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Agenda 03/22/2011 Item #13A1 3/22/2011 Item 13.A.1. EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway. OBJECTIVE: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority (Authority), approves a Second Amendment to License Agreement between the Collier County Airport Authority and Immoka]ee Regional Raceway. CONSIDERATIONS: In April, 1999, the Authority entered into a License Agreement with RTH Enterprises, Inc., d/b/a Immokalee Regional Raceway, for the temporary use of property within the Immokalee Regional Airport as an "IHRA Sanctioned Drag Racing Strip," In 2002, this License Agreement was amended in order to, among other things, extend the expiration date of the License Agreement to March 31, 2007, Since April]. 2007, the Authority and Immokalee Regional Raceway through their intent and conduct extended the License Agreement on a month-to-month basis, and Immokalee Regional Raceway has continued its operations at the Immokalee Regional Airport pursuant to the ternlS and conditions of the License Agreement. as amended, with the following exception, As set forth in the back-up to this item, in July 2009, the then Airport Executive Director lowered the monthly rent from $2,750 to $1.259,58, It does not appear that the AirpOlt Authority approved this reduction, The proposed Second Amendment revises the fees owed by Immokalee Regional Raceway for its use of the property with a $2,500 per month Land Lease and memorializes the continuing month-to-month arrangement of the License Agreement. FISCAL IMPACT: The Authority will receive $7.442.52 in revenue for the remainder of Fiscal Year 2011, however budgeted revenue for fuel sales for Fiscal Year 20] 1 is $239.300, and it is anticipated that fuel sales will be $202,247 which is $37,053 lower than budgeted, No budget amendment is required at this time, GROWTH MANAGEMENT IMPACT: None, LEGAL CONSIDERATIONS: The proposed Second Amendment was drafted by the County Attorney working in close conjunction with the Airport Authority Executive Director and requires a simple majority vote, -JAK RECOMMENDATION: That the Board of County Commissioners, in its capacity as the Collier County Airport Authority. approves the attached Second Amendment to License Agreement between the Collier County Airport Authority and Imlllokalec Regional Raceway, ~'- PREP ARED BY: Chris Curry, Airport Authority Executive Director Packet Page -763- 3/22/2011 Item B.A.1. COLLIER COUNTY Board of County Commissioners Item Number: 13.A.1. Item Summary: Recommendation to approve a Second Amendment to License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway, Meeting Date: 3/22/2011 Prepared By Name: BrueggemanDebra Title: Operations Coordinator, Airport Authority 3/1 0/2011 2:54:29 PM Submitted by Title: Executive Director - Airport Authority,Airport Authority Name: CurryChris 3/1 0/2011 2:54:30 PM Approved By Name: CurryChris Title: Executive Director - Airp0l1 Authority,Airport Authority Date: 3/14/2011 12:47:31 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/15/201] 12:06:11 PM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 3/15/20113:51:05 PM Name: OchsLeo Title: County Manager Date: 3/15/201] 4:11:00 PM Packet Page -764- 3/22/2011 Item 13.A.1. Attachment A License Agreement Between Immokalee Regional Raceway and Collier Connty Airport Authority at the Immokalee Regional Airport R TH Enterprises Inc, D/B/A Immokalee Regional Raceway p, O. Box 2023 Immokalee, FL 34143 Collier County Airport Authority 2003 Mainsail Drive Naples, FL 34114 TIus is a BARE LICENSE Agreement between the Imrnokalee Regional Raceway (IRR) and