in question. The Office of the County
Attorney shall appoint a representative to attend the hearing. The
representative shall not be considered a voting member of the committee,
but shall be available to provide legal counsel to the committee as
necessary. All members appointed to serve on the debarment committee
shall disclose, to the PGS Director, or his designee, any actual or
prospective conflicts of interest at the time of appointment or at the time in
which the member becomes aware of the actual or prospective conflict.
The PGS Director, or his designee, shall chair the committee and serve as
the Purchasing Department's representative to the committee. The
Purchasing representative shall preside over and facilitate the deliberations
of the committee as a non - voting member and serve as the County's
liaison to the Contractor in the debarment process. All voting committee
members are prohibited from having any communication regarding the
debarment issue outside the committee deliberations with any of the
parties involved in the specific debarment or their representatives until after
the committee decision has been issued or, in the event of an appeal of
that decision by the Contractor, until the conclusion of the appeal process.
All committee deliberations are subject to Section 286.011 F.S.
Where the material facts are in dispute, the committee shall evaluate the
evidence, judge the credibility of witnesses and base its decision upon the
preponderance of the evidence. Should the contractor fail to appear at the
debarment hearing, the contractor shall be presumed to be unqualified and
or non - responsive and shall be subject to debarment. The committee
decision shall be by a majority vote of those voting members in attendance.
The committee shall be the sole trier of fact. In the event that the
committee decides to impose debarment, the debarment decision will
formally include, but not be strictly limited to the following information:
1) The specific reasons for the debarment;
2) The scope of the debarment; and
3) The period of debarment, including the effective and expiration dates.
The committee's decision shall be issued in writing within 20 business days
of the conclusion of the hearing unless the committee extends this period
for good cause.
h. The PGS Director shall forward the committee's decision to the contractor
and affiliates involved. Should the Contractor object to the committee's
decision, the Contractor shall have a maximum of three business days to
file an appeal of the debarment decision with the PGS Director. The
appeal will be forwarded to and considered by the County Manager (or his
designee), who will review the debarment record compiled by the initiating
department, the contractor and the committee. Should the County
Manager overturn the committee's decision; the County Manager shall
formally cite the reasons for doing so.
3. Debarment Period.
a. At its sole discretion, the committee shall determine the period of
debarment. The debarment period shall be commensurate with the
severity of the cause(s) and in no event shall be the debarment period
exceed five years without the approval of the Board.
26
b. At its sole discretion, the committee (having the same or different
composition) may reduce the debarment period upon a written
request from the contractor to do so, based on one or more of the
following reasons:
1. Newly discovered material evidence;
2. A reversal of the conviction, civil judgment or other action upon
which the debarment was based;
3. Bona fide change in ownership or management;
4. Elimination of other causes for which the debarment was imposed;
or
5. Other reasons that the committee might deem appropriate.
The contractor's request shall be submitted to the PGS Director in
writing and shall be based on one or more of the aforementioned
reasons.
c. The decision of the committee regarding a reduction of the debarment
period is final and not subject to appeal.
4. The Effects of Debarment:
a. Debarred contractors are excluded from receiving County contracts.
Departments shall not solicit offers from, award contracts to, or
consent to subcontractors with debarred contractors, unless the
County Manager or his designee determines that emergency or single
source conditions exist and grants written approval for such actions.
Debarred contractors are excluded from conducting business with the
County as agents, representatives, subcontractors or partners of
other contractors.
b. The Purchasing Department shall notify all Board departments of the
final debarment decision and the effects of that decision with regard to
conducting business with the debarred entity(ies) during the
debarment period.
5. Continuation of Current Contracts:
a. Departments may not renew or otherwise extend the duration of
current contracts with debarred contractors in place at the time of the
debarment unless the PGS Director or his designee determines that it
is in the best interests of the County to allow the contractor to
continue or finish the work within an additional, limited period of time.
b. Debarment shall constitute grounds for terminating an open
agreement with a contractor. However, the contract manager may
permit completion of an open contract(s) provided that the debarred
contractor has performed in a satisfactory manner to date under the
open contract(s) unless otherwise directed by the PGS Director.
27
6. Restrictions on Subcontracting:
When a debarred contractor is proposed as a subcontractor for any
subcontract subject to County approval, the department shall not
consent to subcontracts with such contractors unless the County
Manager or his designee determines that emergency or single source
conditions exist, thus justifying such consent and approves such
decision.
b. The County shall not be responsible for any increases in contract
costs or other expenses incurred by a contractor as a result of
rejection of proposed subcontractors pursuant to subsection 6.a
provided that the subcontractor was debarred prior to the submission
of the applicable bid or proposal offer.
The Scope of Debarment: Debarment applies to all officers, principals,
directors, partners, qualifiers, divisions or other organizational elements of
the debarred contractor, unless the debarment decision is limited by its
terms to specific divisions, organizational elements or commodity /services.
The committee's decision includes any existing affiliates of the contractor if
they are specifically named and are given written notice of the proposed
debarment and an opportunity to respond. Future affiliates of the
contractor are subject to the pre- existing terms of the committee's decision.
2/10/09
28
Martha S. Vergara 5 7V2,
Subject: DC Air - Corkey, Suzie Mayhood
Location: Immokalee
Start: Wed 12/28/201110:30 AM
End: Wed 12/28/201111:30 AM
Show Time As: Tentative
Recurrence: (none)
Meeting Status: Not yet responded
Organizer: CurryChris
Required Attendees: VergoThomas
When: Wednesday, December 28, 201110:30 AM-11:30 AM (GMT-05:00) Eastern Time (US & Canada).
Where: Immokalee
Note: The GMT offset above does not reflect daylight saving time adjustments.
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 telophone, or in writing,
Martha S. Vergara -qF 35872.2.3
From:
WilliamsSteven
Sent:
Tuesday, December 27, 201110:46 AM
To:
NeetVirginia
Subject:
FW: Boiler Plate lease
Dinny,
Can you send this to Chris?
Thank you.
,Steve
Steven T. Williams
!assistant County Attornetj
Collier Countt)
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239- 252 --8400
Fax: 239 --252 -6300
From: CurryChris
Sent: Tuesday, December 27, 2011 10:46 AM
To: WilliamsSteven
Subject: Boiler Plate lease
Steve, can you provide me with the boiler plate lease used for Gregory Shepard. I would like to use it tomorrow in my
last discussion with Corky Mayhood. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
Under f lorida I..aw 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.
Martha S. Vergara 35 '
From:
CurryChris
Sent:
Tuesday, January 10, 2012 2:56 PM
To:
S Mayhood
Cc:
jimcolette @colliergov.net
Subject:
Re: Immokalee Airport Lease
Mr. Mayhood, that is no problem. Thanks
Sent from my Verizon Wireless 4G LTE Phone
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCyr[yQcolliergov.net>
Cc: "limcolette ()colliergov.net" <4imcoletteCa)colliergov.net>
Sent: Tue, Jan 10, 2012 19:26:15 GMT +00:00
Subject: Immokalee Airport lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. VergaraJ ✓'
From: Microsoft Exchange
To: jimcolette @colliergov.net
Sent: Tuesday, January 10, 2012 2:55 PM
Subject: Undeliverable: Re: Immokalee Airport Lease
Delivery has failed to these recipients or distribution lists:
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From: CurryChris <ChrisQgr[y0 colliergov.net>
To: S Mayhood <suezg0S(@aol.com>
CC: "jimcolette colliergov.net" <jimcoletteacolliergov.net>
Date: Tue, 10 Jan 2012 14:55:37 -0500
Subject: Re: Immokalee Airport Lease
Thread - Topic: Immokalee Airport Lease
Thread - Index: AczPOcgzAL /g2P67TFG5U4ABoWiYRw ==
Message -ID: <50ccOc2a- 6ae4- 408b- 841e- 92c9cc7198d7@blur>
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Martha S. Vergara7' /22-�p
From:
S Mayhood <suezgp5 @aol.com>
Sent:
Tuesday, January 10, 2012 2:26 PM
To:
CurryChris
Cc:
jimcolette @colliergov.net
Subject:
Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Martha S. Vergara
From: CurryChris
Sent: Tuesday, January 10, 2012 3:01 PM
To: ColettaJim
Subject: Fw: Immokalee Airport Lease
Fyi
Sent from my Verizon Wireless 4G LTE Phone
- - - -- Original message---- -
From: S Mayhood <suezg05@aol.com>
To: CurryChris <ChrisCurry�a collierq_ov_net>
Cc: "jimcolette colliergov.net" <iimcoletteaa collierrgov.net>
Sent: Tue, Jan 10, 2012 19:26:15 GMT +00:00
Subject: Immokalee Airport Lease
Mr. Curry:
4-356721-7
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, Ft_ 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
~J
Martha S. Ve
From:
[urnChhs
Sent:
Tuesday, December 27, 2011 10:46 AM
To:
VViUiannsSteven
Subject:
Boiler Plate lease
Steve, can you provide me with the boiler plate lease used for Gregory Shepard. | vvow|d like to use it tomorrow in my
last discussion with Corky Mayhood.Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(N)239-642'7870x35
(C) 239-269-3353
Under Florida Law. e-mail addresses are public records If you do riot want your e-mail address released in response to a public records request, do riot send
electronic inail to this entity Instead, contact this office by telephone or in writing
Martha S. Vergara 2, Z7
From: [urry^Chhs
Sent: Tuesday, January 03, 20I2 2:15 PM
To: MueUerOebi
Subject: Mayhood Lease review
Debi, have you reviewed the lease for Corky K4ayhood?
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C)239'269'3353
Under Florida Law, e-niail addresses are public records, If You do riot want youre-mail address released In response to a public records reqUeSt, do riot send
electronic rnail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Vergara 4,�35q,7 2 -30
From: CurryChris
Sent: Tuesday, January 03, 2012 2:24 PM
To: MuellerDebi
Subject: RE: Mayhood Lease review
Thanks, please return the lease I gave to you. The current lease manual for storage only applies to T- hangars and storage
units.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: MuellerDebi
Sent: Tuesday, January 03, 2012 2:22 PM
To: CurryChris
Subject: RE: Mayhood Lease review
Sorry, yes I did. On page 4 paragraph 17 we need to change ninety days to one hundred twenty.
I also had a question regarding paragraph 21. It states that with respect to any terms in the sub -lease which are in
conflict with the Lease Manual, the Lease Manual shall control. My question is will the currently approved lease manual
for aircraft storage space also apply to these types of agreements?
From: CurryChris
Sent: Tuesday, January 03, 2012 2:15 PM
To: MuellerDebi
Subject: Mayhood Lease review
Debi, have you reviewed the lease for Corky Mayhood?
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
Under Florida Law, e-mail addresses are public records. If You do riot want Your e-mail address released in response to a public records request. do not send
electronic mail to this entity. Instead. contact this of by telephone or in writing.
Martha S. Vergara -*354J723/
From: CurryChris
Sent: Tuesday, January 03, 2012 3:47 PM
To: VergoThomas
Subject: Corky Mayhood Lease
Tom, I have attached a final copy of the lease for Mr. Corky Mayhood. As you will see there is a blank page left to insert
a description of Exhibit A. What I need from you is a sketch of Exhibit A that shows the correct measurement for the
amount of acreage leased to Mr. Mayhood to be 2 acres. The property should include the exclusive ramp area leading
to his building and a depiction of area that covers 2 acres.
Corky Mayhood
Lease Draft Ido...
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
Under Florida Law; e -mail addresses are public records. If you do riot want your e -mail address released in response to a public records request, do riot send
electronic mail to this entity Instead, contact this office by telephone or in wrlting-
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this day of February, 2012,
between the Board of County Commissioners of Collier County, Florida, acting in its capacity as
the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and Three
Mayhoods LLC., a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as
the "Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier, County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance On the erms and conditions set forth in this Sub - Lease, and in
consideration of the Sub,Lessee's performance under this Sub- Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Descriptioh of Sub - Leased Premises. The Sub- Leased Premises which is the subject
of this Sub -Lease is a two, (2) acre; area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on January 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub- Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub- Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
1
Revised: January 3, 2012 CAO
expense, shall remediate such hazardous substances, except if such hazardous substances were
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub - Lease, is for the Sub -
Lessee to operate , which use the Board of County
Commissioners, acting in its capacity as the Collier County Airport Authority, has found to be in
the public's interest. The Authority shall have the right to terminate this Sub -Lease should the
Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In the event
the Sub - Lessee shall cease to use the Premises for, the purposes' described above, and such
cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option of the
Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and the Sub -
Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice
of such termination, Provided, however, said sixty (60) day period shall be tolled if such
cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if such
cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority, plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
2
Revised: January 3, 2012 CAO
the most recent CPI published for the current lease year against the most recent CPI published
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub- Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs,, fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - Lessee shall not in any way encumber the Premises,
and shall promptly remove any and all liens placed aganst'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 madp`by the Sub - Lessee and liens for
improvements made by the Sub- Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any, part of either. This notice is given
pursuant to the provisions of and in compliance with Section 71110, Florida Statutes.
12. Obligation to Maintain Premises ands Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of-this Sub-LeasO', 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, be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating,
plumbing, and air conditioning). Such repair may also include structural repair, if deemed
necessary by the Sub- Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub -f -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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
3
Revised: January 3, 2012 CAO
14. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or i the Premises is damaged
to a less than material extent, as reasonably determined by the Sub-Lessee-and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts.to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any- compensation as a'result of such termination.
15. Access to 'Premises. The Authority, its duly` authorized agents, contractors,
representatives and employees, shall,have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required, repairs not being timely completed by the Sub - Lessee.
16. Sub- Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub- Lessee is expected to fake the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: January 3, 2012 CAO
18. Assignment. Sub- Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the'greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this SO,Leage 'to be taken under any writ of
execution and /or other process of 14 or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub-Lessee's interest therein or
any part thereof in violation of this Sub- Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub- Lessee is contesting in good faith the
validity of such lien,and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or' such additional time as is agreed to in writing by Authority as
being "reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. Remedies of Authority.
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
5
Revised: January 3, 2012 CAO
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages; arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable'to enforce the performance and observance of any obligation,
agreement or covenant of Sub- Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub- Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
n
Revised: January 3, 2012 CAO
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof ar of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the l st day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
1
21'' Rules and Regulations. The Sub - Lessee shall comply with the Authority's published
Rules and `Regulations for 1 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes; rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations. The Sub - 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
7
Revised: January 3, 2012 CAO
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be z 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. Time shall run only on business
days which, for purposes of this' Sub -Lease shall 'be any day other than a Saturday, Sunday or
legal public' holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
8
Revised: January 3, 2012 CAO
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing ,contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in;performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. ' Sub- Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge + any Hazardous Materials upon or about the
Sub - Leased Premises except in strict 'compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination, Clause. The Sub - 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
Sub - 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 Sub - Lessee shall use the Sub - 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
9
Revised: January 3, 2012 CAO
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 orsimilar use, and, if such lease is executed, the
provisions of this Lease Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended:i, xecuted agreerjt,-�nt shall be subordinate'to the provisions
of any existing or future Agreement lbetoVeen Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF,
Lease Agreement the day and year
AS TO THE SUB- LESSEE:
Witness (signature)
(print name)
Witness (signature)
(print name)
the Sub - Lessee and Authority have hereto executed this Sub -
first above written.
Leroy W. Mayhood
10
Revised: January 3, 2012 CAO
11
Revised: January 3, 2012 CAO
C
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By:
FRED W. COYLE, Chairman
12
Revised: January 3, 2012 CAO
13
Revised: January 3, 2012 CAO
Martha S. Ver ara =#&f W 23 2—
From: CurryChris
Sent: Thursday, January 05, 2012 3:39 PM
To: VergoThomas
Subject: RE: Corky Mayhood Lease
Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: VergoThomas
Sent: Thursday, January 05, 2012 3:31 PM
To: CurryChris
Subject: RE: Corky Mayhood Lease
Chris,
I reviewed the lease and did not see any issues related to the operation of the Airport.
Attached is a diagram that show the areas (shaded) that we are going to lease to Mr. Mayhood and another diagram
that has the lease dimensions of the areas we will lease him (in case you wanted to see the measurements).
Please let me know if you need anything else,
Thomas
<< File: Corky Lease Area Diagram - With Measurements and Notes.pdf >> << File: Mayhood Lease Diagram.pdf >>
From: CurryChris
Sent: Tuesday, January 03, 2012 3:47 PM
To: VergoThomas
Subject: Corky Mayhood Lease
Tom, I have attached a final copy of the lease for Mr. Corky Mayhood. As you will see there is a blank page left to insert
a description of Exhibit A. What I need from you is a sketch of Exhibit A that shows the correct measurement for the
amount of acreage leased to Mr. Mayhood to be 2 acres. The property should include the exclusive ramp area leading
to his building and a depiction of area that covers 2 acres.
<< File: Corky Mayhood Lease Draft 3.docx >>
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under Honda I aw, e-mail addresses are public records. If you do riot want your e-mail address released in response to a public records request do not send
electronic marl to this entity. Instead, contact this office by telephone or in writing.
Martha S. Vergara -4357
From: RaineyJennifer
Sent: Tuesday, January 03, 2012 2:56 PM
To: HillerGeorgia
Subject: Phone Message: Sue Mayhood (Tenement at the Immokalee Airport) would like to
discuss some issues with you re: Chris Curry 239 - 872 -8224
Thank you,
,Jennifer Rainey
Executive Aide to Board of County Commissioners
Aide to Commissioner Georgia Hiller, District #2
3299 Tamiami Trail East, Suite # 303
Naples, FL 34112
(239) 252 -8602
(239) 252 -6407 Fax
Under Florida Law, e -rnail addresses are public records. If you do not want your e -rnail 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_
Martha S. Ve
From: VergoThomas
Sent: Monday, December 19, 20117:37 AM
To: CurryChris
Subject: Accepted: DC Air - Corkey, Suzie Mayhood
'+, /Z'xt/ 2
Martha S. Vergara 3507235
From: VergoThomas
Sent: Friday, December 30, 20113:43 PM
To: CurryChris
Subject: Verification of Size of Corky Mayhood's Leased Area
Attachments: Corky Mayhood Land Lease Measurements 12- 30- 2011.pdf
Chris,
Staff went out to Corky Mayhood's land lease and measured the entire area. The open land measurements came out to
be 495 feet x 341 feet (168,795 square feet).
On his agreement, it states that his agreement is for 87,120 square feet.
Thomas
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.
OO rm� O
O
O
MW
�k
I
Aio
op—
41#11
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I
Martha S. Vergara
From: VergoThomas
Sent: Thursday, January 05, 2012 3:31 PM
To: CurryChris
Subject: RE: Corky Mayhood Lease
Chris,
CIA
I reviewed the lease and did not see any issues related to the operation of the Airport.
Attached is a diagram that show the areas (shaded) that we are going to lease to Mr. Mayhood and another diagram
that has the lease dimensions of the areas we will lease him (in case you wanted to see the measurements).
Please let me know if you need anything else,
Thomas
Corky Lease Area Mayhood Lease
Diagram - Wit... Diagram.pdf
From: CurryChris
Sent: Tuesday, January 03, 2012 3:47 PM
To: VergoThomas
Subject: Corky Mayhood Lease
Tom, I have attached a final copy of the lease for Mr. Corky Mayhood. As you will see there is a blank page left to insert
a description of Exhibit A. What I need from you is a sketch of Exhibit A that shows the correct measurement for the
amount of acreage leased to Mr. Mayhood to be 2 acres. The property should include the exclusive ramp area leading
to his building and a depiction of area that covers 2 acres.
<< File: Corky Mayhood Lease Draft 3.docx >>
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
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.
Woe ol
OAF
rrgo.
j
OVA
Martha S. Vergara !#-350237
Subject: Meeting Forward Notification: DC Air - Corkey, Suzie Mayhood
Start: Wed 12/28/201110:30 AM
End: Wed 12/28/201111:30 AM
Show Time As: Tentative
Recurrence: (none)
Meeting Status: Not yet responded
Organizer: BrueggemanDebra
Your meeting was forwarded
BrueggemanDebra has forwarded your meeting request to additional recipients.
Meeting
DC Air - Corkey, Suzie Mayhood
Meeting Time
Wednesday, December 28, 2011 10:30 AM-11:30 AM.
Recipients
VergoThomas
All times listed are in the following time zone: (GMT-05:00) Eastern Time (US & Canada)
Sent by Microsoft Exchange Server 2007
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 riot
send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Vergara #L T723�
From: WilliamsSteven
Sent: Monday, June 13, 20114:49 PM
To: NeetVirginia
Subject: FW: Immokalee Airport Subleases to Shepard
Attachments: # 1864199 _v2_- _BES_Shepard_Collier_ County _BOCC- SubLease_Bldgs._78.doc; #1864157
_v2_- _BES_Shepard_Collier_ County _BOCC- SubLease_Bldgs._1314.doc
Dinny,
These have messed with your beautiful work on the Immokalee Airport lease. Do you find anything in these leases that
is offensive to what we did before? They have clearly made two leases for the different time periods, but other than
that, have they attempted to mess with it?
I will review it as well.
Thanks,
sie-VX-L
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevemvi l liarrls(ozcol liergov.net
From: Bruce Sands [ma i Ito: Bruce. Sands @ hen law.com]
Sent: Friday, June 10, 20112:09 PM
To: WilliamsSteven
Cc: Greg; Bruce Sands
Subject: Immokalee Airport Subleases to Shepard
Mr. Williams:
I have been retained by Mr Shepard to assist him with the negotiations for his subleases on the Immokalee
Regional Airport. Mr. Shepard has, as best he could in the short time since I have been engaged, provided me
with the history regarding the negotiations and the existing animus between him and Mr. Curry, the Airport
director.
It is Mr. Shepard's goal to not only avoid rehashing all of the recent history, but to come to terms with regard
to the subleases on the Airport as quickly as possible.
I have reviewed the lease that your office provided, and after discussions with Mr. Shepard, have created 2
subleases (using nearly identical terms) because the term for one parcel is 3 years, and the term for the second
parcel is 10 years, and there exist other peculiarities between the buildings and improvements on the two
parcels. In short, it seems that having 2 subleases makes more sense.
While I found the original sublease to be fair in most provisions, I have made changes to other provisions to
make them a bit more even - handed. Please keep in mind that my client's biggest concern was removing any
ambiguities or subjective terms as to avoid (or at least minimize) the chance for "selective prosecution" by the
Airport Authority and /or County.
I also understand that the BOCC had instructed that the lease terms be worked out 2 months ago (and
calendared for next Tuesday's BOCC meeting), though Mr. Shepard was provided the lease only last
Thursday. Due to the extremely short window for negotiations, I have revised the rent section to address a
final determination regarding the rental rate (based on an aeronautical use versus a non - aeronautical use). Mr.
Shepard has enlightened me on the FAA rules and regs regarding such determination (and was flabbergasted
by a letter from the FAA to Mr. Curry, which letter contained numerous inaccuracies), and is in the process of
preparing a formal complaint to the FAA, while at the same time gathering his records to "prove" his
aeronautical use.
Please keep in mind that the museum is undergoing a huge financial strain during this economic free -fall and
has lost significant funding. The museum has, in the past, paid to bus school children from local schools to
visit the museum (and other affiliated museums to which Mr. Shepard is associated); however, these field trips
have been scarce recently due to a lack of available funds. Mr. Shepard is struggling desperately to keep the
museum viable, which is one reason why he had asked for a reduction in rent last December.
I understand that to help solve this issue, the Airport agreed to reduce the footprint of the premises, thus
reducing the rental amount even though the rate had increase by 100% per square foot.
As a final note, I must inform you that, unfortunately, I am leaving town later today to attend a seminar in
California next week, then taking vacation the following week. So, I won't be back in the office until June
27. I will have limited access to email, though; but am hopeful that you will agree to the proposed changes
and that any revisions that you find necessary will be minimal enough for Mr. Shepard to understand and
ultimately agree with.
We do appreciate your assistance in this matter, and are very hopeful that the parties can come to terms
without any further angst.
Thanks,
Bruce
Bruce Sands
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial: 239.344.1262
Direct Fax: 239.344.1546
Bruce.Sands@henlaw.com
www.henlaw.com
LH
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SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this day of , 2011,
between the Board of County Commissioners of Collier County, Florida, acting in its capacity as
the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and Gregory
Shepard, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the
"Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the
subject of this Sub -Lease are the parcels improved with Buildings 13 and 14, and the future site of
private outdoor fuel tanks located at the Immokalee Regional Airport, Airpark Boulevard,
Immokalee, Florida as identified in attached Exhibit ", hereinafter referred to as the
"Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first
set forth above and shall continue for a period of ten (10) years, unless extended as set forth
herein. In addition, the following shall apply:
a. Buildings 13 and 14 - Based upon a received engineering report stating the
expected life spans of Buildings 13 and 14 exceed 10 years, Buildings 13 and 14 shall be
leased for 10 years. The leasable area shall be 250' by 100' totaling 25,000 square feet for
both buildings.
b. Outdoor Fuel Tanks — The Sub - Lessee shall have two (2) years to relocate the Fuel
Tanks (currently located adjacent to Buildings 7 and 8) onto the Premises. The Fuel
Tanks are permitted for a period of ten (10) years. The Fuel Tanks shall be solely for the
Sub - Lessee's use.
#1864157v2
June 9, 2011
Upon the expiration of the lease term, Buildings 13 and 14 shall remain under the
ownership of the Sub - Lessee or his assignee. However, should Sub - Lessee or his assignee
fail to remove one or both buildings within ninety (90) days of said expiration date (unless
the term of this Sub -Lease has been extended by the Parties), any building left standing on
the Premises shall become the property of the Immokalee Regional Airport or its assigns.
If the Sub - Lessee holds over after the expiration of the Sub -Lease term, such tenancy shall
be from month to month under all of the terms, covenants and conditions of this Sub -
Lease subject, however, to the Authority's right to seek legal relief to eject the Sub - Lessee
from the Premises as a holdover.
4. Conditions to Conveyance. The Sub - Lessee warrants and represents to the
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 laws or ordinances; and
C. The Sub - Lessee's reasonable performance of all terms and conditions of this Sub -
Lease.
5. Use of Premises. The Sublessee may utilize the Premises for any use which
complies with any codes and regulations established by the Federal Aviation Administration
( "FAA ") applicable to the Sublessee or his assigns. The Authority shall have the right to
terminate this Sub -Lease should the Sub - Lessee or his assigns utilize the Premises in any manner
inconsistent with the approved use. In the event the Sub- Lessee shall cease to use the Premises
for the purposes described above, and such cessation of use shall continue for a period of sixty
(60) days, this Sub - Lease, at the option of the Authority, upon thirty (30) days written notice to
the Sub - Lessee, shall be terminated and the Sub - Lessee shall surrender and vacate the Premises to
the Authority within thirty (30) days after notice of such termination. Provided, however, said
sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of the
Sub - Lessee such as acts of God or if such cessation is due to closing for reconstruction or repairs
to the Premises.
6. Permissible Alternations and Additions to Premises. The Sub - Lessee may not
make any material structural alterations or additions to the Premises without first obtaining the
Authority's prior written consent, which consent may not be unreasonable withheld. The Sub -
Lessee shall submit to the Authority plans and specifications for all alterations and additions at
the time such consent is sought.
7. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot per annum for aeronautical use, or in the amount of $0.14 per square foot per annum
for non - aeronautical use, based on the FAA's final determination of the use of the Premises
(which use is currently in dispute). Until such time as the FAA has made such final
determination, the Sub - Lessee shall pay $0.14 per square foot per annum to the Authority. In the
event the FAA deems the use of the Premises to be aeronautical in nature, the Authority shall
-2-
#1864157v2
June 9, 2011
credit Sub- Lessee for the overpaid rent on subsequent invoices. The rent shall be paid in advance,
for each month during the term of this Sub - Lease.
8. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
9. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
10. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
11. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as
the Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub -
Lessee shall have the exclusive right to use the Premises during the term of this Sub - Lease.
During the term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises.
Any such signage shall be in compliance with all applicable codes and ordinances.
12. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
the Sub - Lessee shall have the option, at Sub - Lessee's sole discretion, to use the insurance
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proceeds ( "Proceeds ") to rebuild or restore the Premises to substantially its condition prior to such
casualty, or retain the Proceeds and terminate this Sub -Lease by providing notice to the Authority
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, Sub - Lessee will cease its operations as may be necessary or appropriate. If this Sub -
Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material
extent, as reasonably determined by the Sub - Lessee, the Sub - Lessee will proceed with reasonable
diligence, at no cost or expense to the Authority, to rebuild and repair the Premises to
substantially the condition as existed prior to the casualty.
b. Condemnation. If the entire Premises should be permanently taken, condemned
or transferred by agreement in lieu of condemnation, this Sub -Lease will terminate as of the time
possession thereof is required for public use. If a portion of the Premises should be taken,
condemned or transferred as aforesaid, the Sub - Lessee may elect to either terminate this Sub -
Lease or, relocate to another area within the Airport mutually agreed upon by the Parties. The
Authority will be entitled to receive all compensation attributed to the land; however, the Sub -
Lessee shall be entitled to claim, prove and receive in such condemnation proceedings such award
as may be allowed for all buildings, improvements, fixtures and other equipment located on the
Premises, and for or on account of any damage to Tenant's business by reason of the
condemnation and for or on account of any cost or loss which Tenant might incur in removing
Tenant's merchandise, furniture, fixtures, and equipment, or the loss of Tenant's business or
decrease in value thereof. In no event will the Authority be liable to the Sub - Lessee for any
compensation as a result of such termination.
13. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after a minimum forty -eight (48) hours written
notice to the Sub - Lessee, to enter into and upon the Premises during normal business hours, or
such other times with the consent of the Sub - Lessee, to inspect the Premises, verify compliance
with the terms of this Sub- Lease, or make any required repairs not being timely completed by the
Sub - Lessee.
14. Assignment. Authority and Sub - Lessee may freely assign this Sub -Lease upon
written notice to Sub - Lessee to the other party.
15. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
16. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee:
Abandonment of Premises by the Sub - Lessee.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
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iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and /or other process of law or equity.
iv. Any lien is filed against the Premises or any part thereof in violation of this
Sub - Lease, or otherwise, and the same remains unreleased for a period of
sixty (60) days from the date Sub - Lessee receives notice thereof unless
within such period Sub - Lessee is contesting in good faith the validity of
such lien and such lien is appropriately bonded.
V. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating, properly
and in meaningful detail specifying wherein, in Authority's judgment or
opinion, Sub - Lessee has failed to perform any such obligation(s) (or such
additional time as is reasonably necessary provided Sub - Lessee diligently
pursues such cure).
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 upon receipt of an order from a court of competent
jurisdiction 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 Sub - Lessee,
upon proper notice and legal process, without being deemed guilty of
trespass, or being liable for any loss or damage which may be occasioned
thereby. If Sub - Lessee does not cure the defaults in the time frames as set
forth above, and Authority has removed and stored property, Authority
shall not be required to store for more than ninety (90) 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 Sub -
Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than ten (10) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts not paid within ten (10) days of being 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 Sub - Lessee to Authority.
iii. The Authority may sue for direct, actual damages arising out of such
default of Sub - Lessee or apply for injunctive relief as may appear
necessary or desirable to enforce the performance and observance of any
obligation, agreement or covenant of Sub - Lessee under this Sub - Lease, or
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otherwise. Authority shall be entitled to reasonable attorneys fees and
costs incurred arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. The Authority shall not be deemed to be in 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 so long as Authority diligently pursues the cure such default) after
written notice to Authority by Sub - Lessee properly and in meaningful detail specifying
wherein, in Sub - Lessee's judgment or opinion, Authority has failed to perform any such
obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub- Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
Sub - Lessee may sue for direct, actual damages arising out of such default
of Authority or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Sub - Lessee shall be entitled to reasonable attorneys fees and costs incurred
arising out of Authority's default under this Sub - Lease.
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - Lessee on behalf
of Authority; and any amounts not paid within ten (10) days of demand
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 Authority to
Sub - Lessee.
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 Sub -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 Authority or
Sub - Lessee is a material inducement and consideration for the execution of this Sub -Lease
by Sub - Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of
any provision of this Sub -Lease will be deemed for any purpose to be a waiver of any
breach of any other provision hereof or of any continuing or subsequent breach of the
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same provision, irrespective of the length of time that the respective breach may have
continued.
17. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease Manual
(if any), which the Authority may be amend from time to time. The reasonable terms of this
manual shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall
use reasonable efforts to comply with the terms of this Lease Manual, as of the 1St day of the
second month the Sub - Lessee receives a copy of the Lease Manual or an amended Lease Manual.
With respect to any terms in this Sub -Lease which are in conflict with the Lease Manual, the Sub -
Lease shall control. Notwithstanding the foregoing, Sub - Lessee shall not be required to comply
with any provision of the Lease Manual which exceeds or violates current FAA regulations, in
Sub- Lessee's sole and reasonable discretion.
18. Rules and Regulations; The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
19. Airport Development. The Authority reserves the right to further develop or
improve the landing and other areas of the Airport as approved by the FAA and Board of County
Commissioners of Collier County, Florida, regardless of the convenience, desires or view of the
Tenant, and without undue interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
20. Airport Operations. The Sub - Lessee shall not intentionally interfere with or adversely
affect the operation or maintenance of the Airport, or otherwise create a airport hazard; and, will
restrict the height of structures, objects of natural growth and other obstructions on the Premises to
such height as to comply with Federal Aviation Regulations, Part 77.
21. Notice. Except as otherwise provided herein, this Sub -Lease shall only be amended
by mutual written consent of the Parties hereto or by their successors in interest. Notices
hereunder shall be given to the Parties set forth below and shall be made by hand delivery,
overnight delivery or by regular mail, postage prepaid. For the purpose of calculating time limits
which run from the giving of a particular notice, notice shall be deemed to have been given on the
date of hand delivery, the confirmed date of delivery by the overnight service, or two (2) days
from the date deposited with the United States Post Office. Time shall run only on business days
which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or legal
public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
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cc: Collier County Manager
Collier County Government Center
3299 Tamiami Trail, East, Suite 202
Naples, Florida 34112
If to Sub - Lessee: Gregory Shepard
2243 Widman Way
Fort Myers, Florida 33901
cc: Henderson Franklin Starnes & Holt, P.A.
Attn: Bruce E. Sands, Esq.
P.O. Box 280
1715 Monroe St.
Ft. Myers, FL 33901
22. Force Maieure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
23. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
24. Nondiscrimination Clause. The Sub- 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
Sub - 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 Sub - Lessee shall use the Sub - 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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
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25. Radon. 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.
26. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
27. Miscellaneous.
a. This Sub -Lease shall be construed by and controlled under the laws of the
State of Florida. In the event of a dispute under this Sub- 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 Sub - Lease, which Court the Parties agree to have the
sole and exclusive jurisdiction.
b. This Sub -Lease contains the entire agreement of the Parties with respect to
the matters covered by this Sub -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
Sub -Lease shall be binding or valid. Time is of the essence in the doing, performance and
observation of each and every term, covenant and condition of this Sub -Lease by the
Parties.
C. In the event state or federal laws are enacted after the execution of this Sub -
Lease, which are applicable to and preclude in whole or in part the Parties' compliance
with the terms of this Sub - Lease, then in such event this Sub -Lease shall be modified or
revoked as is necessary to comply with such laws, in a manner which best reflects the
intent of this Sub - Lease.
d. Sub - Lessee is an independent entity, and is not any agent or representative
or employee of Authority. During the term of this Sub- Lease, neither Sub- Lessee, nor
anyone acting on behalf of Sub - Lessee, shall 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 Sub -
Lease or to have any rights to enforce this Sub -Lease against either party hereto or
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June 9, 2011
otherwise. Nothing contained in this Sub -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. Sub - 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
Sub - 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.
e. This Sub -Lease Agreement may be recorded by the Authority in the
Official Records of Collier County, Florida, within fourteen (14) days after the execution
of this Sub - Lease, at the Authority's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
Witness (signature)
(print name)
Witness (signature)
(print name)
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
GREGORY SHEPARD
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
mm
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FRED W. COYLE, Chairman
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this day of , 2011,
between the Board of County Commissioners of Collier County, Florida, acting in its capacity as
the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and Gregory
Shepard, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the
"Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease are the parcels improved with Buildings 7 and 8, and the site of private outdoor
fuel tanks located at the Immokalee Regional Airport, Airpark Boulevard, Immokalee, Florida as
identified in attached Exhibit " ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above and shall continue for a period of three (3) years, unless extended as set forth herein.
In addition, the following shall apply:
a. Buildings 7 and 8 - The leasable area for Buildings 7 and 8 shall be 175' by 175'
totaling 30,625 square feet.
b. Outdoor Fuel Tanks — The Sub - Lessee shall have two (2) years to relocate or remove
the Fuel Tanks. The Fuel Tanks are permitted for a period of ten (10) years. The Fuel
Tanks shall be solely for the Sub - Lessee's use.
Upon the expiration of the lease term, Building 7 shall remain under the ownership of the
Sub - Lessee or his assignee. However, should Sub - Lessee or his assignee fail to remove
Building 7 from the Premises within ninety (90) days of said expiration date, Building 7
shall become the property of the Immokalee Regional Airport or its assigns.
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Upon the expiration of the lease term, Building 8 shall be removed from the Premises or
torn down.
If the Sub - Lessee holds over after the expiration of the Sub -Lease term, such tenancy shall
be from month to month under all of the terms, covenants and conditions of this Sub -
Lease subject, however, to the Authority's right to seek legal relief to eject the Sub - Lessee
from the Premises as a holdover.
4. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances; and
c. The Sub - Lessee's reasonable performance of all terms and conditions of this Sub -
Lease.
5. Use of Premises. The Sublessee may utilize the Premises for any use which complies
with any codes and regulations established by the Federal Aviation Administration ( "FAA ")
applicable to the Sublessee or his assigns. The Authority shall have the right to terminate this
Sub -Lease should the Sub - Lessee or his assigns utilize the Premises in any manner inconsistent
with the approved use. In the event the Sub - Lessee shall cease to use the Premises for the
purposes described above, and such cessation of use shall continue for a period of sixty (60) days,
this Sub - Lease, at the option of the Authority, upon thirty (30) days written notice to the Sub -
Lessee, shall be terminated and the Sub- Lessee shall surrender and vacate the Premises to the
Authority within thirty (30) days after notice of such termination. Provided, however, said sixty
(60) day period shall be tolled if such cessation is caused by events beyond the control of the Sub -
Lessee such as acts of God or if such cessation is due to closing for reconstruction or repairs to
the Premises.
6. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any material structural alterations or additions to the Premises without first obtaining the
Authority's prior written consent, which consent may not be unreasonable withheld. The Sub -
Lessee shall submit to the Authority plans and specifications for all alterations and additions at
the time such consent is sought.
7. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot per annum for aeronautical use, or in the amount of $0.14 per square foot per annum
for non - aeronautical use, based on the FAA's final determination of the use of the Premises
(which use is currently in dispute). Until such time as the FAA has made such final
determination, the Sub - Lessee shall pay $0.14 per square foot per annum to the Authority. In the
event the FAA deems the use of the Premises to be aeronautical in nature, the Authority shall
credit Sub - Lessee for the overpaid rent on subsequent invoices. The rent shall be paid in advance,
for each month during the term of this Sub - Lease.
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8. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for all
costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly pay
when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments,
utility charges, impact fees and obligations of any kind that relate to the Premises. To the extent
authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless from any and
all claims, costs and obligations arising from the Sub - Lessee's use of the Premises. In case any
action or proceeding is brought against the Authority by reason of the Sub - Lessee's use of the
Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting
therefrom and shall defend such action or proceeding if the Authority shall so request, at the Sub -
Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically agreed
however, that the Authority may at its own cost and expense participate in the legal defense of
such claim, with legal counsel of its choosing.
9. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
10. Qbligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
11. Quiet Enjoyment. The Sub- Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub- Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
12. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
the Sub - Lessee shall have the option, at Sub - Lessee's sole discretion, to use the insurance
proceeds ( "Proceeds ") to rebuild or restore the Premises to substantially its condition prior to such
casualty, or retain the Proceeds and terminate this Sub -Lease by providing notice to the Authority
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June 9, 2011
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, Sub - Lessee will cease its operations as may be necessary or appropriate. If this Sub -
Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material
extent, as reasonably determined by the Sub - Lessee, the Sub - Lessee will proceed with reasonable
diligence, at no cost or expense to the Authority, to rebuild and repair the Premises to
substantially the condition as existed prior to the casualty.
b. Condemnation. If the entire Premises should be permanently taken, condemned or
transferred by agreement in lieu of condemnation, this Sub -Lease will terminate as of the time
possession thereof is required for public use. If a portion of the Premises should be taken,
condemned or transferred as aforesaid, the Sub - Lessee may elect to either terminate this Sub -
Lease or, relocate to another area within the Airport mutually agreed upon by the Parties. The
Authority will be entitled to receive all compensation attributed to the land; however, the Sub -
Lessee shall be entitled to claim, prove and receive in such condemnation proceedings such award
as may be allowed for all buildings, improvements, fixtures and other equipment located on the
Premises, and for or on account of any damage to Tenant's business by reason of the
condemnation and for or on account of any cost or loss which Tenant might incur in removing
Tenant's merchandise, furniture, fixtures, and equipment, or the loss of Tenant's business or
decrease in value thereof. In no event will the Authority be liable to the Sub - Lessee for any
compensation as a result of such termination.
13. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after a minimum forty -eight (48) hours written
notice to the Sub - Lessee, to enter into and upon the Premises during normal business hours, or
such other times with the consent of the Sub - Lessee, to inspect the Premises, verify compliance
with the terms of this Sub - Lease, or make any required repairs not being timely completed by the
Sub - Lessee.
14. Assignment. Authority and Sub - Lessee may freely assign this Sub -Lease upon
written notice to Sub - Lessee to the other party.
15. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
16. Defaults and Remedies.
a. Defaults by Sub- 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 Sub - Lessee:
i. Abandonment of Premises by the Sub - Lessee.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and /or other process of law or equity.
Q
#1864199v2
June 9, 2011
iv. Any lien is filed against the Premises or any part thereof in violation of this
Sub - Lease, or otherwise, and the same remains unreleased for a period of
sixty (60) days from the date Sub - Lessee receives notice thereof unless
within such period Sub - Lessee is contesting in good faith the validity of
such lien and such lien is appropriately bonded.
V. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating, properly
and in meaningful detail specifying wherein, in Authority's judgment or
opinion, Sub - Lessee has failed to perform any such obligation(s) (or such
additional time as is reasonably necessary provided Sub - Lessee diligently
pursues such cure).
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 upon receipt of an order from a court of competent
jurisdiction 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 Sub - Lessee,
upon proper notice and legal process, without being deemed guilty of
trespass, or being liable for any loss or damage which may be occasioned
thereby. If Sub - Lessee does not cure the defaults in the time frames as set
forth above, and Authority has removed and stored property, Authority
shall not be required to store for more than ninety (90) 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 Sub -
Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than ten (10) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts not paid within ten (10) days of being 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 Sub - Lessee to Authority.
iii. The Authority may sue for direct, actual damages arising out of such
default of Sub - Lessee or apply for injunctive relief as may appear
necessary or desirable to enforce the performance and observance of any
obligation, agreement or covenant of Sub - Lessee under this Sub - Lease, or
otherwise. Authority shall be entitled to reasonable attorneys fees and
costs incurred arising out of Sub - Lessee's default under this Sub - Lease.
-5-
#1864199v2
June 9, 2011
c. Default by Authority. The Authority shall not be deemed to be in 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 so long as Authority diligently pursues the cure such default) after
written notice to Authority by Sub - Lessee properly and in meaningful detail specifying
wherein, in Sub - Lessee's judgment or opinion, Authority has failed to perform any such
obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
Sub - Lessee may sue for direct, actual damages arising out of such default
of Authority or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Sub - Lessee shall be entitled to reasonable attorneys fees and costs incurred
arising out of Authority's default under this Sub - Lease.
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - Lessee on behalf
of Authority; and any amounts not paid within ten (10) days of demand
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 Authority to
Sub - Lessee.
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 Sub -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 Authority or
Sub - Lessee is a material inducement and consideration for the execution of this Sub -Lease
by Sub - Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of
any provision of this Sub -Lease will be deemed for any purpose to be a waiver of any
breach of any other provision hereof or of any continuing or subsequent breach of the
same provision, irrespective of the length of time that the respective breach may have
continued.
-6-
#1864199v2
June 9, 2011
17. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease Manual
(if any), which the Authority may be amend from time to time. The reasonable terms of this
manual shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall
use reasonable efforts to comply with the terms of this Lease Manual, as of the 1 S` day of the
second month the Sub - Lessee receives a copy of the Lease Manual or an amended Lease Manual.
With respect to any terms in this Sub -Lease which are in conflict with the Lease Manual, the Sub -
Lease shall control. Notwithstanding the foregoing, Sub - Lessee shall not be required to comply
with any provision of the Lease Manual which exceeds or violates current FAA regulations, in
Sub - Lessee's sole and reasonable discretion.
18. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
19. Airport Development. The Authority reserves the right to further develop or improve the
landing and other areas of the Airport as approved by the FAA and Board of County
Commissioners of Collier County, Florida, regardless of the convenience, desires or view of the
Tenant, and without undue interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
20. Airport Operations. The Sub - Lessee shall not intentionally interfere with or adversely
affect the operation or maintenance of the Airport, or otherwise create a airport hazard; and, will
restrict the height of structures, objects of natural growth and other obstructions on the Premises to
such height as to comply with Federal Aviation Regulations, Part 77.
21. Notice. Except as otherwise provided herein, this Sub -Lease shall only be amended
by mutual written consent of the Parties hereto or by their successors in interest. Notices
hereunder shall be given to the Parties set forth below and shall be made by hand delivery,
overnight delivery or by regular mail, postage prepaid. For the purpose of calculating time limits
which run from the giving of a particular notice, notice shall be deemed to have been given on the
date of hand delivery, the confirmed date of delivery by the overnight service, or two (2) days
from the date deposited with the United States Post Office. Time shall run only on business days
which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or legal
public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
cc: Collier County Manager
Collier County Government Center
3299 Tamiami Trail, East, Suite 202
Naples, Florida 34112
-7-
#1864199v2
June 9, 2011
If to Sub - Lessee: Gregory Shepard
2243 Widman Way
Fort Myers, Florida 33901
cc: Henderson Franklin Starnes & Holt, P.A.
Attn: Bruce E. Sands, Esq.
P.O. Box 280
1715 Monroe St.
Ft. Myers, FL 33901
22. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
23. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
24. Nondiscrimination Clause. The Sub - 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
Sub - 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 Sub - Lessee shall use the Sub - 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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
-8-
#1864199v2
June 9, 2011
25. Radon. 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.
26. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
27. Miscellaneous.
a. This Sub -Lease shall be construed by and controlled under the laws of the
State of Florida. In the event of a dispute under this Sub - 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 Sub- Lease, which Court the Parties agree to have the
sole and exclusive jurisdiction.
b. This Sub -Lease contains the entire agreement of the Parties with respect to
the matters covered by this Sub -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
Sub -Lease shall be binding or valid. Time is of the essence in the doing, performance and
observation of each and every term, covenant and condition of this Sub -Lease by the
Parties.
C. In the event state or federal laws are enacted after the execution of this Sub -
Lease, which are applicable to and preclude in whole or in part the Parties' compliance
with the terms of this Sub - Lease, then in such event this Sub -Lease shall be modified or
revoked as is necessary to comply with such laws, in a manner which best reflects the
intent of this Sub - Lease.
d. Sub - Lessee is an independent entity, and is not any agent or representative
or employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor
anyone acting on behalf of Sub - Lessee, shall 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 Sub -
Lease or to have any rights to enforce this Sub -Lease against either party hereto or
otherwise. Nothing contained in this Sub -Lease will constitute the Parties as partners or
M
#1864199v2
June 9, 2011
joint ventures for any purpose, it being the express intention of the Parties that no such
partnership or joint venture exists or will exist. Sub - Lessee acknowledges that Authority
is not providing any vacation time, sick pay, or other welfare or retirement benefits
normally associated with an employee - employer relationship and that Authority excludes
Sub - Lessee and its employees from participation in all health and welfare benefit plans
including vacation, sick leave, severance, life, accident, health and disability insurance,
deferred compensation, retirement and grievance rights or privileges.
e. This Sub -Lease Agreement may be recorded by the Authority in the
Official Records of Collier County, Florida, within fourteen (14) days after the execution
of this Sub - Lease, at the Authority's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
Witness (signature)
(print name)
Witness (signature)
(print name)
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
LOW
, Deputy Clerk
Approved as to form
and legal sufficiency:
#1864199v2
June 9, 2011
58-n
GREGORY SHEPARD
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
BY:
FRED W. COYLE, Chairman
-10-
Steven T. Williams
Assistant County Attorney
-11-
#1864199v2
June 9, 2011
Martha S. Vergara —+35 72,3q
From: WilliamsSteven
Sent: Tuesday, June 28, 20113:13 PM
To: CurryChris
Subject: FW: Immokalee Airport Subleases to Shepard - follow up
FYI...
c„ rteevm
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams@collierp,ov.net
From: Bruce Sands rmailto:Bruge.Sands @henlaw.coml
Sent: Tuesday, June 28, 20113:13 PM
To: WilliamsSteven
Cc: Greg; Bruce Sands
Subject: Immokalee Airport Subleases to Shepard - follow up
Steve:
I wanted to follow up on the status of the leases, as well as some additional issues to which Mr Shepard inquired.
First, I had made changes to the Lease form, including (but not limited to) Section 5 (Use of Premises) to state:
The Sublessee may utilize the Premises for any use which complies with any codes and regulations established by the
Federal Aviation Administration ( "FAA ") applicable to the Sublessee or his assigns.
informed my client that you were reluctant to change the language in the subleases, so Mr. Shepard followed up with the
following questions:
Could you please clarify? Under paragraph 5; Use of Premises. The sole and exclusive purpose of this Sub -Lease is for
the Sub - Lessee to operate a non - profit museum.
Will I be permitted it's use for my own aircraft, aircraft on loan to the museum or myself and if I assign the lease can the
assigned operate his aircraft and /or business without violating the lease?
Also, my client contacted Debbie Muller and requested a copy of all of the additional fees that he has been paying (above
and beyond rental payments) which were required for restoration, maintenance, storage and crop dusting on the
Immokalee airport. Her response to my client was "it will take some time ", but it should be a rather simple procedure to
print out his payment history. Could your office request a copy and forward this history to me?
My client also requested a copy of the letter from Mr. Curry to the other private owned hanger on the field which is owned
by Mr. Mayhood. It's a larger hanger than my client's and used to store personal aircraft (Mr. Shepard used to share this
hanger with Mr. Mayhood). It is my client's understanding that Mr. Curry sent Mr. Mayhood a letter stating that although
his lease expired in March, he could continue to pay his original amount $0.07 per sq ft per year until a new lease was
signed. Mr. Shepard's lease was up in December, but for some reason Mr. Curry (as approved by your office) raised my
client's price per square foot to $0.10 from $0.05 before Mr. Shepard's new lease is signed. May I have a copy of this
letter as well?
Finally, my client mentioned that one of the terms that has not yet been addressed in the sublease(s) is the fact that as he
removes certain improvements (the fuel tanks and /or one or more structures), the area included in the demised premises
would be reduced, having the net effect of reducing his rental payments. Please incorporate this provision in the revised
subleases.
We appreciated your assistance in this matter.
Thanks,
Bruce
Bruce Sands
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial: 239.344.1262
Direct Fax: 239.344.1546
Bruce.Sands@henlaw.com
www.henlaw.com
•
D ,"
CONFIDENTIALITY STATEMENT
Henderson, Franklin, Starnes & Holt, P.A.
The information contained in this transmission may contain privileged and confidential information. It is intended only for
the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review,
dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply e-mail and destroy all copies of the original message.
To reply to our e-mail administrator directly, please send an e-mail to administrator(- henlaw.com
IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230, this is to advise you unless we otherwise
expressly state in writing, e-mail communications, including all attachments, from this firm are not intended or written to
be used, and cannot be used, for the purpose of avoiding tax - related penalties. If you wish to engage this firm to provide
formal written advice as to federal or state tax issues, please contact the sender.
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.
Martha S. V
From: Bruce Sands <Bruce.Sands @henlaw.com>
Sent: Tuesday, June 28, 20113:13 PM
To: WilliamsSteven
Cc: Greg; Bruce Sands
Subject: Immokalee Airport Subleases to Shepard - follow up
- 35-V72
Steve:
I wanted to follow up on the status of the leases, as well as some additional issues to which Mr Shepard inquired.
First, I had made changes to the Lease form, including (but not limited to) Section 5 (Use of Premises) to state:
The Sublessee may utilize the Premises for any use which complies with any codes and regulations established by the
Federal Aviation Administration ( "FAA ") applicable to the Sublessee or his assigns.
I informed my client that you were reluctant to change the language in the subleases, so Mr. Shepard followed up with the
following questions:
Could you please clarify? Under paragraph 5; Use of Premises. The sole and exclusive purpose of this Sub -Lease is for
the Sub - Lessee to operate a non - profit museum.
Will I be permitted it's use for my own aircraft, aircraft on loan to the museum or myself and if I assign the lease can the
assigned operate his aircraft and /or business without violating the lease?
Also, my client contacted Debbie Muller and requested a copy of all of the additional fees that he has been paying (above
and beyond rental payments) which were required for restoration, maintenance, storage and crop dusting on the
Immokalee airport. Her response to my client was "it will take some time ", but it should be a rather simple procedure to
print out his payment history. Could your office request a copy and forward this history to me?
My client also requested a copy of the letter from Mr. Curry to the other private owned hanger on the field which is owned
by Mr. Mayhood. It's a larger hanger than my client's and used to store personal aircraft (Mr. Shepard used to share this
hanger with Mr. Mayhood). It is my client's understanding that Mr. Curry sent Mr. Mayhood a letter stating that although
his lease expired in March, he could continue to pay his original amount $0.07 per sq ft per year until a new lease was
signed. Mr. Shepard's lease was up in December, but for some reason Mr. Curry (as approved by your office) raised my
client's price per square foot to $0.10 from $0.05 before Mr. Shepard's new lease is signed. May I have a copy of this
letter as well?
Finally, my client mentioned that one of the terms that has not yet been addressed in the sublease(s) is the fact that as he
removes certain improvements (the fuel tanks and /or one or more structures), the area included in the demised premises
would be reduced, having the net effect of reducing his rental payments. Please incorporate this provision in the revised
subleases.
We appreciated your assistance in this matter.
Thanks,
Bruce
Bruce Sands
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial: 239.344.1262
Direct Fax: 239.344.1546
Bruce. SandsCcD-henlaw.com
www.henlaw.com
tft Henderson I�.I i
W A"
E Fran , n
h..
CONFIDENTIALITY STATEMENT
Henderson, Franklin, Starnes & Holt, P.A.
The information contained in this transmission may contain privileged and confidential information. It is intended only for
the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review,
dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply e-mail and destroy all copies of the original message.
To reply to our e-mail administrator directly, please send an e-mail to administrator henlaw.com
IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230, this is to advise you unless we otherwise
expressly state in writing, e-mail communications, including all attachments, from this firm are not intended or written to
be used, and cannot be used, for the purpose of avoiding tax - related penalties. If you wish to engage this firm to provide
formal written advice as to federal or state tax issues, please contact the sender.
Martha S. Vergara
From:
Sent:
To:
Subject:
Steve, my reply to the following:
CurryChris
Tuesday, June 28, 20113:35 PM
WilliamsSteven
RE: Immokalee Airport Subleases to Shepard - follow up
4k3 jW7
The Sublessee may utilize the Premises for any use which complies with any codes and regulations established by the
Federal Aviation Administration ( "FAA ") applicable to the Sublessee or his assigns.
The tenant, Mr. Shepard will use the premises for those uses that are allowed in the lease. The FAA regulations does not
supersede the uses permitted under our lease unless we are in violation of the Grant Assurances.
Could you please clarify? Under paragraph 5; Use of Premises. The sole and exclusive purpose of this Sub -Lease is for
the Sub - Lessee to operate a non - profit museum.
Will I be permitted it's use for my own aircraft, aircraft on loan to the museum or myself and if I assign the lease can the
assigned operate his aircraft and /or business without violating the lease?
This is a good general statement. However, the intent is for Mr. Shepard to only store aircraft that are affiliated with the
airport whether they are loaned or owned. Mr. Shepard must provide proof to the airport of those aircraft when they
arrive on the airport that fall under this category. He should not be permitted to store other aircraft not affiliated with
the museum because he is then competing with the Collier County Airport Authority as the FBO which conducts the
business of charging for tie -down or hangar storage of aircraft.
Mr. Mayhood has started payments of $0.10 per square foot in May 2011
In addition, at the expiration of his lease all property will return to the ownership of the Collier County Airport
Authority. This is consistent with Airport Authority language throughout the Airport community and the direction the
airports should go in the future.
Fuel tanks will have two years to relocate or remove fuel tanks. However, he cannot use the fuel tanks until he applies
and complies with the Collier County Airport Self - Fueling permit.
The intent is to relocate the tanks to the area occupied by buildings 13 and 14 if approved by the Airport
Authority. However, an environmental assessment will be performed prior to the tanks being located to any area. That
way we have a baseline established.
Upon expiration of the lease term, Building 7 shall be torn down in the same manner as Building 8.
In the event that the tenant holds over, we should insist on the clause we currently have to charge double rent. This will
prevent the situation that we currently are having today.
These are some of my initial comments although I still have a small amount of review left.
if you have any questions give me a call. Chris
From: WilliamsSteven
Sent: Tuesday, June 28, 20113:13 PM
To: CurryChris
Subject: FW: Immokalee Airport Subleases to Shepard - follow up
FYI...
crtcvz
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwil liams(r)colliergov.net
From: Bruce Sands [mailto:Bruce.Sands @henlaw.com]
Sent: Tuesday, June 28, 20113:13 PM
To: WilliamsSteven
Cc: Greg; Bruce Sands
Subject: Immokalee Airport Subleases to Shepard - follow up
Steve
I wanted to follow up on the status of the leases, as well as some additional issues to which Mr Shepard inquired.
First, I had made changes to the Lease form, including (but not limited to) Section 5 (Use of Premises) to state:
The Sublessee may utilize the Premises for any use which complies with any codes and regulations established by the
Federal Aviation Administration ( "FAA ") applicable to the Sublessee or his assigns.
I informed my client that you were reluctant to change the language in the subleases, so Mr. Shepard followed up with the
following questions:
Could you please clarify? Under paragraph 5; Use of Premises. The sole and exclusive purpose of this Sub -Lease is for
the Sub - Lessee to operate a non - profit museum.
Will I be permitted it's use for my own aircraft, aircraft on loan to the museum or myself and if I assign the lease can the
assigned operate his aircraft and /or business without violating the lease?
Also, my client contacted Debbie Muller and requested a copy of all of the additional fees that he has been paying (above
and beyond rental payments) which were required for restoration, maintenance, storage and crop dusting on the
Immokalee airport. Her response to my client was "it will take some time ", but it should be a rather simple procedure to
print out his payment history. Could your office request a copy and forward this history to me?
My client also requested a copy of the letter from Mr. Curry to the other private owned hanger on the field which is owned
by Mr. Mayhood. It's a larger hanger than my client's and used to store personal aircraft (Mr. Shepard used to share this
hanger with Mr. Mayhood). It is my client's understanding that Mr. Curry sent Mr. Mayhood a letter stating that although
his lease expired in March, he could continue to pay his original amount $0.07 per sq ft per year until a new lease was
signed. Mr. Shepard's lease was up in December, but for some reason Mr. Curry (as approved by your office) raised my
client's price per square foot to $0.10 from $0.05 before Mr. Shepard's new lease is signed. May I have a copy of this
letter as well?
Finally, my client mentioned that one of the terms that has not yet been addressed in the sublease(s) is the fact that as he
removes certain improvements (the fuel tanks and /or one or more structures), the area included in the demised premises
would be reduced, having the net effect of reducing his rental payments. Please incorporate this provision in the revised
subleases.
We appreciated your assistance in this matter.
Thanks,
Bruce
Bruce Sands
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial: 239.344.1262
Direct Fax: 239.344.1546
Bruce. Sands @henlaw.com
www.henlaw.com
CONFIDENTIALITY STATEMENT
Henderson, Franklin, Starnes & Holt, P.A
The information contained in this transmission may contain privileged and confidential information. It is intended only for
the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review,
dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply e-mail and destroy all copies of the original message.
To reply to our e-mail administrator directly, please send an e-mail to administrator(a-)-henlaw.com
IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230, this is to advise you unless we otherwise
expressly state in writing, e-mail communications, including all attachments, from this firm are not intended or written to
be used, and cannot be used, for the purpose of avoiding tax - related penalties. If you wish to engage this firm to provide
formal written advice as to federal or state tax issues, please contact the sender.
Under I londa Law, e -mail addresses are public records. It 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.
Martha S. Vergara Z#7.360 2q-z, .
From: BrueggemanDebra
Sent: Tuesday, June 28, 20113:50 PM
To: CurryChris
Subject: Mayhood Rent Letter
EL
Mayhood April 29
Rent Letter,p
Debbie .93uw9genum
Opewtiow ('Ov4&t1atO4/CxeCUVUe (1.31stoat
('offi" (`tvanty aitpwit awhodtij
239-642-7878 &t. 34
Under I londa 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 enfity. Instead, contact this office by telephone of in writing
sI
ol 111%,t,
3
5
April 29, 2011
G COLLIER COUNTYAIRPORTAUTHORITY
S 2005 Mainsail Drive Ste, 1
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
www.collieraviation.com
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot plus applicable sales tax will be charged for an
aeronautical use determination, and $0.14 per square foot plus applicable sales tax will be charged for a
non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and me. The rent payment due
to the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination
is made. If you have any further questions please contact me by email or telephone.
Sincerely
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C: Steven Williams
Marco Island Executive Airport Imnokalee Regional Airpoid Everglades Airpark
2005 Mansell Drive Ste. 1 165 AirpeAc Boulevard P.O. Box 869
Naples, FL 34114 -6955 lnvrd kmL FL 34142
(�) 39443355 650 E.C. es City. (239)657.9009 Everglades City. FL 34139
(239) 642 -5427 Fax (239) 6579/91 Fax (239) 6952776
(239) 6954558 Fax
Martha S. Vergara 3�'[72Lf3
From: CurryChris
Sent: Tuesday, June 28, 20113:59 PM
To: WilliamsSteven
Subject: RE: Immokalee Airport Subleases to Shepard - follow up
Attachments: Mayhood April 29 Rent Letter.pdf
Steve, I have attached the letter sent to Mr. Mayhood on April 29th. When Mr. Mayhood's lease expired March 201, 1
allowed him a short period of time to continue at $.07 per square foot until we had a meeting. Starting in May 2011 he
was raised to the minimum non - aeronautical use rate. Mr. Shepard, was allowed approximately 4 months to continue
at his $.05 per square foot rate and his rent was raised in May. Mr. Shepard should be advised that he is 30 days past
due on his rent and we must ensure that he has paid his back taxes before entering a new lease with the county.
From: WilliamsSteven
Sent: Tuesday, June 28, 20113:13 PM
To: CurryChris
Subject: FW: Immokalee Airport Subleases to Shepard - follow up
FYI..
CACA 9--
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwil liams�a�col liergov .net
From: Bruce Sands [mailto:Bruce.Sands @henlaw.com]
Sent: Tuesday, June 28, 20113:13 PM
To: WilliamsSteven
Cc: Greg; Bruce Sands
Subject: Immokalee Airport Subleases to Shepard - follow up
Steve:
I wanted to follow up on the status of the leases, as well as some additional issues to which Mr Shepard inquired.
First, I had made changes to the Lease form, including (but not limited to) Section 5 (Use of Premises) to state:
The Sublessee may utilize the Premises for any use which complies with any codes and regulations established by the
Federal Aviation Administration ( "FAA") applicable to the Sublessee or his assigns.
I informed my client that you were reluctant to change the language in the subleases, so Mr. Shepard followed up with the
following questions:
Could you please clarify? Under paragraph 5; Use of Premises. The sole and exclusive purpose of this Sub -Lease is for
the Sub - Lessee to operate a non - profit museum.
Will I be permitted it's use for my own aircraft, aircraft on loan to the museum or myself and if I assign the lease can the
assigned operate his aircraft and /or business without violating the lease?
Also, my client contacted Debbie Muller and requested a copy of all of the additional fees that he has been paying (above
1
and beyond rental payments) which were required for restoration, maintenance, storage and crop dusting on the
Immokalee airport. Her response to my client was "it will take some time ", but it should be a rather simple procedure to
print out his payment history. Could your office request a copy and forward this history to me?
My client also requested a copy of the letter from Mr. Curry to the other private owned hanger on the field which is owned
by Mr. Mayhood. It's a larger hanger than my client's and used to store personal aircraft (Mr. Shepard used to share this
hanger with Mr. Mayhood). It is my client's understanding that Mr. Curry sent Mr. Mayhood a letter stating that although
his lease expired in March, he could continue to pay his original amount $0.07 per sq ft per year until a new lease was
signed. Mr. Shepard's lease was up in December, but for some reason Mr. Curry (as approved by your office) raised my
client's price per square foot to $0.10 from $0.05 before Mr. Shepard's new lease is signed. May I have a copy of this
letter as well?
Finally, my client mentioned that one of the terms that has not yet been addressed in the sublease(s) is the fact that as he
removes certain improvements (the fuel tanks and /or one or more structures), the area included in the demised premises
would be reduced, having the net effect of reducing his rental payments. Please incorporate this provision in the revised
subleases.
We appreciated your assistance in this matter.
Thanks,
Bruce
Bruce Sands
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial: 239.344.1262
Direct Fax: 239.344.1546
Bruce.Sands @henlaw.com
www.henlaw.com
CONFIDENTIALITY STATEMENT
Henderson, Franklin, Starnes & Holt, P.A
The information contained in this transmission may contain privileged and confidential information. It is intended only for
the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review,
dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient,
please contact the sender by reply e-mail and destroy all copies of the original message.
To reply to our e-mail administrator directly, please send an e-mail to ad ministratorahen law. com
IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230, this is to advise you unless we otherwise
expressly state in writing, e-mail communications, including all attachments, from this firm are not intended or written to
be used, and cannot be used, for the purpose of avoiding tax - related penalties. If you wish to engage this firm to provide
formal written advice as to federal or state tax issues, please contact the sender.
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.
��l o 011RP4r
°v
G COLLIER COUNTYAIRPORTAUTHORITY
y 2005 Mainsail Drive Ste, 1
Naples, FL 34114 -8955
4 (239) 642 -7878
Fax (239) 394 -3515
a((/ www.collieraviation.com
April 29, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot plus applicable sales tax will be charged for an
aeronautical use determination, and $0.14 per square foot plus applicable sales tax will be charged for a
non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and me. The rent payment due
to the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination
is made. If you have any further questions please contact me by email or telephone.
Sincerely
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C: Steven Williams
Marco Island Executive Airport U Immokalse Regional Airpo'xt Everglades Airpark
2005 Mainsail Drive Ste. 1 165 Akperk Boulevard P.O. Box 889
Naples, FL 34114 -8955 hmic kalee. FL 34142
850 E.C. Airpark Road
239)394-3355 (239) 657.9003 Everglades City, Fl. 34139
(239) 642 -5427 Fax (239) 6$79/91 Fax (239) 695-2778
(239) 895.3558 Fax
Martha S. V
From: CurryChris
Sent: Monday, July 11, 20113:20 PIVI
To: BrueggemanDebra
Subject: Please review
Mayhood
Lease.docx
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
907�5cL-72
Under Florida Law, e -mail addresses are public records It you do riot want your e -mail address released in response W a public records request, do riot solid
electronic rnail to this entity. Instead. contact this office by telephone or in wilting
July 11, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to inform you that we are prepared to move forward with completion of your
new lease at the Immokalee Regional Airport. Although your current lease expired on March 10, 2011,
we have been in negotiation to determine what your ultimate cost should be and the new term of your
lease agreement. During our meeting held on April 25, 2011, we had differing opinions pertaining to the
use of your facility being aeronautical or non - aeronautical. At that time we agreed that I would write a
letter to the FAA with information pertaining to your use and have them make a determination and you
would provide the Airport Authority with an engineer's stamp report estimating the structural integrity
of the hangar facility. This letter was written on May 16, 2Q11 after no objections to the draft letter
comments were received (Attachment A). We also agreed that a minimum rate of $0.10 per square foot
(aeronautical use rate) based on your leasehold of 87,120 square feet would be accessed until the FAA
made a determination effective May 1, 2011 (Attachment B).
On May 25, 2011 the Airport Authority received a response from the FAA based on the letter sent May
16, 2011 (Attachment C). The FAA's guidance to the Airport is as follows: Based on the grant assurance
to be a self- sustaining as possible, they find it appropriate for the Airport Authority to charge the non -
aeronautical use rate for the hangar in question unless you can produce flight records documenting that
the aircraft in your hangar are being flown on a regular basis. The documentation necessary to prove
this are mentioned in the FAA letter. (Attachment C).
Please provide any documentation /records that we help me to access your appropriate rental fee
structure and lease term by July 31, 2011. If adequate documentation is not provided we will construct
a new lease based on $0.14 per square foot (non - aeronautical use rate) with an effective date of
September 1, 2011. In addition to this documentation, we also agreed that you would provide the
Airport Authority with an engineer's stamp report estimating the structural integrity of the hangar
facility. This information is needed to determine the lease term.
Sincerely
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878 x35
7 "-- � 0 72- 95
Martha S. Vergara
From: BrueggemanDebra
Sent: Monday, July 11, 20113:38 PM
To: CurryChris
Subject: Mayhood Lease
Attachments: Mayhood Lease.pdf, Mayhood Lease.docx
Chris, Slightly revised letter also attached.
Debbie
Opewtiow ('vvi&nzUvt1Cxe �-z (&56tant
('0it(w't ('Mudy' aviPeAt (hd&'U1Y
239-642-7878 Ext. 34
Under Florida I aw. e-mad addresses are public recoids. If you do not want your e-mail address released in response to a public records request, do riot send
electronic mail to this entity. Instead, contact this office, by telephone or in witting
July 11, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to inform you that we are prepared to move forward with completion of your
new lease at the Immokalee Regional Airport. Although your current lease expired on March 10, 2011,
we have been in negotiation to determine what your ultimate cost should be and the new term of your
lease agreement. During our meeting held on April 25, 2011, we had differing opinions pertaining to the
use of your facility being aeronautical or non - aeronautical. At that time, we agreed that I would write a
letter to the FAA with information pertaining to your use requesting they make a determination, and
that you would provide the Airport Authority with an engineer's stamp report estimating the structural
integrity of the hangar facility. We received no objections to the draft letter we provided for your
comments, and this letter was sent to the FAA on May 16, 2011 (Attachment A). We also agreed that a
minimum rate of $0.10 per square foot (aeronautical use rate) based on your leasehold of 87,120 square
feet would be accessed until the FAA made a determination effective May 1, 2011 (Attachment B).
On May 25, 2011 the Airport Authority received a response from the FAA based on the letter sent May
16, 2011 (Attachment C). The FAA's guidance to the Airport is as follows: Based on the grant assurance
to be as self- sustaining as possible, they find it appropriate for the Airport Authority to charge the non -
aeronautical use rate for the hangar in question unless you can produce flight records documenting that
the aircraft in your hangar are being flown on a regular basis. The documentation necessary to prove
this are mentioned in the FAA letter (Attachment Q.
Please provide any documentation /records that will help me to access your appropriate rental fee
structure and lease term by July 31, 2011. If adequate documentation is not provided we will construct
a new lease based on $0.14 per square foot (non- aeronautical use rate) with an effective date of
September 1, 2011. In addition to this documentation, we also agreed that you would provide the
Airport Authority with an engineer's stamp report estimating the structural integrity of the hangar
facility. This information is needed to determine the lease term.
Sincerely
Chris Curry
Executive Director
chriscurry @collierQov.net
239 - 642 -7878 x35
rte' Attachment A
COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Suite 1
.r Naples, FL 34114 -8955
(239) 642 -7878 61�
Fax (239) 394 -3515
.. w , collieraviation.com
May 16, 2011
Mrs. Krystal Ritchey
Airport Program Manager
FAA, ORL -ADO
5950 Hazeltine National Drive, Suite 400
Orlando, FL. 32822 -5024
Dear Mrs. Ritchey,
I am writing this letter seeking a Federal Aviation Administration (FAA) determination. I am currently
negotiating a lease with a tenant who is located at the Immokalee Regional Airport. The issue involves the
appropriate determination of aeronautical versus non - aeronautical use. The building discussed in #17
depicted on the Airport Layout Plan (Attachment A).
Mr. Mayhood has been a tenant since March 10, 1981 and had a lease for 87,120 square feet of property
located at Immokalee Regional Airport that expired March 31, 2010. We are currently in negotiations in
effort to renew his lease term. This lease involves one (1) building referred to as Hangar #17. The Tenant
and I inspected Hanger # 17 and it is currently used to store five (5) aircraft that he has stated as flyable for
his personal use, three jeeps, tools, a few appliances and airplane parts.
As you are aware, as a new director I am trying to establish fair market value pricing for non - aeronautical
activities moving forward. FAA 5190.66 says that rates charged for non - aeronautical use of the airport must
be based on fair market value. Fair market value pricing of airport facilities can be determined by reference
to negotiated fees charged for similar uses of the airport or by appraisal of comparable properties. Our
recent two appraisals confirmed land value price to be $0.14 per square foot at the Immokalee Regional
Airport. It is my understanding that as a recipient of FAA Grants, that we are In violation of our grant
assurances if we do not charge an appropriate rental and fee structure which will make the Airport as self
sustaining as possible. The tenant and I have differing opinions as to what is aeronautical versus non -
aeronautical. I do not feel that simply having flyable aircraft constitutes an aeronautical use. I would
request your help in determining his use so that we can finalize his new lease agreement. Thanks in
advance for your help.
Sincerely,
��l•2GJ �iG'L2
Chris Curry
Executive Direct
Marco Island Executive Airport Immokalee Regional Airport Everglades Park
2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road
Maples, FL 34114 -8955 Immokalee, FL 34142 Everglades City, FL 34139
239.394.3355 239.657.9003 239.695.2778
239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax
t76
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Attachment B
G COLLIER COUNTYAIRPORTAUTHORITY
y 2005 Mainsail Drive $te. 1
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
'rI www.collieraviaUon.com
April 29, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot plus applicable sales tax will be charged for an
aeronautical use determination, and $0.14 per square foot plus applicable sales tax will be charged for a
non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and me. The rent payment due
to the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination
is made. If you have any further questions please contact me by email or telephone.
Sincerely
C/O" 1��,
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C: Steven Williams
❑ Marco Wand ExacutW Airpon ❑ hlrrdratw RplorW Airpom ❑ EMrptwas Akprk
2Q05 WahW DrM Ste. 1 fah Aipk 6otiwd P.O. Boa 459
Noon, FL 34111.8055 MwdnYa. FL 34112
(239) 3643355 Q.iO♦6R -M 8511 E.C. Aapk w
Road
(230) 642 -5427 Fax � (239) 06a574191 Fax E 30) 0 09& M FL 34139
2770
(239) 085-MB Fax
Attachment C
NJ
U.S. Department
of Transportation
Federal Aviation
AdminWotion
May 25, 2011
Mr. Chris Curry
Executive Director
Collier County Airport Authority
2005 Mainsail Drive
Suite 1
Naples, Florida 34114 -8955
Dear Mr. Curry:
5950 Hazeltine National Drive, Suite 400
Orlando, Florida 32822
I am writing this letter in response to your May 16, 2011 letter regarding lease negotiations with Mr.
Mayhood. We offer the following guidance as you develop you new lease agreement.
Based on the grant assurance to be as self - sustaining as possible we find it appropriate for the airport
authority to charge the non - aeronautical use rate for the hangar in question unless Mr. Mayhood can
produce flight records documenting that the aircraft in his hangar are being flown on a regular basis.
These records should include fuel flowage fees and flight logs, and should identify the N number of the
aircraft along with the number of annual operations/ annual gallons of fuel. If Mr. Mayhood produces
these records, the airport authority may prorate the rental fees according to the percentage occupied by
flying aircraft and the percentage occupied by other equipment and property.
Please let me know if you have any questions.
Sincerely,
ORIGINAL SIGNED BY
Krystal G. Ritchey, P.E.
Program Manager
July 11, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to inform you that we are prepared to move forward with completion of your
new lease at the Immokalee Regional Airport. Although your current lease expired on March 10, 2011,
we have been in negotiation to determine what your ultimate cost should be and the new term of your
lease agreement. During our meeting held on April 25, 2011, we had differing opinions pertaining to the
use of your facility being aeronautical or non - aeronautical. At that time, we agreed that I would write a
letter to the FAA with information pertaining to your use requesting they make a determination, and
that you would provide the Airport Authority with an engineer's stamp report estimating the structural
integrity of the hangar facility. We received no objections to the draft letter we provided for your
comments, and this letter was sent to the FAA on May 16, 2011 (Attachment A). We also agreed that a
minimum rate of $0.10 per square foot (aeronautical use rate) based on your leasehold of 87,120 square
feet would be accessed until the FAA made a determination effective May 1, 2011 (Attachment B).
On May 25, 2011 the Airport Authority received a response from the FAA based on the letter sent May
16, 2011 (Attachment Q. The FAA's guidance to the Airport is as follows: Based on the grant assurance
to be as self- sustaining as possible, they find it appropriate for the Airport Authority to charge the non -
aeronautical use rate for the hangar in question unless you can produce flight records documenting that
the aircraft in your hangar are being flown on a regular basis. The documentation necessary to prove
this are mentioned in the FAA letter (Attachment Q.
Please provide any documentation /records that will help me to access your appropriate rental fee
structure and lease term by July 31, 2011. If adequate documentation is not provided we will construct
a new lease based on $0.14 per square foot (non - aeronautical use rate) with an effective date of
September 1, 2011. In addition to this documentation, we also agreed that you would provide the
Airport Authority with an engineer's stamp report estimating the structural integrity of the hangar
facility. This information is needed to determine the lease term.
Sincerely
Chris Curry
Executive Director
chriscurry @colliergov.net
239 - 642 -7878 x35
Martha S. Vergara
From:
Sent:
To:
Subject:
Mayhood
Lease.pdf
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
CurryChris
Monday, July 11, 20113:51 PM
WilliamsSteven
Please review
47-354 7Z
Under Florida Law, e-mail addresses are public records. If You do riot 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
July 11, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr, Mayhood:
I am writing this letter to inform you that we are prepared to move forward with completion of your
new lease at the Immokalee Regional Airport. Although your current lease expired on March 10, 2011,
we have been in negotiation to determine what your ultimate cost should be and the new term of your
lease agreement. During our meeting held on April 25, 2011, we had differing opinions pertaining to the
use of your facility being aeronautical or non - aeronautical. At that time, we agreed that I would write a
letter to the FAA with information pertaining to your use requesting they make a determination, and
that you would provide the Airport Authority with an engineer's stamp report estimating the structural
integrity of the hangar facility. We received no objections to the draft letter we provided for your
comments, and this letter was sent to the FAA on May 16, 2011 (Attachment A). We also agreed that a
minimum rate of $0.10 per square foot (aeronautical use rate) based on your leasehold of 87,120 square
feet would be accessed until the FAA made a determination effective May 1, 2011 (Attachment B).
On May 25, 2011 the Airport Authority received a response from the FAA based on the letter sent May
16, 2011 (Attachment C). The FAA's guidance to the Airport is as follows: Based on the grant assurance
to be as self- sustaining as possible, they find it appropriate for the Airport Authority to charge the non -
aeronautical use rate for the hangar in question unless you can produce flight records documenting that
the aircraft in your hangar are being flown on a regular basis. The documentation necessary to prove
this are mentioned in the FAA letter (Attachment Q.
Please provide any documentation /records that will help me to access your appropriate rental fee
structure and lease term by July 31, 2011. If adequate documentation is not provided we will construct
a new lease based on $0.14 per square foot (non - aeronautical use rate) with an effective date of
September 1, 2011. In addition to this documentation, we also agreed that you would provide the
Airport Authority with an engineer's stamp report estimating the structural integrity of the hangar
facility. This information is needed to determine the lease term.
Sincerely
Chris Curry
Executive Director
chriscurry(a)collierQov.net
239 - 642 -7878 x35
rte' Attachment A
COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Suite 1
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394-3515
�y�;�_.coll(Praviatio n.com
May 16, 2011
Mrs. Krystal Ritchey
Airport Program Manager
FAA, ORL -ADO
5950 Hazeltine National Drive, Suite 400
Orlando, FL. 32822 -5024
Dear Mrs. Ritchey,
I am writing this letter seeking a Federal Aviation Administration (FAA) determination. I am currently
negotiating a lease with a tenant who is located at the Immokalee Regional Airport. The issue involves the
appropriate determination of aeronautical versus non - aeronautical use. The building discussed in #17
depicted on the Airport Layout Plan (Attachment A).
Mr. Mayhood has been a tenant since March 10, 1981 and had a lease for 87,120 square feet of property
located at Immokalee Regional Airport that expired March 31, 2010. We are currently in negotiations in
effort to renew his lease term. This lease involves one (1) building referred to as Hangar #17. The Tenant
and I inspected Hanger # 17 and it is currently used to store five (5) aircraft that he has stated as flyable for
his personal use, three jeeps, tools, a few appliances and airplane parts.
As you are aware, as a new director I am trying to establish fair market value pricing for non - aeronautical
activities moving forward. FAA 5190.66 says that rates charged for non - aeronautical use of the airport must
be based on fair market value. Fair market value pricing of airport facilities can be determined by reference
to negotiated fees charged for similar uses of the airport or by appraisal of comparable properties. Our
recent two appraisals confirmed land value price to be $0.14 per square foot at the Immokalee Regional
Airport. It is my understanding that as a recipient of FAA Grants, that we are in violation of our grant
assurances if we do not charge an appropriate rental and fee structure which will make the Airport as self
sustaining as possible. The tenant and I have differing opinions as to what is aeronautical versus non-
aeronautical. I do not feel that simply having flyable aircraft constitutes an aeronautical use. I would
request your help in determining his use so that we can finalize his new lease agreement. Thanks in
advance for your help.
