Agenda 04/12/2011 Item #16G4
Agenda Changes
Board of County Commissioners Meeting
April 12, 2011
MOVE ITEM 16G4 TO ITEM 13A: AND HAS BEEN
REQUESTED TO BE HEARD AT 11:30 A.M.:
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 COSTS THAT MAY
BE DUE AND OWING TO THE AIRPORT AUTHORITY.
(COMMISSIONER COLETTA'S REQUEST)
Continue Item 7A to the April 26, 2011 BCC MeetiDl! This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. DOA-PL2010-1052: Olde
Cypress Development, LTD &Vita Pima, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard
Yovanovich of Coleman, Yovanovich & Koester, P.A., request a change to the previously approved Olde Cypress
Development of Regional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). Proposed modifications
will add 63.9 acres into the DRI boundary, amend Map H, and remove the 3.9 acre park requirement to incorporate this
change. The subject property consisting of 602:i: acres is located in Sections 21 and 22, Range 48 South, Township 26 East,
Collier County, Florida. (Companion to POOZ-PL2010-1054 and POOA-PL2010-388) (Commissioner Henning's request)
Continue Item 8A to the April 26, 2011 BCC Meetinl! This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. POOZ-PL2010-1054: Vita
Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A., and Richard D. Yovanovich of
Coleman, Yovanovich & Koester, P.A., request a Rezone from the Residential Planned Unit Development (RPOO) zoning
district with a Special Treatment (ST) Overlay for a project known as HD Development RPOO, and the Agricultural (A)
zoning district, to the RPUD zoning district to allow development of a maximum 125 single-family residential units & 33
multi-family units and associated accessory uses. The 65.29:i: acre property is located along the north side of Immokalee
Road (CR 846) approximately 330 feet east of Olde Cypress Boulevard in Section 21, Township 48 South, Range 26 East,
Collier County, FL (Companion: DOA-PL2010-1052 & PUDA-PL2010-388) (Commissioner Henning's request)
Continue Item 8B to the April 26, 2011 BCC Meetinl!: This item requires ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required to be sworn in. POOA-PL2010-388, Olde
Cypress Development, LTD, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard Yovanovich, Esq. of
Coleman, Yovanovich & Koester, P.A., request a POO Amendment for the Olde Cypress POO. The POO Amendment
request is to reduce project density from 1,100 dwelling units to 942 dwelling units & remove requirements of trails and a
park (3.9 acres minimum) in the Olde Cypress PUDillRI. Subject property is located in the Olde Cypress subdivision,
Sections 21 & 22, Township 48 South, Range 26 East, Collier County, FL. (Companion: DOA-PL2010-1052, Olde Cypress
DRI & PUDZ-PL2010-1054, HD Development RPUD) (Commissioner Henning's request)
Withdraw Item lOG: Recommendation to approve a form Easement Agreement for use between Collier County and
Beachfront Property Owners requiring Property Owners to provide public beach access in exchange for publicly funded
major beach re-nourishment, vegetation planting and dune restoration to the subject property. (Staff's request)
Move Item 16A13 to 10J: Recommendation to enter into a contract for services for AIM Engineering to complete a
feasibility study with conceptual plans for pedestrian or bicycle facilities at the 1-75/Immokalee Road Interchange in the
amount up to $315,000 (FDOT Project #416237-1-38-01) (Commissioner Henning's request)
Continue Item 16C2 to the April 26, 2011 BCC Meetinl!: Recommendation to approve a Hazard Mitigation Grant Program
contract #l1HM-3E-09-21-01-026, with State of Florida Division of Emergency Management, in the amount of $240,000, to
apply towards costs associated with installation of 1,430 linear feet of six-inch High Density Polyethylene leachate pipe at the
Collier County Landfill & authorize corresponding budget amendments (Staff's request)
Move Item 16D9 to Item 101 (heard immediatelv followinl! Item 10E): Recommendation to approve & authorize the
Chairman to sign a Settlement Agreement & Mutual Release with Johnson Engineering for the total value of $134,000 to
resolve any and all claims and issues associated with the Goodland Boat Park and approve and authorize the Chairman to
sign award of Contract #09-5262-S to Johnson Engineering for Engineering Services for Collier County. (Staff's request)
Move Item 16H4 to Item 9H: Commissioner Henning requests Board approval for reimbursement regarding attendance at
a function serving a Valid Public Purpose. Attended Chabad of Naples Annual Benefit Evening & Gala April 10, 2011 at
the Ritz-Carlton in Naples, FL $150 paid from Commissioner Henning's travel budget (Commissioner Henning's request)
Continue Item 16K3 to April 26, 2011 BCC Meetinl!: Recommendation to authorize the County Attorney to file a lawsuit
on behalf of the Collier County Board of County Commissioners, against SURETY CONSTRUCTION COMPANY, in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the
County, as a result of contracted work, for the repair to the Pollution Control Laboratory in Building "H", 3rd Floor, in the
amount of $99,492.99, plus costs of litigation, including reasonable attorneys fees. (County Attorney Staff's request)
Note:
Item 16A7: Section III, page 4 ofthe Addendum shall be revised to state, in part".. unless either party provides the other
with at least sixty (60) days notice of non-renewal" rather than one hundred and eighty (180) days. (This change is for
consistency with the original agreement and to promote ease in tracking by staff.) (Staff's request)
Time Certain Items:
Item 9G to be heard at 11:00 a.m.
Item 13A to be heard at 11 :30 a.m.