the Collier County Airport Authority (Authority). This Agreement is for the temporary use of the area depicted in Exhibit "A", The area shall be for the sole purpose of "IHRA Sanctioned Drag Racing Strip," Drag Racing is an inherently risky activity, IRR must always faithfully satisfy all tl1e requirements listed in this Agreement and all of its Exhibits and the IRR must at all times act in the utmost good faith ~th regard to all aspects of this Agreement. For the purposes of this Agreement, IRR includes the corporation and all person employed by IRR, all agents and other representatives of IRR, and all persons actually or constructively invited anywhere onto the Immokalee Airport because of any activity of IRR, including, but not limited to, its employees, agents and representatives, all crews, spectators, concessionaires, and patrons, The Executive Director of the Authority and the Manager of the Imrnokalee AiIport are hereby authorized to administer this Agreement on behalf of the Authority. Only the Authority may amend this Agreement. "Airport" means the entire Immokalee Regional Airport, "Operational Area" means the area depicted as such in Exhibit "A" attached hereto. "Parking Area" is limited to the areas depicted as such on the attached Exhibit "An, I. No activity will be allowed which in the sole discretion of the Authority interferes with the safe operation of the Immokalee Regional Airport or that is unacceptable to the Authority or that in the judgment of the Airport Manager or the Executive Director of the Authority constitutes any type of hazard or nuisance, 2, All operations shall be limited to the area depicted on Exhibit "A" (operational area) and IRR will be responsible for all public control, security, clean-up of the Airport, and returning the site to its original condition after use, IRR shall keep the Airport clean of any and all trash, etc, brought onto the Airport by any person connected to IRR, including a complete policing of the entire Licensed Area as soon as possible after every race day. 3, IRR has constructed a vehicle access road from Airpark Boulevard to the operational arca, as depicted in exhibit "A", IRR assets that the access road has been designed and constructed in accordance with all Federal, State, and County regulations, That road shall be maintained at no cost whatsoever to the Authority and shall automatically become the property of the Authority upon the termination of this Agreement. 4, lRR will be permitted to operate in said operational area at the Immokalee Regional Airport effective April 1. 1999 through March 31. 2002, This agreement may be terminated upon 30 Packet Page -765- 3/22/2011 Item B.A.1. days wrilten notice by either party without liability by either party, This Agreement and the ) R'R occupancy of said area shall always be at no cost to the Authonty, 5, )NSUI~'\NCE, lRR agrees to maintain in force at all times during the term of this agreement $3,000,000 Comprehensive Genera) Liability Insurance and the Collier County Board of County Commissioners will at all times be an "additional insured". An acceptable Certificate of Insurance evidenced such coveragc shall be delivered to the Authority prior to the approval of this Letter of Agreement. 