Sincerely,
C`i.�W Cic 1.2
Chris Curry
Executive Direct
Marco Island Executive Airport Immokalee Regional Airport Everglades Park
2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road
Maples, FL 34114 -8955 Immokalee, FL 34142 Everglades City, FL 34139
239.394.3355 239.657.9003 239.695.2778
239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax
\\ \ \ \ \\\\ \ \ \\
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\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
CONE
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 4 + +
\\\\\\\\\\\\\\\\\\\\\\\ >+ + + + +
\\\\\\\\\\\\\\\\\\\\\\\y+ + + + +
fu
I \ \ \ \ \ \ \ \ \ \ \ \ \ \\ y LA10 + + + + +
+
15
\\\\\\\\\\\• +I.eXISNA Rl1NWAY'36 +WD:
+ 33.00+ + + + +
� + + + + +'LAT 2075'24.556' N + {+
/ + + +�LON 81'24'16.880" 81'24'16.880" w +
,P
/ f + + + + + +
+ Iw+ FUTURE AMAAMO +
N ++
+ + + + + + + +j+ + +DEVELOPMENT + + I
i + + + + + + + +I + ++ (38 ACRES) + f
+, 14 + + + +1+ CIV
+ + + + +{ +
+�• FU7m LAKE I' + + + + +x + (3 T AC) + + + + (+ +
+ + + + + /UI4
+ + +
L*—x+ + + + + + + + I+ + r { + + + + ++ + + L I + 4 + + + + + { + + + +I + + + + + + + .j G RP + + + + + + + + + I,000' 00' + + {
Lo
Y \ +\
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I (TO BE
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v
Attachment B
G COLLIER COUNTYAIRPORTAUTHORITY
y 2005 Mainsail Drive Ste. 1
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
A/ www. wllieraviabon, rom
April 29, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot plus applicable sales tax will be charged for an
aeronautical use determination, and $0.14 per square foot plus applicable sales tax will be charged for a
non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and me. The rent payment due
to the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination
is made. If you have any further questions please contact me by email or telephone.
Sincerely
LVV" li"
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C: Steven Williams
❑ PAVOO1BIWWFWCUW*AjMW ❑ hrnomW%0WWMPM
SIB
2 Whnd Drh .1 1a5Aipak 6aYnBitl [] 006 P0.8 "M
Napim R 341148955 MwdWJW FL 91142
(232)M4-3355 0667-0009 650 E.C. Aryak FL 3
( 239) 612.5427 FRX (239)x57 -0191 F= EwpYCn Ctly, FL 34739
(239) 0962T79
(239) 8963556 FBr
Attachment C
U.S. Department
of Transportation
Federal Avlalion
AdminlstraFion
May 25, 2011
Mr. Chris Curry
Executive Director
Collier County Airport Authority
2005 Mainsail Drive
Suite 1
Naples, Florida 34114 -8955
Dear Mr. Curry:
5950 Hazeltine National Drive, Suite 400
Orlando, Florida 32822
I am writing this letter in response to your May 16, 2011 letter regarding lease negotiations with Mr.
Mayhood. We offer the following guidance as you develop you new lease agreement.
Based on the grant assurance to be as self - sustaining as possible we find it appropriate for the airport
authority to charge the non - aeronautical use rate for the hangar in question unless Mr. Mayhood can
produce flight records documenting that the aircraft in his hangar are being flown on a regular basis.
These records should include fuel flowage fees and flight logs, and should identify the N number of the
aircraft along with the number of annual operations / annual gallons of fuel. If Mr. Mayhood produces
these records, the airport authority may prorate the rental fees according to the percentage occupied by
flying aircraft and the percentage occupied by other equipment and property.
Please let me know if you have any questions.
Sincerely,
ORIGINAL, SIGNED BY
Krystal G. Ritchey, P.E.
Program Manager
Martha S. Vergara 435072117
From: CurryChris
Sent: Tuesday, July 26, 20116:35 PM
To: Co IettaJ i m
Subject: FW: Mayhood Lease
Attachments: Mayhood Lease.pdf; Mayhood Lease.docx
Commissioner, I am sending this information just to let you know how much documentation has been sent to Mr.
Mayhood. Mr. Shepard has been sent similar paperwork. In my opinion, if Mr. Fletcher is advocating on behalf of these
tenants he should get the documentation directly from them and not from me. I don't fell that I should be the conduit to
voluntarily send out information related to our discussion with others. If the request is a public information request then
I would definitely honor that. I will send you a separate email in summary, however it will not include the documents
sent directly to the tenants.
From: BrueggemanDebra
Sent: Monday, July 11, 20113:37 PM
To: CurryChris
Subject: Mayhood Lease
Chris, Slightly revised letter also attached.
Defi&e .Ru w99eman
Cimurtienn tUaiatani
( "O iuc e'vuntc7, tarp nt authwatr,
239 - 642 -7878 Lclxt. 34
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_
July 11, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to inform you that we are prepared to move forward with completion of your
new lease at the Immokalee Regional Airport. Although your current lease expired on March 10, 2011,
we have been in negotiation to determine what your ultimate cost should be and the new term of your
lease agreement. During our meeting held on April 25, 2011, we had differing opinions pertaining to the
use of your facility being aeronautical or non - aeronautical. At that time, we agreed that I would write a
letter to the FAA with information pertaining to your use requesting they make a determination, and
that you would provide the Airport Authority with an engineer's stamp report estimating the structural
integrity of the hangar facility. We received no objections to the draft letter we provided for your
comments, and this letter was sent to the FAA on May 16, 2011 (Attachment A). We also agreed that a
minimum rate of $0.10 per square foot (aeronautical use rate) based on your leasehold of 87,120 square
feet would be accessed until the FAA made a determination effective May 1, 2011 (Attachment B).
On May 25, 2011 the Airport Authority received a response from the FAA based on the letter sent May
16, 2011 (Attachment Q. The FAA's guidance to the Airport is as follows: Based on the grant assurance
to be as self- sustaining as possible, they find it appropriate for the Airport Authority to charge the non -
aeronautical use rate for the hangar in question unless you can produce flight records documenting that
the aircraft in your hangar are being flown on a regular basis. The documentation necessary to prove
this are mentioned in the FAA letter (Attachment Q.
Please provide any documentation /records that will help me to access your appropriate rental fee
structure and lease term by July 31, 2011. If adequate documentation is not provided we will construct
a new lease based on $0.14 per square foot (non- aeronautical use rate) with an effective date of
September 1, 2011. In addition to this documentation, we also agreed that you would provide the
Airport Authority with an engineer's stamp report estimating the structural integrity of the hangar
facility. This information is needed to determine the lease term.
Sincerely
Chris Curry
Executive Director
chriscurrv. collierAov.net
239 - 642 -7878 x35
Attachment A
4 COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Suite 1
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
www collieraviation.com
May 16, 2011
Mrs. Krystal Ritchey
Airport Program Manager
FAA, ORL -ADO
5950 Hazeltine National Drive, Suite 400
Orlando, FL. 32822 -5024
Dear Mrs. Ritchey,
I am writing this letter seeking a Federal Aviation Administration (FAA) determination. I am currently
negotiating a lease with a tenant who is located at the Immokalee Regional Airport. The issue involves the
appropriate determination of aeronautical versus non - aeronautical use. The building discussed in #17
depicted on the Airport Layout Plan (Attachment A).
Mr. Mayhood has been a tenant since March 10, 1981 and had a lease for 87,120 square feet of property
located at Immokalee Regional Airport that expired March 31, 2010. We are currently in negotiations in
effort to renew his lease term. This lease involves one (1) building referred to as Hangar #17. The Tenant
and I inspected Hanger # 17 and it is currently used to store five (5) aircraft that he has stated as flyable for
his personal use, three jeeps, tools, a few appliances and airplane parts.
As you are aware, as a new director I am trying to establish fair market value pricing for non - aeronautical
activities moving forward. FAA 5190.68 says that rates charged for non - aeronautical use of the airport must
be based on fair market value. Fair market value pricing of airport facilities can be determined by reference
to negotiated fees charged for similar uses of the airport or by appraisal of comparable properties. Our
recent two appraisals confirmed land value price to be $0.14 per square foot at the Immokalee Regional
Airport. It is my understanding that as a recipient of FAA Grants, that we are in violation of our grant
assurances if we do not charge an appropriate rental and fee structure which will make the Airport as self
sustaining as possible. The tenant and I have differing opinions as to what is aeronautical versus non-
aeronautical. I do not feel that simply having flyable aircraft constitutes an aeronautical use. I would
request your help in determining his use so that we can finalize his new lease agreement. Thanks in
advance for your help.
Sincerely, /
/
C /12�J C GL'L2
Chris Curry
Executive Direct
Marco Island Executive Airport Immokalee Regional Airport Everglades Park
2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road
Maples, FL 34114 -8955 Immokelee, FL 34142 Everglades City, FL 34139
239.394.3355 239.657.9003 239.695.2778
239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax
\ \ \ \ \ \ \ \ \ \ \ \ \ \
N 781,000
000
IIIIIIIIIIII1
11
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♦\\\\\\\\\\\\\\\ APRON
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\\\\\\\\\\\\\\\\\\\\\\\\\
\\\\\\\\\\\\\\\\\\\\\\\\\
\\\\\\\\\\\\\\\\\\\\\\\\\
\\\\\\\\\\\\\\\\\\\\\\\\\\\\
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
•+
\\\\\\\\\\\\\\\\ +t
LAKE E
'\\\\\\\\\\\\\\\ + �• i +
\\\\\\\\\\\\\\ +`•(1.1 ACi• + i
+�0s*MA RuNri
" \\\\\\\\\\ •� + + 33.00+ i
+ + IAT 28'25'24.5
+ + +�LON 8174'16.8
\ \ \ \ \ \ '+++ 4 4 it �fp��t f*+p�
+ "+ FOURE /AAM
\ *� / + + + +I + •(38 ACRI
' + + ++ + + + + +
+ + + f + f
FUME LAKE / + + + + i+ + 3 t AC) + + + + + +
+ + + + + + }
I+ + + ,+ +14
T •+ +• + + + + + + + + + +
+ +
++++++++++++ + + + +
+� + + + + + + + +1+ +
+ + + + + + + + + ++ ++%
+ +I + + + + + + + +" + XISTING
+ + + + + + I+ (300'x1,0
+ f + + +
f+�f++++++++ + + + f + + + + "+ +
+-+++++
_-�•� �t + "+ + + + + + + � + + + + +
20- MMM
e �® ._
(4 AACRES)
.
EMENT
1
I (TO BEM�i
ILO--.-L
3
v
Attachment B
G COLLIER COUNTYAIRPORTAUTHORITY
y 2005 Mainsail Drive Ste. 1
Naples, FL 34194 -8955
(239) 642 -7878
Fax (239) 394 -3515
*A
'v www.collieraviabon.com
April 29, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot plus applicable sales tax will be charged for an
aeronautical use determination, and $0.14 per square foot plus applicable sales tax will be charged for a
non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and me. The rent payment due
to the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination
is made. If you have any further questions please contact me by email or telephone.
Sincerely
axu� 1��,
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C: Steven Williams
❑ Morco Mwd EneWahrpon h tnrdal -P49b mpoh ❑ E�A"&*
2005 Whad 00a Ste.1 ❑ 185 Atpak 6oliwo G.O. Baal we
1Os, FL 34114x65 Mrdalw. FL 31142
650 E.C. AYpar4 FbW
(239)384-3355 CM667-0003
(23V)6a -5 27Fu (239)057.8/91 Fu (230)WnChy. FL 34139
1238) 096S7m
(232) 886.3568 Fu
Attachment C
1 r L-7
cn
U.S. Department
of Transportation
Federal Aviation
Administration
May 25, 2011
Mr. Chris Curry
Executive Director
Collier County Airport Authority
2005 Mainsail Drive
Suite 1
Naples, Florida 34114 -8955
Dear Mr. Curry:
5950 Hazeltine National Drive, Suite 400
Orlando, Florida 32822
I am writing this letter in response to your May 16, 2011 letter regarding lease negotiations with Mr.
Mayhood. We offer the following guidance as you develop you new lease agreement.
Based on the grant assurance to be as self - sustaining as possible we find it appropriate for the airport
authority to charge the non - aeronautical use rate for the hangar in question unless Mr. Mayhood can
produce flight records documenting that the aircraft in his hangar are being flown on a regular basis.
These records should include fuel flowage fees and flight logs, and should identify the N number of the
aircraft along with the number of annual operations/ annual gallons of fuel. If Mr. Mayhood produces
these records, the airport authority may prorate the rental fees according to the percentage occupied by
flying aircraft and the percentage occupied by other equipment and property.
Please let me know if you have any questions.
Sincerely,
ORIGINAL SIGNED BY
Krystal G. Ritchey, P.E.
Program Manager
July 11, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to inform you that we are prepared to move forward with completion of your
new lease at the Immokalee Regional Airport. Although your current lease expired on March 10, 2011,
we have been in negotiation to determine what your ultimate cost should be and the new term of your
lease agreement. During our meeting held on April 25, 2011, we had differing opinions pertaining to the
use of your facility being aeronautical or non - aeronautical. At that time, we agreed that I would write a
letter to the FAA with information pertaining to your use requesting they make a determination, and
that you would provide the Airport Authority with an engineer's stamp report estimating the structural
integrity of the hangar facility. We received no objections to the draft letter we provided for your
comments, and this letter was sent to the FAA on May 16, 2011 (Attachment A). We also agreed that a
minimum rate of $0.10 per square foot (aeronautical use rate) based on your leasehold of 87,120 square
feet would be accessed until the FAA made a determination effective May 1, 2011 (Attachment B).
On May 25, 2011 the Airport Authority received a response from the FAA based on the letter sent May
16, 2011 (Attachment C). The FAA's guidance to the Airport is as follows: Based on the grant assurance
to be as self- sustaining as possible, they find it appropriate for the Airport Authority to charge the non -
aeronautical use rate for the hangar in question unless you can produce flight records documenting that
the aircraft in your hangar are being flown on a regular basis. The documentation necessary to prove
this are mentioned in the FAA letter (Attachment Q.
Please provide any documentation /records that will help me to access your appropriate rental fee
structure and lease term by July 31, 2011. If adequate documentation is not provided we will construct
a new lease based on $0.14 per square foot (non - aeronautical use rate) with an effective date of
September 1, 2011. In addition to this documentation, we also agreed that you would provide the
Airport Authority with an engineer's stamp report estimating the structural integrity of the hangar
facility. This information is needed to determine the lease term.
Sincerely
Chris Curry
Executive Director
chriscurry @colliergov.net
239 - 642 -7878 x35
Martha S. V
From:
RaineyJennifer
Sent:
Tuesday, July 12, 201110:49 AM
To:
GrimshawHeather
Cc:
HillerGeorgia; RaineyJennifer; gmanmigfl @aol.com
Subject:
FW: Shepard document assistance
72
Heather, please supply Mr. Sheppard the information he is requesting in this public records request. Thank
you.
Jennifer Rainey
Executive Aide to Board of County Commissioners
Aide to Commissioner Georgia Hiller, District #2
3299 Tomiami Trail East, Suite # 303
Naples, FL 34112
(239) 252 -8602
(239) 252 -3602 Fax
From: Greg jmailto:gmanmigfl @ aol.coml
Sent: Thursday, June 23, 20118:52 AM
To: RaineyJennifer
Subject: Shepard document assistance
Hello Jennifer
Good morning!
I'm in need of assistance once again.
Over a week ago I ask Debbie Muller for a copy of all the additional fees I have been paying above the lease fees which
were required to do restoration, maintainance, storage and crop dusting on the Immokalee airport. She said it will take
some time, but it's a simple procedure to print out my payment history. Could Ms Hiller's office request a copy and
forward?
I also ask for a copy of the letter from Chris Curry to the other private owned hanger on the field which is owned by Mr.
Mayhood. It's a larger hanger than my own and used to store personal aircraft (I used to be in this hanger with him). Mr.
Curry sent him a letter stating his lease expired in March , but he could continue to pay his original amount ($0.07) until a
new lease was signed. My lease was up in December, but for some reason Mr. Curry along with the County Attorney
raised mine to $0.10 from $0.05 before my new lease is signed. May I have a copy of this letter as well?
As always with my best regards,
Gregory Shepard
Under Flonda 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.
Martha S. Vergara
From:
GrimshawHeather
Sent:
Tuesday, July 12, 201111:19 AM
To:
CurryChris
Cc:
TorreJohn
Subject:
FW: Shepard document assistance
Chris,
Could you please assist us with the below public records request? Thank you.
F- feather c,ri,wtshaw
Citizen Liaison
Communication & Customer Relations
Collier County Government
239- 252 -8069
From: RaineyJennifer
Sent: Tuesday, July 12, 2011 10:49 AM
To: GrimshawHeather
Cc: HillerGeorgia; RaineyJennifer; gmanmigfl@aol.com
Subject: FW: Shepard document assistance
025V12
Heather, please supply Mr. Sheppard the information he is requesting in this public records request. Thank
you.
Jennifer Rainey
Executive Aide to Board of County Commissioners
Aide to Commissioner Georgia Hiller, District #2
3299 Tamiami Trail East, Suite # 303
Naples, FL 34112
(239) 252 -8602
(239) 252 -3602 Fax
From: Greg [mailto:gmanmigfI0)aol.com1
Sent: Thursday, June 23, 20118:52 AM
To: RaineyJennifer
Subject: Shepard document assistance
Hello Jennifer
Good morning!
I'm in need of assistance once again.
Over a week ago I ask Debbie Muller for a copy of all the additional fees I have been paying above the lease fees which
were required to do restoration, maintainance, storage and crop dusting on the Immokalee airport. She said it will take
some time, but it's a simple procedure to print out my payment history. Could Ms Hiller's office request a copy and
forward?
I also ask for a copy of the letter from Chris Curry to the other private owned hanger on the field which is owned by Mr.
Mayhood. It's a larger hanger than my own and used to store personal aircraft (I used to be in this hanger with him). Mr.
Curry sent him a letter stating his lease expired in March , but he could continue to pay his original amount ($0.07) until a
new lease was signed. My lease was up in December, but for some reason Mr. Curry along with the County Attorney
raised mine to $0.10 from $0.05 before my new lease is signed. May I have a copy of this letter as well?
As always with my best regards,
Gregory Shepard
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 reque'st. do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Ve
25(�7z�
From: CurryChris
Sent: Tuesday, July 12, 201111:42 AM
To: GrimshawHeather
Subject: RE: Shepard document assistance
Attachments: 7 -1 -1 Rent Letter to Shepard.pdf, 6 -10 -11 Rent email to Shepard.pdf
Heather, although Debi Mueller is out of the office the remainder of the week, I have sent information that was mailed
to Greg Shepard. Be advised, the same letter that is attached and addressed to Mr. Mayhood was also requested and
sent to his attorney. I hope this fulfills his public information request. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: GrimshawHeather
Sent: Tuesday, July 12, 2011 11:19 AM
To: CurryChris
Cc: Torre)ohn
Subject: FW: Shepard document assistance
Chris,
Could you please assist us with the below public records request? Thank you.
HeCitker C,ri,w Skew
Citizen Liaison
Communication & Customer Relations
Collier County Government
239 - 252 -8069
From: RaineyJennifer
Sent: Tuesday, July 12, 2011 10:49 AM
To: GrimshawHeather
Cc: HillerGeorgia; RaineyJennifer; gmanmigflCabaol.com
Subject: FW: Shepard document assistance
Heather, please supply Mr. Sheppard the information he is requesting in this public records request. Thank
you.
Jennifer Rainey
Executive Aide to Board of County Commissioners
1
Aide to Commissioner Georgia Hiller, District #2
3299 Tamiami Trail East, Suite # 303
Naples, FL 34112
(239) 252 -8602
(239) 252 -3602 Fax
From: Greg [mailto:gmanmigfl @aol.coml
Sent: Thursday, June 23, 20118:52 AM
To: RaineyJennifer
Subject: Shepard document assistance
Hello Jennifer
Good morning!
I'm in need of assistance once again.
Over a week ago I ask Debbie Muller for a copy of all the additional fees I have been paying above the lease fees which
were required to do restoration, maintainance, storage and crop dusting on the Immokalee airport. She said it will take
some time, but it's a simple procedure to print out my payment history. Could Ms Hiller's office request a copy and
forward?
I also ask for a copy of the letter from Chris Curry to the other private owned hanger on the field which is owned by Mr.
Mayhood. It's a larger hanger than my own and used to store personal aircraft (I used to be in this hanger with him). Mr.
Curry sent him a letter stating his lease expired in March , but he could continue to pay his original amount ($0.07) until a
new lease was signed. My lease was up in December, but for some reason Mr. Curry along with the County Attorney
raised mine to $0.10 from $0.05 before my new lease is signed. May I have a copy of this letter as well?
As always with my best regards,
Gregory Shepard
Under Florida Law. e -mail addresses are public records_ If you do not want your e -mail address reloasod in response to a public records request, do not send
electronic mail to this entity. Instead, contact this office: by telephone or in writing.
o�4��Y A/Rpo9r
v
°v
July 1, 2011
G COLLIER COUNTYAIRPORTAUTHORITY
0 2005 Mainsail Drive Ste. 1
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
Mr. Greg Shepard
2243 Peck St.
Ft. Myers, FL 33901
Dear Greg:
www.coiiieraviaiion.com
I received your note along with check number 2790 today. The payment of $650.00 has been
applied to the outstanding balance as of July 1, 2011 of $2,669.11. A detail of all outstanding
amounts is shown below.
Date Description Amount Balance
5/1/2011
Late Fee
6/1/2011
Rent
6/1/2011
Late Fee
7/1/2011
Late Fee
7/1/2011
Rent
7/1/2011
Payment
5.87
5.87
1,311.75
1,317.62
19.68
1,337.30
1,311.75
2,649.05
20.06
2,669.11
(650.00)
2,019.11
Rent must be received by the Airport Authority no later than the first of each month without
demand, however as a courtesy invoices are mailed when requested. According to my records an
invoice has been mailed each month to the Peck Street address.
I apologize for the delay in responding to your request. Enclosed are the payment history you
requested and a copy of the letter to Mr. Mayhood regarding his rate.
Respectfully yours,
Debi Mueller
Office Manager
cc: Chris Curry, Executive Director
Marco Island ExeCUlDeirk� ergo, Airport Manager
[j mxrrokaie RegkxV1 Airwrl
Everglades Airpark
2005 MainsaY Drive Ste. 1
168 Airperk Boulevard
FD. Box 8B9
Naples. FL 34114 -8955
Imm0aka. FL 34142
650 E.C. Airpark Road
(239) 394 -3355
(239)657.9003
Everglades City, FL 34139
(239) 642.5427 Fax
(239)657.9191 Fax
(239)695 -277B
(239) 895.3558 Fax
,00
tA
Collier County Airport Authority
Collier County Airport Authority
2005 Mainsail Dr. Suite 1
Naples, FL 34114
(239)642- 7878x36
debimueller@coIIiergov.net
Greg Shepard
2243 Peck St.
Ft. Myers, FL 33901
}'lease detach tort portion and return with \ our payment.
$20.06
Greg Shepard
2243 Peck St.
Ft. Myers, FL 33901
I'Icase detach top Ivrtion and return with your payment >4
i
$1,311.75
Collier County Airport Authority
Transaction List - Shepard
All Dates
Shepard Date
T e
Num
Amount Balance
04119/2004
Invoice
4412
613.38
04/19/2004
Payment
1446
2,025.27
05/05/2004
Invoice
4489
1,314.40
06/04/2004
Payment
1481
1,216.91
06/04/2004
Invoice
4671
1,314.40
06/14/2004
Payment
1048
1,314.00
07/06/2004
Invoice
4861
1,314.40
07/23/2004
Payment
1514
1,314.40
08103/2004
Invoice
5051
1,314.40
08/25/2004
Payment
5051
1,314.40
09/02/2004
Invoice
5216
1,314.40
09/10/2004
Payment
1050
1,314.00
10/04/2004
Invoice
5386
1,314.40
10/22/2004
Payment
1558
2,628.80
11/04/2004
Invoice
5571
1,314.40
12103/2004
Invoice
5765
1,314.40
12/10/2004
Payment
1609
1,240.00
01/03/2005
Invoice
5981
1,314.40
01/1112005
Payment
1051
1,388.80
02/04/2005
Invoice
6145
1,314.40
02/15/2005
Payment
1653
1,314.40
03/03/2005
Invoice
6435
1,314.40
03/21/2005
Payment
1672
1,314.40
04/02/2005
Invoice
6661
1,314.40
04/18/2005
Payment
1056
1,314.40
05/04/2005
Invoice
6881
1,314.40
05/12/2005
Payment
1709
1,314.40
06/01/2005
Invoice
7010
1,314.40
06/10/2005
Payment
1,314.40
07/01 12005
Invoice
7182
1,314.40
07/21/2005
Payment
1057
1,314.40
08102/2005
Invoice
7378
1,314.40
08/0812005
Payment
1763
1,314.00
09/02/2005
Invoice
7552
1,314.40
09/14/2005
Payment
1790
1,314.40
10/02/2005
Invoice
7763
1,314.40
10/20/2005
Payment
1059
1,314.40
11/04/2005
Invoice
7890
1,314.40
11/1712005
Payment
1832
1,314.40
12/0712005
Invoice
8115
1,314.40
12/13/2005
Payment
1850
1,314.40
01/04/2006
Invoice
8299
1,314.40
01/1212006
Payment
1060
1,314.40
02107/2006
Invoice
8533
1,314.40
02117/2006
Payment
1887
1,314.40
All Dates
Date
Type
Num
Amount Balance
03/02/2006
Invoice
8691
1,314.40
05/04/2006
Invoice
9138
515.45
06/01/2006
Invoice
9362
515.45
06/01/2006
Invoice
9365
6.66
06/06/2006
Payment
1957
515.45
07103/2006
Invoice
9550
521.81
08/03/2006
Invoice
9739
515.45
08/03/2006
Invoice
9740
212.00
08/03/2006
Invoice
9741
13.30
09/01/2006
Invoice
9913
560.90
09/06/2006
Payment
2011
1,784.67
10/02/2006
Invoice
10062
538.17
10/0212006
Invoice
10099
6.63
10123/2006
Payment
2,227.50
12/06/2006
Invoice
10535
1,614.52
12/06/2006
Invoice
10537
1,121.80
01/22/2007
Payment
1,614.52
03105/2007
Invoice
11162
1,614.52
05/05/2007
Payment
2034
1,650.00
06/02/2007
Invoice
11926
1,614.52
07/10/2007
Payment
2167
1,614.52
09/03/2007
Invoice
12538
1,660.86
09/11/2007
Payment
2202
1,625.38
12103/2007
Invoice
13192
1,649.28
03/07/2008
Invoice
13962
1,709.28
03130/2008
Payment
3,360.00
06103/2008
Invoice
14583
1,649-28
08/28/2008
Payment
2361
1,700.00
09/02/2008
Invoice
15064
1,776.94
11/14/2008
Payment
1,724.78
12/01/2008
Invoice
15631
1,745.03
01/06/2009
Payment
1,646.25
03/03/2009
Invoice
16295
1,745.03
06/01 /2009
Invoice
16961
1,745.03
07/07/2009
Payment
2501
3,588.84
09/03/2009
Invoice
17630
1,745.03
11/09/2009
Payment
2535
1,800.00
12/01/2009
Invoice
18176
1,745.03
12/30/2009
Payment
2599
1,690.00
03/01/2010
Invoice
18897
1,745.03
03/24/2010
Payment
2604
1,745.03
06/02/2010
Invoice
19633
1,745.03
06/25/2010
Payment
2652
1,750.00
09/03/2010
Invoice
20253
1,876.28
11/17/2010
Payment
2711
1,876.28
12/03/2010
Invoice
20914
1,869.65
01/24/2011
Payment
2725
623.22
03/04/2011
Invoice
21623
23.25
All Dates
Date
Type
Num Amount
Balance
04/04/2011
Involce
21887
623.22
04/05/2011
Payment
1,887.93
05/03/2011
Invoice
22083
1,311.75
5.87
06/02/2011
Invoice
22301
19.68
19.68
06/02/2011
Payment
7674283
655.88
06/03/2011
Invoice
22299
1,311.75
1,311.75
06/13/2011
Payment
2778
650.00
Friday, Jul 01, 2011 03:45:54
AM PDT GMT -7
oA *40 M4109�'
v
0
v
G COLLIER COUNTYAIRPORTAUTHORITY
y
2005 Mainsail Drive Ste. 1
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
ID�,�'�
GdV www.collieraviation.com
April 29, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot plus applicable sales tax will be charged for an
aeronautical use determination, and $0.14 per square foot plus applicable sales tax will be charged for a
non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and me. The rent payment due
to the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination
is made. If you have any further questions please contact me by email or telephone.
Sincerely
6x" a",
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C: Steven Williams
Marco Island ExacuUve Airport ImmoiWee Regional Airpdrt Everglades Airpark
2005 Mainsail Drive Ste.1 165 Airpe* Boulevard P.O. Boxaw
Naples, FL 341148955 Imrtnkalm FL 30142 650 E.C. Airpark Road
(239) 3943355 M"667-90M Everglades City. FL 34139
(239) 642 -5427 Fax (239) 657.9191 Fax (239) 8952778
(239) 6953558 Fax
MuellerDebi
From: MuellerDebi
Sent, Friday, June 10, 2011 9:51 AM
To: 'Greg'
Subject: RE: CCAA Statement
Hi Greg,
I'm going to have to do some research on this, I'll get an answer for you soon.
Thanks,
Lie bi,
From: Greg [,mailto:omanmigfl @ aol.coml
Sent: Thursday, June 09, 20119:15 AM
To: MuellerDebi
Subject: Re: CCAA Statement
Good morning Debi
May I have a copy of invoices which show any fees charged in addition to my land lease fees since Jan. 2006? Not sure
what is the correct terminology, but they were the addition fees charged by the airport authority which allowed me to do
maintainance, storage, crop dusting, restoration, etc. ? I believe they were charged annually.
Thank you!
Regards, Gregory Shepard
- - - -- Original Message---- -
From: MuellerDebi <DebiMueller@colliergov.net>
To: Greg <g_manmiQfI aol.com>
Sent: Fri, Jun 3, 2011 7:38 am
Subject: CCAA Statement
Greg,
I recently sent the invoice for June's rent, attached is a statement outlining the amount currently due
Please remit $1,987.60 at your earliest convenience.
Debi Mueller
Office Manager
Collier County Aiprort Authority
PH. 239 - 642 -7878 ext. 36
Fax 239 - 394 -3515
debimuellerca-colliergov.net
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.
Martha S. Vergara
From: BrueggernanDebra
Sent: Tuesday, July 12, 201111:55 AM
To: CurryChris
Subject: 4-29-11 Rent Letters
Attachments: Mayhood April 29 Rent Letter.pdf, 4-29-11 Shepard Rent Rate Letter.pdf
Debbk "Bwegyvltan
Cpetation4 eavtdirt ,t1Exeattfto-, ffi-3i6tant
('Ota" evtutty (1k'PO7t authoQ*
239-642-7878 Cla. 34
Under F Ionda Law, e-niail 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 entOy. Instead contact this office by telephone of in writing.
'414 111%51�
11W
°v
G COLLIER COUNTYAIRPORTAUTHOR17 Y
2005 Mainsail Drive Ste. 1
o y Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
$/ www.collieraviation.com
April 29, 2011
Mr, Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot plus applicable sales tax will be charged for an
aeronautical use determination, and $0.14 per square foot plus applicable sales tax will be charged for a
non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and me. The rent payment due
to the Airport Authority will be $726,00 per month plus applicable sales tax until an FAA determination
is made. If you have any further questions please contact me by email or telephone.
Sincerely
6-1/446 1�147
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C: Steven Williams
Marco Island Executive Airport E] Immokalm Regional Airpo n Everglades Aiipark
2005 Mainsell Drive Ste, 1 165 A" ark boulevard P.O. Box so
Naples, FL 341146955 Immolralm, FL 34142 650 E.C. Airpak Road
1239) 394- 3355 (238) 657 -M Everglades City, FL 34139
239) 642.5427 Fax (239) 657-9191 Fax (239) 6952776
(239) 695 -3556 Fax
� I �
Y AIRPV��
April 29, 2011
Mr. Gregory Shepard
2243 Peck Street
Fort Myers, FL 33901
Mr. Shepard,
COLLIER COUNTYAlRPORT4UTy0R17- -
2005Mainsa#Drrve Ste. 1
Nap /es, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
d06
www.collieraviation.com
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired December 31, 2010. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 14, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot, plus applicable sales tax, will be charged for
an aeronautical use determination and $0.14 per square foot, plus applicable sales tax, will be charged
for an non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot, plus applicable sales tax, based on an aeronautical rate. The amount of
square footage leased by you is 148,500 square feet. This action to establish payment was confirmed by
email sent to you on April 14, 2011 from Attorney Steven Williams. The rent payment due to the Airport
Authority will be $1,237.50, plus applicable sales tax, per month until an FAA determination is made. If
you have any further questions please contact me by email or telephone.
SinceZ
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C; Steven Williams, Assistant County Attorney
Marco IslaW Executive Airport
lrtvnokalee Regional Airpoirl
Everglades Airpark
2005 Mainsa® Drive Ste.1
165 Airperk Boulevard
P.O. Boxe8B
Naples, FL 341148955
Irnm lcalee. FL 34142
650 E C. Airpark Road
(239) 394.3355
(239) 657.9003
Everglades CM. FL 34139
(239) 642 -5427 Fax
(239) 657.9191 Fax
(239) 8952778
(238) 695-3558 Fax
Martha S. Vergara �35Y7252
From: GrimshawHeather
Sent: Tuesday, July 12, 201112:03 PM
To: CurryChris
Subject: RE: Shepard document assistance
Thank you. If I'm reading this correctly, your office fulfilled this request on 7/1; however, I did not receive the PRR dated
6/23 from the BCC until today 7/12.
~-feather C11- LVK.Snaw
Citizen Liaison
Communication & Customer Relations
Collier County Government
239- 252 -8069
From: CurryChris
Sent: Tuesday, July 12, 2011 11:42 AM
To: GrimshawHeather
Subject: RE: Shepard document assistance
Heather, although Debi Mueller is out of the office the remainder of the week, I have sent information that was mailed
to Greg Shepard. Be advised, the same letter that is attached and addressed to Mr. Mayhood was also requested and
sent to his attorney. I hope this fulfills his public information request. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 -269 -3353
From: GrimshawHeather
Sent: Tuesday, July 12, 2011 11:19 AM
To: CurryChris
Cc: TorreJohn
Subject: FW: Shepard document assistance
Chris,
Could you please assist us with the below public records request? Thank you.
Heather C,rivwtshciw
Citizen Liaison
Communication & Customer Relations
Collier County Government
239 - 252 -8069
From: RaineyJennifer
Sent: Tuesday, July 12, 2011 10:49 AM
To: GrimshawHeather
Cc: HillerGeorgia; RaineyJennifer; gmanmigfl )aol.com
Subject: FW: Shepard document assistance
Heather, please supply Mr. Sheppard the information he is requesting in this public records request. Thank
you.
Jennifer Rainey
Executive Aide to Board of County Commissioners
Aide to Commissioner Georgia Hiller, District #2
3299 Tamiami Trail East, Suite # 303
Naples, FL 34112
(239) 252 -8602
(239) 252 -3602 Fax
From: Greg [mailto:gmanmigfl @aol.com1
Sent: Thursday, June 23, 20118:52 AM
To: RaineyJennifer
Subject: Shepard document assistance
Hello Jennifer
Good morning!
I'm in need of assistance once again.
Over a week ago I ask Debbie Muller for a copy of all the additional fees I have been paying above the lease fees which
were required to do restoration, maintainance, storage and crop dusting on the Immokalee airport. She said it will take
some time, but it's a simple procedure to print out my payment history. Could Ms Hiller's office request a copy and
forward?
I also ask for a copy of the letter from Chris Curry to the other private owned hanger on the field which is owned by Mr.
Mayhood. It's a larger hanger than my own and used to store personal aircraft (I used to be in this hanger with him). Mr.
Curry sent him a letter stating his lease expired in March , but he could continue to pay his original amount ($0.07) until a
new lease was signed. My lease was up in December, but for some reason Mr. Curry along with the County Attorney
raised mine to $0.10 from $0.05 before my new lease is signed. May I have a copy of this letter as well?
As always with my best regards,
Gregory Shepard
Under Florida Law. e -rnail addresses are public records. If you do not want your e -rnail 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.
Martha S. Vergara f 359v.2 5.3
From: CurryChris
Sent: Tuesday, July 12, 201112:09 PM
To: GrimshawHeather
Subject: RE: Shepard document assistance
Attachments: Mayhood April 29 Rent Letter.pdf, Shepard Rent Rate Letter 4- 29- 11.pdf
Heather, you are correct. A part of his request for the letter sent to Mr. Mayhood was fulfilled on June 28, 2011 through
his attorney. In addition I have attached both letters sent to Mr. Shepard and Mr. Mayhood. You will find them to be
similar. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: GrimshawHeather
Sent: Tuesday, July 12, 2011 12:03 PM
To: CurryChris
Subject: RE: Shepard document assistance
Thank you. If I'm reading this correctly, your office fulfilled this request on 7/1; however, I did not receive the PRR dated
6/23 from the BCC until today 7/12.
Heather c,ri sk,2w
Citizen Liaison
Communication & Customer Relations
Collier County Government
239 - 252 -8069
From: CurryChris
Sent: Tuesday, July 12, 2011 11:42 AM
To: GrimshawHeather
Subject: RE: Shepard document assistance
Heather, although Debi Mueller is out of the office the remainder of the week, I have sent information that was mailed
to Greg Shepard. Be advised, the same letter that is attached and addressed to Mr. Mayhood was also requested and
sent to his attorney. I hope this fulfills his public information request. Thanks
1
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: GrimshawHeather
Sent: Tuesday, July 12, 2011 11 :19 AM
To: CurryChris
Cc: TorreJohn
Subject: FW: Shepard document assistance
Chris,
Could you please assist us with the below public records request? Thank you.
Heather fiYLvw k 2
Citizen Liaison
Communication & Customer Relations
Collier County Government
239 - 252 -8069
From: RaineyJennifer
Sent: Tuesday, July 12, 2011 10:49 AM
To: GrimshawHeather
Cc: HillerGeorgia; RaineyJennifer; qmanmiqfl@)aol.com
Subject: FW: Shepard document assistance
Heather, please supply Mr. Sheppard the information he is requesting in this public records request. Thank
you.
Jennifer Rainey
Executive Aide to Board of County Commissioners
Aide to Commissioner Georgia Hiller, District #2
3299 Tamiami Trail East, Suite # 303
Naples, FL 34112
(239) 252 -8602
(239) 252 -3602 Fax
From: Greg [_mailto:gmanmigfKbaol.coml
Sent: Thursday, June 23, 20118:52 AM
To: RaineyJennifer
Subject: Shepard document assistance
Hello Jennifer
Good morning!
I'm in need of assistance once again.
Over a week ago I ask Debbie Muller for a copy of all the additional fees I have been paying above the lease fees which
2
were required to do restoration, maintainance, storage and crop dusting on the Immokalee airport. She said it will take
some time, but it's a simple procedure to print out my payment history. Could Ms Hiller's office request a copy and
forward?
I also ask for a copy of the letter from Chris Curry to the other private owned hanger on the field which is owned by Mr.
Mayhood. It's a larger hanger than my own and used to store personal aircraft (I used to be in this hanger with him). Mr.
Curry sent him a letter stating his lease expired in March , but he could continue to pay his original amount ($0.07) until a
new lease was signed. My lease was up in December, but for some reason Mr. Curry along with the County Attorney
raised mine to $0.10 from $0.05 before my new lease is signed. May I have a copy of this letter as well?
As always with my best regards,
Gregory Shepard
Under Florida Law, e mail addresses are public records. If you do not waist 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 �
lu
°v
G COLLIER COUNTYAIRPORTAUTHORITY
y 2005 Mainsail Drive Ste. 1
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
19/ www.collieraviation.com
April 29, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot plus applicable sales tax will be charged for an
aeronautical use determination, and $0.14 per square foot plus applicable sales tax will be charged for a
non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and me. The rent payment due
to the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination
is made. If you have any further questions please contact me by email or telephone.
Sincerely
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C: Steven Williams
Marco Island Executive Airport Immokalee Regional Airpoirt Everglades Airpark
2005 Mainsail Drive Ste, 1 165 Airpaic Boulevard P0. Box BB9
Naples, FL 341146955 Imrnokalee, FL 34142 650 E.C. Airpark Road
239) 3943355
(239)657.9003 Everglades City, FL 34139
i239) 642 -5427 Fax (239) 657 -9191 Fax (239) 6952776
(239) 695.3556 Fax
� O
v �
April 29, 2011
Mr. Gregory Shepard
2243 Peck Street
Fort Myers, FL 33901
Mr. Shepard,
COLLIER COU1VTyA1RP0R7.AUTY0R17->-
2005Mainsad Drive Ste. 1
Nap /es, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
www.collieraviatlon. com
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired December 31, 2010. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 14, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot, plus applicable sales tax, will be charged for
an aeronautical use determination and $0.14 per square foot, plus applicable sales tax, will be charged
for an non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot, plus applicable sales tax, based on an aeronautical rate. The amount of
square footage leased by you is 148,500 square feet. This action to establish payment was confirmed by
email sent to you on April 14, 2011 from Attorney Steven Williams. The rent payment due to the Airport
Authority will be $1,237.50, plus applicable sales tax, per month until an FAA determination is made. If
you have any further questions please contact me by email or telephone.
Sincerely
66"
Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C; Steven Williams, Assistant County Attorney
Cl Marco Island Executive Airport
F-1 krmdcalse889iona(Airpoirt
EvergladesAirpark
2005 Mainsail Drive Ste, 1
185 Mpark Boulevard
P.O. Box am
NapW. FL 341148955
IrrxnO Wn, FL 34142
850 EC. Airpark Food
(239) 3943355
(239) &57.9()03
Everglades City. FL 34139
(239) 642 -5427 Fax
(239) 657.9191 Fax
(239) 895.2778
(239) 695.3558 Fax
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
FYI
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
- 436g72 fF
CurryChris
Tuesday, July 12, 201112:10 PM
GrimshawHeather
FW: Immokalee Airport Subleases to Shepard - follow up
Mayhood April 29 Rent Letter.pdf
From: CurryChris
Sent: Tuesday, June 28, 20113:59 PM
To: WilliamsSteven
Subject: RE: Immokalee Airport Subleases to Shepard - follow up
Steve, I have attached the letter sent to Mr. Mayhood on April 291". When Mr. Mayhood's lease expired March 201, 1
allowed him a short period of time to continue at $.07 per square foot until we had a meeting. Starting in May 2011 he
was raised to the minimum non - aeronautical use rate. Mr. Shepard, was allowed approximately 4 months to continue
at his $.05 per square foot rate and his rent was raised in May. Mr. Shepard should be advised that he is 30 days past
due on his rent and we must ensure that he has paid his back taxes before entering a new lease with the county.
From: WilliamsSteven
Sent: Tuesday, June 28, 20113:13 PM
To: CurryChris
Subject: FW: Immokalee Airport Subleases to Shepard - follow up
FYI...
cftc.vz
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams (a >,colliergov.net
From: Bruce Sands [mailto:Bruce.Sands @henlaw.com]
Sent: Tuesday, June 28, 20113:13 PM
To: WilliamsSteven
Cc: Greg; Bruce Sands
Subject: Immokalee Airport Subleases to Shepard - follow up
Steve:
I wanted to follow up on the status of the leases, as well as some additional issues to which Mr Shepard inquired.
First, I had made changes to the Lease form, including (but not limited to) Section 5 (Use of Premises) to state
The Sublessee may utilize the Premises for any use which complies with any codes and regulations established by the
Federal Aviation Administration ( "FAA ") applicable to the Sublessee or his assigns.
I informed my client that you were reluctant to change the language in the subleases, so Mr. Shepard followed up with the
following questions:
Could you please clarify? Under paragraph 5; Use of Premises. The sole and exclusive purpose of this Sub -Lease is for
the Sub - Lessee to operate a non - profit museum.
Will I be permitted it's use for my own aircraft, aircraft on loan to the museum or myself and if I assign the lease can the
assigned operate his aircraft and /or business without violating the lease?
Also, my client contacted Debbie Muller and requested a copy of all of the additional fees that he has been paying (above
and beyond rental payments) which were required for restoration, maintenance, storage and crop dusting on the
Immokalee airport. Her response to my client was "it will take some time ", but it should be a rather simple procedure to
print out his payment history. Could your office request a copy and forward this history to me?
My client also requested a copy of the letter from Mr. Curry to the other private owned hanger on the field which is owned
by Mr. Mayhood. It's a larger hanger than my client's and used to store personal aircraft (Mr. Shepard used to share this
hanger with Mr. Mayhood). It is my client's understanding that Mr. Curry sent Mr. Mayhood a letter stating that although
his lease expired in March, he could continue to pay his original amount $0.07 per sq ft per year until a new lease was
signed. Mr. Shepard's lease was up in December, but for some reason Mr. Curry (as approved by your office) raised my
client's price per square foot to $0.10 from $0.05 before Mr. Shepard's new lease is signed. May I have a copy of this
letter as well?
Finally, my client mentioned that one of the terms that has not yet been addressed in the sublease(s) is the fact that as he
removes certain improvements (the fuel tanks and /or one or more structures), the area included in the demised premises
would be reduced, having the net effect of reducing his rental payments. Please incorporate this provision in the revised
subleases.
We appreciated your assistance in this matter.
Thanks,
Bruce
Bruce Sands
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial: 239.344.1262
Direct Fax: 239.344.1546
Bruce.Sands @henlaw.com
www.henlaw.com
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electronic mail to this entity. Instead, contact this office by telephone or in writing-
'o-Al 111pkii,
CIO
0
G COLLIER COUNTYAIRPORTAUTHORITY
y 2005 Mainsail Drive Ste, 1
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
ai/ www.collieraviation.com
April 29, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot plus applicable sales tax will be charged for an
aeronautical use determination, and $0.14 per square foot plus applicable sales tax will be charged for a
non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and me. The rent payment due
to the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination
is made. If you have any further questions please contact me by email or telephone.
Sincerely
447 Chris Curry
Executive Director
chriscurry@colliergov.net
239 - 642 -7878
C: Steven Williams
Marco IslandExeculiveAirpon ImmdcaleeReg*mlAirpoirt ❑ Everglades Airpark
2005 Mainseil Drive Ste. 1 165 Aipark Boulevard P.O. Box BB9
Naples, FL 34114 -55 Irm &Ale%FL 34142
650 E.C. Airpark Road
239)394-3355 (239) 657.9003 Everglades Coy, FL 34139
(239) 642.5427 Fax (239) 6579191 Fax (239) 695-2778
(239) 695 -3558 Fax
Martha S. Vergara
From: CurryChris
Sent: Wednesday, July 27, 20112:15 PM
To: ColettaJ im
Subject: RE:
Attachments: Mayhood Aeronautical Determination. pdf
Commissioner, thanks for forwarding the email that you received from Mr. Fletcher. I will provide you a summary of
where we are today with those discussions. All documents have been sent to both tenants that we are negotiating new
lease agreements. I met with Mr. Mayhood and his daughter on April 25th along with Steven Williams (county attorney)
and Thomas Vergo (Airport Manager). At that time we had a difference of opinion related to aeronautical and non -
aeronautical use. We both agreed that a letter would be sent to the FAA to let them assist with a determination. We
also agreed that prior to sending the letter, I would send a draft copy for his review. I sent the draft letter prior to
sending a letter to the FAA to make sure that all issues /items were stated correctly. After waiting more than 2 weeks for
a reply from Mr. Mayhood, I sent the letter to the FAA. After the meeting on the 25th, we arranged a meeting the same
week to inspect his aircraft hangar. Although Mr. Mayhood has some nice aircraft that may be capable of flying and
while I appreciate the photos sent by Mr. Fletcher, the primary issue with aeronautical is are they flying or have been
flown recently? My letter to Mr. Mayhood asked him to provide flight logs and other items suggested by the FAA to
prove aeronautical use. That letter was sent to Mr. Mayhood a couple weeks ago with a date to provide documentation
by July 31, 2011. At that time we can determine his use and assign an appropriate cost. The other items that were not
displayed in the pictures sent by Mr. Fletcher were several jeeps, a few generators, commercial washer and dryer and
several disassembled aircraft /helicopters that Tom Vergo and I saw during the hangar inspection. These items are
clearly non - aeronautical and those must be considered in assigning any credit that may be granted for his use.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: ColettaJim
Sent: Tuesday, July 26, 2Q11 5:05 PM
To: walterwfletcher @gmail.com
Cc: CurryChris
Subject: FW:
Chris Curry
Last Tuesday I have opportunity to meet with Mr. Fletcher whom advocated on behalf of his neighboring tenants at
the Immokalee Airport regarding the tenets being charged a non - aviation rent when they had flyable aircraft in their
respective hangers. Mr. Curry at our meeting you referenced that the proof of flyable aircraft is in the flight logs of the
respective aircrafts. Please relay this information on to Mr. Fletcher so that he can assist his neighbors. A second related
e -mail will be following this mailing with additional pictures.
On a side note I did notice that the picture of both the Helicopter and the Blue Plane in the last picture had an deep
layer of dust of them. Of course the dust in its self is proof positive that the planes are not flyable.
Jim Coletta
- - - -- Original Message - - - --
From: Walter Fletcher j mailto :walterwfletcher @gmail.coml
Sent: Friday, July 22, 201112:15 PM
To: ColettaJim
Subject:
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.
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.
COLLIER COUNTY AIRPORT AUTHORITY
y 2005 Mainsail Drive, Suite 1
•e Naples, FL 34114 -8955
v (239) 642 -7878
Fax (239) 394 -3515
ww-w.collieraviation.com
May 16, 2011
Mrs. Krystal Ritchey
Airport Program Manager
FAA, ORL -ADO
5950 Hazeltine National Drive, Suite 400
Orlando, FL. 32822 -5024
Dear Mrs. Ritchey,
0;7-k
I am writing this letter seeking a Federal Aviation Administration (FAA) determination. I am currently
negotiating a lease with a tenant who is located at the Immokalee Regional Airport. The issue involves the
appropriate determination of aeronautical versus non - aeronautical use. The building discussed in #17
depicted on the Airport Layout Plan (Attachment A).
Mr. Mayhood has been a tenant since March 10, 1981 and had a lease for 87,120 square feet of property
located at Immokalee Regional Airport that expired March 31, 2010. We are currently in negotiations in
effort to renew his lease term. This lease involves one (1) building referred to as Hangar #17. The Tenant
and I inspected Hanger # 17 and it is currently used to store five (5) aircraft that he has stated as flyable for
his personal use, three jeeps, tools, a few appliances and airplane parts.
As you are aware, as a new director I am trying to establish fair market value pricing for non - aeronautical
activities moving forward. FAA 5190.66 says that rates charged for non - aeronautical use of the airport must
be based on fair market value. Fair market value pricing of airport facilities can be determined by reference
to negotiated fees charged for similar uses of the airport or by appraisal of comparable properties. Our
recent two appraisals confirmed land value price to be $0.14 per square foot at the Immokalee Regional
Airport. It is my understanding that as a recipient of FAA Grants, that we are in violation of our grant
assurances if we do not charge an appropriate rental and fee structure which will make the Airport as self
sustaining as possible. The tenant and I have differing opinions as to what is aeronautical versus non -
aeronautical. I do not feel that simply having flyable aircraft constitutes an aeronautical use. I would
request your help in determining his use so that we can finalize his new lease agreement. Thanks in
advance for your help.
Sincerely,
Chris Curry
Executive Direct
Marco Island Executive Airport Immokalee Regional Airport Everglades Park
2005 Mainsall Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road
Maples, FL 34114 -8955 Immokalee, FL 34142 Everglades City, FL 34139
239.394.3355 239.657.9003 239.695.2778
239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax
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Martha S. Vergara 435472-S7
From: VergoThomas
Sent: Sunday, November 06, 201112:26 PM
To: CurryChris
Subject: Open Projects/Tasks For Immokalee Regional Airport
Chris,
Below is the running list that I have on projects and issues we are working on. I wanted to keep you
informed of my progress and actions since we have so much going on right now.
"Leases (Hester - Cattle, Corky Mayhood -Land Lease, Fletcher - Staging Area and Bulk Hangar)
* *EDC Projects (Project Kilo and Project Golden Splendor) Updates
* *Q.E. Dirt Pile Status
* *Fletcher Fuel Tank Request (how are we proceeding)
"Fletcher Bulk Hangar Lease (Aircraft Storage, RV, Trash disposal, Crossing Runway, Chemical
Deliveries)
* *Gate Access Plans and policies - In draft form
* *Chevron Sign - Tiffany is working on sign installation next to fuel farm (Hiller Group is paying
all costs)
* *Gate C Replacement (Operator From Marco)
* *FIS Building Foam Issues - Collier County Facilities is hiring contractor for work
* *Incubator Building Rear Cleanup - need to schedule meeting with Larry Fox
* *FAP Lease Renegotiation
**Salazar Lease
"Fiber Optic Connectivity For Terminal Building
* *Shovel Ready Projects (Airpark Blvd Extension, IMM RW Rehab)
* *IMM RW 18/36 and TW Alpha Lighting Upgrades
* * Facebook - Need Approval Before Continuing
* * IMM Quarterly Newsletter - Draft Form
* * IMM/CCAAA External Website - Gathering Information (Probably will speak with Debbie B
on this to take over)
"National guard - Trying to schedule Meeting ASAP
* *Shepard's Lease Inspection - no response yet (he is storing non-owned equipment and aircraft)
* *Green Technologies and UNC Meetings - Waiting on Dates from Uwe
* * IMM Security Plan - waiting on State approval
**IMM Rates and Fees - Draft Form (Working with Bob and Debi on drafts/updates/additions)
**RW 18/36, TW Alpha, Airport Beacon Project - working with HoleMontes on getting numbers
down to available budget.
**USDA Buildout
Under Florida Law, e rnaif addresses are public records If you do not want your 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,
Martha S. Ve
From: MuellerDebi
Sent: Tuesday, January 03, 2012 2:22 PM
To: CurryChris
Subject: RE: Mayhood Lease review
#35q7ZS
Sorry, yes I did. On page 4 paragraph 17 we need to change ninety days to one hundred twenty.
I also had a question regarding paragraph 21. It states that with respect to any terms in the sub -lease which are in
conflict with the Lease Manual, the Lease Manual shall control. My question is will the currently approved lease manual
for aircraft storage space also apply to these types of agreements?
neLi, ML�eUer
From: CurryChris
Sent: Tuesday, January 03, 2012 2:15 PM
To: MuellerDebi
Subject: Mayhood Lease review
Debi, have you reviewed the lease for Corky Mayhood?
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
Under Florida t_aw, 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
electrnrric mad to this entity instead, contact this office by telephone or in writing.
X25 (/ 725
Martha S. Vergara
From: Muellerpebi
Sent: Tuesday, January 03, 2012 2:26 PM
To: CurryChris
Subject: RE: Mayhood Lease review
OK, I put the lease in your box.
Dtbi tAvoG'.Pr
From: CurryChris
Sent: Tuesday, January 03, 2012 2:24 PM
To: MuellerDebi
Subject: RE: Mayhood Lease review
Thanks, please return the lease I gave to you. The current lease manual for storage only applies to T- hangars and storage
units.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: MuellerDebi
Sent: Tuesday, January 03, 2012 2:22 PM
To: CurryChris
Subject: RE: Mayhood Lease review
Sorry, yes I did. On page 4 paragraph 17 we need to change ninety days to one hundred twenty.
I also had a question regarding paragraph 21. It states that with respect to any terms in the sub -lease which are in
conflict with the Lease Manual, the Lease Manual shall control. My question is will the currently approved lease manual
for aircraft storage space also apply to these types of agreements?
From: CurryChris
Sent: Tuesday, January 03, 2012 2:15 PM
To: MuellerDebi
Subject: Mayhood Lease review
1
Debi, have you reviewed the lease for Corky Mayhood?
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under I lorida Law, e-mail addresses are public records. If YOU do not want your, e-mail address released in response to a public records fequest do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Vergara q� 3 � %2W
From: CurryChris
Sent: Monday, May 16,201110:41 AM
To: Krysta1.Ritchey @faa.gov
Cc: VergoThomas
Subject: Use Determination
Krystal, I have attached a letter requesting your assistance in determining the appropriate use of a tenant located at
Immokalee. This is the last of this type of arrangement at the airport that has been in existence for awhile. Thanks
Mayhood
Aeronautical De...
Under 1 londa 1_aw, e-mail addresses are public records. If you do riot want your e-mail address released in response to a public records request, do riot send
electronic mail to Ibis entity. lnstead. cont act this office by telephone or in writing.
COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Suite 1
v s Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
www.collieramiation.com
May 16, 2011
Mrs. Krystal Ritchie
Airport Program Manager
FAA, ORL -ADO
5950 Hazeltine National Drive, Suite 400
Orlando, FL. 32822 -5024
Dear Mrs. Ritchie,
I am writing this letter seeking a Federal Aviation Administration (FAA) determination. I am currently
negotiating a lease with a tenant who is located at the Immokalee Regional Airport. The issue involves the
appropriate determination of aeronautical versus non - aeronautical use. The building discussed in #17
depicted on the Airport Layout Plan (Attachment A).
Mr. Mayhood has been a tenant since March 10, 1981 and had a lease for 87,120 square feet of property
located at Immokalee Regional Airport that expired March 31, 2010. We are currently in negotiations in
effort to renew his lease term. This lease involves one (1) building referred to as Hangar #17. The Tenant
and I inspected Hanger # 17 and it is currently used to store five (5) aircraft that he has stated as flyable for
his personal use, three jeeps, tools, a few appliances and airplane parts.
As you are aware, as a new director I am trying to establish fair market value pricing for non - aeronautical
activities moving forward. FAA 5190.66 says that rates charged for non - aeronautical use of the airport must
be based on fair market value. Fair market value pricing of airport facilities can be determined by reference
to negotiated fees charged for similar uses of the airport or by appraisal of comparable properties. Our
recent two appraisals confirmed land value price to be $0.14 per square foot at the Immokalee Regional
Airport. It is my understanding that as a recipient of FAA Grants, that we are in violation of our grant
assurances if we do not charge an appropriate rental and fee structure which will make the Airport as self
sustaining as possible. The tenant and I have differing opinions as to what is aeronautical versus non -
aeronautical. I do not feel that simply having flyable aircraft constitutes an aeronautical use. I would
request your help in determining his use so that we can finalize his new lease agreement. Thanks in
advance for your help.
Sincerely,
C 4'o
Chris Curry
Executive Director
Marco Island Executive Airport Immokalee Regional Airport Everglades Park
2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road
Maples, FL 34114 -8955 Immokalee, FL 34142 Everglades City, FL 34139
239.394.3355 239.657.9003 239.695.2778
239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax
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N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \N
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
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+ + + + +
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+ + + x+ FUTURE AVIATION + I
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+ + + +X + •(38 ACRES) +
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+ + + + + + + t t t +
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Martha S. Vergara *,35�7Z&l
From: [urryChhs
Sent: Monday, May 16,201110:54 AM
To: KrysaiRitchey@Vfaa.gov
Subject: Use Determination
Krystal, with your name spelled correctly. Thanks
Mayhoo
Aeronautical De...
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 mmnm this entity Instead, contact this office uy telephone o,mwriting
AI ua� o
�� eo,s COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Suite 1
Naples, FL 34114 -8955
d (239) 642 -7878
Fax (239) 394 -3515
www.co llieraviation. Com
May 16, 2011
Mrs. Krystal Ritchey
Airport Program Manager
FAA, ORL -ADO
5950 Hazeltine National Drive, Suite 400
Orlando, FL. 32822 -5024
Dear Mrs. Ritchey,
";A
I am writing this letter seeking a Federal Aviation Administration (FAA) determination. I am currently
negotiating a lease with a tenant who is located at the Immokalee Regional Airport. The issue involves the
appropriate determination of aeronautical versus non - aeronautical use. The building discussed in #17
depicted on the Airport Layout Plan (Attachment A).
Mr. Mayhood has been a tenant since March 10, 1981 and had a lease for 87,120 square feet of property
located at Immokalee Regional Airport that expired March 31, 2010. We are currently in negotiations in
effort to renew his lease term. This lease involves one (1) building referred to as Hangar #17. The Tenant
and I inspected Hanger # 17 and it is currently used to store five (5) aircraft that he has stated as flyable for
his personal use, three jeeps, tools, a few appliances and airplane parts.
As you are aware, as a new director I am trying to establish fair market value pricing for non - aeronautical
activities moving forward. FAA 5190.68 says that rates charged for non - aeronautical use of the airport must
be based on fair market value. Fair market value pricing of airport facilities can be determined by reference
to negotiated fees charged for similar uses of the airport or by appraisal of comparable properties. Our
recent two appraisals confirmed land value price to be $0.14 per square foot at the Immokalee Regional
Airport. It is my understanding that as a recipient of FAA Grants, that we are in violation of our grant
assurances if we do not charge an appropriate rental and fee structure which will make the Airport as self
sustaining as possible. The tenant and I have differing opinions as to what is aeronautical versus non -
aeronautical. I do not feel that simply having flyable aircraft constitutes an aeronautical use. I would
request your help in determining his use so that we can finalize his new lease agreement. Thanks in
advance for your help.
Sincerely,
C�•2cJ C t�z2,� -
Chris Curry
Executive Direct
Marco Island Executive Airport Immokalee Regional Airport Everglades Park
2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road
Maples, FL 34114 -8955 Immokalee, FL 34142 Everglades City, FL 34139
239.394.3355 239.657.9003 239.695.2778
239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax
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Martha S. Ve
From: MuellerDebi
Sent: Monday, May 16, 201110:37 AM
To: CurryChris
Subject: Mayhood
Attachments: Mayhood Aeronautical Determi nation. pdf
T>eb� mveUeK
X9507Z�
Under Rorida Law, e -mail addresses are public records. It you do riot want your e -mail address released in response to a public records request, do riot Send
electronic; wail to this entity instead. contact this office by telephone or in wfifing
°yg COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Suite 1
Naples, FL 34114 -8955
v (239) 642 -7878
Fax (239) 394 -3515
www CUllierayjaUQn com
May 16, 2011
Mrs. Krystal Ritchie
Airport Program Manager
FAA, ORL -ADO
5950 Hazeltine National Drive, Suite 400
Orlando, FL. 32822 -5024
Dear Mrs. Ritchie,
I am writing this letter seeking a Federal Aviation Administration (FAA) determination. I am currently
negotiating a lease with a tenant who is located at the Immokalee Regional Airport. The issue involves the
appropriate determination of aeronautical versus non - aeronautical use. The building discussed in #17
depicted on the Airport Layout Plan (Attachment A).
Mr. Mayhood has been a tenant since March 10, 1981 and had a lease for 87,120 square feet of property
located at Immokalee Regional Airport that expired March 31, 2010. We are currently in negotiations in
effort to renew his lease term. This lease involves one (1) building referred to as Hangar #17. The Tenant
and I inspected Hanger # 17 and it is currently used to store five (5) aircraft that he has stated as flyable for
his personal use, three jeeps, tools, a few appliances and airplane parts.
As you are aware, as a new director I am trying to establish fair market value pricing for non - aeronautical
activities moving forward. FAA 5190.66 says that rates charged for non - aeronautical use of the airport must
be based on fair market value. Fair market value pricing of airport facilities can be determined by reference
to negotiated fees charged for similar uses of the airport or by appraisal of comparable properties. Our
recent two appraisals confirmed land value price to be $0.14 per square foot at the Immokalee Regional
Airport. It is my understanding that as a recipient of FAA Grants, that we are in violation of our grant
assurances if we do not charge an appropriate rental and fee structure which will make the Airport as self
sustaining as possible. The tenant and I have differing opinions as to what is aeronautical versus non -
aeronautical. I do not feel that simply having flyable aircraft constitutes an aeronautical use. I would
request your help in determining his use so that we can finalize his new lease agreement. Thanks in
advance for your help.
Sincerely,
( A'�J (u 22
Chris Curry
Executive Director
Marco Island Executive Airport Immokalee Regional Airport Everglades Park
2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road
Maples, FL 34114 -8955 Immokalee, FL 34142 Everglades City, FL 34139
239.394.3355 239.657.9003 239.695.2778
239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax
N 761,000
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(3.1 AC) + + + + + + +
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+I + + + + + + + + + + + + +
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+ + + + + + + + + � + EXISTING RP
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Martha S. Vergara ffg5q70<aa
From: MuellerDebi
Sent: Monday, May 16, 201110:52 AM
To: CurryChris
Subject: Mayhood
Attachments: Mayhood Aeronautical Determination.pdf
Debi, mveUeK
Under Florida Law, e Mail addresses are public records. It you do not want your e-mail address released in (esponse to a public records reqUeSt, do riot send
electwnlc snail to this entity Instead, contact this office, by terephone or in writing.
MV 00 I;A
eAs COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Suite 1
Naples, FL 34114 -8955
v (239) 642 -7878
Fax (239) 394 -3515
gnaw collieraviation.com
May 16, 2011
Mrs. Krystal Ritchey
Airport Program Manager
FAA, ORL -ADO
5950 Hazeltine National Drive, Suite 400
Orlando, FL. 32822 -5024
Dear Mrs. Ritchey,
I am writing this letter seeking a Federal Aviation Administration (FAA) determination. I am currently
negotiating a lease with a tenant who is located at the Immokalee Regional Airport. The issue involves the
appropriate determination of aeronautical versus non - aeronautical use. The building discussed in #17
depicted on the Airport Layout Plan (Attachment A).
Mr. Mayhood has been a tenant since March 10, 1981 and had a lease for 87,120 square feet of property
located at Immokalee Regional Airport that expired March 31, 2010. We are currently in negotiations in
effort to renew his lease term. This lease involves one (1) building referred to as Hangar #17. The Tenant
and I inspected Hanger # 17 and it is currently used to store five (5) aircraft that he has stated as flyable for
his personal use, three jeeps, tools, a few appliances and airplane parts.
As you are aware, as a new director I am trying to establish fair market value pricing for non - aeronautical
activities moving forward. FAA 5190.66 says that rates charged for non - aeronautical use of the airport must
be based on fair market value. Fair market value pricing of airport facilities can be determined by reference
to negotiated fees charged for similar uses of the airport or by appraisal of comparable properties. Our
recent two appraisals confirmed land value price to be $0.14 per square foot at the Immokalee Regional
Airport. It is my understanding that as a recipient of FAA Grants, that we are in violation of our grant
assurances if we do not charge an appropriate rental and fee structure which will make the Airport as self
sustaining as possible. The tenant and I have differing opinions as to what is aeronautical versus non -
aeronautical. I do not feel that simply having flyable aircraft constitutes an aeronautical use. I would
request your help in determining his use so that we can finalize his new lease agreement. Thanks in
advance for your help.
Sincerely,
C�l'�LJ C.-GG L2ti
Chris Curry
Executive Direct
Marco Island Executive Airport Immokalee Regional Airport Everglades Park
2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road
Maples, FL 34114 -8955 Immokalee, FL 34142 Everglades City, FL 34139
239.394.3355 239.657.9003 239.695.2778
239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax
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From:
Krystal.Ritchey @faa.gov
Sent:
Wednesday, May 25, 201110:52 AM
To:
CurryChris; william.garrison @faa.gov
Subject:
IMM Mayhood lease letter
Attachments:
Mayhood Letter Aeronautical Use.pdf
Please find attached the letter that will go out today.
Krystal Ritchey, P.E.
Program Manager
FAA, ORL -ADO
407 - 812 -6331, ext. 136, FAX: -6978
Use your talents to lift someone up today!
(See attached file: Mayhood Letter Aeronautical Use.pdf)
U.S. Department
of Transportation
Federal Aviation
Administration
May 25, 2011
Mr. Chris Curry
Executive Director
Collier County Airport Authority
2005 Mainsail Drive
Suite 1
Naples, Florida 34114 -8955
Dear Mr. Curry:
5950 Hazeltine National Drive, Suite 400
Orlando, Florida 32822
I am writing this letter in response to your May 16, 2011 letter regarding lease negotiations with Mr.
Mayhood. We offer the following guidance as you develop you new lease agreement.
Based on the grant assurance to be as self - sustaining as possible we find it appropriate for the airport
authority to charge the non - aeronautical use rate for the hangar in question unless Mr. Mayhood can
produce flight records documenting that the aircraft in his hangar are being flown on a regular basis.
These records should include fuel flowage fees and flight logs, and should identify the N number of the
aircraft along with the number of annual operations/ annual gallons of fuel. If Mr. Mayhood produces
these records, the airport authority may prorate the rental fees according to the percentage occupied by
flying aircraft and the percentage occupied by other equipment and property.
Please let me know if you have any questions.
Sincerely,
ORIGINAL SIGNED BY
Krystal G. Ritchey, P.E.
Program Manager
Martha S. Vergara 35q- 7
From:
CurryChris
Sent:
Wednesday, May 25, 2011 11:23 AM
To:
KlatzkowJeff; WilliamsSteven
Cc:
VergoThomas
Subject:
FAA Determination for Mr. Mayhood
Attachments:
Mayhood Letter Aeronautical Use.pdf
Gentlemen, I have attached a letter received from the FAA to determine the use for Mr. Mayhood.
Under Florida Law, e -mail addresses are public. records. If you do not want your e-inait address released in response to a public, records request, do not send
("iectrOnic Mail to this entity. Instead, contact this office by tolophono or in writing.
ab
U.S. Department
of Transportation
Federal Aviation
Administration
May 25, 2011
Mr. Chris Curry
Executive Director
Collier County Airport Authority
2005 Mainsail Drive
Suite 1
Naples, Florida 34114 -8955
Dear Mr. Curry:
5950 Hazeltine National Drive, Suite 400
Orlando, Florida 32822
I am writing this letter in response to your May 16, 2011 letter regarding lease negotiations with Mr.
Mayhood. We offer the following guidance as you develop you new lease agreement.
Based on the grant assurance to be as self - sustaining as possible we find it appropriate for the airport
authority to charge the non - aeronautical use rate for the hangar in question unless Mr. Mayhood can
produce flight records documenting that the aircraft in his hangar are being flown on a regular basis.
These records should include fuel flowage fees and flight logs, and should identify the N number of the
aircraft along with the number of annual operations/ annual gallons of fuel. If Mr. Mayhood produces
these records, the airport authority may prorate the rental fees according to the percentage occupied by
flying aircraft and the percentage occupied by other equipment and property.
Please let me know if you have any questions.
Sincerely,
ORIGINAL SIGNED BY
Krystal G. Ritchey, P.E.
Program Manager
Martha S. Vergara
From: CurryChris
Sent: Wednesday, May 25, 201111:24 AM
To: Krysta1.Ritchey @faa.gov
Subject: RE: IMM Mayhood lease letter
Thanks
From: Krysta1.Ritchey @ faa.gov [Krystal.Ritchey @faa.gov]
Sent: Wednesday, May 25, 201110:51 AM
To: CurryChris; william.garrison @ faa.gov
Subject: IMM Mayhood lease letter
Please find attached the letter that will go out today.
Krystal Ritchey, P.E.
Program Manager
FAA, ORL -ADO
407 - 812 -6331, ext. 136, FAX: -6978
Use your talents to lift someone up today!
(See attached file: Mayhood Letter Aeronautical Use.pdf)
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.
Martha S. Vergara c-35 q7 7 2- i�7
From: CurryChris
Sent: Wednesday, May 25, 20111:48 PM
To: BrueggemanDebra
Subject: Fwd: IMM Mayhood lease letter
Attachments: Mayhood Letter Aeronautical Use.pdf
Please file, Chris
Sent from my Verizon Wireless Phone
- - - -- Forwarded message - - - --
From: "Krystal.Ritchey2faa.gov" <Krystal.Ritchey_gfaa.gov>
Date: Wed, May 25, 2011 10:51 am
Subject: IMM Mayhood lease letter
To: "CurryChris" <ChrisCun cr collier og v net >, "william.garrison(?faa.goy" <william.;arrison cz faa.goy>
Please find attached the letter that will go out today.
Krystal Ritchey, P.E.
Program Manager
FAA, ORL -ADO
407 - 812 -6331, ext. 136, FAX: -6978
Use your talents to lift someone up today!
(See attached file: Mayhood Letter Aeronautical Use.pdf)
Under Florida Law, e -rnail addresses are public records. If you do not want your e -rnail address released in response to a pUblic records request, do riot send
electronic mall to this entity. Instead, contact this office by telephone or in writing_
a
U.S. Department
of Transportation
Federal Aviation
Administration
May 25, 2011
Mr. Chris Curry
Executive Director
Collier County Airport Authority
2005 Mainsail Drive
Suite I
Naples, Florida 34114 -8955
Dear Mr. Curry:
5950 Hazeltine National Drive, Suite 400
Orlando, Florida 32822
I am writing this letter in response to your May 16, 2011 letter regarding lease negotiations with Mr.
Mayhood. We offer the following guidance as you develop you new lease agreement.
Based on the grant assurance to be as self - sustaining as possible we find it appropriate for the airport
authority to charge the non - aeronautical use rate for the hangar in question unless Mr. Mayhood can
produce flight records documenting that the aircraft in his hangar are being flown on a regular basis.
These records should include fuel flowage fees and flight logs, and should identify the N number of the
aircraft along with the number of annual operations/ annual gallons of fuel. If Mr. Mayhood produces
these records, the airport authority may prorate the rental fees according to the percentage occupied by
flying aircraft and the percentage occupied by other equipment and property.
Please let me know if you have any questions.
Sincerely,
ORIGINAL SIGNED BY
Krystal G. Ritchey, P.E.
Program Manager
Martha S. Vergara
From: CurryChris
Sent: Thursday, May 26, 20118:36 AM
To: FialaDonna; HillerGeorgia; ColettaJim; HenningTom; CoyleFred
Cc: OchsLeo
Subject: FW: IMM Mayhood lease letter
Attachments: Mayhood Letter Aeronautical Use.pdf
Commissioners, I have forwarded a copy of the FAA determination. Mr. Mayhood is a tenant at Immokalee Airport and
his lease has recently expired. Mr. Mayhood and I had conflicting views as to the use of his property. He felt that his use
was aeronautical and I felt that it was non - aeronautical. This determination was important because it ultimately will
determine his cost per square foot. As mentioned previously, I wanted the FAA to confirm my position so that it would
provide you with additional comfort with my decision. This letter should resolve that issue and allow the attorney to
finalize the lease.
- - - -- Original Message---- -
From: Krvstal.Ritchev @faa.gov [ma i Ito: Krysta1.Ritchey @faa.govl
Sent: Wednesday, May 25, 201110:52 AM
To: CurryChris; william.g_arrison @faa.gov
Subject: IMM Mayhood lease letter
Please find attached the letter that will go out today.
Krystal Ritchey, P.E.
Program Manager
FAA, ORL -ADO
407- 812 -6331, ext. 136, FAX: -6978
Use your talents to lift someone up today!
(See attached file: Mayhood Letter Aeronautical Use.pdf)
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.
a
U,S. Department
of Transportation
Federal Aviation
Administration
May 25, 2011
Mr. Chris Curry
Executive Director
Collier County Airport Authority
2005 Mainsail Drive
Suite 1
Naples, Florida 34114 -8955
Dear Mr. Curry:
5950 Hazeltine National Drive, Suite 400
Orlando, Florida 32822
I am writing this letter in response to your May 16, 2011 letter regarding lease negotiations with Mr.
Mayhood. We offer the following guidance as you develop you new lease agreement.
Based on the grant assurance to be as self - sustaining as possible we find it appropriate for the airport
authority to charge the non- aeronautical use rate for the hangar in question unless Mr. Mayhood can
produce flight records documenting that the aircraft in his hangar are being flown on a regular basis.
These records should include fuel flowage fees and flight logs, and should identify the N number of the
aircraft along with the number of annual operations/ annual gallons of fuel. If Mr. Mayhood produces
these records, the airport authority may prorate the rental fees according to the percentage occupied by
flying aircraft and the percentage occupied by other equipment and property.
Please let me know if you have any questions.
Sincerely,
ORIGINAL SIGNED BY
Krystal G. Ritchey, P.E.
Program Manager
Martha S. Vergara
From:
BartlettKristi on behalf of CoyleFred
Sent:
Thursday, May 26, 20118:41 AM
To:
Fred Coyle
Subject:
FW: IMM Mayhood lease letter
Attachments:
Mayhood Letter Aeronautical Use.pdf
Kristi J. Bartlett
Executive Aide to Commissioner Fred Coyle, Chairman District 4
KristiBartlettecolliergov.net
239.252.8097
- - - -- Original Message---- -
From: CurryChris
Sent: Thursday, May 26, 20118:36 AM
To: FialaDonna; HillerGeorgia; ColettaJim; HenningTom; CoyleFred
Cc: OchsLeo
Subject: FW: IMM Mayhood lease letter
Commissioners, I have forwarded a copy of the FAA determination. Mr. Mayhood is a tenant at Immokalee Airport and
his lease has recently expired. Mr. Mayhood and I had conflicting views as to the use of his property. He felt that his use
was aeronautical and I felt that it was non - aeronautical. This determination was important because it ultimately will
determine his cost per square foot. As mentioned previously, I wanted the FAA to confirm my position so that it would
provide you with additional comfort with my decision. This letter should resolve that issue and allow the attorney to
finalize the lease.
- - - -- Original Message---- -
From: Krvstal.Ritchev@_ faa.gov [ma i Ito: Kr_ysta1.Ritchey @faa.gov]
Sent: Wednesday, May 25, 201110:52 AM
To: CurryChris; william.garrison@faa.gov
Subject: IMM Mayhood lease letter
Please find attached the letter that will go out today.
Krystal Ritchey, P.E.
Program Manager
FAA, ORL -ADO
407- 812 -6331, ext. 136, FAX: -6978
Use your talents to lift someone up today!
(See attached file: Mayhood Letter Aeronautical Use.pdf)
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.
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.
4
U.S. Department
of Transportation
Federal Aviation
Administration
May 25, 2011
Mr. Chris Curry
Executive Director
Collier County Airport Authority
2005 Mainsail Drive
Suite 1
Naples, Florida 34114 -8955
Dear Mr. Curry:
5950 Hazeltine National Drive, Suite 400
Orlando, Florida 32822
I am writing this letter in response to your May 16, 2011 letter regarding lease negotiations with Mr.
Mayhood. We offer the following guidance as you develop you new lease agreement.
Based on the grant assurance to be as self - sustaining as possible we find it appropriate for the airport
authority to charge the non- aeronautical use rate for the hangar in question unless Mr. Mayhood can
produce flight records documenting that the aircraft in his hangar are being flown on a regular basis.
These records should include fuel flowage fees and flight logs, and should identify the N number of the
aircraft along with the number of annual operations/ annual gallons of fuel. If Mr. Mayhood produces
these records, the airport authority may prorate the rental fees according to the percentage occupied by
flying aircraft and the percentage occupied by other equipment and property.
Please let me know if you have any questions.
Sincerely,
ORIGINAL SIGNED BY
Krystal G. Ritchey, P.E.
Program Manager
mr��_��
Martha S ��e -n�����r������
From:
To:
Cc:
Subject:
Tammy: Please assign toSteve.
Klatzkow]eff
Tuesday, September I3'201l3:I3PK4
A|thouseTammy
VVU|iomsSteven; [urry[hris; NeetVi»ginio
FW: Request for Legal Services
Request for Legal Services D[Air.doc
Steve: This should be cut 8kpaste. Have Dinnydoa 1st draft based on the Shepard Lease.
From:CurnChhs
Sent: Tuesday, September 13,ZO112:47RM
To:0atzkow]eff
Subject: Request for Legal Services
The name and address are asfollows:
Mr. Leroy K4ayhood,President
DI. Air Inc
Z4O20 Production Circle
Bonita Springs, FL 3413E
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under Florida Law, e-rnail addresses arc., public rcxords, If you do not want your e-mail addross released in response to a public record,,, request, do not seiid
clectronic rnail to this entry Instead, contact this office by lolephono or in writing.
ITEM NO.:
FILE NO.:
ROUTED TO:
DATE RECEIVED:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: September 13, 2011 To: Office of the County Attorney, Attn: Klatzkow
From: ChrisCurry Executive Director
(Name) (Title)
Airport Authority
(Division) (Department)
Telephone # (VerX Important): 642 -7878
Re: Lease for DC Air
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and articulate.)
DC Air is a business that is located at the Immmokalee Regional Airport. There lease expired March 31, 2011
(Are there documents or other information needed to review this matter? If yes, attach and reference this information.)
This item has /has not been previously submitted.
(If previously submitted provide County Attorney's Office File No.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
I would like to have a lease for a term of 10 years and my timelime is to have it on the
agenda for October 11, 2011 for board approval. The boiler plate lease should be identical
in most cases to the recent lease for Mr. Gregory Shepard.
OTHER COMMENTS:
cc:
(All requests must be copied to your appropriate Division Head or Constitutional Officer.)
Martha S. Vergara
35g 7Z 7/
From: PrietoEvelyn
Sent: Monday, April 11, 20113:20 PM
To: HenningTom
Subject: PHONE MESSAGE FOR ALL COMMISSIONERS - DICK RICE - 503 -5112
FYI
From: JacobsSusan
Sent: Monday, April 11, 20113:17 PM
To: QL_BCCSEC
Subject: PHONE MESSAGE FOR ALL COMMISSIONERS - DICK RICE - 503 -5112
Wants to speak to all commissioners regarding pulling Immokalee Airport lease agreement from this
agenda. Please call asap.
Sue Jacobs
Executive Aide
Board of Collier County Commissioners
Commissioner Donna Fiala - District 1
Collier County Government
W. Harmon Turner Building, (F)
3299 Tamiami Trail East, Suite 303
Naples, FL 34112 -5746
(239) 252 -8097 - phone
(239) 252 -6407 — fax
susaniacobse colliergov.net
APlease consider the environment before printing this e -mail.
Under Florida I aw. e -mail addresses are public records. If you do not want your e -mail address released m response to a public records request, do not send
electronic, mail to this entity. Instead. contact th s office by teiephone or in wnt(ng.
Martha S. Vergara 'O 727"
From: CurryChris
Sent: Tuesday, September 13, 20112:48 PM
To: KlatzkQwJeff
Subject: Request for Legal Services
Request for Legal
Services OC
The name and address are as follows:
Mr. Leroy Mayhood, President
D.C. Air Inc
24020 Production Circle
Bonita Springs, FL 34135
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under Honda 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 entry. Instead contact this office, by telephone or in wnfi ng
ITEM NO.:
FILE NO.:
ROUTED TO:
DATE RECEIVED:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: September 13, 2011 To: Office of the County Attorney, Attn: Klatzkow
From: ChrisCurry Executive Director
(Name) (Title)
Airport Authority
(Division) (Department)
Telephone # (Very Important): 642 -7878
Re: Lease for DC Air
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and articulate.)
DC Air is a business that is located at the Immmokalee Regional Airport. There lease expired March 31, 2011
(Are there documents or other information needed to review this matter? If yes, attach and reference this information.)
This item has/has not been previously submitted.
(If previously submitted provide County Attorney's Office File No.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
I would like to have a lease for a term of 10 years and my timelime is to have it on the
agenda for October 11, 2011 for board approval. The boiler plate lease should be identical
in most cases to the recent lease for Mr. Gregory Shepard.
OTHER COMMENTS:
cc:
(All requests must be copied to your appropriate Division Head or Constitutional Officer.)