Item 8C to be heard at 1 :00 p.m.
4/12/2011 Item 16.GA.
EXEcunVE SUMMARY
Recommendation to authorize the County Attomey to take all necessary action, including filing a
lawsuit, to evict Gregory Shepard from his 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 Gregory Shepard from the Immokalee Airpol1 and collect any holdover rent,
damages, and costs that may be due and owing to the Airport Authoriry.
CONSIDERA nONS: On July 17, 1984, Airworks Enterprises of Florida, Inc. and Collier County
entered into a Sublease and License Agreement for the use of hangar space at the Immokalee Regional
Airport. The Sublease and License Agreement was i1rst amended on August I, 2002, and was amended
again on April 14,2003. On December 12, 2005, Airworks Enterprises of Florida, Inc. assigned its
interest in the Sublease and License Agreement, as amended, to Gregory Shepard. The Sublease and
License Agreement, as amended, expired on December 3 I, 2010.
r
The Executive Director of the Collier County Airport Authority, Chris Curry, has extended the lease for
the months of January and February 2011, to allow Mr. Shepard unimpeded access to his leased area and
to allow time to negotiate a new lease. By letter dated March 1. 2011 from Mr. Curry to Mr. Shepard,
Mr. Shepard was informed he was not allowed to operate at the Airport without a Board approved lease
and that he would now be treated as a holdover tenant. Mr. Shepard is current in his lease payments. Mr.
Curry's letter is attached as backup to this agenda item.
Efforts to negotiate a new lease that brings Mr. Shepard's payments to fair market value and relocates his
leased arcas have been unsuccessful.
LEGAL CONSIDERA nONS: If Gregory Shepard does not voluntarily vacate the property, an
eviction is necessary to lawfully remove Gregory Shepard from the property. (STW)
FISCAL IMPACT: The filing fee for an eviction action in County Court is approximately $]85.
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 lMI'ACT: None.
RECOMMENDATION: That the Board 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 to pursue any holdover rent, damages, and costs that may be due and owing to the Airp011
Authority.
PREPARED BY:
Steven T. Williams. Assistant County Attorney
~-'"
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4/12/2011 Item 16.G.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.4.
Item Summary: 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 to pursue any holdover rent, damages, and costs that may be
due and owing to the Airport Authority.
Meeting Date: 4/12/2011
Prepared By
Name: BrueggernanDebra
Title: Operations Coordinator, Airport Authority
3/31/2011 5:1 I :04 PM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
3/31/20115:11:05 PM
Approved By
Name: CurryChris
Title: Executive Director - Airport Authority,Airport Authority
Date: 4/4/2011 8:51:23 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/4/2011 10:38:31 AM
Name: GreenwaldRandy
Title: ManagementJBudget Analyst,Office of Management & B
Date: 4/4/20 II 11 :46: 18 AM
Name: OchsLeo
Title: County Manager
Date: 4/412011 2:40:46 PM
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4/12/2011 Item 16.G.4.
Packet Page -2316-
4/12/2011 Item 16.GA.
Date:
FIFTEEN-DAY NOTICE TO PAY RENT AND GIVE POSSESSION
To: GREGORY SHEPARD
2243 PECK STREET
FT. MYERS, FLORIDA, 33901
Dear Sir:
You are hereby notified that you are a holdover tenant in
possession of the premises attached in Exhibit "A" without the consent of
the Owner as a result of the written Lease's expiration on December 31,
2010, in Collier County, Florida, now occupied by you, and that this is
demand for payment of double rents and possession of said premises
within fifteen (15) days (except Saturdays, Sundays and legal holidays)
from the date of delivery of this notice, to-wit: On or before the
of .2011.
If legal action is initiated against you, you may be held liable for
attorney's fees, court costs and double rents.
r f the owner re-enters the demised premises, such re-entry is to
mitigate damages. Such re-entry shall neither constitute a rescission of the
lease nor an acceptance or surrender of the leasehold estate.
This notice is given to you pursuant to Section 83.20, Florida
Statutes.
By:
Chris Curry, Executive Director
Collier County Airport Authority
c:
( ) Posted on front door of demised premises on thc day of
___ ,20011 as the Tenant was abscnt.
e ) Delivered to , at the demised premises, on the
day of 2011.
( ) VIA CERTIFIED MAIL -
The statute requires that the notice be served on the tenant by actual delivery, or if
the tenant is absent from the premises, by leaving a copy at the premises. Before serving
the notice, however, the lease must be reviewed to determine whether any special notice
provisions are contained within it. Copies of the three-day notice to quit should be
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4/12/2011 Item 16.G.4.
provided to all of those specified within the lease document. Additionally, although not
specifically required by the statute, the notice should be delivered by certified mail,
return receipt requested. If the notices are hand-delivered, the individuals making
delivery should prepare and sign an atlidavit similar to that completed by process servers.
As a result, you will be able to prove delivery of the three-day notice to quit.
If the tenant fails to respond to the notice within the requisite time, a complaint
may be filed "stating the facts which authorize the removal of the tenant" and seeking
summary procedure. Florida Statute g83.2\. A proposed complaint is set forth.
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4/12/2011 Item 16.G.4.
IN THE COUNTY COURT IN AND FOR
COLLIER COUNTY, FLORlDA
COLLIER COUNTY
AIRPORT AUTHORITY,
Plaintiff,
CASE NO.
vs.
GREGORY SHEPARD,
Defendant.