6. IRR agrees that its activity will not create any public or private nuisance and that the activity proposed shall be conducted in accordance with all Federal. Statc and local laws and in full ac<.:ord with the Immokalee Regional Raceway Safcty Plan including all exhibits thereto, 7. JRR shall identify and per!i.ll"J11 adequate measures to ensure that no persons who arc on the Airport as a patron. guest cluployee. agent or in any way associated \vith IRR shall w<:mder~ v<.:nture or go outside of the area depicted on Exhibit "A', 8. IRR shall submit an acceptable plan identifying details, schedules. and personnel requircd to sueccssfully conduct drag racing activity and a detailed Safety Plan prior to the Authority approving this Letter of Agreement. Once the plan is approved, it shall automatically and immediately be part uf this Agrcement. 9. IRR shall indemnify and save hamlless the Authority. Board of County Commissioners. mem bers of their boards. their officers. agents, and employees of and from all claims, demands, debts, liabilities, and cause of action (including attorney fees and cost) whatsoever resulting ti'om any operation or mere presence ofIRR at the Immokalce Regional Airport. 10, Fees: For the purpose of occupying the space and conducting commercial activities at the Airport. IRR shall pay the following fees: J\, Occupancy Fee - $150 per month, 13. Commercial ..\ctivities Fec - S 1,000 each week of any activity, C, Advertising Fce - 50% uf gross revenues derived from advertising concessions, D. Deposit, 55.000, Authorily shall retain any interest accrued thereon, Occupancv Fee: Shall be paid in advance and without demand on the first of each month throughout the term of this agreement. Prompt payment is esscntial. The Authority will not tolerate any late payment of any fees, C\)mmcrcial Activities Fee: Fur l:<.lch \veek thall.hc raceway is ';J.Cliv~" rRR shall pay to the an additional $1.000 "Activity fCl:." "Active" shall mean any vehicle operations taking place Juring the: respective v..:eck (!\1onday through Sunday) on the racc\vay for any purpose (testing, racing de.). .\t a minimum the racc\\'ay sh3.11 b\; deemed to be active (whether Llc1uai1y active or llm) Iwenty-four (24) weeks per j,iccnse /\greement Year. lRR shall pay $2,()()[) per montb beginning :vIal' 1. 1999 to cover said twenty, four (24) minimum active ~ 2 Packet Page' 766- 3/22/2011 Item 13.A.1. weeks, Each vear on March 3] IRR shall provide Authority with a statement identifying the number of we~ks the raceway was actually "active" and "deemed" active during the previous twelve (12) month period, If raceway was "active" morc than any twenty-four (24) of those weeks. IRR shall issue payment with the statement in the amount of $1 ,000 for each "activc" week over the "deemed" twenty-four (24) week minimum, Advertising Fee: At thc end of each month IRR shall issue to the Authority a statement along with payment in the amount of 50% of all gross advertising revenue received by IRR during that month, It is contemplated that IRR will sell advertising by allDwing advertisers tD display advertising signs Dn the concrete barrier walls of the raceway opposite the spectator viewing area, The Director of the Airport Authority may require immediate removal of any advertising that he deems to be inappropriate or be in an unapproved location; it is, therefore, recommended that if there is any question that an advertisement may nDt be appropriate, that the advertisement may be approved by the AirpDrt Manager befDre placemcnt at the Airport. Securitv DePDsit: Prior to April 1. 