Martha S. Veraara
From:
Sent:
To:
Subject:
Sir:
Please call.
Thank you,
Paula
SpringsPaula
Monday, April 11, 2011 4:00 PM
ColettaJim
FW: PHONE MESSAGE FOR ALL COMMISSIONERS - DICK RICE - 503 -5112
From: JacobsSusan
Sent: Monday, April 11, 20113:17 PM
To: DL BCCSEC
Subject: PHONE MESSAGE FOR ALL COMMISSIONERS - DICK RICE - 503 -5112
72-
Wants to speak to all commissioners regarding pulling Immokalee Airport lease agreement from this
agenda. Please call asap.
Sue Jacobs
Executive Aide
Board of Collier County Commissioners
Commissioner Donna Fiala - District 1
Collier County Government
W. Harmon Turner Building, (F)
3299 Tamiami Trail East, Suite 303
Naples, FL 34112 -5746
(239) 252 -8097 - phone
(239) 252 -6407 — fax
susaniacobs@colliergov.net
APlease consider the environment before printing this e -mail.
Under Honda Law. e- rrsail addresses are public records If you do not want your e -mm I addrerss released in response to a public records rmuest do not so rid
e lectronir mail to this entity Instead, contact thus office by telephone or in writing.
Martha S. Vergara - 9, 5 -q, 72- 74/ -
From: CurryChris
Sent: Tuesday, September 13, 20113:22 PM
To: VergoThomas
Subject: Request for legal services
Tom, today I have sent a request for legal services for both the cattle lease for Mr. Hester and lease agreement for Mr.
Mayhood.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under Florida Law. e-mail addresses are public records It you do riot want your e-mail address released in response to a public records request, do riot send
elec'tr'onic: snail to this entity Instead, contact this office by telephone or in writing.
Martha S. Vergara
From: PrietoEvelyn
Sent: Friday, April 15, 20118:15 AM
To: HenningTom
Subject: Gregory Shepard - Immokalee Airport - Lease Agreement
Just as an FYI
From: Greg rmailto:g man migfl @ aol.coml
Sent: Friday, April 15, 20116:11 AM
To: PrietoEvelyn
Subject: Re: Today's Agenda Pg. 2314 -2369
135V7275
Good morning
Lease agreement terms were easily reached with the two county attorney representatives present at the meeting
yesterday. The urgency of a meeting with Mr. Henning due to the eviction on the agenda appears no longer present, but I
believe it is in the best interest of the county and the Immokalee community to continue forward with an appointment.
As always with my best regards, Gregory Shepard
239 872 5518
- - - -- Original Message---- -
From: PrietoEvelyn <EvelynPrieto(cDcolliergov.net>
To: gmanmigfl,Qg aol.com <gmanmigfl,(d )aol.com>
Sent: Thu, Apr 14, 2011 3:39 pm
Subject: Today's Agenda Pg. 2314 -2369
Mr. Shepard,
Please let me know if you still need to meet with Commissioner Henning.
Regards,
Evelyn Fernanda Prieto
Executive Aide to Board of County Commissioners
Aide to Commissioner Tom Henning, District 3
Collier County Government Center
3299 East Tamiami Trail — Suite 303
Naples, FL 34112
239.252.8097 (p) * 239.252.6554 (f)
evelvnprieto @colliergov.net
From: Greg [mailto_gmanmigfl (aaol.com]
Sent: Tuesday, April 12, 20117:42 AM
To: HenningTom
Subject: Today's Agenda Pg. 2314 -2369
Dear Mr. Henning
I would like to schedule a meeting as soon as possible to discuss my land lease at the Immokalee Airport.
On today's agenda; G. Airport Authority; 2314 -2369 is the recommendation to authorize the county attorney to take all
necessary action including filing a lawsuit, to evict Gregory Shepard from his present location at the Immokalee Regional
Airport, and pursue any holdover rent, damages, and cost that may be due and owing to the Airport Authority.
In an overwhelming vote at yesterday's Airport Advisory board meeting it was to be removed.
My rent is paid in full and was awaiting Mr. Curry's lease demands in writing as promised in a meeting with Mr. Coletta in
his office last month. I have received no such demands and have had this same problem since December. I have found
Mr. Curry to be dishonest, underhanded and to this day no idea of terms for a lease agreement and find it impossible to
receive any cooperation to move forward.
Best Regards, Gregory Shepard
239 872 5518
Under Florida Law, e -mail addresses are public records. If you do not want your e-mail adcdross released in response to a public records request, do not ,;ond
electronic mead to this entity. Instead, contract this office;,, by telephone or in writing.
Martha S. Vergara
From: CurryChris
Sent: Tuesday, September 13, 20114:08 PM
To: VergoThomas
Subject: RE: Shepard Lease Status
4J, ,5 (t 727
I can send you the final copy but it does not have his original signature. Mr. Mayhood's lease will be identical. I will
notify Mr. Shepard that we would like to inspect his hangar No later than September 21, 2011.
It]
FINAL 9 -7 -11
FINAL - 9 -7 -11
Bldg 7 and 8 Su...
Bldg 13 and 14...
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: VergoThomas
Sent: Tuesday, September 13, 20114:05 PM
To: CurryChris
Subject: Shepard Lease Status
Is it possible to see the lease that is being used for Shepard. I have questions on the disposal of trash from his site and
want to make sure I understand his access routes so we can ensure they are being complied with.
I am under the assumption that Mr. Mayhood's lease is virtually identical?
Also, you mentioned that we are going to be inspecting Shepard's site and buildings once his agreement was signed. Do
you have a date in mind yet?
Thanks,
Thomas
From: CurryChris
Sent: Tuesday, September 13, 20113:22 PM
To: VergoThomas
Subject: Request for legal services
Tom, today I have sent a request for legal services for both the cattle lease for Mr. Hester and lease agreement for Mr.
Mayhood.
1
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under Florida Law, e-rnail addresses are public records If you do not want your e -mail address released in response to a public records request. do not Seri
electronic mall to this entity Instead, contact this office by telephone or in writing
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this day of , 2011,
between the Board of County Commissioners of Collier County, Florida, acting in its capacity as
the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and Gregory
Shepard, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the
"Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub- Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease are the parcels improved with Buildings 7 and 8, and the site of private outdoor
fuel tanks located at the Immokalee Regional Airport, Airpark Boulevard, Immokalee, Florida, as
identified in attached Exhibit " ", hereinafter referred to as the "Premises."
3. Simultaneous Sub - Lease. This Sub -Lease is simultaneous with the Sub -Lease
between the Parties for Buildings 13 and 14 located at the Immokalee Regional Airport.
Breach of the Simultaneous Sub -Lease by Sub- Lessee shall void this Sub - Lease.
4. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate as follows:
a. Building 7 - Building 7 shall be leased for a period of three (3) years. On or before the
third anniversary of the date of this lease, Building 7 shall be removed from the premises
or torn down. The leasable area for Building 7 shall be 175' by 85' totaling 14,875 square
feet.
1
Revised: September 7, 2011 CAO
b. Building 8 - Building 8 shall be leased for a period of three (3) years after which it
shall be torn down or relocated to the leased space at Buildings 13 or 14. The leasable
area for Building 8 is 50' by 25' totaling 1,250 square feet.
5. Surrender at Expiration. Upon expiration or termination of lease term, Buildings 7
and 8 shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub- Lessee's expense, remove Building 7 and 8, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub- Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to operate a storage and maintenance facility associated with a non - profit museum, which
use the Board of County Commissioners, acting in its capacity as the Collier County Airport
Authority, has found to be in the public's interest. The Authority shall have the right to terminate
this Sub -Lease should the Sub - Lessee utilize the Premises in any manner inconsistent with the
approved use. In the event the Sub - Lessee shall cease to use the Premises for the purposes
described above, and such cessation of use shall continue for a period of sixty (60) days, this Sub -
Lease, at the option of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall
be terminated and the Sub - Lessee shall surrender and vacate the Premises to the Authority within
thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period
shall be tolled if such cessation is caused by events beyond the control of the Sub - Lessee such as
acts of God or if such cessation is due to closing for reconstruction or repairs to the Premises.
2
Revised: September 7, 2011 CAO
The Sub - Lessee and /or his Museum are to remove and no longer store any aircraft not
owned or loaned to the Sub - Lessee or the Museum unless approved in writing by the Airport
Manager.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.14 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be non - aeronautical in nature. The rent shall be paid in advance, for each month during the term
of this Sub - Lease. The base rent may increase; provided, however, such increases shall occur
only when it shall be determined that there has been an increase in the cost of living using the
official Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of
Labor Statistics, United States Department of Labor. The Consumer Price Index to be used will
be that for the South Urban Size C Area (or comparable index if such index in discontinued),
hereinafter called "CPI ". An increase in the monthly base rent, if any, shall be based upon a
comparison of the most recent CPI published for the current lease year against the most recent
CPI published greater than 12 months preceding the most current CPI. The amount of the
additional base rent shall be the percentage difference between the two preceding CPI's. In no
event shall the base rent, once increased, be decreased, nor shall it be increased more than once in
a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub- Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
Revised: September 7, 2011 GAO
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet En 'joyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub- Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub- 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
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to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate B access will be
provided to access Buildings 7 and 8.
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
ninety (90) days after termination of the Sub -Lease term, the Sub - Lessee shall redeliver
possession of the Premises to Authority in good condition and repair. The Sub - Lessee shall have
the right at any time during its occupancy of the Premises to remove any of its personal property,
equipment, and signs provided, however, at the termination of this Sub- Lease, Authority shall
have the option of either requiring Sub- Lessee to demolish and remove all improvements made by
Sub- Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub - Lessee to
retain said improvements with fixtures on the Premises which improvements and fixtures will
become the property of the Authority upon Sub - Lessee's vacation of the Premises.
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
Abandonment of Premises or discontinuation of Sub- Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and /or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
Revised: September 7, 2011 CAO
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
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Revised: September 7, 2011 CAO
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default bAuthority. 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 1St day of the second month the Sub - Lessee
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Revised: September 7, 2011 CAO
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations, The Sub - 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 obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be made by hand delivery, facsimile,
overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have
Revised: September 7, 2011 CAO
been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time
limit. For the purpose of calculating time limits which run from the giving of a particular notice
the time shall be calculated from actual receipt of the notice. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: Gregory Shepard
2243 Peck Street
Fort Myers, Florida 33901
cc: Henderson Franklin Starnes & Holt, P.A.
Attn: Bruce E. Sands, Esq.
P.O. Box 280
1715 Monroe St.
Ft. Myers, FL 33901
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or circumstance beyond the reasonable control of and without the fault or
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Revised: September 7, 2011 CAO
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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub - 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 Sub - Lessee shall use the Sub - 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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
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operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub- Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
I:
Witness (signature)
(print name)
Witness (signature)
(print name)
GREGORY SHEPARD
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AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
Revised: September 7, 2011 CAO
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
12
FRED W. COYLE, Chairman
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this day of , 2011,
between the Board of County Commissioners of Collier County, Florida, acting in its capacity as
the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and Gregory
Shepard, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the
"Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease are the parcels improved with Buildings 13 and 14 located at the Immokalee
Regional Airport, Airpark Boulevard, Immokalee, Florida as identified in attached Exhibit
hereinafter referred to as the "Premises."
3. Simultaneous Sub - Lease. This Sub -Lease is simultaneous with the Sub -Lease
between the Parties for Buildings 7 and 8, and the site of private outdoor fuel tanks located
at the Immokalee Regional Airport. Breach of the Simultaneous Sub -Lease by the Sub -
Lessee shall void this Sub - Lease.
4. Initial Term. Based upon a received engineering report stating the expected life
spans of Buildings 13 and 14 exceed 10 years, the initial term of this Sub -Lease shall commence
as of the date first set forth above, and unless extended as set forth herein, shall terminate in 10
years. The leasable area shall be 250' by 120' totaling 30,000 square feet for both buildings.
5. Surrender at Expiration. Upon expiration or termination of lease term, Buildings 13
and 14 shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove Building 13 and 14, tenant's personal property and trade fixtures
and those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
Revised: September 7, 2011 CAO
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to operate a storage and maintenance facility associated with a non - profit museum, which
use the Board of County Commissioners, acting in its capacity as the Collier County Airport
Authority, has found to be in the public's interest. The Authority shall have the right to terminate
this Sub -Lease should the Sub - Lessee utilize the Premises in any manner inconsistent with the
approved use. In the event the Sub - Lessee shall cease to use the Premises for the purposes
described above, and such cessation of use shall continue for a period of sixty (60) days, this Sub -
Lease, at the option of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall
be terminated and the Sub - Lessee shall surrender and vacate the Premises to the Authority within
thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period
shall be tolled if such cessation is caused by events beyond the control of the Sub - Lessee such as
acts of God or if such cessation is due to closing for reconstruction or repairs to the Premises.
The Sub - Lessee and /or his Museum are to remove and no longer store any aircraft not
owned or loaned to the Sub - Lessee or the Museum unless approved in writing by the Airport
manager.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.14 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be non - aeronautical in nature. The rent shall be paid in advance, for each month during the term
of this Sub - Lease. The base rent may increase; provided, however, such increases shall occur
only when it shall be determined that there has been an increase in the cost of living using the
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official Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of
Labor Statistics, United States Department of Labor. The Consumer Price Index to be used will
be that for the South Urban Size C Area (or comparable index if such index in discontinued),
hereinafter called "CPI ". An increase in the monthly base rent, if any, shall be based upon a
comparison of the most recent CPI published for the current lease year against the most recent
CPI published greater than 12 months preceding the most current CPI. The amount of the
additional base rent shall be the percentage difference between the two preceding CPI's. In no
event shall the base rent, once increased, be decreased, nor shall it be increased more than once in
a 12 month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub- Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
3
Revised: September 7, 2011 CAO
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub- Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access Buildings 13 and 14.
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
ninety (90) days after termination of the Sub -Lease term, the Sub - Lessee shall redeliver
possession of the Premises to Authority in good condition and repair. The Sub - Lessee shall have
the right at any time during its occupancy of the Premises to remove any of its personal property,
equipment, and signs provided, however, at the termination of this Sub - Lease, Authority shall
have the option of either requiring Sub - Lessee to demolish and remove all improvements made by
Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub - Lessee to
4
Revised: September 7, 2011 CAO
retain said improvements with fixtures on the Premises which improvements and fixtures will
become the property of the Authority upon Sub - Lessee's vacation of the Premises.
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
vii. Lessee's failure and /or failure of Lessee's invitees, agents, guests or sub -
lessee's to follow and law, rule, regulation and/or requirement applicable to
Revised: September 7, 2011 CAO
the Immokalee Regional Airport, if after written notice such failure is not
immediately cured.
b. Remedies of Authority.
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
6
Revised: September 7, 2011 CAO
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 1St day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Sub - Lessee, and without interference or hindrance. Notwithstanding the foregoing, nothing
7
Revised: September 7, 2011 CAO
herein shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations, The Sub - 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 obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
8
Revised: September 7, 2011 CAO
If to Sub - Lessee: Gregory Shepard
2243 Peck Street
Fort Myers, Florida 33901
cc: Henderson Franklin Starnes & Holt, P.A.
Attn: Bruce E. Sands, Esq.
P.O. Box 280
1715 Monroe St.
Ft. Myers, FL 33901
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub- 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - Lessee for himself, his personal representatives,
successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and
9
Revised: September 7, 2011 CAO
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
Sub - 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 Sub - Lessee shall use the Sub- 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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
10
Revised: September 7, 2011 CAO
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
Witness (signature) GREGORY SHEPARD
(print name)
Witness (signature)
(print name)
Remainder of page intentionally left blank.
Remaining signature page to follow.
11
Revised: September 7, 2011 CAO
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
I:
Deputy Clerk FRED W. COYLE, Chairman
Steven T. Williams
Assistant County Attorney
12
Revised: September 7, 2011 CAO
Martha S. Vergara _35472 7 7
From: VergoThomas
Sent: Friday, April 15, 201111:28 AM
To: CurryChris
Cc: BrueggemanDebra; MuellerDebi
Subject: FW: Gregory Shepard - delinquent Property Tax
Attachments: Rob Stoneburner.vcf
Chris — I received a similar call today from the Tax Collector's office that I had received a few weeks ago regarding Corky
Mayhood's buildings.
They let me know that they saw the BCC meeting on Tuesday and realized that Mr. Shepard is behind in paying some
taxes on his buildings. Mr. Stoneburner wanted to make us aware of this since the lease negotiations for Shepard are
currently in the works.
Thomas
From: Rob Stoneburner jmai Ito: rstoneburner @colliertax.com1
Sent: Friday, April 15, 2011 11:21 AM
To: VergoThomas
Subject: Gregory Shepard - delinquent Property Tax
Thomas,
An Immokalee Airport tenant, Gregory Shepard has delinquent taxes owed on his building at the Immokalee Airport. I
understand that Mr. Shepard has a lease that is up for renewal. I am unaware if there is any verbiage in the lease that
requires Mr. Shepard to maintain a non - delinquent status with regard to taxes. If there is a requirement, I wanted to
make you aware. If there is not, perhaps it could be an item of discussion in your negotiations.
Thanks,
Rob
Rob Stoneburner
Deputy Tax Collector
CoNier County Tax Collector
3 29 1 East Tamiarri Trail
f1aples, FL 34112 -5753
rstoneburner gcolliertax.com
,2391 252 -8051 +rrirk
http,,.` /s rn� ,�.collier tax. com
"Service is our only product"
Under Florida Law, e -mail addresses are public records If you do not want your emall-addross released in response to a public. records request, do not send
electronic mailto this entity, instead, contact this office by phone or In writing.
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 riot send
electronic rail to this entity. Instead.. contact this office by telephone or In writing
1
Martha S. Vergara
Full Name:
Rob Stoneburner
Last Name:
Stoneburner
First Name:
Rob
Job Title:
Deputy Tax Collector
Company:
Collier County Tax Collector
Business Address: 3291 East Tamiami Trail
Naples, FL 34112 -5758
Business: (239) 252 -8051
E -mail: rstoneburner @colliertax.com
E -mail Display As: Rob Stoneburner (rstoneburner @colliertax.com)
Web page: http: / /www.colliertax.com
Martha S. Vergara S,5r72- T
From: CurryChris
Sent: Tuesday, September 13, 20114:12 PM
To: VergoThomas
Subject: RE: Shepard Lease Status
Torn, if you see him inform him of such.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: VergoThomas
Sent: Tuesday, September 13, 20114:05 PM
To: CurryChris
Subject: Shepard Lease Status
Is it possible to see the lease that is being used for Shepard. I have questions on the disposal of trash from his site and
want to make sure I understand his access routes so we can ensure they are being complied with.
I am under the assumption that Mr. Mayhood's lease is virtually identical?
Also, you mentioned that we are going to be inspecting Shepard's site and buildings once his agreement was signed. Do
you have a date in mind yet?
Thanks,
Thomas
From: CurryChris
Sent: Tuesday, September 13, 20113:22 PM
To: VergoThomas
Subject: Request for legal services
Tom, today I have sent a request for legal services for both the cattle lease for Mr. Hester and lease agreement for Mr.
Mayhood.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
Under Florida I. aw, e.-rn a i I addresses are public: records. If you do not want YOW e -mail address released in response to a put)Iic. records request do not se rid
electronic mail to this entity. Instead_ contact this office by telephone, or w writing
Martha S. Vergara
From: CurryChris
Sent: Friday, April 15, 201112:15 PM
To: WilliamsSteven
Subject: Fwd: Gregory Shepard - delinquent Property Tax
Attachments: Rob Stoneburner.vcf
Sent from my Verizon Wireless Phone
� V7`Z 7
- - - -- Forwarded message - - - --
From: "VergoThomas" <ThomasVergo(a�collier og v.net>
Date: Fri, Apr 15, 2011 11:27 am
Subject: Gregory Shepard- delinquent Property Tax
To: "CurryChris" <ChrisCurry@colliergov.net>
Cc: "BrueggemanDebra" < DebraBrueggeman gco Ili ergov.net >, "MuellerDebi" <DebiMueIlergcollier og v.net>
Chris — I received a similar call today from the Tax Collector's office that I had received a few weeks ago regarding Corky
Mayhood's buildings.
They let me know that they saw the BCC meeting on Tuesday and realized that Mr. Shepard is behind in paying some
taxes on his buildings. Mr. Stoneburner wanted to make us aware of this since the lease negotiations for Shepard are
currently in the works.
Thomas
From: Rob Stoneburner [ mailto :rstoneburner @colliertax.coml
Sent: Friday, April 15, 2011 11:21 AM
To: VergoThomas
Subject: Gregory Shepard - delinquent Property Tax
Thomas,
An Immokalee Airport tenant, Gregory Shepard has delinquent taxes owed on his building at the Immokalee Airport. I
understand that Mr. Shepard has a lease that is up for renewal. I am unaware if there is any verbiage in the lease that
requires Mr. Shepard to maintain a non - delinquent status with regard to taxes. If there is a requirement, I wanted to
make you aware. If there is not, perhaps it could be an item of discussion in your negotiations.
Thanks,
Rob
Rob Stoneburner
Deputy Tax Collector
Collier County Tax Collector
3 29 1 East Tarniami Traci
Naples, Fl 34112 -5753
rstoneburner tLcolliertax. com
11239) 252 - 3051' of
http;7xw v ,colfiertax,com
"Service is our only product"
1
Under I londa I aw, e-mail addresses are public records. If you do not want your ernail-address released in response to a public records request: do not send
electronic mailto this entity. Instead, contact this office by phone or in writing.
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
Martha S. Vergara
Full Name:
Rob Stoneburner
Last Name:
Stoneburner
First Name:
Rob
Job Title:
Deputy Tax Collector
Company:
Collier County Tax Collector
Business Address: 3291 East Tamiami Trail
Naples, FL 34112 -5758
Business: (239) 252 -8051
E -mail: rstoneburner @colliertax.com
E -mail Display As: Rob Stoneburner (rstoneburner @colliertax.com)
Web Page: http: / /www.colliertax.com
Martha S. Vergara��" `
From: VergoThomas
Sent: Tuesday, September 13, 20113:23 PM
To: CurryChris
Subject: RE: Request for legal services
Ok, sounds great
Thomas
From: CurryChris
Sent: Tuesday, September 13, 20113:22 PM
To: VergoThomas
Subject: Request for legal services
Tom, today I have sent a request for legal services for both the cattle lease for Mr. Hester and lease agreement for Mr.
Mayhood.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
Under f loricia Law. e -mail addresses area public; records If you do not want your e -nmil address released in response to a public records request, dry not send
electronic mail to this entity. Instead contact this office by telephone or in writing_
Martha S. Vergara 35V-7 2 S1
From: BrueggemanDebra
Sent: Thursday, April 21, 20113:48 PM
To: CurryChris
Cc: TeachScott
Subject: Mtg with Corky (DC Air) Monday - Mon 4/25 10:00 AM @ IMM
Chris,
[just spoke with Suzie from DC Air, Meeting with Corky Mayhood is scheduled for Monday, April 25 at 10:00 AM at the
Immokalee Airport.
A66k 'BWzq"q"TUtn
Vpeuvion,3 6otditc ocl-Execanue (b),5btant
eofti" 6tult1j, (1i'Y'PO'd (&MOW4/'
239-642-7878 txt. 34
Under Florida Law e-mail addresses are public records. It You do riot want Your e-mail address released in response to a public records request, do riot send
electronic rnait to this entity. Instead, contact this office by telephone or in writing.
Martha S. Ver ara -ff3,54G7282
From: VergoThomas
Sent: Tuesday, September 13, 20114:05 PM
To: Curry.Chris
Subject: Shepard Lease Status
Is it possible to see the lease that is being used for Shepard. I have questions on the disposal of trash from his site and
want to make sure I understand his access routes so we can ensure they are being complied with.
I am under the assumption that Mr. Mayhood's lease is virtually identical?
Also, you mentioned that we are going to be inspecting Shepard's site and buildings once his agreement was signed. Do
you have a date in mind yet?
Thanks,
Thomas
From: CurryChris
Sent: Tuesday, September 13, 2011 3:22 PM
To: VergoThomas
Subject: Request for legal services
Tom, today I have sent a request for legal services for both the cattle lease for Mr. Hester and lease agreement for Mr.
Mayhood.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
Under Flonda Law, e mad addresses are public records. If you do not want your e; -mail address released in response to a public, records roquost, do not send
vaectronic mail to this entity Instead, Contact this office by tC'kephone (N in writing.
Martha S. Vergara
From: CurryChris
Sent: Thursday, April 21, 20113:52 PM
To: Brueggemanpebra
Subject: Re: Mtg with Corky (DC Air) Monday - Mon 4/25 10:00 AM @ IMM
Qk. Thanks
Sent from my Verizon Wireless Phone
- - - -- Reply message - - - --
From: "BrueggemanDebra" < DebraBrueggema@,colliergou.net>
Date: Thu, Apr 21, 2011 3:48 pm
Subject: Mtg with Corky (DC Air) Monday - Mon 4/25 10:00 AM @ IMM
To: "CurryChris" <ChrisCurryy�a colliergov.net>
Cc: "TeachScott" <ScottTeachncolliergov.net>
Chris,
I just spoke with Suzie from DC Air. Meeting with Corky Mayhood is scheduled for Monday, April 25 at 10:00 AM at the Immokalee
Airport.
Debbie ;1.3ucu�yuturn
Cpewtiom� eveidinatetILrecrctioe a3ji6Uint
(''k'fen e nutty, Ctvcpv'd (haKo @l.
239 -642- 7875' Exit. 34
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. CIO not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Ve
From: VergoThomas
Sent: Tuesday, September 13, 20114:34 PM
To: CurryChris
Subject: RE: Shepard Lease Status
If I see him I will. He has not been out here since last Thursday.
Thomas
From: CurryChris
Sent: Tuesday, September 13, 20114:12 PM
To: VergoThomas
Subject: RE: Shepard Lease Status
Tom, if you see him inform him of such.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: VergoThomas
Sent: Tuesday, September 13, 20114:05 PM
To: CurryChris
Subject: Shepard Lease Status
jo���(70 W
Is it possible to see the lease that is being used for Shepard. I have questions on the disposal of trash from his site and
want to make sure I understand his access routes so we can ensure they are being complied with.
I am under the assumption that Mr. Mayhood's lease is virtually identical?
Also, you mentioned that we are going to be inspecting Shepard's site and buildings once his agreement was signed. Do
you have a date in mind yet?
Thanks,
Thomas
From: CurryChris
Sent: Tuesday, September 13, 20113:22 PM
To: VergoThomas
Subject: Request for legal services
Tom, today I have sent a request for legal services for both the cattle lease for Mr. Hester and lease agreement for Mr.
Mayhood.
Chris Curry
Executive Virector
Collier County Airport Authority
(W)239-542-7878 x35
(C) 239-269-3353
Under I loritia I aw, e -mail addresses are pubic iecords If ywi do not want your e -rn ail addmss released in response to a public records request do not send
electionic irlrafl to this entity. Instead, contact this office t,)y telephone w in writing
Martha S. Vergara
From:
To:
Mr. Leroy Mayhood
34D2O Production Circle
Bonita Springs, FL34135
Curn/[hhs
Monday, April 25,2Ol12/4IPM
Chris Roberts
Information
Under Florida Law, e mail addresses are public records. It you do not want your e mail address released in response to a public records request, do not send
electronic rnail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Vergarac7��
From: BrueggemanDebra
Sent: Tuesday, September 20, 20112:25 PM
To: CurryChris
Subject: Oct 3 Advisory Board Agenda
Attachments: 10 -3 -11 agenda.docx
Chris,
Attached is the DRAFT Agenda, thus far, for the Oct. 3 Advisory Board meeting. Do you have any items you would like
to add, change or delete?
I am going to need a copy of the following by next Monday or Tuesday to send to the Board members prior to the
meeting if we are going to ask them to vote on the items:
• DC Air (Corkey Mayhood) lease
• Cattle lease /agreement for Ralph Hester
• Agreement for the circus at IMM
• RFP for sod harvesting at IMM
.`!)elide J3rccc���nicuc
Vpewtiotw C'.aa,"U ucto tI.Executuve Clsaiatunt.
Coffietc, C'ou.nt* ai4pwd authiwciy,
239 -642 -7878 &tt. 34
Undr =r Florida I aw, (1- rilail addresses area 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.
,0=0 COLLIER COUNTY AIRPORT AUTHORITY
ADVISORY BOARD MEETING
OCTOBER 3, 2011
1:00 P.M.
MARCO ISLAND EXECUTIVE AIRPORT, 2005 MAINSAIL DRIVE, FLORIDA
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER —1:00 PM — REGULAR SESSION
3. INTRODUCTIONS OF GUESTS
4. ADOPTION OF AGENDA
5. APPROVAL OF MINUTES —August 1, 2011 ................. ................ 1
6. ACKNOWLEDGEMENT OF AIRPORT INFORMATION — No Advisory Board action required
• DBE Goals for Fiscal Year 2012. ............................................ 4
7. DIRECTOR'S REPORT — Advisory Board action requested
• Recommendation of one member to the Advisory Board from Marco Island....... 5
• Recommendation that the BCC approve and sign the attached Sub -Lease Agreement
with Mr. Leroy "Corky' Mayhood of D.C. Air . ............................... 10
• Recommendation that the BCC approve and sign the attached Agreement with Ralph
Hester for cattle grazing at the Immokalee Regional Airport ................... 11
• RFP for Sod Harvesting at IMM ...........................................
• Recommendation that the BCC approve and sign the attached Agreement for a
Circus at the Immokalee Regional Airport .................................
8. FINANCE REPORTS — Months Ended July 31, 2011 and August 30, 2011 ..............
9. ELECTION OF OFFICERS
10. PUBLIC COMMENTS
11. NEXT MEETING — Monday, November 7 at the Immokalee Regional Airport
12. ADJOURNMENT
Martha S. Vergara 9W72,57
From:
MuellerDebi
Sent:
Tuesday, April 26,20111:26 PIVI
To:
CurryChris
Subject:
D C Air
Chris,
I got a call this morning from Sue Mayhood, and she told me that until an agreement can be reached you agreed to a
rate of .10 per sq.ft. beginning 5/1/11.
Is this correct?
Under Florida Law, e mail addresses are public record-,. 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.
Martha S. Vergara 4-35P2Sk
From: [urryxChhs
Sent: Tuesday, September 20,2UIl3:I9PK4
To: 8rueggemanDebra
Subject: Corky Mayhood and Pete Salazar
Debbie, please schedule an appointment with Corky Mayhood and Pete Salazar at Immokalee Airport on September 28 Ih
anytime after 11:OOam.Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Utidet Florida Law. e-mail addresses are public records It you do riot want your e mail address released iii response to a public feCORJS rE�qUest, do not send
electtonic mail to this entity Instead. contact this office by telephone or in miling
Martha S. Vergara --�i7Zo /
From:
CurryChris
Sent:
Tuesday, April 26, 20111:33 PM
To:
MuellerDebi
Subject:
Re: D C Air
Debi, its correct until we get a FAA determination to see if it should be $0.14 per square foot.
Sent from my Verizon Wireless Phone
- - - -- Reply message - - - --
From: "MuellerDebi" <DebiMuellerkcollier og v.net>
Date: Tue, Apr 26, 2011 1:26 pm
Subject: D C Air
To: "CurryChris" <ChrisCurryga,collier off, v.net>
Chris,
I got a call this morning from Sue Mayhood, and she told me that until an agreement can be reached you agreed to a
rate of .10 per sq.ft. beginning 5/1/11.
Is this correct?
pebi MueUer
Under Florida Law, e mail addresses are public records If you do not want your e mail address ielease`;d in response to a public records request, do not send
electronic rnail to this entity. Instead, contact this office; by telephone or in writing.
Martha S.
Fromm BnueggemanDebra
Sent: Tuesday, September 20'2011335PK4
To: [urryChhs
Subject: RE: Corky Mayhood and Pete Salazar
Your are set for 11:30 with Pete Salazar. It is on your calendar. I am still trying to get in touch with Corky.
Owae
239-642-7878 &t. 34
From:CurnChhs
Sent: Tuesday, September 20, 20113:19 PIVI
Tm:BrueggannanDebna
Subject: Corky Mayhood and Pete Salazar
Debbie, please schedule an appointment with Corky M and Pete Salazar at|mmnko|ee Airport on September 2u*
anytime after 11:O0am.Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under f landa I iw e-mail addiesses arc-, public wcords if you do riot want your e-mad addiess released in response to a pubhc, fecords request, do riot send
e fl
ctronic mail lo ths entity Instead. contact this oftice by telephone or in wfiting.
Martha S. Vergara 2, 4/1
From: Suezg05 @aol.com
Sent: Tuesday, April 26, 20113:34 PM
To: WilliamsSteven
Subject: Immokalee Aiport land lease
Steven,
Please email the land lease so that we can have our attorney look at it. Thank you!
Susie
S. Mayhood
24020 Production Circle
Bonita Springs, Ft_ 34135
239.872.8224 Cell
239.992.1375 Fax
smayhood2alumni.ufl.edu
Martha S. Vergara�7Zy�
From: CurryChris
Sent: Tuesday, September 20, 2011 3:59 PM
To: WilliamsSteven
Subject: Advisory Board Items
Steven, how are you today? I am going to need a copy of the following by next Monday or Tuesday to send to the Board
members prior to the meeting if we are going to ask them to vote on the items. My next meeting with them is October
3, 2011.
DC Air (Corkey Mayhood) lease
Cattle lease /agreement for Ralph Hester
Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239 -642 -7878 x35
(C) 239 - 269 -3353
Under Florida Law, e-mail addresses are public records. If you do not want your (1 -mail address released in response to a public records request_ do not sand
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Verqara
From:
WilliamsSteven
Sent:
Tuesday, April 26, 20113:41 PM
To:
Suezq05@aol.com
Subject:
RE: Immokalee Aiport land lease
Attachments:
STW Standard Ground Lease.docx
Ms. Mayhood,
Our standard ground lease form is attached.
ryieWT--
Steven]". Williams
Collier County Attorney's Office
(239) 252-8400
stevenwilliamsgcolliergov.ne
From: Suezq05(gbaol.ccim rmailto:Suezq05(d)aol.com1
Sent: Tuesday, April 26, 20113:34 PM
To: WilliamsSteven
Subject: Immokalee Aiport land lease
Steven,
Please email the land lease so that we can have our attorney look at it. Thank you!
Susie
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239,872.8224 Cell
239.992.1375 Fax
smayhoodQalumni.ufl.edu
Under Florida Law, e -mail addresses are public records. If you do not want your e -mail address released in rosponse to a public record,,; roquest, do not send
electronic mail to this entity. Instead, contact this office by telephone of in writing.
1
COLLIER COUNTY STANDARD FORM
LONG -TERM GROUND LEASE AND SUB -LEASE AGREEMENT
This Long -Term Ground Lease and Sub -Lease Agreement (hereinafter referred to as
"Ground Lease ") is entered into this day of , 20 , by
and between , a corporation duly
organized under the laws of whose mailing address is
, hereinafter referred to as "Lessee ", and the Board of
County Commissioners of Collier County, Florida, acting in its capacity as the Collier County
Airport Authority, whose mailing address is 2005 Mainsail Drive, Suite 1, Naples, Florida
34114, hereinafter referred to as "Lessor," collectively stated as the "Parties."
RECITALS:
WHEREAS, Lessor is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it Sub - Leases from Collier County pursuant to a Sub -Lease
agreement dated May 24, 1994, as amended, which Sub -Lease term expires May 23, 2025
( "Master Sub - Lease "); and
WHEREAS, Lessee desires to lease property, as described in the attached Exhibit "A,"
to construct a jet engine testing facility at the Airport; and
WHEREAS, the Board of County, Commissioners of Collier County, Florida, acting in
its capacity as the Collier County Airport Authority, Ends that it is in the public interest to Sub -
Lease this property to Lessee on the terms and conditions set' forth below.
WIT;NESSETH:
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 Ground Lease on the following terms and
conditions:'
1. Conveyance. On the terms and conditions set forth in this Ground Lease, and in
consideration of Lessee's performance under this Ground Lease, the Lessor conveys to the
Lessee the present possessory interest in the Leased Land described below.
2. Description of Leased Land. The Leased Land which is the subject of this
Ground Lease is located at , Collier County, Florida, with a legal
description set forth in Exhibit "A," hereinafter referred to as "Leased Land."
3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
examined the title and boundaries of the Leased Land. Accordingly, this conveyance is subject
to all of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now
recorded against the Leased Land;
Page 1 of 14
b. Any and all existing or future zoning 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 Ground
Lease.
4. Use of Leased Land. The purpose of this Ground Lease is for Lessee to operate a
, which use the Board of County Commissioners has found to be in the
public's interest. Accordingly, Lessee shall utilize the Leased Land in strict accordance with
Exhibit "B." To effectuate this use, Lessee is required to construct a building as set forth below.
Lessor shall have the right to terminate this Ground Lease should Lessee utilize the Leased Land
or the Building (referred to collectively hereinafter as the "Premises ") in any manner inconsistent
with the approved use. In the event Lessee shall cease to use the Premises for the purposes
described in Exhibit "B," and such cessation of use shall continue for a period of sixty (60) days,
this Ground Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee,
shall be terminated and Lessee shall surrender and vacate the Premises to the Lessor within thirty
(30) days after notice of such termination. Provided, 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 Land.
5. Lessee's Obligation to guild and Modifications'to Building.' Lessee shall design,
permit and construct in compliance with all governmental regulations, at its sole cost and
expense, a building to be solely utilized for the uses described in Exhibit "B." The plans,
specifications and building design for the Lessee's improvements to be constructed on the
Leased Land are subject to reasonable approval by Lessor. Prior to applying for any building
permit for improvements to the Leased Land, Lessee shall submit to Lessor for its approval such
plans and specifications necessary to obtain a building permit for Lessee's intended
improvements. Lessor shall have thirty (30) days after receipt of any submittal by Lessee to
review Lessee's submittals and provide a written response as to whether the submittal is
approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested
changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit
revised plans that will meet with Lessor's approval or incorporate the requested changes into the
plans. If Lessee determines not to revise its plans then Lessee may terminate this Ground Lease.
Lessee may make' nonmaterial changes to the approved plans from time to time to accommodate
site issues or operating changes to Lessee's use of the Leased Land. Material changes from the
approved plans will require, Lessor's written approval, which approval shall not be unreasonably
withheld. All plans shall be in conformity with Collier County standards. Construction must
commence no later than one year from the date of this Ground Lease. In the event Lessee does
not commence construction within such period, then the Lessor shall have the right to terminate
this Lease and neither party shall have any further obligations to the other party. Upon
commencement of construction, Lessee shall diligently pursue said construction to completion
and complete said construction on or before twenty -four (24) months from commencement,
subject to delays beyond the control of the Lessee. Lessee shall be solely responsible for the
costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure
located within or outside the Leased Land resulting from construction or use by Lessee, its
agents, officers or employees. Lessee must demonstrate to Lessor that it has sufficient funds
Page 2 of 14
necessary to complete any proposed project, and Lessor may require, as part of its approval, the
posting of a construction bond or like security to assure completion of the proposed project.
6. Term of Ground Lease. The term of this Ground Lease shall commence on the
date first above written, and unless terminated earlier by the Parties, shall terminate on the 10th
year anniversary date of this Ground Lease. There is no option to renew. If Lessee holds over
after the expiration of the lease term, such tenancy shall be from month to month under all of the
terms, covenants and conditions of this Ground Lease subject, however, to Lessor's right to seek
legal relief to eject Lessee from the Premises as a holdover.
7. Rent. The Lessee agrees to pay the Lessor the sum of $ per annum, in
advance, for each year of the term.
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
Lessor harmless from any and all claims, costs and obligations arising from Lessee's use of the
Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use
of the Premises, Lessee shall pays x;11 costs, attorneys' fees, expenses and liabilities resulting
therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's
expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed however, that
Lessor may at its own cost and expense participate in the legal defense of such claim, with legal
counsel of its 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 Lessor in
the Premises shall not be subject to liens for improvements made by the Lessee and liens for
improvements made by the Lessee are specifically prohibited from attaching to or becoming a
lien on the interest of the Lessor in the Leased Land or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
10. Lessees 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 Lessor, shall keep and maintain the Leased Land, including any buildings and
improvements thereon, 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 Lessor, 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, Lessor may cause the same
to be corrected and Lessee shall promptly reimburse Lessor for the expenses incurred by Lessor,
together with a 5% administrative fee.
Page 3 of 14
11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee
has not defaulted on any of the terms of this Ground Lease. Accordingly, Lessee shall have the
exclusive right to use the Premises during the term of this Lease. During the term hereof, Lessee
may, in its sole discretion, improve, alter, maintain, or renovate the Building constructed by
Lessee on the Leased Land. Any such work may be undertaken by Lessee at any time or times
during the term hereof and no consent or approval of Lessor shall be required unless such work
consists of major alterations from plans and specifications originally approved by Lessor as more
fully provided for herein. Lessor agrees to co- operate with Lessee in connection with such
construction and agrees to execute any documents required by governmental authorities
evidencing Lessee's rights hereunder and consenting to such work. During the term of this
Ground Lease, Lessee may erect appropriate signage on the Leased Land and the improvements
constructed by Lessee thereon. Any such signage shall be in compliance with all applicable
codes and ordinances.
12. Casuals and Condemnation.
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire
or other casualty, and 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 Lessor 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
Lessor, in which event, Proceeds shall be shall' be promptly remitted to Lessor. If the
Lessor elects not to repair or replace the improvements, then Lessee or Lessor may
terminate this Ground 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 Ground Lease is not terminated as set forth herein, or if the Leased Land is
damaged to a less than material extent, as reasonably determined by Lessee and Lessor,
Lessee will proceed with reasonable diligence, at no cost or expense to Lessor, to rebuild
and repair the Leased Land to substantially the condition as existed prior to the casualty.
b. Condemnation. Lessor may terminate this Lease as part of a condemnation
project. Lessor will use its best efforts to mitigate any damage caused to Lessee as a
result of such termination; however, in no event will Lessor be liable to Lessee for any
compensation as a result of such termination.
13. Access to Premises. Lessor, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to Lessee, to enter
into and upon the Premises during normal business hours, or such other times with the consent of
Lessee, to inspect the Premises, verify compliance with the terms of this Ground Lease, or make
any required repairs not being timely completed by Lessee.
Page 4 of 14
14. Termination and Surrender. Unless otherwise mutually agreed by the Parties,
within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of
the Premises to Lessor in good condition and repair. Lessee shall have the right at any time
during Lessee's occupancy of the Premises to remove any of its personal property, equipment,
and signs provided, however, at the termination of this Ground Lease, Lessor shall have the
option of either requiring Lessee to demolish and remove all improvements made by Lessee to
the Leased Land upon Lessee's vacation thereof, or to require Lessee to retain said
improvements with fixtures on the Leased Land which improvements and fixtures will become
the property of the Lessor upon Lessee's vacation of the Premises.
15. Assignment. This Ground Lease is personal to Lessee. Accordingly, Lessee may
not assign this Ground Lease or sublet any portion of the building constructed on the Leased
Land by Lessee without the express prior written consent of the Lessor, which consent may be
withheld in Lessor's sole discretion. Any purported assignment or sublet without the express
written consent of Lessor shall be considered void from its inception, and shall be grounds for
the immediate termination of this Lease. Lessor may freely assign this Lease upon written notice
to Lessee.
16. Insurance.
a. Lessee shall provide and maintain a Commercial General Liability insurance
policy, approved in writing by Lessor and the Collier. County Risk Management
Department, for not less than Three Million and 00 /100 Dollars ($3,000,000.00)
combined single limits'' during the 'term of this Ground Lease. If such amounts are less
than good insurance industry practice would require, Lessor reserves the right to increase
these insurance', limits by providing Lessee with at least sixty (60) days' advance notice to
do so.
b. In addition, Lessee shall provide and maintain Worker's Compensation
Insurance covering all employees meeting the then existing Statutory Limits in
compliance with the applicable state and federal laws. The coverage shall include
Employer's Liability with a minimum limit of One Hundred Thousand and 00 /100
Dollars ($100,000.00) per each accident. If such amounts are less than good insurance
industry practice would require, Lessor reserves the right to increase these insurance
limits by providing Lessee with at least sixty (60) days' advance notice to do so.
c. Lessee shall also maintain standard fire and extended coverage insurance on
the additions and improvements located on the Leased Land and all of Lessee's property
located on or in the Leased Land including, without limitation, furniture, equipment,
fittings, installations, fixtures (including removable trade fixtures), personal property and
supplies, in an amount not less than the then - existing full replacement value.
d. Business Automobile Liability Insurance, and Business Boat Liability
Insurance, for automobiles and boats used by Lessee in the course of its performance
under this Ground Lease, including Employer's Non - Ownership and Hired Auto
Coverage, each said policy in amounts of One Million and 00 /100 Dollars
Page 5 of 14
($1,000,000.00) combined single limit per occurrence. If such amounts are less than
good insurance practice would require, Lessor reserves the right to increase these
insurance limits by providing Lessee with at least sixty (60) days' advance notice to do
so.
e. Pollution Liability insurance covering the accidental discharge and clean up of
pollutants shall be maintained by the Lessee in an amount of not less than Five Million
and 00 /100 dollars ($5,000,000) per occurrence. Such coverage shall cover third party
liability and clean up coverage.
f. Lessor shall be named as an additional insured on the Commercial General
Liability insurance policy. Lessor shall also be added as an additional insured on the
Property Insurance policy as their interest may appear. The above- described insurance
policies shall list and continuously maintain Lessor as an 'additional insured thereon.
Evidence of such insurance shall be provided to Lessor and the Collier County Risk
Management Department, 3311 East Tamiami Trail, Naples, 'Florida, 34112, for approval
prior to the commencement of this Ground Lease; and shall include a provision requiring
not less than ten (10) days prior written notice to Lessor in the event of cancellation or
changes in policy(ies) coverage. If such amounts are less than good insurance practice
would require, Lessor reserves the right to reasonably amend their insurance
requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice
Lessee shall have thirty (30) days in which to obtain such additional insurance. The
issuer of any policy must have a Certificate of Authority to transact insurance business in
the State of Florida and must be rated "A" or better in the most current edition of Best's
Insurance Reports. Each insurer must be responsible and reputable and must have
financial capacity consistent with the risks covered. Each policy must contain an
endorsement to the effect that the issuer waives any claim or right of subrogation to
recover against Lessor, its employees, representatives and agents.
g. Failure to continuously abide with all of these insurance provisions shall be
deemed to be a material breach of this Ground Lease and Lessor shall have the remedies
set forth below.
17. Defaults and Remedies.
a. Defaults by Lessee. The occurrence of any of the following events and the
expiration of the applicable cure period set forth below without such event being cured or
remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law:
i. Abandonment of Leased Land or discontinuation of Lessee's operation.
ii. Lessee's material misrepresentation of any matter related to this Ground
Lease.
iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy.
iv. Adjudication as bankrupt.
V. Making of a general assignment of the benefit of creditors.
Page 6 of 14
vi. If Lessee suffers this Ground Lease to be taken under any writ of
execution and /or other process of law or equity.
vii. Lessee's loss of its federal IRS tax exempt status.
viii. Lessee's failure to utilize the Leased Land as set forth in Exhibit B.
ix. Any lien is filed against the Leased Land or Lessee's interest therein or
any part thereof in violation of this Ground Lease, or 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.
X. Failure of Lessee to perform or comply with any material covenant or
condition made under this Ground Lease, which failure is not cured within
ninety (90) days from receipt of Lessor's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Lessor may, at its option,
terminate this Ground 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 Lessor as
being reasonably, required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Lessee, and this Ground Lease may be immediately
terminated by Lessor except to the extent then prohibited by law.
b. Remedies of Lessor.
i. In the event of the occurrence of any of the foregoing defaults, Lessor, 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 Lessor has removed and stored
property, Lessor shall not be required to store for more than thirty (30)
days. After such time, such property shall be deemed abandoned and
Lessor shall dispose of such property in any manner it so chooses and
shall not be liable to Lessee for such disposal.
ii. If Lessee fails to promptly pay, when due, any full installment of rent or
any other sum payable to Lessor under this Ground Lease, and if said sum
remains unpaid for more than five (5) days past the due date, the Lessee
shall pay Lessor 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
Page 7 of 14
law, whichever is higher ( "Default Rate "), which interest shall be
promptly paid by Lessee to Lessor.
iii. Lessor may sue for direct, actual damages arising out of such default of
Lessee or apply for injunctive relief as may appear necessary or desirable
to enforce the performance and observance of any obligation, agreement
or covenant of Lessee under this Ground Lease, or otherwise. Lessor shall
be entitled to reasonable attorneys fees and costs incurred arising out of
Lessee's default under this Ground Lease.
c. Default by Lessor. Lessor shall in no event be charged with default in the
performance of any of its obligations hereunder unless and until Lessor shall have failed
to perform such obligations within thirty (30) days (or such additional time as is
reasonably required to correct such default) after written notice to Lessor by Lessee
properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion,
Lessor 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 Lessor's breach oft his Ground Lease, and also waives
any claim it might have to attorneys' fees and costs his
out of Lessor's breach of this
Ground Lease. Lessee's remedies for Lessor's default under this Ground Lease shall be
limited to the following:
i. For injunctive 'relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Lessor under this Ground Lease.
ii. Lessee may cure any default of Lessor and pay all sums or do all
reasonably necessary work and incur all reasonable costs on behalf of and
at the expense of Lessor. Lessor will pay Lessee on demand all reasonable
costs incurred and any amounts so paid by Lessee on behalf of Lessor,
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 Ground 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 Ground Lease by Lessee
and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this
Ground Lease will be deemed for any purpose to be a waiver of any breach of any other
Page 8 of 14
provision hereof or of any continuing or subsequent breach of the same provision,
irrespective of the length of time that the respective breach may have continued.
18. Lease Manual. The Lessee shall be provided with the Lessor's Lease Manual (if
any), which the Lessor may be amend from time to time. The terms of this manual shall be
deemed to be incorporated by reference into this Ground Lease, and Lessee shall be bound by the
terms of this Lease Manual, as of the I't day of the second month the Lessee receives a copy of
the Lease Manual or an amended Lease Manual. With respect to any terms in this Ground Lease
which are in conflict with the Lease Manual, the Lease Manual shall control.
19. Rules and Regulations. The Lessee shall comply with the Lessor's 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 Lessor including such reasonable and uniform landing
fees, rates or charges, as may from time to time be levied for airfield operational privileges and /or
services provided at the Airport. Lessee shall also comply with any and all applicable governmental
statutes, rules, orders and regulations.
20. Airport Development. The Lessor 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.
21. Airport Operations. The Lessee shall prevent any use of the Leased Land 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 obstructions on the Leased Land to such height as comply with Federal Aviation Regulations,
Part 77.
Miscellaneous Legal Matters
22. This Ground Lease shall be construed by and controlled under the laws of the
State of Florida. In the, event of a dispute under this Ground 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 'Ground Lease, which Court the Parties agree to have the sole and exclusive
jurisdiction.
23. This Ground Lease contains the entire agreement of the Parties with respect to the
matters covered by this Ground 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 Ground
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 Ground Lease by the Parties.
24. In the event state or federal laws are enacted after the execution of this Ground
Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the
terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked
Page 9 of 14
as is necessary to comply with such laws, in a manner which best reflects the intent of this
Ground Lease.
25. Except as otherwise provided herein, this Ground 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. Time shall run only on
business days which, for purposes of this Ground Lease shall be any day other than a Saturday,
Sunday or legal public holiday. Notices shall be addressed as follows:
If to Lessor: County Manager
Collier County Manager's Office
3299 East Tamiami Trail
Naples, Florida 34112
CC: Real Property Management
3 3 3 5 East Tamiami Trail
Naples, Florida 34112
If to Lessee:
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
26. Lessee is an independent contractor, and is not any agent or representative or
employee of Lessor. During the term of this Ground Lease, neither Lessee, nor anyone acting on
behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor.
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 Ground Lease or to have any rights to enforce this
Ground Lease against either party hereto or otherwise. Nothing contained in this Ground Lease
will constitute the Parties as partners or joint ventures for any purpose, it being the express
intention of the Parties that no such partnership or joint venture exists or will exist. Lessee
acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or
retirement benefits normally associated with an employee - employer relationship and that Lessor
excludes Lessee and its employees from participation in all health and welfare benefit plans
including vacation, sick leave, severance, life, accident, health and disability insurance, deferred
compensation, retirement and grievance rights or privileges.
Page 10 of 14
27. Neither party to this Ground Lease will be liable for any delay in the performance
of any obligation under this Ground Lease or of any inability to perform an obligation under this
Ground 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.
28. Lessee will not transport, use, store, maintain, generate, manufacture, handle,
dispose, release or discharge any Hazardous Materials upon or about the Leased Land, nor
permit employees, representatives, agents, contractors, sub - contractors, sub - sub- contractors,
material men and/or suppliers to engage in such activities upon or about the Leased Land.
29. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made
aware of the following: Radon is a naturally occurring radioactive gas that, when it has
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.
30. Lessee shall execute this Ground Lease prior to it being submitted for approval by
the Board of County Commissioners. This Ground 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 Ground Lease, at Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Ground
Lease the day and year first above written.
AS TO THE LESSEE;
By:
Witness (signature)
(print name)
Witness (signature)
(print name)
(Print Name and Title)
Page 11 of 14
AS TO THE LESSOR:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
BY:
FRED W. COYLE, Chairman
Page 12 of 14
EXHIBIT A
[Insert Legal Description]
Page 13 of 14
EXHIBIT B
[Insert Graphic Depiction of Proposed Site Improvements]
Page 14 of 14
Martha S. Ver ara 35472-
From: WilliamsSteven
Sent: Wednesday, September 21, 20111:16 PM
To: CurryChris
Subject: RE: Advisory Board Items
Chris,
Am working on both of them today. I hope to get them to you tomorrow.
c„ ta-v>e
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams a,collier og v.net
From: CurryChris
Sent: Tuesday, September 20, 20113:59 PM
To: WilliamsSteven
Subject: Advisory Board Items
Steven, how are you today? I am going to need a copy of the following by next Monday or Tuesday to send to the Board
members prior to the meeting if we are going to ask them to vote on the items. My next meeting with them is October
3, 2011.
• DC Air (Corkey Mayhood) lease
• Cattle lease /agreement for Ralph Hester
Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
Under Florida Law, e mail addresses are public records. If your do not want your e -mail address released in response to a public records request, do riot send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Ve
From: CurryChris
Sent: Friday, April 29, 20117:30 AM
To: WilliamsSteven
Subject: Lease Negotiations
72 95
Good morning Steve, I have a question for you related to the lease negotiations for both Gregory Shepard and Leroy
Mayhood. Since both leases have expired, they are both considered "holding over" and could be charged double rents if
desired by the Airport. Obviously that is not the approach that we have decided to exercise. As discussed with Mr.
Mayhood, when asked what his new lease rate would be for May the Airport informed him that is would be $0.10 per
square foot minimum until a determination is made by the FAA. If the FAA determination is that his business is a non -
aeronautical use he would then pay $0.14 per square foot. As per Gregory Shepard, it is my opinion that the same
process would be used in the interim until an FAA determination has been made. What are your thoughts /suggestions?
Under Florida Law. e -mail addresses are pub records. It you do riot want your e -mail address released in resp017se to a public records request, do not send
electronic mail to this entity. Instead contact this once by telephone or in writing.
Martha S. Ver ara�`5�72��
From: CurryChris
Sent: Wednesday, September 21, 20111:19 PM
To: WilliamsSteven
Subject: Re: Advisory Board Items
Thanks
Sent from my Verizon Wireless Phone
- - - -- Reply message - - - --
From: "WilliamsSteven" <StevenWilliamskcollier og v.net>
Date: Wed, Sep 21, 2011 1:15 pm
Subject: Advisory Board Items
To: "CurryChris" <ChrisCugykcollier og v.net>
Chris,
Am working on both of them today. I hope to get them to you tomorrow.
crtcvrm-
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams a collierg-ov.net
From: CurryChris
Sent: Tuesday, September 20, 20113:59 PM
To: WilliamsSteven
Subject: Advisory Board Items
Steven, how are you today? I am going to need a copy of the following by next Monday or Tuesday to send to the Board members
prior to the meeting if we are going to ask them to vote on the items. My next meeting with them is October 3, 2011.
• DC Air (Corkey Mayhood) lease
• Cattle lease /agreement for Ralph Hester
Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
Under Florida Law- e-mail addresses are public records It 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
Martha S. Vergara 95�7Z97
From: WilliamsSteven
Sent: Friday, April 29, 20117:48 AM
To: CurryChris
Subject: RE: Lease Negotiations
I agree completely.
c3'te-VOL
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams collier oov.net
From: CurryChris
Sent: Friday, April 29, 20117:30 AM
To: WilliamsSteven
Subject: Lease Negotiations
Good morning Steve, I have a question for you related to the lease negotiations for both Gregory Shepard and Leroy
Mayhood. Since both leases have expired, they are both considered "holding over" and could be charged double rents if
desired by the Airport. Obviously that is not the approach that we have decided to exercise. As discussed with Mr.
Mayhood, when asked what his new lease rate would be for May the Airport informed him that is would be $0.10 per
square foot minimum until a determination is made by the FAA. If the FAA determination is that his business is a non -
aeronautical use he would then pay $0.14 per square foot. As per Gregory Shepard, it is my opinion that the same
process would be used in the interim until an FAA determination has been made. What are your thoughts /suggestions?
Under Florida Law e mail addresses are public records, if yore do not want your email address released in response to a public records request do not send
electronic snail to INs entity Instead contact this office, by telephone or in wMing.
Martha S. Vergara . 7 90
From: CurryChris
Sent: Friday, April 29, 201110:55 AM
To: WilliamsSteven
Subject: RE: Lease Negotiations
Steve, please review the letter I will send to Gregory Shepard today.
Letter to Greg
Shepard April.d...
From: WilliamsSteven
Sent: Friday, April 29, 2011 7:48 AM
To: CurryChris
Subject: RE: Lease Negotiations
I agree completely.
cffa-v m
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliamskcolliergov.net
From: CurryChris
Sent: Friday, April 29, 20117:30 AM
To: WilliamsSteven
Subject: Lease Negotiations
Good morning Steve, I have a question for you related to the lease negotiations for both Gregory Shepard and Leroy
Mayhood. Since both leases have expired, they are both considered "holding over" and could be charged double rents if
desired by the Airport. Obviously that is not the approach that we have decided to exercise. As discussed with Mr.
Mayhood, when asked what his new lease rate would be for May the Airport informed him that is would be $0.10 per
square foot minimum until a determination is made by the FAA. If the FAA determination is that his business is a non -
aeronautical use he would then pay $0.14 per square foot. As per Gregory Shepard, it is my opinion that the same
process would be used in the interim until an FAA determination has been made. What are your thoughts /suggestions?
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.
April 29, 2011
Mr. Gregory Shepard
2243 Peck Street
Fort Myers, FL 33901
Mr. Shepard,
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired December 31, 2010. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 14, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot will be charged for an aeronautical use
determination and $0.14 per square foot will be charged for an non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 148,500 square feet. This action to establish payment was confirmed by email sent to you on
April 14, 2011 from Attorney Steven Williams. The rent payment due to the Airport Authority will be
$1,237.50 per month until an FAA determination is made. If you have any further questions please
contact me by email or telephone.
Sincerely
Chris Curry
Executive Director
chriscurry @colliergov.net
239 - 642 -7878
Martha S. Vergara
From: WilliamsSteven
Sent: Friday, April 29, 201110:58 AM
To: CurryChris
Subject: RE: Lease Negotiations
Chris,
I read the letter and have no problems. Well written. Please send.
Syte-11,1M
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams a,colliergov.net
From: CurryChris
Sent: Friday, April 29, 2011 10:55 AM
To: WilliamsSteven
Subject: RE: Lease Negotiations
Steve, please review the letter I will send to Gregory Shepard today.
<< File: Letter to Greg Shepard April.docx >>
From: WilliamsSteven
Sent: Friday, April 29, 20117:48 AM
To: CurryChris
Subject: RE: Lease Negotiations
I agree completely.
CYf0AIV--
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams@colliergov.net
From: CurryChris
Sent: Friday, April 29, 20117:30 AM
To: WilliamsSteven
Subject: Lease Negotiations
Good morning Steve, I have a question for you related to the lease negotiations for both Gregory Shepard and Leroy
Mayhood. Since both leases have expired, they are both considered "holding over" and could be charged double rents if
desired by the Airport. Obviously that is not the approach that we have decided to exercise. As discussed with Mr.
Mayhood, when asked what his new lease rate would be for May the Airport informed him that is would be $0.10 per
square foot minimum until a determination is made by the FAA. If the FAA determination is that his business is a non -
aeronautical use he would then pay $0.14 per square foot. As per Gregory Shepard, it is my opinion that the same
process would be used in the interim until an FAA determination has been made. What are your thoughts /suggestions?
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
Martha S. Vergara -qWq 7*Z)
From: CurryChris
Sent: Friday, April 29, 201112:37 PM
To: WilliamsSteven
Subject: RE: Lease Negotiations
Attached is a similar letter for Mr. Mayhood.
t',]
Letter to Mr,
Mayhood April,d.,.
From: WilliamsSteven
Sent: Friday, April 29, 20117:48 AM
To: CurryChris
Subject: RE: Lease Negotiations
I agree completely.
cric-&-m-
Steven T. Williams
Collier County Attorney's Office
(239) 252 -8400
stevenwilliams@colliergov.net
From: CurryChris
Sent: Friday, April 29, 20117:30 AM
To: WilliamsSteven
Subject: Lease Negotiations
Good morning Steve, I have a question for you related to the lease negotiations for both Gregory Shepard and Leroy
Mayhood. Since both leases have expired, they are both considered "holding over" and could be charged double rents if
desired by the Airport. Obviously that is not the approach that we have decided to exercise. As discussed with Mr.
Mayhood, when asked what his new lease rate would be for May the Airport informed him that is would be $0.10 per
square foot minimum until a determination is made by the FAA. If the FAA determination is that his business is a non -
aeronautical use he would then pay $0.14 per square foot. As per Gregory Shepard, it is my opinion that the same
process would be used in the interim until an FAA determination has been made. What are your thoughts /suggestions?
mail n you vo not want your e mail eoum^ released m response ma public records request, uu not send
electronic mail to this entity, Instead, contact this office by telephone or in writing
April 29, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood,
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot will be charged for an aeronautical use
determination and $0.14 per square foot will be charged for a non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and I. The rent payment due to
the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination is
made. If you have any further questions please contact me by email or telephone.
Sincerely
Chris Curry
Executive Director
chriscurry @colliergov.net
239 - 642 -7878
Martha S. Vergara 730
From: CurryChris
Sent: Friday, April 29, 20112:13 PM
To: BrueggemanDebra
Subject: Letterhead for Mr. Mayhood
Letter to Mr.
Mayhood ApriLd...
Under Florida Law, e mad addresses are public records It you do not want your e mail address released in response to a public records request, do riot send
electronic rr)ajl to this entity. Instead. contact this office by telephone or in writing
April 29, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood,
I am writing this letter to clarify payment terms that must be made to the Airport Authority. As you are
aware, your lease with the Collier County Airport Authority expired March 10, 2011. After that time,
you were considered to be "holding over" and the Airport Authority had the right to charge you double
rents for your use of the property. Obviously this is not the position we would like to take in
consideration of our recent negotiations to construct a new lease at a meeting held on April 25, 2011.
At that meeting, we specifically discussed a fee structure paid to the Airport Authority that was based on
aeronautical or non - aeronautical use rates to be determined by the Federal Aviation Administration.
We agreed that a minimum rate of $0.10 per square foot will be charged for an aeronautical use
determination and $0.14 per square foot will be charged for a non - aeronautical use determination.
Until such time that the FAA makes a determination, the Airport Authority will charge you the minimum
rate of $0.10 per square foot based on an aeronautical rate. The amount of square footage leased by
you is 87,120 square feet. This action to establish payment was confirmed at the recent meeting
attended by you, your daughter, Tom Vergo, Attorney Steven Williams and I. The rent payment due to
the Airport Authority will be $726.00 per month plus applicable sales tax until an FAA determination is
made. If you have any further questions please contact me by email or telephone.
Sincerely
Chris Curry
Executive Director
chriscurry @colliergov.net
239 - 642 -7878
Martha S. Vergara `�7 790Z
From: VergoThomas
Sent: Tuesday, May 03, 20115:03 PM
To: CurryChris
Subject: FW: IMM Upland Management Area
Attachments: Corky Area Depictionjpg; IRA jpg
Chris,
I have been working with Shane Johnson of Passarella on the mowing issues of Corky Mayhood's Land Lease.
It looks like there are environmental concerns with regards to mowing of the property therefore it probably would be in
the Airport's best interest not to allow the tenant to mow the property and have our staff members mow it maybe twice
a year as part of our annual maintenance to the "preserve area."
See below for all of the correspondence between Shane and I.
I wanted to pass the information onto you as I know we discussed this a few weeks ago.
Thomas
From: Shane Johnson [mailto:ShaneJ @passarella.net]
Sent: Tuesday, May 03, 20112:32 PM
To: VergoThomas
Subject: RE: IMM Upland Management Area
Tom,
I would mow around those areas as best as possible. We can always explore the idea of relocating gopher tortoises if
that becomes an issue. With burrowing owls you shouldn't have any issues mowing from July 11 through February 14
because that is the non - nesting period.
Shane Johnson
Senior Ecologist
Passarella & Associates, Inc.
13620 Metropolis Avenue
Suite 200
Fort Myers, FL 33912
office: (239)274 -0067
fax: (239)274 -0069
www.Passarelia.net
Confidentiality Note: The information contained in this transmission is legally privileged and confidential, intended only for the use
of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this communication in error, please
notify us immediately by telephone call to (239) 274 -0067 and delete this message. Thank you.
From: VergoThomas [ mailto :ThomasVergo @colliergov.net]
Sent: Tuesday, May 03, 20119:13 AM
To: Shane Johnson
Subject: RE: IMM Upland Management Area
Yeah, he is claiming that there are owls and tortoise burrows in his grassy areas so that is why he has not mowed them.
His lease area seems like it is where they go to reproduce as we see them constantly "reproducing" on his paved ramp
area.
Thanks for the information; I am not really sure how we will be able to keep this area mowed without impacting the
wildlife.
Thomas
From: Shane Johnson [mailto:ShaneJ @passarella.net]
Sent: Tuesday, May 03, 20119: 10 AM
To: VergoThomas
Subject: FW: IMM Upland Management Area
Tom,
If you are referring to the entire area outlined in black then the leasee is correct. However, it appears from the aerial that
the grassy areas are within an outparcel and are not included in the conservation easement. I don't see any reason why
those areas cannot be mowed, provided that no gopher tortoise /burrowing owl burrows are being impacted in the
process. I included the (approx.) limits of the outparcel in the attached Google map. Does this answer your question?
Shane Johnson
Senior Ecologist
Passarella & Associates, Inc.
13620 Metropolis Avenue
Suite 200
Fort Myers, FL 33912
office: (239)274 -0067
fax: (239)274 -0069
www.Passarella.net
Confidentiality Note: The information contained in this transmission is legally privileged and confidential, intended only for the use
of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this communication in error, please
notify us immediately by telephone call to (239) 274 -0067 and delete this message. Thank you.
From: VergoThomas [mailto :ThomasVergo @colliergov.net]
Sent: Tuesday, May 03, 20118:46 AM
To: Shane Johnson
Subject: RE: IMM Upland Management Area
Sorry Shane, I neglected to add the attachment.
Here it is,
Thomas
From: Shane Johnson [mailto:ShaneJ @passarella.net]
Sent: Tuesday, May 03, 20118:41 AM
To: VergoThomas
Subject: RE: IMM Upland Management Area
Tom,
Is there any way you can identify for me the area that is being leased? You can draw a boundary using Google Earth or
give me a call. I will be in the office all day.
Shane Johnson
Senior Ecologist
Passarella & Associates, Inc.
13620 Metropolis Avenue
Suite 200
Fort Myers, FL 33912
office: (239)274 -0067
fax: (239)274 -0069
www.Passarelia.net
Confidentiality Note: The information contained in this transmission is legally privileged and confidential, intended only for the use
of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any
dissemination, distribution, or copying of this communication is strictly prohibited. If you receive this communication in error, please
notify us immediately by telephone call to (239) 274 -0067 and delete this message. Thank you.
From: VergoThomas [mailto:ThomasVergo @colliergov.net]
Sent: Tuesday, May 03, 20118:30 AM
To: Shane Johnson
Subject: IMM Upland Management Area
Shane,
I am having troubles finding out based off of our documentation if the gentleman who leases some land in our preserve
area is bound by the rules of the preserve area.
He claims that there are turtles on his leased area and that he was told not to mow the area because of their presence.
Does any of this sound logical to you?
Thanks,
Thomas Vergo
Airport Manager
Immokalee Regional Airport
Collier County Airport Authority
239- 657 -9003 Office
239 - 465 -9983 Cell
239 - 657 -9191 Fax
3
Under Florida Law e-mail addresses are public records It you do riot want your e -mail address released in response to a public records request_ do riot send
electronic mail to this entity Instead contact this office by telephone or in writing
EE
1
Martha S. Vergara 35V 4703
From: Joan and Jim Murray <joanandjimm @aol.com>
Sent: Tuesday, March 27, 2012 8:45 AM
To: CurryChris
Subject: BCC
Hi Chris,
Saw the article about Fletcher's lawsuit. Maybe that will bring things to a head. Apparently he hasn't sued the
CCAA /BCC or Advisory Board...
...Any idea when the Mayhood lease will come up? I can be there for support.
Jim
Martha S. Vergara�73��
From: CurryChris
Sent: Tuesday, March 27, 2012 8:52 AM
To: Joan and Jim Murray
Subject: RE: BCC
Hello Jim,
I was notified by the reporter from Naples News yesterday. She said Fletcher called to inform them that he filed a
lawsuit. I will wait to see what the legal papers say, however none of his issues are new and almost all have previously
been filed with the FAA and not supported.
On Saturday, I received a signed copy of the Mayhood lease. Therefore, I have taken the eviction action off the agenda
today and will put the lease on for the next meeting. I was informed that Commissioner Hennning has requested to
keep the eviction on the agenda and have a time certain for 1:45pm. Leo said he told him the item was pulled and to
put it back on the agenda will require the vote of 3 commissioners. Stay tuned.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: Joan and Jim Murray [mailto:ioanandiimm@aol.coml
Sent: Tuesday, March 27, 2012 8:45 AM
To: CurryChris
Subject: BCC
Hi Chris,
Saw the article about Fletcher's lawsuit. Maybe that will bring things to a head. Apparently he hasn't sued the
CCAA /BCC or Advisory Board...
...Any idea when the Mayhood lease will come up? I can be there for support.
Jim
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.
Martha S. Vergara - IW7965
From: CurryChris
Sent: Tuesday, March 27, 2012 8:54 AM
To: Joan and Jim Murray
Subject: RE: BCC
Jim,
So far I have two items on the agenda. Both pertain to the rehabilitation of the runways for Marco and Immokalee.
Those two were pulled from the consent agenda by Commissioner Hiller.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: loan and Jim Murray fmailto:ioanandiimm @aol.coml
Sent: Tuesday, March 27, 2012 8:45 AM
To: CurryChris
Subject: BCC
Hi Chris,
Saw the article about Fletcher's lawsuit. Maybe that will bring things to a head. Apparently he hasn't sued the
CCAA /BCC or Advisory Board...
...Any idea when the Mayhood lease will come up? I can be there for support.
Jim
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.
Martha S. Vergara
From:
KlatzkowJeff
Sent:
Tuesday, March 27, 2012 9:17 AM
To:
WilliamsSteven
Cc:
CurryChris; OchsLeo
Subject:
Mayhood Lease
Steve: Board direction is to bring back the proposed lease with all back-up regarding the negotiations. You'll need to get
all of your responsive non-protected e-mails, correspondence, etc. to Leo.
-Jeff
Under Ronda Law, e-mail addresses are public records. It YOU do riot want your e-mail address released in response to a public records request, do riot send
electronic rnail to this entry. Instead, contact this office, by telephone or in wtifing
Martha S. Vergara --35V730
From: Joan and Jim Murray <joanandjimm @aol.com>
Sent: Tuesday, March 27, 2012 9:21 AM
To: CurryChris
Subject: Re: BCC
Thanks, I can be there if it stays on.
Jim
On Mar 27, 2012, at 8:51 AM, CurryChris wrote:
> Hello Jim,
> I was notified by the reporter from Naples News yesterday. She said Fletcher called to inform them that he filed a
lawsuit. I will wait to see what the legal papers say, however none of his issues are new and almost all have previously
been filed with the FAA and not supported.
> On Saturday, I received a signed copy of the Mayhood lease. Therefore, I have taken the eviction action off the agenda
today and will put the lease on for the next meeting. I was informed that Commissioner Hennning has requested to
keep the eviction on the agenda and have a time certain for 1:45pm. Leo said he told him the item was pulled and to
put it back on the agenda will require the vote of 3 commissioners. Stay tuned.
> Chris Curry
> Executive Director
• Collier County Airport Authority
• (W)239- 642 -7878 x35
• (C) 239 - 269 -3353
> - - - -- Original Message---- -
> From: Joan and Jim Murray [mailto:ioanandiimm @ aol.com]
> Sent: Tuesday, March 27, 2012 8:45 AM
> To: CurryChris
> Subject: BCC
> Hi Chris,
> Saw the article about Fletcher's lawsuit. Maybe that will bring things to a head. Apparently he hasn't sued the
CCAA /BCC or Advisory Board...
> ...Any idea when the Mayhood lease will come up? I can be there for support.
> Jim
> 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.
Martha S. Vergara 35T 7361
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:26 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County AttorneiJ
Collier CountiJ
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239- 2528400
Fax: 259 -252 -6300
From: CurryChris
Sent: Tuesday, February 28, 2012 9:57 AM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012, On January 10th, you requested an additional month for
your attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a
signed lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copy of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30th. It is not in the
best interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any
questions you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 -269 -3353
From: S Mayhood [,mai Ito: suezg05Ccbaol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette @colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Under 1 londa t_aw, 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.
N
Martha S. Vergara ='�.K730
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:26 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239-252 --8400
Fcm 239- 252 -6300
From: S Mayhood [mailto:suezg052aol.coml
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a-)- colliergov.net>
To: S Mayhood <suezg05(c aol.com>
Cc: ColettaJim <JimColetta(acolliergov.net >; WilliamsSteven < StevenWilliams (aD-colliergov.net >; Brueggemanpebra
<I)ebraBrueggeman @colliergov.net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copy of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05@aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette(cDcolliergov. net
Subject: Immokalee Airport Lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Under F=lorida haw_ e mail addresses are rKiblic, 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 tits office by telephone or (n writing.
Martha S. Vergara
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:28 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
73/0
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant Countq /attorney
Collier CountiJ
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 --252 -8400
Fax: 239 - -252. -6300
From: CurryChris
Sent: Monday, March 12, 2012 1:28 PM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and
for you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because
you are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their
facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me
know. Thanks
Chris Curry
1
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWiIIiams @colIiergov.net >; BrueggemanDebra
<DebraBrueggeman @colliergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed cop of your lease by
March 10, 1 will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05@aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Under Florida Low e -mail addresses are public records. If you do riot want your e -mail address released in response to a public records request, do riot send
electronic rnail to this entity. Instead, contact this office by telephone or in writing.
9
Martha S. VergaraJs� 73�
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:29 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attornetj
Collier CounttJ
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252 -8400
Fax: 239-- 252 --6300
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
<DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239 -642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood fmailto:suezg050_)aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCur[y acollier oq_v.net>
To: S Mayhood <suezg05(daol.com>
Cc: ColettaJim <JimColetta(d)colliergov.net >; WilliamsSteven < StevenWilliams (cDcolliergov.net >; BrueggemanDebra
<DebraBrueggemana.col Iiergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05aaol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: iimcolette .colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Vergara��T
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:29 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Attachments: AIRPORT LEASING POLICY 10.22.01 TCP EDITED 1- 29- 02.pdf
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252-8400
Fax: 239 - 252 -6300
From: CurryChris
Sent: Tuesday, March 13, 2012 11 :49 AM
To: S Mayhood
Cc: Colettalim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the
issue of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others
that provide services on the airport. The lease term that has been offered is consistent with other tenants who owned
facilities and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for
March 27, 2012 and if there are items that we cannot agree I will seek direction from the Board of County
Commissioners. Please provide me with a signed lease that was promised initially on January 12th or I will move forward
without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
1
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05Qaol.coml
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a-))colliergov.net>
To: S Mayhood <suezg05 _aol.com>
Cc: ColettaJim <JimColettaa colliergov.net >; WilliamsSteven <StevenWilliams(a)collier ocLv.net >; BrueggemanDebra
<DebraBrueggeman@col liergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mai Ito: suezg05(Qaol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette�a colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
... .... ...... . _ .___.....
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.
COLLIER COUNTY AIRPORT AUTHORITY
AIRPORT LEASING POLICY
Approved as to form and legal
Sufficiency:
Thomas C. Palmer
Assistant County Attorney
Adopted by:
Stephen L. Price, Chairman
Robin Doyle, Vice Chairman
Monte Lazarus, Secretary
Gene Schmidt
Bill West
Dennis P. Vasey
Raymond Rewis
COLLIER COUNTY AIRPORT AUTHORITY
By:
Stephen L. Price, Chairman
Adopted: May 9, 1994
Revised: 10/22/2001
Revised: 2/11/02
H: \Leasing Policy \Airport Leasing Policy 10.22.01 TCP Edited 1 -29 -02
Airport Leasing Policy
TABLE OF CONTENTS
Page
SECTION I GENERAL POLICY . . . . . . . . . . . . . .
3
Agreement Classifications . . . . . . . .
3
Agreements Required . . . . . . . . . . .
4
Lease /Operating Agreement Categories. . .
4
SECTION II GENERAL GUIDELINES FOR AIRPORT AGREEMENTS .
5
Rates and Charges . . . . . . . . . . . .
5
Terms of Lease . . . . . . . . . . . . .
6
Title to Improvements . . . . . . . . . .
6
Materials . . . . . . . . . . . . . . . .
6
Assignment /Subletting /Sale of Stock /Sale
of Facilities Constructed . . . . . . . .
7
Public Service Goals . . . . . . . . . .
8
Encumbrances . . . . . . . . . . . . . .
8
Indemnification and Insurance . . . . . .
8
Taxes. . . . . . . . . . . . . . . . . .
8
Rules and Regulations . . . . . . . . . .
8
Appraisals . . . . . . . . . . . . . . .
8
Solicitation for Available Lease Space. .
9
Variance . . . . . . . . . . . . . . . .
9
Applications to Conduct Operations. . . .
9
Due Diligence Review. . . . . . . . . . .
9
Performance Bonds . . . . . . . . . . . .
10
Relocation of Improvements . . . . . . .
10
Zoning. . . . . . . . . . . . . . . . .
10
Annual CPI - Escalation Language . . . . .
10
Gross Receipts Language . . . . . . . . .
10
Other Lease Provisions . . . . . . . . .
11
Hangar Waiting List Policy. . . . . . . .
11
SECTION III RATE STRUCTURES . . . . . . . . . . . . . .
19
-2-
Airport Leasing Policy
SECTION I
GENERAL POLICY
In order to promote and develop a fair and reasonable operating
environment for all persons, firms, or organizations who enter
into agreements with the Collier County Airport Authority
hereinafter referred to as (the Authority) to conduct a
commercial or non - commercial operation on any of its airports
(hereinafter referred to as airport) the following Policy is
hereby adopted.
This Leasing Policy is authorized by the Administrative Codes
Section
The Collier County Airport leases the Immokalee Airport, the
Everglades Airport and the March Island Airport from Collier
County Florida, the landowner of each of these airports. Although
this policy refers to "leasing" policy, these policies apply to
sub - leasing and sub - subleasing as the case may be. As used
herein the word "leases" refers to sub - leases and "sub- leases"
refers to sub - subleases. As used herein the word "tenant" is
not limited to true tenants, but includes any individual, person
or entity that has been granted any right, license or privilege
to occupy or use any property or conduct any activity
irrespective of the form of the agreement, permit, and /or license
that grants any such right, license or privilege.
The Authority hereby instructs the Executive Director to ensure
that reasonable efforts are made when negotiating agreements to:
1. Permit revenue generation consistent with market forces.
2. Minimize operational costs in the leased areas to the
Authority.
3. Enhance general aviation purposes consistent with the
operation of public use airports.
4. Attract private capital and investment for airport
development.
Agreement Classifications
The Authority will entertain, at a minimum, the following five
Agreement classifications:
1. LEASE AGREEMENTS: The only leases that apply to any of the
three airports are the leases between the Airport Authority and
Collier County where Collier County is the landowner /lessor and
the Airport Authority is the lessee.
SUBLEASE AGREEMENTS: Agreements by which the Airport Authority
sub - leases Land, building and /or facility leases with airport
tenants who maintain a valid sub -lease agreement with the
Authority.
-3-
Airport Leasing Policy
SUB — SUBLEASE AGREEMENTS. These
sub - lessee (in privity with the
some or all of the sub - lessee's
sublessee.
Agreements are used whereby a
Airport Authority) sub - subleases
rights and obligations to a sub-
LICENSE AGREEMENTS: Land, building and /or facility leases with
granted privileges of conducting aviation related or airport
support operations. These agreements do not convey any interest
in real property or any personal property. These agreements
convey only a bare license that has no interest coupled thereto.
These agreements do not create any relationship of landlord and
tenant and no licensee has any rights as a tenant.
OPERATING AGREEMENTS: Agreements granting the privilege of
conducting aviation specifically granted related activities or
airport support operations. These are use license agreements that
do not convey any interest in real property or personal property.
Agreements Required
No person, firm, organization, club, or other entity whatsoever
shall be permitted to operate any business or commercial activity
whatsoever on any airport or base and engage in any commercial or
non - commercial activities whatsoever at the respective airport
without an approved and fully executed sub - lease, sub - sublease,
license, operating agreement with the Authority or fully approved
and executed assignment of same. The intent of this requirement
is to protect the investment and privileges of bona fide
operations on the airport and to try to ensure that fees or
charges will be required from every user of the airport.
Provided, however, that a business may be permitted to continue
operation as a tenant at will after the expiration of an approved
sub - lease, sub - sublease, license and /or operating agreement while
renewal or extension negotiations are in progress and being
conducted in good faith and there appear to be prospects of
coming to mutual agreement. The Executive Director shall be the
judge of whether good faith negotiations with a viable prospect
mutual agreement exists.