/
COMPLAINT FOR
EVICTION AND UNPAID RENT
COUNT I:
Plaintiff sues the Defendant(s) and alleges:
1. This is an action to evict a tenant from real property located in Collier County,
Florida.
2. Plaintiff owns the real property which is described in the lease and its two
subsequent amendments attached hereto as Composite Exhibit "A" and incorporated and
referenced herein, and said real property is located at the Immokalee Regional Airport in
Collier County, Florida.
3. Defendant, GREGORY SHEPARD, has possession of said real property under a
written assignment to him dated Decembcr 12, 2005, a copy of which is attached hereto
as Exhibit "B".
4. Defendant has failed to vacate the premises subsequent to the termination of the
written Lease between the parties on December 31, 2010. Plaintiff has granted Defendant
additional written extensions in letter form of the lease for January and February of 201 I
to attempt to negotiate a new Lease. Those negotiations have failed and Defendant has
refused to vacate the leased premises. A fit1een-day notice to pay rent or deliver
possession and terminating the tenancy pursuant to Florida Statutes Chapter 83 was
furnished to the Defendant, but Defendant has refused to deliver possession. A copy of
said notice is attached hereto and incorporated by referenced herein as Exhibit "C."
5. The Plaintiff has elected to recover possession of the property because of the
expiration of the written Lease between the parties on December 31, 2010, and seeks
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4/12/2011 Item 16.G.4.
summary procedure as allowed by Florida Statutcs Section 51.011 and which is
specifically allowed in the Florida Statutes Section 83.21.
6. Plaintiff is entitled to statutory and contractual attorney's fees and court costs in
this matter.
7. Plaintiff is entitled to double rents for March and April of 20 11, as Defendant has
been present contrary to Plaintiffs Notice of March 1, 2011 (Exhibit "D") pursuant to F1.
St. 83.06.
WHEREFORE, Plaintiff demands a judgment for possession of the property, double rents
for the months of March and April of 2011, plus all court costs and a reasonable
attorney's fee.
DATED this _day of
,201 I.
Steven T. Williams, #740101
Assistant County Attorney
Collier County, Florida
3299 Tamiami Trail East, Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
Facsimile: (239) 252-6300
ll-APA.OOJ 51/4
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AIRWORK ENTERPRISES
SUBLEASE AND LICENSE AGREEMENT
IMMOKALEE REGIONAL AIRPORT
FOR THE FOLLOWING COMMERCIAL AERONAUTICAL ACTIVITIES:
CROP DUSTING
AIRCRAFT MAINTENANCE
FIRE FIGHTING PATROL
GLIDER OPERATIONS
AIRCRAFT SALES
AIRCRAFT RESTORATION
Revised: 7/14/94
Ii
EXHIBIT
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XVII I
XIX
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XXIV
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XXXI
ITEM
TERM OF LICENSE
PREMISES AND PRIVILEGES
RENT AND FEES
SUBLEASED PREMISES
OBLIGATIONS OF LICENSOR
OBLIGATIONS OF SUBLICENSEE
SUBLICENSEE'S IMPROVEMENTS
MAINTENANCE
ASSIGNMENT AND SUB-SUBLETTING
SURRENDER OF PREMISES
INDEMNIFICATION AND INSURANCE
CONCESSIONS EXCLUDED
CONTRACTS TO OTHERS
VENDING MACHINES
TRADE FIXTURES
GOVERNMENT INCLUSION
RULES AND REGULATIONS
TITLE TO IMPROVEMENTS
EARLY TERMINATION AND RELETTING
NOTICE OF TERMINATION
NON-WAIVER OF RIGHTS
SURRENDER OF POSSESSION
INSPECTION OF PREMISES
HOLDING OVER
NO LIENS
HAZARDOUS SUBSTANCES
WAIVERS
AGENT FOR SERVICE OF PROCESS
WAIVER OF CLAIMS
HEADINGS
CONSTRUCTION AND SAVINGS
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Article XXXIV
CANCELLATION
33
THIS SUBLEASE AND LICENSE AGREEMENT, made this 1st day
of October, 1994 between COLLIER COUNTY AIRPORT AUTHORITY, a
public body established under County Ordinance 93-36, with
offices at 2800 N, Horseshoe Drive, Naples, Florida, 33942,
(hereinaft,er referred to as "LICENSOR" or "AUTHORITY") and
Airworks Enterprises of Florida, Inc., a corporation organized
and existing under the laws of the State of Florida, whose
address is P.O. Box 5100, Immokalee, Florida, 33934, and/or C.R.
846, Immokalee, Florida, 33934 ("SUBLICENSEE").
WIT N E SSE T H
WHEREAS, Licensor is responsible for operation and
maintenance of Immokalee Regional Airport, owned by and located
in the County of Collier, State of Florida, ("AIRPORT"), and
WHEREAS, Licensor leases the Airport from Collier County and
Licensor deems it advantageous to itself and to its operation of
the Airport to enter into this Sublease and License Agreement as
to certain land and other facilities described herein, together
with certain privileges and uses therein, as hereinafter set out,
and
WHEREAS, Sublicensee is a Florida Corporation engaged in
commercial aeronautical activities, and
WHEREAS, the parties hereto hereby enter into a Sublease for
certain specified Lands and Sublicensee Agreement for certain
privileges and uses upon such lands at the Airport, and
WHEREAS, Sublicensee has provided and currently provides
limited 1) Fueling Services; 2) Tiedown (Ramp) Services; 3) and
Hangar Rental services to others, and Licensor desires to
exclusively provide those three (3) services to others in the
near future,
It is specifically agreed by Sublicensee that the
continued providinq of said three servi r.pq hv .~"hl; r<O'r!Q=<=>> .;......
cease and automatically terminate upon 30 days' prior written
notice from Licensor to Sublicensee, all without objection from
Sublicensee or at any costs or expense to Licensor. Hanger
services are as specified herein at Article II, Section (B),
paragraphs 3 and 10, as well as all other provisions of this
Agreement.