1999, IRR shall deliver a depDsit of $5.000. That depDsit shall be returned in full at the tenninatiDn of this Agreement, less any damages and/or CDstS the Authority incurs related to IRR's occupancy Dr use of the AirpDrt, II, Improvements to Racewav: Other than the Access RDad (described hereinabove). nD pemlanent improvements shall be permitted, All improvements (seating, concrete balTicades, timing devices etc,) shall be remDved nDt later than thirty (30) days after nDtice tD remove from the Authority, All shall be at no cost to the Authority, 12. Fire Fi!!htin!!. Rescue. Securitv. and Towin!!, IRR shall be responsible to provide fire fighting, rescuc, security, and towing at the Airport, Neither Collier County, the Authority. or any agency of Collier County shall have any Dbligations with regard to any such matters, Services from the Collier County Sheriffs Agency and Collier County EMS shall be as provided to any other entity, No extraordinary scrviccs shall be prDvided. "Rescue" includes all emergency services 'that may be deemed to he reasonably needed by any pcrson associated with IRR 13, Fuel. Fuel shall be stored in containers that are approved by the lmmokalee Fire District. Said approval shall be in "Titing, Fuel shall be stored safely only in the area marked on exhibit "8" of the Safety Plan. Fuel will be transported in an appropriately licensed transport vehicle by a licensed fuel vendor. 14, Parkinu Area!s), IRR shall be respDnsible to ensure that no vehicles are parked in any area that has not been authorized by the Authority in writing for parking any such vehicle, IRR shall not less than one each week inspect all parking areas for any condition that might cause al1Y harm to any persons or property, Any such harm discovered by IRR shall immediately he brought to the attention of the Airport Manager. or in his absence, the Executive Director of the Authority. IRR shall be solely rcsponsible for all matters related to the parking of vehicles on the Airport whenever any such parking is affiliated with any activity of lRR or the prcsencc oflRR on the Airport, 3 Packet Page -767- 3/22/2011 Item 13.A.1. 15, Public Stands, Securitv Sheds. Picnic Tables. Concession Stands, Kittv Plav Area, Etc, IRR shall be solely responsible for all matters related to all areas licensed for any use by IRR, 16, POLLUTION AND CONTAMINATION, IRR shall be responsible to fully clean up any and all contamination of the Airport with fuel andlor any other pollutants that may be brought onto the Airport by IRR, No such substance shall be brought onto the Airport without prior written approval from the Executive Director of the Authority, 17, \.ise of Licensed Premises/Use of Name, IRR has inspected the Airport and approves the same as being suitable for the uses intended by IRR, The fRR takes the Airport "as is," IRR shall not use the airport for any unlav.ful, immoral, or illegal purpose, 18, Track Condition, IRR shall maintain the racetrack in a race-insurable, race-ready condition, and at the termination of this Agreement shall return the racetrack to the Authority in a race- insurable and race-ready condition. 19, Utilities, IRR shall pay for all of its utilit;es, including trash removal, at the Airport, ~O, Alcoholic Bevera~es, No alcoholic beverages, including beer, shall be allowed at the Airp0l1. IRR can immediately have removed from the Airport any person who violates this restriction, IRR shall post appropriate signs and other notices that state that alcoholic beverages are prohibited at the Airport. ~ I. Real Pronertv Taxes. At the time of execution of this Agreement, the Licensed premises are not subject to real property taxes, IRR shall be responsible for thc paymcnt of any and all real property taxes or other taxes which may be assessed on the licensed premises, including on any and all improvements, and/or on this Agreement itself. 