Lease /Operating Agreement Categories
1. Flight Training Service Center.
2. Aircraft Maintenance, Overhaul, and Parts Shop.
3. Specialized Commercial Flying Service.
4. Specialized Aircraft Repair Service.
5. Aircraft Hangar Storage.
6. Scheduled Passenger Air Carrier.
7. Non - Scheduled Passenger Air Carrier.
8. Cargo Air Carrier.
9. Non - Aviation Land and /or Building Lease.
10. On Airport Car Rental Operations.
11. Off Airport Car Rental Operations.
12. Taxi Cab, Limousine, and /or Bus Operations.
13. Courtesy Vehicle Operations.
14. Vending Machine Operations.
15. Airport brochure display /distribution operations.
16. Display Cabinet Operations.
-4-
Airport Leasing Policy
17. Advertising signs on Airport.
18. Advertising signs off Airport.
19. Utility Easements.
20. Automobile Parking.
21. Food, Beverage, and /or Merchandising Concessions.
22. Government Leases.
23. Aviation Easements.
24. Operating Privilege Agreements.
25. Clubs.
26. Skydiving.
27. Hangar License Agreements.
28. Other.
Agreements, which the Authority shall not entertain:
Consistent with Department of Transportation, Federal Aviation
Administration order 5190.6A, the Authority shall retain
proprietary exclusive rights of the following aeronautical
services:
1. Sale of aircraft fuel to others
2. Rental of Aircraft T- Hangars
3. Rental of ramp space to others for aircraft tie -downs or any
other purpose.
The Authority shall not permit any tenant, licensee or other
occupant of any airport to engage in any of the above referenced
aeronautical services. The Authority shall provide those
aeronautical services with its own employees and resources.
SECTION II
GENERAL GUIDELINES FOR AIRPORT AGREEMENTS
The following guidelines shall be used when airport management
negotiates agreements. This policy is not all- inclusive and,
where exclusions exist, application of professional airport
leasing practices shall be applied on a case -by -case basis.
Rates and Charges
Each airport sub - tenant, sub - subtenant, licensee or occupant user
of the airfield shall pay the then applicable and appropriate
rate or fee for such tenancy or use. An annual Consumer Price
Index (CPI) increase may be imposed every year on all ground sub-
leases for use of land. A "Rate Structure" updated and approved
by the Authority annually will serve as a guide when negotiating
fees. In addition to annual CPI increases, sub - leases may
reflect a rate adjustment every three (3) to five (5) years in
accordance with the appraisal section of this policy.
Adjustments may reflect the appraised value, CPI increase, or the
current rental -rate, whichever is greater. Costs of new
construction may because of commercial practicability may require
a fixed rate over a reasonable period of time (in accordance with
the Terms of Lease section). Caps on rent and /or fee increases
-5-
Airport Leasing Policy
may be imposed by percentage valuation or by fixed dollar
amounts.
Terms of Lease
Agreements will be sufficient to permit capital investment. At
no time shall agreements where the facilities are then owned by
the Authority, exceed a term of five (5) years. Where new
construction is proposed by a sub - tenant, additional years may be
permitted but in no case shall the term ever exceed twenty -nine
(29) years because the lease between Collier County and the
Airport Authority does not exceed thirty (30) years.
Title to Improvements
Title to all fixed improvements constructed or installed on sub-
leased premises shall remain with the sub - lessee. Upon
termination of the agreement, said improvements shall become the
property of the Authority or, at the Authority's sole option.
The Airport Authority may require the sub - lessee to remove said
improvements and restore the ground to its original condition,
all at no cost to the Airport or the County.
Materials
Terminal building: The Authority will provide structural
maintenance, heat and light, but will not provide janitorial
service, revamping or other day -to -day service in any sub-
tenant's leased or licensed area unless the applicable agreement
specifies that the Authority shall be compensated for such
services.
Airfield: The Authority will maintain all public use runways,
taxiways and aprons. Ramps and aprons sub - leased or otherwise
provided to sub - tenants or any other occupants will be maintained
by the sub - tenants or occupant of any description.
Land and Building: Sub - tenants may be required to provide all
maintenance of land and utility service to leased or licensed
land and /or buildings. The Authority shall be sole judge of the
quality of maintenance and, upon written notice, may require
immediate improved maintenance. If such maintenance is not
performed, the Authority may perform such maintenance and invoice
the costs of the maintenance to the tenant; licensee or occupant.
Non - payment of said invoice will be grounds to terminate the
agreement that allows the occupant to occupy to property or
conduct the activities.
Assignment /Subletting /Sale of Stock /Sale of Facilities
Constructed
The operation of any tenant on the airport shall be for the
public interest and furtherance of airport activity. Tenants are
entrusted with the duty and obligation of providing the public
with the highest level of services and facilities, and it is
therefore, necessary that the tenant's activities and /or
Airport Leasing Policy
operations be subject to continuing scrutiny by the Authority and
that the tenant always operate in a businesslike fashion,
efficiently and always with courtesy to the public and to the
staff of the Authority. For these reasons the following shall be
always be required of tenants:
The Authority shall retain total control and exercise sole
discretion over the assignment or any method of changing or
delivering to others any of the functions to be performed by the
tenant, and any such assignment shall have prior written approval
by the Authority.
The tenant shall not have any right to sell, sublease, assign or
transfer a lease without written approval of the Authority. The
Authority may require the approval in writing of the managing
officers and the chief executive officer of the tenant. The
Authority may require that the original owners of the corporation
collectively own no less than fifty -one percent (51 %) or more
financial interest in the assets of the tenant's corporation.
The Authority may require corporation officers to sign leases and
operating agreements as individuals.
The Authority may elect to retain the right to review and approve
the manager who runs the day -to -day operations of the facilities
under lease. In the event the Authority is dissatisfied with
said manager's performance, the Authority shall notify said
tenant of the reasons for such dissatisfaction, and the tenant
shall remedy all such items of dissatisfaction identified by the
Authority including, but not limited to, replacement of said
manager with a new manager acceptable to and approved by the
Authority. Failure to correct those problems shall be deemed to
be a serious breach of the lease and may be reason to terminate
the lease.
Tenant may sublease a part of the leased area to others only
after first receiving written approval from the Authority.
The Authority shall collect reasonable fees from tenants who
lease land, hangars, buildings and /or other airport facilities
constructed on airport- leased land.
-7-
Airport Leasing Policy
Public Service Goals
Those Minimum Standards adopted by the Authority for a specific
airport will automatically be incorporated into each lease in
order to ensure the level of public service is of a high quality,
consistent with the goals of the Authority. Remedy clauses will
be included in all lease agreements for inadequate performance,
the quality of which will be determined solely by the Authority.
The tenant and all representatives of the tenant musty always
deal in the utmost good faith with all members of the staff of
the Airport Authority, including its Executive Director. Failure
to always deal in the utmost good faith shall be grounds to
terminate the lease agreement.
Encumbrances
The Authority may permit a tenant to subordinate leasehold owned
improvements (NOT LAND) and financing purposes, with a mortgage
approved by the Authority. If such an arrangement is permitted
the mortgagee may be granted the right to cure any default
including the assumption of the lease. This encumbrance
provision will assist private investment in financing capital
improvements, protect the mortgagee's interest and does not
endanger the interest of the Authority. NOTICE: Obligations to
pay rent and charges to the Authority shall not be subordinated.
Indemnification and Insurance
The Authority may retain the services of a risk management firm
or expert on a periodic basis to assign standardized limits,
types and clauses concerning indemnification and insurance for
each identified lease /operating category.
Taxes
Federal, state or local taxes not paid may be deemed sufficient
cause to cancel or terminate the lease.
Rules and Regulations
Airport rules and regulations shall be a part of each lease. A
violation of any airport rule or regulation may be deemed
sufficient cause for lease cancellation or termination by the
Airport Authority.
Appraisals
Appraisals may be used for determining the Fair Market Value
(FMV) of the highest and best use of land and /or facilities the
airport leases. Appraisals shall be conducted by certified
general appraisers. The Authority shall make the selection of
the firm to conduct the work but may endeavor to seek
reimbursement from the tenant of the appraised property. Once an
appraisal is conducted for land and /or facilities, the Authority
Airport Leasing Policy
may apply the appraisal on other similar land and /or facilities
for up to three (3) years. If three years have lapsed since an
appraisal has been conducted, a new appraisal for that category
may be conducted if it is determined that the prior appraisal is
out of date. In lieu of appraisals the Authority may, at its
option, apply airport industry standards for determining the FMV
of granting privileges and leasing land and /or facilities for
aviation related or airport support agreements.
Solicitation for Available Lease Space
When only one facility is available for lease, the Executive
Director shall solicit interest to lease said space in an Airport
Authority approved newspaper, magazine or other publication.
When more than one (1) entity is interested in leasing said
facility, the Airport Authority Chairman may establish an ad -hoc
committee to select which entity staff is to negotiate an
agreement with for the one then available facility.
Variance
Prospective tenants who cannot meet the criteria identified in
this leasing policy may make application for variance through the
Authority's Executive Director on forms to be provided. Upon
reviewing justification for such application the Authority may
grant a variance by affirmative vote of five or more members
during one voting session. Variances are not favored and there
must exist compelling reasons for the granting of any variance.
The basis for the variance must always be beyond the control of
the applicant for the variance. Economic hardship shall never be
a valid basis upon which to grant any variance.
Applications to Conduct Operations
Prospective tenants may be required to complete an application to
conduct operations from the airport.
Due Diligence Review
Prospective tenants are subject to due diligence review at the
Authority's option including, but not limited to, financial and
criminal background checks. The scope of such checks can be as
broad as those conducted by the Collier County Public Vehicle
Advisory Committee and /or the Contractors' Licensing Board. The
Authority may refer to those Ordinances regarding the scope of
such checks. Poor credit history is grounds for denial of
processing a lease application. Staff may require a performance
bond and /or payment bond. Said performance bond and /or payment
bond shall be approved by the Collier County Airport Authority.
Performance Bonds
Each tenant who enters into an agreement may be required to
provide the Authority with a surety bond in a sum equal to at
least one year's rental. In lieu of a surety bond, a tenant may
be permitted to deposit with the Authority an amount equal to one
-9-
Airport Leasing Policy
year's rental. Such money shall be deposited in an interest
bearing trust account. The requirement of a bond permits the
Authority to recover damages in the event the tenant is in
default. The bond or deposit serves in lieu of a lien by the
Authority on the tenant's leasehold interest and is not
objectionable from the standpoint of mortgage financing. In
addition to rental deposits, construction performance bonds may
be required.
Relocation of Improvements
To protect the long -term interest of the airport and tenants the
Authority retains the right to relocate or replace a tenant's
improvements at another location in the event property is
required for developing or expansion purposes.
Zoning
All leases shall remain consistent with the airport master plan,
airport development standards, and the airport land use plan as
well as the Collier County Comprehensive Land Use Plan.
Annual CPI - Escalation Languages
The rent may be annually adjusted by CPI, percentages or by
appraisal. Said adjustments shall be negotiated on a lease -by-
lease basis and shall be specified in the respective lease.
Gross Receipts Language
Gross receipts as used herein shall be construed to mean the
aggregate dollar amount of all sales made and service performed
(whether for cash or credit, or otherwise) of every kind and
nature, together with the aggregate dollar amount of all exchange
goods, wares, merchandise and services for all property air
services, valued at the retail market price thereof, as if the
same had been sold for cash or for the fair and reasonable value
thereof, whichever is the greater, excluding only:
1. Refunds and discounts to customers, which have been included
in gross sales.
2. The amount of any sales, use and excise taxes levied upon
retail sales where such tax has been charged to the
customer.
-10-
Airport Leasing Policy
Other Lease Provisions
This leasing policy does not include all of the provisions of
airport leases. Other provisions including, but not limited to,
the following may be included in airport agreements:
Use and Privileges
Obligations of Lessor
Maintenance
Concessions Excluded
Trade Fixtures
Notices
Hazardous Substances
Right to Develop Airport
Construction and Saving
Quiet Enjoyment
Means of access to the premises
Hangar Waiting List Policy
Document No. 1
Obligations of Lessee
Leased Area
Termination
Vending Machines
Government Inclusion
No liens
Waivers
Headings
Improvements
Arbitration
COLLIER COUNTY AIRPORT AUTHORITY
T- HANGAR WAITING LIST POLICY
FOR GENERAL AIRCRAFT T- HANGAR UNITS
Waiting List Process: The term "aircraft storage space ", as used throughout this policy shall
include:
A. General aircraft t- hangar units
B. Storage units
Applicants for aircraft storage space shall contact the Collier County Airport Authority
(CCAA) Finance Department to obtain the then current Hangar Reservation Form (Exhibit
A) (as may be amended from time -to- time). Applicants must complete the then current form,
return it to the Finance Department with a $200.00 non - refundable reservation fee per
aircraft, per reservation form. The Finance Department will place the applicant on a waiting
list in the order other reservation forms were received. Applicants who do not then own an
aircraft but plan to purchase one shall note this fact on the form. Application applicants must
be able to occupy an aircraft storage space with the specified, or similar, airworthy aircraft
within thirty (30) days of entering into a T- hangar License Agreement. Applicants have
fifteen (15) days from actual receipt of a CCAA notification of available hangar space to
enter into a T- hangar License Agreement.
2. Notification of Available Hangar Space:
When aircraft storage space becomes available (or when it become apparent that such space
will soon become available), such space will be offered to the applicants then on the hangar
waiting list on a "first come, first served" basis. Ranking is determined by date of actual,
physical receipt of a completed Hangar Reservation Form.
-11-
Airport Leasing Policy
Applicants on the Hangar Waiting List shall be contacted by certified mail, return receipt
requested when hangar space becomes available or when it is apparent that such space will
soon become available. Applicants who have provided two (2) addresses on the form will be
mailed written notification at each such address. It is the applicant's responsibility to provide
updated mailing and type of aircraft information. When the Authority receives
correspondence that correctly addressed Notice is /was undeliverable to the applicant, the
Authority shall make one attempt to telephone the applicant at the then existing telephone
number then on file with the Authority. It shall be the responsibility of the applicant to keep
the Authority informed of the applicant's current (up- dated) telephone number. If staff is
unable to reach the applicant by phone (including applicant's phone service being
disconnected), the applicant will be removed from the list and the $200.00 non- refundable
reservation fee related to that space will be forfeited. Each Applicant who is provided written
notice of an available aircraft storage space and does not notify staff that the applicant will
accept the requested space will be removed from the waiting list. Non- response by the
applicant within fifteen (15) days from the date of postmark will be considered to have
declined to accept the space and will forfeit the $200 non - refundable fee.
3. Aircraft Storage Space definitions:
A. General Aircraft T- Hangars: These hangars have door openings width of forty-six
(46) feet or less. Ranking is based on applicant's position on the waiting list and can
accommodate either twin or single engine aircraft.
B. Storage Units: These units are at the end of T- hangars and are for storing aircraft and or
related equipment. Ranking is based on applicant's position on the waiting list. Storage
units are limited to those persons who or entities who maintain a valid lease for a t- hangar
with the Authority.
4. License: Applicant has fifteen (15) days from postmarked notification to enter into an
agreement for a license, the term of which shall not exceed twelve (12) months. The license
shall include but is not limited to the following:
A. All aircraft stored in a CCAA hangar must be airworthy.
B. All hangars must be occupied by approved aircraft in accordance with this policy.
C. Rent shall be established by the Authority, which rent may be adjusted annually.
D. First and last months rent must be paid in advance.
E. License term will begin on the l" or the 15« day of the initial license month.
F. Sub - licensing is authorized subject to the following limitations and conditions:
1. Limited to a maximum of six (6) months in any one (1) year period.
2. Limited to people on the CCAA T- hangar waiting list for the corresponding
airport.
3. Sub - license must be in accordance with the CCAA T- hangar waiting list policy.
4. Sublicense must be approved by the Authority.
G. The storage of anything other than aircraft, equipment appurtenant to aircraft, vehicles
of owners or passenger during flight is not permitted without the express written
consent of the Authority.
I. Acceptable proof of aircraft ownership is required. Ownership is defined as owning a
minimum of 25% interest in an aircraft or having a fully executed lease for an aircraft.
-12-
Airport Leasing Policy
5. Emergency Situations: In the event of an emergency, (e.g. hurricane) any vacant hangar is
subject to aircraft temporary occupancy at the discretion of the Executive Director provided
such occupancy is to protect the aircraft from potential exposure to loss or damage because
of the emergency.
-13-
Airport Leasing Policy
COLLIER COUNTY AIRPORT AUTHORITY
HANGAR RESERVATION FORM
Name: Date:
Local Address:
Local Phone:
Other Address:
Other Phone:
Aircraft Type:
Aircraft T- Number:
* Aircraft Classification: Cabin Class:
Twin:
General:
Storage:
( *See policy for classification)
FOR COLLIER COUNTY AIRPORT AUTHORITY USE ONLY
1.
2.
3.
4.
5.
Date received
$200.00 fee collected
Waiting list position #
Aircraft Classification:
Proof of Ownership: _
Notes:
Document No. 2
Date
—14—
Airport Leasing Policy
COLLIER COUNTY AIRPORT AUTHORITY
AIRCRAFT T- HANGAR WAITING LIST POLICY
FOR SPECIALTY AIRCRAFT HANGARS
2. Waiting List Process: The term "aircraft storage space ", as used throughout shall include:
A. Cabin Class Aircraft t- hangar units
B. Twin aircraft t- hangar Units C. Bulk Storage Hangar Applicants for aircraft storage space
shall contact the Collier County Airport Authority (CCAA) Finance Department to obtain a
then current Hangar Reservation Form (Exhibit A). Applicants must complete the form,
return it to the Finance Department with a $200.00 non - refundable reservation fee per
aircraft, per reservation form. The Finance Department will place the applicant on a waiting
list in the order reservation forms are received. Applicants who do not then own an aircraft
but plan to purchase one shall note this fact on the form. Application applicants must be able
to occupy an aircraft storage space with the specified, or similar, airworthy aircraft within
thirty (30) days of entering into a T- hangar License Agreement. Applicants have fifteen (15)
days from actual receipt of a CCAA notification of available hangar space to enter into a T-
hangar License Agreement.
2. Notification of Available Hangar Space:
When aircraft storage space becomes available (or when it become apparent that such space
will soon become available), such space will be offered to the applicants on the hangar
waiting list on a "first come, first served" basis. Ranking is determined by date of receipt of a
completed then current Hangar Reservation Form.
A. Type of aircraft storage space available
B. Type of aircraft on reservation form
C. Date of receipt of reservation form
Applicants on the Hangar Waiting List shall be contacted by certified mail, return receipt
requested when hangar space becomes available or when it is apparent that such space will
soon become available. Applicants who have provided two (2) addresses on the form will be
mailed written notification to each such address. It is the Applicant's responsibility to
provide updated mailing and class of aircraft information. When the Authority receives
correspondence that correctly addressed Notice is /was undeliverable to the applicant, the
Authority shall make one attempt to telephone the applicant at the then existing telephone
number on file with the Authority. It shall be the responsibility of the applicant to keep the
Authority informed of the applicant's current (up- dated) telephone number. If staff is unable
to reach the applicant by phone (including applicant's phone service being disconnected), the
applicant will be removed from the list and the $200.00 non - refundable reservation fee
related to that space will be forfeit. Each applicant who is provided written notice of an
available aircraft storage space and does not notify staff that the applicant will accept the
requested space will be removed from the waiting list. Non - response by the applicant within
fifteen (15) days from the date of post mark will be considered to have declined to accept the
space and will forfeit the $100 non - refundable fee.
3. Aircraft Storage Space Classifications and definitions:
—15—
Airport Leasing Policy
B. Cabin Class Aircraft T- Hangar Units: These hangars have door openings of fifty -five
(55) feet or wider. These hangars include a right of first refusal on a Storage Unit if the
waiting list for Storage Units is depleted at the time of acceptance of the space.
Ranking is as follows:
I. Jet
II. Twin Turbo prop aircraft
III. Turbo prop aircraft
W. Piston twin
Qualifying aircraft must have a passenger isle, separate passenger door (other than pilot
or co -pilot doors) and air conditioning. Aircraft in this classification include but are not
limited to the following:
JET TWIN TURBO -PROP
TURBO -PROP
PISTON
Jets excluding Beechcraft King Air
TBM 700
Beechcraft Duke
Military jets Beechcraft Queen Air
Caravan
Cessna 340
Cessna Conquest
Pilatus PC -12
Cessna 402
Piper Cheyenne
Cessna 414
Cessna 421
Piper Chieftan
Piper Navajo
B. Twin Aircraft T- Hangar Units: These hangars have door openings width of forty-
seven (47) feet to fifty -four (54) feet. Ranking is as follows:
I. Jet
II. Twin turbo prop aircraft
III. Turbo prop aircraft
IV. Piston twin
V. Single Engine piston (too large to occupy a General Aircraft T- Hangar)
C. Bulk Storage: For multiple aircraft or aircraft that are too large to be accommodated by
any of the other three (3) hangar types.
D. Storage Units: These units are at the end of T- hangars and are for storing aircraft and or
related equipment. Ranking is based on Applicant's position on the waiting list. Storage
units are limited to those persons or entities who maintain a valid lease for a t- hangar
with the Authority.
4. Hangar Availability: The Authority may from time to time construct four (4) types of
Specialty aircraft storage space as follows:
A. Cabin class
B. Twin Aircraft
C. Bulk Storage
—16—
Airport Leasing Policy
As such T- hangars are constructed, the Authority shall designate each T- hangar unit
classification on a case -by -case basis. Hangar door width per classification may be adjusted
on case -by -case basis. After the Authority establishes the classification of each unit (i.e.
"cabin class ", twin, or bulk storage), Authority staff shall attempt to fill each unit with the
proper aircraft classification by rank as outlined in this policy. For example: If the Authority
constructs a six (6) unit T- hangar and designates one (1) unit as "Cabin Class," two (2) units
as "Twin," the Cabin Class unit would be filled by going down the waiting list and contacting
the first eligible aircraft owner owns a Cabin Class aircraft and then the Twin hangars would
be filled in the same manner.
License: Applicant has fifteen (15) days from postmarked notification to enter into an
agreement for a license, the term of which shall not exceed twelve (12) months. The license
shall include but is not limited to the following:
A. All aircraft stored in a CCAA hangar must be airworthy.
B. All hangars must be occupied by approved aircraft in accordance with this policy
C. Rent shall be established by the Authority, which may be adjusted annually.
D. First and last months rent must be paid in advance.
E. License term will begin on the 1 st or 15th day-of the month.
F. Aircraft storage licensees shall receive a three percent (3 %) discount for pre - paying
their annual fee (October - September 30).
G. Sub - licensing is authorized subject to the following limitations and conditions:
1. Limited to a maximum of six (6) months in any one (1) year period.
2. Limited to people on the CCAA T- hangar waiting list for the corresponding
airport.
3. Sub - license must be in accordance with the CCAA T- hangar waiting list policy.
4. Sublicense must be approved by the Authority.
H. The storage of anything other than aircraft, equipment appurtenant to aircraft, vehicles
of owners or passenger during flight is not permitted without the express written
consent of the Authority.
I. Acceptable proof of aircraft ownership is required. Ownership is defined as owning a
minimum of 25% interest in an aircraft or having a fully executed lease for an aircraft.
6. Emergency Situations In the event of an emergency, (e.g. hurricane) any vacant hangar is
subject to aircraft temporary occupancy at the discretion of the Executive Director provided
such occupancy is to protect the aircraft from potential exposure to loss or damage because
of the emergency.
-17-
Airport Leasing Policy
COLLIER COUNTY AIRPORT AUTHORITY
HANGAR RESERVATION FORM
Name: Date:
Local Address:
Local Phone:
Other Address:
Other Phone:
Aircraft Type:
Aircraft T- Number:
* Aircraft Classification: Cabin Class:
Twin:
General:
Storage:
( *See policy for classification)
FOR COLLIER COUNTY AIRPORT AUTHORITY USE ONLY
5. Date received
6. $200.00 fee collected Date
7. Waiting list position #
$. Aircraft Classification:
5. Proof of Ownership:
Notes:
Airport Leasing Policy
SECTION III
RATE STRUCTURE
The Authority shall establish annual rates and charges to become effective every October
I" to coincide with the Authority's fiscal year. The Executive Director shall use these rates and
charges as a guideline and base for negotiating agreements.
Deviations from the established rates and charges must be approved by the Authority.
-19-
Martha S. Vergara 4f-'?,5q7313
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:29 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorney
Collier CountiJ
3209 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239-2D2-8400
Fax: 259-252-6300
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Thank you for providing us with a copy of the leasing policy
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry, for
undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation, flying, and
storage. Our use has never competed with the services provided on the airport, nor would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized lease to
sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Torn Henn ing @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the issue
of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others that
provide services on the airport. The lease term that has been offered is consistent with other tenants who owned facilities
and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27,
2012 and if there are items that we cannot agree I will seek direction from the Board of County Commissioners. Please
provide me with a signed lease that was promised initially on January 12th or I will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a-)_aol.com]
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(c)colliergov.net>
To: S Mayhood <suezg05 faol.com>
Cc: ColettaJim <JimColetta(cD-colliergov.net >; WilliamsSteven < StevenWiIIiams @_colIiergov.net >; BrueggemanDebra
<QebraBrueggeman )colliergov .net >; VergoThomas <ThomasVergo(@_colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <QhrisCurrya@colliergov.net>
To: S Mayhood <suezg05@aol.com>
Cc: ColettaJim <JimColetta - colliergov.net >; WilliamsSteven <StevenWilliams _colliergov.net >; BrueggemanDebra
< DebraBrueggeman (cb-colliergov.net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05@aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Vergara -t-S'W73/L
From: Williams5teven
Sent: Tuesday, March 27, 2012 9:29 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
,Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tainiami Trail, Suite 800
Naples, Florida 34112
Tel: 239252 -8400
Fax: 239252. -0300
From: CurryChris
Sent: Tuesday, March 13, 2012 4:26 PM
To: S Mayhood
Cc: Colettalim; WilliamsSteven; BrueggemanDebra; VergoThomas;
Subject: RE: Immokalee Airport Lease
FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Ms. Mayhood,
I will send you an email copy of the final lease agreement shortly followed with a hard copy by mail. I can also
provide you with a hard copy when I visit Immokalee Airport tomorrow. As we discussed before, your lease
agreement cannot be for "anything having to do with aircraft maintenance, operation, flying, and storage ". That
description for the use of your property is too general in nature. It does not specify that you could not compete
with the services that the airport currently provide.
In addition and most importantly, your building is situated in a less than preferred location on the airport. The
Airport Authority has decided to renew your lease for your personal use because you have been a good
customer. The problem with your building location has always been access. Your building is located in the
middle of a preserve area and we have made provisions for you to get back and forth to your facility by using
the active taxiway. However, we do not want others to consistently use an active taxiway or cross an active
runway to access your location. Based on that dilemma, we would want to limit the use of your facility to
"aircraft maintenance, operation, flying and storage of your personal aircraft that are leased or owned ". In the
rare case that someone other than you would like to access your hangar permission must be granted by the
Airport Authority
The long term plan of the airport is to not have facilities that can only be accessed by taxiways or crossing
active runways by vehicular traffic. The proper way to provide access to facilities are by roads that vehicles can
use without coming in contact with aircraft. That is guidance recommended by the FAA.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: CAIettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry, for
undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation, flying, and
storage. Our use has never competed with the services provided on the airport, nor would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized lease to
sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24p20 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyle @colIiergov.net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the issue
of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others that
provide services on the airport. The lease term that has been offered is consistent with other tenants who owned facilities
and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27,
2012 and if there are items that we cannot agree I will seek direction from the Board of County Commissioners. Please
provide me with a signed lease that was promised initially on January 12th or I will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05C)a.aol.com]
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCur[y(c)colliergov.net>
To: S Mayhood <suezg05(a-)aol.com>
Cc: ColettaJim <JimColettacc)colliergov.net >; WilliamsSteven < StevenWilliams (Dcolliergov.net >; BrueggemanDebra
< DebraBrueggeman(5-colliergov.net >; VergoThomas <ThomasVergo(a)-colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mai Ito: suezg05(o)aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurrry c(D.colliergov.net>
To: S Mayhood <suezg05(a-)_aol.com>
Cc: ColettaJim <JimColetta(a colliergov.net >; WilliamsSteven <StevenWilliams(a)colliergov .net >; BrueggemanDebra
<DebraBrueggeman(c-)- collier oq v.net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed cog of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(M239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(Qaol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette(7a collier oc� v. net
Subject: Immokalee Airport Lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S.
ra
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:29 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
0
S
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County) AttornetJ
Collier CounttJ
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239252 -8400
FaX: 239 - 2526300
From: CurryChris
Sent: Tuesday, March 13, 2012 4:33 PM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near future to determine a compromise that
works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry, for
undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation, flying, and
storage. Our use has never competed with the services provided on the airport, nor would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized lease to
sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Hen ning@colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the issue
of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others that
provide services on the airport. The lease term that has been offered is consistent with other tenants who owned facilities
and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27,
2012 and if there are items that we cannot agree I will seek direction from the Board of County Commissioners. Please
provide me with a signed lease that was promised initially on January 12th or I will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(d,)aol.com]
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(pcolliergov.net>
To: S Mayhood <suezg05@aol.com>
Cc: ColettaJim <JimColetta(Dcolliergov.net >; WilliamsSteven < StevenWilliams acolliergov.net >; BrueggemanDebra
<DebraBrueggeman(a)colliergov .net >; VergoThomas <ThomasVergo acolliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(d_)aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry .colliergov.net>
To: S Mayhood <suezg050 aol.com>
Cc: ColettaJim <JimColetta(a)_colliergov.net >; WilliamsSteven < StevenWilliamsacolliergov.net >; BrueggemanDebra
<DebraBrueggeman @ colIiergov.net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed cop of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05CaD_aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcoletteCccolliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
5
Martha S. Vergara -?"'3-5(f-731(,
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:30 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239- 2528400
Fax: 239- 252. -6300
From: CurryChris
Sent: Wednesday, March 14, 2012 3:42 PM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I can
accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry@colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven < StevenWilliams @colliergov.net >, BrueggemanDebra
< DebraBrueggeman @colIiergov.net >, VergoThomas <ThomasVergo @colliergov.net >, FialaDonna
<DonnaFiala @colliergov.net >, HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom
<TomHenning @colliergov.net >, CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were in place, therefore the Airport accepted
and approved the fact that crossing runways by vehicle to access the building would occur. For over 20 years now, we
have been crossing the runways with caution and without incident. However, we acknowledge and understand the safety
concerns the Airport may have dealing with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like the main entrance to the Airport. The
Airport can easily provide access for us to our building by installing a key pad on one of the existing gates and eliminate
the need to cross runways. Many years ago, we frequently used the gate with the entrance by the fire department, but
was instructed by the Airport not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance, operation, flying, and storage, so long as it
doesn't compete with services currently provided by the Airport." Would you like to further discuss the use of our building
in person or via email? If you would like to meet, we would be available to meet at the Airport in Immokalee on the
morning of March 22nd, 26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colIiergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near future to determine a compromise
that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05kaol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom;
CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry,
for undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek
a renewal option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation,
flying, and storage. Our use has never competed with the services provided on the airport, nor would that ever
be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized
lease to sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class =WsoN
Under Florida Law, e -mail addresses are publics records. If you do not want your e -mail address released in response to a public records request do riot send
eiectronic mail to this entity Instead, contract this office by telephone, or in writing.
Martha S. Vergara 3511-,7317
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:30 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3200 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 230- 2528400
Fax. 239-252-6300
From: S Mayhood [mailto:suezgOS @aol.com]
Sent: Wednesday, March 14, 2012 12:44 PM
To: CurryChris
Cc: Coletta)im; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were in place, therefore the Airport accepted
and approved the fact that crossing runways by vehicle to access the building would occur. For over 20 years now, we
have been crossing the runways with caution and without incident. However, we acknowledge and understand the safety
concerns the Airport may have dealing with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like the main entrance to the Airport. The
Airport can easily provide access for us to our building by installing a key pad on one of the existing gates and eliminate
the need to cross runways. Many years ago, we frequently used the gate with the entrance by the fire department, but
was instructed by the Airport not to use that gate, therefore we no longer do.
We can adjust our use to, anything having to do with aircraft maintenance, operation, flying, and storage, so long as it
doesn't compete with services currently provided by the Airport." Would you like to further discuss the use of our building
in person or via email? If you would like to meet, we would be available to meet at the Airport in Immokalee on the
morning of March 22nd, 26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: $ Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near future to determine a compromise that
works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05@aol.coml
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Thank you for providing us with a copy of the leasing policy
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry, for
undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation, flying, and
storage. Our use has never competed with the services provided on the airport, nor would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized lease to
sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a)colliergov.net>
To: S Mayhood <suezg05 ,, aol.com>
Cc: ColettaJim <JimColetta .colliergov.net >; WilliamsSteven <StevenWilliams _colliergov.net >; BrueggemanDebra
<DebraBrueggeman(c)-colliergov .net >; VergoThomas <ThomasVergoa- colliergov.net >; FialaDonna
<DonnaFiala(a)colliergov.net >; HillerGeorgia <GeorgiaHiIlera- colliergov .net >; HenningTom
<Tom Hen ning ,collier oq vinet >; CoyleFred <FredCoyle a.colliergov.net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the issue
of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others that
provide services on the airport. The lease term that has been offered is consistent with other tenants who owned facilities
and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27,
2012 and if there are items that we cannot agree I will seek direction from the Board of County Commissioners. Please
provide me with a signed lease that was promised initially on January 12th or I will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239 -642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a)_aol.com]
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurryQ)colliergov.net>
To: S Mayhood <suezg05@aol.com>
Cc: ColettaJim <JimColetta a.collierpov.net >; WilliamsSteven < StevenWiIIiams (aD-colliergov.net >; Brueggemanpebra
<QebraBrueggeman @colliergov .net >; VergoThomas <ThomasVergo(CDcolliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05(c_aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurryo),collier oq_v.net>
To: S Mayhood <suezg05 .aol.com>
Cc: ColettaJim <JimColetta(cDcolliergov.net >; WilliamsSteven <StevenWilliams(a)colliergov .net >; BrueggemanDebra
<DebraBrue,ggeman(ocol liergov. net>
Sent:�Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed cop of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 .aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette(g�colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Vergara��3��
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:30 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant Countg /attorney
Collier Countij
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239-252-8400
Fax: 239 - 252 -6300
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
1
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henning@colliergov. net>; CoyleFred <FredCoyle @colIiergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
2
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will Continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
3
Under Florida Law, e-mail addresses are public records It you do not want your e -mail address released in response to a pkiblic records request, do riot send
electronic mail to this entity instead contact this office by telephone or hi wnting
Martha S. Ver ara '�� 731
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:30 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Attachments: Mayhood Sub -Lease Agreement (March 2012).pdf
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant CounttJ AttornetJ
Collier CounttJ
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252 -8400
Fax: 239 - 252 -6300
From: CurryChris
Sent: Thursday, March 15, 2012 9:25 AM
To: S Mayhood
Cc: Colettalim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I have already sent a completed lease with a space to fill in your use. However, I will send you another
lease with the approved use completed. An acceptable use for your facility is anything having to do with aircraft
maintenance operation and storage for your personal use or aircraft you have leased. Please keep in mind that this is a
new lease agreement. It is not my intention to continue with lease terms and verbiage associated with an old lease that
is not in the best interest of the airport. The vision of the airport has changed since 1996 when you assumed the lease
and 1981 when this facility was built. Your lease is consistent with other lease agreements recently approved by the
board for tenants who own similar structures on airport property.
We are in the process of placing your lease on the agenda for the Board of County Commissioners (BCC) meeting on
March 27, 2012. If we cannot agree on the terms of use, I will seek direction from the BCC at that time. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @ aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
We have prior engagements on Wednesday, March 21st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: $ Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colIiergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Hen ning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
3
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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
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Under Florida I_aw, e -mail addresses are public records. It you do riot want your e -mail address released in response to a public records request, do riot send
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4
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1 st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub -Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub -Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub -Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anything associated with aircraft maintenance, storage, and
operation of aircraft for personal use or aircraft leased by the Sub - Lessee, which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub -Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub -Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
2
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding GPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub- Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and MortaaQes. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoy The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub -Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty-and Condemnation
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access tq Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub- Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub -Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. Remedies of Authority.
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
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub- Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub- Lessee's default under this Sub -Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub- Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual, The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub -Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 1St day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. AiM2rt 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations, The Sub - 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
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub -Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
Revised: March 13, 2012, CAO Sub - Cease Agreement Three Mayhoods, LLC
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Maieure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub- Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub- Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub -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 Sub - Lessee shall use the Sub - 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
9
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34, Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
By:
Witness (signature) Leroy W. Mayhood
(print name)
Witness (signature)
10
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By:
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
11
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:31 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
/assistant Countij Attorney
Collier Counttj
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 --252 -8400
Fax: 239- 252 --6300
From: CurryChris
Sent: Thursday, March 15, 2012 10:36 AM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you
from doing?
"onvthina hovina to do with aircraft maintenance, operation and storage for your personal use or aircraft you have
leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
1
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colIiergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henning@colliergov. net>; CoyleFred <FredCoyle @colIiergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra < DebraBrueggeman @colliergov.net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
2
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood ( mailto: suezg05@ aol .com <mailto:suezgO5 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
3
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
Under Florida Lave e -mail addresses are public records It you do not want your e -oul address released in response to a public records request, do riot send
electronic rnail to the entity Instead, contact this office by telephwie or in writing
4
Martha S. Vergara LL, 3s5�732�
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:31 AM
To:' OchsLeo
Subject: FW: ES to Evict Three Mayhoods, LLC
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252. -8400
Fax: 239 -- 252 -6300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 4:47 PM
To: BrockMary)o
Cc: CurryChris; WilliamsSteven
Subject: ES to Evict Three Mayhoods, LLC
Mary Jo,
I have uploaded the Executive Summary to Evict Three Mayhoods, LLC onto the 4 -10 -12 Agenda. Per our conversation,
this items needs to be moved to the 3 -37 -12 Agenda. It is item 14.A.1, ID 4623.
We will pull either this one or the one to approve the Sub -Lease Agreement on Wednesday. Let me know if you need
anything else from us.
Thank you,
_`t)eGfu J3vuegcgwttacwt.
C "p(vtatiomi Ceti tchnato f Executive Cls ,)%stant
(leffiet C'ou.r hl. (1h po it ClutfioQtj
239 - 642 -7878 &,t. 34
1
Under Florida Law, e mail addresses rain public; records- If you do not want your e -mail address released in response to a public; records nacuest, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Ver ara"3s 3 22,
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:31 AM
To: OchsLeo
Subject: FW: ES to Evict Three Mayhoods, LLC
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attornetj
Collier Counttj
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239- 252 --8400
Pax: 239 - 2526300
From: BrockMaryJo
Sent: Monday, March 19, 2012 4:49 PM
To: BrueggemanDebra
Cc: CurryChris; WilliamsSteven
Subject: RE: ES to Evict Three Mayhoods, LLC
You're all set.
The other item is under Consent (ID 4602), do you want that on Regular too?
Thanks, MJ
From: BrueggemanDebra
Sent: Monday, March 19, 2012 4:47 PM
To: BrockMaryJo
Cc: CurryChris; WilliamsSteven
Subject: ES to Evict Three Mayhoods, LLC
Mary Jo,
I have uploaded the Executive Summary to Evict Three Mayhoods, LLC onto the 4 -10 -12 Agenda. Per our conversation,
this items needs to be moved to the 3 -37 -12 Agenda. It is item 14.A.1, ID 4623.
1
We will pull either this one or the one to approve the Sub-Lease Agreement on Wednesday. Let me know if you need
anything else from us.
Thank you,
Del bie 13,uteqqiwtctn
VpewVvtr,3 eoaut1fwt"1&xecut4v aj,. I)twd
("Of &)t ("Ountij Cl V0 MAOtdy
239-642-7878 Ext. 34
Under Florida Law, e -mail addresses are public records If YOU do not want your e-rn a i I address released in response Ise to a public records request do not send
electronic wail to this entity Instead, contact this office by telephone or in writing
Martha S. Ver ara #_35(173 23
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:31 AM
To: OchsLeo
Subject: FW: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement
Attachments: RLS- Mayhood Agreement 3 -27 -12 Agenda.docx; 03 -27 -12 ES Mayhood Sub -Lease
Agreement.docx; Mayhood Sub -Lease Agreement (March 2012).pdf
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant Counttj Attorneii
Collier County
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252 -8400
Fax: 239252 -6300
From: BrueggemanDebra
Sent: Thursday, March 15, 2012 10:14 AM
To: WilliamsSteven
Cc: AlthouseTammy
Subject: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement
Steve,
Chris would like to get this on the 3 -27 -12 BCC Agenda. Our deadline to upload items onto SIRE for that meeting is the
end of today. Sorry about the short turn - around on this!!I!
Thank you!!!
_`1)ebbiie. X tuec9erncca
elpewtia -as (,004diuu4te�c1&uc:utive (16,, 3tant
('.v -UU'4 ('aunty CliKpm Cluthimitc7.
239-642.7S78 Ext. 34
Under Florida Law, e mail addresses are public records. If you do not want your a 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,
ITEM NO.:
FILE NO.:
ROUTED TO:
DATE RECEIVED:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: 3 -15 -12 To: Office of the County Attorney, Attn:
From: Debbie Brueggeman
Coordinator
(Name)
Admin
(Division)
Telephone # (Very Important): 239 - 642 -7878 Ext. 34
Ops
(Title)
Airport Authority
(Department)
Re: Executive Summary for 3 -27 -12 BCC Agenda - Mayhood Lease
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and articulate.)
Chris would like to get this on the March 27 BCC Agenda. We should receive a copy of the agreement signed by the sub-
lessee within the next few days that we can swap out with the attached as soon as we receive it, but our deadline for the 3-
27 Agenda is today. Sorry about the short turn around.
(Are there documents or other information needed to review this matter? If yes, attach and reference this information.)
This item has/has not been previously submitted.
(If previously submitted provide County Attorney's Office File No.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
1. Please review Executive Summary and provide Legal Considerations
2. Please initial Sub -Lease Agreement for SIRE
OTHER COMMENTS:
cc: Chris Curry
(All requests must be copied to your appropriate Division Head or Constitutional Officer.)
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting in its capacity as the
Collier County Airport Authority, approve the attached Sub -Lease Agreement with Three
Mayhoods LLC.
OBJECTIVE: To obtain approval of a Sub -Lease Agreement with Three Mayhoods LCC
( "Sub- Lessee ") for two (2) acres of land located at the Immokalee Regional Airport.
CONSIDERATIONS: The Authority is responsible for operation and maintenance of the
Immokalee Regional Airport (Airport), which it Sub - Leases from Collier County pursuant to a
master Sub -Lease Agreement dated May 24, 1994.
The Sub - Lessee has requested to utilize two (2) acres of land located at the Immokalee Regional
Airport, which equates to 87,120 square feet of leased area ( "Premises "), to maintain a hangar
for anything associated with aircraft maintenance, storage, and operation of aircraft for personal
use or aircraft leased by the Sub- Lessee. The Authority has found this use to be in the public's
interest.
The agreement shall terminate on March 31, 2022. The Sub - Lessee shall pay the Authority $0.10
(ten cents) per square foot per year, plus applicable sales tax, for this parcel of land, as the Federal
Aviation Administration has determined the leased Premises to be aeronautical in nature. The rent for
this parcel shall be $8,712 per year, plus applicable sales tax ($726 per month, plus applicable sales tax).
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The
rents to be received are already accounted for in the Airport Authority's currently approved
budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS:
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the
Collier County Airport Authority, approves the attached Sub -Lease Agreement between the
Collier County Airport Authority and Three Mayhoods LLC.
PREPARED BY: Chris Curry, Airport Authority Executive Director
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub- Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub- Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anything associated with aircraft maintenance, storage, and
operation of aircraft for personal use or aircraft leased by the Sub - Lessee, which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub- Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub -Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
2
Revised: March 13, 2012, CAO Sub-Lease Agreement Three Mayhoods, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub- Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub- Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub -Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub- Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub -Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub- Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub -Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: March 13, 2012, CAO Sub - Lease Agreement Three Mayhoods, LLC
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 1st day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations, The Sub - 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
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub -Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub -Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub- Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
8
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub -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 Sub - Lessee shall use the Sub -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
9
Revised: March 13, 2012. CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34, Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
Witness (signature)
(print name)
Witness (signature)
Leroy W. Mayhood
10
Revised: March 13, 2012. CAO Sub -Lease Agreement Three Mayhoods, LLC
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By:
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T, Williams
Assistant County Attorney
11
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:32 AM
To: OchsLeo
Subject: FW: ES to Evict Three Mayhoods, LLC
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant Counttj Attorneti
Collier Counttj
3299 Fast Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239-252-8400
Fax: 239-252-6300
From: CurryChris
Sent: Monday, March 19, 2012 4:57 PM
To: BrockMary)o; BrueggemanDebra
Cc: WilliamsSteven
Subject: RE: ES to Evict Three Mayhoods, LLC
MaryJo,
Please place the other on the regular agenda also. Thanks
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: BrockMaryJo <MaryJoBrock(a)-collieryov.net>
To: BrueggemanDebra <DebraBrueggemanea colliergov.net>
Cc: CurryChris <ChrisCurry@colliergov.net >, WilliamsSteven <StevenWilliams(a colliergov.net>
Sent: Mon, Mar 19, 2012 20:49:01 GMT +00:00
Subject: RE: ES to Evict Three Mayhoods, LLC
You're all set.
The other item is under Consent (ID 4602), do you want that on Regular too?
Thanks, MJ
From: BrueggemanDebra
Sent: Monday, March 19, 2012 4:47 PM
To: BrockMaryJo
Cc: CurryChris; WilliamsSteven
Subject: ES to Evict Three Mayhoods, LLC
Mary Jo,
I have uploaded the Executive Summary to Evict Three Mayhoods, LLC onto the 4 -10 -12 Agenda. Per our conversation,
this items needs to be moved to the 3 -37 -12 Agenda. It is item 14.A.1, ID 4623.
We will pull either this one or the one to approve the Sub -Lease Agreement on Wednesday. Let me know if you need
anything else from us.
Thank you,
Debbie ,13wuggeman
Vpercatiotw Coo ct4iata�c f %a.ecutive (Zoabtant
evu,,c,% eountc7. avq)a%t LZutfiowty:
239 -642 -7878 £lt. 34
Under Florida Law, e -mail addresses are public records It you do not want your e -mail address released in response to a public records request do not send
electronic rnail to this entity Instead, contact this office by telephone or in writing
2
Martha S. Vergara W_ 35g73 ZS
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:31 AM
To: OchsLeo
Subject: FW: Mayhood Eviction ES
Attachments: 3 -27 -12 ES Mayhood Eviction.docx; DC Air Lease & Amendments.pdf; 3 -5 -12 Lease
Agreement Request.pdf
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant Countij Attornetj
Collier Countij
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252 -8400
Fax: 239 -- 2526300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 3 :22 PM
To: WilliamsSteven
Subject: Mayhood Eviction ES
Steve,
Attached for your review, comment, etc. is the Draft Executive Summary to evict Three Mayhoods LLC from IMM.
Should we place both items, this and the Sub -Lease Agreement, at this time, and pull one later?
LOeGfu .13w,"j9te -nuur.
Upenatit+tm t oo,,dit atox/F.a wtiue a.),5 6tcutt
eottieu C'.tttuatay, Clutpa'd Clutheyitq
239- 642 -7578 tat. 34
hider Florida Latin, e -mail addresses are public records It you do not want your e mail address released irr respurrse to a public records request, do not send
electronic mail to this entity. Iristead. contact this office by telephone or irr w O,)g.
1
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to take all necessary action, including filing a
lawsuit, to evict Three Mayhoods LLC from its present location at the Immokalee Regional
Airport, and to pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority.
OBJECTIVE: To evict Three Mayhoods LLC from the Immokalee Airport and collect any holdover
rent, damages, and costs that may be due and owing to the Airport Authority.
CONSIDERATIONS: On March 10, 1981, Luft, Inc. and Collier County entered into a twenty (20)
year Lease Agreement ( "Agreement ") for the use of 5.079 acres of land at the Immokalee Regional
Airport. Collier County subsequently formed a dependent Airport Authority ( "Authority"), and assigned
its rights in the Lease to the Authority with rights to modify and accept assignments.
On July 10, 1996 D.C. Air, Inc. purchased from Luft, Inc. its interest in the Agreement. The Agreement
was assigned to D.C. Air, Inc. ( "Lessee ") and modified to extend the time period of the Agreement for an
additional ten (10) year period, and remove the right of the Lessee to offer for sale to the public aircraft
fuel. On March 1, 1998, the Agreement was amended to reduce the leased area from 5.079 acres to two
(2) acres. The Agreement, as amended, expired on March 10,'2011.
The Executive Director of the Collier County Airport Authority, Mr. Chris Curry, has extended the
Agreement for the past year while negotiating a Sub - Lease Agreement with Three Mayhoods LLC. By
certified letter dated March 2,'2012 from Mr. Curry to Mr. Leroy Mayhood, Mr. Mayhood was informed
the Mr. Curry would request that the Board not allow Three Mayhoods LLC to operate on the Immokalee
Airport past March 30, 2012 if the Airport Authority did not received a signed copy of its Sub -Lease
Agreement by March 14, 2012. Mr. Curry's letter is attached as backup to this agenda item.
Efforts to negotiate a new Sub -Lease Agreement have been unsuccessful.
LEGAL CONSIDERATIONS: If Three Mayhoods LLC does not voluntarily vacate the property, an
eviction is necessary to lawfully remove Three Mayhoods LLC from the property. (STW)
FISCAL IMPACT: The filing fee for an eviction action in County Court is approximately $185.
Service of the process of the complaint will cost no more than $70. The County Attorney and Collier
County Airport Authority, staff time and resources would also be necessary to pursue the eviction action.
If Collier County pursues a lawsuit and prevails it may receive a judgment ordering holdover rent,
damages, and costs due and owing to Collier County.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorize the County Attorney to take all necessary action,
including filing a lawsuit, to evict Three Mayhoods LLC from its present location at the Immokalee
Regional Airport, and to pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority.
PREPARED BY: Chris Curry, Executive Director, Airport Authority
Steven T. Williams, Assistant County Attorney
AMENDMENT
AIRPORT LEASE — D.C. AIR, INC.
WHEREAS, on March 10, 1981, Collier County, Florida, a political subdivision and
Luft, Inc., a Florida Corporation entered into an airport lease (hereinafter referred to as
"BASIC AGREEMENT ");
WHEREAS, Collier County has subsequently formed a dependent airport authority
(hereinafter referred to as "AUTHORITY ") and assigned its rights in the lease to the
Collier County Airport Authority with rights to modify and accept assignments;
WHEREAS, D.C. Air, Inc, a Florida corporation (hereinafter referred to as
"SUBTENANT ") purchased from Luft, Inc. its interest in the BASIC AGREEMENT and
all improvements thereto on July 10, 1996;
WHEREAS, the AUTHORITY and SUBTENANT agree to reduce the land area leased;
WHEREAS, Section 3 of the BASIC AGREEMENT requires the rental rate to be re-
negotiated every five (5) years over the life of the BASIC AGREEMENT;
WHEREAS, AUTHORITY and SUBTENANT deem it advantageous to amend the
BASIC AGREEMENT;
NOW, THEREFORE, in consideration of the premises and mutual covenants and
promises hereinafter contained, the parties hereby agree as follows:
SECTION 1: Leased Premises
The leased area shall be reduced from 5.079 acres to two (2) acres of land as
described on Exhibit "A" which equates to 87,120 square feet of leased area.
SECTION 2: Rents and Fees
A. SUBTENANT shall pay to the Authority for the five (5) year period
beginning March 1, 1998 the following rents and fees plus all applicable taxes:
1. Annual Commercial Operating Privilege Fee of $100.00.
2. A Minimum Annual Sublease Rental Fee of $5,227.20 based on $.06 per
square foot for 87,120 square feet of leased land.
B. Beginning March 1, 1999, the Minimum Annual Sublease Rental Fee shall be
annually adjusted in accordance with the twelve (12) month percent change in the U.S.
Department of Labor, Bureau of Labor Statistics report issued in December in the
category reflecting the South Urban Size C Consumer Price Index Urban Wage Earners
(CPI -U) 1982 -84 base. When revisions to the structure of the reported CPI -U occur as
reported by the U.S. Department of Labor, Bureau of Labor Statistics including, but not
limited to a new base year, the Authority may at its sole discretion apply the revised
structure. Each annual adjustment must reflect either the then current rental rate or the
above referenced CPI -U percent change, whichever is greater. Said annual adjustment
shall be calculated and become effective March 1, 1999, 2000, 2001 and 2002 at which
time a new rental rate shall be negotiated consistent with the BASIC AGREEMENT.
C. The payments from SUBTENANT to AUTHORITY on all sums of money
identified in paragraph A, above, shall be made as follows:
1. Annual Commercial Operating Privilege Fee, on or before March 1 of each
year.
2. Annual Sublease Rental Fee, paid either annually on or before March 1 of
each year or in twelve (12) equal monthly installments without demand on or
before the first day of each month, as annually adjusted per paragraph B
above.
SECTION 3: Effective Date
This AMENDMENT shall become effective March 1, 1998.
IN WITNESS THEREOF, the parties hereto have signed this AMENDMENT this
_Cft�- day of RAAj, al6y' 1998.
ATTEST: COLLIER COUNTY AIRPORT AUTHORITY
ti
ohn H. Drury, Monte Lazarus
Executive Director Chairman
(Affix Corporate Seal)
ATTEST:
D.C. AIR, INC.
LIN
Secretary of the Corporation Print Name:
OR Signed, sealed and delivered Title:
in the presence of:
Witness for President
Witness for President
Approved as to form and legal sufficiency:
Tom Palmer
Attorney for the Authority
Exhibit; A
A parcel of land lying in Section 34, Township 46 South, Range 29 East, Collier County,
Florida, described as follows:
Commence at the south quarter corner of said Section 34; Thence along the south line of said
Section 34, S87 °35'05 "E, 506.47 feet to the Point of Beginning; Thence leaving said south line,
NO2°40'34 "E, 330.00 feet; Thence S87 035'05 "E, 260.62 feet; Thence SO1 °30'00 "W, 330.03 feet
to the aforementioned south line of Section 34; Thence along said south line, N87 °35'05 "W,
267.40 feet to the Point of Beginning. Containing 2.00 Acres, more or less.
ASSIGNMENT AND-MODIFICATION OF LEASE
Statement of Facts:
I. On March 10, 1981 Collier County, Florida, a political
subdivision and Luft, Inc., a Florida corporation entered into an
airport lease agreement recorded at Official Record Book 60, Page 73
through 85.
II. Collier County has subsequently formed a dependent airport
authority and assigned its 'rights in the lease to the "Collier
County Airport Authority" with rights to modify and accept
assignments.
III. Luft Inc. has sold its interest to the lease and all
improvements to D. C. Air, Inc. and wishes to have the Collier
County Airport Authority agree to an assignment of the lease to D.
C. Air, Inc.
IV. D. C. Air, Inc. has purchased from Luft, Inc. its interest
in the lease and all improvements thereto and wishes to have the
assignment accepted by the Collier County Airport Authority and
further wishes to have the time period of the lease extended for an
additional ten year period.
V. The Collier County Airport Authority desires to modify the
lease agreement to remove the right of the lessee to sell fuel or
lease tie down or hangar space in competition with the Collier
County Airport Authority.
It is therefore agreed that the lease will be assigned to D. C. Air,
Inc. and modified to extend the time period of the lease for an
additional ten year period and to remove the right of the lessee to
offer for sale to the public aircraft fuel. The lease is further
modified to prohibit the sublease of tie down or hangar space to the
public where similar tie down or hangar space is available from the
Collier County Airport Authority.
The undersigned agree to this assignment and modification and
further agree that the factual statements above as it pertains to
them or actions by them is correct and may be relied upon by the
other parties.
Agreed to this 10th Day of July, 1996.
Luft, CLi nc.
by by:
R na d E is, Vice esident W. Mayho d Presiden
Collier County Airport Authority
by:
Ernest Spintflli, Chairman
CJ
March 10, 1981
#%IRPORT LEASH
THIS LEASE, axocutod in duplicate at* East Naples, Collier county,
Florida, this Ape day of % 17oh by and,botween COLLIER COUNTY, a
political subdivision of the State of Florida, acting by and through
its BOARD OF COUNTY COMMISSIONERS, and Luft, Inc., a Florida corpora-
Lion respectively "LESSOR" and "LESSEE ", without regard to number or
gender;
PREMISES
1. WITNESSETHs That Lessor hereby leases to Lessee and Lessee
hires from Lessor for the purpose of conducting thereon an aircraft
fixed based operation and for no other purpose, those certain premises
with the appurtenances situated in Collier County, Immokalee community,
Florida, and more particularly described as followss
A parcel of land lying in Section 34, Township 46 South, Range
29 East being more particularly described as follows: Frown
the South quarter corner of Section 34, Township 46 South,
Range 29 East, run S87035105 "E 100 feet to a point on the
Township line between Township 46 South and Township 47 South
for a Point of Beginning; thence, N02040134 "E 330 feet;
thence S87035105 "E 667.09 feet; thence S01030100 "W 330.03
feet; thence N89035'05 "W 673.87 feet to the Point of Beginnin-
ing. The above - described area encompasses 5.079 acres together
with a 100 foot wide access right -of -way to the East extending
from the East boundary of the above- described property to the
paved Westerly taxi -way of Immokalee Airport and a 30 foot wide
access right- of -wa- r extending from the Westerly boundary of the
above- described property to the existing pavement of Airways
Road. Both located as shown on attached survey drawing.
together with right of access to and use of all runways of other air- -
port facilities at said airport. Lessor agrees that Lessee shall have
the option to lease up to an additional five (5) acres in two 21S acre
parcels r*ontiguous to the North side of above- described tract; said
option expiring at the end of five (5) years from the date of execu-
tion hereof provided that at the time of exercising said option(s),
the Lessee is in full compliance with the terms and conditions of this
lease.
TERN OF LEASE AGREEMENT AND RENTALS
2. The term of this lease shall be for 20 years consisting of
tour 5 year periods commencing on the day this instrument bears date~
At the end of said 20 year term, Lessee shall have, and is
hereby granted, an 'option Ito renew this lease for an additional period
of fivo (5) years. This option may be exorcised, and only may be exor-
"On AN 73
ma-
00m 74 March 10, 19dr
oisod, by notice in writing, givan`by Losseo and received by Lessor at
least sixty (60) days prior to the expiration of the leasehold estate
h -Araby aroatod, by personal delivery to Lessor, pr by registered wail
with return receipt requested.
Rentals shall be a graduated rate for the first 5 year per-
led of:
$4000 - lot year
$2,520 - 2nd year
$2,942 - 3rd year
$3,363 - 4th year
$3,531 - 5th year
or 5% of the gross receipts derived from any business or co ercial
activity conducted on the lease property, whichever is greater;.payable
annually in advance from the date of this instrument.
3. The rental rate is to be renegotiated for each subsequent
five (5) year period at least sixty (60) days prior to the and of each
five (5) year period. The rate shall be reasonable and based upon
such factors as inflation and current market rentals for like proper-
ties.
y
4. Lessee shall at his expense submit with the.annual rental, a
financial statement prepared in accordance with generally accepted
accounting principals, and an annual opinion audit certified by a
Florida licensed CPA.
CONSTRUCTION
S. jessee agrees to statt substantial construction of a fixed
base operators facility within one hundred twenty (120) days from the
date of execution of this lease, in default of which this lease shall
terminate and become null and void, anything herein to the contrary
oelwi Ch+t�aadl�. �BaLrst�ert2s2 oao�teuat�lae. * sr nested brs+�is �Ssrll
tAr sq .41wi pj a AM&Onr r# w"m im
s0mtbrr la ?rsagamr, k2e- •dower s++ q 9~21aw aw.IAs ?a allkl"., plUae'sr
lounge, or any other facilities normally associated with a fixe8 bass
operation, or any combination of such 9e0111t1ea. In addition to
hangar and matntenance buildings, Lessee agrees to construct drainage
facilities, paving, security fencing, aocass roads and other Improve-
, aunts as requlrod by Lessor. All proposed improvements construoted
on leased site shall first be submitted to the Lessor and Lessor shall
March 10, 1961
have ton (10) days in which to approvo or disapprove, and no construc-
tion shall begin prior to Lessor's approval.
6: Lessee grants to Lessor the option at the termination of this
lease to purchase all or any pormanont building structures constructed.
purohade price for those building structures Lessor elects to purchase
shall be and is hereby established to be the actual costs of con-
struction as•detenAined by paid invoices $Wxiitted by Lessee and
approved
by Lessor. Should the Lessor not exercise said option within
ninety (90) days prior to expiration of this lease, Lessee shall re-
move prior to expiration of this lease or any extension any aircraft
hangar, appurtenances, including personal property, which the Lessee
has.erected, constructed or placed upor the leased premises. Should
the Lessee not remove said building structures prior to the expira-
tion of the term herein granted, hangars or appurtenant buildings so
constructed by the Lessee shall revert to and become the property of
the Lessor without any cost or expense to Lessor.
7. In the event Lessee fails to pay the rentals, fees or
Charges as required to be paid under the provisions of this lease
agreement within thirty (30) days after the same shall become due, in-
terest at one percent (1S) per month shall accrue against the delin-
quent payment(s) until the same are paid. Implementation of this pro-
vision shall not preclude the Lessor from terminating this lease agree -
Mont for default in the payment of rentals, fees or charges, or from
enfording any other provisions containqd herein.
S. 4. The Lessee agrees that no trailers or temporary structures
of any nature shall be allowed on leased premises at any time except
during the period of construction unless located within principal
structure.
ALTERATIONS OF PREMISES AND ERECTION OF SIGNS
P. After construction of the facilities upon the premises as
authorized hereinebove, the Lessee shall not make any alterations to
same in excess of $3,000 without prior written approval of the Lessor.
If written consent of the Lessor to any proposed alterations by the °
Lessee shall have been obtained. the Lessee agrees to advise the Les-
sor in writing ot.the'dat4 upon which such altorations will ocamenos '
in order to permit tho Lessor to poot notice of non- rosponsibilitty,
eooK nak ear
ppp� 060M 7 March 10, 1961
Tho Losses shall koop tho domisod premises froo from any and all lions
arising out of any work porformod, matorials furnished, or obligations
inourrod by Losses.
10. The Lessee shall not stoat, maintain or display any ideati-
fying signs or any advertising matter without prior written approval of
the Lessor.
INSPECTIONS AND�NAINTENANCE BY "M LESSOR
11. The Lessor's employees, duly authorized agents, and repro-
sentatives shall have the right to enter into and upon the leased prem-
ises for the purposes of inspection for compliance to the provisions
of this lease agreement.
12. The Lessor shall have no maintenance responsibility, inter-
ior or.exterior for the leased premises or facilities thereon. ":
ASSIGNMENT AND SUBLETTING
13. Lessee covenants and agrees not-to assign this lease or to
sublet the whole or any part of the demised premises, or to permit
any other persons to occupy same without the written consent of the
Lessor first had, references elsewhere herein to assignees notwith-
standing. Any such assignment or subletting, even with the consent of
the Lessor, shall not relieve Lessee from liability for payment of rent
or other sums herein provided or from the obligation to keep and be
bound by the terms, conditions and covenants of this lease. The
acceptance of rent from any other person shall not be deemed to be a
waiver of any of the provisions of this lease or to be a consent to
the assignment of this lease br subletting of the demised premises.
An assignment for the benefit of creditors or by operation
of law shall not be effective to transfer any rights to assignee
without the written consent of the Lessor first having been obtained.
In the event the Lessee or business activity under this
loose-is a corporation, any sale, transfer, gift or other method of
disposal of over ten percent (10%) of the stock to the some recipient,
either in a single transaction or in cumulative transactions, shall be
deemed an assignment of this lease. In tho event the Lessee is a part»
norsbip, any transfer of any partnor's intorest shall be deemed an
assignment of this, lease. i
I , J" AND INAVRA_N_CR
1�. "m Lsssoo hereby agroos to indemnify tho Lessor against and
J t•
March 10, 1881
to bold the Lessor harmless from any and all claims or demands for loss
of damage to property or for injury or death of any person from a117
oausa whatsoevor while in, upon, or about said domised promises during
the term of this leas! or any extension hereof. The Lessee agrees to
n
take out and maintain with a reputable insurance company, at its sole
cost and expense, public liability insurance against property damage
or personal injury growing out of the use of or occurring on or about
the premises, with liability limits of $500,000 property damage and
8300,000 person injury. The Lessor shall be named as co- insured on'all
such policies, and shall be entitled to a certificate of the insurer
showing said coverage to be in effect.
15. The insurance coverage required shall include those classi-
fications as listed in Standard Liability Insurance Mammals, which most
nearly reflect the operations of the Lessee under this lease agreement.
16. All insurance policies required above shall be issued in com-
panies authorised to do business under the laws of the State of Florida,
with the following qualifications as to management and financial strength.
The Company must be rated no less than "A"
as to general policy holders rating, and
no less than "AAA" as to financial rating
In accordance with the latest ed.'.tion of
Best's Xey Rating Guide, published by A. M.
Sent Company, Inc. .
17. The Lessee shall furnish Certificates of Insurance to the Les-
sor prior to occupancy of the leaned premises, which Certificates shall ,
clearly indicate that the Lessee has obtained insurance in the type,
amount and classifications as required for strict compliance with this
lease. The Lessee agrees to make no material change or cancellation of
the insurance without thirty (30) days prior written notice to the Les-
sor. The Lessee shall insure that the insurance coverage shall require
notification of cancellation to Lessor. The Lessor reserves the right
to reasonably amend the insurance requirements by issuance of notice in
writing to Lessee.
it. Complignoe with the foregoing requirements shall not relieve
the Lasses of its liability under any other portion of this lease agree ;
z
Sent,
WUY 17
79 - March 10, 1981
IMINR'1N111�CE by L688ECB
19. "M Lessee shall at its solo oast and expanse keep the prem-
ises alean at all times. if the promises*are,t kept clean in the
opinion of the Lessor, Lessees XrApgsr will be so advised. It corn
reative action is not taken within three (3) days, the Lessor will
cause the same to be cleaned and the Lessee shall assume and pay the
oleaning'costs, such cost of cleaning shall be and constitute a part of
the rent.
20. she Lessee shall repair all damage to the premises and the
improvements thereon caused by the Lessee, its employees, agents, inde-
pendent contractors, or patrons.
21. The Lessee shall at its cost remove from the premises all
trash and refuse of any nature whatsoever which might accumulatd and
arise from the operations of the business. such trash and refusb,•shall
be stored in closed containers approved.by the Lessor.
22. no excavation of any of the land shall be made. no soil or
saxth shall be removed from the premises, and no well of any nature
shall . be dug, constructed or drilled on the premises without proper
County permits.
23. The Lessee shall operate and maintain at its sole cost and
expense all the components of water, industrial and sanitary sewage in-
cluding sanitary and industrial sewage outfall lines and storm water
drainage facilities within the boundaries of the leased premises.
24. she Lessee shall maintain and repair the building interior
and exterior, shall make all repairs as required in and about the leased
premises, including but not limited to roof, exterior walls, painting,
doors, hangar doors, windows, fixtures, appurtenances, replacement of.
light bulbs and tubes, and the replacement of all broken glass, which re.-
. �.�
pairs shall be in quality and class equal to the original work to pre-
serve the same in good order and condition.* repair at or before the end
of the term all injury done by the installation or removal of furniture ._
and personal property so as eo restore the facilities upon the leased
premises to their originally constructed state, and at the end of the
term, gait and surrender the same in as good order and condition as it
was upon complotich gf construation, reasonable wear and tear exoso ,�.
25. UPC"% failure of the Lessee to wsintain- tho promisq s, .ae
aided in this Artic3s, the Lessor .Mlty:.aftOV fittS" 1315) days wrA",
r
u
March 10, 1901
notice antor upon the laasod promises and perform all repairs which foray
bo necessary in and about the laasod promises and -.dd tho amount of the
cost of such repairs to the rent due hereunder on the first day of the
Vonth following t date of repairs, and such cost of repairs shall be
and constitute a part of the rent, payable together with the next rent
26. The Lessee covenants in connection with any maintenance or re-
pair work or the erectioii-or construction of any authorized modifications
or additions to the facilities consttucted on the leased premises, to ob-
serve and comply with all present and future laws, ordinances, rules,
regulations, and requirements of the State of Florida, the United States
of America, Collier County, and any and all governmental agencies,
bureaus, boards or officials.
UTILITIES
27. The Lessee shall pay for all utilities used by it including a
non- discriminatory fee for industrial waste facilities when and if con-
structed. The Lessor shall have no obligation to provide utilities to
the premises.
DEFAULTS BY LESSEE
28. Failure of the Lessee to promptly make all payments of ren-
tals, charges and fees to be paid herein shall constitute a default,
and the Lessor may at its option terminate this agreement after ten (10)
dayp *gotice in writing, unless the default be cured within the notice
period.
29.. Failure of the Lessee to comply with any other covenant of ,
this agreement shall constitute a default, and the Lessor may at its op-
tion terminate this agreement after fifteen (15) days notice in writing,
unless the default be cured within the notice period. '
30. The Lessor may at its option terminate this agreement after
receipt by Lessee of thirty (30) days notice in writing, if a lien is
filed against the leasehold interest of the Lessee and not removed Within
thirty (30) days, pursuant to the Florida Mechanics Lien Law.
31. she happening of any of the following events shall constitute
a default by the.Lessee and •this agreement shall autaftatLeally termivate_t
JIM& fact9p, abandonment of premises or d'isoontinuation of operatIb"$- A-
A;
0f nsoivenoy, reorganization, plan of arrangement or banktuptat '
pst tionst adjudication as bankru� f onorai aosigfgNOnt for '
-7m �++��
r
ibrch 10, 1961
the benefit of crc#itors.
ROOK ON NEE to n$WNA ?ION By tMS$RX� OR LESSOR
32. This agreement shall be subject to cancellation by Lessee or
• Lessor in the event of any one or more of the following evegtsI
a) Who perament abandonment of the Airport.
b) she lawful assumption by the United States *gov0==Mnt or
any authorised agency thereof, of the operation, control
or use of the Airport, or any substantial part of parts
thereof in such a manner as to substantially restrict
' the lessee from operating therefrosk for a period in ex-
04109 o;., ninety (90) days.
c) she issuance by any court of competent jurisdiction of
any injunction in any way substantially preventing or
restraining the use of the Airport, and the remaining
in force of such injunction for a period in excess of
ninety (90) days.
33. Thies agreement shall be subject to cancellation by the Lessee
in the following event:
The default by the Lessor in the performance of any coenant
or agreement, herein required to be performed by the Lessor and the
failure of the Lessor to remedy such default for a period of sixty (60)
days after receipt of written notice by the Lessee to remedy the same.
FAIR, REASONABLE AND NON - DISCRIMINATORY
PRICES AND SERVICES
34. The Lessee shall:
a) Furnish good, prompt and efficient service adequate to
meet all reasonable demands for ,$ts service at the
airport.
b) Furnish said service on a fair, equal and non- discrim-
inatory basis to all users thereof, provided that Loo-
see any be allowed to make reasongble and non- disarim-
inatory discounts or other similar type of price reduo-
tion to volume purchasers.
35. she Lessee shall discharge all sanitary wastes into a sari•
tart' sewer system only. All industrial wastes shall also be discharged
into the sanitary sewer system, however, only after the following Steps
have been taken: _
a) Pretreatment to insure separation and removal of all
h�
solids and insoluable oily.type materials to 11m1t8.:re-
gpitred by Lessor. Pretreatment to insure separation and!.;;'
gonna& o! solids. Wd . inwluablo hy+Arooarbon Of oily
3w,
type matarials, neuttaxisN'tMm and treatment in a aUMV
1
March 10, 1991
satisfactory to the Lessor and in compliance with present
or future requirements of applicable ordinances of those
agencies having jurisdictiob over, or responsibility for
sanitary waste treatment or prevention of pollution of
waterways, canals, streams, eta., contributing thereto.
The Lessee's introduction of objectional waste into any compon-
ent of the Lessor's sanitary or storm drainage systems shall be deemed a
default and•a cause for immediate cancellation of this agreement, any
other provisions of this agreement to the contrary notwithstanding.
LBASE SUBJECT TO RIGHTS OF U.S. GOVERNMENT
36. In the event the Government shall. take over the exclusive use
of the premises or the Airport, and such use shall no restrict Lessee
and its operations as to make continued use of said Airport by Lessee ik-
practical, then:
a) This lease and rights and obligations hereunder shall
either (1) automatically terminate, except as herein-
after provided or (2) if the Lessee so elects be sus-
pended during the period of such Governmental use of the
premises or Airport. In such case, the Lessee shall not
be required to pay any rental during the time of such•
suspension and the term of this lease shall automatically
be extended for the same period without any increase or
decrease in the total rent.
b) Any monies paid by the Government for the upkeep of, re-
pairs to and maintenance and replacement of said Airport,
shall be used by the Lessor for such purposes.
;4-a
W Any monies paid by the Government to the Lessor as fair_
rental for the use of the leased premises'shall thereupon
be retained by the Lessor, provided, however, that if the
Lessee shall elect to suspend this lease for the period of
"N
the Government's occupancy of the premises, and rentals 4Y
are paid by the Government for use of any personal preps'
or unamartised capital improvements inV"lled thereon by ,.
Lessee, the rentals received by the Lessor for such of
Lessee's ia* facilities shall be for the benefit of +And
POLO, to the too . "4 amortiseopp.
d) to .the, a"at tho . � %_ Pwx take "or the non"eko`.+IMIM
March 10, 1981
We of tho Airport, and ouch use by tho Goveownt ahhall not heatcri43lly
soatxiat cc haxpor tho Loaoao in its operatiana, Emcee Tall Main
In poseoasian of said prahisas and dwll continuo to pay srntala
spoaified heroin to be paid. T
coo W, 82
37. 2M Lessee in ==mining X01 at the rights or privileges herein gtmhbad,
dha11 not on the grounds of race, color or national origin diaCrbadnae cc perdt
discxiwinstion against any person err group or ; ormarhs in mhy nmanner prohibited by
Pat 21 of the roles and regulations of the Secretary of rrmcspcxtatim. 711e Lesear
Is try granted the right to take such action, anything to the contrary herein
t..I Atihstading, as the United States may direct to enforce this
38. The Lessee assures that it will adcrtake an affinsative action program
as required by 14 CW Part 152, Subpart E, to Insure that no person shall an •tfis .
grounds of race, creed, color, national origin, ar sex be excluded fsron participating
in any eaplay9went activities covered in 14 CFR Part 152, Subpart E. "a Iessae
aest:ces that no person shall be euallhded on these graunas from participating in or
receiving the services or benefits of cry prograa or activity covered by this subpart.
The Lessee assumes that it will require that its covered rubes ganizatians pLvvide assur-
ances to the lessee that they similarly will mxlertake affirsative action programs and
that they viii require assurances from the' as required by 14 CUP
Part 152, bvbpert E, to the same effect. em lessor is hereby granted the right to
take such action, anything to the contrary therein notarithstanding, as the Federal Gov
ernmhht may direct to atoree this uscrimirlation cansnenmht.
39. The Lessee shall soh wow up and deliver the leased premises to the lessor
ups► tanninatias of this Lease Ag=esnht together vith any and all structures for
Udch the Lessor has made the election to Pxd have.
40. In the avant the Lessee shall refuse or fail to give up the possession of
tine prw"se at the and of this Leans Agreemhsnt, the Lessee shall be liable lac doable
rental,• as provided for in Section 83.06, r2crida Statutes.
SP9CVz PRDVMCNB
41. lbe Lessee fully wderstands that the police security protectico P d& d
by law a dar ooeont agencies far the above referenced premises, is I W ted to that
peaovided to any Other business situated in Collier Oanahty, and scknorlpdge that aq
apsoial aocurity hs®asd11 doaaod nooawary far additional protection of the ]sursd
phradsoa atoll be the Bola rospanaibility of tins Lasaoo and shall Imobm no arm*
to tins Lessor,
N
am
March 10, 1981
42. v&At tho Lass nmerm unto itsoll, its sueaossorm and asrigns, for the
use and banafit of tho pnblia, a right of flight for the powup of airwaft in tho
aisepaoe dxwo the owfaoe of tho •roal peoportW WxoinofW doscribod bogathor with
the right to com in said airapsos such noise as mw be iliw nt in operation
cf aircraft am bwm or hameftor used, for nsvigabicn of ar flight in the said
airaymm, and for we of said aissp000 for landing an, taming off ffcm cc aperathV
cn. the'edrport.
43. nAt the Lessee eonpreesly agl+aes for itself, its suoosssocs and ,
to restrict the height of structemes, cbjects of natural growth and other obstruction a
as the hereinafter descried real property to wxh a height so as to Caep<ly with Federal
Aviation Aagulatians, Part 77.
44.
"at the Lessee expressly agrees for itself, its successors and assigns,
to prevent any use of the hereinafter des=D3ed real property dnich would interfere
with ar adversely affect the aperatian or maintenance of the airport, ar otherwise
amstituts an airport hazard..
45. tiothwithstandirng anything herein contained that nay be cc appear to the
om teary, it is expressly understood and agreed that the rights gr anbeI under this
Agreement are nnm - w=lusive, and the Iessor herein resemm the right to grant
sW j privileges to another aperabor or other operators on other parts of the
IOI;m TamMm TO Tm LESSM
46. ld*sts not specifically granted the lessee by this lease agreement are
reserved to the Ieesot. .
1 1Qms3 i mew, the parties herew ham Caused this Agreement to be emecubed
by -their appropriate officials as of the date first above %witbmn.
Ja2ms BOARD OF C uffy COWSSIONM
. -Oz* I
UNT, INC., A FLOftOR CMWORWM
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March 2, 2012
COLLIER COUNTYAIRPORTAUTHORITY
y 2005 Mainsail Drive Ste.
o Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
www.coilieraviation.com
Your lease with the Collier County Airport Authority expired on March 10, 2011. We have been
negotiating your lease for almost one year and we must now bring this to a close. We have met
at least five times during the past year working toward negotiating a future lease. At our last
meeting held on December 28, 2012, we both established a goal to have the lease signed with
the Airport Authority by January 12, 2012. On January 10, 2012, you requested an additional
month for your attorney to review the draft lease given to you in December and I approved of
your request. We are now seven weeks past your requested date for an extension and the
Airport Authority is not in receipt of a signed lease.
I hope this serves as a helpful reminder that your signed lease is now due to the Airport
Authority. If we do not receive a signed copy of your lease by March 14, 2012, 1 will ask the
board to not allow you to operate on the Immokalee Airport past March 30, 2012. It is not in
the best interest of the county to allow you to operate at length without an approved lease. If
you have any questions you may contact me by email, chriscurry@colliergov.net or my
telephone, 239 - 642 -7878 x35. I hope to hear from you soon in regard to this matter.
Sincerely,
Chris Curry
Executive Director
C: Steve Williams
Marco Island Executive Airport
InxnokWW Regional Airpoirt
Everglades Anpark
2005 Mainsail Drive Ste. 1
165 Airperk Boulevard
P.O. Box 689
Naples, FL 34114 -8955
krxnokalee. FL 34142
650 E.C. Airpark Road
(239) 3943355
(239) 657 -9003
Everglades City, FL 34139
(239) 642.5427 Fax
(239) 657 -9191 Fax
(239) 695 -2n8
(239) B95 -3556 Fax
Martha S. Vergara 35V73
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:32 AM
To: OchsLeo
Subject: FW: ES to Evict Three Mayhoods, LLC
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County AttorneLJ
Collier CountLJ
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 -252 -8400
FaX:239- 252 -6300
From: BrockMaryJo
Sent: Monday, March 19, 2012 4:58 PM
To: CurryChris; BrueggemanDebra
Cc: WilliamsSteven
Subject: RE: ES to Evict Three Mayhoods, LLC
Done
AR
From: CurryChris
Sent: Monday, March 19, 2012 4:57 PM
To: BrockMaryJo; BrueggemanDebra
Cc: WilliamsSteven
Subject: RE: ES to Evict Three Mayhoods, LLC
MaryJo,
Please place the other on the regular agenda also. Thanks
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: BrockMaryJo <MaryJoBrock(a-),colliergov.net>
To: BrueggemanDebra < DebraBrueg gem an @colIiergov.net>
1
Cc: CurryChris <ChrisCurryacolliergov.net >, WilliamsSteven < StevenWilliams (cDcolliergov.net>
Sent: Mon, Mar 19, 2012 20:49:01 GMT +00:00
Subject: RE: ES to Evict Three Mayhoods, LLC
You're all set.
The other item is under Consent (ID 4602), do you want that on Regular too?
Thanks, MJ
From: BrueggemanDebra
Sent: Monday, March 19, 2012 4:47 PM
To: BrockMaryJo
Cc: CurryChris; WilliamsSteven
Subject: ES to Evict Three Mayhoods, LLC
Mary Jo,
I have uploaded the Executive Summary to Evict Three Mayhoods, LLC onto the 4 -10 -12 Agenda. Per our conversation,
this items needs to be moved to the 3 -37 -12 Agenda. It is item 14.A.1, ID 4623.
We will pull either this one or the one to approve the Sub -Lease Agreement on Wednesday. Let me know if you need
anything else from us.
Thank you,
`t7eP6ie J3ttuee yeman
Cpewt4lins ( w%dirudv tJfia.ecutu,.0 (boi)tant
t' r Pie�c 6uxct�f (linpv.rt (lu,iFtcm&I
239 - 642 -7878 E:x t. 34
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.
2
Martha S. Vergara �:ff —c35g7.32 -7
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:32 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant Countti Attorneij
Collier Counttj
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239252 -8400
Fax: 239- 252. -6300
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: Colettalim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
1
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Hen ning @colliergov.net >; CoyleFred <FredCoyle @colIiergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"andhing havinq to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05(g-)aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
We have prior engagements on Wednesday, March 21st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a)-collier oq_v.net>
To: S Mayhood <suezq- O5(a-),aol.com>
Cc: ColettaJim <JimColetta(a)colliergov.net >; WilliamsSteven <StevenWilliams@colliergov.net >; BrueggemanDebra
<DebraBrueggemana colliergov .net >; VergoThomas <ThomasVerg -o cDcolliergov.net >; FialaDonna
<DonnaFiala a�colliergov.net >; HillerGeorgia < GeorgiaHiller (c- colliergov.net >; HenningTom
<TomHenning cc),colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< Stevenwilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< Stevenwilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
3
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezgO5 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
Under Florida Law, e mail addresses are public records if you do not want your e -mail address fele<asod in response to a public records regriost do riot Send
electronic mail to this entity instead, contact this office by telephone or in writing.
4
Martha S. Verqara
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:32 AM
To: OchsLeo
Subject: FW: ES to Evict Three Mayhoods, LLC
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamidmi Trail, Suite 800
Naples, Florida 34112
Tel: 239252 -8400
Fax: 239 - 252 -6300
From: BrueggemanDebra
Sent: Tuesday, March 20, 2012 11:21 AM
To: WilliamsSteven
Subject: FW: ES to Evict Three Mayhoods, LLC
Steve,
Chris has approved these items.........