NOW, THEREFORE, in consideration of the premises and the
mutual covenants and promises hereinafter contained, the parties
hereto hereby agree as follows:
ARTICLE I
TERM OF LICENSE
The term of this Agreement shall be for ten (10) years. Said
term and rent, fees and charges shall have an effective
commencement date of August 1, 1994 and a termination date of
July 31, 2004.
ARTICLE II
SUBLEASED PREMISES AND PRIVILEGES
A. Description of Subleased Premises
1. Licensor, in consideration of the compensations,
covenants, and provisions set forth herein to be kept and
performed by the Sublicensee, does hereby license to Sublicensee
to conduct only the specified Commercial Aeronautical Activities
on the parts of the airport that are specifically described in
Section B, "Privileges, Use, and Rights", and hereby subleases
unto Sublicensee upon the provisions hereinafter set forth, all
of which the Sublicensee accepts, the Subleased Premises
described on Exhibit "A" attached hereto and made a part hereof.
2. The Sublicensee may enjoy, along with the public, the
authorized use of a] 1 nllhl i r. Fl i ......nnr+-f':Z>,-. i "I i +-.j ,",<"" ............;1 -: __,______. _ n-L-
to be used by Sublicensee as specifically defined herein under
section B, "Privileges, Use, and Rights".
3. "Public Airport Facilities" includes all necessary landing
area appurtenances/ including, and not limited to, approach
areas, runways, taxiways, aprons/ aircraft, and automobile
parking areas, roadways, sidewalks, navigational and navigational
aids, lighting facilities, or other public things appurtenant to
said Airport for so long as they exist and are available to the
public.
4. The granting of the premises and this license and its
acceptance by Sublicensee is conditioned upon all of the
following:
(a) It is stipulated and agreed that no functional
alteration of the Subleased Premises (shown on Exhibit "A") or
change in any use of such premises, except as reflected in said
Exhibits "A", shall be made.
(b) The privilege to use said public Airport facilities
in common with others authorized to do so shall be exercised only
subject to and in accordance with the laws of the United States
of America, the State of Florida, County of Collier, and all
rules and regulations promulgated by their authority, and in
accordance with all applicable rules, regulations, and ordinances
of Licensor, now in force or hereafter prescribed or promulgated.
B. Privileqes. Uses and Riqhts
In addition to the general privileges and uses attaching to
the Subleased Premises herein, (as described) and without
limiting the generality thereof, only the following specific
privileges and uses are licensed to the Sublicensee:
1. License to conduct the following Commercial Aeronautical
Activities consistent with Authority adopted Minimum standards as
may be amended throughout the term of this Agreement:
a. Crop Dusting.
b. Aircraft Ma;nrpn~n~p.
e. Sale of Aircraft.
f. Aircraft Restoring.
G. Hanger Rental.
2. Bare license to conduct, on an interim basis, the
following Commercial Aeronautical Activities for a limited period
of time, which Sublicensee shall automatically terminate upon 30
days' written notice by Sublicensor to Sublicensee:
a. The sale of aircraft fuel.
b. The rental of ramp space to others.
3. Consistent with the Authority's Leasing POlicy, the
rental of hangars to others is not permitted by Sublicensees,
however, a unique limited exception is made in this Agreement.
Sublicensee is "Grandfathered" and permitted to rent up to five
(5) aircraft hangar spaces within hangars A, B, and future hangar
C as shown on Exhibit "A" for a total maximum of fifteen (15)
hangar spaces permitted under this agreement.
4. Sublicensee may be permitted to operate a Fuel Farm
and/or Chemical Facility subject to and only after entering into
separate "Operating Agreements" with the Authority covering such
activity and operations, which agreement is subject to this
\
Agreement.
5. The use, in common with other duly authorized users, of
the common areas (as the same now exist or may hereafter be
relocated, contracted, or extended) of the Airport, consisting of
roadways, runways, taxiways, all aids of air navigation for the
Airport, and all public areas (limited public forums) of the
Airport.
6. The privilege of ingress to and egress from the Subleased
Premises, over Airport roadways, including the use of common use
roadways, subject to general law and such rules and regulations
as may be established by Licensor.
lawful commercial aviation activities authorized by the
Agreement.
8. The operation and maintenance of facilities and
improvements upon the Subleased Premises, for the purpose of
carrying out any or all of the activities authorized herein;
subject, to all provisions of this Agreement.
9, The right to install and operate appropriate identifying
signs on the Subleased Premises provided that plans for the type,
size, design, color, fabrication, location and operation of any
such signs shall have been submitted to and expressly approved in
writing by Licensor prior to installation of any sign.
10. With reference to hangars A, B, and C as shown in Exhibit
"A", said hangars are to be used for storage and/or maintenance
of aircraft with the bare license hereby being granted to the
Sublicensee to let to renters the hangar units.