22, Costs of Enforcement. In the event that is shall be deemed necessary by the Authority, at any time, to institute legal action or proceeding for the enforcement of this Agreelnent or to employ the County Attorney's Office and/or an outside Jttorn~y(s)-at-Iaw for the purpose of enforcing any terms of this Agreement, the prevailing party shall be entitled to recover all costs and expenses incurred, including reasonable attorney's fees. through all proceedings. trials, and appcJ.ls. :23. /\uthoritv's Rit!ht to Review Financial Statements. IRR shall provide upon request. on an allnual basis, and at no costs to the Authority, within sixty (60) days of IRR's receipt thereof. IRR's iin~nc.:ial statements pertaining to the Airport. 2~, Media Ri~hts, IRR shall have all motion picture, television, audio rccording. video and other IllCUiLl rights pertaining to all events that occur on the Licensed premises during the term of this :\grecml:nt. lRR is entitled to all income pertaining to or derived from said rights including income received by IRR subsequent to the termination of this Agreement. ~ '- Packet Page -768, 3/22/2011 Item B.A.1. 25, Venue, The exclusive venue for all actions arising trom this Agreemcnt shall be in Collier County, Florida, 26, Noticcs, Any notice, statement, demand or other communication required or permitted to be delivered or served or given by either party hereto to the other, shall be delivered or served or given and shall be deemed to have been delivered or served or given if mailed in any general or branch U ,5, Posy Office, enclosed in a registered or eertified envelope addressed to the respective party as follows: To the Authoritv: To the Licensee: RTH Enterprises Inc, d/b/a Immokalee Regional Raceway p, 0, Box 2023 Immokalee, FL 34142 Collier County Airport Authority 2003 Mainsail Drive Naples. FL 34114 27. Assignment. This Agreement shall not be assigned without the expressed \\Titten approval of the authority, IN WITNESS WHEREOF, the parties hereto have exeeuted this BARE LICENSE AGREEMENT on this day of April, 1999. T. A DELEWARE CORPORATION D/B/A IMMOKALEE By: Date: fL'-zo''lY 1}!..rr, Print Name: ~,0'{ T IIt!o.fer'<...-J I Witness: ~ OJ..J~td. j lC'-<..{r&- Witness:~aJ ~~' ", " In slgnmg t11l5 document. the above mdlvldual wan-ants and cerhhes that he is a bonafide representative of the Immokake Regional Racewav and has full authoritv to obli"ate said RTH Enterprises Inc, dib/a 1mmokalee Regional Race\V~y a Dcleware Corpor:ltion, oflhe provisions agreed to herein. COLLIER CD~""AJRPORT AUTHORITY ^ppro\'e~ L'l/G0r'V\-"\) Airport Authority Michael Williams, Chaicman Ii _);, .- qC<r Date: 7 5 Packet Page -769- Vv'itness: , ' ,Witness:, :, .~. " 'Printed name of Witness , ., n ~'itness:, tk~o d~^~~u-;cl, ~Vitn:ss: <:;<l; \ -\-\;Q,vv.b,; ~~\-+ , Printed name of Wl ess Approved as to form and legal sufficiency -p~ ~J~ ThonMs C. Palmer Assistant County Attorney ~ ,END- Packet Page ,770- 3/22/2011 Item 13.A.1. 4;;r.~, {.rQ1~ ~ GAIL D. HAMBRIGHT Notlry Putllic, Stale at Florida My comm. expires Aug. 19. 2002 Comm. No. CC76B562 G 3/22/2011 Item 13.A.1. -- -- -~, .......... --- ..- . .~ i...., ,:' ',/ ~/I '\,,~, '" , JJ llj \1 I II 1T"I'ljl! _~i1'f---\ \\1, )\.,' " 11"1"". ,.'. I !~~ \\:3=<\' I I,::! : l--tL ',j 'I \~!i- _~K=~C ~!, .~I \r~L"\:1 r=1\,-, r ',{, ';> ' l' \1 ./1 " , :' 'I II, / f :1"ltl \ \ II (IIi:: :, \ >~~~' / "., ! II, :::Ii\ ,:\ ..) ~011., ' 1/ .J I \ I' '\ II . 'J, . /L 1 \:\1,:: ,,;/<7 \.'"', " "I;' " , "~ y "', ." Iil " II ' "/, 7 :,' -~~ is ., I ~ I :1 I ' ' ",'/ ~ '" /: . 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I r " ------: \:.... ----- ~ r. . ,I I ': i?~ I :> " .:', . )11"':" Ii \, ~:iK Z Ii: \ . :\\,'. . , Iii . )'111: _ 'j: ___J\ LJ't- \ :t\~i! _\\-2_~~IL~___-~._----~ _______2L_....__,"'_____~ ___,l - .. --- Packet Page -771. 