Oe6bie '3 uw"eman
239 - 642 -7878 &xt. 34
From: BrockMaryJo
Sent: Tuesday, March 20, 2012 9:24 AM
To: CurryChris; BrueggemanDebra
Subject: RE: ES to Evict Three Mayhoods, LLC
Chris, If you could please go in and approve the items, that would be great.
Debbie, After Chris approves if you could please notify your attorney of record that it's heading their way.
Thanks, MJ
1
From: CurryChris
Sent: Monday, March 19, 2012 4:57 PM
To: BrockMaryJo; BrueggemanDebra
Cc: WilliamsSteven
Subject: RE: ES to Evict Three Mayhoods, LLC
MaryJo,
Please place the other on the regular agenda also. Thanks
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: BrockMaryJo <MaryJoBrock - colliergov.net>
To: BrueggemanDebra <DebraBruegpeman .colliergov.net>
Cc: CurryChris <ChrisCurry@collier. oc� v.net >, WilliamsSteven <StevenWilliams ancolliergov.net>
Sent: Mon, Mar 19, 2012 20:49:01 GMT +00:00
Subject: RE: ES to Evict Three Mayhoods, LLC
You're all set.
The other item is under Consent (ID 4602), do you want that on Regular too?
Thanks, MJ
From: BrueggemanDebra
Sent: Monday, March 19, 2012 4:47 PM
To: BrockMaryJo
Cc: CurryChris; WilliamsSteven
Subject: ES to Evict Three Mayhoods, LLC
Mary Jo,
I have uploaded the Executive Summary to Evict Three Mayhoods, LLC onto the 4 -10 -12 Agenda. Per our conversation,
this items needs to be moved to the 3 -37 -12 Agenda. It is item 14.A.1, ID 4623.
We will pull either this one or the one to approve the Sub -Lease Agreement on Wednesday. Let me know if you need
anything else from us.
Thank you,
Debbie 33cJentan
69pewtivne C'.aeadinatvt1&ccutrue ia.,56 cx,nt
eoteie,t eatuitrl, aivow autlia�tity,
239- 1142 -787S txt. 34
Under Florida L.aw. 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 rnail to this entity- Instead, contact this office by telephone or in writing
2
Martha S. Vergara 35-V 7329
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:32 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
,Steve
Steven T. Williams
Assistant Countg Attorney
Collier County
3299 East Tamiarni Trail, Suite 800
Naples, Florida 34112
Tel: 239 -252 -8400
Fax: 239252 --6300
From: S Mayhood [mai Ito: suezg05 @aol.com]
Sent: Tuesday, March 20, 2012 3:32 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
We have been asking for a lease since January 2011, when we sent a letter requesting to exercise the renewal option of
the current lease. This request went unanswered. We then met in March 2011 and have been negotiating a new lease
ever since. We didn't receive your draft in the mail in time to review it for our original deadline of January 12,
2012. Since we received your letter requesting that we finalize this lease in March, we have been in constant contact with
you via email. As you requested last week, we have been continuing to negotiate the use terminology of our building.
Now that you have threatened eviction, we have no choice but to sign the lease with the use that you have assigned us
without consent. We will have a signed lease to you by the end of the week. See you at the BCC meeting on March 27,
2012
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colIiergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood fmailto:suezg05a- aol.com]
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
2
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a,)collier oq u.net>
To: S Mayhood <suezg05 aaol.com>
Cc: ColettaJim <JimColetta(cDcolliergov.net >; WilliamsSteven < StevenWilliams (a)-colIiergov.net >; BrueggemanDebra
<DebraBrueggeman (d,)colliergov .net >; VergoThomas <ThomasVergo(a)colliergov.net >; FialaDonna
<QonnaFiala(a)colliergov.net >; HillerGeorgia < GeorgiaHillera- colliergov.net >; HenningTom
<TomHenningacolliergov.net >; CoyleFred <Fred Coyle(d-)col I iergov. net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anyth� ing having to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05@aol.coml
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(cDcolliergov.net>
To: S Mayhood <suezg005(a-)aol.com>
Cc: ColettaJim <JimColetta(@colliergov.net >; WilliamsSteven <StevenWilliams cDcolliergov.net >; BrueggemanDebra
<DebraBrueggeman(cDcolliergov .net >; VergoThomas <ThomasVergo(c)colliergov.net >; FialaDonna
<DonnaFialaa- collier oc�v.net >; HillerGeorgia <GeorgiaHiller(d-)collier oq v.net >; HenningTom
<Torn Henninq _colliergov.net >; CoyleFred <FredCoyea- colIiergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
4
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
<StevenWilliams @colliergov .net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood ( mailto: suezg05@ aol .com <mailto:suezgOS @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
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.
E
Martha S. Ver ara 3N73 30
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:32 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant Countij Attorneti
Collier Countij
3299 East Tamiami Trail, Suite 800
Naples, Florida 31112
Tel: 239 - 2528400
Fax: 239 - 252 -6300
From: CurryChris
Sent: Tuesday, March 20, 2012 10:35 AM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas;
OchsLeo; Klatzkowleff
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal
use may exclude those included in your company, please provide the airport with all aircraft tail numbers that you
currently own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to
operate on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henning@colliergov. net>; CoyleFred <FredCoyle @colliergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood fmailto:suezg05(a-aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05(daol.com>
Cc: ColettaJim <JimColetta(ocolliergov.net >; WilliamsSteven < StevenWilliams a -colliergov.net >; BrueggemanDebra
<DebraBrueggeman(o colliergov .net >; VergoThomas < ThomasVergo(ccolliergov.net >; FialaDonna
<DonnaFialaacolliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning(a)colliergov_ net >; CoyleFred <FredCoyle(a)colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee.
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
<StevenWilliams @colliergov.net>;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood ( mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
4
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete
not been given a finalized lease
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
draft which you provided for review, but I have
to sign. Please send a completed lease so we
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.
Older Florid,) Lam e-mail addresses are public; records. If you do not want your e -mail qddwV, released in response to a pitblic; records regraest, do not send
electronic mail to this orttity, lnste,.ad contact this office by teiep7one or in Wr tir)ct_
I
Martha S. Vergara �35cf-733 /
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:33 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attornet)
Collier CounttJ
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239252 -8400
FaX:239- 252 -6300
From: HenningTom
Sent: Tuesday, March 20, 2012 3:44 PM
To: 'suezg05 @aol.com'; CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; CoyleFred; OchsLeo;
KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Please remove my email address from this email chain
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 20, 2012 03:32 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo; Klatzkow]eff
Subject: Re: Immokalee Airport Lease
We have been asking for a lease since January 2011, when we sent a letter requesting to exercise the renewal option of
the current lease. This request went unanswered. We then met in March 2011 and have been negotiating a new lease
ever since. We didn't receive your draft in the mail in time to review it for our original deadline of January 12,
2012. Since we received your letter requesting that we finalize this lease in March, we have been in constant contact with
you via email. As you requested last week, we have been continuing to negotiate the use terminology of our building.
Now that you have threatened eviction, we have no choice but to sign the lease with the use that you have assigned us
without consent. We will have a signed lease to you by the end of the week. See you at the BCC meeting on March 27,
2012
1
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWiIIiams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colIiergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colIiergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(@aol.com1
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal' in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry aC)colliergov.net>
To: S Mayhood <suezg05aaol.com>
Cc: ColettaJim <JimColettaa- colliergov.net >; WilliamsSteven < StevenWilliams a- colliergov.net >; BrueggemanDebra
<DebraBrueggeman(cDcolliergov .net >; VergoThomas <ThomasVergo aC)colliergov.net >; FialaDonna
<DonnaFiala(d- )colliergov.net >; HillerGeorgia < GeorgiaHiller (o)colIiergov.net >; HenningTom
<TomHenning(o-)colliergov.net >; CoyleFred <FredCoye(a)colliergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything havinq to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood fmailto:suezg05(a)aol.com1
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(d.)colliergov.net>
To: S Mayhood <suezg05 aaol.com>
Cc: ColettaJim <JimColetta(o)colliergov.net >; WilliamsSteven < StevenWilliams (cDcolIiergov.net >; BrueggemanDebra
<DebraBrueggeman colliergov.net >; VergoThomas <ThomasVergo(o-colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing(o)colliergov.net >; CoyleFred <FredCoyle .colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
4
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDOnna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezgO5 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
5
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.
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.
6
Martha S. Vergara '� W73j 3Z
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:33 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorney
Collier CountiJ
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 2528400
Fax: 239 -252 -6300
From: CurryChris
Sent: Tuesday, March 20, 2012 3:54 PM
To: S Mayhood
Cc: OchsLeo; Brueggema n Debra; WilliamsSteven
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Our cutoff date to place an item on the next agenda is tomorrow at the close of business. If you provide me a lease after
tomorrow, it will be on the agenda in April and I will remove the eviction from consideration on March 27, 2012. If you
do not provide me with a signed lease by March 27, 2012, the eviction notice will move forward. If you provide a lease
after tomorrow and before March 27, 2012, there will be no items for you on this agenda. I hope that this clarifies my
process with the Board of County Commissioners.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ma i Ito: suezg05 @aol.coml
Sent: Tuesday, March 20, 2012 3:32 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
We have been asking for a lease since January 2011, when we sent a letter requesting to exercise the renewal option of
the current lease. This request went unanswered. We then met in March 2011 and have been negotiating a new lease
ever since. We didn't receive your draft in the mail in time to review it for our original deadline of January 12,
2012. Since we received your letter requesting that we finalize this lease in March, we have been in constant contact with
you via email. As you requested last week, we have been continuing to negotiate the use terminology of our building.
Now that you have threatened eviction, we have no choice but to sign the lease with the use that you have assigned us
without consent. We will have a signed lease to you by the end of the week. See you at the BCC meeting on March 27,
2012
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWiIIiams @colIiergov.net >; BrueggemanDebra
< DebraBrueggeman @colIiergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Torn Hen ning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(d-)aol.comj
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(o-)- colliergov.net>
To: $ Mayhood <suezg05@aol.com>
Cc: ColettaJim <JimColetta(5)colliergov.net >; WilliamsSteven <StevenWilliams(o)colliergov .net >; BrueggemanDebra
<DebraBrueageman(c)colliergov .net >; VergoThomas <ThomasVerao(ocolliergov.net >; FialaDonna
<DonnaFialaaa colliergov.net >; HillerGeorgia <GeorgiaHilleracolliergov.net >; HenningTom
<TomHenning@colliergov.net >; CoyleFred <Fred Coyle(d-)coll iergov. net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance, operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(c)aol.coml
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(o)colliergov.net>
To: S Mayhood <suezg05 ,-aol.com>
Cc: ColettaJim <JimColetta(a-)colliergov.net >; WilliamsSteven <StevenWilliams cDcolliergov.net >; BrueggemanDebra
<DebraBrueggeman(d)colliergov .net >; VergoThomas <ThomasVergo(a)colliergov.net >; FialaDonna
<DonnaFiala(d)colliergov.net >; HillerGeorgia < GeorgiaHiller (a)colliergov.net >; HenningTom
<TomMenning Dcolliergov.net >; CoyleFred <FredCoyle(c�colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. we are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
4
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov.net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
5
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
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.
6
Martha S. Ver ara -�� 7'73
From: WilliamsSteven
Sent: Tuesday, March 27, 2p12 9:33 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorneg
Collier Counttj
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239-2D2-8400
Fax: 239-- 252 -6300
From: CurryChris
Sent: Friday, March 23, 2012 4:15 PM
To: S Mayhood
Cc: Brueggema n Debra; VergoThomas; WilliamsSteven; OchsLeo
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Please mail a copy of the original lease to the following address: Chris Curry, 2005 Mainsail Drive, Suite #1 Naples, FL
34114 or you can deliver the original copy to Thomas Vergo, Airport Manager at the Immokalee Regional Airport. You
mentioned that I did not negotiate items that were important to you. I would beg to differ because one of the items
negotiated was to continue with a new lease of any duration. A new lease of 10 years was solely at the discretion of the
Airport Authority. Your lease agreement will be placed on the Board agenda for April 10, 2012. In additon, if you wish to
voice your concerns the Airport Advisory Board meeting will be held on April 2, 2012 at Marco Island Airport. They
approved the draft of your lease in January 2012 based on your promise to return a signed lease at that time. We look
forward to having you as a valued airport tenant.
Sincerely
Chris Curry
Executive Director
From: S Mayhood [suezg05 @aol.com]
Sent: Friday, March 23, 2012 3:50 PM
To: CurryChris
Cc: Coletta]im; WilliamsSteven; B rueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo; Klatzkow]eff
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Under threat of eviction, we have signed the lease. The majority of negotiation time was spend on determining our
aeronautical status, which we felt was wasteful since we have been flying and storing multiple aircrafts at the Airport for
nearly 20 now. Important items to us, such as duration of lease, renewal options, and the building use were apparently
non - negotiable and were assigned without our consent. For unknown reasons you denied all of the uses we provided.
We were proactive in asking to exercise our renewal option in our lease. I spoke with Debbi Mueller in January 2011 and
wrote a letter two months prior to our lease expiring. It was after the lease expired when we received the first
correspondence, dated April 4, 2011, from the Airport and our meetings took place starting in October 2011.
met with Commissioner Coletta on January 9, 2012 with our concerns regarding the lease negotiations. I then asked to
continue our negotiations so that we would have time to review the lease draft and get legal consultation. Since your
letter dated March 2, 2012, we have been rushed trying to complete negotiations and finalize a lease. It is very difficult to
negotiate with someone who repeatedly doesn't answer our questions. We look forward to future renegotiations with the
Airport.
Please confirm that you have received our lease and let us know the date it will be on the agenda for the BCC.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBru egg eman @colIiergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyle @colIiergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such,
we understand that there may be multiple aircraft involved with your business entity. If there is a concern that
personal use may exclude those included in your company, please provide the airport with all aircraft tail
numbers that you currently own or lease. Once you have provided this list, any aircraft that you may purchase
or lease in the future will be added. We will consider this list to be those that would qualify under your personal
use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority
on January 12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to
review. On March 2, 2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as
the date to provide a signed copy of your lease. I stated in my letter that if you did not comply with this date I
would ask the BCC to not allow you to operate on the Airport past March 30, 2012. This date has passed and
we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the
new lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises
to have a signed lease I am not sure this will happen. Therefore, I have decided to place your item on the
Board of County Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed
lease by the weekend as promised, I will remove the item from the agenda. If you do not I will proceed with the
request for eviction. You are a valuable customer to the Immokalee Airport and we would hate to lose you as a
tenant. I feel that the Airport has been very fair and compromising in our discussions with you over the past
year based on the age, location and lack of proper access to your facility. However, it is not in the best interest
of the County to allow a tenant to operate for more than a year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:sueza05a- aol.com1
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(d.)colliergov.net>
To: S Mayhood <suezg05(cDaol.com>
Cc: ColettaJim <JimColetta (d,)colliergov.net >; WilliamsSteven <StevenWilliams(c)collier oq v_net >; BrueggemanDebra
<DebraBrueggemangcolliergov .net >; VergoThomas <ThomasVergo(a�colliergov. net >; FialaDonna
<DonnaFialaQcolliergov.net >; HillerGeorgia <GeorgiaHillera- colliergov .net >; HenningTom
<Tom Henn ing colliergov.net >; CoyleFred <FredCoylea- coIIieraov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything havinq to do with aircraft maintenance _ operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(M239 -642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a-)aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(@collier oq v net>
To: S Mayhood <suezg05(c)aol.com>
Cc: ColettaJim <JimColetta@colliergov.net >; WilliamsSteven < StevenWilliams (aDcolliergov.net >; BrueggemanDebra
<DebraBrueggeman(a.colliergov .net >; VergoThomas <ThomasVergo4colliergov.net >; FialaDonna
<DonnaFiala4collier oq v.net >; HillerGeorgia < GeorgiaHiller (cDcolliergov.net >; HenningTom
<TomHenning(aD-colliergov.net >; CoyleFred <FredCoyle(a).colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee.
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< Stevenwilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4 :33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood ( mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >)
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
E
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
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.
6
Martha S. Vergara `4-3, (w 7"
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:33 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamidmi Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 2528400
Fax: 239 --252 -6300
From: KlatzkowJeff
Sent: Friday, March 23, 2012 4:35 PM
To: 'S Mayhood'; CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo
Subject: RE: Immokalee Airport Lease
Ms. Mayhood:
Just so that there is no misunderstanding, some time ago I prepared a standard form lease to be used at
all of the Collier County Airports. This lease was based on a general standard form lease I had prepared for use
in the County, which I modified for airport use, if memory serves me right, from a lease I obtained from the
Naples Airport Authority. With this standard form airport lease we charge a standard form rate, depending
upon whether the use is aeronautical or non - aeronautical use, which rates are approved by the Board. In this
manner, all tenants in all of our airports are treated fairly and equally.
Your prior lease expired March 10th, 2011. After months of negotiations that in our opinion were going
nowhere, I recently advised Mr. Curry to offer you our standard form airport lease, at the Board- approved rate,
and if you declined, to go to the Board for permission to file an eviction. I have given similar advice to
similarly situated clients many times over my career.
Jeffrey A. Klatzkow
County Attorney
(239) 252 -2614
From: S Mayhood [mai Ito: suezg05 @aol.com]
Sent: Friday, March 23, 2012 3:51 PM
To: CurryChris
Cc: Coletta)im; WilliamsSteven; BrueggemanDebra; VergoThomas;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Mr. Curry,
FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
Under threat of eviction, we have signed the lease. The majority of negotiation time was spend on determining our
aeronautical status, which we felt was wasteful since we have been flying and storing multiple aircrafts at the Airport for
nearly 20 now. Important items to us, such as duration of lease, renewal options, and the building use were apparently
non - negotiable and were assigned without our consent. For unknown reasons you denied all of the uses we provided.
We were proactive in asking to exercise our renewal option in our lease. I spoke with Debbi Mueller in January 2011 and
wrote a letter two months prior to our lease expiring. It was after the lease expired when we received the first
correspondence, dated April 4, 2011, from the Airport and our meetings took place starting in October 2011.
I met with Commissioner Coletta on January 9, 2012 with our concerns regarding the lease negotiations. I then asked to
continue our negotiations so that we would have time to review the lease draft and get legal consultation. Since your
letter dated March 2, 2012, we have been rushed trying to complete negotiations and finalize a lease. It is very difficult to
negotiate with someone who repeatedly doesn't answer our questions. We look forward to future renegotiations with the
Airport.
Please confirm that you have received our lease and let us know the date it will be on the agenda for the BCC.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colIiergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(K9239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mai Ito: suezg05 a aol.com]
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a)colliergov.net>
To: S Mayhood <suezg05(a),aol.com>
Cc: ColettaJim <JimColettaecolliergov.net >; WilliamsSteven <StevenWiIIiams(a- )colIiergov.net >; BrueggemanDebra
<DebraBrueggeman icolliergov.net >; VergoThomas <ThomasVergo(c),colliergov.net >; FialaDonna
<DonnaFiala - colliergov.net >; HillerGeorgia < GeorgiaHilleraecolliergov.net >; HenningTom
<Tom Henn ing(a)colliergov.net >; CoyleFred <FredCoyle _colliergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"angthing having to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a)aol.com)
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurryCa-.colliergov.net>
To: S Mayhood <suezg05(a)-aol.com>
Cc: ColettaJim <JimColetta(5colliergov.net >; WilliamsSteven <StevenWilliams cDcolliergov.net >; BrueggemanDebra
<DebraBrue4geman(c�colliergov .net >; VergoThomas <ThomasVergo(ocolliergov.net >; FialaDonna
<DonnaFialaaa colliergov.net >; HillerGeorgia <GeorgiaHiller(c),collier oq v_net >; HenningTom
<TomHenning(a)colliergov.net >; CoyleFred <FredCoyleta'�.colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
5
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete
not been given a finalized lease
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
draft which you provided for review, but I have
to sign. Please send a completed lease so we
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.
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.
6
Martha S. Vergara :�-35�1,7✓' ?S
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 9:33 AM
To: OchsLeo
Subject: FW: Immokalee Airport Lease
Attachments: Immokalee_Lease_2012.pdf; immokalee_hanger.doc
Leo,
Pursuant to the BCC request this morning and pursuant to Jeff Klatzkow's direction to me, I am sending you my emails
regarding the Mayhood lease and Immokalee airport.
Please let me know if there is anything else I may help with.
Steve
Steven T. Williams
Assistant Counfig Attorney
Collier Counttj
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239-252-8400
Fax: 239-252-6300
From: S Mayhood [mai Ito: suezg05 @aol.com]
Sent: Friday, March 23, 2012 3:51 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Under threat of eviction, we have signed the lease. The majority of negotiation time was spend on determining our
aeronautical status, which we felt was wasteful since we have been flying and storing multiple aircrafts at the Airport for
nearly 20 now. Important items to us, such as duration of lease, renewal options, and the building use were apparently
non - negotiable and were assigned without our consent. For unknown reasons you denied all of the uses we provided.
We were proactive in asking to exercise our renewal option in our lease. I spoke with Debbi Mueller in January 2011 and
wrote a letter two months prior to our lease expiring. It was after the lease expired when we received the first
correspondence, dated April 4, 2011, from the Airport and our meetings took place starting in October 2011.
I met with Commissioner Coletta on January 9, 2012 with our concerns regarding the lease negotiations. I then asked to
continue our negotiations so that we would have time to review the lease draft and get legal consultation. Since your
letter dated March 2, 2012, we have been rushed trying to complete negotiations and finalize a lease. It is very difficult to
negotiate with someone who repeatedly doesn't answer our questions. We look forward to future renegotiations with the
Airport.
Please confirm that you have received our lease and let us know the date it will be on the agenda for the BCC.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colIiergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Torn Henn ing @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood fmailto:suezg05(a)aol.com1
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueg gem anDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a)colliergov.net>
To: S Mayhood <suezg05 aol.com>
Cc: ColettaJim <JimColetta(cDcolliergov.net >; WilliamsSteven < StevenWilliams a- colliergov.net >; BrueggemanDebra
<DebraBrueggeman@colliergov .net >; VergoThomas <ThomasVergoacolliergov.net >; FialaDonna
<DonnaFiala aC -colliergov.net >; HillerGeorgia <Geor iaHiller(a)-colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyleacolIiergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance, operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a-aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry a(�.colliergov.net>
To: S Mayhood <suezg05(cDaol.com>
Cc: ColettaJim <JimColetta .colliergov.net >; WilliamsSteven < StevenWilliams0kolliergov.net >; BrueggemanDebra
<Debra Bru egg eman (o-)-col I ie rgov. net>; VergoThomas <ThomasVergo(a)colliergov.net >; FialaDonna
<DonnaFiala _colliergov.net >; HillerGeorgia < GeorgiiaHillera ().colliergov.net >; HenningTom
<Torn Henn ing @colliergov.net >; CoyleFred <FredCoyle(cDcolliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra < DebraBrueggeman @colliergov.net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
4
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
<StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood ( mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
5
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6
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1 st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Panics."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ("Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyan ce. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub-Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initig] Term. The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub- Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub - Lease Agreement Three Mayhoods, LLC
deposited by the Immokaiee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anything associated with aircraft maintenance, storage, and
operation of aircraft for personal use or aircraft leased by the Sub - Lessee, which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be tenninated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
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Revised: March 13.2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
%&YJ
� I
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortggges. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
12. Obligation to Maintain Premises and Corn, ply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casually and Condemnation
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Revised: March 13, 2012, CAO
Sub.Lease Agreement Three Mayhoods, LLC �^
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub- Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub- Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
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Sub -Lease Agreement Three Mayhoods, LLC
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18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V, Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. Remedies of Authority.
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
Revised: March 13, 2012. CAO Sub-Lease Agreement Three ;hoods, �LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts not paid promptly when due shall also accrue compounded
interest of two (2 0/6) 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub- Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
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Revised; March 13, 2012, CAO Sub-L4= Agreement Three Mayhoods, LLC
ii. Sub- 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 0 day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and &Sufi ons. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. Art .pevelo ment. The Authority reserves the right to fiuther develop or improve
the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view
of the Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport OpMt Mom. The Sub - 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
Rcvised: March 13, 2012, CAO Sub -Lease Agreemcnt Thcec Ma oods, LLC
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub- Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
Revised: March 13, 2012, CAO Sub -Lease Agreement Three r h LLC
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Ncither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Qause. The Sub - 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
Sub - 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 Sub - Lessee shall use the Sub- 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
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Revised: March 13, 2012, CAO Sub -Lease Agreement Three MayhoWs, LLC
i (v 1
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
A"" �GR
Witness (signature)
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Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
11
Revised. March 13, 2012, CAO Sub -Lease Agreement Three Ma oods, LLC
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January 11, 2011
Mr. Chris Curry
Collier County Airport Authority
2005 Mainsail Dr. Suite 1
Naples, FL 34114
RE: Land Lease at Immokalee Airport
Mr. Curry,
My current land lease in Immokalee will be expiring March 10, 2011. I am asking that
you will extend the current lease for a minimum of 10 years with some additional
renewal options of 10+ years. If you have any questions, please contact me.
Sincerely,
LW "Corky" Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239 - 872 -1633
Martha S. Vergara t ff35� (; r3 3(�0
From: BrueggemanDebra
Sent: Tuesday, March 27, 2012 12:12 PM
To: WilliamsSteven
Subject: Three Mayhoods Sub -Lease
Attachments: Mayhood Sub -Lease Agreement (March 2012) signed by tenant.pdf
Steve,
We plan on putting the Mayhood Sub -Lease Agreement on the 4 -10 -12 Agenda now that the Sub - Lessee has signed.
Could you please sign /initial the BCC signature page that the Sub - Lessee's have initialed and email back to me for the
Agenda as soon as you get a chance.
Thanks,
`vefilfie J3auuJcvnacrc
t "pewtiva,j evvtd urtvn /£..recutwe ai.3 <stani
239 - 642 -7878 Fzt. 34
Under I lorida i aw, e -mml addresses are pubhc iecotds, It you do nol want yom e -mail address released in response to a pxibhc records request., do not send
electronic mail to this entity. Instead, contact this office, by telephone m in Waiting
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as " Sub - Lessee"), collectively stated as the "Parties."
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ("Master Lease'); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveamo. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premis,os. The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
I Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiratign Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional. Airport when the property is vacated by Sub -Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessees safe cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAp Sub -Lease Agreemcm Three "hood& LLC
deposited by the Immoka €ee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub-
lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anything associated with aircraft maintenance. storage and
operation of aircraft for personal use or aircraft leased by the Sub - Lessee, which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manmer inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination_ Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Prises The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. Thc.base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
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Revised: March 13, 2012, CAO Sub -Lease Agreement Twee Mayhoods, LLC
M
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. L m and Mortgggg. The Sub - 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 Sub -Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
12. COl'g to ion IQ Maintain Pruaiim and Comely with Al), Lawful Requirements The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall prompdy reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enioyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terns of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
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Revised: March 13, 2012, CAO
Sub -Lease Agrecment Three Msyhoods. LLC
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a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Emises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub- Lessee.
16. Sub - Lessee's Access to 'remises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
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Revised: March 13, 2012, CAO
Sub -Luse Agrccment Three Mayhoods. LLC
18. Assignmot. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurame The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub- Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. Remedies of Authori
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
5
Revised: March 13, 2012. CAO Sub -Lem Agreement Three Mghmik LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority,
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of &b- Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: Much 13.2012, CAO Sub -Lease Ageemrnt 1Wa Mayhoods, LLC
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - Lessee on behalf
of Authority, with no interest.
e. No ftmedy 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Many 1. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
Shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the I' day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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 arWor services provided at the Airport, provided all such Rules and Regulations comply
with current FAA riles, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, Hiles, orders and regulations.
23. Aima 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful mariner.
24. Ai. — Operations. The Sub - 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
Rcvised: March 13, 2012, CAO Sub-Lem Agreement Throe Ma s. LLC
W (i�
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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 requirea time if deposited in the U.S. Mail, postage prepaid, within the time
limit. For the purpose of calculating time limits which run from the giving of a particular notice
the time shall be calculated from actual receipt of the notice. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
Revised: March 13, 2012, CAO Sub -Luse Agreement Three ayh UC
�*
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub- Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure, Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leasers Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause, The Sub- Lessec for himself, his personal representatives,
successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and
agree that (l) 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
Sub - Leased Premises; (2) that in the construction of any improvements on, over or under such land
and the finnishing of services thereon, no person on the grounds of race, color or national origin shall
be excluded from participating in, denied the benefits ofd or otherwise subjected to discrimination;
(3) that the Sub - Lessee shall use the Sub - 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
9
Revised, March 13, 2012, CAO Sub -Lease Agmement nree Mayhqod3. LLC
vxj "*\- ,/S3
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. R
Adon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
C-
Witness (signature)
P r ma, TO k i
(print name)
Witness (signature)
'�Sc� s O �firt -a o�m r
Revised. March 13, 2012. CAO
sy:
W 3-2-3-20(2,
Leroy,,::5Mayhood
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10
Sub-1 ease Agreement Three Mayhoods. LLC
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By:
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
11
Revised: March 13, 2012, CAO Sub -Lease Agroemeat rMree Ma oods, LLC
4 bt)
PIZ
0,
i00
Martha S. Ver ara 35q- 733 7
From: WilliamsSteven
Sent: Tuesday, March 27, 2012 12:14 PM
To: AlthouseTammy
Subject: FW: Three Mayhoods Sub -Lease
Attachments: Mayhood Sub -Lease Agreement (March 2012) signed by tenant.pdf
Tammy,
Can you please print off, I will sign and make sure we keep a copy in CP?
Thanks,
Steve
Steven T. Williams
Assistant Counttj Attornety
Collier Counti)
3299 East Tainiarni Trail, Suite 800
Naples, Florida 34112
"Tel: 239252. -8400
Fax: 239-252-6300
From: BrueggemanDebra
Sent: Tuesday, March 27, 2012 12:12 PM
To: WilliamsSteven
Subject: Three Mayhoods Sub -Lease
Steve,
We plan on putting the Mayhood Sub -Lease Agreement on the 4 -10 -12 Agenda now that the Sub - Lessee has signed.
Could you please sign /initial the BCC signature page that the Sub - Lessee's have initialed and email back to me for the
Agenda as soon as you get a chance.
Thanks,
�e£�ce 53�cueg yeman
D ena #i <:fira C'uOU&1UtO,11 azC"Vc1e (U)btant
e'r+uku t eountrt� ct yo it autho tq
239 -642 -7878 F /xt. 34
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
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as " Sub - Lessee"), collectively stated as the "Parties."
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ("Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyancrg. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub- Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term; The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional. Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub- Lessec's sate cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sul -Least Agreemcm Three Mayhoods. LLC
deposited by the Immoka €ee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Convevance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terns and conditions of this Sub -
Lease.
7. Use of EMMises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anvWW& associated with aircraft maintenance. storm=,_ and
operation of aircraft for uersonW use or aijuaft leased by the Sub-Les , which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest, The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Promises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Promises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The.base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
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Revised: March 13. 2012, CAO Sub -Leese Agreement Three Mayhoods, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Ng % b- Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens ns and Mortggga, The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
12. Obliwation to Maintain Premises and Corot l with All Lawful Renuirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty-and Condemnation
3
[ttvised: March 13, 2012, CAO
Sub.d.ease Agreement Three Mayhoods, LLC
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - Lessee must use the insurance proceeds, hereinafter referred to as "Proceedg," to
rebuild or restore the Premises to substantially its condition prior to such casualty event unless the
Authority provides the Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub- Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO
Sub -Lease Agrectnent Three Mayhoods. LLC
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. ln=amc. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
A. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. Remedies of Authori
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
5
Revised: March 13, 2012. CAO Sub -Lease Agreement Three hVhoochk LLC
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 Sub -
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 Sub - 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 mariner it so chooses and
shall not be liable to Sub- Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of. each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authoj&. 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub -L&MM. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - 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 Sub - Legge, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: Marsh 13, 2012. CAO Sub -Lease Agreement Three Mayhoods, LLC
1
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The tenets of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the I" day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Rt;,gulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA toles, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Ain tr �OpMgons. The Sub - 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
7
Revised: March 13, 2012, CAO Sub -Lcase Agmmcnt Thm M Dods. LLC
(i�
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida In the event of a dispute under this Subl=w, 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite I
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
8
Revised: March 13, 2012, CAO Sub -Lease AVvemcat Three a}+h LLC
c,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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub - lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination CIU=_ . The Sub -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
Sub - Leased Premises; (2) that in the construction of any improvements on, over or under such tend
and the fiunishing 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 Sub - Lessee shall use the Sub - 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
9
Reviscd: March 13, 2012, CAa Sub -Lean Agccement Mrce Mayhqods. LLC
X,J 19
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 Sub -Lease and to re-enter and as if the
Sub -Lease had never been made or issued The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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 talon and radon testing may be
obtained from your County Public Health Department.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
Zf
Witness (signature)
rma- oh I
(print name)
Witness (signature)
Revised: March 13, 2012. CAO
By. W 3 -Z3 -2 12.
Leroy6Mayhood
b3�a3 jao��-
Sue. hDOI.
10
Sub- L.esse Agreement Three Mayhood& LLC
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Approved as to form
and legal sufficiency:
, Deputy Clerk
Steven T. Williams
Assistant County Attorney
Eteviwd: March 13, 2012, CAO
BOARD OF COUNTY COMMONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By:
FRED W. COYLE, Chairman
11 Sub -Lease Agreement Th►oe Ma oo&, LLC
V'
ol
10
100
'0
is10
009
7.0
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io
Martha S. Vergara 7w ;Fw
From: CurryChris
Sent: Tuesday, February 28, 2012 9:57 AM
To: S Mayhood
Cc: Colettalim; WilliamsSteven; BrueggemanDebra
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28`h and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 101h, you requested an additional month for
your attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a
signed lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copy of your lease by
March 14`h, I will ask the board to not allow you to operate on the Immokalee Airport past March 301h. It is not in the
best interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any
questions you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 -269 -3353
From: S Mayhood [mai Ito: suezg05 @aol.coml
Sent: Tuesday, January 10, 2012 2:26 FM
To: CurryChris
Cc: jimcoletteC�colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Under Florida Law, e -mail addresses are public records It You do not Want Your e-mail address released in response to a public records request, do riot Send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Vergara �354
From: CurryChris
Sent: Friday, March 02, 2012 2:08 PM
To: Lloyd Byerhof; Joan and Jim Murray; Frank Halas; David Gardner
Cc: VergoThomas
Subject: Letter to Mayhood
Gentlemen, this is a letter that I am sending to Mr. Mayhood. He is the tenant at Immokalee that owns the hangar
facility on the other side of the runway.
Meeting request
Mayhood2.docx
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-259-3353
Under Florida Law, e -mail addresses are public records If YOU do not want your e-rii-ad address releasod In response to a public records request, do not send
electronic mail to this entity. Instead. contact this office by telophoric or in writing.
March 2, 2012
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
Your lease with the Collier County Airport Authority expired on March 10, 2011. We have been
negotiating your lease for almost one year and we must now bring this to a close. We have met at least
five times during the past year working toward negotiating a future lease. At our last meeting held on
December 28, 2012, we both established a goal to have the lease signed with the Airport Authority by
January 12, 2012. On January 10, 2012, you requested an additional month for your attorney to review
the draft lease given to you in December and I approved of your request. We are now seven weeks past
your requested date for an extension and the Airport Authority is not in receipt of a signed lease.
I hope this serves as a helpful reminder that your signed lease is now due to the Airport Authority. If we
do not receive a signed copy of your lease by March 14, 2012, 1 will ask the board to not allow you to
operate on the Immokalee Airport past March 30, 2012. It is not in the best interest of the county to
allow you as a tenant to operate at length without an approved lease. If you have any questions you
may contact me by email, chriscurry@colliergov.net or my telephone, 239 - 642 -7878 x35. I hope to hear
from you soon in regard to this matter.
Sincerely,
Chris Curry
Executive Director
Collier County Airport Authority
Martha S. Ver ara�5 410
From:
S Mayhood <suezg05 @aol.com>
Sent:
Friday, March 09, 2012 6:05 PM
To:
CurryChris
Cc:
ColettaJim; WilliamsSteven; BrueggemanDebra
Subject:
Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta@colliergov.net >; WilliamsSteven < StevenWiIIiams @colIiergov.net >; BrueggemanDebra
<DebraBrueggeman @col liergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed cop of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg0�aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Under Florida Law: e mail addresses are public records It you do not want your e mad addrrs's rek�ased in response to a public records request, do not send
electronic mall to this entity. Instead contact this office by telephone or in wnling
Martha S. Vergara3��7���'
From: CurryChris
Sent: Monday, March 12, 2012 1:28 PM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and
for you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because
you are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their
facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me
know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezgQ5 @aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
<DebraBrueggeman @colliergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14'h, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mai Ito: suezg05Qaol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: iimcolette �colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Under Florida Law. e -rnail 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
Martha S. Vergara �96-V79V- .
From: BrueggernanDebra
Sent: Monday, March 12, 2012 2:20 PM
To: CurryChris
Subject: Mayhood Lease Area
Attachments: Lease Area (March 2012).pdf
Defibie 'Buwqg,,enuw
Vpewtiotw ("00wUnate'LlExecative a.i'313tanl
&Iffivt (?Owdy, m4po'll
239-642-7578 &t. 34
Under I ]or id a I. aw e -mail addresses are public recofds. If you do not want your e -mail address released in response to a polok records request, do riot send
electronic ;nail to this entity Instead contact this office by telephone of in writing.
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Martha S. Vergara35� -
From: CurryChris
Sent: Monday, March 12, 2012 2:28 PM
To: CoyleFred
Subject: FW: Immokalee Airport Lease
Attachments: Lease Area (March 2012).pdf
Commissioner, I have been negotiating a new lease with Mr. Mayhood for almost a year. His facility is located on the
west side of the airport and is the only facility built in the middle of the preserve area. Access to his facility requires
using an active taxiway or crossing a runway. The location of his facility is not in the best interest of future development
plans for the airport. I have been quite compromising to allow a lease negotiation to continue for one year. I have also
been quite compromising to allow a ten year lease based on his location. Therefore, he has been given a 10 year lease
consistent with Gregory Shepard (Museum owner). As the airport continues to grow, the Airport Authority would
eventually like to remove both buildings. I have attached a copy of a map of the Airport that highlights the location of
his property. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: CurryChris
Sent: Monday, March 12, 2012 1:28 PM
To: 'S Mayhood'
Cc: Coletta]im; WilliamsSteven; Brueggema n Debra; VergoThomas
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and
for you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because
you are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their
facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me
know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
<DebraBrueggeman @col liergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 Qaol.comj
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Under Florida Law, e mail addresses are public records if you do not want your e mail address reletised in response to a public records request. do not send
electronic mail to this entity. Instead, contact this office, by telephone or in writing
AI, 0
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Martha S. Vergara
From: CurryChris
Sent: Monday, March 12, 2012 2:29 PM
To: FialaDonna
Subject: FW: Immokalee Airport Lease
Attachments: Lease Area (March 2012).pdf
73
Commissioner, I have been negotiating a new lease with Mr. Mayhood for almost a year. His facility is located on the
west side of the airport and is the only facility built in the middle of the preserve area. Access to his facility requires
using an active taxiway or crossing a runway. The location of his facility is not in the best interest of future development
plans for the airport. I have been quite compromising to allow a lease negotiation to continue for one year. I have also
been quite compromising to allow a ten year lease based on his location. Therefore, he has been given a 10 year lease
consistent with Gregory Shepard (Museum owner). As the airport continues to grow, the Airport Authority would
eventually like to remove both buildings. I have attached a copy of a map of the Airport that highlights the location of
his property. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239 -642 -7878 x35
(C) 239 - 269 -3353
From: CurryChris
Sent: Monday, March 12, 2012 1:28 PM
To: 'S Mayhood'
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and
for you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because
you are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their
facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me
know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mai Ito: suezg05 @aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
<DebraBrueggeman @colliergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed cop of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(M239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05CcDaol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: iimcolettetc7i collierpov. net
Subject: Immokalee Airport Lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Under Florida Low, e -mail addresses are public records It YOU do not want your e -mail address released in response to a public records request_ do not seed
electronic mail to this entity. Instead, contact this office by telephone or in writing
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From:
Sent:
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Subject:
Thanks for the info, Chris.
Donna
Donna ,Fiala
FialaDonna
Monday, March 12, 2012 4:04 PM
CurryChris
RE: Immokalee Airport Lease
From: CurryChris
Sent: Monday, March 12, 2012 2:29 PM
To: FialaDonna
Subject: FW: Immokalee Airport Lease
35873*
Commissioner, I have been negotiating a new lease with Mr. Mayhood for almost a year. His facility is located on the
west side of the airport and is the only facility built in the middle of the preserve area. Access to his facility requires
using an active taxiway or crossing a runway. The location of his facility is not in the best interest of future development
plans for the airport. I have been quite compromising to allow a lease negotiation to continue for one year. I have also
been quite compromising to allow a ten year lease based on his location. Therefore, he has been given a 10 year lease
consistent with Gregory Shepard (Museum owner). As the airport continues to grow, the Airport Authority would
eventually like to remove both buildings. I have attached a copy of a map of the Airport that highlights the location of
his property. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: CurryChris
Sent: Monday, March 12, 2012 1:28 PM
To: 'S Mayhood'
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and
for you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because
you are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
1
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their
facilities.
As mentioned in my previous email and certified letter, 1 am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me
know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 -872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
<DebraBrueggeman @col liergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05Ca)aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: net
Subject: Immokalee Airport Lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Under Ronda L.aw, e-mail addresses are public rocords. If you do not want your email address rOoased it) response to a pi. bhc records request, do not send
electronic mail to th s entity, instead, contact this office by telephone or in writing.
Martha S. Vergara
From: S Mayhood <suezg05 @aol.com>
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a_collierq- ov.net>
To: S Mayhood <suezg05 aol.com>
Cc: ColettaJim <JimColetta(aD-colliergov.net >; WilliamsSteven < StevenWiIIiams (aD-colIierg- ov.net >; BrueggemanDebra
<DebraBrueggeman(a.col liergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 _ aol.coml
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: net
Subject: Immokalee Airport Lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Vergara�Y ?3`p
From: S Mayhood <suezg05 @aol.com>
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colIiergov.net >; VergoThomas <ThomasVergo @colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a-)aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a-)-collierg_ov.net>
To: S Mayhood <suezg05 ,_aol.com>
Cc: ColettaJim <JimColettaa-colliergov.net >; WilliamsSteven < StevenWilliams a- colliergov.net >; BrueggemanDebra
<DebraBrueggemana- colliergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may Contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05Ca�aol.coml
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette(a colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. I just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
. _ n ......._ _ ._ . . . _ . .... ..._ _ . .. ...................
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.
Martha S. Vergara -*35�73V 7
From: BartlettKristi on behalf of CoyleFred
Sent: Tuesday, March 13, 2012 10:15 AM
To: Fred Coyle
Subject: FW: Immokalee Airport Lease
XAsti _1. Bart(ett
Executive .fide to Commissioner }'reel Coyle, Cha.irina:n.
District 4
X r% stiBa.rtlettra >colliergov.il.et
239.252.8007
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: Colettalim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
HillerGeorgia; HenningTom; CoyleFred
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWiIIiams @colIiergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 (d)aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(cDcolliergov.net>
To: S Mayhood <suezg05CcD.aol.com>
Cc: ColettaJim <JimColetta(o)colliergov.net >; WilliamsSteven <StevenWilliams(a-) colliergov.net >; BrueggemanDebra
< DebraBrue q_geman(a.colliergov.net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14'h, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a)aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette a colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Ver 9 ara 79
From: CurryChris
Sent: Tuesday, March 13, 2012 11:49 AM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: RE: Immokalee Airport Lease
Attachments: AIRPORT LEASING POLICY 10.22.01 TCP EDITED 1- 29- 02.pdf
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the
issue of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others
that provide services on the airport. The lease term that has been offered is consistent with other tenants who owned
facilities and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for
March 27, 2012 and if there are items that we cannot agree I will seek direction from the Board of County
Commissioners. Please provide me with a signed lease that was promised initially on January 12`r' or I will move forward
without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 -269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWiIIiams @colIiergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezgO5(d,)aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05Ca�_aol.com>
Cc: ColettaJim <JimColetta(cDcolliergov.net >; WilliamsSteven < StevenWilliamsCc D- colIiergov.net >; BrueggemanDebra
<DebraBrueggemanCDcolliergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed cog of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood (mailto:suezg05Cc�aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
COLLIER COUNTY AIRPORT AUTHORITY
AIRPORT LEASING POLICY
Approved as to form and legal
Sufficiency:
Thomas C. Palmer
Assistant County Attorney
46.4 AtRROA�
Adopted by:
i
Stephen L. Price, Chairman
Robin Doyle, Vice Chairman
Monte Lazarus, Secretary
Gene Schmidt
Bill West
Dennis P. Vasey
Raymond Rewis
COLLIER COUNTY AIRPORT AUTHORITY
By:
H: \Leasing Policy \Airport Leasing Policy 10.22.01 TCP Edited 1 -29 -02
Stephen L. Price, Chairman
Adopted: May 9, 1994
Revised: 10/22/2001
Revised: 2/11/02
Airport Leasing Policy
TABLE OF CONTENTS
Page
SECTION I GENERAL POLICY . . . . . . . . . . . . . . 3
Agreement Classifications . . . . . . . . 3
Agreements Required . . . . . . . . . . . 4
Lease /Operating Agreement Categories. . . 4
SECTION II GENERAL GUIDELINES FOR AIRPORT AGREEMENTS .
5
Rates and Charges . . . . . . . . . . . .
5
Terms of Lease . . . . . . . . . . . . .
6
Title to Improvements . . . . . . . . . .
6
Materials . . . . . . . . . . . . . . . .
6
Assignment /Subletting /Sale of Stock /Sale
of Facilities Constructed . . . . . . . .
7
Public Service Goals . . . . . . . . . .
8
Encumbrances. . . . . . . . . . . . . .
8
Indemnification and Insurance . . . . . .
8
Taxes . . . . . . . . . . . . . . . . . .
8
Rules and Regulations . . . . . . . . . .
8
Appraisals . . . . . . . . . . . . . . .
8
Solicitation for Available Lease Space. .
9
Variance . . . . . . . . . . . . . . . .
9
Applications to Conduct Operations. . . .
9
Due Diligence Review. . . . . . . . . . .
9
Performance Bonds . . . . . . . . . . . .
10
Relocation of Improvements . . . . . . .
10
Zoning . . . . . . . . . . . . . . . . .
10
Annual CPI - Escalation Language . . . . .
10
Gross Receipts Language . . . . . . . . .
10
Other Lease Provisions . . . . . . . . .
11
Hangar Waiting List Policy. . . . . . . .
11
SECTION III RATE STRUCTURES . . . . . . . . . . . . . .
19
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Airport Leasing Policy
SECTION I
GENERAL POLICY
In order to promote and develop a fair and reasonable operating
environment for all persons, firms, or organizations who enter
into agreements with the Collier County Airport Authority
hereinafter referred to as (the Authority) to conduct a
commercial or non - commercial operation on any of its airports
(hereinafter referred to as airport) the following Policy is
hereby adopted.
This Leasing Policy is authorized by the Administrative Codes
Section
The Collier County Airport leases the Immokalee Airport, the
Everglades Airport and the March Island Airport from Collier
County Florida, the landowner of each of these airports. Although
this policy refers to "leasing" policy, these policies apply to
sub - leasing and sub - subleasing as the case may be. As used
herein the word "leases" refers to sub - leases and "sub- leases"
refers to sub - subleases. As used herein the word "tenant" is
not limited to true tenants, but includes any individual, person
or entity that has been granted any right, license or privilege
to occupy or use any property or conduct any activity
irrespective of the form of the agreement, permit, and /or license
that grants any such right, license or privilege.
The Authority hereby instructs the Executive Director to ensure
that reasonable efforts are made when negotiating agreements to:
1. Permit revenue generation consistent with market forces.
2. Minimize operational costs in the leased areas to the
Authority.
3. Enhance general aviation purposes consistent with the
operation of public use airports.
4. Attract private capital and investment for airport
development.
Agreement Classifications
The Authority will entertain, at a minimum, the following five
Agreement classifications:
1. LEASE AGREEMENTS: The only leases that apply to any of the
three airports are the leases between the Airport Authority and
Collier County where Collier County is the landowner /lessor and
the Airport Authority is the lessee.
SUBLEASE AGREEMENTS: Agreements by which the Airport Authority
sub - leases Land, building and /or facility leases with airport
tenants who maintain a valid sub -lease agreement with the
Authority.
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Airport Leasing Policy
SUB — SUBLEASE AGREEMENTS. These
sub - lessee (in privity with the
some or all of the sub - lessee's
sublessee.
Agreements are used whereby a
Airport Authority) sub - subleases
rights and obligations to a sub-
LICENSE AGREEMENTS: Land, building and /or facility leases with
granted privileges of conducting aviation related or airport
support operations. These agreements do not convey any interest
in real property or any personal property. These agreements
convey only a bare license that has no interest coupled thereto.
These agreements do not create any relationship of landlord and
tenant and no licensee has any rights as a tenant.
OPERATING AGREEMENTS: Agreements granting the privilege of
conducting aviation specifically granted related activities or
airport support operations. These are use license agreements that
do not convey any interest in real property or personal property.
Agreements Required
No person, firm, organization, club, or other entity whatsoever
shall be permitted to operate any business or commercial activity
whatsoever on any airport or base and engage in any commercial or
non - commercial activities whatsoever at the respective airport
without an approved and fully executed sub - lease, sub - sublease,
license, operating agreement with the Authority or fully approved
and executed assignment of same. The intent of this requirement
is to protect the investment and privileges of bona fide
operations on the airport and to try to ensure that fees or
charges will be required from every user of the airport.
Provided, however, that a business may be permitted to continue
operation as a tenant at will after the expiration of an approved
sub - lease, sub - sublease, license and /or operating agreement while
renewal or extension negotiations are in progress and being
conducted in good faith and there appear to be prospects of
coming to mutual agreement. The Executive Director shall be the
judge of whether good faith negotiations with a viable prospect
mutual agreement exists.
Lease /Operating Agreement Categories
1. Flight Training Service Center.
2. Aircraft Maintenance, Overhaul, and Parts Shop.
3. Specialized Commercial Flying Service.
4. Specialized Aircraft Repair Service.
5. Aircraft Hangar Storage.
6. Scheduled Passenger Air Carrier.
7. Non - Scheduled Passenger Air Carrier.
8. Cargo Air Carrier.
9. Non - Aviation Land and /or Building Lease.
10. On Airport Car Rental Operations.
11. Off Airport Car Rental Operations.
12. Taxi Cab, Limousine, and /or Bus Operations.
13. Courtesy Vehicle Operations.
14. Vending Machine Operations.
15. Airport brochure display /distribution operations.
16. Display Cabinet Operations.
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Airport Leasing Policy
17. Advertising signs on Airport.
18. Advertising signs off Airport.
19. Utility Easements.
20. Automobile Parking.
21. Food, Beverage, and /or Merchandising Concessions.
22. Government Leases.
23. Aviation Easements.
24. Operating Privilege Agreements.
25. Clubs.
26. Skydiving.
27. Hangar License Agreements.
28. Other.
Agreements, which the Authority shall not entertain:
Consistent with Department of Transportation, Federal Aviation
Administration order 5190.6A, the Authority shall retain
proprietary exclusive rights of the following aeronautical
services:
1. Sale of aircraft fuel to others
2. Rental of Aircraft T- Hangars
3. Rental of ramp space to others for aircraft tie -downs or any
other purpose.
The Authority shall not permit any tenant, licensee or other
occupant of any airport to engage in any of the above referenced
aeronautical services. The Authority shall provide those
aeronautical services with its own employees and resources.
SECTION II
GENERAL GUIDELINES FOR AIRPORT AGREEMENTS
The following guidelines shall be used when airport management
negotiates agreements. This policy is not all - inclusive and,
where exclusions exist, application of professional airport
leasing practices shall be applied on a case -by -case basis.
Rates and Charges
Each airport sub - tenant, sub - subtenant, licensee or occupant user
of the airfield shall pay the then applicable and appropriate
rate or fee for such tenancy or use. An annual Consumer Price
Index (CPI) increase may be imposed every year on all ground sub-
leases for use of land. A "Rate Structure" updated and approved
by the Authority annually will serve as a guide when negotiating
fees. In addition to annual CPI increases, sub - leases may
reflect a rate adjustment every three (3) to five (5) years in
accordance with the appraisal section of this policy.
Adjustments may reflect the appraised value, CPI increase, or the
current rental -rate, whichever is greater. Costs of new
construction may because of commercial practicability may require
a fixed rate over a reasonable period of time (in accordance with
the Terms of Lease section). Caps on rent and /or fee increases
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Airport Leasing Policy
may be imposed by percentage valuation or by fixed dollar
amounts.
Terms of Lease
Agreements will be sufficient to permit capital investment. At
no time shall agreements where the facilities are then owned by
the Authority, exceed a term of five (5) years. Where new
construction is proposed by a sub - tenant, additional years may be
permitted but in no case shall the term ever exceed twenty -nine
(29) years because the lease between Collier County and the
Airport Authority does not exceed thirty (30) years.
Title to Improvements
Title to all fixed improvements constructed or installed on sub-
leased premises shall remain with the sub - lessee. Upon
termination of the agreement, said improvements shall become the
property of the Authority or, at the Authority's sole option.
The Airport Authority may require the sub - lessee to remove said
improvements and restore the ground to its original condition,
all at no cost to the Airport or the County.
Matcrialc
Terminal building: The Authority will provide structural
maintenance, heat and light, but will not provide janitorial
service, revamping or other day -to -day service in any sub-
tenant's leased or licensed area unless the applicable agreement
specifies that the Authority shall be compensated for such
services.
Airfield: The Authority will maintain all public use runways,
taxiways and aprons. Ramps and aprons sub - leased or otherwise
provided to sub - tenants or any other occupants will be maintained
by the sub - tenants or occupant of any description.
Land and Building: Sub - tenants may be required to provide all
maintenance of land and utility service to leased or licensed
land and /or buildings. The Authority shall be sole judge of the
quality of maintenance and, upon written notice, may require
immediate improved maintenance. If such maintenance is not
performed, the Authority may perform such maintenance and invoice
the costs of the maintenance to the tenant; licensee or occupant.
Non - payment of said invoice will be grounds to terminate the
agreement that allows the occupant to occupy to property or
conduct the activities.
Assignment /Subletting /Sale of Stock /Sale of Facilities
Constructed
The operation of any tenant on the airport shall be for the
public interest and furtherance of airport activity. Tenants are
entrusted with the duty and obligation of providing the public
with the highest level of services and facilities, and it is
therefore, necessary that the tenant's activities and /or
Airport Leasing Policy
operations be subject to continuing scrutiny by the Authority and
that the tenant always operate in a businesslike fashion,
efficiently and always with courtesy to the public and to the
staff of the Authority. For these reasons the following shall be
always be required of tenants:
The Authority shall retain total control and exercise sole
discretion over the assignment or any method of changing or
delivering to others any of the functions to be performed by the
tenant, and any such assignment shall have prior written approval
by the Authority.
The tenant shall not have any right to sell, sublease, assign or
transfer a lease without written approval of the Authority. The
Authority may require the approval in writing of the managing
officers and the chief executive officer of the tenant. The
Authority may require that the original owners of the corporation
collectively own no less than fifty -one percent (51 %) or more
financial interest in the assets of the tenant's corporation.
The Authority may require corporation officers to sign leases and
operating agreements as individuals.
The Authority may elect to retain the right to review and approve
the manager who runs the day -to -day operations of the facilities
under lease. In the event the Authority is dissatisfied with
said manager's performance, the Authority shall notify said
tenant of the reasons for such dissatisfaction, and the tenant
shall remedy all such items of dissatisfaction identified by the
Authority including, but not limited to, replacement of said
manager with a new manager acceptable to and approved by the
Authority. Failure to correct those problems shall be deemed to
be a serious breach of the lease and may be reason to terminate
the lease.
Tenant may sublease a part of the leased area to others only
after first receiving written approval from the Authority.
The Authority shall collect reasonable fees from tenants who
lease land, hangars, buildings and /or other airport facilities
constructed on airport- leased land.
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Airport Leasing Policy
Public Service Goals
Those Minimum Standards adopted by the Authority for a specific
airport will automatically be incorporated into each lease in
order to ensure the level of public service is of a high quality,
consistent with the goals of the Authority. Remedy clauses will
be included in all lease agreements for inadequate performance,
the quality of which will be determined solely by the Authority.
The tenant and all representatives of the tenant musty always
deal in the utmost good faith with all members of the staff of
the Airport Authority, including its Executive Director. Failure
to always deal in the utmost good faith shall be grounds to
terminate the lease agreement.
Encumbrances
The Authority may permit a tenant to subordinate leasehold owned
improvements (NOT LAND) and financing purposes, with a mortgage
approved by the Authority. If such an arrangement is permitted
the mortgagee may be granted the right to cure any default
including the assumption of the lease. This encumbrance
provision will assist private investment in financing capital
improvements, protect the mortgagee's interest and does not
endanger the interest of the Authority. NOTICE: Obligations to
pay rent and charges to the Authority shall not be subordinated.
Indemnification and Insurance
The Authority may retain the services of a risk management firm
or expert on a periodic basis to assign standardized limits,
types and clauses concerning indemnification and insurance for
each identified lease /operating category.
Taxes
Federal, state or local taxes not paid may be deemed sufficient
cause to cancel or terminate the lease.
Rules and Regulations
Airport rules and regulations shall be a part of each lease. A
violation of any airport rule or regulation may be deemed
sufficient cause for lease cancellation or termination by the
Airport Authority.
Appraisals
Appraisals may be used for determining the Fair Market Value
(FMV) of the highest and best use of land and /or facilities the
airport leases. Appraisals shall be conducted by certified
general appraisers. The Authority shall make the selection of
the firm to conduct the work but may endeavor to seek
reimbursement from the tenant of the appraised property. Once an
appraisal is conducted for land and /or facilities, the Authority
Airport Leasing Policy
may apply the appraisal on other similar land and /or facilities
for up to three (3) years. If three years have lapsed since an
appraisal has been conducted, a new appraisal for that category
may be conducted if it is determined that the prior appraisal is
out of date. In lieu of appraisals the Authority may, at its
option, apply airport industry standards for determining the FMV
of granting privileges and leasing land and /or facilities for
aviation related or airport support agreements.
Solicitation for Available Lease Space
When only one facility is available for lease, the Executive
Director shall solicit interest to lease said space in an Airport
Authority approved newspaper, magazine or other publication.
When more than one (1) entity is interested in leasing said
facility, the Airport Authority Chairman may establish an ad -hoc
committee to select which entity staff is to negotiate an
agreement with for the one then available facility.
Variance
Prospective tenants who cannot meet the criteria identified in
this leasing policy may make application for variance through the
Authority's Executive Director on forms to be provided. Upon
reviewing justification for such application the Authority may
grant a variance by affirmative vote of five or more members
during one voting session. Variances are not favored and there
must exist compelling reasons for the granting of any variance.
The basis for the variance must always be beyond the control of
the applicant for the variance. Economic hardship shall never be
a valid basis upon which to grant any variance.
Applications to Conduct Operations
Prospective tenants may be required to complete an application to
conduct operations from the airport.
Due Diligence Review
Prospective tenants are subject to due diligence review at the
Authority's option including, but not limited to, financial and
criminal background checks. The scope of such checks can be as
broad as those conducted by the Collier County Public Vehicle
Advisory Committee and /or the Contractors' Licensing Board. The
Authority may refer to those Ordinances regarding the scope of
such checks. Poor credit history is grounds for denial of
processing a lease application. Staff may require a performance
bond and /or payment bond. Said performance bond and /or payment
bond shall be approved by the Collier County Airport Authority.
Performance Bonds
Each tenant who enters into an agreement may be required to
provide the Authority with a surety bond in a sum equal to at
least one year's rental. In lieu of a surety bond, a tenant may
be permitted to deposit with the Authority an amount equal to one
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Airport Leasing Policy
year's rental. Such money shall be deposited in an interest
bearing trust account. The requirement of a bond permits the
Authority to recover damages in the event the tenant is in
default. The bond or deposit serves in lieu of a lien by the
Authority on the tenant's leasehold interest and is not
objectionable from the standpoint of mortgage financing. In
addition to rental deposits, construction performance bonds may
be required.
Relocation of Improvements
To protect the long -term interest of the airport and tenants the
Authority retains the right to relocate or replace a tenant's
improvements at another location in the event property is
required for developing or expansion purposes.
Zoning
All leases shall remain consistent with the airport master plan,
airport development standards, and the airport land use plan as
well as the Collier County Comprehensive Land Use Plan.
Annual CPI - Escalation Languages
The rent may be annually adjusted by CPI, percentages or by
appraisal. Said adjustments shall be negotiated on a lease -by-
lease basis and shall be specified in the respective lease.
Gross Receipts Language
Gross receipts as used herein shall be construed to mean the
aggregate dollar amount of all sales made and service performed
(whether for cash or credit, or otherwise) of every kind and
nature, together with the aggregate dollar amount of all exchange
goods, wares, merchandise and services for all property air
services, valued at the retail market price thereof, as if the
same had been sold for cash or for the fair and reasonable value
thereof, whichever is the greater, excluding only:
1. Refunds and discounts to customers, which have been included
in gross sales.
2. The amount of any sales, use and excise taxes levied upon
retail sales where such tax has been charged to the
customer.
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Airport Leasing Policy
Other Lease Provisions
This leasing policy does not include all of the provisions of
airport leases. Other provisions including, but not limited to,
the following may be included in airport agreements:
Use and Privileges
Obligations of Lessor
Maintenance
Concessions Excluded
Trade Fixtures
Notices
Hazardous Substances
Right to Develop Airport
Construction and Saving
Quiet Enjoyment
Means of access to the premises
Hangar Waiting List Policy
Document No. 1
Obligations of Lessee
Leased Area
Termination
Vending Machines
Government Inclusion
No liens
Waivers
Headings
Improvements
Arbitration
COLLIER COUNTY AIRPORT AUTHORITY
T- HANGAR WAITING LIST POLICY
FOR GENERAL AIRCRAFT T- HANGAR UNITS
Waiting List Process: The term "aircraft storage space ", as used throughout this policy shall
include:
A. General aircraft t- hangar units
B. Storage units
Applicants for aircraft storage space shall contact the Collier County Airport Authority
(CCAA) Finance Department to obtain the then current Hangar Reservation Form (Exhibit
A) (as may be amended from time -to- time). Applicants must complete the then current form,
return it to the Finance Department with a $200.00 non - refundable reservation fee per
aircraft, per reservation form. The Finance Department will place the applicant on a waiting
list in the order other reservation forms were received. Applicants who do not then own an
aircraft but plan to purchase one shall note this fact on the form. Application applicants must
be able to occupy an aircraft storage space with the specified, or similar, airworthy aircraft
within thirty (30) days of entering into a T- hangar License Agreement. Applicants have
fifteen (15) days from actual receipt of a CCAA notification of available hangar space to
enter into a T- hangar License Agreement.
2. Notification of Available Hangar Space:
When aircraft storage space becomes available (or when it become apparent that such space
will soon become available), such space will be offered to the applicants then on the hangar
waiting list on a "first come, first served" basis. Ranking is determined by date of actual,
physical receipt of a completed Hangar Reservation Form.
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Airport Leasing Policy
Applicants on the Hangar Waiting List shall be contacted by certified mail, return receipt
requested when hangar space becomes available or when it is apparent that such space will
soon become available. Applicants who have provided two (2) addresses on the form will be
mailed written notification at each such address. It is the applicant's responsibility to provide
updated mailing and type of aircraft information. When the Authority receives
correspondence that correctly addressed Notice is /was undeliverable to the applicant, the
Authority shall make one attempt to telephone the applicant at the then existing telephone
number then on file with the Authority. It shall be the responsibility of the applicant to keep
the Authority informed of the applicant's current (up- dated) telephone number. If staff is
unable to reach the applicant by phone (including applicant's phone service being
disconnected), the applicant will be removed from the list and the $200.00 non - refundable
reservation fee related to that space will be forfeited. Each Applicant who is provided written
notice of an available aircraft storage space and does not notify staff that the applicant will
accept the requested space will be removed from the waiting list. Non - response by the
applicant within fifteen (15) days from the date of postmark will be considered to have
declined to accept the space and will forfeit the $200 non- refundable fee.
3. Aircraft Storage Space definitions:
A. General Aircraft T- Hangars: These hangars have door openings width of forty-six
(46) feet or less. Ranking is based on applicant's position on the waiting list and can
accommodate either twin or single engine aircraft.
B. Storaee Units: These units are at the end of T- hangars and are for storing aircraft and or
related equipment. Ranking is based on applicant's position on the waiting list. Storage
units are limited to those persons who or entities who maintain a valid lease for a t- hangar
with the Authority.
4. License: Applicant has fifteen (15) days from postmarked notification to enter into an
agreement for a license, the term of which shall not exceed twelve (12) months. The license
shall include but is not limited to the following:
A. All aircraft stored in a CCAA hangar must be airworthy.
B. All hangars must be occupied by approved aircraft in accordance with this policy.
C. Rent shall be established by the Authority, which rent may be adjusted annually.
D. First and last months rent must be paid in advance.
E. License term will begin on the 1" or the 15`h day of the initial license month.
F. Sub - licensing is authorized subject to the following limitations and conditions:
1. Limited to a maximum of six (6) months in any one (1) year period.
2. Limited to people on the CCAA T- hangar waiting list for the corresponding
airport.
3. Sub - license must be in accordance with the CCAA T- hangar waiting list policy.
4. Sublicense must be approved by the Authority.
G. The storage of anything other than aircraft, equipment appurtenant to aircraft, vehicles
of owners or passenger during flight is not permitted without the express written
consent of the Authority.
I. Acceptable proof of aircraft ownership is required. Ownership is defined as owning a
minimum of 25% interest in an aircraft or having a fully executed lease for an aircraft.
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Airport Leasing Policy
Emergency Situations: In the event of an emergency, (e.g. hurricane) any vacant hangar is
subject to aircraft temporary occupancy at the discretion of the Executive Director provided
such occupancy is to protect the aircraft from potential exposure to loss or damage because
of the emergency.
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Airport Leasing Policy
COLLIER COUNTY AIRPORT AUTHORITY
HANGAR RESERVATION FORM
Name:
Local Address:
Local Phone:
Other Address:
Other Phone:
Aircraft Type:
Aircraft T- Number:
* Aircraft Classification: Cabin Class:
Twin:
General:
Storage:
( *See policy for classification)
Date:
FOR COLLIER COUNTY AIRPORT AUTHORITY USE ONLY
1.
2.
3.
4.
5.
Date received
$200.00 fee collected _
Waiting list position #
Aircraft Classification:
Proof of Ownership: _
Notes:
Document No. 2
Date
—14—
Airport Leasing Policy
COLLIER COUNTY AIRPORT AUTHORITY
AIRCRAFT T- HANGAR WAITING LIST POLICY
FOR SPECIALTY AIRCRAFT HANGARS
2. Waiting List Process: The term "aircraft storage space ", as used throughout shall include:
A. Cabin Class Aircraft t- hangar units
B. Twin aircraft t- hangar Units C. Bulk Storage Hangar Applicants for aircraft storage space
shall contact the Collier County Airport Authority (CCAA) Finance Department to obtain a
then current Hangar Reservation Form (Exhibit A). Applicants must complete the form,
return it to the Finance Department with a $200.00 non- refundable reservation fee per
aircraft, per reservation form. The Finance Department will place the applicant on a waiting
list in the order reservation forms are received. Applicants who do not then own an aircraft
but plan to purchase one shall note this fact on the form. Application applicants must be able
to occupy an aircraft storage space with the specified, or similar, airworthy aircraft within
thirty (30) days of entering into a T- hangar License Agreement. Applicants have fifteen (15)
days from actual receipt of a CCAA notification of available hangar space to enter into a T-
hangar License Agreement.
2. Notification of Available Hangar Space:
When aircraft storage space becomes available (or when it become apparent that such space
will soon become available), such space will be offered to the applicants on the hangar
waiting list on a "first come, first served" basis. Ranking is determined by date of receipt of a
completed then current Hangar Reservation Form,
A. Type of aircraft storage space available
B. Type of aircraft on reservation form
C. Date of receipt of reservation form
Applicants on the Hangar Waiting List shall be contacted by certified mail, return receipt
requested when hangar space becomes available or when it is apparent that such space will
soon become available. Applicants who have provided two (2) addresses on the form will be
mailed written notification to each such address. It is the Applicant's responsibility to
provide updated mailing and class of aircraft information. When the Authority receives
correspondence that correctly addressed Notice is /was undeliverable to the applicant, the
Authority shall make one attempt to telephone the applicant at the then existing telephone
number on file with the Authority. It shall be the responsibility of the applicant to keep the
Authority informed of the applicant's current (up- dated) telephone number. If staff is unable
to reach the applicant by phone (including applicant's phone service being disconnected), the
applicant will be removed from the list and the $200.00 non - refundable reservation fee
related to that space will be forfeit. Each applicant who is provided written notice of an
available aircraft storage space and does not notify staff that the applicant will accept the
requested space will be removed from the waiting list. Non - response by the applicant within
fifteen (15) days from the date of post mark will be considered to have declined to accept the
space and will forfeit the $100 non - refundable fee.
3. Aircraft Storage Space Classifications and definitions:
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Airport Leasing Policy
B. Cabin Class Aircraft T- Hangar Units: These hangars have door openings of fifty -five
(55) feet or wider. These hangars include a right of first refusal on a Storage Unit if the
waiting list for Storage Units is depleted at the time of acceptance of the space.
Ranking is as follows:
I. Jet
II. Twin Turbo prop aircraft
III. Turbo prop aircraft
IV. Piston twin
Qualifying aircraft must have a passenger isle, separate passenger door (other than pilot
or co -pilot doors) and air conditioning. Aircraft in this classification include but are not
limited to the following:
JET TWIN TURBO -PROP
TURBO -PROP
PISTON
Jets excluding Beechcraft King Air
TBM 700
Beechcraft Duke
Military jets Beechcraft Queen Air
Caravan
Cessna 340
Cessna Conquest
Pilatus PC -12
Cessna 402
Piper Cheyenne
Cessna 414
Cessna 421
Piper Chieftan
Piper Navajo
B. Twin Aircraft T- Hangar Units: These hangars have door openings width of forty-
seven (47) feet to fifty -four (54) feet. Ranking is as follows:
I. Jet
II. Twin turbo prop aircraft
III. Turbo prop aircraft
IV. Piston twin
V. Single Engine piston (too large to occupy a General Aircraft T- Hangar)
C. Bulk Storage: For multiple aircraft or aircraft that are too large to be accommodated by
any of the other three (3) hangar types.
D. Storage Units: These units are at the end of T- hangars and are for storing aircraft and or
related equipment. Ranking is based on Applicant's position on the waiting list. Storage
units are limited to those persons or entities who maintain a valid lease for a t- hangar
with the Authority.
4. Hangar Availability: The Authority may from time to time construct four (4) types of
Specialty aircraft storage space as follows:
A. Cabin class
B. Twin Aircraft
C. Bulk Storage
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Airport Leasing Policy
As such T- hangars are constructed, the Authority shall designate each T- hangar unit
classification on a case -by -case basis. Hangar door width per classification may be adjusted
on case -by -case basis. After the Authority establishes the classification of each unit (i.e.
"cabin class ", twin, or bulk storage), Authority staff shall attempt to fill each unit with the
proper aircraft classification by rank as outlined in this policy. For example: If the Authority
constructs a six (6) unit T- hangar and designates one (1) unit as "Cabin Class," two (2) units
as "Twin," the Cabin Class unit would be filled by going down the waiting list and contacting
the first eligible aircraft owner owns a Cabin Class aircraft and then the Twin hangars would
be filled in the same manner.
5. License: Applicant has fifteen (15) days from postmarked notification to enter into an
agreement for a license, the term of which shall not exceed twelve (12) months. The license
shall include but is not limited to the following:
A. All aircraft stored in a CCAA hangar must be airworthy.
B. All hangars must be occupied by approved aircraft in accordance with this policy
C. Rent shall be established by the Authority, which may be adjusted annually.
D. First and last months rent must be paid in advance.
E. License term will begin on the 1St or 15th day of the month.
F. Aircraft storage licensees shall receive a three percent (3 %) discount for pre - paying
their annual fee (October - September 30).
G. Sub - licensing is authorized subject to the following limitations and conditions:
1. Limited to a maximum of six (6) months in any one (1) year period.
2. Limited to people on the CCAA T- hangar waiting list for the corresponding
airport.
3. Sub - license must be in accordance with the CCAA T- hangar waiting list policy.
4. Sublicense must be approved by the Authority.
H. The storage of anything other than aircraft, equipment appurtenant to aircraft, vehicles
of owners or passenger during flight is not permitted without the express written
consent of the Authority.
I. Acceptable proof of aircraft ownership is required. Ownership is defined as owning a
minimum of 25% interest in an aircraft or having a fully executed lease for an aircraft.
6. Emergency Situations In the event of an emergency, (e.g. hurricane) any vacant hangar is
subject to aircraft temporary occupancy at the discretion of the Executive Director provided
such occupancy is to protect the aircraft from potential exposure to loss or damage because
of the emergency.
-17-
Airport Leasing Policy
COLLIER COUNTY AIRPORT AUTHORITY
HANGAR RESERVATION FORM
Name:
Date:
Local Address:
Local Phone:
Other Address:
Other Phone:
Aircraft Type:
Aircraft T- Number:
* Aircraft Classification:
Cabin Class:
Twin:
General:
Storage:
( *See policy for classification)
FOR COLLIER COUNTY AIRPORT AUTHORITY USE ONLY
5.
6.
7.
8.
5.
Date received
$200.00 fee collected _
Waiting list position #
Aircraft Classification:
Proof of Ownership: _
Notes:
Date
Airport Leasing Policy
SECTION III
RATE STRUCTURE
The Authority shall establish annual rates and charges to become effective every October
1 st to coincide with the Authority's fiscal year. The Executive Director shall use these rates and
charges as a guideline and base for negotiating agreements.
Deviations from the established rates and charges must be approved by the Authority.
-19-
Martha S. Ver ara 935794
From: S Mayhood <suezg05 @aol.com>
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry, for
undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation, flying, and
storage. Our use has never competed with the services provided on the airport, nor would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized lease to
sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colIiergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the issue
of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others that
provide services on the airport. The lease term that has been offered is consistent with other tenants who owned facilities
and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27,
2012 and if there are items that we cannot agree I will seek direction from the Board of County Commissioners. Please
provide me with a signed lease that was promised initially on January 12th or I will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(1M239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05Qaol.com]
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(d7colliergov.net>
To: S Mayhood <suezg05(c)aol.com>
Cc: ColettaJim <JimColettaCaDcolliergov.net >; WilliamsSteven <StevenWiIIiams ,colliergov.net >; BrueggemanDebra
<DebraBrueq„geman(a�-colliergov .net >; VergoThomas <ThomasVergo(C)collier oq v.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a)aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(c)colliergov.net>
To: S Mayhood <suezg05(cDaol.com>
Cc: ColettaJim <JimColetta(c'Dcollier oq v.net >; WilliamsSteven < StevenWilliams a- colliergov.net >; BrueggemanDebra
<DebraBrueggeman(a-)-colliergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14'h, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(d_)aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette(a7colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Vergara *35VZ?5'6
From: CurryChris
Sent: Tuesday, March 13, 2012 3:49 PM
To: VergoThomas
Subject: Lease area
Tom, could you send me the lease area sketch for Mayhood.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under Florida Law. e -mail addresses are public records If YOU do riot want Your e-mail address released in response to a public records request, do riot Send
electronic mail to this entity. Instead contact this office by telephone or In writing.
Martha S. Vergara�J`^ /
From: VergoThomas
Sent: Tuesday, March 13, 2012 3:51 PM
To: CurryChris
Subject: FW: Corky Mayhood Lease
Here they are, please let me know if you needed something different. I put both copies of the file on here (one with
notes, one without)
Thomas
From: VergoThomas
Sent: Thursday, January 05, 2012 3:31 PM
To: CurryChris
Subject: RE: Corky Mayhood Lease
Chris,
I reviewed the lease and did not see any issues related to the operation of the Airport.
Attached is a diagram that show the areas (shaded) that we are going to lease to Mr. Mayhood and another diagram
that has the lease dimensions of the areas we will lease him (in case you wanted to see the measurements).
Please let me know if you need anything else,
Thomas
Corky Lease Area Mayhood Lease
Diagram - Wit... Diagram.pdf
From: CurryChris
Sent: Tuesday, January 03, 2012 3:47 PM
To: VergoThomas
Subject: Corky Mayhood Lease
Tom, I have attached a final copy of the lease for Mr. Corky Mayhood. As you will see there is a blank page left to insert
a description of Exhibit A. What I need from you is a sketch of Exhibit A that shows the correct measurement for the
amount of acreage leased to Mr. Mayhood to be 2 acres. The property should include the exclusive ramp area leading
to his building and a depiction of area that covers 2 acres.
<< File: Corky Mayhood Lease Draft 3.docx >>
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under f lcmda I aw, e-rnwl addresses are public records. If you dc) not want your e-rnail address released in response, to a public records request do not seri(J
Oec,tionic rm,01 to this enhty. Instead, conlict this office by telephone or in wnting
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Martha S. Ver ara 5 73-5 - 2-
From: CurryChris
Sent: Tuesday, March 13, 2012 4:14 PM
To: BrueggemanDebra
Subject: FW: Corky Mayhood Lease
Chris Curry
Executive Director
Collier County Airport Authority
(W)239 -642 -7878 x35
(C) 239- 269 -3353
From: VergoThomas
Sent: Tuesday, March 13, 2012 3:51 PM
To: CurryChris
Subject: FW: Corky Mayhood Lease
Here they are, please let me know if you needed something different. I put both copies of the file on here (one with
notes, one without)
Thomas
From: VergoThomas
Sent: Thursday, January 05, 2012 3:31 PM
To: CurryChris
Subject: RE: Corky Mayhood Lease
Chris,
I reviewed the lease and did not see any issues related to the operation of the Airport.
Attached is a diagram that show the areas (shaded) that we are going to lease to Mr. Mayhood and another diagram
that has the lease dimensions of the areas we will lease him (in case you wanted to see the measurements).
Please let me know if you need anything else,
Thomas
From: CurryChris
Sent: Tuesday, January 03, 2012 3 :47 PM
To: VergoThomas
Subject: Corky Mayhood Lease
Tom, I have attached a final copy of the lease for Mr. Corky Mayhood. As you will see there is a blank page left to insert
a description of Exhibit A. What I need from you is a sketch of Exhibit A that shows the correct measurement for the
amount of acreage leased to Mr. Mayhood to be 2 acres. The property should include the exclusive ramp area leading
to his building and a depiction of area that covers 2 acres.
« File: Corky Mayhood Lease Draft 3.docx >>
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 259 -3353
Under Florida Law, e mail addresses are public records if you do not want your Fa -mail address ;elensed in response to <a public records request_ do riot send
electfonic mail to this entity. Instead contact this office by telephony or in writing.
2
Corky Lease Area
Mayhood Lease
Diagram - Wit...
Diagram.pdf
From: CurryChris
Sent: Tuesday, January 03, 2012 3 :47 PM
To: VergoThomas
Subject: Corky Mayhood Lease
Tom, I have attached a final copy of the lease for Mr. Corky Mayhood. As you will see there is a blank page left to insert
a description of Exhibit A. What I need from you is a sketch of Exhibit A that shows the correct measurement for the
amount of acreage leased to Mr. Mayhood to be 2 acres. The property should include the exclusive ramp area leading
to his building and a depiction of area that covers 2 acres.
« File: Corky Mayhood Lease Draft 3.docx >>
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 259 -3353
Under Florida Law, e mail addresses are public records if you do not want your Fa -mail address ;elensed in response to <a public records request_ do riot send
electfonic mail to this entity. Instead contact this office by telephony or in writing.
2
Martha S. Ver ara 35V-735�
From: CurryChris
Sent: Tuesday, March 13, 2012 4:26 PM
To: S Mayhood
Cc: ColettaJim; Williams5teven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I will send you an email copy of the final lease agreement shortly followed with a hard copy by mail. I can also
provide you with a hard copy when I visit Immokalee Airport tomorrow. As we discussed before, your lease
agreement cannot be for "anything having to do with aircraft maintenance, operation, flying, and storage ". That
description for the use of your property is too general in nature. It does not specify that you could not compete
with the services that the airport currently provide.