The renting of
hangars shall cease and terminate upon the termination of this
Sublease or transfer of a majority of stockholdership from Ken
Rutter to any other person, persons (except his Wife, children
and/or Grandchildren, or any combination thereof), firm or
corporation, at such time hangar use by SUblicensee shall be
limited to SUblicensee's own aircraft only and/or aircraft
actively being maintained by Sublicensee in accordance with
Sublicensee's aircraft maintenance business, and then in no event
shall any aircraft not owned by Sublicensee be permitted in any
such hangar for more than 45 days.
11. with reference to tie downs (Ramp Services), the
Sublicensee is hereby granted a bare license to rent same to
others on an interim temporary basis. The renting of tie downs
(Ramp Space) shall cease and terminate upon 30 days' written
notice by Licensor to SUblicensee, at which time said tie downs
(Ramp Space) shall thereafter be limited for use by Sublicensee's
own aircraft only and/or aircraft being actively maintained by
SUblicensee in acc::nrn:=lnrp '.7; t-h C::llhl ~ ,...........-.,.....___......,.... 1\ ~ ~____ &.J.. "L ~_
remain on Sublicensee's tie-down (ramp) area for more than 45
days.
12. With reference to aviation fuel, Sublicensee shall be
permitted to sell aviation fuel on an interim temporary basis.
Providing aviation fuel sales shall cease and terminate upon 30
days' written notice by Licensor to Sublicensee, at such time
fueling operations shall be limited to Licensee's own aircraft
only. The dispensing of fuel shall be subject to an agreement
for the operation of a Fuel Farm that is expressly approved and
executed by the parties hereto. The full execution of said
"agreement for the operation of a Fuel Farm" is a prerequisite
for engaging in fueling operations.
13. with reference to cropdusting, Sublicensee shall be
permitted to operate a chemical farm and dispense appropriate
chemicals into Sublicensee's own aircraft subject to an agreement
for the operation of a chemical farm. The full execution of said
"Agreement" for the operation of a chemical farm is a
prerequisite for engaging in chemical farm operations.
C. Minimum General Aviation Commercial Services To Be
Provided By Sublicensee:
As part of the consideration hereunder, Sublicensee shall
provide, at a minimum, the following services:
1. Maintenance service to aircraft and aircraft accessories
with a qualified airframe and power plant mechanic on duty eight
(8) hours a day, five (5) days a week, except official holidays.
2. Maintenance of adequate inventory of the necessary
aircraft parts and accessories to maintain, repair, and service
general aviation aircraft.
ARTICLE III
RENT AND FEES
A. Sublicensee shall pay to Licensor the followina
A. crop Dusting - $25.00
11"
B. Aircraft Maintenance - $25.00
~.t;D
rg..
f'\lo V
0. /\ 1~
. \' ~
+- ~\.
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c. Fire Fighting Patrol - $25.00
..-f)-;-GJ,-i€!<;r'"-flper--a-t1:o'n s- - -=:;;2'5";-fr()
'E--;- A-i'r-era-f-e-sal-e-s'~~e-5-.,Q.o_E.e:!:-Ai_~Graf:.t.._S.ol d- "
F. Aircraft Restora~~:~ $~.680 10
G. Hangar Rental - r.001-($25.00 per unit xr units))
A Minimum Annual Sublease rental fee of $2.275.50 based
2.
on $.015 per square foot for 148,500 square feet of the Subleased
Premises as shown on Exhibit A, attached hereto and made a part
hereof.
B. Without waiving any other remedy available to Licensor in
the event of default in payment of fees or rent hereunder, if the
Sublicensee is delinquent for a period of thirty (30) days or
more in paying to Licensor any fee or rent payable to Licensor
pursuant to this Agreement, Sublicensee shall pay to Licensor
interest thereon at the rate of fifteen (15%) percent simple
interest per annum from the date such item was due and payable
until paid. This late payment fee in no way is a limiter on any
other remedy available to Licensor.
C. The payments from Sublicensee to Licensor on all of the
sums of money identified in paragraph A, above, shall be made as
follows:
1. Annual Commercial Operating Privilege Fees, on or before
August 1 of each year, as adjusted annually per paragraph G,
below.
2. Annual Sublease rent shall be paid in equal monthly
installments in advance without demand on the first day of each
month, as annually adjusted per paragraph H, below.
3. Payments of all rent and fees are to be paid in lawful
money of the United States of America.
E. Licensor may fully audit Sublicensee's books and records
and receipts at any time for t-hp nll"Y"hnC;:Q ,..,~ H"""'.....~ ;...:.........,
to herein, this Agreement may be terminated immediately
thereafter.
G. Adlustment of Annual Commercial Operatinq Privileqe Fees
All Privilege Fees shall be annually adjusted in accordance
with the Authority's Leasing Policy and it's annually adjusted
rates and charges provisions. When the Authority adjusts these
in January the Sublicensee is not expected to pay the adjustment
fees until the following August 1st.
H. Adlustment of Annual Rent
The annual sublease rent shall be annually adjusted in
accordance with the twelve (12) month percent change in the U.S.
Department of Labor Bureau of Labor Statistics (the month prior
to contract commencement date) report South Urban Size C Consumer
Price Index Urban Wage Earners (CPl-U) 1982-84 base. Said annual
adjustment shall be effective beginning August 1, 1994 and on the
anniversary date of every year throughout the term of this
Agreement, to be computed in accordance with the attached cpr
work sheet identified as Exhibit "B" attached hereto and made a
part hereof. Each annual adjustment must reflect either the then
current rental rate or the above referenced CPl-U percent change,
whichever is qreater. When revisions to the structure of the
reported cpr 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 option apply the revised
structure. The base index is Date September
1994. Sublicensee is responsib}e for payment consistent with
this paragraph without demand. Sixty days prior to the end of
the first five years, Licensor may at its option appraise the
land value consistent with the then established Leasing Policy
and apply the appraisal value, CPl, or then current rent,
whichever is greater, beginning August 1, 1999.