3/22/2011 Item 13.A.1._ IMMOKALEE REGIONAL RACEWAY SAFETY PLAN I, The lmmokalee Regional Raceway will meet or exceed each of the attached International Hot Rod Association (IHRA) track requirements. See exhibit "A", 2, Immokalee Regional Raceway will provide security personnel for crowd control at each race event. Security personnel will be posted at each access location to prevent unauthorized person(s) from gaining access to the pit and track operation areas. See exhibit "B". ~ 3. Prior to commencing any racing activities the lmmokalee Regional Raceway will coordinate emergency response requirements with IrnrnokaIee Fire Department, The CoIlier County Sheriff's Office, and Collier County EMS. This will include IRR providing copies of this safety plan and visitation to the site by those age:,cies. 4, Twenty four hours Prior to each racing event IRR will inform each of the afore mentioned agencies that races will be held. 5, IRR wiIl have emergency communications capabilities at all times consisting of telephones with backup cellular telephone for the purpose of reporting any emergency to appropriate responding agencies, ~ Packet Page -772- 3/22/2011 Item 13.A.1. _ ~ 6. IRR will operate at all times within the parameters of an approved IHRA safety plan, 7. lRR will update this plan annually or as necessary due to operational or facility layout changes. Packet Page -773- '- 7, '- 8, 9, 10, 11, 12, 13, 14, '- 3/22/2011 Item BA1. - I Safety Plan-Exhibit "A" Basic 1/8 Mile IHRA Weeklv Track Requirements 1. Track must be at leas! 40' wide. 2. Track mus! be at least 1,800' long from starting line to end of peved surface, Sand trap recommended. 3, Retaining walls must be double stacked guardrail or concrete wall at least 24. high from starting line to at least 1,000 past finish line, anclthe entire length of the shutdown area on the retum road side of the track. 4, Mus! have adequate staging lanes, 5, Crowd control feoce at least 4' high in any area spectators have access to pits, track or retum road. Spectator control fence must be at least 50' back from the track, from the 118 mile point through the entire length of the shutdown area, In the area between the bumout box and the 118 mile, 25' is the minimum. See insurance regulations, 6. Perimeter pij fencing is mandatory and is recommended that ij be used in conjunction with other control fences, This will facilitate a measure of safety for the fans and racers as well as their personal property. All concession stands and rest rooms must meet all local Health Department rules and be licensed by local Health Department. Racing surface must be reasonably smooth, Fifty pounds total fire fighting extinguishers on premises, Must have seating capacity of at least 500 seats with adequate par1<ing. Grandstands must be state approved, Must have pits to accommodate 100 'racing rigs, Must have timing tower, Minimum insurance requirerT!ent one million liability. These minimums are for nev.o tracK. construction. Some consideration will be accepted for existing tracks, Packet Page -774- 3/22/2011 Item 13.A.1. >- ~ ... r: It ~ 0 I : I ~ ;g ~ "" .r-- .... .... . ~ ~ I I o 0 -...- .r-- ~'l(~ 0: 0: ~ .. l:J .. .... ~ .... ~ .r-- ~ ~ , ! , ~ ~ , l! , .., r~" c: i ", OJ e c. ... ::J 0' '" >- tJ c: QI 0> 4" --. ... m QI e .., '" '.. .0 .... .J::. " '" c: .. ... ~ "I >- I .., I QI .... .. tI) 0: I 0: .... .. ... <( '" ' . " !; '... '" .. .., , , tI) ~ ., ..... I QI i :l ,I e" I [] L 'R~ Packet Page -775- 3/22/2011 Item 13.A.1. SECOND AMENDMENT TO LICENSE AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE REGIONAL RACEWAY. INC. WHEREAS, the Collier County Airport Authority ("'Authority") entered into a License Agreement with RTH Enterprises, Inc" a Florida