In addition and most importantly, your building is situated in a less than preferred location on the airport. The
Airport Authority has decided to renew your lease for your personal use because you have been a good
customer. The problem with your building location has always been access. Your building is located in the
middle of a preserve area and we have made provisions for you to get back and forth to your facility by using
the active taxiway. However, we do not want others to consistently use an active taxiway or cross an active
runway to access your location. Based on that dilemma, we would want to limit the use of your facility to
"aircraft maintenance, operation, flying and storage of your personal aircraft that are leased or owned ". In the
rare case that someone other than you would like to access your hangar permission must be granted by the
Airport Authority
The long term plan of the airport is to not have facilities that can only be accessed by taxiways or crossing
active runways by vehicular traffic. The proper way to provide access to facilities are by roads that vehicles can
use without coming in contact with aircraft. That is guidance recommended by the FAA.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry, for
undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation, flying, and
storage. Our use has never competed with the services provided on the airport, nor would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized lease to
sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: $ Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the issue
of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others that
provide services on the airport. The lease term that has been offered is consistent with other tenants who owned facilities
and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27,
2012 and if there are items that we cannot agree I will seek direction from the Board of County Commissioners. Please
provide me with a signed lease that was promised initially on January 12th or I will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg050)aol.com1
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
2
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(o.colliergov.net>
To: S Mayhood <suezg05(Qaol.com>
Cc: ColettaJim <JimColetta(cD-colliergov.net >; WilliamsSteven <StevenWilliams acolliergov .net >; BrueggemanDebra
<QebraBrueggeman(a)colliergov .net >; VergoThomas <ThomasVergo(o)-colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05(cDaol.com1
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry (aa)- colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta(a.colliergov.net >; WilliamsSteven <StevenWilliams(a-colliergov .net >; BrueggemanDebra
<DebraBrueggeman,7a colliergov.net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed cog of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05Ccr�,aol.coml
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: net
Subject: Immokalee Airport Lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Vergara
From:
To:
)dq-Mayhond_Lea
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
CurnxChhs
Tuesday, March 13' 2012 4:29 PM
VergoThomes
Please doa quick review
Under Florida Law, e-waif addresses are public iemds If you do not Wao your e mad address feleased in tespamse to a public records reqUeSt, do riot send
electfonic mad to this entity Instead. c-ontact this offif;e by telephane w n w6fing
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RR.CTTAi .C-
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub- Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
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Revised: March 13, 2012, CAO
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to operate , which use the Board of County
Commissioners, acting in its capacity as the Collier County Airport Authority, has found to be in
the public's interest. The Authority shall have the right to terminate this Sub -Lease should the
Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In the event
the Sub - Lessee shall cease to use the Premises for the purposes described above, and such
cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option of the
Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and the Sub -
Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice
of such termination. Provided, however, said sixty (60) day period shall be tolled if such
cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if such
cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
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Revised: March 13, 2012, CAO
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub- Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
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Revised: March 13, 2012, CAO
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
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Revised: March 13, 2012, CAO
18. Assiamnent. Sub- Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and /or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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
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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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
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Revised: March 13, 2012, CAO
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 1" day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations. The Sub - 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
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Revised: March 13, 2012, CAO
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
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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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub - 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 Sub - Lessee shall use the Sub - 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
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Revised: March 13, 2012, CAO
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
By:
Witness (signature) Leroy W. Mayhood
(print name)
Witness (signature)
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Revised: March 13, 2012, CAO
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
Bv:
FRED W. COYLE, Chairman
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
Bv:
11
Revised: March 13, 2012, CAO
FRED W. COYLE, Chairman
12
Revised: March 13, 2012, CAO
X3
Martha S. Vergara 547355
From: CurryChris
Sent: Tuesday, March 13, 2012 4:33 PM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near future to determine a compromise that
works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry, for
undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation, flying, and
storage. Our use has never competed with the services provided on the airport, nor would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized lease to
sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colIiergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<Don naFiala@colliergov. net>; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the issue
of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others that
provide services on the airport. The lease term that has been offered is consistent with other tenants who owned facilities
and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27,
2012 and if there are items that we cannot agree I will seek direction from the Board of County Commissioners. Please
provide me with a signed lease that was promised initially on January 12`h or I will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05Ca)aol.com]
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a)colliergov.net>
To: S Mayhood <suezg05(a-)aol.com>
Cc: ColettaJim <JimColetta cr, colliergov.net >; WilliamsSteven < StevenWilliams (c)colliergov.net >; BrueggemanDebra
<DebraBrueggeman(a)colliergov .net >; VergoThomas <ThomasVergo(a)colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a)aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(o).colliergov.net>
To: S Mayhood <suezg05(a)-aol.com>
Cc: ColettaJim <JimColett acolliergov.net >; WilliamsSteven < StevenWilliams acolliergov.net >; BrueggemanDebra
<DebraBrueggeman(a)col Iiergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 281h and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a�aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette @colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Vergara
From: CurryChris
Sent: Tuesday, March 13, 2012 4:47 PM
To: BrueggemanDebra
Subject: Lease
�Vw"'
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)rky-Mayhood - Lea
Final,docx...
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-642-7878 x35
(C) 239-269-3353
Under Florida Law. e-mail addresses are public records, If YOU do riot want your e-mail address released in feSPOIISe to a Public records reqUeSl, do not Send
electronic rnail to this entity. Instead. contact this office by telephone or in writing.
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub- Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to operate , which use the Board of County
Commissioners, acting in its capacity as the Collier County Airport Authority, has found to be in
the public's interest. The Authority shall have the right to terminate this Sub -Lease should the
Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In the event
the Sub - Lessee shall cease to use the Premises for the purposes described above, and such
cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option of the
Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and the Sub -
Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice
of such termination. Provided, however, said sixty (60) day period shall be tolled if such
cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if such
cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
2
Revised: March 13, 2012, CAO
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
3
Revised: March 13, 2012, CAO
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
in
Revised: March 13, 2012, CAO
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and /or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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
Revised: March 13, 2012, CAO
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: March 13, 2012, CAO
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 1St day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations. The Sub - 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
7
Revised: March 13, 2012, CAO
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
Revised: March 13, 2012, CAO
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub - 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 Sub - Lessee shall use the Sub - 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
0
Revised: March 13, 2012, CAO
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
IM
Witness (signature)
(print name)
Witness (signature)
Leroy W. Mayhood
10
Revised: March 13, 2012, CAO
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
C
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
FRED W. COYLE, Chairman
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
Bv:
11
Revised: March 13, 2012, CAO
FRED W. COYLE, Chairman
12
Revised: March 13, 2012, CAO
Martha S. Vergara 73 57 .
From: BrueggemanDebra
Sent: Tuesday, March 13, 2012 4:58 PM
To: CurryChris
Subject: MayhoQcl Sub-Lease Agreement
Attachments: Mayhood Sub-Lease Agreement (March 2012).pdf
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SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1 st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
WITNESSETT3:
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to operate , which use the Board of County
Commissioners, acting in its capacity as the Collier County Airport Authority, has found to be in
the public's interest. The Authority shall have the right to terminate this Sub -Lease should the
Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In the event
the Sub - Lessee shall cease to use the Premises for the purposes described above, and such
cessation of use shall continue for a period of sixty (60) days, this Sub -Lease, at the option of the
Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and the Sub -
Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice
of such termination. Provided, however, said sixty (60) day period shall be tolled if such
cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if such
cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub -Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub- Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
3
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
14. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16, Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take, the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub -Lease, Authority
shall have the option of either requiring Sub- Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub- Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub- Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub -Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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
Revised: March 13, 2012, CAO Sub-Lease Agreement Three Mayhoods, LLC
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 Sub -
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 Sub - 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 Sub- Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 1" day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations. The Sub - 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
7
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite I
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub- Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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, Sub - 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 Sub -
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.
30. Force Maieure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub -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 Sub - Lessee shall use the Sub - 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 V1 of the Civil Rights Act of 1964, as said
9
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement maybe recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub- Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB- LESSEE:
By:
Witness (signature) Leroy W. Mayhood
(print name)
Witness (signature)
10
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By:
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
11
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
I O!
pp 0
0
0
0
0
1111F
Martha S. Vergara
From:
Sent:
To:
Subject:
Attachments:
As requested.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
CurryChris
Tuesday, March 13, 2012 5:39 PM
S Mayhood
RE: Immokalee Airport Lease
Mayhood Sub -Lease Agreement (March 2012).pdf
From: S Mayhood [mai Ito: suezg05 @aol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry, for
undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation, flying, and
storage. Our use has never competed with the services provided on the airport, nor would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized lease to
sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
1
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the issue
of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others that
provide services on the airport. The lease term that has been offered is consistent with other tenants who owned facilities
and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27,
2012 and if there are items that we cannot agree I will seek direction from the Board of County Commissioners. Please
provide me with a signed lease that was promised initially on January 12th or I will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood (mailto:suezg05(Qaol.com1
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(d�collier oq v.net>
To: S Mayhood <suezg05(a_aol.com>
Cc: ColettaJim <JimColetta(o)colliergov.net >; WilliamsSteven < StevenWilliams acolliergov.net >; BrueggemanDebra
<DebraBrueggemanacolliergov .net >; VergoThomas <ThomasVergo(cDcoIIiergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(cDaol.com1
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry�a colliergov.net>
To: S Mayhood <suezg05 (a)aol.com>
Cc: ColettaJim <JimColetta(d-)colliergov.net >; WilliamsSteven < StevenWilliams (a-)-colliergov.net >; BrueggemanDebra
<DebraBrueggeman(d-)colliergov. net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed cog of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood (mailto:suezg05(cDaol.com1
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: net
Subject: Immokalee Airport Lease
Mr. Curry
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1 st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub -Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub -Leased Premises, The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub -Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub -Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to operate , which use the Board of County
Commissioners, acting in its capacity as the Collier County Airport Authority, has found to be in
the public's interest. The Authority shall have the right to terminate this Sub -Lease should the
Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In the event
the Sub - Lessee shall cease to use the Premises for the purposes described above, and such
cessation of use shall continue for a period of sixty (60) days, this Sub -Lease, at the option of the
Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and the Sub -
Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice
of such termination. Provided, however, said sixty (60) day period shall be tolled if such
cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if such
cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
Revised. March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub- Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjo lent. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
14. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub- Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub -Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
18. Assignment. Sub- Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub- Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub- Lessee to perform or comply with any material covenant or
condition made under this Sub -Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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
5
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub- Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub- Lessee under this Sub -Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub- Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub- Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the I" day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations. The Sub - 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
7
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub -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
terns of this Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub- Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
8
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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,
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises,
32. Nondiscrimination Clause. The Sub - 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
Sub -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 Sub - Lessee shall use the Sub - 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
9
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement maybe recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub- Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub- Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB- LESSEE:
By:
Witness (signature) Leroy W. Mayhood
(print name)
Witness (signature)
10
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
AS TO THE AUTHORITY;
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
FRED W. COYLE, Chairman
11
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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Martha S. Vergara 493'-'5�' 73 59
From: HillerGeorgia
Sent: Tuesday, March 13, 2012 6:57 PM
To: RaineyJennifer
Subject: Fwd: Immokalee Airport Lease
Please forward to Steve Fletcher.
Thank you -
Georgia Hiller
Commissioner, District 2
Begin forwarded message:
From: CurryChris <ChrisCurry�ic, collier og v.net>
Date: March 13, 2012 4:33:16 PM EDT
To: S Mayhood <suezg05@aol.com>
Cc: ColettaJim <JimColettagcollier og v.net >, WilliamsSteven
< StevenWilliams na,colliergov.net >, BrueggemanDebra <DebraBrueggeman2collier og v.net >,
VergoThomas <ThomasVergo2collier og v.net >, FialaDonna <DonnaFialancollier og v.net >,
HillerGeorgia <GeorgiaHiller(2collier og_ v.net >, HenningTom <TomHenning((u,collier og�v.net >,
CoyleFred <FredCoyle(a,collier ogov_.net>
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near future to determine a
compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: Colettalim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia;
HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr.
Curry, for undisclosed reasons, are not providing a renewal option. Please let it be known that we will
continue to seek a renewal option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance,
operation, flying, and storage. Our use has never competed with the services provided on the airport, nor
would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a
finalized lease to sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a.colliergov.net>
To: S Mayhood <suezg05(cbaol.com>
Cc: ColettaJim <JimColetta(cDcollieraov.net >; WilliamsSteven < StevenWilliams ca'2colliergov.net >;
BrueggemanDebra <DebraBrueg_gemana).colIiergov .net >; VergoThomas
<ThomasVergo(o)colliergov.net >; FialaDonna <DonnaFiala(a)_colliergov.net >; HillerGeorgia
< GeorgiaHiller (d,)colliergov.net >; HenningTom <Tom Henning acolliergov.net >; CoyleFred
<FredCoyle(cDcol liergov. net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in
existence since 1994. As previously mentioned, we have been in negotiation for the past year and it was
my understanding that the issue of renewal was resolved. I have asked on several occasions that you
define the use of your facility and you have not. The airport is the FBO and we want to ensure that your
hangar use does not compete with the airport or others that provide services on the airport. The lease
term that has been offered is consistent with other tenants who owned facilities and lease land at the
Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27, 2012
and if there are items that we cannot agree I will seek direction from the Board of County
Commissioners. Please provide me with a signed lease that was promised initially on January 12th or I
will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a)aol.com]
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia;
HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr, Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to
the FAA Airport Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years
are acceptable. Please see section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is
normally negotiated prior to signing a lease, not after. We have been cooperative over the years with the
Airport. We gave up acres from our land lease when they said they needed the land and also gave up
our right to sell fuel. We are asking for a renewal option to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation,
flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists,
please send one to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCur[ya-colliergov.net>
To: S Mayhood <suezg05CcD-aol.com>
Cc: ColettaJim <JimColetta(a-),colliergov.net >; WilliamsSteven < StevenWilliams (a)colliergov.net >;
BrueggemanDebra <DebraBrueggemant7a colliergov. net >; VergoThomas <ThomasVergoCccollier oq vnet>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I
thought we were very clear that only two items were left for discussion. Unfortunately, any option to renew
this lease is not one that I will support. The two remaining items were allowing you to remove the
building 120 days after your lease expiration and for you to identify the use. I was a little confused that
the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is
only because you are a valued tenant that the airport considered a new lease for 10 years accompanied
by your structural engineering report. This lease term is consistent with other tenants on the airside of the
airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on
the Board of County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease
on the agenda will either be in the form of a signed lease agreement or I will seek direction from the BCC
as to how they would like me to proceed with the understanding that we do not have a signed lease
agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(M239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(aD-aol.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one
hundred thousand dollars plus ($100,000) financial commitment on our part. It is important that we
consider all aspects of the lease before signing. After reviewing the latest draft, we are in acceptance of
the terms but would like to add a renewal clause to the lease. We have already provided you with a
structural engineering report, dated September 8, 2011, stating that our building has a life expectancy of
over thirty (30) years remaining. We have been a long -term tenant of the Immokalee Airport (since 1996)
and look forward to extending our stay. We feel a lease without a renewal clause decreases the current
and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to
the lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current
lease. We take our commitment to the Immokalee Airport very seriously and look forward to signing a
lease. If you have any questions, please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(d)colliergov.net>
To: S Mayhood <suezg05(a)aol.com>
Cc: ColettaJim <JimColetta cDcolliergov.net >; WilliamsSteven < StevenWilliams (cDcolliergov.net >;
BrueggemanDebra < DebraBrueggeman (a.colliergov.net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with
the Collier County Airport Authority expired in March 2010. We have been negotiating your lease for
almost one year and we must now bring this to a close. As indicated in your last email, we met on
December 28th and established a goal to have the lease signed with the Airport Authority by January 12,
2012. On January 10th, you requested an additional month for your attorney to review. We are almost 7
weeks past your requested date and the Airport Authority is not in receipt of a signed lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copy of
your lease by March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past
March 30th. It is not in the best interest of the county to allow you as a tenant to operate at length without
an approved lease. If you have any questions you may contact me by email or my telephone number
listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezgO5(@aol.com1
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolettetu7collier oq vnet
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the
Board of County Commissioners for approval on January 24, 2012. 1 just received the new draft in the
mail today and will need time for my attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am
diligently working on getting the information that I need and would like to have a lease signed as soon as
possible. Please call or reply with any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Veraara 3 5 4k 7 3
From: S Mayhood <suezg05 @aol.com>
Sent: Wednesday, March 14, 2012 12:44 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were in place, therefore the Airport accepted
and approved the fact that crossing runways by vehicle to access the building would occur. For over 20 years now, we
have been crossing the runways with caution and without incident. However, we acknowledge and understand the safety
concerns the Airport may have dealing with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like the main entrance to the Airport. The
Airport can easily provide access for us to our building by installing a key pad on one of the existing gates and eliminate
the need to cross runways. Many years ago, we frequently used the gate with the entrance by the fire department, but
was instructed by the Airport not to use that gate, therefore we no longer do.
We can adjust our use to, anything having to do with aircraft maintenance, operation, flying, and storage, so long as it
doesn't compete with services currently provided by the Airport." Would you like to further discuss the use of our building
in person or via email? If you would like to meet, we would be available to meet at the Airport in Immokalee on the
morning of March 22nd, 26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWiIliams @colIiergov.net >; BrueggemanDebra
< DebraBrueggeman @colIiergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near future to determine a compromise that
works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezgO5aaol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry, for
undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation, flying, and
storage. Our use has never competed with the services provided on the airport, nor would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized lease to
sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(o-)-colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta(cDcolliergov.net >; WilliamsSteven < StevenWilliams (d-)colliergov.net >; BrueggemanDebra
<DebraBrueg„ eq man(i)colliergov.net >; VergoThomas <ThomasVergoacolIiergov.net >; FialaDonna
<DonnaFiala(a)collier oq v net >; HillerGeorgia <GeorgiaHiller acollier oq_v.net >; HenningTom
<TomHenningacolliergov.net >; CoyleFred <FredCovleaC,.collier_ oq v.net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in existence since
1994. As previously mentioned, we have been in negotiation for the past year and it was my understanding that the issue
of renewal was resolved. I have asked on several occasions that you define the use of your facility and you have
not. The airport is the FBO and we want to ensure that your hangar use does not compete with the airport or others that
provide services on the airport. The lease term that has been offered is consistent with other tenants who owned facilities
and lease land at the Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27,
2012 and if there are items that we cannot agree I will seek direction from the Board of County Commissioners. Please
provide me with a signed lease that was promised initially on January 12th or I will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(M239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05(Qaol.com1
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to the FAA Airport
Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years are acceptable. Please see
section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is normally negotiated
prior to signing a lease, not after. We have been cooperative over the years with the Airport. We gave up acres from our
land lease when they said they needed the land and also gave up our right to sell fuel. We are asking for a renewal option
to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation, flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists, please send one
to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurrrvCa)collier oq v net>
To: S Mayhood <suezg05 a.aol.com>
Cc: ColettaJim <JimColettaa- colliergov.net >; WilliamsSteven <StevenWilliamsa- colliergov .net >; BrueggemanDebra
<DebraBrueggeman a- colliergov .net >; VergoThomas <ThomasVergoacolliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I thought we were
very clear that only two items were left for discussion. Unfortunately, any option to renew this lease is not one that I will
support. The two remaining items were allowing you to remove the building 120 days after your lease expiration and for
you to identify the use. I was a little confused that the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is only because you
are a valued tenant that the airport considered a new lease for 10 years accompanied by your structural engineering
report. This lease term is consistent with other tenants on the airside of the airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on the Board of
County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease on the agenda will either be in
the form of a signed lease agreement or I will seek direction from the BCC as to how they would like me to proceed with
the understanding that we do not have a signed lease agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a-)ao1.com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one hundred thousand
dollars plus ($100,000) financial commitment on our part. It is important that we consider all aspects of the lease before
signing. After reviewing the latest draft, we are in acceptance of the terms but would like to add a renewal clause to the
lease. We have already provided you with a structural engineering report, dated September 8, 2011, stating that our
building has a life expectancy of over thirty (30) years remaining. We have been a long -term tenant of the Immokalee
Airport (since 1996) and look forward to extending our stay. We feel a lease without a renewal clause decreases the
current and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to the
lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current lease. We take
our commitment to the Immokalee Airport very seriously and look forward to signing a lease. If you have any questions,
please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(_colliergov.net>
To: S Mayhood <suezg05(a.aol.com>
Cc: ColettaJim <JimColetta(o)colliergov.net >; WilliamsSteven < StevenWilliams a- colliergov.net >; BrueggemanDebra
<DebraBrueg„g_eman(o-)-collier oct v.net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with the Collier
County Airport Authority expired in March 2010. We have been negotiating your lease for almost one year and we must
now bring this to a close. As indicated in your last email, we met on December 28th and established a goal to have the
lease signed with the Airport Authority by January 12, 2012. On January 10th, you requested an additional month for your
attorney to review. We are almost 7 weeks past your requested date and the Airport Authority is not in receipt of a signed
lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copX of your lease by
March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past March 30 . It is not in the best
interest of the county to allow you as a tenant to operate at length without an approved lease. If you have any questions
you may contact me by email or my telephone number listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05Ca)aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: iimcoletteCa)colliergov.net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the Board of County
Commissioners for approval on January 24, 2012. 1 just received the new draft in the mail today and will need time for my
attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am diligently working
on getting the information that I need and would like to have a lease signed as soon as possible. Please call or reply with
any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Ver ara � 5y-
�
9 T
From: CurryChris
Sent: Wednesday, March 14, 2012 3:42 PM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I can
accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 __aol.com>
To: CurryChris <ChrisCurrya)collier_ oq_v.net>
Cc: ColettaJim <JimColetta _collier oq v_net >, WilliamsSteven < StevenWilliams (a-)colliergov.net >, BrueggemanDebra
<DebraBrueggeman( - colliergov .net >, VergoThomas <ThomasVergoacolliergov.net >, FialaDonna
<DonnaFiala colliergov.net >, HillerGeorgia <GeorgiaHiller colliergov.net >, HenningTom
<TomHenning(o )colliergov.net >, CoyleFred <FredCoyle (a)- colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were in place, therefore the Airport accepted
and approved the fact that crossing runways by vehicle to access the building would occur. For over 20 years now, we
have been crossing the runways with caution and without incident. However, we acknowledge and understand the safety
concerns the Airport may have dealing with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like the main entrance to the Airport. The
Airport can easily provide access for us to our building by installing a key pad on one of the existing gates and eliminate
the need to cross runways. Many years ago, we frequently used the gate with the entrance by the fire department, but
was instructed by the Airport not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance, operation, flying, and storage, so long as it
doesn't compete with services currently provided by the Airport." Would you like to further discuss the use of our building
in person or via email? If you would like to meet, we would be available to meet at the Airport in Immokalee on the
morning of March 22nd, 26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a-) colliergov.net>
To: S Mayhood <suezg05(a)-ao1.com>
Cc: ColettaJim <JimColetta(- )colliergov.net >; WilliamsSteven <StevenWilliamsacolliergov .net >; Brueggemanpebra
<DebraBrueggeman(cD-collier ov.net >; VergoThomas <ThomasVergo(c-colliergov.net >; FialaDonna
<DonnaFialaacolliergov.net >; HillerGeorgia < GeorgiaHillera- colliergov.net >; HenningTom
<Tom Henn ing(ocolliergov.net >; CoyleFred <FredCovle(d.)coIIiergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near future to determine a compromise
that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05naol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom;
CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr. Curry,
for undisclosed reasons, are not providing a renewal option. Please let it be known that we will continue to seek
a renewal option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance, operation,
flying, and storage. Our use has never competed with the services provided on the airport, nor would that ever
be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a finalized
lease to sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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 regUe t, clo not send
electronic mail to this entity. Instead, contact this office by telephone or it) writing
Martha S. Vergara
From:
Sent:
To:
Subject:
Let's discuss -
Thank you,
Georgia Hiller
Commissioner, District 2
Begin forwarded message:
HillerGeorgia
Wednesday, March 14, 2012 11:25 PM
KlatzkowJeff
Fwd: Immokalee Airport Lease
From: S Mayhood <suezg05 e,aol.com>
Date: March 14, 2012 12:43:58 PM EDT
4'! 3sY- 73 l,2
To: CurryChris <ChrisCurry(a�colliergov.net>
Cc: ColettaJim <JimColettagcollier of v.net>, WilliamsSteven
<StevenWilliamskcollier o� >, BrueggemanDebra <DebraBrueg eman !collier ov.net >,
VergoThomas <ThomasVergokcollier og v net >, FialaDonna <DonnaFialagcollier og v net >,
HillerGeorgia <Geor iaHiller ,collier ov.net>, HenningTom <TomHenning@collier ogw.net >,
CoyleFred iergov. o>
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were in place, therefore the
Airport accepted and approved the fact that crossing runways by vehicle to access the building would
occur. For over 20 years now, we have been crossing the runways with caution and without
incident. However, we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side of the runways as our
building, but these gates do not have key pad entry like the main entrance to the Airport. The Airport can
easily provide access for us to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the gate with the entrance by
the fire department, but was instructed by the Airport not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance, operation, flying, and storage,
so long as it doesn't compete with services currently provided by the Airport." Would you like to further
discuss the use of our building in person or via email? If you would like to meet, we would be available to
meet at the Airport in Immokalee on the morning of March 22nd, 26th, or 28th. We look forward to
hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(Qcolliergov.net>
To: S Mayhood <suezg05(a-)_aol.com>
Cc: ColettaJim <JimColetta(a)-colliergov.net >; WilliamsSteven <StevenWilliamsa- colliergov .net >;
BrueggemanDebra <DebraBrueggeman(a_colIiergov .net >; VergoThomas
<ThomasVergoacolliergov.net >; FialaDonna <DonnaFialaacolliergov.net >; HillerGeorgia
<GeorgiaH illeracolliergov. net>; HenningTom <Tom Henn inga-colliergov.net >; CoyleFred
<FredCoyle a colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near future to determine a
compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(M239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 .aol.com]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia;
HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy
Apparently, we have to accept the fact that after requesting a renewal period on our lease that you, Mr
Curry, for undisclosed reasons, are not providing a renewal option. Please let it be known that we will
continue to seek a renewal option in the future.
As stated in an earlier email, our hanger is used for anything having to do with aircraft maintenance,
operation, flying, and storage. Our use has never competed with the services provided on the airport, nor
would that ever be our intention.
We currently have an incomplete draft which you provided for review, but I have not been given a
finalized lease to sign. Please send a completed lease so we can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurrya- colliergov.net>
To: S Mayhood <suezg05(a-)_aol.com>
Cc: ColettaJim <JimColetta colliergov.net >; WilliamsSteven < StevenWilliams (d-)colliergov.net >;
BrueggemanDebra <DebraBrueggemana- colliergov .net >; VergoThomas
2
<ThomasVeraoCa)colliergov.net >; FialaDonna <DonnaFiala6a colliergov.net >; HillerGeorgia
<Georg iaH illerCo)colliergov. net>; HenningTom <TomHenninq @.colliergov.net >; CoyleFred
<FredCoyle(a)col liergov. net>
Sent: Tue, Mar 13, 2012 11:49 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
I have attached a copy of the leasing policy for the airport that applies to your facility that has been in
existence since 1994. As previously mentioned, we have been in negotiation for the past year and it was
my understanding that the issue of renewal was resolved. I have asked on several occasions that you
define the use of your facility and you have not. The airport is the FBO and we want to ensure that your
hangar use does not compete with the airport or others that provide services on the airport. The lease
term that has been offered is consistent with other tenants who owned facilities and lease land at the
Immokalee Regional Airport. As I have stated, your lease will be on the board agenda for March 27, 2012
and if there are items that we cannot agree I will seek direction from the Board of County
Commissioners. Please provide me with a signed lease that was promised initially on January 12t" or I
will move forward without it. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 aol.com)
Sent: Tuesday, March 13, 2012 9:45 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia;
HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since our last meeting it was brought to my attention the importance of a renewal option. According to
the FAA Airport Compliance Manual (order 5190.6M) long -term leases and renewals up to fifty (50) years
are acceptable. Please see section 12.3.b(3) of the Compliance Manual:
(3). Term. Does the term exceed a period of years that is reasonably necessary to amortize a
tenant's investment? Does the lease provide for multiple options to the term with no increased
compensation to the sponsor? Most tenant ground leases of 30 to 35 years are sufficient to retire
a tenant's initial financing and provide a reasonable return for the tenant's development of major
facilities. Leases that exceed 50 years may be considered a disposal of the property in that the
term of the lease will likely exceed the useful life of the structures erected on the property. FAA
offices should not consent to proposed lease terms that exceed 50 years.
I am confused as to why you are not allowing a renewal option in the lease. This is an item that is
normally negotiated prior to signing a lease, not after. We have been cooperative over the years with the
Airport. We gave up acres from our land lease when they said they needed the land and also gave up
our right to sell fuel. We are asking for a renewal option to protect our financial investment in the building.
Our use can accurately be described as, "anything having to do with aircraft maintenance, operation,
flying, and storage ",
We have not been provided with a lease manual as mentioned in section 21 of the lease. If one exists,
please send one to me so that I may review it.
Please let me know when a lease is ready to sign.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(cDcolliergov.net>
To: S Mayhood <suezg05(a-)_ao1.com>
Cc: ColettaJim <JimColetta(aD-colliergov.net >; WilliamsSteven < StevenWilliams (c-),colliergov.net >;
BrueggemanDebra <DebraBrueggemanacolIiergov .net >; VergoThomas <ThomasVergo(c)colliergov.net>
Sent: Mon, Mar 12, 2012 1:28 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Thanks for your reply. We have been negotiating this lease for almost a year and at the last meeting I
thought we were very clear that only two items were left for discussion. Unfortunately, any option to renew
this lease is not one that I will support. The two remaining items were allowing you to remove the
building 120 days after your lease expiration and for you to identify the use. I was a little confused that
the lease term has become an item of discussion again.
You are certainly welcome after this new lease to discuss additional time with Airport Management. It is
only because you are a valued tenant that the airport considered a new lease for 10 years accompanied
by your structural engineering report. This lease term is consistent with other tenants on the airside of the
airport who are the owners of their facilities.
As mentioned in my previous email and certified letter, I am prepared to place your lease agreement on
the Board of County Commissioners (BCC) agenda for March 27, 2012. The placement of your lease
on the agenda will either be in the form of a signed lease agreement or I will seek direction from the BCC
as to how they would like me to proceed with the understanding that we do not have a signed lease
agreement. If you have any questions please let me know. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05(cD_aol; com]
Sent: Friday, March 09, 2012 6:05 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra
Subject: Re: Immokalee Airport Lease
Mr. Curry,
I received your certified letter in the mail. The lease that we are negotiating is a ten (10) year and one
hundred thousand dollars plus ($100,000) financial commitment on our part. It is important that we
consider all aspects of the lease before signing. After reviewing the latest draft, we are in acceptance of
the terms but would like to add a renewal clause to the lease. We have already provided you with a
structural engineering report, dated September 8, 2011, stating that our building has a life expectancy of
over thirty (30) years remaining. We have been a long -term tenant of the Immokalee Airport (since 1996)
and look forward to extending our stay. We feel a lease without a renewal clause decreases the current
and future value of the building. I would ask that you add a renewal clause with a ten (10) year option to
the lease. Once this is complete, please let me know and we can meet to sign the lease immediately.
During this negotiation period, we have been paying rent and following Airport rules as if under a current
lease. We take our commitment to the Immokalee Airport very seriously and look forward to signing a
lease. If you have any questions, please call me at 239 - 872 -8224.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @.colliergov.net>
To: S Mayhood <suezg05Ca.aol.com>
Cc: ColettaJim <JimColettaa- colliergov.net >; WilliamsSteven < StevenWilliams a- colliergov.net >;
BrueggemanDebra < DebraBrueggeman (a)-colliergov.net>
Sent: Tue, Feb 28, 2012 9:57 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, how are you today? I will be following up this email with a certified letter. Your lease with
the Collier County Airport Authority expired in March 2010. We have been negotiating your lease for
almost one year and we must now bring this to a close. As indicated in your last email, we met on
December 28th and established a goal to have the lease signed with the Airport Authority by January 12,
2012. On January 10th, you requested an additional month for your attorney to review. We are almost 7
weeks past your requested date and the Airport Authority is not in receipt of a signed lease.
I hope this serves as a helpful reminder that your lease is now due. If I do not receive a signed copy of
your lease by March 14th, I will ask the board to not allow you to operate on the Immokalee Airport past
March 30th. It is not in the best interest of the county to allow you as a tenant to operate at length without
an approved lease. If you have any questions you may contact me by email or my telephone number
listed below.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a)-aol.com]
Sent: Tuesday, January 10, 2012 2:26 PM
To: CurryChris
Cc: jimcolette(c� collier ocL v. net
Subject: Immokalee Airport Lease
Mr. Curry:
At our last meeting, on December 28, 2011, we agreed that my lease would be able to go before the
Board of County Commissioners for approval on January 24, 2012. 1 just received the new draft in the
mail today and will need time for my attorney to review it.
At this time, I would ask that we would be able to extend our lease negotiations for another month. I am
diligently working on getting the information that I need and would like to have a lease signed as soon as
possible. Please call or reply with any questions.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
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.
Martha S. Vergara
4f95173
From:
S Mayhood <suezg05 @aol.com>
Sent:
Thursday, March 15, 2012 9:04 AM
To:
CurryChris
Cc:
ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject:
Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov. net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
2
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
3
Martha S. Vergara q 73
From: BrueggemanDebra
Sent: Thursday, March 15, 2012 9:22 AM
To: CurryChris
Subject: Mayhood Sub-Lease
Attachments: Mayhood Sub-Lease Agreement (March 2012).pdf
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239-642-7878 &xt. 34
Under Florida Law. e -mail arldfesses, are public records If you do not want Your e-rllatl adores s ieleased in response to a public records request, do n (it send
electronic mail to this entity, Instead contact this office by telephone or in wnhng
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1 st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub- Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub -Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance_ The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anything associated with aircraft maintenance, storage, and
operation of aircraft for personal use or aircraft leased by the Sub - Lessee, which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
2
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub -Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub- Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub- Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub- 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub -Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub- Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub- Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16, Sub - Lessee's Access to Premises. Based on the location of Sub- Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub- Lessee to perform or comply with any material covenant or
condition made under this Sub -Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub- Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub -Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub- Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub -Lease.
c. Default byAuthority. 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub- Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub- Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual, The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 1St day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations, The Sub - 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
7
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub -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 Sub -Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub -Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
CC. Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub- 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
Sub -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 Sub - Lessee shall use the Sub - 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
9
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34, Dominant Agreements, This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
Witness (signature) Leroy W. Mayhood
(print name)
Witness (signature)
10
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
En
FRED W. COYLE, Chairman
11
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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From: CurryChris
Sent: Thursday, March 15, 2012 9:25 AM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: RE: Immokalee Airport Lease
Attachments: Mayhood Sub -Lease Agreement (March 2012).pdf
Ms. Mayhood, I have already sent a completed lease with a space to fill in your use. However, I will send you another
lease with the approved use completed. An acceptable use for your facility is anything having to do with aircraft
maintenance operation and storage for your personal use or aircraft you have leased. Please keep in mind that this is a
new lease agreement. It is not my intention to continue with lease terms and verbiage associated with an old lease that
is not in the best interest of the airport. The vision of the airport has changed since 1996 when you assumed the lease
and 1981 when this facility was built. Your lease is consistent with other lease agreements recently approved by the
board for tenants who own similar structures on airport property.
We are in the process of placing your lease on the agenda for the Board of County Commissioners (BCC) meeting on
March 27, 2012. If we cannot agree on the terms of use, I will seek direction from the BCC at that time. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mai Ito: suezg05 @aol.coml
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra < DebraBrueggeman @colliergov.net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
2
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra < DebraBrueggeman @colliergov.net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
3
Under Florida Law, e-mail addresses are public records 11 YOU do riot want your e-mail address released m response to a public records request, do riot Send
electronic mail to this entity. Instead contarA this office, by telephone, or wr writing
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1 st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub- Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance, The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anything associated with aircraft maintenance, storage, and
operation of aircraft for personal use or aircraft leased by the Sub - Lessee, which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub, Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
$. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub -Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
2
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub- Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements, The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub- Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub -Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
Revised: March 13. 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub -Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. Remedies of Authority.
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
Revised: March 13, 2012. CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub- Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub -Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub- Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub- Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub- Lessee shall be
bound by the terms of this Lease Manual, as of the 1" day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations, The Sub - 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
7
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77,
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub -Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub -Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
8
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub -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 Sub - Lessee shall use the Sub -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
9
Revised: March 13, 2012. CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -Lease and to re-enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
By:
Witness (signature)
(print name)
Witness (signature)
Leroy W. Mayhood
10
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
11
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
H�
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Martha S. Vergara 'o(D
From: BrueggemanDebra
Sent: Thursday, March 15, 2012 10:14 AM
To: WilliamsSteven
Cc: AlthouseTammy
Subject: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement
Attachments: RLS- Mayhood Agreement 3 -27 -12 Agenda.docx; 03 -27 -12 ES Mayhood Sub -Lease
Agreement.docx; Mayhood Sub -Lease Agreement (March 2012).pdf
Steve,
Chris would like to get this on the 3 -27 -12 BCC Agenda. Our deadline to upload items onto SIRE for that meeting is the
end of today. Sorry about the short turn - around on this! I I!
Thank you!!!
.J9eGfiie 13ugeman
(If)eudio w eoe4",atoa f £j:eurtftw (b3i3twd
6ffie,% 1?oun4t (U%pent (Zutfw,%Uq
239 - 642 -7871 &t. 34
Under fIow tl Law. e -mad addresses are Public; records. If you do not want your e -mail address released in response to a public re,-.o ds request. do not Send
electronic mall to INS entity, Instead, contract this office by telephone or in writing.
ITEM NO.:
FILE NO.:
ROUTED TO:
DATE RECEIVED:
DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97)
REQUEST FOR LEGAL SERVICES
(Please type or print)
Date: 3 -15 -12 To: Office of the County Attorney, Attn:
From: Debbie Brueggeman
Coordinator
(Name)
Admin
(Division)
Telephone # (Very Important): 239 - 642 -7878 Ext. 34
Ops
(Title)
Airport Authority
(Department)
Re: Executive Summary for 3 -27 -12 BCC Agenda - Mayhood Lease
(Subject)
BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background information - be specific, concise, and articulate.)
Chris would like to get this on the March 27 BCC Agenda. We should receive a copy of the agreement signed by the sub-
lessee within the next few days that we can swap out with the attached as soon as we receive it, but our deadline for the 3-
27 Agenda is today. Sorry about the short turn around.
(Are there documents or other information needed to review this matter? If yes, attach and reference this information.)
This item has /has not been previously submitted.
(If previously submitted provide County Attorney's Office File No.)
ACTION REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
1. Please review Executive Summary and provide Legal Considerations
2. Please initial Sub -Lease Agreement for SIRE
OTHER COMMENTS:
cc: Chris Curry
(All requests must be copied to your appropriate Division Head or Constitutional Officer.)
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting in its capacity as the
Collier County Airport Authority, approve the attached Sub -Lease Agreement with Three
Mayhoods LLC.
OBJECTIVE: To obtain approval of a Sub -Lease Agreement with Three Mayhoods LCC
( "Sub- Lessee ") for two (2) acres of land located at the Immokalee Regional Airport.
CONSIDERATIONS: The Authority is responsible for operation and maintenance of the
Immokalee Regional Airport (Airport), which it Sub - Leases from Collier County pursuant to a
master Sub -Lease Agreement dated May 24, 1994.
The Sub - Lessee has requested to utilize two (2) acres of land located at the Immokalee Regional
Airport, which equates to 87,120 square feet of leased area ( "Premises "), to maintain a hangar
for anything associated with aircraft maintenance, storage, and operation of aircraft for personal
use or aircraft leased by the Sub - Lessee. The Authority has found this use to be in the public's
interest.
The agreement shall terminate on March 31, 2022. The Sub - Lessee shall pay the Authority $0.10
(ten cents) per square foot per year, plus applicable sales tax, for this parcel of land, as the Federal
Aviation Administration has determined the leased Premises to be aeronautical in nature. The rent for
this parcel shall be $8,712 per year, plus applicable sales tax ($726 per month, plus applicable sales tax).
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The
rents to be received are already accounted for in the Airport Authority's currently approved
budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS:
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the
Collier County Airport Authority, approves the attached Sub -Lease Agreement between the
Collier County Airport Authority and Three Mayhoods LLC.
PREPARED BY: Chris Curry, Airport Authority Executive Director
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority ") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub -Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub -Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub -Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anything associated with aircraft maintenance, storage, an d
operation of aircraft for personal use or aircraft leased by the Sub - Lessee, which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub -Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
2
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub -Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
18. Assignment. Sub- Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub- Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub -Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
b
Revised: March 13. 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
ii. Sub- 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub -Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the 1St day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations. The Sub - 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
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub -Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub- Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
34. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub -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 Sub - Lessee shall use the Sub - 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
9
Revised: March 13, 2012. CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
By:
Witness (signature) Leroy W. Mayhood
(print name)
Witness (signature)
10
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
FRED W. COYLE, Chairman
11
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
o
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Martha S. Vergara 5073 1�,
From:
WilliamsSteven
Sent:
Thursday, March 15, 2012 10:35 AM
To:
BrueggemanDebra
Cc:
AlthouseTammy
Subject:
RE: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement
I am down in the CCPC, but if Tammy will be kind enough to open the RLS, I will review the electronic copies of the
documents during the meeting and come up at lunch to sign and /or make changes.
Steve
Steven T. Williams
Assistant Counti3 Attorneij
Collier Countij
3299 East Tamidmi Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252 -8400
Fax: 239 - 2526300
From: BrueggemanDebra
Sent: Thursday, March 15, 2012 10:14 AM
To: WilliamsSteven
Cc: AlthouseTammy
Subject: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement
Steve,
Chris would like to get this on the 3 -27 -12 BCC Agenda. Our deadline to upload items onto SIRE for that meeting is the
end of today. Sorry about the short turn - around on this!!!!
Thank you!!!
I)effltie .` %i�cec ex9tczxt
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C'c�Pfie+t- C�,aiuttr� CZi�r�c�xt Clut(%�%tt�
239- 642 -7878 t'a:t. 34
Under f londa t awe e -mail addresses are public records if yoo do Trot want your e -mmi addre's mloaserE in m.sp[mse to a public records regmu st, do :got semi
electronic Head to this entity. Instead contact this office by'telephoii ee or m wri q
1
Martha S. Vergara c��79k
From: CurryChris
Sent: Thursday, March 15, 2012 10:36 AM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you
from doing?
"anvthina hovina to do with aircraft maintenance, operation and storage for your personal use or aircraft you have
leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we Can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colIiergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colIiergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyle @colIiergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
2
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezgO5 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
Under Florida Law e mail addresses are public records. It you do riot want your e-mail address released in response to a public records request, do riot send
electronic mail to this entity. Instead contact this offirae by telephone or in waiting.
3
Martha S. V
From: BrueggemanDebra
Sent: Thursday, March 15, 2012 10:38 AM
To: WilliamsSteven
Cc: AlthouseTammy
Subject: RE: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement
THANK YOU!!!!!
DebAie .Buwggw.aa
239 - 642 -7878 £at. 34
From: WilliamsSteven
Sent: Thursday, March 15, 2012 10:35 AM
To: BrueggemanDebra
Cc: AlthouseTammy
Subject: RE: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement
I am down in the CCPC, but if Tammy will be kind enough to open the RLS, I will review the electronic copies of the
documents during the meeting and come up at lunch to sign and /or make changes.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3290 East Tainiami Trail, Suite 800
Naples,l'lorida 34112
Tel: 239 - 2528400
Fax: 239- 252 -6300
From: BrueggemanDebra
Sent: Thursday, March 15, 2012 10:14 AM
To: WilliamsSteven
Cc: AlthouseTammy
Subject: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement
Steve,
Chris would like to get this on the 3 -27 -12 BCC Agenda. Our deadline to upload items onto SIRE for that meeting is the
end of today. Sorry about the short turn - around on this!!!!
Thank you!!!
Deli'tfie :13vueggenum,
Upenation,j C'.rto*dinatox 1£:xecu&1e, ai.,5 &mt
C'ow" e u,tttti Ctvpow aut ,attj.
239- 642 -7878 &t. 34
1
Under I 1011da Law_ e-rn;-iiI addresses afe public: records If you do not want your address released in response to a public records Iequest, do not ""end
fd(�CAHDMC Mall to Ibis entity Instead, conlict this office by ledeph one or In wnting
Martha S. Vergara `�J��7�j 70
From: W i I I is msSteven
Sent: Thursday, March 15, 2012 10:44 AM
To: AlthouseTammy
Subject: IMM Airport lease
Attachments: 03 -27 -12 ES Mayhood Sub -Lease Agreement STW.docx
Tammy,
I have typed in my legal considerations, but I will still need to come up and initial the Lease Agreement, whenever you
have it ready. We could then open and close the RLS.
Thanks!
Steve
Steven T. Williams
/Assistant Countlj Attornelj
Collier Cou11ttj
3299 Fast Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252 -8400
Fax: 239. - 252 -6300
Under Florida L<aw, e -mail addresses <are public; records. If yora do not want yoni e -mail address released in response to a public records request, do not send
clectronic mail to this entity. Instead, contact this office; by telephone or in writing.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting in its capacity as the
Collier County Airport Authority, approve the attached Sub -Lease Agreement with Three
Mayhoods LLC.
OBJECTIVE: To obtain approval of a Sub -Lease Agreement with Three Mayhoods LCC
( "Sub- Lessee ") for two (2) acres of land located at the Immokalee Regional Airport,
CONSIDERATIONS: The Authority is responsible for operation and maintenance of the
Immokalee Regional Airport (Airport), which it Sub - Leases from Collier County pursuant to a
master Sub -Lease Agreement dated May 24, 1994.
The Sub - Lessee has requested to utilize two (2) acres of land located at the Immokalee Regional
Airport, which equates to 87,120 square feet of leased area ( "Premises "), to maintain a hangar
for anything associated with aircraft maintenance, storage, and operation of aircraft for personal
use or aircraft leased by the Sub - Lessee. The Authority has found this use to be in the public's
interest.
The agreement shall terminate on March 31, 2022, The Sub - Lessee shall pay the Authority $0.10
(ten cents) per square foot per year, plus applicable sales tax, for this parcel of land, as the Federal
Aviation Administration has determined the leased Premises to be aeronautical in nature. The rent for
this parcel shall be $8,712 per year, plus applicable sales tax ($726 per month, plus applicable sales tax).
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The
rents to be received are already accounted for in the Airport Authority's currently approved
budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and has been found legally sufficient. A majority vote is required for approval. STW
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the
Collier County Airport Authority, approves the attached Sub -Lease Agreement between the
Collier County Airport Authority and Three Mayhoods LLC.
PREPARED BY: Chris Curry, Airport Authority Executive Director
Martha S. 35(
Ver ara -0,3 l ' �71
9 T
From: AlthouseTammy
Sent: Thursday, March 15, 2012 11:26 AM
To: BrueggemanDebra
Cc: WilliamsSteven
Subject: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement and sub -lease Agreement
Attachments: closed.pdf
Debbie,
Please find the attached Sub -Lease Agreement which has been initialed by Steve Williams. I saw that he
has already sent you the Ex. Summary with his Legal Considerations in same. Please advise if you
require anything further and if you also would like a hard copy of same returned to you. Thank you.
Tamara L, Althouse
Legal Assistant to:
Jeffrey A. Klatzkow, County Attorney
Scott R. 'reach, Deputy County Attorney
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252 -8400
Fax: 239- 252 -6300
Tamm yAlthouseP,colliergov.net
Under Florida L.taw, e mail addresses are public: records if you do not want your e -mail addres , 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
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this l st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee"), collectively stated as the "Parties."
RECITALS•
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, l 994, as amended, which lease term expires May 23, 2025 ("Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. C9n_gyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub- Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises, The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anything associated with aircraft maintenance. storagg. and
operation of aircraft for personal use or aircraft leased by the Sub - Lessee, which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
2
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoads, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to MainWn Premises and Comply with All Lawful Requirements The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjgvment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terns of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
Revised: March 13, 2012, CAO
Sub -Lease Agreement Three Mayhoods, LLC
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub- Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub- Lggsee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - 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 Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: March 13, 2012, CAO
Sub -Lcasc Agreement Three Mayhoods, LLC
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the l't day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. AkRM L�2vel212ment. The Authority reserves the right to finiher develop or improve
the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or view
of the Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Questions. The Sub - 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
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite I
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Maieure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondisc inAwWon Clause. The Sub- 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
Sub - 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 Sub -Lessee shall use the Sub - 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
9
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
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 Sub -Lease and to re-enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33, Radon. In compliance with Section 404.055, 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.
34. Dominant A,g e}e ents. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
BY=
Witness (signature)
(print name)
Witness (signature)
Leroy W. Mayhood
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By: By:
Deputy Clerk FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams 1 1 a-
Assistant County Attorney 31is
11
Revised: March 13, 2012, CAO Sub -Lease Agreement Throe Mayhoods, LLC
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Martha S. Vergara �,75g73 72
From: WilliamsSteven
Sent: Thursday, March 15, 2012 11:26 AM
To: AlthouseTammy; BrueggemanDebra
Subject: RE: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement and sub -lease Agreement
Attachments: 03 -27 -12 ES Mayhood Sub -Lease Agreement STW.docx
If I failed to send earlier...
Steve
Steven T. Williams
Assistant Countij Attornev)
Collier Count>rj
3200 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 2528400
Fax: 239 - 252 -6300
From: AlthouseTammy
Sent: Thursday, March 15, 2012 11:26 AM
To: BrueggemanDebra
Cc: WilliamsSteven
Subject: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement and sub -lease Agreement
Debbie,
Please find the attached Sub -Lease Agreement which has been initialed by Steve Williams. I saw that he
has already sent you the Ex. Summary with his Legal Considerations in same. Please advise if you
require anything further and if you also would like a hard copy of same returned to you. Thank you.
Tatnara L. AlMouse
Legal Assistant to:
Jeffrey A. Klatzkow, County Attorney
Scott R. Teach, Deputy County Attorney
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239-252-8400
Fax: 239 -252 -6300
TammyAlthouse(acolliergov.net
Under Florida I aw e -mail addiesse s are public records. It 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
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting in its capacity as the
Collier County Airport Authority, approve the attached Sub -Lease Agreement with Three
Mavhoods LLC.
OBJECTIVE: To obtain approval of a Sub -Lease Agreement with Three Mayhoods LCC
( "Sub- Lessee ") for two (2) acres of land located at the Immokalee Regional Airport.
CONSIDERATIONS: The Authority is responsible for operation and maintenance of the
Immokalee Regional Airport (Airport), which it Sub - Leases from Collier County pursuant to a
master Sub -Lease Agreement dated May 24, 1994.
The Sub - Lessee has requested to utilize two (2) acres of land located at the Immokalee Regional
Airport, which equates to 87,120 square feet of leased area ( "Premises "), to maintain a hangar
for anything associated with aircraft maintenance, storage, and operation of aircraft for personal
use or aircraft leased by the Sub - Lessee. The Authority has found this use to be in the public's
interest.
The agreement shall terminate on March 31, 2022. The Sub - Lessee shall pay the Authority $0.10
(ten cents) per square foot per year, plus applicable sales tax, for this parcel of land, as the Federal
Aviation Administration has determined the leased Premises to be aeronautical in nature. The rent for
this parcel shall be $8,712 per year, plus applicable sales tax ($726 per month, plus applicable sales tax).
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The
rents to be received are already accounted for in the Airport Authority's currently approved
budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and has been found legally sufficient. A majority vote is required for approval. STW
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the
Collier County Airport Authority, approves the attached Sub -Lease Agreement between the
Collier County Airport Authority and Three Mayhoods LLC.
PREPARED BY: Chris Curry, Airport Authority Executive Director
Martha S. Vergara X35547973
From:
BrueggemanDebra
Sent:
Thursday, March 15, 2012 11:28 AM
To:
AlthouseTammy
Cc:
WilliamsSteven
Subject:
RE: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement and sub -lease Agreement
Thank you bunches. We do not need a hard copy.
Debfiie .`3uuegVer wa
239 - 642 -7878 &it. 34
From: AlthouseTammy
Sent: Thursday, March 15, 2012 11:26 AM
To: BrueggemanDebra
Cc: WilliamsSteven
Subject: Ex. Sum for 3 -27 BCC Agenda - Mayhood Agreement and sub -lease Agreement
Debbie,
Please find the attached Sub -Lease Agreement which has been initialed by Steve Williams. I saw that he
has already sent you the Ex. Summary with his Legal Considerations in same. Please advise if you
require anything further and if you also would like a hard copy of same returned to you. Thank you.
Tamara L. Altllouse
Legal Assistant to:
Jeffrey A. Klatzkow, County Attorney
Scott R. Teach, Deputy County Attorney
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 -252 -8400
Fax: 239 -252 -6300
TammyAlthouse(c , colliergov.net
Under Florida Law, e-mail addir.a sets are public records. It you do not mint your e mad address re oasod in response to a public r*cords request, do not send
electronic mail to this entity. Instead contact this office by telephone or if) writing.
1
Martha S. Ve
From:
WilliamsSteven
Sent:
Monday, March 19, 2012 9:36 AM
To:
BrueggemanDebra
Subject:
RE: SIRE ITEMS
Debbie,
Does Chris plan on leaving the Mayhood ES as is? If so, I will review now.
Steve
Steven T. Williains
Assistant County Attorneii
Collier Countt)
3299 East Tarniarni Trail, Suite 800
Naples, Florida 34112
Tel: 239-2528400
Fax: 239-252-6300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 9:32 AM
To: WilliamsSteven; StanleyTherese; ThomasJoshua
Subject: SIRE ITEMS
MIA
Executive Summaries & Titles have been corrected/updated in SIRE as requested for the following items:
16G3 (ID 4594) - Runway 9-27 at IMM grant application
16G4 (ID 4595) — Runway 17-35 at MKY grant application
Let me know if additional changes are required.
Oefifde
Cpewtion.i
(W&A ('owttc� (tiApott authe4ity
239-642-7578 &t. 34
Under Florida Law, e-mail addresses are PLINir records. If you do not want your e mail address released in response to a public records request. do not send
electronic mM to this entity. Instead, contact this office by telephone or in writing,
Martha S. Vergara 4c 5J 61375
From:
BrueggemanDebra
Sent:
Monday, March 19, 2012 9:55 AM
To:
WilliamsSteven
Subject:
RE: SIRE ITEMS
Chris will call you.
Oe6bie 53wxggernun
239- 642 -7878 &t. 34
From: WilliamsSteven
Sent: Monday, March 19, 2012 9:36 AM
To: BrueggemanDebra
Subject: RE: SIRE ITEMS
Debbie,
Does Chris plan on leaving the Mayhood ES as is? If so, I will review now.
Steve
Steven T. Williams
Assistant Countti Attornetj
Collier Countij
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252 -8400
Fax: 239 - 252 -6300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 9:32 AM
To: WilliamsSteven; StanleyTherese; ThomasJoshua
Subject: SIRE ITEMS
Executive Summaries & Titles have been corrected /updated in SIRE as requested for the following items:
16G3 (ID 4594) - Runway 9 -27 at IMM grant application
16G4 (ID 4595) — Runway 17 -35 at MKY grant application
Let me know if additional changes are required.
Debbie .13uwggentcrn
Cpeautioit6 (.ov t&natv.% j %xerutuuc ffi-) (utt
C'.uPQie't C'.c u.ntrf ffitpuxt CtutftoQq
239 - 642 -7875 tat. 34
1
Under 1 londa 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.
Martha S. Ve
From: BrueggemanDebra
Sent: Monday, March 19, 2012 12:24 PM
To: CurryChris
Subject: Mayhood Letter
Attachments: 3 -5 -12 Lease Agreement Request.pdf
` efibk JRweggviuca.
(9po atiarra C'av dirtntc+n /fxccutiue CZ .i�,iota nt
(W &-t ( -A' lwti /' ai'T'Pe'd Lfut&tit y.
239 - 642 -7878 t,,xt, 34
71
Under I load a Law e -mail a< dfesses public records. If you do riot want your e-mail address released in response to a puhlic records requE�st dO riot semi
electronic mail to this entity. Instead. contact this office by telephone or in writing
``��� AIRP�9r
vo
0
v
G� COLLIER COUNTYAIRPORTAUTHORITY
y
2005 Mainsail Drive Ste. 1
o
Naples, FL 34114 -8955
(239) 642 -7878
Fax (239) 394 -3515
V/ www.coliieraviation.com
March 2, 2012
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
Your lease with the Collier County Airport Authority expired on March 10, 2011. We have been
negotiating your lease for almost one year and we must now bring this to a close. We have met
at least five times during the past year working toward negotiating a future lease. At our last
meeting held on December 28, 2012, we both established a goal to have the lease signed with
the Airport Authority by January 12, 2012. On January 10, 2012, you requested an additional
month for your attorney to review the draft lease given to you in December and I approved of
your request. We are now seven weeks past your requested date for an extension and the
Airport Authority is not in receipt of a signed lease.
I hope this serves as a helpful reminder that your signed lease is now due to the Airport
Authority. If we do not receive a signed copy of your lease by March 14, 2012, 1 will ask the
board to not allow you to operate on the Immokalee Airport past March 30, 2012. It is not in
the best interest of the county to allow you to operate at length without an approved lease. If
you have any questions you may contact me by email, chriscurry @colliergov.net or my
telephone, 239 - 642 -7878 x35. I hope to hear from you soon in regard to this matter.
Sincerely,
Chris Curry
Executive Director
C: Steve Williams
Marco Island Executive Airporl D Inxnokalee Regional Airport Everglades Airpark
2005 Mainsail Drive Ste. 1 165 Airpe* Boulevard P.O. Box 889
Naples, FL 34114.8955 Inxnokalee, FL 34142 650 E.C. Airpark Road
(239) 3943355 (239) 657 -9003 Everglades City, FL 34139
(239) 642 -5427 Fax (239) 657.9191 Fax (239) 6952779
(239) 695 -3558 Fax
Martha S. Ver ara cJ5V-%
From: CurryChris
Sent: Monday, March 19, 2012 12:36 PM
To: OchsLeo
Subject: Fw: Mayhood Letter
Attachments: 3 -5 -12 Lease Agreement Request.pdf
Fyi
Sent from my Verizon Wireless Droid
- - - -- Original message - - - --
From: BrueggemanDebra <DebraBrueggeman �colIJergov.net>
To: CurryChris <ChrisCurrySaD-colliergov.net>
Sent: Mon, Mar 19, 2012 16:24:02 GMT +00:00
Subject: Mayhood Letter
De &e JBweyyenuin
t` >pe�ratitrn� C'v�r,>u�inc�tc +�i f �h>er�tiue ('Ls�ia�czru�
C'v.t(ie.% (etu:ty. aiq)aat LtccthvWij.
239- 642 -7578 t'xt. 34
Under Florida Law, e mail addresses are public records_ It 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.
v0
0
v
COLLIER COUNTYAIRPORTAUTHORITY
2005 Mainsail Drive Ste. 1
Naples, FL 34114 -8955
1 ..i
(239) 642 -7878
Fax (239) 394 -3515
�// www.collieraviation.com
March 2, 2012
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
Your lease with the Collier County Airport Authority expired on March 10, 2011. We have been
negotiating your lease for almost one year and we must now bring this to a close. We have met
at least five times during the past year working toward negotiating a future lease. At our last
meeting held on December 28, 2012, we both established a goal to have the lease signed with
the Airport Authority by January 12, 2012, On January 10, 2012, you requested an additional
month for your attorney to review the draft lease given to you in December and I approved of
your request. We are now seven weeks past your requested date for an extension and the
Airport Authority is not in receipt of a signed lease,
I hope this serves as a helpful reminder that your signed lease is now due to the Airport
Authority. If we do not receive a signed copy of your lease by March 14, 2012, 1 will ask the
board to not allow you to operate on the Immokalee Airport past March 30, 2012. It is not in
the best interest of the county to allow you to operate at length without an approved lease. If
you have any questions you may contact me by email, chriscurry @colliergov.net or my
telephone, 239 - 642 -7878 x35. I hope to hear from you soon in regard to this matter.
Sincerely,
Chris Curry
Executive Director
C: Steve Williams
Marco Island Executive Airport Imngkalee Regional Airport IJ Everglades Airpanc
2005 Mansell Drive Ste. 1 165 Alrpatk Boulevard P.O. Box 889
Naples, FL 341148955 Irnnnkalee, FL 34142 850 E.C. AirpaN Road
(239) 394 0
3355 (2657 -9003 Everglades C ty. FL 34139
(239) 642.5427 Fax (2M)657-9191 Fax (299) 595-2776
(239) 695.3558 Fax
Martha S. Verqara '25 F, > V-4
From: BrueggemanDebra
Sent: Monday, March 19, 2012 3:22 PM
To: WilliamsSteven
Subject: Mayhood Eviction ES
Attachments: 3-27-12 ES Mayhood Eviction.docx; DC Air Lease & Amendments.pdf; 3-5-12 Lease
Agreement Request.pdf
Steve,
Attached for your review, comment, etc. is the Draft Executive Summary to evict Three Mayhoods LLC from IMM.
Should we place both items, this and the Sub-Lease Agreement, at this time, and pull one later?
Dbiz 'Afuc'y
gettlan
61(k4 ('vutttq, akpo-it authtmity,
239-642-7878 &t. 34
Under Florida Law_ e rnail addresses are public records If YOU CIO not V),'3r)f Your e, rnail 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
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to take all necessary action, including filing a
lawsuit, to evict Three Mayhoods LLC from its present location at the Immokalee Regional
Airport, and to pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority.
OBJECTIVE: To evict Three Mayhoods LLC from the Immokalee Airport and collect any holdover
rent, damages, and costs that may be due and owing to the Airport Authority.
CONSIDERATIONS: On March 10, 1981, Luft, Inc. and Collier County entered into a twenty (20)
year Lease Agreement ( "Agreement ") for the use of 5.079 acres of land at the Immokalee Regional
Airport. Collier County subsequently formed a dependent Airport Authority ( "Authority "), and assigned
its rights in the Lease to the Authority with rights to modify and accept assignments.
On July 10, 1996 D.C. Air, Inc. purchased from Luft, Inc. its interest in the Agreement. The Agreement
was assigned to D.C. Air, Inc. ( "Lessee ") and modified to extend the time period of the Agreement for an
additional ten (10) year period, and remove the right of the Lessee to offer for sale to the public aircraft
fuel. On March 1, 1998, the Agreement was amended to reduce the leased area from 5.079 acres to two
(2) acres. The Agreement, as amended, expired on March 10,'2011.
The Executive Director of the Collier County Airport Authority, Mr. Chris Curry, has extended the
Agreement for the past year while negotiating a Sub - Lease Agreement with Three Mayhoods LLC. By
certified letter dated March 2, 2012 from Mr. Curry to Mr. Leroy Mayhood, Mr. Mayhood was informed
the Mr. Curry would request that the Board not allow Three Mayhoods LLC to operate on the Immokalee
Airport past March 30, 2012 if the Airport Authority 'did not received a signed copy of its Sub -Lease
Agreement by March 14, 2012. Mr. Curry's letter is attached as backup to this agenda item.
Efforts to negotiate a new Sub -Lease Agreement have been unsuccessful.
LEGAL CONSIDERATIONS: If Three Mayhoods LLC does not voluntarily vacate the property, an
eviction is necessary to lawfully remove Three Mayhoods LLC from the property. (STW)
FISCAL IMPACT: The filing fee for an eviction action in County Court is approximately $185.
Service of the process of the complaint will cost no more than $70. The County Attorney and Collier
County Airport Authority staff time and resources would also be necessary to pursue the eviction action.
If Collier County pursues a lawsuit and prevails it may receive a judgment ordering holdover rent,
damages, and costs due and owing to Collier County.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorize the County Attorney to take all necessary action,
including filing a lawsuit, to evict Three Mayhoods LLC from its present location at the Immokalee
Regional Airport, and to pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority.
PREPARED BY: Chris Curry, Executive Director, Airport Authority
Steven T. Williams, Assistant County Attorney
AMENDMENT
AIRPORT LEASE — D.C. AIR, INC.
WHEREAS, on March 10, 1981, Collier County, Florida, a political subdivision and
Luft, Inc., a Florida Corporation entered into an airport lease (hereinafter referred to as
"BASIC AGREEMENT ");
WHEREAS, Collier County has subsequently formed a dependent airport authority
(hereinafter referred to as "AUTHORITY ") and assigned its rights in the lease to the
Collier County Airport Authority with rights to modify and accept assignments;
WHEREAS, D.C. Air, Inc, a Florida corporation (hereinafter referred to as
"SUBTENANT ") purchased from Luft, Inc. its interest in the BASIC AGREEMENT and
all improvements thereto on July 10, 1996;
WHEREAS, the AUTHORITY and SUBTENANT agree to reduce the land area leased;
WHEREAS, Section 3 of the BASIC AGREEMENT requires the rental rate to be re-
negotiated every five (5) years over the life of the BASIC AGREEMENT;
WHEREAS, AUTHORITY and SUBTENANT deem it advantageous to amend the
BASIC AGREEMENT;
NOW, THEREFORE, in consideration of the premises and mutual covenants and
promises hereinafter contained, the parties hereby agree as follows:
SECTION 1: Leased Premises
The leased area shall be reduced from 5.079 acres to two (2) acres of land as
described on Exhibit "A" which equates to 87,120 square feet of leased area.
SECTION 2: Rents and Fees
A. SUBTENANT shall pay to the Authority for the five (5) year period
beginning March 1, 1998 the following rents and fees plus all applicable taxes:
1. Annual Commercial Operating Privilege Fee of $100.00.
2. A Minimum Annual Sublease Rental Fee of $5,227.20 based on $.06 per
square foot for 87,120 square feet of leased land.
B. Beginning March 1, 1999, the Minimum Annual Sublease Rental Fee shall be
annually adjusted in accordance with the twelve (12) month percent change in the U.S.
Department of Labor, Bureau of Labor Statistics report issued in December in the
category reflecting the South Urban Size C Consumer Price Index Urban Wage Earners
(CPI -U) 1982 -84 base. When revisions to the structure of the reported CPI -U occur as
reported by the U.S. Department of Labor, Bureau of Labor Statistics including, but not
limited to a new base year, the Authority may at its sole discretion apply the revised
structure. Each annual adjustment must reflect either the then current rental rate or the
above referenced CPI -U percent change, whichever is greater. Said annual adjustment
shall be calculated and become effective March 1, 1999, 2000, 2001 and 2002 at which
time a new rental rate shall be negotiated consistent with the BASIC AGREEMENT.
C. The payments from SUBTENANT to AUTHORITY on all sums of money
identified in paragraph A, above, shall be made as follows:
1. Annual Commercial Operating Privilege Fee, on or before March 1 of each
year.
2. Annual Sublease Rental Fee, paid either annually on or before March 1 of
each year or in twelve (12) equal monthly installments without demand on or
before the first day of each month, as annually adjusted per paragraph B
above.
SECTION 3: Effective Date
This AMENDMENT shall become effective March 1, 1998.
IN WITNESS THEREOF, the parties hereto have signed this AMENDMENT this
O-11` day of Ff.AA 11 aAy-1 1998.
ATTEST: _ COLLIER COUNTY AIRPORT AUTHORITY
l .141 1
ohn H. Drury, Monte Lazarus
Executive Director Chairman
(Affix Corporate Seal)
ATTEST:
Secretary of the Corporation
D.C. AIR, INC.
By:
Print Name:
OR Signed, sealed and delivered Title:
in the presence of:
Witness for President
Witness for President
Approved as to form and legal sufficiency:
Tom Palmer
Attorney for the Authority
Exhibit A
A parcel of land lying in Section 34, Township 46 South, Range 29 East, Collier County,
Florida, described as follows:
Commence at the south quarter corner of said Section 34; Thence along the south line of said
Section 34, S87 °35'05 "E, 506.47 feet to the Point of Beginning; Thence leaving said south line,
NO2 °40'34 "E, 330.00 feet; Thence S87 035'05 "E, 260.62 feet; Thence SO1 °30'00 "W, 330.03 feet
to the aforementioned south line of Section 34; Thence along said south line, N87 °35'05 "W,
267.40 feet to the Point of Beginning. Containing 2.00 Acres, more or less.
ASSIGNMENT AND MODIFICATION OF LEASE
Statement of Facts:
I. On March 10, 1981 Collier County, Florida, a political
subdivision and Luft, Inc., a Florida corporation entered into an
airport lease agreement recorded at Official Record Book 60, Page 73
through 85.
II. Collier County has subsequently formed a dependent airport
authority and assigned its 'rights in the lease to the "Collier
County Airport Authority" with rights to modify and accept
assignments.
III. Luft Inc. has sold its interest to the lease and all
improvements to D. C. Air, Inc. and wishes to have the Collier
County Airport Authority agree to an assignment of the lease to D.
C. Air, Inc.
IV. D. C. Air, Inc. has purchased from Luft, Inc. its interest
in the lease and all improvements thereto and wishes to have the
assignment accepted by the Collier County Airport Authority and
further wishes to have the time period of the lease extended for an
additional ten year period.
V. The Collier County Airport Authority desires to modify the
lease agreement to remove the right of the lessee to sell fuel or
lease tie down or hangar space in competition with the Collier
County Airport Authority.
It is therefore agreed that the lease will be assigned to D. C. Air,
Inc. and modified to extend the time period of the lease for an
additional ten year period and to remove the right of the lessee to
offer for sale to the public aircraft fuel. The lease is further
modified to prohibit the sublease of tie down or hangar space to the
public where-similar tie down or hangar space is available from the
Collier County Airport Authority.
The undersigned agree to this assignment and modification and
further agree that the factual statements above as it pertains to
them or actions by them is correct and may be relied upon by the
other parties.
Agreed to this 10th Day of July, 1996.
Luft, C. ir', nc.
by: by:
R na d E is, Vice esident W. Mayh&APresiden
Collier County Airport Authority
by:
Ernest Spin0fl1i, Chairman
T
March 10, 1981
AIRPORT LEASK
THIS LEASE, executed in duplicate at'Sast maples, Collier County,
Florida, this J5W day of Oki by and ,between COLLIER COUNTY, a
political subdivision of the State of Florida, acting by and through
its WMRD OF COUNTY COMMISSIONERS, and tuft, Inc., a Florida corpora-
tion respectively "LESSOR" and "LESSEE ", without regard to number or
gender;
PREMISES
1. WITNESSETH: That Lessor hereby leases to Lessee and Lessee
hires from Lessor for the purpose of conducting thereon an aircraft
fixed based operation and for no other purpose, those certain premises
with the appurtenances situate4 in Collier County, Immokalee community,
Florida, and more particularly described as follows:
A parcel of land lying in Section 34, Township 46 South, Range
29 East being more particularly described as follows: Fran
the South quarter corner of Section 34, Township 46 South,
Range 29 East, run S87035105 "E 100 feet to a point on the
Township line between Township 46 South and Township 47 South
for a Point of Beginning; thence, N02040134 "E 330 feet;
thence S87035105 0E 667.09 feet; thence S01030100 "W 330.03
feet; thence N89035'05 "W 673.87 feet to the Point of Beginnin-
ing. The above - described area encompasses 5.079 acres together
with a 100 foot wide access right -of -way to the East extending
from the East boundary of the above- described property to the
paved Westerly taxi -way of Inmokalee Airport and a 30 foot wide
access right- of -wa•! extending from the Westerly boundary of the
above- described property to the existing pavement of Airways
Road. Both located as shown on attached survey drawing.
together with right of access to and use of all runways of other air-
port facilities at said airport. Lessor agrees that Lessee shall have
the option to lease up to an additional five (5) acres in two 215 acre
parcels !contiguous to the North side of above - described tract; said
option expiring at the end of five (5) years from the date of execu-
tion hereof provided that at the time of exercising said option(s),
the Lessee is in full compliance with the terms and conditions of this
lease.
TERM OF LEASE AGREEMENT AND RENTALS
2. The term of this lease shall be for 20 years consisting of
four 5 year periods cosamsncing on the day this instrument bears date%
At the end of said 20 year term, Lessee shall have, and is
boroby granted, an'option %o renew this lease for an additional period
of five (5) years. This option may be exercised, and only may be oxor-
TOOK was 73
-1-
ON aw 74 March 10, 19$r
oiacd, by notice in writing, given`by Lessee and received by Lessor at
least sixty (60) days prior to the expiration of the loasehold estate
hereby created, by personal delivery to Lessor, Pr by registered mail
with return receipt requested.
Rentals shall be a graduated rate for the first S year per-
iod of:
$4000 - lot year
$2,520 - 2nd year
$2,942 - 3rd year
$3,363 - 4th year
$3,531 - 5th year
or St of the gross receipts derived from any business or ccismercial
activity conducted on the lease property, whichever is greater; payable
annually in advance from the date of this instrument.
3. The rental rate is to be renegotiated for each subsequent
five (5) year period at least sixty (60) days prior to the and of each
five (5) year period. The rate shall be reasonable and based upon
such factors as inflation and current market rentals for like proper-
ties.
s
4. Lessee. shall at his expense submit with the annual rental, a
financial statement prepared in accordance with generally accepted
accounting principals, and an annual opinion audit certified by a
Florida licensed CPA.
CONSTRUCTION
S. Lessee agrees to start substantial construction of a fixed
base operators facility within one hundred twenty (120) days from the
date of execution of this lease, in default of which this lease shall
terminate and became null and void, anything-herein to the contrary '
�t,�.1�„r��2�. �B.,b�b.reett :2 oaa�truotlaer" s.r ns�d brsrin siasll
. Abp P-U'PWi s•! Z a&%&WW pj wrppp 3aa f x is sod f. eff [ ea .
hawtbrr ]u ?ramjpsrr, t10-40WW -no", yWso220V "2" 1AA 11V]1", P&Uft'7a
lounge, or any other facilities normally associated with a fixed bast
operation, or any combinatlon of such facilities. In addition to
baagar and matntenanos buildings, Lessee agrees to construct drainage
facilities, paving# security fencing• access roads and other improve-
, scants as required by Lessor. All proposed improvements constructed
on lease" site shall first be submitted to the Lessor and Lessor shall
Now
'"fit.:► 'i'•t{!ewiC? .x.,.,,,., ,
March 10, 1961 `J
have ton (10) days in which to approve or disapprove, and no construc-
tion shall begin prior to Leeser's approval.
6: Lessee grants to Lessor the option at the termination of this
lease to purchase all or any pormanont building structures constructed.
Purchage price for those building structures Lessor elects to purchase
shall be and is hereby established to be tha actual costs of con-
' strnation as•determined by paid invoices subuitted by Lessee and
approved by Lessor. Should the Lessor not exercise said option within
ninety (90) days prior to expiration of this lease, Lessee shall re-
move prior to expiration of this lease or any extension any aircraft
hangar, appurtenances, including personal property, which the Lessee
has, erected, constructed or placed upor the leased premises. Should
the Lessee not remove said building structures prior to the expira-
tion of the term herein granted, hangars or appurtenant buildings so
constructed by the Lessee shall revert to and became the property of
the Lessor without any cost or expense to Lessor.
7. In the event Lessee fails to pay the rentals, fees or
charges as required to be paid under the provisions of this lease
agreement within thirty (30) days after the same shall become due, in-
terest at one percent (11) per month shall accrue against the delin-
quent payment(s) until the same are paid. Implementation of this pro-
vision shall not preclude the Lessor from terminating this lease agree-
ment for default in the payment of rentals, fees or charges, or from
enfordinq any other provisions containgd herein.
4. The Lessee agrees that no trailers or temporary structures
of any nature shall be allowed on leased premises at any time except
during the period of construction unless located within principal
structure.
ALTERATIONS OF PREMISES AND ERECTION OF SIGNS
P. After construction of the facilities upon the premises as
authorised hereinabove, the Lessee shall not make any alterations to
same in excess of 03,000 without prior written approval of the Lessor.
If written consent of the Lessor to any proposed alterations by the
Lessee shall have been obtained, the Lessee agrees to advise the Les- r
sor in writing oL ths'date upon which such alterations wU1 ccwmenybe
An order to pevAt the Lessor to post notice of non- rosponsibULty-, ti
tooK
00=15 ''
PM UW N9 March ia, 1981—
the Lessee shall koop tho domisod premises froo from any and ail lions
arising out of any work porformod, matoriais furnishod, or obligations
incurred by Lesser. dF
10. The Lessee shall not erect, maintain or display any identi-
fying signs or any advertising matter without prior written approval of
the Lessor.
INSPECTIONS MD�MAINTE MM BY THE LESSOR
11. The Lessor's employees, duly authorized agents, and repre-
sentatives shall have the right to enter into and upon the leased prem-
ises for the purposes of inspection for compliance to the provisions
of this lease agreement.
12. The Lessor shall have no maintenance responsibility, inter-
for or.exterior for the leased premises or facilities thereon." -
ASSIGNNMM AND SUBLETTING ,2
13. Lessee covenants and agrees not-to assign this lease di to
sublet the whole or any part of the demised premises, or to permit
any other persons to occupy same without the written consent of the
Lessor first had, references elsewhere herein to assignees notwith-
standing. Any such assignment or subletting, even with the consent of
i
the Lessor, shall not relieve Lessee from liability for payment of rent
or other sums herein provided or from the obligation to keep and be
bound by the terms, conditions and covenants of this lease. The
acceptance of rent from any other person shall not be deemed to be a
waiver of any of the provisions of this lease or to be a consent to
the assignment of this lease br subletting of the demised premises.
An assignment for the benefit of creditors or by operation
of law shall not be effective to transfer any rights to assignee
without the written consent of the Lessor first having been obtained.
In the event the Lessee or business activity under this
lease.is a corporation, any sale, transfer, gift or other method of
disposal of over ten percent (10 %) of the stock to the same recipiento
either in a single transaction or in cumulative transactions, shall be
deemed an assignment of this lease. In tho event the Lessee is a part -
nersbip, any transfer of any partner's interest shall be deemed an
assignment of this lease. i
I Ity— AND IN-PUB
14. The Lessee hereby &gross to indomnify the Lessor against and
MEW
March 10, 1981
to hold tbo Lessor harmless from any and all claims or demands for loss
of damago to property or for injury or death of any porson from a7
cause whatsoever while in, upon, or about said domised promises during
the term of this leas! or any extension hereof. The Losses 'agrees to
n.
take out and maintain with a reputable insurance company, at its sole
cost and expense, public liability insurance against property damage
or personal injury growing out of the use of or occurring on or about
the premises, with liability limits of $500,000 property damage and
6300,000 person injury. The Lessor shall be named as co- insured on*all
such policies, and shall be entitled to a certificate of the insurer
shoring said coverage to be in effect.
15. The insurance coverage required shall include those classi-
fications as listed in Standard Liability Insurance Manotals, which most
'nearly reflect the operations of the Lessee under this lease agreement.
16. All insurance policies required above shall be issued in com-
panies authorized to do business under the laws of the State of Florida,
with the following qualifications as to management and financial strength:
The Company must be rated no less than "A•
as to general policy holders rating, and s
no less than "AAA" as to financial rating
In accordance with the latest eW tion of
vest's Key Rating Guide, published by A. M.
Y
Best Company, Inc.
17. The Lessee shall furnish Certificates of Insurance to the Les-
sor prior to occupancy of the leased premises, which Certificates shall
clearly indicate that the Lessee has obtained insurance in the type,
amount and classifications as required for strict coaapliance with this
I*"*. The Lessee agrees to make no material change or cancellation of
the insurance without thirty (30) days prior written notice to the Les -
Nor. The Lessee shall insure that the insurance coverage shall require
notification of cancellation to Lessor. The Lessor reserves the right
to reasonably amend the insurance requirements by issuance of notice in
writing to Lessee. {
10. Compliance with the foregoing requirements shall not relieve
the Lessee of its liability under any other portion of this lease agree ;
8011!. •
March 10. 1981
78
lMINTGNIWC6 by Lasso
19. The Lessee shall at its solo cost and expanse keep the presr-
Less Olean at all times. If the proeises'a" #,It kept "one is the
opinion of the Lessor. Lessee's lvager will be so advised. If cor-
rective action is not taken within three (3) days, the Lessor will
cause the same to be cleaned and the Laosm shall assume and pay the
oleaning' costs, such cost of cleaning shall be and am titute a part of
the rent.
20. The Lessee shall repair all damage to the premises and the
improvements thereon caused by the Lessee, its employees, agents, Inde-
pendent contractors, or patrons.
21. The Lessee shall at its cost remove from the premises all
trash and refuse of any nature whatsoever which might accumulate and
arise from the operations of the business. Such trash and refusb,•shall
be stored in closed containers approved.by the Lessor.
22. No excavation of any of the land shall be made. No soil or
earth shall be removed from the premises, and no well of any nature
shall . be dug, constructed or drilled on the premises without proper
county permits.
23. The Lessee shall operate and maintain at its sole cost and
expense all the component$ of water, industrial and sanitary sewage in-
cluding sanitary and industrial sewage outfall lines and storm water
drainage facilities within the boundaries of the leased premises.
24. The Lessee shall maintain and repair the building interior
and exterior, shall make all repairs as required in and about the leased
premises, including but not limited to roof, exterior walls, painting#
doors, hangar doors, windows, fixtures, appurtenances, replacement of
light bulbs and tubes,. and the replacement of all broken glass, which re-
4
pairs shall be in quality and class equal to the original work to pre-
serve the same in good order and condition; xepair at or before the and
of the term all injury done by the installation or removal of furniture
.a
and personal property no as to restore the facilities upon the leased
premises to their originally constructed state, and at the end of the
tt ,
term, quit and surrender the same in as good order and condition as Lt
was upon compietiohf construction, reasonable wear and tear ems•
3S, upaq falluke of the bosses to maiatatn the premL8Qn. 4a 1VM {
vided in this Azticie the Lessor lay. :aftor fifteen 051 days wri" .Y
March 10, 1981
notice enter upon the leased promises and perform all repairs which may
bo necessary in and about the loaned promises and ^.dd the amount of the
cost of such repairs to the rent duo horoundor on the first day of the
month following thsh.date of repairs, and such cost of repairs shall be
In
and constitute a part of the rent, payable together with the next rent
due. •
26. "a Lessee covenants in connection with any maintenance or re-
pair work or the erection or construction of any authorized modifications
or additions to the facilities consttucted on the leased premises, to ob-
serve and comply with all present and future laws, ordinances, rules,
regulations, and requirements of the State of Florida, the United States
of America, Collier County, and any and all governmental agencies,
bureaus, boards or officials.
UTILITIES
27. The Lessee shall pay for all utilities used by it including a
non- discriminatory fee for industrial waste facilities when and if con-
structed. The Lessor shall have no obligation to provide utilities to
the premises.
DEFAULTS BY LESSEE
28. Failure of the Lessee to promptly make all payments of ren-
tals, charges and fees to be paid herein shall constitute a default,
and the Lessor may itt its option terminate this agreement after ten (10)
days'Votice in writing, unless the default be cured within the notice
period.
29. Failure of the Lessee to comply with any other covenant of .
this agreement shall constitute a default, and the Lessor may at its Op-
tion terminate this agreement after fifteen (15) days notice in writing,
unless the default be cured within the notice period. '
30. The Lessor may at its option terminate this agreement after
receipt by Lessee of thirty (30) days notice in writing, if a lien is
filed against the leasehold interest of the Lessee and not removed within
.F
thirty (30) days, pursuant to the Florida Mechanics Lien Law.
31. The happening of any of the following events shall constitute
a default by the.Lessee and .this agreement shall automatically terminats.,t
!, faot9P(' abandonment of premises or discontinuation of oporatiot�e� r
_� of Jnsoiven
oy, reorganization, pion of arrangemont or bankr<ipto�}
pstitionst` adjudication as bankrugh fur" al assignment fog
•7•
tb�ch 10, 1991
the benefit of aropitors.
W 0010 on Z MIUATioy DY UISSXX OR LUBOR
32. This agreement shall be subject to cancellation by Lessee os
• Lessor in the event of any one or more of the following evegtss
a) !ht permanent abandonment of the Airport.
b) The lawful assumption by the United States'governmsnt or
any authorised agency thereof, of the operation, control
or use of the Airport, or any substantial part of parU
thereof in such a manner as to substantially restr at
the Lessee from operating therefrom, for a period in ex-
case OA. ninety (90) days.
c) The issuance by any court of competent jurisdiction of
any injunction in any way substantially preventing or
restraining the use of the Airport, and the remaining
in force of such injunction for a period in excess of
ninety (90) days.
33. Thies agreement shall be subject to cancellation by the Lessee
in the following event:
The default by the Lessor in the performance of any cw..".- t
or agreement, herein required to be performed by the Lessor and the
failure of the Lessor to remedy such default for a period of sixty (60)
days after receipt of written notice by the Lessee to remedy the same.