SUBLEASED PREMISES
A. Nothing in this Agreement shall be construed to grant or
authorize the granting of an exclusive right within the meaning
of Section 308 of the Federal Aviation Act, (1958).
B. The Licensee shall have the exclusive use, during the
term of this Agreement, of only that land area identified as the
Subleased Premises on Exhibit A, attached hereto and made a part
hereof.
ARTICLE V
OBLIGATIONS OF LICENSOR
Licensor Covenants and Agrees:
A. It has jurisdiction and control over the Sublicensed
Premises and full right and authority to license the same as
herein set forth, and that all things have happened and been done
to make its granting of said license effective, and Licensor
warrants to the Licensee peaceful possession and quiet enjoyment
of the Subleased Premises during the term hereof upon faithful
performance of Licensee's covenants herein.
B. That during the term hereof to operate and maintain the
Airport and its pUblic facilities as a public airport.
C. That it does not assume any responsibility for
maintenance, upkeep, or repair to keep the Subleased Premises in
a safe and serviceable condition, except to the extent, if any,
specifically provided for under this Agreement.
D. That it shall maintain electrical utility service to
those areas of the Airport not under sublease to Sublicensee
including, but not necessarily limited to, runway lights, runway
navigational lights, rotating beacon, windsock, and taxiway
lights.
OBLIGATIONS OF SUBLICENSEE
sublicensee Covenants and Agrees as follows:
A. The use and occupancy of the Subleased Premises by the
Sublicensee shall be without cost or expense to the Licensor.
Licensor is not obligated to furnish any utility services, such
as septic system, electricity, wastewater, water or gas to the
Sublicensee or any other person or entity. Sublicensee shall be
responsible for maintaining and furnishing water and all other
utility services to the Subleased Premises. Sublicensee shall
pay all charges for providing utility services and for any meters
for measuring such service. Sublicensee shall provide adequate
utility services to the Subleased Premises as determined by
Licensor. If it become necessary to make changes upon the
Subleased Premises, such as, for example, wiring or similar
installations, Sublicensee will promptly make such changes and
installations at its expense as directed and required by the
respective utility company and/or by the Authority.
B. Sublicensee shall at its own expense maintain the
improvements and appurtenances thereto in a presentable condition
consistent with good business practice, and will procure and keep
in force during the term of this Agreement all necessary
occupational licenses and permits as are required by law or
ordinance for the operation of each of Sublicensee's business
activities on the Subleased Premises.
C. Sublicensee shall cause to be removed at its own expense
from the Subleased Premises all waste, garbage and rubbish, and
shall not deposit same on any part of the Airport; except
SUblicensee may deposit same temporarily on the Subleased
Premises in connection with established collection or removal of
all such items.
D. Sublicensee shall save the Authority (Licensor) and
Collier County harmless from any and all costs or chara~~ rnr
operation and maintenance of the Subleased Premises.
E. Sublicensee shall maintain the Subleased Premises in an
attractive manner, keep said Premises mowed and groomed, and
shall not allow the accumulation of materials, parts, etc., on
such premises.
F. Sublicensee will not suffer or permit to be maintained
upon any improvements on the Subleased Premises any billboards or
signs except those which may be specifically approved in writing
by Licensor.
G. Sublicensee accepts the Subleased Premises "as is" in
their present condition and, without expense to Licensor, will
repair and maintain the Subleased Premises and installations
thereon and remove or cause to be removed debris from the
surrounding ground to the extent Licensor may require.
H. Sublicensee and its patrons, invitees, and all others
shall pay the field use charges as may be levied generally by the
Licensor directly upon the operation of aircraft, including fuel
flowage fees.
I. SUblicensee shall conduct its business in a proper and
first-class manner at all times and shall operate in harmony with
all others on the Airport and will at all times operate with
safety and with concern for others.
J. Sublicensee will at all times furnish good, courteous,
prompt, and efficient aviation commercial services that are fully
adequate to meet the reasonable demands for such services at the
Airport, and to furnish said services on a fair, equal, and
non-discriminatory basis to all customers thereof; Sublicensee
shall charge fair, reasonable and non-discriminatory rent and
prices for each unit of sale or service.
K. Sublicensee will pay rent and all other charges to the
Authority and to the County of Collier at such times and places
as the same are due and payable.
power, and sewerage service available to and/or consumed on the
Subleased Premises during the term of this Agreement, at the
regularly established rates as may change from time-to-time.
M. Sublicensee shall surrender the Subleased Premises upon
the expiration of this Agreement in the condition in which they
are required to be kept.
N. Sublicensee will observe and comply with any and all
requirements of the constituted public authorities and with all
federal, state, or local statutes, ordinances, rules,
regulations, and standards applicable to Licensee, including, but
not limited to, rules and regulations promulgated from
time-to-time by or at the direction of Licensor.