Corporation, D/B/A Immokalee Regional Raceway ("IRR") for the temporary use of property within the Immokalee Regional Airport as an "IHRA Sanctioned Drag Racing Strip," hereinafter referred to as the "License Agreement." A copy of the License Agreement is attached hereto as Exhibit A; and WHEREAS, on March II, 2002, the Authority and IRR amended the License Agreement in order to, among other things, extend the expiration date of the License Agreement to March 3], 2007, A copy of this first amendment to the License Agreement is attached hereto as Exhibit B; and WHEREAS, since April 1,2007. the parties through their intent and conduct extended the License Agreement on a month-to-month basis, and IRR has continued its operations at the Immokalee Regional Airport pursuant to the tenl1S and conditions set forth in the License Agreement, as amended; and WHEREAS, the Authority and IRR desire to further amend the Licensc Agreement. NOW, THEREFORE, said License Agrecment is amended as follows: 1. Paragraph 10 is deleted in its entirety and is replaccd with a new paragraph (10) ten that rcads as follows: A, Commcrcial Operating Privilege Fec - Two Hundrcd ($200) per ycar. B. Advcrtising Fee - 50% of b'fOSS rcvenues dcrived from advel1ising concessions plus applicablc Florida taxcs, C, Deposit - $ 5,000, Authority shall rctain any interest accrued thereon, D, Land Lcase - Two Thousand Fivc Hundred ($2,500 per month), 2, Parab'faph 4 is delcted in ils cntirety and is rcplaced with a new parab'faph 4 that reads as follows: A, IRR will be penl1itted to opcrate the specitied uscs in said opcrational arca at the Immokalcc Rcgional Airport on a month-to-month basis effcctive April I, 20 II, The License Ab'feement and the IRR occupancy of the leased arca shall always bc at no cost to the Authority, B, This Ab'fccment may be tenl1inatcd with or without cause upon thirty (30) days written notice by either pm1y to the othcr without liability by either party, Should the Authority exercise this right. Tenant will be given six (6) months to vacate the premises and rcmove all of its improvemcnts and tixturcs, Packet Page -776, 3/22/2011 Item B.A.1. 3. All other terms and conditions of the License Agreement, as amended, remain in full force and effect. IN WITNESS THEREOF, the parties hereto have signed this Second Amendment to License Agreement on this the day of ,201 I, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, IN ITS CAPACITY AS THE COLLIER COUNTY AIRPORT AUTHORITY By: , Deputy Clerk BY: FRED W, COYLE, Chainnan RTH ENTERPRISES INC., A FLORIDA CORPORATION, D/B/A Immokalee Regional Raceway By: Attest: Corporate Secretary Print Name Approved as to form and legal sufficiency: Jeffrey A, Klatzkow County Attomey 2 Packet Page -777- --- -- 3/22/2011 Item B.A.1. Attachment B '- FIRST AMENDMENT TO LICENSING AGREEMENT BETWEEN COLLIER COUNTY AIRPORT AUTHORITY AND IMMOKALEE REGIONAL RACEWAY. INC. WHEREAS, the Collier County Airport Authority ("Authority") has an agreement with RTH Enterprises. Inc" a Florida Corporation, D/B/A Immokalee Regional Raceway ("IRR") dated April!, !999 hereinafter referred to as the "Base Agreement", NOW, THEREFORE, said Licensing Agreement is amcnded as follows: I. Paragraph (10) ten is deleted in its entirety and is replaced with a new paragraph (10) ten that reads as follows: A, Commercial Operating Privilege Fee - Two Hundred ($200) per year, B. Commercial Activities Fee - $ 2,750 per month, plus applicable Florida taxes, C. Advertising Fee - 50% of gross revenues derived from advertising concessions plus applicable Florida taxes, D, Deposit - $ 5,000, Authority shall retain any interest accrued thereon, 2, Delete paragraph (4) four in its entirety and replace it with the new paragraph (4) four that reads as follows; A, IRR will be permitted to operate the specified uses in said operational area at the lmmokalee Regional Airport effective Aoril I. 2002 through March 31. 