FAIR, REASONABLE AND NON - DISCRIMINATORY
PRICES AND SERVICES
34. The Lessee shall:
a) Furnish good, prompt and efficient service adequate to
meet all reasonable demands for _its service at the
airport.
.
b) Furnish said service on a fair, equal and non- disarls-
inatory basis to all users thereof, provided that Les-
see may be allowed to make reasonable and non- disarim-
inatory discounts or other similar type of price reduc-
tion to volume purchasers.
35. The Lessee shall discharge all sanitary wastes into a sani•
tary sewer system only. All industrial wastes shall also be discbsrgad
�
Into the sanitary sewer system, however► only after the following steps
have been taken m _
y`
a) pretreatment to insure separation and removal of all
solids and insoluable oily.typa materials to limita.:ro-
quired by Lessor. Pretreatment to insure *operation aftd
Y
removal of solids. vd ,insgivablo hydrocarbon or Oily
tYW materials, neuttaliss'tion and treatment in a mangos
:a
March 10, 1981
satisfactory to the Lessor and in compliance with prosent
or future roquiroments of applicable ordinances of these
agencies having jurisdiction over, or responsibility for
sanitary waste treatmnt or prevention of pollution of
r
• waterways, canals, streams, etc., contributing thereto.
The Lessee's introduction of objectional waste into any comp-on-
ant of the Lessor's sanitary or storm drainage systems shall be deemed .a
default and •a cause for immediate cancellation of this agreement, any
other provisions of this agreement to the contrary notwithstanding.
LEASE SUBJECT TO RIGHTS OF U.S. GOVERNMENT
36. In the event the Government shall- take over the exclusive use
of the premises or the Airport, and such use shall so restrict Lessee
and its operations as to make continued use of said Airport by Lessee Lie-
practical, then:
a) This lease and rights and obligations hereunder shall
either (1) automatically terminate, except as herein-
after provided or (2) if •che Lessee so elects be sus-
pended during the period of such Governmental use of the
premises or Airport. In such case, the Lessee shall not
be required to pay any rental during the time of such•
suspension and the term of this lease shall automatically
be extended for the same period without any increase or
decrease in the total rent.
b) Any monies paid by the Government for the upkeep of, re- •1
pairs to and maintenance and replacement of said Airport,
shall be used by the Lessor for such purposes.
c) Any monies paid by the Government to the Lessor as fair•
rental for the use of the leased premises'shall thereupon
be retained by the Lessor, provided, however, that if the
Lessee shall elect to suspend this lease for the period of h
the Government's occupancy of the premises, and rentals ;?
are paid by the Government for use of any personal prOpex
or unamortised capital improvements 1""lled thereon by
Lessee, the rentals received by the Lessor for such of
Lee"We. said focal tios sho11 be fOr the benefit of sand
PG .:to the Lpaiee�:,: a0A ;45plig4 too a�artisaxtion. ,w:
Al to Rhe•. event the i0%. ,g1��p,11 take over the nan^eXo`•n>* .
mom
March 10, 1981 .^
we of tho Airport, and such use by tiro covornment shall not matasially
sostrict or hmpor tiro Losoco in its oparaticns, loom dull maain
In possession of said promisor ad dull continue to pay ra►tals
'spoeitiod hmvein to be paid. T .
bu ON W, w
37. no Lessee in ettmeaisitg wW of the rights or priviloges herein gratbod,
shall not of the grounds of ra0s, color or national origin disorloinste or pewit
discrhdnation against any person cc group or persons in any amneic prohibited by
Part 21 of the rules and regulations of the Secretary of Tx ej Ictaaticn. 'inns LaeeCr
is hereby granted the sight to take Sufi action, anything to the contrary herein
tt0ttitithetading, as the ttdtsd states may direct to enf000e this non- discriminatim
covenant,
38. ahne Lessee assures that it will undertake an affirmative action PcOgraa
as reWired by 14 tW Part 152, Subpart E, to insure that no person shall on•thp.
grounds of roes, creed, color , national origin, cc sex be excluded from Participating
in any employment activities covered in 14 CPR Part 152, subpart X. the Issaee
assures that no person shall be excluded on these grounds from participatin; in cc
receiving the services er benefits of any program ae activity covered by this subpart.
The Lessee assures that it will require that its covered suborganizations Pra►ide asas-
ances to the Lessee that they similarly will undertake affirnmtive action prograrre end
that they will requirre assurances from their scfiar+ganisat3ans, as required by 14 ar
Part 152, Subpart R, to the sane effect. Sw Lessor is hereby granted the right to
take such action, acyWng to the Contrary herein notwithstanding, as the Federal rw
oil may direct to enforce this I canvefant.
Cr Surfamm PJVNISHS
39. sloe Lessee shall surrender up and deliver the leased premises to the Lessor
upon temitaticn of this Dense Agreement together with any and all structures for
which tie lessor has made the election to ptndum. j
40. in the event the Lessee Shall refuse Cr fail to give up the possession cf .
the pcedses at the and of this Lease Agreement, the Lessee shall be liable for douWe
rental,- as provided for in Section 83.06, Plorida Statutes.
Spl°1CTN. PAOVISIQI;4
41. the Lessse fully understands that the police security Pam pt„o dM
by latr sidarcoment agencies for the dbave referenced ptaaises, is limited to boat
resided to any other business situated in Collier County, and acbM10696 that any _±
special socurity weasdcns doaaod n0coasacy fcr additional protsoticn of the ]retied
:s
praeisos shall bo tho Salo rogp' ibihity of the Conroe ad shall Inwobe no Coe!
to the TAWW,
mss+* .ir.
match 10, 1901
42. VAt the UXWW XCOMVM Unto itgo , its succoaspon no assigns, far the
wo aid bawfit of tho public, a right of flight for the passage of airecaft, In the
&bMpow dwM tho Surfma of the• roal picapor ty havoLnofter domaribod topOw with
the right to OMM in said airopwo such noise as xwV be Idwm* in the operation
of airanCt now bom or hereafter used, for navigation of or flight In the said
airspace, ad for use of said airspace for 2anding on, taking off ftem cc CIPINCINUM
4n -the airport.
43. That the Lamm envemaY INVO;s for itself, Its .010000000m and 00519m,
to restrict the height CC structIMMIS, objects of natural gxvwM and other Obstrixglaw
en the hereinafter descrited real pcopexty to such a height so as to CCWLY with FOORCO-1
Aviation negulationa, Part 77.
44. flat the Lessee expressly agrees for itself, its successors and assigns,
to prevent any we of the hereinafter described real property which would interfere
With cc adversely affect the operation or maintenance of the airport, or otherwise
omutitute an airport hazard.
45. 'or, aittnstanding anything herein contained that xW be or appear to the
contrary, it is expressly understood and agreed that the rights granted under this
Agreement we non•exclusive, and the Lesser herein reservw the right to grant
similar privileges to another operator cc other operators cn other parts of the
RIGM TWERVED TO TM IESSM
46. Rights not arecificanY granted the Lessee by this lease agreament are
lssecved to the I
wmm umpmw, the parties hereto have caused Oda Agreement to be executed
by -their appropriate officials as of the date first above written.
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COLLIER COUNTYAIRPORTAUTHORITY
y
2005 Mainsail Drive Ste. 1
Naples, FL 34114 -8955
..r
(239) 642 -7878
Fax (239) 394 -3515
V www.collieraviation.com
March 2, 2012
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
Your lease with the Collier County Airport Authority expired on March 10, 2011. We have been
negotiating your lease for almost one year and we must now bring this to a close. We have met
at least five times during the past year working toward negotiating a future lease. At our last
meeting held on December 28, 2012, we both established a goal to have the lease signed with
the Airport Authority by January 12, 2012. On January 10, 2012, you requested an additional
month for your attorney to review the draft lease given to you in December and I approved of
your request. We are now seven weeks past your requested date for an extension and the
Airport Authority is not in receipt of a signed lease.
I hope this serves as a helpful reminder that your signed lease is now due to the Airport
Authority. If we do not receive a signed copy of your lease by March 14, 2012, 1 will ask the
board to not allow you to operate on the Immokalee Airport past March 30, 2012. It is not in
the best interest of the county to allow you to operate at length without an approved lease. If
you have any questions you may contact me by email, chriscurry @colliergov.net or my
telephone, 239 - 642 -7878 x35. I hope to hear from you soon in regard to this matter.
Sincerely,
Chris Curry
Executive Director
C: Steve Williams
Marco Island Executive Airport Inxnokalee Flegional Airpoin Everglades Avpark
2005 Mainsail Drive Ste. 1 165 Airpefk Boulevard P0.80x889
Naples, FL 34114.8955 knmokalaa, FL 34142 650 E.C. Airpark Road
(239) 3943355 (239) 657 -9003 Everglades City. FL 34139
(239) 642.5427 Fax (239) 657.9191 Fax (239) 695.2778
(239) 695.3558 Fax
Martha S. Ver ara V _35(,�73
From: WilliamsSteven
Sent: Monday, March 19, 2012 3:25 PM
To: AlthouseTammy
Subject: FW: Mayhood Eviction ES
Attachments: 3 -27 -12 ES Mayhood Eviction.docx; DC Air Lease & Amendments.pdf, 3 -5 -12 Lease
Agreement Request.pdf
Let's reopen Mayhood Lease RLS, I can work on electronic version.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239-252-8400
Fax: 239-2W-6300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 3:22 PM
To: WilliamsSteven
Subject: Mayhood Eviction ES
Steve,
Attached for your review, comment, etc. is the Draft Executive Summary to evict Three Mayhoods LLC from IMM.
Should we place both items, this and the Sub -Lease Agreement, at this time, and pull one later?
Oel*ic l3 cc��u7�i
e,pumrti ,w t'uvxcfinat�r�e(� <zecuiic�e Cis �i�tcur -
C'raffie, C'.vxurtq (Utpe d autFiuYaI
239 - 642 -7878 &t. 34
Under Florida Late, e mail addresses are public records if you do wawt your e -mad add,es, r lr„ r; d in response to a public records request, do not send
electronic rnail to this entity- instead, contact this office by te.lcphone° or m writing
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to take all necessary action, including filing a
lawsuit, to evict Three Mayhoods LLC from its present location at the Immokalee Regional
Airport, and to pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority.
OBJECTIVE: To evict Three Mayhoods LLC from the Immokalee Airport and collect any holdover
rent, damages, and costs that may be due and owing to the Airport Authority.
CONSIDERATIONS: On March 10, 1981, Luft, Inc. and Collier County entered into a twenty (20)
year Lease Agreement ( "Agreement ") for the use of 5.079 acres of land at the Immokalee Regional
Airport. Collier County subsequently formed a dependent Airport Authority ( "Authority"), and assigned
its rights in the Lease to the Authority with rights to modify and accept assignments.
On July 10, 1996 D.C. Air, Inc. purchased from Luft, Inc. its interest in the Agreement. The Agreement
was assigned to D.C. Air, Inc. ( "Lessee ") and modified to extend the time period of the Agreement for an
additional ten (10) year period, and remove the right of the Lessee to offer for sale to the public aircraft
fuel. On March 1, 1998, the Agreement was amended to reduce the leased area from 5.079 acres to two
(2) acres. The Agreement, as amended, expired on March 10, 2011.
The Executive Director of the Collier County Airport Authority, Mr. Chris Curry, has extended the
Agreement for the past year while negotiating a Sub -Lease Agreement with Three Mayhoods LLC. By
certified letter dated March 2, 2012 . from Mr. Curry to Mr. Leroy Mayhood, Mr. Mayhood was informed
the Mr. Curry would request that the Board not allow Three Mayhoods LLC to operate on the Immokalee
Airport past March 30, 2012 if the Airport Authority 'did not received a signed copy of its Sub -Lease
Agreement by March 14, 2012. Mr. Curry's letter is attached as backup to this agenda item.
Efforts to negotiate a new Sub -Lease Agreement have been unsuccessful.
LEGAL, CONSIDERATIONS: If Three Mayhoods LLC does not voluntarily vacate the property, an
eviction is necessary to lawfully remove Three Mayhoods LLC from the property. (STW)
FISCAL IMPACT: The filing fee for an eviction action in County Court is approximately $185.
Service of the process of the complaint will cost no more than $70. The County Attorney and Collier
County Airport Authority staff time and resources would also be necessary to pursue the eviction action.
If Collier County pursues a lawsuit and prevails it may receive a judgment ordering holdover rent,
damages, and costs due and owing to Collier County.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorize the County Attorney to take all necessary action,
including filing a lawsuit, to evict Three Mayhoods LLC from its present location at the Immokalee
Regional Airport, and to pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority.
PREPARED BY: Chris Curry, Executive Director, Airport Authority
Steven T. Williams, Assistant County Attorney
AMENDMENT
AIRPORT LEASE — D.C. AIR, INC.
WHEREAS, on March 10, 1981, Collier County, Florida, a political subdivision and
Luft, Inc., a Florida Corporation entered into an airport lease (hereinafter referred to as
"BASIC AGREEMENT ");
WHEREAS, Collier County has subsequently formed a dependent airport authority
(hereinafter referred to as "AUTHORITY ") and assigned its rights in the lease to the
Collier County Airport Authority with rights to modify and accept assignments;
WHEREAS, D.C. Air, Inc, a Florida corporation (hereinafter referred to as
"SUBTENANT ") purchased from Luft, Inc. its interest in the BASIC AGREEMENT and
all improvements thereto on July 10, 1996;
WHEREAS, the AUTHORITY and SUBTENANT agree to reduce the land area leased;
WHEREAS, Section 3 of the BASIC AGREEMENT requires the rental rate to be re-
negotiated every five (5) years over the life of the BASIC AGREEMENT;
WHEREAS, AUTHORITY and SUBTENANT deem it advantageous to amend the
BASIC AGREEMENT;
NOW, THEREFORE, in consideration of the premises and mutual covenants and
promises hereinafter contained, the parties hereby agree as follows:
SECTION 1: Leased Premises
The leased area shall be reduced from 5.079 acres to two (2) acres of land as
described on Exhibit "A" which equates to 87,120 square feet of leased area.
SECTION 2: Rents and Fees
A. SUBTENANT shall pay to the Authority for the five (5) year period
beginning March 1, 1998 the following rents and fees plus all applicable taxes:
1. Annual Commercial Operating Privilege Fee of $100.00.
2. A Minimum Annual Sublease Rental Fee of $5,227.20 based on $.06 per
square foot for 87,120 square feet of leased land.
B. Beginning March 1, 1999, the Minimum Annual Sublease Rental Fee shall be
annually adjusted in accordance with the twelve (12) month percent change in the U.S.
Department of Labor, Bureau of Labor Statistics report issued in December in the
category reflecting the South Urban Size C Consumer Price Index Urban Wage Earners
(CPI -U) 1982 -84 base. When revisions to the structure of the reported CPI -U occur as
reported by the U.S. Department of Labor, Bureau of Labor Statistics including, but not
limited to a new base year, the Authority may at its sole discretion apply the revised
structure. Each annual adjustment must reflect either the then current rental rate or the
above referenced CPI -U percent change, whichever is greater. Said annual adjustment
shall be calculated and become effective March 1, 1999, 2000, 2001 and 2002 at which
time a new rental rate shall be negotiated consistent with the BASIC AGREEMENT.
C. The payments from SUBTENANT to AUTHORITY on all sums of money
identified in paragraph A, above, shall be made as follows:
1. Annual Commercial Operating Privilege Fee, on or before March 1 of each
year.
2. Annual Sublease Rental Fee, paid either annually on or before March 1 of
each year or in twelve (12) equal monthly installments without demand on or
before the first day of each month, as annually adjusted per paragraph B
above.
SECTION 3: Effective Date
This AMENDMENT shall become effective March 1, 1998.
IN WITNESS THEREOF, the parties hereto have signed this AMENDMENT this
day of EfJwu a4ly, 1998.
ATTEST: _ COLLIER COUNTY AIRPORT AUTHORITY
I iA A 1 9 � J
ohn H. Drury, Monte Lazarus
Executive Director Chairman
(Affix Corporate Seal)
ATTEST:
Secretary of the Corporation
D.C. AIR, INC.
By:
Print Name:
OR Signed, sealed and delivered Title:
in the presence of:
Witness for President
Witness for President
Approved as to form and legal sufficiency:
►VLbr,, C. 1 ,.
Tom Palmer
Attorney for the Authority
Exhibit A
A parcel of land lying in Section 34, Township 46 South, Range 29 East, Collier County,
Florida, described as follows:
Commence at the south quarter corner of said Section 34; Thence along the south line of said
Section 34, S87 °35'05 "E, 506.47 feet to the Point of Beginning; Thence leaving said south line,
NO2 °40'34 "E, 330.00 feet; Thence S87 °35'05 "E, 260.62 feet; Thence SOl °30'00 "W, 330.03 feet
to the aforementioned south line of Section 34; Thence along said south line, N87 °35'05 "W,
267.40 feet to the Point of Beginning. Containing 2.00 Acres, more or less.
ASSIGNMENT AND-MODIFICATION OF LEASE ~
Statement of Facts:
I. On March 10, 1981 Collier County, Florida, a political
subdivision and Luft, Inc., a Florida corporation entered into an
airport lease agreement recorded at Official Record Book 60, Page 73
through 85.
II. Collier County has subsequently formed a dependent airport
authority and assigned its 'rights in the lease to the "Collier
County Airport Authority" with rights to modify and accept
assignments.
III. Luft Inc. has sold its interest to the lease and all
improvements to D. C. Air, Inc. and wishes to have the Collier
County Airport Authority agree to an assignment of the lease to D.
C. Air, Inc.
IV. D. C. Air, Inc. has purchased from Luft, Inc. its interest
in the lease and all improvements thereto and wishes to have the
assignment accepted by the Collier County Airport Authority and
further wishes to have the time period of the lease extended for an
additional ten year period.
V. The Collier County Airport Authority desires to modify the
lease agreement to remove the right of the lessee to sell fuel or
lease tie down or hangar space in competition with the Collier
County Airport Authority.
It is therefore agreed that the lease will be assigned to D. C. Air,
Inc. and modified to extend the time period of the lease for an
additional ten year period and to remove the right of the lessee to
offer for sale to the public aircraft fuel. The lease is further
modified to prohibit the sublease of tie down or hangar space to the
public where similar tie down or hangar space is available from the
Collier County Airport Authority.
The undersigned agree to this assignment and modification and
further agree that the factual statements above as it pertains to
them or actions by them is correct and may be relied upon by the
other parties.
Agreed to this 10th Day of July, 1996.
Luft, C. ir', nc.
by: by:
Rd-nald-EYlis, Vice Kesident L. W. Mayho d LPresliden
Collier County Airport Authority
by: L4-7
Ernest Spintflli, Chairman
Cs
March 10, 1981
AIRPORT LF.ASM
THIS LEASE, oxocutod in duplicate at*East Naples, Collier County,
Florida, this rr - day of % iu+07h by and.botween COLLIER COUNTY, a
political subdivision of the State of Florida, acting by and through
Its BOARD OF COUNTY COMMISSIONERS, and 7�uft, Inc., a Florida corpora-
tion respectively "LESSOR" and "LESSEE", without regard to number or
gender;
PREMISES
1. WITNESSETH: That Lessor hereby leases to Lessee and Lessee
hires from Lessor for the purpose of conducting thereon an aircraft
fixed based operation and for no other purpose, those certain premises
with the appurtenances situate4 in Collier County, Immokalee community,
Florida, and more particularly described as follows:
A parcel of land lying in Section 34, Township 46 South, Range
29 East being more particularly described as follows: Frost
the South quarter corner of Section 34, Township 46 South,
Range 29 East, run S87035105 "E 100 feet to a point on the
Township line between Township 46 South and Township 47 South
for a Point of Beginning; thence, N02040134 0E 330 feet;
thence S87035105 0E 667.09 feet; thence S01030100 "W 330.03
feet; thence N89035'05 0W 673.87 feet to the Point of Beginnin-
ing. The above- described area encompasses 5.079 acres together
with a 100 foot wide access right -of -way to the East extending
from the East boundary of the above- described property to the
paved Westerly taxi -way of Imnokalee Airport and a 30 foot wide
access right- of -wa- r extending from the Westerly boundary of the
above- described property to the existing pavement of Airways
Road. Both located as shown on attached survey drawing.
together with right of access to and use of all runways or other air- -
port facilities at said airport. Lessor agrees that Lessee shall have
the option to lease up to an additional five (5) acres in two 2% acre
parcels rontiguous to the North side of above- described tract; said
option expiring at the end of five (5) years from the date of execu-
tion hereof provided that at the time of exercising said option(s),
the Lessee is in full compliance with the terms and conditions of this
lease.
TERM OF LEASE AGREEMENT AND RENTALS
2. The term of this lease shall be for 20 years consisting of
four 5 year periods commencing on the day this instrument bears date%
At the end of said 20 year term, Lessee shall have, and is
boroby granted, an,option U renew this lease for an additional period
of fivo (5) years. This option may be exercised, and only may be oxor-
" On AN 79
-1-
um 00m 74 march 10, 19$T
oisod, by notice in writing, given,by Lessee and received by Lessor at
1e08% sixty (00) days prior to the expiration of the leasehold estate
haroby created, by personal delivery to Lessor, wr by registered mail
with return receipt requested.
Rentals shall be a graduated rate for the first 5 year per-
Lod of:
$4000 - lot Yom
$2,520 - 2nd year
$2,942 - 3rd year
$3,363 - 4th year
$3,531 - 5th year
or 5% of the gross receipts derived from any business or commercial
activity conducted on the lease property, whichever is greater ;payable
annually in advance from the date of this instrument.
3. The rental rate is to be renegotiated for each subsequent
five (5) year period at least sixty (60) days prior to the and of each
five (5) year period. The rate shall be reasonable ana basea upon
such factors as inflation and current market rentals for like proper-
ties.
4. Lessee. shall at his expense submit with the.annual rental, .a
financial statement prepared in accordance with generally accepted
accounting principals, and an annual opinion audit certified by a
Florida licensed CPA.
S. Posses agrees to statt substantial construction of a fixed
base operators facility within one hundred twenty (120) days from the
date of execution of this lease, in default of which this lease shall
terminate and become null and void, anything herein to the contrary
oalwltJrr►t+�1.e+4- �B.,oL,rt�ertl :2 oaw�trrrotlau* � w� 7arsria a3s.+►]3
XVAW Sit Vp !U�pWp pj jp A$M&MW pj ppy.,, Pp 3W i�xsi( isssod �re�i��fea,
howtbrx• ]x >A%*V&ri, rte -•Noww ramw# jwawl3av 4w240 �mo]a3s]s, pS]�e`x
lounge, or any other facilities normally associated with a fixed base
operation, or any combination of such facilities. In addition to
hangar and matntenance buildings, Lessee agrees to construct drainage
facilities, paving, sacwcity fencing, access roads and other isiprove- '
msnto so required by Lessor. All proposed improvements constructed
on losso0 site shall first be submitted to the Lessor and Lessor shall
zzli
March 10, 1961 `J
hmm ton (10) days in which to approve or disapprovo, and no constrno-
tion shall begin prior to Lessor's approval.
6: Lessee grants to Lessor the option at the termination of this
lease to purchase all or any permanent building structures constructed.
purcha4s price for those building structures Lessor elects to purchase
Shall be and is hereby established to be th3 actual costs of con- -
straction as determined by paid invoices submitted by Lessee and
approved by•Lessor. Should the Lessor not exercise said option within
ninety (90) days prior to expiration of this lease, Lessee shall re-
move prior to expiration of this lease or any extension any aircraft
hangar, appurtenances, including personal property, which the Lessee
bas erected, constructed or placed upor the leased premises. Should
the Lessee not remove said building structures prior to the expira-
tion of the term herein granted, hangars or appurtenant buildings so
constructed by the Lessee shall revert to and become the property of
the Lessor without any cost or expense to Lessor.
7. In the event Lessee fails to pay the rentals, fees or
charges as required to be paid under the provisions of this lease
agreement within thirty (30) days after the same shall become due, in-
terest at one percent (IS) per month shall accrue against the delin-
quent payment(s) until the same are paid. Implementation of this pro-
vision shall not preclude the Lessor from terminating this lease agree-
ment for default in the payment of rentals, fees or charges, or from
enfording any other provisions containgd herein.
4. The Lessee agrees that no trailers or temporary structures
of any nature shall be allowed on leased premises at any time except
during the period of construction unless located within principal
structure.
ALTERATIONS OF PREMISES AND ERECTION OF SIGNS
P. After construction of the facilities upon the premises as
authorized hereinabove, the Lessee shall not make any alterations to
now in excess of $3,000 without prior written approval of the Lessor.
If written consent of the Lessor to any proposed alterations by the 'S
Lessee shall have been obtained, the Lessee agrees to advise the Les-
sor in writing ot.ths'dat4 upon which such alterations will GONWnbs
in order to permit the Loseor to post notice of non- rosponsibilltp.
00 NE 's March 10, 1981
Tho Loasoe shall keep the domiaod promises froo from any and all lions
arising out of any work porformwd, materials furnishod, or obligations
incurred by Lessee.
10. The Lessee shall not erect, maintain or display any identi-
,
tying signs or any advertising matter without prior written approval of
the Lessor.
INSPECTIONS AND �NAIM WAME DX_ THE LESSOR
11. The Lessor's employees, duly authorized agents, and repre-
sentatives shall have the right to enter into and upon the leased pra-
ises for the purposes of inspection for compliance to the provisions
of this lease agreement.
12. The Lessor shall have no maintenance responsibility, inter-
ior or.exterior for the leased premises or facilities thereon."..•�.
ASSIGNMENT AND SUBLETTING
13. Lessee covenants and agrees not-to assign this lease orto
sublet the whole or any part of the demised premises, or to permit
any other persons to occupy same without the written consent of the
Lessor first had, references elsewhere herein to assignees notwith-
standing. Any such assignment or subletting, even with the consent of
the Lessor, shall not relieve Lessee from liability for payment of rent
or other sums herein provided or from the obligation to keep and be
bound by the terms, conditions and covenants of this lease. The
acceptance of rent from any other person shall not be deemed to be a
waiver of any of the provisions of this lease or to be a consent to
the assignment of this lease br subletting of the demised premises.
An assignment for the benefit of creditors or by operation
of law shall not be effective to transfer any rights to assignee
without the written consent of the Lessor first having been obtained.
In the event the Lessee or business activity under this
lease-is a corporation, any sale', transfer., gift or other method of
disposal of over ten percent (10%) of the stock to the same recipient,
either in a single transaction or in cumulative transactions, shall be
deemed an assignment of this lease. In the event the Lessee is a part* -
norship, any transfer of any partner's interest shall be deemed an
assignment of this lease. i
IND>hM iN 1'1t AND :MMM
14. 'fie L90000 hereby agrees to indomnify the Lessor against and
® o
March 10, 1981
to )cold the Lessor harmless from any and all claims or demands for loss
of damage to property or for injury or death of any parson from a7
oauso whatsoevor while in, upon, or about said domisod promises during
the term of this lease or any extension hereof. The Lessee agrees to
take out and maintain with a reputable insurance company, at its sole
oast and expense, public liability insurance against property damage
or personal injury growing out of the use of or occurring on or about
the premises, with liability limits of $500,000 property damage and
$300,000 person injury. The Lessor shall be named as co- insured on all
such policies, and shall be entitled to a certificate of the insurer
showing said coverage to be in effect.
15. The insurance coverage required shall include those classi-
fications as listed in Standard Liability Insurance Mannals, which most
'nearly reflect the operations of the Lessee under this lease agreement.
16. All insurance policies required above shall be issued in com-
panies authorised to do business under the laws of the State of Florida,
with the following qualifications as to management and financial strength:
The Company must be rated no less than "A"
as to general policy holders rating, and
no less than "AAA" as to financial rating
in accordance with the latest ed!tie)n of
best's Rey Rating Guide, published by A. M.
Best Company, Inc. ,
:4*" i7. The Lessee shall furnish Certificates of Insurance to the Les-
sor prior to occupancy of the leased premises, which Certificates shall
clearly indicate that the Lessee has obtained insurance in the type,
amount and classifications as required for strict compliance with this
lease. The Lessee agrees to make no material change or cancellation of
the insurance without thirty (30) days prior written notice to the Les -
r.
sor. The Lessee shall insure that the insurance coverage shall require
notification of cancellation to Lessor. The Lessor reserves the right
to reasonably amend the insurance requirements by issuance of notice in
writing to Lessee. Ci
16. Complignoo with the foregoing requirements shall not relieve >'J
the Lessee of its liability under any other portion of this lease agree :±
(Mont.
;� 17
78 llaroh 10, 1981
MAiN�'4N1WCd dY LKBBliW
19, she Lessee shall at its solo cost and exponse keep the prem-
ises clean at all times. if the promiises•are Vt kept cllean in the
opinion of the Lessor, Lessee's RvALager will be so advised. U cox
restive action is not taken within three (3) days, the Lessor will
cause the same to be cleaned and the Legoee shall assume and pay the
aleaning'costs, such cost of cleaning shall be and constitute a part of
the rent.
20. she Lessee shall repair all damage to the premises and the
improvements thereon caused by the Lessee, its employees, agents, inde-
pendent contractors, or patrons.
21. she Lessee shall at its cost remove from the premises all
trash and refuse of any nature whatsoever which might accumulate and
arise from the operations of the business. Such trash and refusb,•shall
be stored in closed containers approved.by the Lessor.
22. no excavation of any of the land shall be made. no soil or
earth shall be removed from the premises, and no well of any nature
shall . be dug, constructed or drilled on the premises without proper
county permits.
23. The Lessee shall operate and maintain at its sole cost and
expense all the components of water, industrial and sanitary sewage in-
cluding sanitary and industrial sewage outfall lines and storm, water
drainage facilities within the boundaries of the leased premises.
24. she Lessee shall maintain and repair the building interior
and exterior, shall make all repairs as required in and about the leased
premises. including but not limited to roof, exterior.walls, painting,
doors, hangar doors, windows, fixtures, appurtenances, replacement of.
light bulbs and tubes,* and the replacement of all broken glass, which re-
pairs shall be in quality and class equal to the original work to pre-
serve the same in good order and conditions xepair at or before the and
of the term all injury done by the installation or removal of furniture
and personal property so as io restore the facilities upon the leased
w
promises to their originally constructed state, and at the end of the ;.
k.
terms, quit and surrender the same in as good order and condition as it
was upon completich f construction, reasonable wear and tear exos id.
25. !sutra of the Lessee> to saintain the prewisos- ." .'Vp t`
tl5) day's
vided in this A�rticla, the Lessor say::aftor fifteen ys Witt" ?y
March 10, 1981
notioo enter upon the leased promises and perform all ropairs which may
be necessary in and about the loasod promises and -Ad the amount of the
vest of such repairs to the rent due hereunder on the first day of the
synth following tlst date of repairs, and such cost of repairs shall be
In
and constitute a part of the rent, payable together with the next rent
26. "a Lessee covenants in connection with any maintenance or re-
pair work or the erection or construction of any authorized modifications
or additions to the facilities consttacted on the leased premises, to ob-
serve and comply with all present and future laws, ordinances, rules,
regulations, and requirements of the State of Florida, the United States
of America, Collier County, and any and all governmental agencies,
bureaus, boards or officials.
UTILITIES
27. The Lessee shall pay for all utilities used by it including a
am- discriminatory fee for industrial waste facilities when and if con-
structed. The Lessor shall have no obligation to provide utilities to
the premises.
DEFAULTS By LESSEE
28. Failure of the Lessee to promptly make all payments of ren-
tals, charges and fees to be paid herein shall constitute a default,
and the Lessor may at its option terminate this agreement after ten (10)
dayellotice in writing, unless the default be cured within the notice
psriod.
29. Failure of the Lessee to comply with any other covenant of
this agreement shall constitute a default, and the Lessor may at its op-
tion terminate this agreement after fifteen (15) days notice in writing,
unless the default be cured within the notice period. '
30. The Lessor may at its option terminate this agreement after
receipt by Lessee of thirty (30) days notice in writing, if a lien is
filed against the leasehold interest of the Lessee and not removed within;
thirty (30) days, pursuant to the Florida Mechanics Lien Law.
31. The happening of any of the following events shall constitute
it default by the-Lessee and this agreement shall automatically terminate
lactq r abandoasent of premises or disoontinuation of operatic,
_
of JWmsolvenoy , reorganisation, plan of srrangemont or bankruptot
pstitionsl adjudication as bankruIN l f moral assignment for
-7-
F,
l Na #ch 10, 1961
the benefit of crc#itors.
GOOK ON fIY6E to T8TMMATtON BY W-SRH ORS R
32. This agreoment shall be subject to cancellation by Lessee or
• Lessor in the went of any ono or more of the following evegts:
a) "s permanent abandonment of the Airport.
b) The lawful assumption by the united States government or
any authorised agency thereof, of the operation, control
or use of the Airport, or any substantial part of parts
thereof in such a manner as to substantially restr at
• the lessee from operating therefroat for a period in ex-
oess c& ninety (90) days.
c) The issuance by any court of competent jurisdiction of
any injunction in any way substantially preventing or
restraining the use of the Airport, and the remaining
in force of such injunction for a period in excess of
ninety (90) days.
33. ?his agreement shall be subject to cancellation by the Lessee
in the following event:
The default by the Lessor in the performance of any cofenant
or agreement, herein required to be performed by the Lessor and the
failure of the Lessor to remedy such default for a period of sixty (60)
days.after receipt of written notice by the Lessee to remedy the same.
PAIR, REASONABLE AND NON - DISCRIMINATORY
PRICES AND SERVICES
34. The Lessee shall:
a) Furnish good, prompt and efficient service adequate to
meet all reasonable demands for its service at the
airport.
b) Furnish said service on a fair, equal and non- discrit-
inatory basis to all users thereof, provided that Legs
a" may be allowed to make reasonable and non- discrim-
inatory discounts or other similar type of price reduo-
tion to volume purchasers.
35. The Lessee shall discharge all sanitary wastes into a sari-
tary sewer system only - All industrial wastes shall also be discbsrgsd
L
March 10, 19 01
satisfactory to the Lessor and in compliance with prosent
cc future roquirmmnts of applicable ordinances of these
agonies having jurisdictiob over, or responsibility for
sanitary waste troatment or prevention of pollution of
r
wat*sWays, canals, streams, *to., contributing thereto.
The Lessee's introduction of objectional waste into any compon-
ent of the Lessor's sanitary or storm drainage systems shall be deemed.a
default and'* cause for immediate cancellation of this agreement, any
other provisions of this agreement to the contrary notwithstanding.
LEASE SUBJECT TO RIGHTS OF U.S. GOVERNMENT
36. In the event tSe Government shall-take over the exclusive use
of the premises or the Airport, and such use shall so restrict Lessee
and its operations as to make continued use of said Airport by Lessee i.im-
practical, then:
a) This lease and rights and obligations hereunder shall
either (1) automatically terminate, except as herein-
after provided or (2) if the Lessee so elects be sus-
pended during the period of such Governmental use of the
premises or Airport. In such case, the Lessee shall not
be required to pay any rental during the time of such•
suspension and the term of this lease shall automatically
be extended for the same period without any increase or
decrease in the total rent.
b) Any monies paid by the Government for the upkeep of, re-
pairs to and maintenance and replacement of said Airport,
shall be used by the Lessor for such purposes.
c) Any monies paid by the Government to the Lessor as fair•
rental for the use of the leased premises'shall thereupon
be retained by the Lessor, provided, however, that if the
Lessee shall elect to suspend this lease for the period of
the Government's occupancy of the premises, and rentals
are paid by the Government for use of any personal pr"e"t
or unamprtised capital improvements ingtall*d thereon by
• Lease*, the rentals received by the Lessor for such of
lessee's sa►i11 94cili,tios shall be tar the benefit of ;and
Paid, to up iappZiod to .4*9 amortiaatiap.
d) to .the , event the , R -lghwl take over the DOW-•ex0 `.V64
�,w1
March 10, 1981
um at thto Akymb, and such uoe by thO aovonvwnt WmU not matastally
rcatriet cc hawar tho meow in its operations. Loom shorn MAID
in possaasion of solo pramisos and Shall Continuo to pay rentals
'specified hcmoin to be peid. t .
37. 11» Losses in exeLvising any Of the rights ac privileges herein 9ran1 nsd,
shall not an the wade of rare, Color er natiCnal Origin discriminate cc patadt
disariminatIcn against any person or 9ralp or harmm a in any wanner prohibited by
Part 21 of the rules and regulations of the Seczetery of Tea- portatlan. 90 Leeson
is hereby granted the right to take such action, anything to the Contrary herein
notwithstanding, as the United States may direct to enfOLM this non- discrisination
Covenant.
38. go Lessee assures that it will =xkntake an affinamative action program
as seq;!red by 14 CJW Part 152, Subpart 8, to insure that no person shall an—the.
Wards CC rare, creed, coalar, national origin, or am be excluded from participating
in any sapient activities covered in 14 CFR Part 152, Subpart E. The Io0e9e
assures that no person shall be excluded on these grounds from participating in or
reoeivinng the services or benefits of any program or activity covered by this s�part.
The Lessee assures that it will require that its covered suborganizatierns provide assns-
antes to the Lessee that they similarly will undertake affirnmtive action programs and
that trey vill require assurances fscm thei ganiaat3Cns, as required by 14 aw
Part 152, S;tnpart 8, to the arse effect. 2m 708eor is hereby granted the right to
take such action, anything to the Contrary herein notwithstanding, as the Piederal Gar
-
I may direct to enforce this Uscriudnation canvenant.
SORRFAM CP PF42CLCM
39. "a Lessee shall sumeider up and deliver the leased premises to the Lasser
upon tandratian Cf this Lease Agremnent together with any and all structures for
rich the Lessor has made the electfaa to purdum.
40. Mn the event the Lessee shall refuse or fail to give up the possession ce .
the premises at the and of this Ioase Agreement, the Losses shall be liable far d0d"
rental,. as provided for in section 83.06, Plerida Statantes.
SPPJCLAL PFOIMUM
41. "o Caress fully understands that the police security prebeetion provided
by law enfornonont agencies far the above refarenoed pramiass, is 13rmited to first
provided to any other business situated in Oollier County, and acknowledge that any
epeaisl econrity Mae*= daceod n000ssary foe additional protvotim of tine laved
• pcoeisos shall bo the solo roepanani>siiihl of lino Lessee end shall inenaive no oast:
to tine mires,
N
March 10, 1981
42. "rot tho >raww rosoavas unto itaolf, ito xwwswn and aesigns, far tho
use and bwafit d tho publla, a right of flight for the pasRave of aircraft in tho
aisapooe atxrva t!w surfaao o! tfioraal property hcrroinotocar dasaribod togathttr Mitl� '
the right to am" in Raid airspsaa such noire as =W be inhorant in OF operation
f
of alramit am known ar howafber used, for navigation of or flight in the said 'y
airRpon, and for acne of said airepaco for landing on, taking off ftam or aparating
a
an• the Airport. £
43. fiat the Lessee expressly agl+aes for itself, its successors and 00519m,
' 9
to restrict the height at utructtiess, abjeCts of natural growth and other dVtzuatIorw e
as the hereinafter descsrAmd real prcpe ty to sudin a h dsk so as to CCWLY with Federal
mdatiacn aspulat3cina, Fart 77.
44. That the Lose= expressly agrees for itself, its svcoessors and assigns,
to pmvent any use of the hereinafter described real property which would interfere
tdth or adversely affect the operation or maintenance of the airport, ar otherwise
constitute an airport hazard,
45. -01- . thstanding anything herein contained that may be or appe+aac to the
contrary, it is expressly understood and agreed that the rights cued under this
Agreeaierht are non- exmbisive, and the Lessor herein reserves the right to grant
siailar privileges to another operator or other operators on other parts of the
fit•
REGM TWERM TO 7w ISSSCR
46. Rights not specifically granted the Lessee by this lease agreaoent are
teseocved to the Le6sor. .
l wmN= ummew, the parties hereto have caused this Agreement to be executed
by•thgir appropriate officials as of the date first above written.
Manor: BOARD Cr C1CUM OOM+QSSICtalBB
CR o0[d= CLOWN, FLO[t' h
Bar � C� • ���
I1BT, II9C'., A PLOtu0i1 QORfOtnllflf>ci
�ooK p64 n�a �$
V(._._—
T Nosh 10, 1981
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COLLIER COUNTYAIRPORTAUTr -7,-/
y 2005 Mainsail Drive Ste. 1
Naples, FL 34114 -8955
•.i (239) 642 -7878
Fax (239) 394 -3515
lbr// www.collieraviation.com
March 2, 2012
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
Your lease with the Collier County Airport Authority expired on March 10, 2011. We have been
negotiating your lease for almost one year and we must now bring this to a close. We have met
at least five times during the past year working toward negotiating a future lease. At our last
meeting held on December 28, 2012, we both established a goal to have the lease signed with
the Airport Authority by January 12, 2012. On January 10, 2012, you requested an additional
month for your attorney to review the draft lease given to you in December and I approved of
your request. We are now seven weeks past your requested date for an extension and the
Airport Authority is not in receipt of a signed lease.
I hope this serves as a helpful reminder that your signed lease is now due to the Airport
Authority. If we do not receive a signed copy of your lease by March 14, 2012, 1 will ask the
board to not allow you to operate on the Immokalee Airport past March 30, 2012. It is not in
the best interest of the county to allow you to operate at length without an approved lease. If
you have any questions you may contact me by email, chriscurry @colliergov.net or my
telephone, 239 - 642 -7878 x35. I hope to hear from you soon in regard to this matter.
Sincerely,
e%o U41- -r`.
Chris Curry
Executive Director
C: Steve Williams
U Marco Island Executive Airporl Irrvnokalee Regional Airpoirl Everglades Aupark
2005 Mainsail Drive Sle. 1 165 Airperk Boulevard P.O. Box 889
Naples, FL 341148955 Inimokalee, FL 34142 650 E.C. Ave* Road
(239) 3943355 (239)6.57-8003 Everglades CM. FL 34139
(239) 642 -5427 Fax (239) 657.9191 Fax (239) 6962778
(239) 695 -3558 Fax
Martha S. Ver ara L�7�oV
From: AlthouseTammy
Sent: Monday, March 19, 2012 3:27 PM
To: WilliamsSteven
Subject: RE: Mayhood Eviction ES
I have reopened in Client profiles with a due date of 3 -21. The RLS # is 12 -APA -00203 do you need it
printed out again
From: WilliamsSteven
Sent: Monday, March 19, 2012 3:25 PM
To: AlthouseTammy
Subject: FW: Mayhood Eviction ES
Let's reopen Mayhood Lease RLS, I can work on electronic version.
Steve
Steven T. Williams
Assistant Countti Attorney
Collier Counttj
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239252 -8400
Fax: 239- 252 -6300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 3:22 PM
To: WilliamsSteven
Subject: Mayhood Eviction ES
Steve,
Attached for your review, comment, etc. is the Draft Executive Summary to evict Three Mayhoods LLC from IMM.
Should we place both items, this and the Sub -Lease Agreement, at this time, and pull one later?
1 efi,(ue XYtlf#4gfA1mtt
Upouxtiona (eo,"4naton1 L",.CU Ve ffi.) Curt
('.�� '' �� C',c�cutty Clutpc�nt Clul�.attiti�,
239 -642 -7875 La. 34
Under Florida Law, e -mail addresses are public records. It you do riot want your e -mail address released it) respornse to a public records request, do riot send
electronic rnaii to this entity. Instead, coritact this office by telephone or in wfitinq
1
Martha S. Vergara 437- 5 79V
From: WilliamsSteven
Sent: Monday, March 19, 2012 3:37 PM
To: AlthouseTammy
Subject: RE: Mayhood Eviction ES
No, I will review new ES and you can open and close.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3290 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239252 --8400
Fax: 239- 252 --6300
From: AlthouseTammy
Sent: Monday, March 19, 2012 3:27 PM
To: WilliamsSteven
Subject: RE: Mayhood Eviction ES
I have reopened in Client profiles with a due date of 3 -21. The RLS # is 12 -APA -00203 do you need it
printed out again
From: WilliamsSteven
Sent: Monday, March 19, 2012 3:25 PM
To: AlthouseTammy
Subject: FW: Mayhood Eviction ES
Let's reopen Mayhood Lease RLS, I can work on electronic version.
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252. -8400
Fax: 239 - 252 -6300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 3:22 PM
1
Tm:VWUhamsSteven
Subject: Mmyhood Eviction ES
Attached for your review, comment, etc. is the Draft Executive Summary to evict Three Mayhoods LLC from IMM.
Should we place both items, this and the Sub-Lease Agreement, at this time, and pull one later?
Defi6ic
elpumwtioa.) (6oi,)tam
('o@" 6rhamd authwtity
239-642-7878 Ext.34
Under Florida Law, e, mail addresses are public records n you om not want your e mail address released m response mupublic records request, un not send
electronic mail to this entity, Instead. contact this office by telephone or in writing,
Martha S. Ver ara �� (79
From: WilliamsSteven
Sent: Monday, March 19, 2012 4:12 PM
To: BrueggemanDebra
Cc: AlthouseTammy
Subject: RE: Mayhood Eviction ES
Attachments: 3 -27 -12 ES Mayhood Eviction STW.docx
Debbie,
Only the most minor of changes, "Three Mayhoods LLC" needs a comma after "Mayhoods"
Otherwise fine.
Tammy,
You can close RLS
Thanks,
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 -252 -8400
Fax: 239252 -6300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 3:22 PM
To: WilliamsSteven
Subject: Mayhood Eviction ES
Steve,
Attached for your review, comment, etc. is the Draft Executive Summary to evict Three Mayhoods LLC from IMM.
Should we place both items, this and the Sub -Lease Agreement, at this time, and pull one later?
J9eb&.e ,13weq.c4 iLwt.
Opeaczticut� eowulinatvnlE:zwutive CZo:si<s&mt
2 39- 642 -787 8 ,E,a;t. 34
1
Under I londa I aw, e-mail addresses are public, records. If you do not want your e -mail address ieleased in response to a public records request do not send
electronic mail to this entily Instead, contact this office by telephone or in writing
EXECUTIVE SUMMARY
Recommendation to authorize the County Attorney to take all necessary action, including filing a
lawsuit, to evict Three Mayhoods, LLC from its present location at the Immokalee Regional
Airport, and to pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority.
OBJECTIVE: To evict Three Mayhoods, LLC from the Immokalee Airport and collect any holdover
rent, damages, and costs that may be due and owing to the Airport Authority.
CONSIDERATIONS: On March 10, 1981, Luft, Inc. and Collier County entered into a twenty (20)
year Lease Agreement ( "Agreement ") for the use of 5.079 acres of land at the Immokalee Regional
Airport. Collier County subsequently formed a dependent Airport Authority ( "Authority"), and assigned
its rights in the Lease to the Authority with rights to modify and accept assignments.
On July 10, 1996 D.C. Air, Inc. purchased from Luft, Inc. its interest in the Agreement. The Agreement
was assigned to D.C. Air, Inc. ( "Lessee ") and modified to extend the time period of the Agreement for an
additional ten (10) year period, and remove the right of the Lessee to offer for sale to the public aircraft
fuel. On March 1, 1998, the Agreement was amended to reduce the leased area from 5.079 acres to two
(2) acres. The Agreement, as amended, expired on March 10, 2011.
The Executive Director of the Collier County Airport Authority, Mr. Chris Curry, has extended the
Agreement for the past year while negotiating a Sub - Lease Agreement with Three Mayhoods LLC. By
certified letter dated March 2, 2012 from Mr. Curry to Mr. Leroy,Mayhood, Mr. Mayhood was informed
the Mr. Curry would request that the Board not allow Three Mayhoods LLC to operate on the Immokalee
Airport past March 30,;2012 if the Airport Authority did not received a signed copy of its Sub -Lease
Agreement by March 14, 2012. Mr. Curry's letter is attached as backup to this agenda item.
Efforts to negotiate a new Sub -Lease Agreement have been unsuccessful.
LEGAL CONSIDERATIONS: If Three Mayhoods, ''LLC does not voluntarily vacate the property, an
eviction is necessary to lawfully ' "remove 'Three Mayhoods LLC from the property. (STW)
FISCAL IMPACT: The filing fee for an ''eviction action in County Court is approximately $185.
Service of the process of the complaint will cost no more than $70. The County Attorney and Collier
County Airport Authority staff time and resources would also be necessary to pursue the eviction action.
If Collier County pursues a lawsuit and prevails it may receive a judgment ordering holdover rent,
damages, and costs due and owing to Collier County.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board authorize the County Attorney to take all necessary action,
including filing a lawsuit, to evict Three Mayhoods LLC from its present location at the Immokalee
Regional Airport, and to pursue any holdover rent, damages, and costs that may be due and owing to the
Airport Authority.
PREPARED BY: Chris Curry, Executive Director, Airport Authority
Steven T. Williams, Assistant County Attorney
Martha S. Vergara 7 -3oa--
From: BrueggemanDebra
Sent: Monday, March 19, 2012 4:16 PM
To: WilliamsSteven
Subject: RE: Mayhood Eviction ES
Thanks, Steve.
Should we put both Executive Summaries on the Agenda for now?
Jqwk, J3We"zMCM
239- 642 -7878 &t. 34
From: WilliamsSteven
Sent: Monday, March 19, 2012 4:12 PM
To: BrueggemanDebra
Cc: AlthouseTammy
Subject: RE: Mayhood Eviction ES
Debbie,
Only the most minor of changes, "Three Mayhoods LLC" needs a comma after " Mayhoods"
Otherwise fine.
Tammy,
You can close RLS
Thanks,
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 2528400
Fax: 239- 2526300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 3:22 PM
To: WilliamsSteven
Subject: Mayhood Eviction ES
Steve,
Attached for your review, comment, etc. is the Draft Executive Summary to evict Three Mayhoods LLC from IMM.
Should we place both items, this and the Sub-Lease Agreement, at this time, and pull one later?
Debbie, 33,tueggeman
Cpeuttion,.i emmditudvi1&zet1tive (b.)IRant
eoffi4m bunt y, aitpo,%t Mdfw4ity,
239-642-75'78 &_t. 34
Under Florida Law, e-rnail addresses are public records If you do not want your e-rnail 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
Martha S. Vergara
From: AlthouseTammy
Sent: Monday, March 19, 2012 4:18 PM
To: WilliamsSteven; BrueggemanDebra
Subject: RE: Mayhood Eviction ES
Closed (D
From: WilliamsSteven
Sent: Monday, March 19, 2012 4:12 PM
To: BrueggemanDebra
Cc: AlthouseTammy
Subject: RE: Mayhood Eviction ES
Debbie,
Only the most minor of changes, "Three Mayhoods LLC" needs a comma after "Mayhoods"
Otherwise fine.
Tammy,
You can close RLS
Thanks,
Steve
Steven T. Williams
Assistant Counti3 Attornei)
Collier Counttj
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239.252 -8400
Fax: 239252 -6300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 3:22 PM
To: WilliamsSteven
Subject: Mayhood Eviction ES
Steve,
Attached for your review, comment, etc. is the Draft Executive Summary to evict Three Mayhoods LLC from IMM.
Should we place both items, this and the Sub -Lease Agreement, at this time, and pull one later?
Debbie Atueq
, yernan
Opciatim.5 (v-v4diiudem1&xkcu4ve (6nbtant
evffieA 0ounty, (IiVo,%t autfumity,
239-642-7878 Ext. 34
Under Flofida 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
Martha S. Veraara J' 4L73C�s
From:
WilliamsSteven
Sent:
Monday, March 19, 2012 4:19 PM
To:
BrueggemanDebra
Cc:
AlthouseTammy
Subject:
RE: Mayhood Eviction ES
Only through tomorrow early perhaps or whenever Leo's publishing deadline is. Then the eviction one only.
Steve
Steven T. Williams
Assistant Countij Attorneij
Collier Counti)
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 --252 -8400
Fax: 239 -- 2526300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 4:16 PM
To: WilliamsSteven
Subject: RE: Mayhood Eviction ES
Thanks, Steve.
Should we put both Executive Summaries on the Agenda for now?
Debbie J3weffanc rt
239- 642 -7878 Ut. 34
From: WilliamsSteven
Sent: Monday, March 19, 2012 4:12 PM
To: BrueggemanDebra
Cc: AlthouseTammy
Subject: RE: Mayhood Eviction ES
Debbie,
Only the most minor of changes, "Three Mayhoods LLC" needs a comma after " Mayhoods"
Otherwise fine.
Tammy,
You can close RLS
Thanks,
Steve
Steven T. Williams
Assistant County Attorney
Collier County
3299 East Tdrntarni Trail, Suite 800
Naples, Florida 34112
Tel: 239-252-8400
Fax: 239252-6300
From: BrueggemanDebra
Sent: Monday, March 19, 2012 3:22 PM
To: WilliamsSteven
Subject: Mayhood Eviction ES
Steve,
Attached for your review, comment, etc. is the Draft Executive Summary to evict Three Mayhoods LLC from IMM.
Should we place both items, this and the Sub-Lease Agreement, at this time, and pull one later?
Debff& Wute4
239-642-7878 &t. 34
Under Florida Law e-marl addresses are public records If you do riot want your e mail address released in response to a public records reqLwst, do riot send
eieclf(wic mail to INS entity Irlstead contm,�t this offioP, by telephone or in writing
Martha S. Vergaral
From: BrueggemanDebra
Sent: Monday, March 19, 2012 4:24 PM
To: CurryChris
Subject: Mayhood Eviction Executive Summary
Chris,
Should we put the Mayhood Eviction Executive Summary on the Consent Agenda or the Regular Agenda?
DeAke X-atq)qemait
Opeuttiew ('ootd&tato41&em&w, 61.5.5btcutt
eoffie% 6aftN' (1&PO'd (&tho'dti't
239 -642 -7878 ,Ex-t. 34
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
electronw, mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Vergara -; 5�(; 3C&%
From: CurryChris
Sent: Monday, March 19, 2012 4:27 PM
To: BrueggemanDebra
Subject: Re: Mayhood Eviction Executive Summary
Debi, I would put it on the regular agenda.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: BrueggemanDebra < DebraBrueg _aeman(a)colliergov.net>
To: CurryChris <ChrisCur[y(a)-colliergov.net>
Sent: Mon, Mar 19, 2Q12 20:24:25 GMT +00:00
Subject: Mayhood Eviction Executive Summary
Chris,
Should we put the Mayhood Eviction Executive Summary on the Consent Agenda or the Regular Agenda?
,`l)'fifie, "Bu"g r tan
Cpewtiotw C' untlirzatun/ :cecutive a.,sintant
eouiot e'.aur:ty. ai.,tpaxt (htthwai ,,
239 -642 -7878 E1:t. 34
Under 1 Ionda Law e -mail addresses are public,, reCOMs. If you do riot want your e-mail address releaSeci in response to a public; records request, do not send
electronic mai; to this entity, Instead contact this office by telepbonc ac, m wrhng.
Martha S. Verqara
From: S Mayhood <suezg05 @aol.com>
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
<DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anythinq having to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mai Ito: suezg05(Qaol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(�D-colliergov.net>
To: S Mayhood <suezg05(5aol.com>
Cc: ColettaJim <JimColetta a�colliergov.net >; WilliamsSteven <StevenWilliams ()colliergov .net >; BrueggemanDebra
<DebraBrueggemanQa colliergov .net >; VergoThomas <ThomasVerqo(a-)-colliergov.net >; Fiala Donna
<DonnaFialaCa„ colliergov.net >; HillerGeorgia < Geor giaHilleracolliergov.net >; HenningTom
<TomHenning(d�colliergov. net >; CoyleFred <FredCoyle�colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala@colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
2
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
<StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
9
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
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,
4
Martha S. Vergara -*tff-11Z?f
From: CurryChris
Sent: Tuesday, March 20, 2012 10:35 AM
To: S Mayhood
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred; OchsLeo; KlatzkowJeff
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal
use may exclude those included in your company, please provide the airport with all aircraft tail numbers that you
currently own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to
operate on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Tuesday, March 20, 2012 9 :31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBru egg eman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henning@colliergov. net>; CoyleFred <FredCoyle @colIiergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mai Ito: sueza05(a)aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Bruegge man Debra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry�a colliergov.net>
To: S Mayhood <suezg05CcD-aol.com>
Cc: ColettaJim <JimColetta(o)colliergov.net >; WilliamsSteven <StevenWilliams(d-)collieraov.net >; BrueggemanDebra
<DebraBrueggeman(a colliergov .net >; VergoThomas <ThomasVergo(o) colliergov.net >; FialaDonna
<DonnaFiala(o)-colliergov.net >; HillerGeorgia < GeorgiaHillera- colliergov.net >; HenningTom
<Tom Hen nin4(a)collier4ov.net >; CoyleFred <FredCoyle(a?_collierpov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
3
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood ( mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
4
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, CIO not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Vergara X35 7397
From: S Mayhood <suezg05 @aol.com>
Sent: Tuesday, March 20, 2012 3:32 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred; OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
We have been asking for a lease since January 2011, when we sent a letter requesting to exercise the renewal option of
the current lease. This request went unanswered. We then met in March 2011 and have been negotiating a new lease
ever since. We didn't receive your draft in the mail in time to review it for our original deadline of January 12,
2012. Since we received your letter requesting that we finalize this lease in March, we have been in constant contact with
you via email. As you requested last week, we have been continuing to negotiate the use terminology of our building.
Now that you have threatened eviction, we have no choice but to sign the lease with the use that you have assigned us
without consent. We will have a signed lease to you by the end of the week. See you at the BCC meeting on March 27,
2012
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)2�9- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mai1to:suezg05(a),aol.com]
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurryg.colliergov.net>
To: S Mayhood <suezg05@aol.com>
Cc: ColettaJim <JimColettapa colliergov.net >; WilliamsSteven <StevenWiIIiams a{-),col Iiergov,net >; BrueggemanDebra
<DebraBrueggeman(a)scolliergov .net >; VergoThomas <ThomasVergo@a colIiergov.net >; FialaDonna
<DonnaFiala(c@colliergov.net >; HillerGeorgia < GeorgiaHiller (cD-colliergov.net >; HenningTom
<TomHenning(@colliergov.net >; CoyleFred <Fred Coylea-col I iergov. net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anvthinq having to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mai Ito: suezg05 .aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(@colliergov.net>
To: S Mayhood <suezg05(Qaol.com>
Cc: ColettaJim <JimColetta(a)colliergov.net >; WilliamsSteven < StevenWilliams (cDcolliergov.net >; BrueggemanDebra
< DebraBrueggeman (a)_colliergov.net >; VergoThomas <ThomasVergo(a�colliergov.net >; FialaDonna
<DonnaFiala colliergov.net >; HillerGeorgia < GeorgiaHilleraC )icolliergov.net >; HenningTom
<TomHenning(a�colliergov.net >; CoyleFred <FredCoyleC)a colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< Stevenwilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
4
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
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.
3
Martha S. Vergara
From:
HenningTom
-411-1
Sent: Tuesday, March 20, 2012 3:44 PM
To: 'suezg05 @aol.com'; CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; Fialaponna;
HillerGeorgia; CoyleFred; OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Please remove my email address from this email chain
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Tuesday, March 20, 2012 03:32 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
7381
VergoThomas; Fialaponna; HillerGeorgia; HenningTom; CoyleFred;
We have been asking for a lease since January 2011, when we sent a letter requesting to exercise the renewal option of
the current lease. This request went unanswered. We then met in March 2011 and have been negotiating a new lease
ever since. We didn't receive your draft in the mail in time to review it for our original deadline of January 12,
2012. Since we received your letter requesting that we finalize this lease in March, we have been in constant contact with
you via email. As you requested last week, we have been continuing to negotiate the use terminology of our building.
Now that you have threatened eviction, we have no choice but to sign the lease with the use that you have assigned us
without consent. We will have a signed lease to you by the end of the week. See you at the BCC meeting on March 27,
2012
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWiIIiams @colIiergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, L.L.C. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a)-aol.com]
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry_a)_colliergov.net>
To: S Mayhood <suezg05(Qaol.com>
Cc: ColettaJim <JimColetta cc),colliergov.net >; WilliamsSteven <StevenWilliams cDcollierg_ov.net >; BrueggemanDebra
<DebraBrueggeman(o)-colliergov .net >; VergoThomas <ThomasVergo .collieraov.net >; FialaDonna
<DonnaFiala@collier oq u.net >; HillerGeorgia < GeorgiaHiller (acollierpov.net >; HenningTom
<TomHenning acolliergov.net >; CoyleFred <FredCoylea- colliergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance, operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a)aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCur[y@ collier oy v.net>
To: S Mayhood <suezg05 aeaol.com>
Cc: ColettaJim <JimColetta(a)colliergov.net >; WilliamsSteven < StevenWilliams a- colliergov.net >; BrueggemanDebra
<DebraBrueggeman(a),colliergov .net >; VergoThomas <ThomasVergoacolliergov.net >; FialaDonna
<DonnaFialaCa.collierg_ov.net >; HillerGeorgia < GeorgiaHilleraacolliergov.net >; HenningTom
<Tom Henn ing(d-)colliergov.net >; CoyleFred <FredCoyle(a),colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezgO5 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra < DebraBrueggeman @colliergov.net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
<Stevenwilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood ( mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
2
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete
not been given a finalized lease
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
draft which you provided for review, but I have
to sign. Please send a completed lease so we
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.
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.
5
Martha S. Ver ara T �3&
From: CurryChris
Sent: Tuesday, March 20, 2012 3:54 PM
To: S Mayhood
Cc: OchsLeo; BrueggemanDebra; WilliamsSteven
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Our cutoff date to place an item on the next agenda is tomorrow at the close of business. If you provide me a lease after
tomorrow, it will be on the agenda in April and I will remove the eviction from consideration on March 27, 2012. If you
do not provide me with a signed lease by March 27, 2012, the eviction notice will move forward. If you provide a lease
after tomorrow and before March 27, 2012, there will be no items for you on this agenda. I hope that this clarifies my
process with the Board of County Commissioners.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Tuesday, March 20, 2012 3:32 PM
To: CurryChris
Cc: Coletta3im; WilliamsSteven; BrueggemanDebra; VergoThomas;
OchsLeo; Klatzkow3eff
Subject: Re: Immokalee Airport Lease
FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
We have been asking for a lease since January 2011, when we sent a letter requesting to exercise the renewal option of
the current lease. This request went unanswered. We then met in March 2011 and have been negotiating a new lease
ever since. We didn't receive your draft in the mail in time to review it for our original deadline of January 12,
2012. Since we received your letter requesting that we finalize this lease in March, we have been in constant contact with
you via email. As you requested last week, we have been continuing to negotiate the use terminology of our building.
Now that you have threatened eviction, we have no choice but to sign the lease with the use that you have assigned us
without consent. We will have a signed lease to you by the end of the week. See you at the BCC meeting on March 27,
2012
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezc105@aol.coml
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a)colliergov.net>
To: S Mayhood <suezg05(a-)-ao1.com>
Cc: ColettaJim <JimColetta§colliergov.net >; WilliamsSteven < StevenWilliams acolliergov.net >; BrueggemanDebra
<Debra Brueggeman(a)colliergov. net>; VergoThomas <ThomasVerao(a)colliergov.net >; FialaDonna
<DonnaFialaacolliergov.net >; HillerGeorgia < GeorgiaHiller acolliergov.net >; HenningTom
<Tom Hen ning@colliergov.net >; CoyleFred <FredCoyle(cDcollier o�>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance, operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mai1to:suezg05(a)ao1.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(c)-colliergov.net>
To: S Mayhood <suezy05Ca.aol.com>
Cc: ColettaJim <JimColetta(d-)colliergov.net >; WilliamsSteven <StevenWilliamsacollierq_ov .net >; BrueggemanDebra
<DebraBrueggeman .colliergov.net >; VergoThomas < ThomasVergotc7i .colliergov.net >; FialaDonna
<DonnaFiala ancolliergov.net >; HillerGeorgia <GeorgiaHiller(d)colliergov.net >; HenningTom
<TomHennin0colIiergov.net >; CoyleFred <FredCoyle colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
4
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezgO5 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
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.
5
Martha S. Ver ara3�T"7,3�
From: S Mayhood <suezg05 @aol.com>
Sent: Friday, March 23, 2012 3:51 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred; OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Attachments: Immokalee_Lease_2012.pdf; immokalee_hanger.doc
Mr. Curry,
Under threat of eviction, we have signed the lease. The majority of negotiation time was spend on determining our
aeronautical status, which we felt was wasteful since we have been flying and storing multiple aircrafts at the Airport for
nearly 20 now. Important items to us, such as duration of lease, renewal options, and the building use were apparently
non- negotiable and were assigned without our consent. For unknown reasons you denied all of the uses we provided.
We were proactive in asking to exercise our renewal option in our lease. I spoke with Debbi Mueller in January 2011 and
wrote a letter two months prior to our lease expiring. It was after the lease expired when we received the first
correspondence, dated April 4, 2011, from the Airport and our meetings took place starting in October 2011.
met with Commissioner Coletta on January 9, 2012 with our concerns regarding the lease negotiations. I then asked to
continue our negotiations so that we would have time to review the lease draft and get legal consultation. Since your
letter dated March 2, 2012, we have been rushed trying to complete negotiations and finalize a lease. It is very difficult to
negotiate with someone who repeatedly doesn't answer our questions. We look forward to future renegotiations with the
Airport.
Please confirm that you have received our lease and let us know the date it will be on the agenda for the BCC.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWiIIiams @colliergov.net >; BrueggemanDebra
<DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezc105@aol.coml
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport "?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(d-)colliergov.net>
To: S Mayhood <suezg05(d)aol.com>
Cc: ColettaJim <JimColett�colliergov.net >; WilliamsSteven <StevenWilliams o)colliergov.net >; BrueggemanDebra
<DebraBrueggeman colliergov.net >; VergoThomas < ThomasVerg_oa- colIi erg ov.net >; FialaDonna
<DonnaFialaa- colliergov.net >; HillerGeorgia < GeorgiaHillera_colliergov.net >; HenningTom
<TomHenninq_gcolliergov.net >; CoyleFred <FredCoyleCc�colliergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything havinq to do with aircraft maintenance, operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mai Ito: suezg05(o-)-aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry� collier cov.net>
To: S Mayhood <suezg05Qaol.com>
Cc: ColettaJim <JimColetta(a )colliergov.net >; WilliamsSteven < StevenWilliams (a)colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas < ThomasVergo(c).colliergov.net >; FialaDonna
<DonnaFiala (a)colliergov.net >; HillerGeorgia < GeorgiaHiller()colliergov.net >; HenningTom
<TomHenning - colliergov.net >; CoyleFred <FredCoyle(c�colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net>; WilliamsSteven
<StevenWilliams @colliergov.net >;
BrueggemanDebra < Debra $rueggeman @colliergov.net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia < GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com<mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
we currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
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.
Wi
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 1st day of April, 2012, between the
Board of County Commissioners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, (hereinafter referred to as the "Authority") and Three Mayhoods LLC.,
a corporation, (hereinafter referred to as "Sub- Lessee "), collectively stated as the "Parties."
RECITAL-$:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ("Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyanre. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub -Lewd Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the Immokalee Regional Airport,
Airpark Boulevard, Immokalee, Florida, which equates to 87,120 square feet of leased area, more
particularly described in the attached Exhibit "A ", hereinafter referred to as the "Premises."
3. Initi la Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on March 31, 2022.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
building shall remain under the ownership of the Sub - Lessee or his assignee. Sub- Lessee shall, at
Sub - Lessee's expense, remove the building, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub- Lessec, at Sub- Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
Revised: March 13, 2012, CAO Sub - Lease Agreement Three Mayhoods, LLC
f Wt
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to maintain a hangar for anything associated with aircraft maintenance, storage. and
operation of aircraft for personal use or aircraft leased by the Sub - Lessee, which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority, has found
to be in the public's interest. The Authority shall have the right to terminate this Sub -Lease
should the Sub - Lessee utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option
of the Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and
the Sub - Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if
such cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.10 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The.base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
2
Revised: March 13.2012, CAO Sub -Lease Agreement 1bree Mayhoods, LLC
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
3
Revised: March 13, 2012, CAO
SO-Lease Agrecment Three Mayhoods, LLC
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub- Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub- Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub- L &ssee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access your "Premises ".
17. Terminati2n and Surrender. Unless otherwise mutually agreed by the Parties, within
one hundred twenty (120) days after termination of the Sub -Lease term, the Sub - Lessee shall
redeliver possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right at any time during its occupancy of the Premises to remove any of its personal
property, equipment, and signs provided, however, at the termination of this Sub - Lease, Authority
shall have the option of either requiring Sub - Lessee to demolish and remove all improvements
made by Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub -
Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Authority upon Sub - Lessee's vacation of the Premises.
4
Revised: March 13, 2012, CAO
Sub - Lease Agreement Three Mayhoods. LLC
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub- Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub - Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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
5
Revised: March 13, 2012. CAO Sub -Lease Agreement Three M hoods, LLC
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 Sub -
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 Sub - 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub- Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authori . 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
6
Revised: March 13, 2012, CAO Sub -Lease Agreement Three Mayhoods, LLC
}
ii. Sub- 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - 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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub- Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the I' day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. A =rt L.ItYeIgg ment. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport O_pMtions. The Sub - 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
7
Rovised: March 13, 2012, CAO Sub -Lease Agreement Three Ma Dods, LLC
�Yy'
other obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub- 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
8
Revised: March 13, 2012, CAO
Sub -Lease Agreement Three r h,,%, LLC
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Maieure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub - 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 Sub - Lessee shall use the Sub - 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
9
Revised: March 13, 2012. CAO sub - Lease Agreement Three Mayhqods, LLC
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 Sub-Lease and to re-enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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.
34, Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE:
Witness (signature)
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Witness (signature)
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By. W 3 -2-3 -2012.
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10
Revised: March 13, 2012. CAO Sub -Lease Agreement Three Mayhoods, LLC
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
Revised: March 13, 2012, CAO
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By:
FRED W. COYLE, Chairman
11
Sub -Loase Agrccmeut Th►ce Ma hoods, LLC
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January 11, 2011
Mr. Chris Curry
Collier County Airport Authority
2005 Mainsail Dr. Suite 1
Naples, FL 34114
RE: Land Lease at Immokalee Airport
Mr. Curry,
My current land lease in Immokalee will be expiring March 10, 2011. 1 am asking that
you will extend the current lease for a minimum of 10 years with some additional
renewal options of 10+ years. If you have any questions, please contact me.
Sincerely,
LW "Corky" Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239 - 872 -1633
Martha S. Vergara - �35 75?9 (
From:
CurryChris
Sent:
Friday, March 23, 2012 4:15 PM
To:
S Mayhood
Cc:
BrueggemanDebra; VergoThomas; WilliamsSteven; OchsLeo
Subject:
RE: Immokalee Airport Lease
Ms. Mayhood,
Please mail a copy of the original lease to the following address: Chris Curry, 2005 Mainsail Drive, Suite #1 Naples, FL
34114 or you can deliver the original copy to Thomas Vergo, Airport Manager at the Immokalee Regional Airport. You
mentioned that I did not negotiate items that were important to you. I would beg to differ because one of the items
negotiated was to continue with a new lease of any duration. A new lease of 10 years was solely at the discretion of the
Airport Authority. Your lease agreement will be placed on the Board agenda for April 10, 2012. In additon, if you wish to
voice your concerns the Airport Advisory Board meeting will be held on April 2, 2012 at Marco Island Airport. They
approved the draft of your lease in January 2012 based on your promise to return a signed lease at that time. We look
forward to having you as a valued airport tenant.
Sincerely
Chris Curry
Executive Director
From: S Mayhood [suezg05 @aol.com]
Sent: Friday, March 23, 2012 3:50 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Under threat of eviction, we have signed the lease. The majority of negotiation time was spend on determining our
aeronautical status, which we felt was wasteful since we have been flying and storing multiple aircrafts at the Airport for
nearly 20 now. Important items to us, such as duration of lease, renewal options, and the building use were apparently
non - negotiable and were assigned without our consent. For unknown reasons you denied all of the uses we provided.
We were proactive in asking to exercise our renewal option in our lease. I spoke with Debbi Mueller in January 2011 and
wrote a letter two months prior to our lease expiring. It was after the lease expired when we received the first
correspondence, dated April 4, 2011, from the Airport and our meetings took place starting in October 2011.
I met with Commissioner Coletta on January 9, 2012 with our concerns regarding the lease negotiations. I then asked to
continue our negotiations so that we would have time to review the lease draft and get legal consultation. Since your
letter dated March 2, 2012, we have been rushed trying to complete negotiations and finalize a lease. It is very difficult to
negotiate with someone who repeatedly doesn't answer our questions. We look forward to future renegotiations with the
Airport.
Please confirm that you have received our lease and let us know the date it will be on the agenda for the BCC.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colIiergov.net >; VergoThomas <ThomasVergo @colIiergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Torn Hen ning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, L.L.C. As such,
we understand that there may be multiple aircraft involved with your business entity. If there is a concern that
personal use may exclude those included in your company, please provide the airport with all aircraft tail
numbers that you currently own or lease. Once you have provided this list, any aircraft that you may purchase
or lease in the future will be added. We will consider this list to be those that would qualify under your personal
use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority
on January 12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to
review. On March 2, 2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as
the date to provide a signed copy of your lease. I stated in my letter that if you did not comply with this date I
would ask the BCC to not allow you to operate on the Airport past March 30, 2012. This date has passed and
we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the
new lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises
to have a signed lease I am not sure this will happen. Therefore, I have decided to place your item on the
Board of County Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed
lease by the weekend as promised, I will remove the item from the agenda. If you do not I will proceed with the
request for eviction. You are a valuable customer to the Immokalee Airport and we would hate to lose you as a
tenant. I feel that the Airport has been very fair and compromising in our discussions with you over the past
year based on the age, location and lack of proper access to your facility. However, it is not in the best interest
of the County to allow a tenant to operate for more than a year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05Cci)aol.com1
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal' in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(- colliergov.net>
To: S Mayhood <suezg05a_aol.com>
Cc: ColettaJim <JimColetta ()- colliergov.net >; WilliamsSteven < StevenWilliams (a)_colliergov.net >; Brueggemanpebra
< pebraBrueggeman (a)colliergov.net >; VergoThomas <ThomasVergoacolliergov.net >; FialaDonna
<QonnaFiala ocolliergov.net >; HillerGeorgia <GeorgiaHiller colIiergov.net >; HenningTom
<TomHenning(a�collier. ov.net >; CoyleFred <FredCoyl�colliergov.net>
Sent: Thug Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood (mailto:suezg05(cDaol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggemanpebra;
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurrV _colliergov.net>
To: S Mayhood <suezg05(cDaol.com>
Cc: ColettaJim <JimColetta@colliergov.net >; WilliamsSteven <StevenWilliams .colliergov.net >; BrueggemanDebra
<DebraBrueggeman(aZcolliergov .net >; VergoThomas <ThomasVergoa- colliergov.net >; FialaDonna
<DonnaFiala (d,)colliergov.net >; HillerGeorgia < GeorgiaHillerC2colliergov.net >; HenningTom
<TomHenning(a-)-colliergov.net >; CoyleFred <FredCoyle,@a colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <Chriscurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
4
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood ( mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete
not been given a finalized lease
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
draft which you provided for review, but I have
to sign. Please send a completed lease so we
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
5
electronic mail to this entity. Instead, contact this office by telephone or in
writing.
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.
'tor
Martha S.
From:
WilliamsSteven
Sent:
Friday, March 23, 2012 4:17 PM
To:
KlatzkowJeff
Subject:
FW: Immokalee Airport Lease
FYI
Steve
Steven T. Williams
Assistant County Attornet)
Collier CountiJ
3299 East Tamiami Trail, Suite 800
Naples, Florida 34112
Tel: 239 - 252 -8400
Fax: 239-252-6300
From: CurryChris
Sent: Friday, March 23, 2012 4:15 PM
To: S Mayhood
Cc: BrueggemanDebra; VergoThomas; WilliamsSteven; OchsLeo
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
Please mail a copy of the original lease to the following address: Chris Curry, 2005 Mainsail Drive, Suite #1 Naples, FL
34114 or you can deliver the original copy to Thomas Vergo, Airport Manager at the Immokalee Regional Airport. You
mentioned that I did not negotiate items that were important to you. I would beg to differ because one of the items
negotiated was to continue with a new lease of any duration. A new lease of 10 years was solely at the discretion of the
Airport Authority. Your lease agreement will be placed on the Board agenda for April 10, 2012. In additon, if you wish to
voice your concerns the Airport Advisory Board meeting will be held on April 2, 2012 at Marco Island Airport. They
approved the draft of your lease in January 2012 based on your promise to return a signed lease at that time. We look
forward to having you as a valued airport tenant.
Sincerely
Chris Curry
Executive Director
From: S Mayhood [suezg05 @aol.com]
Sent: Friday, March 23, 2012 3:50 PM
To: CurryChris
Cc: Coletta)im; WilliamsSteven; B rueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Under threat of eviction, we have signed the lease. The majority of negotiation time was spend on determining our
aeronautical status, which we felt was wasteful since we have been flying and storing multiple aircrafts at the Airport for
1
nearly 20 now. Important items to us, such as duration of lease, renewal options, and the building use were apparently
non - negotiable and were assigned without our consent. For unknown reasons you denied all of the uses we provided.
We were proactive in asking to exercise our renewal option in our lease. I spoke with Debbi Mueller in January 2011 and
wrote a letter two months prior to our lease expiring. It was after the lease expired when we received the first
correspondence, dated April 4, 2011, from the Airport and our meetings took place starting in October 2011.
I met with Commissioner Coletta on January 9, 2012 with our concerns regarding the lease negotiations. I then asked to
continue our negotiations so that we would have time to review the lease draft and get legal consultation. Since your
letter dated March 2, 2012, we have been rushed trying to complete negotiations and finalize a lease. It is very difficult to
negotiate with someone who repeatedly doesn't answer our questions. We look forward to future renegotiations with the
Airport.
Please confirm that you have received our lease and let us know the date it will be on the agenda for the BCC.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <J imColetta@colliergov. net>; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colIiergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such,
we understand that there may be multiple aircraft involved with your business entity. If there is a concern that
personal use may exclude those included in your company, please provide the airport with all aircraft tail
numbers that you currently own or lease. Once you have provided this list, any aircraft that you may purchase
or lease in the future will be added. We will consider this list to be those that would qualify under your personal
use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority
on January 12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to
review. On March 2, 2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as
the date to provide a signed copy of your lease. I stated in my letter that if you did not comply with this date I
would ask the BCC to not allow you to operate on the Airport past March 30, 2012. This date has passed and
we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the
new lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises
to have a signed lease I am not sure this will happen. Therefore, I have decided to place your item on the
Board of County Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed
lease by the weekend as promised, I will remove the item from the agenda. If you do not I will proceed with the
request for eviction. You are a valuable customer to the Immokalee Airport and we would hate to lose you as a
tenant. I feel that the Airport has been very fair and compromising in our discussions with you over the past
year based on the age, location and lack of proper access to your facility. However, it is not in the best interest
of the County to allow a tenant to operate for more than a year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(c-).aol.com]
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a-)colliergov.net>
To: S Mayhood <suezg05(cDaol.com>
Cc: ColettaJim <JimColetta(a)colliergov.net >; WilliamsSteven <StevenWilliams cDcolliergov.net >; BrueggemanDebra
<DebraBrueggeman(a2colliergov .net >; VergoThomas <ThomasVergo - colliergov.net >; FialaDonna
<DonnaFiala(a7colliergov.net >; HillerGeorgia < GeorgiaMiller�a�collier gov.net >; HenningTom
<TomHenning(a�colliergov.net >; CoyleFred <FredCoyle(a.coIIiergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(VV)239- 642 -7878 x35
(C) 239- 269 -3353
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCur[yCcDcollier oq v_net>
To: S Mayhood <suezg05(a)aol.com>
Cc: ColettaJim <JimColetta(D-colliergov.net >; WilliamsSteven < StevenWiIIiams (&colliergov.net >; BrueggemanDebra
<DebraBrueq„geman(a�colliergov .net >; VergoThomas <ThomasVergo Qcolliergov.net >; FialaDonna
<DonnaFiala(a-)colliergov.net >; HillerGeorgia < GeorgiaHiller Ca.colliergov.net >; HenningTom
<TomHenninga- colliergov.net >; CoyleFred <FredCoyle(a)colIiergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry@colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
<Stevenwilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
4
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood ( mailto: suezg05@ aol .com <mailt2:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
5
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
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.
6
Martha S. Ver ara
From: KlatzkowJeff
Sent: Friday, March 23, 2012 4:35 PM
To: 'S Mayhood'; CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred; OchsLeo
Subject: RE: Immokalee Airport Lease
Ms. Mayhood:
Just so that there is no misunderstanding, some time ago I prepared a standard form lease to be used at
all of the Collier County Airports. This lease was based on a general standard form lease I had prepared for use
in the County, which I modified for airport use, if memory serves me right, from a lease I obtained from the
Naples Airport Authority. With this standard form airport lease we charge a standard form rate, depending
upon whether the use is aeronautical or non - aeronautical use, which rates are approved by the Board. In this
manner, all tenants in all of our airports are treated fairly and equally.
Your prior lease expired March 10th, 2011. After months of negotiations that in our opinion were going
nowhere, I recently advised Mr. Curry to offer you our standard form airport lease, at the Board - approved rate,
and if you declined, to go to the Board for permission to file an eviction. I have given similar advice to
similarly situated clients many times over my career.
Jeffrey A. Klatzkow
County Attorney
(239) 252 -2614
From: S Mayhood [mailto:suezg05 @aol.com]
Sent: Friday, March 23, 2012 3:51 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
Under threat of eviction, we have signed the lease. The majority of negotiation time was spend on determining our
aeronautical status, which we felt was wasteful since we have been flying and storing multiple aircrafts at the Airport for
nearly 20 now. Important items to us, such as duration of lease, renewal options, and the building use were apparently
non - negotiable and were assigned without our consent. For unknown reasons you denied all of the uses we provided.
We were proactive in asking to exercise our renewal option in our lease. I spoke with Debbi Mueller in January 2011 and
wrote a letter two months prior to our lease expiring. It was after the lease expired when we received the first
correspondence, dated April 4, 2011, from the Airport and our meetings took place starting in October 2011.
I met with Commissioner Coletta on January 9, 2012 with our concerns regarding the lease negotiations. I then asked to
continue our negotiations so that we would have time to review the lease draft and get legal consultation. Since your
letter dated March 2, 2012, we have been rushed trying to complete negotiations and finalize a lease. It is very difficult to
negotiate with someone who repeatedly doesn't answer our questions. We look forward to future renegotiations with the
Airport.