O. Sublicensee will pay all taxes assessed or imposed by any
governmental authority, including Collier county, upon the
Sublease or upon the building or other improvements erected or
installed on the Subleased Premises. Sublicensee may contest
such taxes; however and Sublicensee shall do all that is
necessary to prevent a tax lien or tax certificate from being
placed on the Subleased Premises or the leasehold estate during
such contest, or otherwise.
P. Sublicensee will comply with all laws of the United
States of America, of the State of Florida, of County of Collier,
including ordinances, zoning regulations and all other
requirements of the Authority/Licensor.
Q. Sublicensee shall use the Subleased Premises only for the
uses hereinbefore described in Article I, unless it receives
prior express written consent of Licensor to use the premises for
such other purpose(s), by amendment to this agreement.
R. Sublicensee shall allow Licensor free access to the
Subleased Premises at all reasonable times for the purpose of
examining same to investigate whether all provisions of this
Agreement are being done and performed by Sublicensee. Licensor
shall have the riGht to enter ?lilV n11; lrlinn nr <:::'+-,l1rd--11ro n.,..., +-h......
determination of an emergency shall be at the sole discretion of
Licensor.
S, At the termination of this Agreement by lapse of time or
otherwise, sublicensee shall yield up and surrender immediate
possession of the Subleased Premises to Licensor; upon failure to
do so Sublicensee shall thereafter automatically be a tenant at
sufferance. This Agreement shall not be construed as a waiver by
Licensor of any right of re-entry as has been hereinbefore
provided, nor shall the receipt of rent of any part of rent
and/or any other act(s) in apparent affirmance of the tenancy
operate as a waiver of Licensor's rights to declare this
Agreement terminated. The term hereby granted shall be at an end
for the period remaining still unexpired by reason of any
subsequent breach of any provision herein contained.
T. Licensor shall have a specific lien on all merchandise
and property of Sublicensee, including goods, chattels, fixtures,
inventory and equipment of Sublicensee brought upon the Subleased
Premises at any time. The lien shall be security for the payment
of rent and the performance of any obligation of Sublicensee,
which specific lien shall be in addition to any other landlord's
lien as is now or may hereafter provided for under the laws of
the State of Florida. Any such lien may be foreclosed in equity
in the same manner as a mortgage lien.
U. Sublicensee will not construct any building or structure
more than twenty (20) feet in height, or allow any object of
natural growth to exceed such a height.
In addition, Sublicensee
shall not otherwise be in violation of the height limitations or
restrictions now in effect or from time-to-time made and enacted
by Licensor, the United States of America, the State of Florida,
or the County of Collier. Sublicensee shall not allow any
installation or operation, including any electronic device, which
in any way interferes with the safe conduct of the flight of
aircraft at or near the Airbort.~ Sl.lhl i c:~n'='.pp e;:n;::t11 ",::::.1...0 .,......... "...........
determinations as to whether or not such interference does or
might exist in the use or occupation of the said Area at or near
the Airport.
V. The Subleased Premises are in a location near which
aircraft will operate at low altitudes. Sublicensee hereby
waives any claims, demands, losses, damages, liabilities, or
causes of action of every kind, character, or nature which it has
or may have against Licensor and/or Collier County by virtue of
said aircraft, flying over, landing or taking off from, or
otherwise using the Airport, including noise, vibration, fallout,
or other thing in connection therewith.
ARTICLE VII
SUBLICENSEE'S IMPROVEMENTS
A. Acceptance of Premises
SUblicensee accepts the Subleased Premises in their present
condition "as is" subject to and including all defects, latent
and patent, and, without expense to Licensor, shall repair and
maintain any installations thereon and remove or cause to be
removed any debris, buildings, or improvements to the extent
required for Sublicensee's use thereof or as otherwise required
by Licensor.
B. Existinq improvements include the followinq five
structures:
1. Five (5) unit T-hangars without doors (Hangar A)
2. Bulk storage hangar~~t~o~ doors (Hangar B)
3. Fuel Farm .
C-~~~~~;;~J~
5. Office Trailer
6. Future five (5) unit T-hangar without doors (Hangar C)
C. Minimum Improvements to be Made bv SUblicensee
sanitary conditions throughout the entire term of this agreement.
Construct five (5) unit T-hangars (Hangar C) within twelve months
from date of this Agreement or else all references in this
Agreement to (Hangar C) shall be terminated.
D. Alterations. Future Improvements, and Repairs
During the term hereof, Sublicensee shall have the right,
sUbject to approval of Licensor and Collier County permitting
procedures and process, to install or erect additional,
structural and other improvements on the Subleased Premises, or
to alter, change or make other improvements in the Subleased
premises; provided, however, that improvements do not conflict
with the current use and future development of the Airport and
that all such alterations or improvements shall be commenced only
after proper plans and specifications thereof have been submitted
to and approved in writing by Licensor and Collier County through
the permitting process, and Sublicensee has obtained a Collier
County Airport Authority authorization to commence work.
ARTICLE VIII
MAINTENANCE
A. This Agreement in every sense shall be without cost to
the Licensor for the development, maintenance and improvement of
the Subleased Premises or any part thereof. All improvements and
facilities placed thereon shall be maintained by Sublicensee at
no cost or expense to the Authority or Collier County.
B. All costs and expenses set forth in this section are
in addition to the rent and fees to be paid for the Subleased
Premises or any part thereof.
1. Sublicensee shall, without cost to Licensor, maintain the
Subleased Premises and every part thereof in good appearance,
repair, and safe condition, consistent with good business
practice.