2007, '- B. This agreement may be terminated upon thirty (30) days written notice by either party to the other without liability by either party. This agreement and the IRR occupancy of said area shall always be at no cost to the Authority, 3. All other terms and conditions of the License Agreement remain in full force and effect. 4, IRR shall construct a temporary Lime Rock Road per exhibit B attached hereto and made a part hereof IN WITNESS THEREOF, the parties hereto have signed tbis first Amendment to License Agreement this 11 th day of March 2002, ATTESTj"1 /d Z-:' 01/{'l./ ohn H, Drury, A.A.E, Executive Director _~pjl~4:~{;1 Gail Hambnght /J COL:LIr~02TY AIRPORT AUTHORITY By; ~ Steve Price, Chairman Packet Page -778, ATTEST to Mr, Hester's Signature: Signed by Mr. Hester in the presence of: , ""'.) ( FIRirw~(s0f\""l\L ---- _"1,,<,,>.\ \\i okl KC' c-I>.J.ER Printffype Name -,--~ '--r /~~~ ; --rft:i'"' ~ Yiii:'NfL.cJ.,~r+ Printffype Name Approval as to form and legal sufficiency: \O,^-. p~ Thomas C. Palmer, Attorney for the Authority RTH Enterprises Inc., a Florida Corporation, D / A lrnmokalee i al Rae By: 2 Packet Page -779- 3/22/2011 Item B.A.1. (L.S.) . 3/22/2011lt--- em 13.A.1. <"'l'J)11"' ,,--' ~~.$~~'!. '~', ",' ,,Hlr'" . _.., ~ Pleascdetl 'h . " . t 1": " ,'...,a .,~' u; IftpportJO Land' ____ ,-~<'"rl~ i,.~'l '"';:" t1DllcJrctum ~ . _ ~. 't,..:;11 \., ~ ::' ':_, \\lth\'oUI po . Monthly A >,' vlOOnt , >,' .\1' - _ ".: :.:;: ':,,;(;'.~;f" "", . . "\~' 'I ,:. :.'. 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"0 ij >- I- <2 o 1= ;:> < ~ o ~ :;: o u ~ w :; ..J o U w J;:u. >-0 oa: >-w ,..0 ...a: 0..0 . rtJ a: :5 ...J 8 " > <i: t. <i: il -a c " ::t: " en "0 ~ " o !:': " c o ~ <2 o ::t: 5 < ~ 0", ~Q:!; -..J- <-... 0<'" U"'..J Z"- "'<vi f:::::;:w ..J ...J ..J"'~ 8~z o ::l: w ::l: I ~ ~ (Y') (Y') rl ~ 3: w o C II: .... C Z o ffi ~ II: W ;: W 0 .... :t C I- " ;:> o < :Ii ;! l;: i ~ . :( <> 0 ~_ i!: U 1>;= '" I- I'!l W w Ul :; iE ..J a. 0 ffi U >- Z W ~ II: 5~~ ~on on "'''' .. '0 '0 .. - - -- g I go ;::; ~ .c UNU o~ '" "", ",., ij": "ii I'!l ....N 5"': <'" '" "ii'O cOO: 'Oil 'c o . 3/22/2011 Item B.A.1. " J - .~ /' ~~ --:::.-. y ~2> ~ ~~? .~ h :p~ '" :5 <::' ~~ Packet Page -782- N ... vi '" ~ " ~ '" ~ w > ~ "ll I- ~ '" u "- , , . . 3/22/2011 Item 13.A.1. Collier County Airport Authority Collier County AiflJOrI Authority 2005 Mainsail Or, Suite J Napl.., FL 34114 Credit Memo '. ',:>i:)ATS::'~ ";-:I',;CR~*,i" 07113/2009 i 17280 (239)642-7878x36 debimueller@colliergov.nct Ralph Hester Immokalce Regional Raceway PO Box 2023 Immokalee. FL 34143 , , .:~(fn};F~ . Land Leue if r:f<lHff~i~IPi'1iJnqgy~.IJri~fk.~.lJ l'" _~';:;'?' ,~t;. ;'\' \,"tl ~"i'~'1~'IiI '::fi'''~'' """ ...; "~"";' ,.1';'/1~, ll~ "~~' ,'. ",:~n e':-"1~~;~??~~~5'" ~ij' . ~~;~~~~'}J;:l:~ , 'J..; Jt\:t!H"" 'j<\H~L!~l,':{r .::'~~:!fr-;,'\~ ;~t=' \.;.~.:.: " !. ~:,,:' ,:.,,. ',':~."J.";:l:. if ~.~,..~ :':(~!Mm1.,J.t 2,750,00 2,750,ooT , ~ <, ~ . SUBTOTAl TAX (6%) $2,750,00 $]65,00 Packet Page ,783- . . . . 3/22/2011 Item 13.A.L Collier County Airport Authority Collier County Airport AU1bority 2005 Mainsail Dr, Sui'e I Naples, FL 34114 (239)642-7878><36 debimueller@collicrgov.net 0711312009 07/2312009 Il.alph Hesler Immukalee Regional Raceway PO Box 2023 Immokalee, FL 34143 ~ X J>1("..!IM' d~'1'\l:h If'P ,~nlOn alid fl;turn \qth YOU! pa~,"mCl.'1t >< $1.188,28 Packet Page ,784-