Please confirm that you have received our lease and let us know the date it will be on the agenda for the BCC.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colIiergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow@colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the, new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezci05CQaol.com]
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurrya.colliergov.net>
To: S Mayhood <suezg05(c)-aol.com>
Cc: ColettaJim <JimColetta@colliergov.net >; WilliamsSteven <StevenWilliams colliergov.net >; BrueggemanDebra
<DebraBrueggemanCa�collier' og v.net >; VergoThomas <ThomasVergoa -colliergov. net >; FialaDonna
<DonnaFiala(acollier on v.net >; HillerGeorgia <GeorgiaHiller _colliergov.net >; HenningTom
<Tom Henn ingaa.colliergov.net >; CoyleFred <FredCoyleacolliergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance, operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05Ca aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurryacolliergov.net>
To: S Mayhood <suezQ05(d)aol.com>
Cc: ColettaJim <JimColetta aC-colliergov.net >; WilliamsSteven < StevenWilliams acolliergov.net >; BrueggemanDebra
<DebraBrueggeman _colliergov.net >; VergoThomas <ThomasVergo(a-)-colliergov.net >; FialaDonna
<DonnaFiala@colliergov.net >; HillerGeorgia <GeorgiaHiller(a)-a) HenningTom
<Torn Henn ing @colliergov.net >; CoyleFred <FredCoyle - colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +OQ:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
4
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 -269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezg05 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
5
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.
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.
6
Martha S. Vergara
From: S Mayhood <suezg05 @aol.com>
Sent: Friday, March 23, 2012 5:41 PM
To: HenningTom
Subject: Three Mayhoods, LLC Immokalee Airport lease info
Mr. Henning,
As per our phone conversation, I am listing our concerns with the lease that the Airport has drafted:
1) Lack of renewal options. We have invested hundreds of thousands of dollars over the last 16 years both in our building
and in the Airport. It is not our desire to relocate our building or give it to the Airport in the next 10 years. A renewal
option protects the value of our building and our commitment to the Airport. We would like a longer -term lease and /or
renewal options.
Access to our building can and has been available in the past on our side of the runway, via Airport Road, negating any
suggested safety concerns.
2) The use assigned to us by the Airport is limiting: "Anything associated with aircraft maintenance, storage, and operation
of aircraft for personal use or aircraft leased by the Sub - Lessee ". Although the use of our building has varied over the
years, we have never been in competition with the Airport or used our building in an unsatisfactory manner, nor is that our
goal. In the past, we have provided necessary maintenance, repair, and other services to Airport customers that were not
otherwise available. Currently, Mr. Fletcher's airplane is stored in our building, without monetary gain, because the Airport
does NOT have a structure large enough for the airplane. Mr. Fletcher provides an important service to the residents and
business owners of Immokalee and financially supports the Airport. Mr. Fletcher has been our friend for over 20 years
and we see no harm to the Airport in loaning him building space when and if we have it available. Our new assigned use
would not allow Mr. Fletcher to keep his airplane out of the weather and in our building. We have suggested several uses
to Mr. Curry, but all have been denied without explanation.
Although not part of the lease, my third concern would be the threat of eviction during lease negotiations. We have been
diligently trying to renew or sign a lease since January 2011, while paying rent at all times. According to the FAA
Regional Compliance Manager, it is not looked highly upon with the FAA to threaten eviction or "sign this or else" during
negotiations. The FAA has recommended that we file an informal and formal complaint due to Mr. Curry's negotiation
actions.
Thank you for your time and concern in dealing with this matter.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
Martha S. Vergara
From: HenningTom
Sent: Friday, March 23, 2012 5:53 PM
To: KlatzkowJeff
Subject: Re: Immokalee Airport Lease
These are not standard times. Government needs to be flexible
From: KlatzkowJeff
Sent: Friday, March 23, 2012 04:35 PM
To: 'S Mayhood' <suezg05 @aol.com >; CurryChris
Cc: CQIettaJim; WilliamsSteven; Brueggema n Debra;
OchsLeo
Subject: RE: Immokalee Airport Lease
Ms. Mayhood:
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
Just so that there is no misunderstanding, some time ago I prepared a standard form lease to be used at
all of the Collier County Airports. This lease was based on a general standard form lease I had prepared for use
in the County, which I modified for airport use, if memory serves me right, from a lease I obtained from the
Naples Airport Authority. With this standard form airport lease we charge a standard form rate, depending
upon whether the use is aeronautical or non- aeronautical use, which rates are approved by the Board. In this
manner, all tenants in all of our airports are treated fairly and equally.
Your prior lease expired March 10`h, 2011. After months of negotiations that in our opinion were going
nowhere, I recently advised Mr. Curry to offer you our standard form airport lease, at the Board - approved rate,
and if you declined, to go to the Board for permission to file an eviction. I have given similar advice to
similarly situated clients many times over my career.
Jeffrey A. Klatzkow
County Attorney
(239) 252 -2614
From: S Mayhood [mailto:suezg05 @aol.coml
Sent: Friday, March 23, 2012 3:51 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Mr. Curry,
VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
Under threat of eviction, we have signed the lease. The majority of negotiation time was spend on determining our
aeronautical status, which we felt was wasteful since we have been flying and storing multiple aircrafts at the Airport for
nearly 20 now. Important items to us, such as duration of lease, renewal options, and the building use were apparently
non - negotiable and were assigned without our consent. For unknown reasons you denied all of the uses we provided.
We were proactive in asking to exercise our renewal option in our lease. I spoke with Debbi Mueller in January 2011 and
wrote a letter two months prior to our lease expiring. It was after the lease expired when we received the first
correspondence, dated April 4, 2011, from the Airport and our meetings took place starting in October 2011.
I met with Commissioner Coletta on January 9, 2012 with our concerns regarding the lease negotiations. I then asked to
continue our negotiations so that we would have time to review the lease draft and get legal consultation. Since your
letter dated March 2, 2012, we have been rushed trying to complete negotiations and finalize a lease. It is very difficult to
negotiate with someone who repeatedly doesn't answer our questions. We look forward to future renegotiations with the
Airport.
Please confirm that you have received our lease and let us know the date it will be on the agenda for the BCC.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWilliams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<Tom Henn ing @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05 c-aol.com]
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport "?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a)colliergov.net>
To: S Mayhood <suezg05(a-)aol.com>
Cc: ColettaJim <JimColettaa- colliergov.net >; WilliamsSteven <StevenWilliams .colliergov.net >; BrueggemanDebra
<DebraBrueggeman(a)collier oq v.net >; VergoThomas <ThomasVergo@colIiergov.net >; FialaDonna
<DonnaFialaacolliergov.net >; HillerGeorgia <GeorgiaHiller a-colliergov.net >; HenningTom
<TomHenningt7a colliergov.net >; CoyleFred <FredCoylea- colIiergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance, operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05Ca-)aol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry aacolliergov.net>
To: S Mayhood <suezg05 (a- ),aol.com>
Cc: ColettaJim <JimColettaacolliergov.net >; WilliamsSteven < StevenWilliams @colIiergov.net >; BrueggemanDebra
<DebraBruegg_eman colliergov.net >; VergoThomas <ThomasVergoacolliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia < GeorgiaHiller(ftolliergov.net >; HenningTom
<TomHenning@colIiergov.net >; CoyleFred <FredCoyleacolliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
4
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
< StevenWilliams @colliergov.net >;
BrueggemanDebra < DebraBrueggeman @colliergov.net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezgO5 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3:38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
intention.
We currently have an incomplete draft which you provided for review, but I have
not been given a finalized lease to sign. Please send a completed lease so we
can sign and return it promptly.
Sincerely,
Sue
5
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
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.
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.
6
Martha S. Vergara 959.73F/
From: HenningTom
Sent: Friday, March 23, 2012 6:02 PM
To: 'suezg05 @aol.com'
Subject: Fw: Immokalee Airport Lease
From: HenningTom
Sent: Friday, March 23, 2012 05:53 PM
To: KlatzkowJeff
Subject: Re: Immokalee Airport Lease
These are not standard times. Government needs to be flexible
From: KlatzkowJeff
Sent: Friday, March 23, 2012 04:35 PM
To: 'S Mayhood' <suezg05 @aol.com >; CurryChris
Cc: ColettaJim; Williams5teven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo
Subject: RE: Immokalee Airport Lease
Ms. Mayhood:
Just so that there is no misunderstanding, some time ago I prepared a standard form lease to be used at
all of the Collier County Airports. This lease was based on a general standard form lease I had prepared for use
in the County, which I modified for airport use, if memory serves me right, from a lease I obtained from the
Naples Airport Authority. With this standard form airport lease we charge a standard form rate, depending
upon whether the use is aeronautical or non - aeronautical use, which rates are approved by the Board. In this
manner, all tenants in all of our airports are treated fairly and equally.
Your prior lease expired March 10th, 2011. After months of negotiations that in our opinion were going
nowhere, I recently advised Mr. Curry to offer you our standard form airport lease, at the Board - approved rate,
and if you declined, to go to the Board for permission to file an eviction. I have given similar advice to
similarly situated clients many times over my career.
Jeffrey A. Klatzkow
County Attorney
(239) 252 -2614
From: S Mayhood [mai Ito: suezg05 @ aol.com]
Sent: Friday, March 23, 2012 3:51 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; Brueggema n Debra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred;
OchsLeo; KlatzkowJeff
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Under threat of eviction, we have signed the lease. The majority of negotiation time was spend on determining our
1
aeronautical status, which we felt was wasteful since we have been flying and storing multiple aircrafts at the Airport for
nearly 20 now. Important items to us, such as duration of lease, renewal options, and the building use were apparently
non - negotiable and were assigned without our consent. For unknown reasons you denied all of the uses we provided.
We were proactive in asking to exercise our renewal option in our lease. I spoke with Debbi Mueller in January 2011 and
wrote a letter two months prior to our lease expiring. It was after the lease expired when we received the first
correspondence, dated April 4, 2011, from the Airport and our meetings took place starting in October 2011.
I met with Commissioner Coletta on January 9, 2012 with our concerns regarding the lease negotiations. I then asked to
continue our negotiations so that we would have time to review the lease draft and get legal consultation. Since your
letter dated March 2, 2012, we have been rushed trying to complete negotiations and finalize a lease. It is very difficult to
negotiate with someone who repeatedly doesn't answer our questions. We look forward to future renegotiations with the
Airport.
Please confirm that you have received our lease and let us know the date it will be on the agenda for the BCC.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry@colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven < StevenWiIIiams @colliergov.net >; BrueggemanDebra
< DebraBrueggeman @colliergov.net >; VergoThomas <ThomasVergo @colliergov.net >; FialaDonna
<DonnaFiala @colliergov.net >; HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom
<TomHenning @colliergov.net >; CoyleFred <FredCoyle @colliergov.net >; OchsLeo <LeoOchs @colliergov.net >;
KlatzkowJeff <JeffKlatzkow @colliergov.net>
Sent: Tue, Mar 20, 2012 10:34 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
The new lease agreement is between Collier County Airport Authority and the Three Mayhoods, LLC. As such, we
understand that there may be multiple aircraft involved with your business entity. If there is a concern that personal use
may exclude those included in your company, please provide the airport with all aircraft tail numbers that you currently
own or lease. Once you have provided this list, any aircraft that you may purchase or lease in the future will be
added. We will consider this list to be those that would qualify under your personal use.
On December 28, 2011, we met and established a goal to have your leased signed with the Airport Authority on January
12, 2012. On January 10, 2012, you requested one month of additional time for your attorney to review. On March 2,
2012, more than seven weeks later I wrote you a letter to establish March 14, 2012 as the date to provide a signed copy
of your lease. I stated in my letter that if you did not comply with this date I would ask the BCC to not allow you to operate
on the Airport past March 30, 2012. This date has passed and we still do not have a signed lease with you.
At my request, on March 19, 2012 my Executive Assistant called you to see if you had intentions of signing the new
lease. I was told that you said it would be signed by this weekend. Based on our pass history of promises to have a
signed lease I am not sure this will happen. Therefore, I have decided to place your item on the Board of County
Commissioners agenda on March 27, 2012 for eviction consideration. If you provide a signed lease by the weekend as
promised, I will remove the item from the agenda. If you do not I will proceed with the request for eviction. You are a
valuable customer to the Immokalee Airport and we would hate to lose you as a tenant. I feel that the Airport has been
very fair and compromising in our discussions with you over the past year based on the age, location and lack of proper
access to your facility. However, it is not in the best interest of the County to allow a tenant to operate for more than a
year without a lease.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(a�aol.com]
Sent: Tuesday, March 20, 2012 9:31 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Since the lease is in the name of Three Mayhoods, LLC, which has several officers, for liability reasons I have concerns
with the word "personal" in our use.
What concerns does the Airport Authority have with our use of "anything having to do with aircraft maintenance, operation,
flying, and storage, so long as it doesn't compete with services currently provided by the Airport"?
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(a)colliergov.net>
To: S Mayhood <suezg05Cd-)aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven <StevenWilliams o)colliergov.net >; BrueggemanDebra
<DebraBrueggeman(a-)colliergov .net >; VergoThomas <ThomasVergo @colIJergov.net >; FialaDonna
<DonnaFiala(5colliergov.net >; HillerGeorgia < GeorgiaHillea.colliergov.net >; HenningTom
<TomHenning (okollier_gov.net >; CoyleFred <FredCoyle(a)-colliergov.net>
Sent: Thu, Mar 15, 2012 10:36 am
Subject: RE: Immokalee Airport Lease
Ms. Mayhood,
What are your intentions for the use of this facility that the verbiage proposed by the Airport Authority prevent you from
doing?
"anything having to do with aircraft maintenance, operation and storage for your personal use or aircraft you have leased"
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [mailto:suezg05(cDaol.com]
Sent: Thursday, March 15, 2012 9:04 AM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna; HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
We have prior engagements on Wednesday, March 21 st. Since a Wednesday is not available between now and the next
BCC meeting on the 27th, we can continue our negotiations via email.
You did not comment on our adjusted use of the building stated in the last email. If you are accepting of this use, please
send a completed lease. If you are not accepting of this use, please advise.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry(cD-colliergov.net>
To: S Mayhood <suezg05(.aol.com>
Cc: ColettaJim <JimColetta colliergov.net >; WilliamsSteven < StevenWilliams (aDcolliergov.net >; BrueggemanDebra
<DebraBrueggeman(d-)colliergov .net >; VergoThomas <ThomasVergo(a)colliergov.net >; FialaDonna
<DonnaFiala(a)-collier. ocov.net >; HillerGeorgia < GeorgiaHiller(- colliergov.net >; HenningTom
<Tom Henn ingtcDcolliergov.net >; CoyleFred <FredCoxe a.colliergov.net>
Sent: Wed, Mar 14, 2012 3:41 pm
Subject: Re: Immokalee Airport Lease
Ms. Mayhood, Wednesday is the best day for me to meet in person at Immokalee. I
can accommodate other days at Marco Island Airport. Please advise.
Sent from my Verizon Wireless Droid
- - - -- Original message---- -
From: S Mayhood <suezg05 @aol.com>
To: CurryChris <ChrisCurry @colliergov.net>
Cc: ColettaJim <JimColetta @colliergov.net >, WilliamsSteven
< StevenWilliams @colliergov.net >,
BrueggemanDebra <DebraBrueggeman @colliergov .net >, VergoThomas
<ThomasVergo @colliergov.net >, FialaDonna <DonnaFiala @colliergov.net >,
HillerGeorgia <GeorgiaHiller @colliergov.net >, HenningTom <TomHenning @colliergov.net >,
CoyleFred <FredCoyle @colliergov.net>
Sent: Wed, Mar 14, 2012 16:44:19 GMT +00:00
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Our building was constructed with approval by the Airport after the runways were
in place, therefore the Airport accepted and approved the fact that crossing
runways by vehicle to access the building would occur. For over 20 years now,
we have been crossing the runways with caution and without incident. However,
we acknowledge and understand the safety concerns the Airport may have dealing
with access to our building. We are aware of two access gates on the same side
of the runways as our building, but these gates do not have key pad entry like
the main entrance to the Airport. The Airport can easily provide access for us
to our building by installing a key pad on one of the existing gates and
eliminate the need to cross runways. Many years ago, we frequently used the
4
gate with the entrance by the fire department, but was instructed by the Airport
not to use that gate, therefore we no longer do.
We can adjust our use to, "anything having to do with aircraft maintenance,
operation, flying, and storage, so long as it doesn't compete with services
currently provided by the Airport." Would you like to further discuss the use
of our building in person or via email? If you would like to meet, we would be
available to meet at the Airport in Immokalee on the morning of March 22nd,
26th, or 28th. We look forward to hearing from you.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
239.992.1375 Fax
- - - -- Original Message---- -
From: CurryChris <ChrisCurry @colliergov.net>
To: S Mayhood <suezg05 @aol.com>
Cc: ColettaJim <JimColetta @colliergov.net >; WilliamsSteven
<Stevenwilliams @colliergov.net >;
BrueggemanDebra <DebraBrueggeman @colliergov .net >; VergoThomas
<ThomasVergo @colliergov.net >; FialaDonna <DonnaFiala @colliergov.net >;
HillerGeorgia <GeorgiaHiller @colliergov.net >; HenningTom <TomHenning @colliergov.net >;
CoyleFred <FredCoyle @colliergov.net>
Sent: Tue, Mar 13, 2012 4:33 pm
Subject: RE: Immokalee Airport Lease
Ms. Mayhood, I would suggest that we discuss use of the premises in the near
future to determine a compromise that works for you and the Airport. Thanks
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
From: S Mayhood [ mailto: suezg05@ aol .com <mailto:suezgO5 @aol.com ? >]
Sent: Tuesday, March 13, 2012 3 :38 PM
To: CurryChris
Cc: ColettaJim; WilliamsSteven; BrueggemanDebra; VergoThomas; FialaDonna;
HillerGeorgia; HenningTom; CoyleFred
Subject: Re: Immokalee Airport Lease
Mr. Curry,
Thank you for providing us with a copy of the leasing policy.
Apparently, we have to accept the fact that after requesting a renewal period on
our lease that you, Mr. Curry, for undisclosed reasons, are not providing a
renewal option. Please let it be known that we will continue to seek a renewal
option in the future.
As stated in an earlier email, our hanger is used for anything having to do with
aircraft maintenance, operation, flying, and storage. Our use has never
competed with the services provided on the airport, nor would that ever be our
5
intention.
We currently have an incomplete
not been given a finalized lease
can sign and return it promptly.
Sincerely,
Sue
S. Mayhood
24020 Production Circle
Bonita Springs, FL 34135
239.872.8224 Cell
239.992.3808 Office
<div class = "MsoN
draft which you provided for review, but I have
to sign. Please send a completed lease so we
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.
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.
6
Martha S. Vergara t#�V7VC0
From: Richard Rice <marandic @comcast.net>
Sent: Saturday, March 24, 2012 12:00 PM
To: HenningTom
Subject: Lease
Commissioner,—
... Please be advised the Mayhood Lease /Eviction item placed on your agenda for Tuesday has never
come before the Airport Advisory Committee. This, along with other things, is one of the things that upset me with Mr.
Curry. I am asking the Commission to withhold action on this item.
Thank You,
Dick Rice
AA Committee
Martha S. Ver 9 ara `357 No
From: BrockMaryJo
Sent: Monday, March 26, 2012 2:30 PM
To: OchsLeo
Subject: Phone message
Importance: High
Sue Mayhood 239-672-8224
She was told that her item was withdrawn (per Chris' e- mail). She spoke to Commissioner Henning who said he
wants it to stay on the agenda with a 1:45 time certain.
Please confirm.
Mary-Jo Brock - Executive Assistant to Leo E. Ochs, Jr. - County Manager's Office
maryiobrock@colliergov.net
239.252.6364
please consider the environment before printing this email
Under Florida Law; e -mail addresses are public records. If you do riot want your e -mail address released in response to a public records request, do riot send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
Martha S. Ver 9 ara --125 02 7`
From: BrockMaryJo on behalf of OchsLeo
Sent: Monday, March 26, 2012 2:37 PM
To: CurryChris
Subject: FW: Phone message
Importance: High
Chris, Please call me to discuss. Thanks, Leo
From: BrockMaryJo
Sent: Monday, March 26, 2012 2:30 PM
To: OchsLeo
Subject: Phone message
Importance: High
Sue Mayhood 239-872-8224
She was told that her item was withdrawn (per Chris' e- mail). She spoke to Commissioner Henning who said he
wants it to stay on the agenda with a 1:45 time certain.
Please confirm.
Mary -Jo Brock - Executive Assistant to Leo E. Ochs, Jr. - County Manager's Office
maryjobrock@colliergov.net
239.252.8364
please consider the environment before printing this email
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
Martha S. Ver araT 7�
From: BrueggemanDebra
Sent: Monday, September 26, 201110:40 AM
To: CurryChris
Subject: RE: Your Evaluation
Attachments: Performance Appraisals Scores.xlsx
Thanks, Chris. I notice that this one did not make it onto the Agenda, but I have added it to the spreadsheet - -- for your
use. I am not sure exactly how this will work. In the past evaluations were completed by what is now the Advisory Board.
Who might I be able to get copies of the following items from for the Advisory Board meeting:
• DC Air (Corkey Mayhood) lease
• Cattle lease /agreement for Ralph Hester
• Agreement for the circus at IMM
+ RFP for sod harvesting at IMM
Debhie J3uecg#e tat
239- 642 -7878 &t. 34
From: CurryChris
Sent: Monday, September 26, 2011 10:25 AM
To: BrueggemanDebra
Subject: Fw: Your Evaluation
From: RaineyJennifer
To: CurryChris
Cc: HillerGeorgia
Sent: Mon Sep 26 08:01:50 2011
Subject: Your Evaluation
Chris attached is your evaluation from Commissioner Hiller. We're sorry
for the delay in getting it to you.
<<EXECUTIVE_SUMMARY_Executive_ Director _Appraisal_version_411.docx>>
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3299 Q%amtaml CFtatl .Eait, wife # 303
1
Ol apl", Cff 34774
(239) 252 -8604
(M) 252 -6407 dram
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 regUest, do not send
electronic mail to this entity. Instead, contact this office by telephone or in writing.
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From: NeetVirginia
Sent: Monday, September 26, 201112:20 PM
To: WilliamsSteven
Cc: CurryChris
Subject: DC Air Sub -Lease Agreement
Attachments: Division of Corporations records.pdf; Draft sub -lease agreement - DC Air.docx
Gentlemen:
Sorry for the delay in this. I have attached a draft sub -lease agreement using the information provided in the RLS. Areas
highlighted in yellow either require additional information or your confirmation that carryovers from the prior lease,
such as acreage and legal description, are still accurate. See also attached: I checked on the corporate status of DC Air
using the signatory's name from the prior lease (L.W. Mayhood) and it indicates that DC Air, Inc. is no longer active.
Steve, these documents are save in CP #11 -APA -00177
Dinny:
Virginia A. Neet, Legal Assistant
Office of the Collier County Attorney
Telephone (239) 252 -8066 - Fax (239) 252 -6600
New address as of November 1 2010:
Collier County Office of the County Attorney
3299 Tamiami Tr. E., Suite 800
Naples, FL 34112 -5749
Under Ronda Law, o.-mail aiddrosscs are public records, if you do not want your e mail ildrros roleased iri response to a pL&hc records request. do not send
electromc. mail to this cnhty instead, contact this office by t(,lrI)hono or in writing.
www.sunbiz.org - Department of State
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Florida Profit Corporation
D -C- AIR, INC.
Filina Information
Document Number P96000044522
FEI /EIN Number NONE
Date Filed
05/24/1996
State
FL
Status
INACTIVE
Last Event
ADMIN DISSOLUTION FOR ANNUAL REPORT
Event Date Filed
09/26/1997
Event Effective Date NONE
Principal Address
11071 E. TERRY ST
BONITA SPRINGS FL 33923
Mailing Address
11071 E. TERRY ST
BONITA SPRINGS FL 33923
Registered Agent Name & Address
MAYHOOD, L W
11071 E. TERRY ST
BONITA SPRINGS FL 33923
Officer /Director Detail
Name & Address
Title D
MAYHOOD, L W
11071 E. TERRY ST
BONITA SPRINGS FL 33923
Annual Reports
No Annual Reports Filed
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SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this day of , 2011,
between the Board of County Commissioners of Collier County, Florida, acting in its capacity as
the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and D -C -Air,
Inc., a Florida Corporation (hereinafter referred to as "Sub- Lessee "), collectively stated as the
"Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub- Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land, which equates to 87,120 square feet of leased
area, more particularly described in the attached Exhibit "A ", hereinafter referred to as the
"Premises."
3. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate on October 11, 2021.
4. Surrender at Expiration. Upon expiration or termination of lease term, Sub - Lessee
shall, at Sub - Lessee's expense, remove tenant's personal property and trade fixtures and those of
all persons claiming under Sub - Lessee from the Sub - Leased Premises. All improvements,
alterations or additions made by the Immokalee Regional Airport shall remain the property of the
Immokalee Regional Airport when the property is vacated by Sub - Lessee at the termination of
this Sub -Lease or any extension thereof, and shall remain upon and be surrendered with Sub -
Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To the extent
that any hazardous substances are detected on the Sub - Leased Premises and generated by Sub -
Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and expense,
shall remediate such hazardous substances, except if such hazardous substances were deposited
by the Immokalee Regional Airport or its employees or agents at no fault of the Sub - Lessee.
1
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the 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 laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to operate a , which use the Board of County
Commissioners, acting in its capacity as the Collier County Airport Authority, has found to be in
the public's interest. The Authority shall have the right to terminate this Sub -Lease should the
Sub- Lessee utilize the Premises in any manner inconsistent with the approved use. In the event
the Sub - Lessee shall cease to use the Premises for the purposes described above, and such
cessation of use shall continue for a period of sixty (60) days, this Sub - Lease, at the option of the
Authority, upon thirty (30) days written notice to the Sub - Lessee, shall be terminated and the Sub -
Lessee shall surrender and vacate the Premises to the Authority within thirty (30) days after notice
of such termination. Provided, however, said sixty (60) day period shall be tolled if such
cessation is caused by events beyond the control of the Sub - Lessee such as acts of God or if such
cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0._ per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be aeronautical in nature. The rent shall be paid in advance, for each month during the term of
this Sub - Lease. The base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Consumer Price Index Urban Wage Earners (CPI -U) base published by the Bureau of Labor
Statistics, United States Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called "CPI ". An increase in the monthly base rent, if any, shall be based upon a comparison of
the most recent CPI published for the current lease year against the most recent CPI published
greater than 12 months preceding the most current CPI. The amount of the additional base rent
shall be the percentage difference between the two preceding CPI's. In no event shall the base
rent, once increased, be decreased, nor shall it be increased more than once in a 12 -month period.
2
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - Lessee shall promptly
pay when due and prior to any delinquency all costs, fees, taxes, trash removal services,
assessments, utility charges, impact fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In case any action or proceeding is brought against the Authority by reason of the Sub - Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub - Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages._ The Sub - 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 Sub - Lessee and liens for
improvements made by the Sub - Lessee are specifically prohibited from attaching to or becoming
a lien on the interest of the Authority in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713. 10, Florida Statutes.
12. Obligation to Maintain Premises and Comply with All Lawful Requirements. The
Sub - Lessee, throughout the term of this Sub - 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 Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub- 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - 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 Sub - 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 shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -Lease by providing
notice to the 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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation project. The Authority will use its best efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination.
15. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate _ access will
be provided to access the Premises.
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
ninety (90) days after termination of the Sub -Lease term, the Sub- Lessee shall redeliver
possession of the Premises to Authority in good condition and repair. The Sub - Lessee shall have
the right at any time during its occupancy of the Premises to remove any of its personal property,
equipment, and signs provided, however, at the termination of this Sub - Lease, Authority shall
have the option of either requiring Sub - Lessee to demolish and remove all improvements made by
Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub - Lessee to
retain said improvements with fixtures on the Premises which improvements and fixtures will
become the property of the Authority upon Sub - Lessee's vacation of the Premises.
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
El
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub -Lease to be taken under any writ of
execution and /or other process of law or equity.
iv. Sub - Lessee's failure to utilize the Premises as set forth above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub- Lessee to perform or comply with any material covenant or
condition made under this Sub - Lease, which failure is not cured within
ninety (90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. 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 Sub -
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 Sub - Lessee does not cure the defaults
in the time frames as set forth above, and Authority has removed and stored
E
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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
Lessee shall pay Authority a late payment charge equal to five percent
(5 %) of each such payment not paid promptly and in full when due. Any
amounts 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 Sub- Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be charged with default in the
performance of any of its obligations hereunder 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 Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, Sub - Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Sub - Lease, and also
waives any claim it might have to attorneys' fees and costs arising out of Authority's
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
ii. Sub - 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 Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub - Lessee on behalf
of Authority, with no interest.
n
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 Sub -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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -Lease will be deemed for any purpose to be a waiver of any breach
of any other provision hereof or of any continuing or subsequent breach of the same
provision, irrespective of the length of time that the respective breach may have continued.
21. Lease Manual. The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The terms of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the I" day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations. The Sub - 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 obstructions on the Premises to such height as comply with Federal Aviation Regulations, Part
77.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - Lease, the Parties shall first use the County's
then - current Alternative Dispute Resolution Procedure. Following the conclusion of this
7
procedure, either party may file an action in the Circuit Court of Collier County to enforce the
terms of this Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -Lease shall
be binding or valid. Time is of the essence in the doing, performance and observation of each and
every term, covenant and condition of this Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -Lease shall only be amended by
mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder
shall be given to the Parties set forth below and shall be 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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub- Lessee:
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall 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 Sub -Lease or to have any rights to enforce this
Sub -Lease against either party hereto or otherwise. Nothing contained in this Sub -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. Sub - 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 Sub -
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.
30. Force Majeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perform is
caused by an event or 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, 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 Sub -
Leased Premises.
32. Nondiscrimination Clause. The Sub - 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
Sub - 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 Sub - Lessee shall use the Sub - 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 Sub -Lease and to re -enter and as if the
Sub -Lease had never been made or issued. The provision shall not be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or
expiration of appeal rights.
33. Radon. 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
9
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.
34. Dominant Agreements. This Sub -Lease Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to
the Government, shall be suspended. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub -
Lease Agreement the day and year first above written.
AS TO THE SUB - LESSEE: DC Air, Inc.
IN
Witness (signature)
(print name)
Witness (signature)
(print name)
Print Name
Title
10
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
LIZA
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
am
11
FRED W. COYLE, Chairman
Martha S. Vergara 3547 e
From: BrueggemanDebra
Sent: Monday, September 26, 20112:15 PM
To: CurryChris
Subject: DRAFT Advisory Board Agenda for 10 -3 -11
Attachments: 10 -3 -11 agenda.docx; 10 -03 -11 Agenda Summary Item - DBE Goals.docx
Draft Agenda attached for your use.
Do we want to have the next meeting (November 7) at Marco or Immokalee?
Defi£ie �Jhlt", �entart
epeutnoto eoo dinatogexecut ue a.,,3btant
eome4 eetuttq aivow autFw a, 4,t
239- 642 -7878 fiat, 34
Under I londa Law e, mail ad0fesses are pt.tbt —, If YOH do runt want your e°- rn.til address re,Ie am,,d in respurtse to a public rer'oids, request, do riot send
ele.;trollic mad to this entity. Instead contad tttl5 ofh(ao Icy telephaue of In whiting
0 0"? COLLIER COUNTY AIRPORT AUTHORITY
.4 °k ADVISORY BOARD MEETING
I OCTOBER 3, 2011
1:00 P.M.
MARCO ISLAND EXECUTIVE AIRPORT, 2005 MAINSAIL DRIVE, FLORIDA
1. PLEDGE OF ALLEGIANCE
2. CALL TO ORDER —1:00 PM — REGULAR SESSION
3. INTRODUCTIONS OF GUESTS
4. ADOPTION OF AGENDA
5. APPROVAL OF MINUTES — August 1, 2011 ...................................... 1
6. ACKNOWLEDGEMENT OF AIRPORT INFORMATION — No Advisory Board action required
• DBE Goals for Fiscal Year 2012. ........ ............................ 4
• Update on USDA Building at IMM
• Update on Above Ground Fuel Tank Installation by Fletcher Flying Service
• RFP for Sod Harvesting at IMM
7. DIRECTOR'S REPORT — Advisory Board action requested
• Recommendation of ode member to the Advisory Board from Marco Island....... 5
• Recommendation that the BCC approve and sign the Sub -Lease Agreement with Mr.
Leroy "Corky" Mayhood of D.C. Air [We can move this to Agenda Item 6 if we are not
ready to present them with a,copy of the agreement.]
• Recommendation that the BCC, approve and sign the Agreement with Ralph Hester
for cattle grazing at the Immokalee Regional Airport [same as above — can move to
Agenda Item 6]
• Recommendation that the BCC approve and sign an Agreement for a Circus at the
Immokalee Regional Airport (I need a copy of this agreement to distribute)
8. FINANCE REPORTS — Months Ended July 31, 2011 and August 30, 2011 ..............
9. ELECTION OF OFFICERS
10. PUBLIC COMMENTS
11. NEXT MEETING — Monday, November 7 at the Immokalee Regional Airport
12. ADJOURNMENT
AGENDA SUMMARY
October 3, 2011
Agenda Item:
6. ACKNOWLEDGEMENT OF AIRPORT INFORMATION —No Advisory Board action required
• DBE Goals for FY 2012
The Airport Authority establishes Disadvantaged Business Enterprise (DBE) goals for
federally assisted projects on an annual basis, beginning on October 1, and ending on
September 30. The overall goals for fiscal year 2012 have been set utilizing
methodologies described in CRF 49, Part 26. The DBE goals for FY 2012 are:
3.0% for Immokalee Regional Airport
3.0% for Marco Island Executive Airport
4.0% for Everglades Airpark
These goals have been advertised in the Naples Daily News for 45 days. Following the
October 3, 2011 Advisory Board meeting, which will allow for public comment on these
goals, these DBE goals will be transmitted to the Federal Aviation Administration.
4-5�7�i`06
Martha S. Vergara Y
From: CurryChris
Sent: Monday, September 26, 20113:09 PM
To: BrueggemanDebra
Subject: Letterhead
E , til
J"
Meeting request
Mayhood,docx
Chris Curry
Executive Director
Collier County Airport Authority
(W)239-542-7878 x35
(C) 239-269-3353
Under Florida Law. e-mail addresses are public records. It you do riot want your e4flO 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.
September 26, 2011
Mr. Leroy Mayhood
DC Air
24020 Production Circle
Bonita Springs, FL 34135
Mr. Mayhood:
I am writing this letter to request a meeting with you at your earliest convenience. We have attempted
to reach you by phone on several occasions and have been unable to contact you or get a call back. As
you are aware, your lease expired on March 10, 2011 and it is important for us to formulate a new lease.
I am available to meet October 5, 2011 at the Immokalee Regional Airport anytime after noon. I am also
available to meet other days and times at the Marco Island Executive Airport. Please bring any
information required that may help us with the negotiation of your lease. You may contact my
executive assistant, Debbie Brueggeman at 239 - 642 -7878 x34 to schedule a time and date. I look
forward t0 meeting with you soon.
Chris Curry
Executive Director
Collier County Airport Authority
Martha S. Vergara�5�7�7
From: BrueggemanDebra
Sent: Wednesday, September 28, 201112:10 PM
To: CurryChris
Subject: Mtg w /DC Air - Oct 12
Chris,
I finally heard back from Suzie Mayhood (DC Air). Corky is out of town until 10 -8 -11. Mtg. is scheduled for 10 -12 (Wed),
10 a.m. at IMM. It is on your calendar.
.`L d;fiie J3ucecgqwuzn
Upeui&tts ('oo," natotl xecutiueClis%stant
("O ie't ('Ountj Clvcpa it ClutPwaity
239 - 642 -7875 &t. 34
Under Floricia 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 rnail to this entity. Instead, contact this office by telephone or in writing.
From: CurryChris
Sent: Wednesday, September 28,20112:06 PM
To: VergoThomas
Subject: FW: Mtg w /DC Air - Oct 12
fyi
From: BrueggemanDebra
Sent: Wednesday, September 28, 2011 12:10 PM
To: CurryChris
Subject: Mtg w /DC Air - Oct 12
Chris,
I finally heard back from Suzie Mayhood (DC Air). Corky is out of town until 10 -8 -11. Mtg. is scheduled for 10 -12 (Wed),
10 a.m. at IMM. It is on your calendar.
Dedfik J3'uceygenu;ra.
Cpevt&'a') CLs .'istant
C'a&A eountij amperi autfivut*
239 - 642 -7578 Ext. 34
Under Florida i.<aw e-mail addresses are public re:words it yor.r 00 rant want your email address released w response to a public records request, do riot send
electfonic mwl to this entity Instead, Contact this office by telephone or in writing_
Martha S. Vergara '7-
Subject: Immokalee Airport Lease Space
Location: Imm Airport
Start: Wed 10/5/201111:00 AM
End: Wed 10/5/201111:30 AM
Show Time As: Tentative
Recurrence: (none)
Meeting Status: Not yet responded
Organizer: DillonRosemary
Required Attendees: CapitaMarie; CurryChris
When: Wednesday, October 05, 201111:00 AM-11:30 AM (UTC-05:00) Eastern Time (US & Canada).
Where: Imm Airport
Note: The GMT offset above does not reflect daylight saving time adjustments.
Meeting with Chris Curry to discuss available lease space at airport.
— — — — — — — — — —
Under Florida Law, e-fnail addresses are public rocords, If YOU do not want your e-mail address roleasod in response to a public records request, do not send
elccfronic mail to this entity. Instead, contact this office by telephone or in writing,
Martha S. Vergara
From: CurryChris
Sent: Tuesday, October 04, 20111:09 PM
To: DillonRosemary
Subject: Accepted: Immokalee Airport Lease Space
Martha S. Vergara
Subject:
DC Air Lease (Corky & Suzie Mayhood)
Location:
IM M
Start:
Wed 10/19/201110:00 AM
End:
Wed 10/19/201111:00 AM
Show Time As:
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
CurryChris
Required Attendees:
VergoThomas
When: Wednesday, October 19, 201110:00 AM -11:00 AM (GMT- 05:00) Eastern Time (US & Canada).
Where: IMM
Note: The GMT offset above does not reflect daylight saving time adjustments.
Under Florida Law, e -mail addresses vo p :blic records. If you do not want your e -mail address rel(.�osed in response to a public; records request, do not sand
electronic snail to this entity. Instead, r;ontact this office by tolephone or in writing.
1
Martha S. Ve
From: VergoThomas
Sent: Tuesday, October 11, 20114:49 PM
To: CurryChris
Subject: Accepted: DC Air Lease (Corky & Suzie Mayhood)
Martha S. Ve
X35¢ �
Subject:
Meeting Forward Notification: DC Air Lease (Corky & Suzie Mayhood)
Start:
Wed 10/19/2011 10:00 AM
End:
Wed 10/19/201111:00 AM
Show Time As:
Tentative
Recurrence:
(none)
Meeting Status:
Not yet responded
Organizer:
BrueggemanDebra
Your meeting was forwarded
BrueggemanDebra has forwarded your meeting request to additional recipients.
Meeting
DC Air Lease (Corky & Suzie Mayhood)
Meeting Time
Wednesday, October 19, 2011 10:00 AM -11:00 AM.
Recipients
VergoThomas
All times listed are in the fallowing time zone: (GMT- 05.00) Eastern Time (US & Canada)
Sent by Microsoft Exchange Server 2.007
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
Martha S. V
From: VergoThomas
Sent: Monday, October 17, 20119:53 AM
To: CurryChris
Subject: Immokalee "Projects" Status
Below is the list of outstanding items for the Immokalee Airport for the week.
Z01
*Leases (Hester - Cattle, Corky Mayhood -Land Lease) — unsure of status of Corky, Hester's is in
Draft Form.
*EDC Projects (Project Kilo and Project Golden Splendor) Updates — Is anyone working on
these?
*Q.E. Dirt Pile Status — letter was sent, unsure of status
*Fletcher unauthorized access to areas of Airport — Letter is in draft form and being updated
by Exec. Director.
*Fletcher Fuel Tank /Self - Fueling Request (how are we proceeding)
*Fletcher Bulk Hangar Lease (Aircraft Storage, RV, Trash disposal, Crossing Runway, Chemical
Deliveries)
*Gate Access Plans and policies (In draft stage, working with Tweedie to finalize)
*Chevron Sign — Hiller is contracting company to install sign near IMM Fuel Tanks (no cost to
Airport)
*Gate C Motor Replacement (Using Used Operator From Marco)
*FIS Building Foam Issues — Facilities is contracting foam replacement to outside vendor
*Incubator Building Rear Cleanup — briefly spoke to Larry Fox, will need to schedule meeting.
*FAP Lease Renegotiation (at last meeting many months ago we said we would meet again in
October 2011)
*Salazar /USDA Building Lease
*Fiber Optic Connectivity On Airpark Blvd for Airport Terminal Building and other customers —
working with vendor to get quotes and scopes of work.
*Shovel Ready Projects ( Airpark Blvd Extension, IMM RW Rehab) — Unknown status at this
time
*IMM RW 18/36 and TW Alpha Lighting Upgrades — project info should be mailed to CCAA for
review and comments.
*Taxiway Alpha vegetation clearing — Airport maintenance staff is clearing vegetation this
week to comply with FAA regulations and approach standards.
*Highlands Elementary Field Trip — Early Morning on November 4t" at IMM Airport, waiting on
FAA Response
*Old Fencing Removal Behind Incubator Buildings and Airpark Blvd. — Fence is removed, parts
saved, waiting on cable locate service to mark wires.
1
*IMM Security Plan — Updates in progress, need to get to Debbie B for her to update computer
version.
Under Florida Law, e -nail addresses nrr public records. If YOU de not want your e -mail iddress 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.
Martha S. Vergara 3647` /5
From:
Sent:
To:
Subject:
Attachments:
Chris,
The attached file has three tabs:
MuellerDebi
Wednesday, October 19, 201110:12 AM
CurryChris
RE: Immokalee Information
Tenant Listings.xlsx
1 9 -10 is a listing of tenants that were at the airport when you started
2 10 -11 is a listing of tenants still at the airport and also encompasses tenants there today
3 Terminated is a listing of tenants that have left and when
4 New since 9 -10 is a listing of new tenants since 9 -10
All my lists include the term and rent.
Let me know if you need anything else or have any questions.
From: CurryChris
Sent: Wednesday, October 19, 20117:34 AM
To: MuellerDebi
Subject: Immokalee Information
Debbie, please provide me with the following information. If you are able to provide the names of the tenants when I
started and the ones that are there today please do. If you have any questions please give me a call. If you need to
consult with Tiffany please do. Thanks
• Listing of tenant that were at the Immokalee Airport when you started,
• Listing of which tenants are still there
• Listing of which tenants left since you arrived and when
• Listing of tenants that are there today
Please provide a copy of the rent roll for the Immokolee Airport as of today and as of the week you were hired.
Under Florida i...aw 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,
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From:
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Subject:
Attachments:
Chris,
Here's the Lease analysis
MuellerDebi
Wednesday, October 19, 201110:13 AM
CurryChris
RE: Excel Spreadsheet
Lease analysis.xlsx
From: CurryChris
Sent: Wednesday, October 19, 2011 10:05 AM
To: MuellerDebi
Subject: Excel Spreadsheet
Debi, also send me a copy of the excel spreadsheet that we use as a "rent roll ". A rent roll is a list of tenants with the
lease rent, expiration date of each and amount of rent paid. Thanks
Under Florida Law; e -mail addresses are public records. It you do not want your e -mail address released in response to a public records request, do riot send
electronic mail to this entity. Instead. contact this office by telephone or in writing,
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From: CurryChris
Sent: Wednesday, October 19, 201110:17 AM
To: MendozaTiffany
Subject: FW: Immokalee Information
Attachments: Tenant Listings.xlsx
fyi
From: MuellerDebi
Sent: Wednesday, October 19, 2011 10:11 AM
To: CurryChris
Subject: RE: Immokalee Information
Chris,
The attached file has three tabs:
1 9 -10 is a listing of tenants that were at the airport when you started
2 10 -11 is a listing of tenants still at the airport and also encompasses tenants there today
3 Terminated is a listing of tenants that have left and when
4 New since 9 -10 is a listing of new tenants since 9 -10
All my lists include the term and rent.
Let me know if you need anything else or have any questions.
Debi
From: CurryChris
Sent: Wednesday, October 19, 20117:34 AM
To: MuellerDebi
Subject: Immokalee Information
Debbie, please provide me with the following information. If you are able to provide the names of the tenants when I
started and the ones that are there today please do. If you have any questions please give me a call. If you need to
consult with Tiffany please do. Thanks
• Listing of tenant that were at the Immokalee Airport when you started,
• Listing of which tenants are still there
• Listing of which tenants left since you arrived and when
• Listing of tenants that are there today
Please provide a copy of the rent roll for the Immokolee Airport as of today and as of the week you were hired.
Under Florida Law, e -rnail 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.
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From: CurryChris
Sent: Wednesday, October 19, 201110:17 AM
To: MendozaTiffany
Subject: FW: Excel Spreadsheet
Attachments: Lease analysis.xlsx
please print
From: MuellerDebi
Sent: Wednesday, October 19, 2011 10:13 AM
To: CurryChris
Subject: RE: Excel Spreadsheet
Chris,
Here's the Lease analysis
Debi, h1 taeL! e
From: CurryChris
Sent: Wednesday, October 19, 2011 10:05 AM
To: MuellerDebi
Subject: Excel Spreadsheet
Debi, also send me a copy of the excel spreadsheet that we use as a "rent roll ". A rent roll is a list of tenants with the
lease rent, expiration date of each and amount of rent paid. Thanks
Under Florida Law, email addresses are public; records. If you do not want your e rnail address released in response to a public records request, do not send
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From: K4ue|lerDebi
Sent: Wednesday, October 29,JO1llJ:0OPM
To: [urryxChhs
Subject: Requested tenant listings
Attachments: New Tenants since 9-1-10.xlsx; Tenants as of 9-1-10.xlsx; Tenants as of 10-1-11.xlsx;
Terminated Agreements since 9'1 10.x|sx
Chris,
Attached are the separate files you request. I also had Tiffany print each out for you.
Under Florida Lmw,e-mexmmeooesarepuuic. records, If you uo not want your e mail address mle.us(�d it) response, mm public, words request, xo not uan
eloctronic mail to this entity, Instead, contact this offico by tolephone or in wnting.
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Martha S.
From: MuellerDebi
Sent: Wednesday, October 19, 201112:37 PM
To: CurryChris
Subject: RE: Requested tenant listings
Attachments: Tenants as of 10- 1- 11.xlsx; Tenants as of 9- 1- 10.xlsx
Here are the listings with totals. Tiffany will have copies for you at the Airport.
From: CurryChris
Sent: Wednesday, October 19, 2011 12:32 PM
To: MuellerDebi
Subject: Re: Requested tenant listings
Debi, for rents collected is their a total or do you want us to do the math
Sent from my Verizon Wireless 4GLTE Phone
- - - -- Original message---- -
From: MuellerDebi <DebiMueller colliergov.net>
To: CurryChris <ChrisCurry@colliergov.net>
Sent: Wed, Oct 19, 2011 16:00:04 GMT +00:00
Subject: Requested tenant listings
Chris,
Attached are the separate files you request. I also had Tiffany print each out for you.
pebi. n�tue��ev
92
Under l londa Law, e-mail addresses are public records. It 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 telephones of in writing.
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Martha S. Ver ara 357 2I
From: CurryChris
Sent: Wednesday, October 19, 20111:44 PM
To: HillerGeorgia
Cc: Raineylennifer
Subject: Immokalee Information request
Attachments: New Tenants since 9- 1- 10.xlsx; Tenants as of 9- 1- 10.xlsx; Tenants as of 10- 1- 11.xlsx;
Terminated Agreements since 9- 1- 10.xlsx
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10/1/11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the revenue collected
for rents were $19,577.62. As of 10/1/11 the revenue collected for rents were $24,156.36. If there is any other
information you would like please let me know. We have 4 T- Hangar units available at this time. Paul Mosher and John
Marsh are interested in a hangar for December and are scheduled to sign on in November and Bob Blieile is interested in
a hangar for January Thanks
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_
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Martha S. Vergara -W35 4 70,20
From: CurryChris
Sent: Wednesday, October 19, 20111:45 PM
To: OchsLeo; KlatzkowJeff
Subject: FW: Immokalee Information request
Attachments: New Tenants since 9- 1- 10.xlsx; Tenants as of 9- 1- 10.xlsx; Tenants as of 10- 1- 11.xlsx;
Terminated Agreements since 9- 1- 10.xlsx
fi'A-1
From: CurryChris
Sent: Wednesday, October 19, 2011 1:44 PM
To: HillerGeorgia (GeorgiaH il ler(aDcolliergov. net)
Cc: RaineyJennifer
Subject: Immokalee Information request
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10/1/11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the revenue collected
for rents were $19,577.62. As of 10/1/11 the revenue collected for rents were $24,156.36. If there is any other
information you would like please let me know. We have 4 T- Hangar units available at this time. Paul Mosher and John
Marsh are interested in a hangar for December and are scheduled to sign on in November and Bob Blieile is interested in
a hangar for January Thanks
Under Florida Law, e -mail addresses are public records. If you do riot want your e -mail address released in response to a public records request, do riot send
electronic mail to this entity. Instead. contact this office by telephone or in writing-
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Martha S. Verciara X357' /`Y 23
From:
CurryChris
Sent:
Wednesday, October 19, 20111:45 PM
To:
CoyleFred
Subject:
FW: Immokalee Information request
Attachments:
New Tenants since 9- 1- 10.xlsx; Tenants as of 9- 1- 10.xlsx; Tenants as of 10- 1- 11.xlsx;
Terminated Agreements since 9- 1- 10.xlsx
fyi
From: CurryChris
Sent: Wednesday, October 19, 2011 1:44 PM
To: HillerGeorgia (GeoraiaHiller colliergov.net)
Cc: RaineyJennifer
Subject: Immokalee Information request
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10/1/11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the revenue collected
for rents were $19,577.62. As of 10/1/11 the revenue collected for rents were $24,156.36. If there is any other
information you would like please let me know. We have 4 T- Hangar units available at this time. Paul Mosher and John
Marsh are interested in a hangar for December and are scheduled to sign on in November and Bob Blieile is interested in
a hangar for January Thanks
Under Florida Law, e -mail addresses are public records. It you do not want your e -mail address relezased in response to a Public records request, do riot send
electronic mail to this entity. Instead, contact this office by telephone or in writing_
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Martha S. Ver ara 4-35 47�t2 "
From:
CurryChris
Sent:
Wednesday, October 19, 20111:46 PM
To:
FialaDonna
Subject:
FW: Immokalee Information request
Attachments:
New Tenants since 9- 1- 10.xlsx; Tenants as of 9- 1- 10.xlsx; Tenants as of 10- 1- 11.xlsx;
Terminated Agreements since 9- 1- 10.xlsx
From: CurryChris
Sent: Wednesday, October 19, 2011 1:44 PM
To: HillerGeorgia (GeorgiaHiller@colliergov.net)
Cc: RaineyJennifer
Subject: Immokalee Information request
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10/1/11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the revenue collected
for rents were $19,577.62. As of 10/1/11 the revenue collected for rents were $24,156.36. If there is any other
information you would like please let me know. We have 4 T- Hangar units available at this time. Paul Mosher and John
Marsh are interested in a hangar for December and are scheduled to sign on in November and Bob Blieile is interested in
a hangar for January Thanks
Under Florida Law, e -mail addresses are public records. It you do riot want your e -mail address released it) response to a public records request, do riot send
electronic rnail to this entity. Instead. contact this office by telephone or in writing.
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From:
CurryChris
Sent:
Wednesday, October 19, 20111:46 PM
To:
ColettaJim
Subject:
FW: Immokalee Information request
Attachments:
New Tenants since 9- 1- 10.xlsx; Tenants as of 9- 1- 10.xlsx; Tenants as of 10- 1- 11.xlsx;
Terminated Agreements since 9- 1- 10.xlsx
fyi
From: CurryChris
Sent: Wednesday, October 19, 2011 1:44 PM
To: HillerGeorgia (GeorgiaHiller@colliergov.net)
Cc: RaineyJennifer
Subject: Immokalee Information request
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10/1/11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the revenue collected
for rents were $19,577.62. As of 10 /1 /11 the revenue collected for rents were $24,156.36. If there is any other
information you would like please let me know. We have 4 T- Hangar units available at this time. Paul Mosher and John
Marsh are interested in a hangar for December and are scheduled to sign on in November and Bob Blieile is interested in
a hangar for January Thanks
Under Florida Law, e mail addresses are public records. It you do riot want your e -mail address released in response to a public records request, do riot send
electronic rnail to this entity. Instead, contact this office by telephone or in writing.
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Martha S. Ver ara �`5 t X 2, �
From: RaineyJennifer
Sent: Wednesday, October 19, 20111:55 PM
To: Karla Ray
Cc: HillerGeorgia; RaineyJennifer
Subject: FW: Immokalee Information request
Attachments: New Tenants since 9- 1- 10.xlsx; Tenants as of 9- 1- 10.xlsx; Tenants as of 10- 1- 11.xlsx;
Terminated Agreements since 9- 1- 10.xlsx
The Commissioner has asked that I send you this information.
d'1&w&A ,Vou,
SwuLlf" 0bmv
d"6111' to 980"d Of &"ILV &MM&Q0"U
oft(* to Oimm my t eta dVi&t, 9Dtstt1& #2
3299 dwnk a d"tall ast, 8"Ift N 303
oVap&&, dr' 34772
(239) 262 -8602
(23 9) 262 -6407 oax
From: CurryChris
Sent: Wednesday, October 19, 2011 1:44 PM
To: HillerGeorgia
Cc: RaineyJennifer
Subject: Immokalee Information request
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10/1/11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the revenue collected
for rents were $19,577.62. As of 10/1/11 the revenue collected for rents were $24,156.36. If there is any other
information you would like please let me know. We have 4 T- Hangar units available at this time. Paul Mosher and John
Marsh are interested in a hangar for December and are scheduled to sign on in November and Bob Blieile is interested in
a hangar for January Thanks
Under Florida Law, e -mail addresses are public records. If you do not want your o mail address released in response to a public records r( quest. do not send
olectronic mail to this entity. Instead, contact this office by tolophone or in writing.
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Martha S. Vergara 35 (P75b27
From: RaineyJennifer
Sent: Wednesday, October 19, 20112:07 PM
To: Andre Senior
Cc: HillerGeorgia; RaineyJennifer
Subject: FW: Immokalee Information request
Attachments: New Tenants since 9- 1- 10.xlsx; Tenants as of 9- 1- 10.xlsx; Tenants as of 10- 1- 11.xlsx;
Terminated Agreements since 9- 1- 10.xlsx
Andre, Commissioner Hiller asked that I send this information to you.
d%bank #ou,
Sit dtWAV
cr�s A& to40oatd of cogmv f minw&neu
(7qlde to &MMU"pnet smvla ON'&% c patttct N2
3299 dlamkuw dtau9Ca,t, 8" to N 303
draft, OX 34112
(239) 262 -8602
(239) 262.6407 oFax
From: CurryChris
Sent: Wednesday, October 19, 2011 1:44 PM
To: HillerGeorgia
Cc: RaineyJennifer
Subject: Immokalee Information request
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10/1/11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the revenue collected
for rents were $19,577.62. As of 10/1/11 the revenue collected for rents were $24,156.36. If there is any other
information you would like please let me know. We have 4 T- Hangar units available at this time. Paul Mosher and John
Marsh are interested in a hangar for December and are scheduled to sign on in November and Bob Blieile is interested in
a hangar for January Thanks
Under F'loridza Law, e -mail addre sse >s are public records, if you do not want your e rr)wl address released in response to a public records request, do not send
electronic mail to this entity Instead, contact this office; by tra(ephoncl or in writing.
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Martha S. Ver ara 35Lf -7el 28
From:
RaineyJennifer
Sent:
Wednesday, October 19, 20112:08 PM
To:
Crystal K. Kinzel; Dwight E. Brock
Cc:
HillerGeorgia; RaineyJennifer
Subject:
FW: Immokalee Information request
Attachments:
New Tenants since 9- 1- 10.xlsx; Tenants as of 9- 1- 10.xlsx; Tenants as of 10- 1- 11.xlsx;
Terminated Agreements since 9- 1- 10.xlsx
Commissioner Hiller asked that I send this information to you.
d %aak #o",
OQWU*t db"V
oc�eeatlre 041A tod8oatd 0/1 &MMW&n& ,
OfIA to epmm slonet #eavla dil&t, cpvttlot N2
3299 damlami dtall aat, $atte N 303
oVapW, d f 34772
(239) 262 -8602
(239) 262 -6407 OF=
From: CurryChris
Sent: Wednesday, October 19, 2011 1:44 PM
To: HillerGeorgia
Cc: RaineyJennifer
Subject: Immokalee Information request
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10/1/11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the revenue collected
for rents were $19,577.62. As of 10/1/11 the revenue collected for rents were $24,156.36. If there is any other
information you would like please let me know. We have 4 T- Hangar units available at this time. Paul Mosher and John
Marsh are interested in a hangar for December and are scheduled to sign on in November and Bob Blieile is interested in
a hangar for January Thanks
Under Florida Law, e-mail addresses are public records. If you do not want your e -mail address released in responso to a public records request. do not send
electronic mail to this entity. Instead, contact this office by telephone, or in writing.
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From:
RaineyJennifer
Sent:
Wednesday, October 19, 20112:29 PM
To:
HillerGeorgia
Cc:
RaineyJennifer
Subject:
FW: Immokalee Information request
Attachments:
New Tenants since 9- 1- 10.xlsx; Tenants as of 9- 1- 10.xlsx; Tenants as of 10- 1- 11.xlsx;
Terminated Agreements since 9- 1- 10.xlsx
Interesting that Greg Sheppard is not even on any of the lists.
d'Aa.nk #ou,
o9ean9lat Adav
"Out tocouoatd a f &" &mas"Olwu
of da to CwnmW4wwt la dust.9AUtict #2
3299 damkwd Q%tall.,Cavt, 8uJft N 303
oVapl", d%C 33712
(239) 262 -8602
(239) 262 -6307 drax
From: RaineyJennifer
Sent: Wednesday, October 19, 2011 1:55 PM
To: Karla Ray
Cc: HillerGeorgia; RaineyJennifer
Subject: FW: Immokalee Information request
The Commissioner has asked that I send you this information.
dleank .qou,
,99m&9rat A"
00wi "d" toCoatd Of C" &MMU 0"U
04Ads to co-V-A &W-t #"I- dvd&t, vpvtttct N2
3299 piamAwd d iauco", 6"ift N 303
or5d", drat 33772
(239) 262 -8602
(239) 262 -6,007 oFax
From: CurryChris
Sent: Wednesday, October 19, 2011 1:44 PM
To: HillerGeorgia
Cc: RaineyJennifer
Subject: Immokalee Information request
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10/1/11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
1
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the revenue collected
for rents were $19,577.62. As of 10/1/11 the revenue collected for rents were $24,156.36. If there is any other
information you would like please let me know. We have 4 T- Hangar units available at this time. Paul Mosher and John
Marsh are interested in a hangar for December and are scheduled to sign on in November and Bob Blieile is interested in
a hangar for January Thanks
Under Florida Law, e -mail addresses are public records. It YOU do riot 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 mating.
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Martha S. Vergara =#"35g7k,,-?0
From: CurryChris
Sent: Thursday, October 20, 20112:43 PM
To: HenningTom
Subject: RE: Incident at Immokalee
Commissioner, I was informed yesterday that he stores an aircraft in the hangar of another tenant. This hangar is not
owned by Mr. Fletcher but is owned by Mr. Mayhood. The hangar is located in a bad position on the other side of the
airport that requires vehicles to cross or use active taxiways or runways, therefore, access has been restricted to Mr.
Mayhood. We have restricted other tenants on the airport who does not have a right to be there. If Mr. Mayhood
stores aircraft /items for others how do we restrict their access? The FAA has issued very strong guidance to limit the
amount of vehicles users that have the opportunity to come in close contact with aircraft.
I would most likely suggest to Mr. Fletcher that he relocate his aircraft to another position that does not require him to
cross active runways or taxiways. We do have a cargo bay unit that is available for rent that would serve this purpose
and accommodate the size of his aircraft.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: HenningTom
Sent: Thursday, October 20, 20112:22 PM
To: CurryChris
Subject: RE: Incident at Immokalee
I was told fletcher has 1 plane located in a storage unit remote to his storage. How is flecther going to gain access to that
plane?
From: CurryChris
Sent: Thursday, October 20, 20111:23 PM
To: FialaDonna; CoyleFred; HillerGeorgia; ColettaJim; HenningTom
Cc: Richard Rice (ma rand ic @com cast. net); Michael Klein (okokl (2myfairpoint.net); Lloyd Byerhof
(bye rhof @comcast.net); OchsLeo; KlatzkowJeff; James Murray (ioanandiimm @aol.com); Byron Meade
(BJMeade eft. newyorklife.com); FHalas @comcast.net
Subject: Incident at Immokalee
Commissioners /Airport Advisory Board Members, yesterday I met with Mr. Steve Fletcher at the Immokalee Airport to
discuss the incident that occurred on October 3, 2011. 1 issued him a letter of suspension to restrict his use of driving on
or crossing active runways and taxiways. His access is strictly limited to using the most direct route that allow him to
access his storage unit, obtain fuel from the airport fuel farm, and utilize his aircraft by use of designated airport access
gates. This restriction is strictly for vehicle use only by Fletcher Flying Service and not related to the operation of his
aircraft.
After gathering all pertinent information available, I have decided that the action taken so far is justified. The incident
was not criminal in nature since Mr. Fletcher had a right to be on the airport. However, his actions were more in line
with unauthorized access and negligent and inappropriate behavior at the Immokalee Airport. At this point, I have taken
all actions necessary and I do not intend to pursue any further actions in regard to this incident to include criminal
prosecution. If you have any further questions please give me call.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
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.
Martha S. Verqara 3541,7'1-3
From:
HillerGeorgia
Sent:
Friday, October 21, 201110:38 AM
To:
Rambosk Kevin
Cc:
Jim Williams
Subject:
Fwd: Immokalee Information request
Attachments:
New Tenants since 9- 1- 10.xlsx; ATTOOOOl.htm; Tenants as of 9- 1- 10.xlsx; ATT00002.htm;
Tenants as of 10- 1- 11.xlsx; ATT00003.htm; Terminated Agreements since 9- 1- 10.xlsx;
ATT00004.htm
Georgia Hiller
Commissioner, District 2
Begin forwarded message:
From: RaineyJennifer <JenniferRaineygcolliergov.net>
Date: October 19, 20112:28:50 PM EDT
To: HillerGeorgia <GeorgiaHiller&colliergov.net>
Cc: RaineyJennifer < JenniferRaineycr ,colliergov.net>
Subject: FW: Immokalee Information request
Interesting that Greg Sheppard is not even on any of the lists.
dAank #o1A,
,q,.,9r,t dw',
.Crcut" A& to.3oatd of &anti &Mmw �
d¢i& to & mm&A&nst PoVla d dAtt, oDvtttat 82
3299 piamiaiml pTtalLco5tat, 841ft M 303
pKpl", dr 34172
(239) 262 -8602
(239) 262 -6407 dram
1
From: RaineyJennifer
Sent: Wednesday, October 19, 2011 1:55 PM
To: Karla Ray
Cc: HillerGeorgia; RaineyJennifer
Subject: FW: Immokalee Information request
The Commissioner has asked that I send you this information.
d1kanA#oU,
sQaan')%t aWmw
Ada toapaatdof 6" &MM&QDMU
dfkk to dwnnilsslonst $eoVla oii et, ODlsisl& #2
3299 danilaml dtalld{ast, $alto 8 303
OV54 s, 4o!t 33772
(239) 262 -8602
(239) 262 -6307 OF=
From: CurryChris
Sent: Wednesday, October 19, 2011 1:44 PM
To: HillerGeorgia
Cc: RaineyJennifer
Subject: Immokalee Information request
Commissioner Hiller, I have attached excel spreadsheets that contain the following information.
1. Tenants as of 10 /1 /11
2. Tenants as of 9/1/10
3. Terminated Agreements since 9/1/10 with names.
4. New tenants since 9/1/10 with names.
N
You will also find at the end of the rents collected the total amount of rent collected. AS of 9/1/10 the
revenue collected for rents were $19,577.62. As of 10/1/11 the revenue collected for rents were
$24,156.36. If there is any other information you would like please let me know. We have 4 T- Hangar
units available at this time. Paul Mosher and John Marsh are interested in a hangar for December and
are scheduled to sign on in November and Bob Blieile is interested in a hangar for January Thanks
Undor I londta l aw, e -mail addresses are public records. It you do not want your e -mail address released in response to a public: records
rcertuost, do not send electronic mail to this entity. Instead, contact this office, by telephone or in writing.
-
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Martha S. Vergara 3547432-
From:
CurryChris
Sent:
Friday, October 21, 20111:58 PM
To:
Colettalim
Subject:
FW: Incident at Immokalee
FYI
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
- - - -- Original Message---- -
From: CurryChris
Sent: Thursday, October 20, 20112:43 PM
To: HenningTom
Subject: RE: Incident at Immokalee
Commissioner, I was informed yesterday that he stores an aircraft in the hangar of another tenant. This hangar is not
owned by Mr. Fletcher but is owned by Mr. Mayhood. The hangar is located in a bad position on the other side of the
airport that requires vehicles to cross or use active taxiways or runways, therefore, access has been restricted to Mr.
Mayhood. We have restricted other tenants on the airport who does not have a right to be there. If Mr. Mayhood
stores aircraft /items for others how do we restrict their access? The FAA has issued very strong guidance to limit the
amount of vehicles users that have the opportunity to come in close contact with aircraft.
I would most likely suggest to Mr. Fletcher that he relocate his aircraft to another position that does not require him to
cross active runways or taxiways. We do have a cargo bay unit that is available for rent that would serve this purpose
and accommodate the size of his aircraft.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: HenningTom
Sent: Thursday, October 20, 20112:22 PM
To: CurryChris
Subject: RE: Incident at Immokalee
I was told fletcher has 1 plane located in a storage unit remote to his storage. How is flecther going to gain access to that
plane?
From: CurryChris
Sent: Thursday, October 20, 20111:23 PM
To: FialaDonna; CoyleFred; HillerGeorgia; ColettaJim; HenningTom
Cc: Richard Rice (marandic @comcast.net); Michael Klein (okokl @mvfairpoint.net); Lloyd Byerhof
(byerhof @comcast.net); OchsLeo; KlatzkowJeff; lames Murray (ioanandiimm @aol.com); Byron Meade
(BJMeade!2ft.newyorklife.com); FHalas @comcast.net
Subject: Incident at Immokalee
Commissioners /Airport Advisory Board Members, yesterday I met with Mr. Steve Fletcher at the Immokalee Airport to
discuss the incident that occurred on October 3, 2011. 1 issued him a letter of suspension to restrict his use of driving on
or crossing active runways and taxiways. His access is strictly limited to using the most direct route that allow him to
access his storage unit, obtain fuel from the airport fuel farm, and utilize his aircraft by use of designated airport access
gates. This restriction is strictly for vehicle use only by Fletcher Flying Service and not related to the operation of his
aircraft.
After gathering all pertinent information available, I have decided that the action taken so far is justified. The incident
was not criminal in nature since Mr. Fletcher had a right to be on the airport. However, his actions were more in line
with unauthorized access and negligent and inappropriate behavior at the Immokalee Airport. At this point, I have taken
all actions necessary and I do not intend to pursue any further actions in regard to this incident to include criminal
prosecution. If you have any further questions please give me call.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
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.
Martha S. Ver ara35�7�33
From:
CurryChris
Sent:
Friday, October 21, 20111:58 PM
To:
FialaDonna
Subject:
FW: Incident at Immokalee
FYI
Chris Curry
Executive Director
Collier County Airport Authority
(W)239 -642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: CurryChris
Sent: Thursday, October 20, 20112:43 PM
To: HenningTom
Subject: RE: Incident at Immokalee
Commissioner, I was informed yesterday that he stores an aircraft in the hangar of another tenant. This hangar is not
owned by Mr. Fletcher but is owned by Mr. Mayhood. The hangar is located in a bad position on the other side of the
airport that requires vehicles to cross or use active taxiways or runways, therefore, access has been restricted to Mr.
Mayhood. We have restricted other tenants on the airport who does not have a right to be there. If Mr. Mayhood
stores aircraft /items for others how do we restrict their access? The FAA has issued very strong guidance to limit the
amount of vehicles users that have the opportunity to come in close contact with aircraft.
I would most likely suggest to Mr. Fletcher that he relocate his aircraft to another position that does not require him to
cross active runways or taxiways. We do have a cargo bay unit that is available for rent that would serve this purpose
and accommodate the size of his aircraft.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: HenningTom
Sent: Thursday, October 20, 20112:22 PM
To: CurryChris
Subject: RE: Incident at Immokalee
I was told fletcher has 1 plane located in a storage unit remote to his storage. How is flecther going to gain access to that
plane?
From: CurryChris
Sent: Thursday, October 20, 20111:23 PM
To: FialaDonna; CoyleFred; HillerGeorgia; ColettaJim; HenningTom
Cc: Richard Rice (marandic @comcast.net); Michael Klein (okokl @mvfairpoint.net); Lloyd Byerhof
(byerhofecomcast.net); OchsLeo; KlatzkowJeff; James Murray (ioanandiimm @aol.com); Byron Meade
(BJ Meade @ft.newyorklife.com); FHalas @comcast.net
Subject: Incident at Immokalee
Commissioners /Airport Advisory Board Members, yesterday I met with Mr. Steve Fletcher at the Immokalee Airport to
discuss the incident that occurred on October 3, 2011. 1 issued him a letter of suspension to restrict his use of driving on
or crossing active runways and taxiways. His access is strictly limited to using the most direct route that allow him to
access his storage unit, obtain fuel from the airport fuel farm, and utilize his aircraft by use of designated airport access
gates. This restriction is strictly for vehicle use only by Fletcher Flying Service and not related to the operation of his
aircraft.
After gathering all pertinent information available, I have decided that the action taken so far is justified. The incident
was not criminal in nature since Mr. Fletcher had a right to be on the airport. However, his actions were more in line
with unauthorized access and negligent and inappropriate behavior at the Immokalee Airport. At this point, I have taken
all actions necessary and I do not intend to pursue any further actions in regard to this incident to include criminal
prosecution. If you have any further questions please give me call.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239- 269 -3353
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.
Martha S. V
From:
Sent:
To:
Subject:
FYI
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 -269 -3353
CurryChris
Friday, October 21, 20111:58 PM
CoyleFred
FW: Incident at Immokalee
- - - -- Original Message---- -
From: CurryChris
Sent: Thursday, October 20, 20112:43 PM
To: HenningTom
Subject: RE: Incident at Immokalee
-*35q 7*3
Commissioner, I was informed yesterday that he stores an aircraft in the hangar of another tenant. This hangar is not
owned by Mr. Fletcher but is owned by Mr. Mayhood. The hangar is located in a bad position on the other side of the
airport that requires vehicles to cross or use active taxiways or runways, therefore, access has been restricted to Mr.
Mayhood. We have restricted other tenants on the airport who does not have a right to be there. If Mr. Mayhood
stores aircraft /items for others how do we restrict their access? The FAA has issued very strong guidance to limit the
amount of vehicles users that have the opportunity to come in close contact with aircraft.
I would most likely suggest to Mr. Fletcher that he relocate his aircraft to another position that does not require him to
cross active runways or taxiways. We do have a cargo bay unit that is available for rent that would serve this purpose
and accommodate the size of his aircraft.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: HenningTom
Sent: Thursday, October 20, 20112:22 PM
To: CurryChris
Subject: RE: Incident at Immokalee
I was told fletcher has 1 plane located in a storage unit remote to his storage. How is flecther going to gain access to that
plane?
From: CurryChris
Sent: Thursday, October 20, 20111:23 PM
To: FialaDonna; CoyleFred; HillerGeorgia; ColettaJim; HenningTom
Cc: Richard Rice (marandic @comcast.net); Michael Klein ( okokl myfairpoint.net); Lloyd Byerhof
(byerhof @comcast.net); OchsLeo; KlatzkowJeff; James Murray (ioanandiimm @aol.com); Byron Meade
(BJMeade @ft.newyorklife.com); FHalas @comcast.net
Subject: Incident at Immokalee
Commissioners /Airport Advisory Board Members, yesterday I met with Mr. Steve Fletcher at the Immokalee Airport to
discuss the incident that occurred on October 3, 2011. I issued him a letter of suspension to restrict his use of driving on
or crossing active runways and taxiways. His access is strictly limited to using the most direct route that allow him to
access his storage unit, obtain fuel from the airport fuel farm, and utilize his aircraft by use of designated airport access
gates. This restriction is strictly for vehicle use only by Fletcher Flying Service and not related to the operation of his
aircraft.
After gathering all pertinent information available, I have decided that the action taken so far is justified. The incident
was not criminal in nature since Mr. Fletcher had a right to be on the airport. However, his actions were more in line
with unauthorized access and negligent and inappropriate behavior at the Immokalee Airport. At this point, I have taken
all actions necessary and I do not intend to pursue any further actions in regard to this incident to include criminal
prosecution. If you have any further questions please give me call.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
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.
Martha S. Verc
ara
From:
Colettalim
Sent:
Friday, October 21, 20114:38 PM
To:
BJMeade @ft.newyorklife.com
Subject:
FW: Incident at Immokalee
FYI
- - - -- Original Message---- -
From: CurryChris
Sent: Friday, October 21, 20111:58 PM
To: Colettalim
Subject: FW: Incident at Immokalee
FYI
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: CurryChris
Sent: Thursday, October 20, 20112:43 PM
To: HenningTom
Subject: RE: Incident at Immokalee
Commissioner, I was informed yesterday that he stores an aircraft in the hangar of another tenant. This hangar is not
owned by Mr. Fletcher but is owned by Mr. Mayhood. The hangar is located in a bad position on the other side of the
airport that requires vehicles to cross or use active taxiways or runways, therefore, access has been restricted to Mr.
Mayhood. We have restricted other tenants on the airport who does not have a right to be there. If Mr. Mayhood
stores aircraft /items for others how do we restrict their access? The FAA has issued very strong guidance to limit the
amount of vehicles users that have the opportunity to come in close contact with aircraft.
I would most likely suggest to Mr. Fletcher that he relocate his aircraft to another position that does not require him to
cross active runways or taxiways. We do have a cargo bay unit that is available for rent that would serve this purpose
and accommodate the size of his aircraft.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239 -642 -7878 x35
(C) 239 - 269 -3353
- - - -- Original Message---- -
From: HenningTom
Sent: Thursday, October 20, 20112:22 PM
To: CurryChris
Subject: RE: Incident at Immokalee
I was told fletcher has 1 plane located in a storage unit remote to his storage. How is flecther going to gain access to that
plane?
From: CurryChris
Sent: Thursday, October 20, 20111:23 PM
To: Fialaponna; CoyleFred; HillerGeorgia; ColettaJim; HenningTom
Cc: Richard Rice (ma randic @comcast.net); Michael Klein (okokl @mvfairpoint.net); Lloyd Byerhof
fterhof @comcast.net); OchsLeo; KlatzkowJeff; James Murray (ioanandiimm @aol.com); Byron Meade
(BJMeadeQft.newyorklife.com); FHalas @comcast.net
Subject: Incident at Immokalee
Commissioners /Airport Advisory Board Members, yesterday I met with Mr. Steve Fletcher at the Immokalee Airport to
discuss the incident that occurred on October 3, 2011. 1 issued him a letter of suspension to restrict his use of driving on
or crossing active runways and taxiways. His access is strictly limited to using the most direct route that allow him to
access his storage unit, obtain fuel from the airport fuel farm, and utilize his aircraft by use of designated airport access
gates. This restriction is strictly for vehicle use only by Fletcher Flying Service and not related to the operation of his
aircraft.
After gathering all pertinent information available, I have decided that the action taken so far is justified. The incident
was not criminal in nature since Mr. Fletcher had a right to be on the airport. However, his actions were more in line
with unauthorized access and negligent and inappropriate behavior at the Immokalee Airport. At this point, I have taken
all actions necessary and I do not intend to pursue any further actions in regard to this incident to include criminal
prosecution. If you have any further questions please give me call.
Chris Curry
Executive Director
Collier County Airport Authority
(W)239- 642 -7878 x35
(C) 239 - 269 -3353
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.
Martha S.
From: MuellerDe i
Sent: Monday, October 24,20lIQ:05AK4
To: [urnChris
Subject: Tenants with Airport Access asofIU'1-ll.x|sx
Attachments: Tenants with Airport AcdessosofIO'1'll.x|sx
Chris,
Attached is the list of tenants with airport access you asked for. | may have given you more or less information than you
need, let me know if you need anything added, deleted, etc.., and I'll make the changes.
'Deb[ mveUei,
Under I Ionda Law e-mad addresses are pubbc recotcls If YOU do riot want your e-tnail address released it) response to a public, records request, do riot send
electtonic mail to this entity Instead contact this office, by telephone or in writing.
10/21/2011
T
Busmew ame Owner Location Property
7-
Armory Board (Nat'l Guard) - - Immokalee - 4 acres for parking
- - _
Civil Air Patrol - Immokalee Grass Tie -Down, Utility trailer parking
Collier County Sheriffs Office _ _Immokalee - Office FIS Station -2,280 sq. ft.
Q C. Air Corky Mayhood Immokalee Land 87,120 sq. ft.
Fletcher Flying Service Steve Fletcher Immokalee Staging Area 50' X 50
Florida Architectural Products Immokalee 10,504 square foot build_ ing_
Imm. Regional Raceway Ralph Hester Immokalee closed runway 375,000 sq. ft_
Immokalee Water & Sewer Immokalee Right to conduct utility activities on airport land 2.93 acres
KPK Mana�ment
,Larry Fox Immokalee 13,000 square foot building
Parks and Recreation Immokalee Events area (SE corner of Airport) - 305 000 sq. ft.
RTH Enterprises Ralph Hester tlmmokalee Cargo Bay 1 3,720 sq. ft.
- - -- -
Salazar Machine & Steel Inc. 'Pete Salazar Immokalee 1,646 square foot building (Old EMS)
Serenity Construction Immokalee See Exhibit A of agreement, no sq footage listed
Shepard, Greg _+ mokalee Buildmgs 13 & 14 30,000 sq. ft
- -- t --
Swasey, John Immokalee Comm Aviation QperaUons License
Immokalee Land 76,657 68 sq. ft
Turbo Services _ - -- -- - -- -- - -- _
Collier Mosquito Control Immokalee T- Hangar A -1 and Storage
!Joachim Finkelmeier 1 Immokalee T- hangar )A5 —_
Michael Walk Immokalee T- hangar I -A7
'Joseph Riella Immokalee T- hangar I -A8
Maco Touchet Immokalee T- hangar I_A10
- _William Glass Immokalee T- hangar I -B2
Theoren Murvin Immokalee T- hangar I -63
-
I Nathan Young Immokalee T- hangar 1 -64
Harlan Wyborny Immokalee T- hangar I--B5 _
Lloyd Epperly Immokalee T- hangar I -B6 _
Donald Ruhl Immokalee T- hangar I -67
Ryan Gunnels Immokalee T- hangar 1 -138 -_
Neil Fogle Immokalee IT - hangar 1 -139
Express Flight Osmani Perez Immokalee T- hangar I -C1
Bandito Aviation John & Alex Wolski Immokalee T- hangar I -C2
- Robert L Tipton - Immokalee T- hangar I -C3
Shelly Netherwood Immokalee T- hangar I -C4
Dale Barkman Immokalee T- hangar I -C6
Alfred Bennett Immokalee T- hangar I -C7
,—Robert Jones Immokalee T hangar I -C8
- -- - - - - — -- -
_George RFetzer Immokalee T- hangar I -C9 _-
- - - - Immokalee
Berens i Immokalee Hangar (930 square foot building)
t-
i
rt --
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TENANTS WITH
AIRPORT ACCESS
10/21/2011
BusinessName
Owner
Location Property
r _
Armory Board (Nat'l Guard) - -
Civil Air Patrol -
Immokalee 4 acres for parking
Immokalee - Grass Tie -Down, Utility trailer parking —_
-
Collier County_ Sheriff_ s Office
Immokalee
Office FIS Station - 2 280 sq. ft
Immokalee
Land 87,120 sq ft.
D C. Air Corky Mayhood -
Fletcher Flying Service I Steve Fletcher
~Immokalee
Stag ng Area 50'X--50'
Florida Architectural Products t. Am-
mokalee
10,504 square foot building
Imm. Regional Raceway Ralph Hester
mmokalee
closed runway 375 OOO sq ft
Immokalee Water & Sewer
Immokalee
Right to_conduct utility activities on airport land 2.93 acres
KPK Management Larry Fox
Immokalee 113,000
square foot building
Parks and Recreation
Immokalee
- -
Events area (SE corner of Airport) 305,000 sq ft
-- - - -
RTH Enterprises Ralph Hester
Immokalee
Cargo Bay 1 - 3,720 sq. ft.
Salazar Machine & Steel, Inc. I Pete Salazar
Immokalee
1,646 square foot building (Old EMS)
Serenity Construction
Immokalee —
See Exhibit A of agreement, no sq. footage listed
_
Shepard Greg -
John
Immokalee 'Bu
Immokalee
ild i ngs 13 &__1 4 - 30 000 sq. ft.
Comm Aviation Operations License
Swasey,
Turbo-service-s-
urbo Services -
Immokalee __end
- 76,657.68 sq. ft.
Collier Mosquito Control - - - __
Immokalee 'T-Hangar
-
A -1, and Storage
- - --
-- -- -
Joachim Finkelmeier
Immokalee
T- hangar I -A5
Michael Walk
Immokalee
T- hangarl -A7
Joseph Riella
Immokalee
T- hangar I -A8
Maco Touchet
Immokalee
T- hangar I -A10
' William Glass
Immokalee
T- hangar I -62
2 -- -
'Theoren Murvin
Immokalee
T- hangar 1 -63
Nathan Young -
Immokalee
,T- hangar 1 -134
-, Harlan Wyborny-
Epperly
Immokalee
Immokalee
T�T_,___ hangar I -B5
hangar I -B6
;Lloyd
ld Ruhl
Immokalee
ang ar I -B7
Gunnels _
-- -- - - --
*Neil
Immokalee
T- hangar I -B8 - - --
ogle
Express Flight Osmani Perez
Immokalee
Immokalee
T- hangar I -B9
T- hangar I -C1
Bandito Aviation John & Alex Wolski _-
Immokalee
- --
T- hangar I -C2 _
-- -- - - --
'Robert L Tipton
Immokalee
T- hangar I -C3
Immokalee
Shelly Netherwood
T- hangar I -C4
DaleBarkman
Immokalee._
—
T-hangarl -C6
_ _-
- - -- -
Alfred Bennett
Immokalee
IT- hangar I -C7
Robert Jones
Immokalee
hangar I_C8
,George R Fetzer
T- hangar I -C9
Immokalee
'Immokalee
--
Ebrahim Berens
Hangar (930 square foot building)
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