Sublicensee shall renair all rl~m~np ~n ~hp ~"h'~~~o~
and shall maintain and repair all improvements thereon including
drainage installations, paving, curbs, islands, buildings and all
other improvements. All such maintenance, repairs, and
replacements shall be of quality equal to the original in
materials and workmanship, and all exterior paint colors shall be
submitted to and approved in writing by Licensor prior to
application.
2. Licensor shall be the sole judge of the quality of
maintenance. Licensor or its designee(s) may at any reasonable
times, without prior notice, enter upon and into the Subleased
Premises and any part thereof to determine if maintenance is
satisfactory to Licensor. If it is decided by Licensor's
designee that maintenance is not satisfactory, Licensor shall
notify Sublicensee in writing of the required changes and/or
corrections. If said required changes and/or corrections are not
performed by Sublicensee within fifteen (15) days or other longer
specified time after receipt of written notice, Licensor or its
agents may perform such maintenance, and Sublicensee agrees to
promptly reimburse Licensor for the cost thereof, plus an
additional ten percent (10%) thereof to pay for administrative
overhead.
ARTICLE IX
ASSIGNMENT AND SUBLETTING
The operations of the Sublicensee hereunder are in the
performance of functions which are in the public interest and in
furtherance of general aviation activities at the Airport.
Licensor is endeavoring to provide to the public the highest
possible level of general aviation services and facilities. It
is, therefore, necessary that Sublicensee's operations be subject
to continuing scrutiny by Licensor, and that SUblicensee always
operate at the Airport in a busineSSlike fnRhinn. pffiri~nrl" ~n~
shall apply:
A. Licensor retains total control and sole discretion over
any assignment or any method of changing or delivering to others
any of the functions to be performed by Sublicensee hereunder,
and any such assignment must have prior specific written approval
of Licensor.
B. Sublicensee may not sell, assign or transfer this
Agreement or any part hereof. Any attempts to do so shall be
void. Licensor must approve in writing the managing officers and
the chief executive officers of the Sublicensee. No voting stock
of the Sublicensee can be assigned to any person or persons, firm
or corporation, without the express prior written consent and
approval of the Licensor, which consent shall not be unreasonably
withheld. At all times during this Agreement Ken Rutter shall
own not less than fifty-one (51%) percent of the numerical
financial interest in all assets of the Sublicensee'S corporation
and/or controlling interest herein.
C. Licensor has the right to review and approve the manager
who runs the day-to-day operations of the facilities of the
Sublicensee. If Licensor becomes dissatisfied with said
manager's performance, Licensor shall so notify Sublicensee in
writing and Sublicensee shall remedy any problems identified by
Licensor, including but not limited to possible replacement of
said manager with a new manager acceptable to Licensor within
thirty (30) days of notification of dissatisfaction of said
manager's performance.
D. SUblicensee may SUb-sublease part of the premises or
improvements thereon, but any such sub-sublease must be approved
first by Licensor and may only be for specifically approved
airport purposes allowed in the sublease approval process or any
aviation business so approved and in connection with aviation
uses being conducted on the Subleased Premises by Sublicensee.
No sub-sublease shall in anv w;:}v PYl1;:'1nn ;:n"'lu 11<:","",
SURRENDER OF PREMISES
A. In the event that under the laws of the United states
and/or the state of Florida, the interest of the Licensor in the
Subleased Premises shall cease, Licensor shall not be liable for
any damage whatsoever to the Sublicensee beyond the amount of
rent reserved in this Agreement for the period of time that the
Sublicensee shall be deprived of the use and occupancy of the
Subleased Premises; moreover Licensor shall not incur any
liability by reason of the happening of any such event beyond the
loss of rent while the Sublicensee is deprived of the use and
occupancy of the Subleased Premises or any part thereof.
B. The Subleased Premises shall be vacated, surrendered up
and delivered to the Licensor at the expiration of the term of
this Agreement, or at any other date that the Agreement may be
terminated by reason of any provision of this Agreement or
otherwise, in good condition, and in the same state of repair and
condition of the buildings at the original commencement date of
the first (original) lease between Sublicensee and the County of
Collier.
ARTICLE XI
INDEMNIFICATION AND INSURANCE
A. Sublicensee agrees to indemnify fully and save and hold
harmless Collier County, Licensor, and their officers, agents,
and employees from and against all losses, damages, claims,
liabilities, and causes of action of every kind or character and
nature as well as costs and fees, including reasonable attorney's
fees connected therewith including any and all appeals, and the
expense of the investigation thereof, based upon or arising out
of damages or injuries to any and all third persons or their
propertv. Licensor ~nPlll rll "0 ~l~'hl i roO......C'r'\r'\ .............................. _ _ -;J __ _ _ __ _ __ _'
to investigate, compromise, and defend the same to the extent of
its own interest.
B. During the life of the Agreement, Sublicensee shall
provide, pay for, and maintain, with companies satisfactory to
the Licensor, the types of insurance described herein. All
insurance shall be from responsible companies duly authorized to
conduct said insurance in the State of Florida and/or responsible
risk retention group insurance companies registered with the
State of Florida. All liability policies shall provide that
Licensor and the County of Collier as additional insureds as to
the operations of the Sublicensee under this Agreement and shall
also provide the Severability of Interest Provision. Prior to
execution of this Agreement by Licensor, the insurance coverages
and limits required must be evidenced by properly executed
Certificates of Insurance on the forms which are deemed
acceptable by Licensor. The Certificate must be personally and
manually signed by the authorized representative of the insurance
company shown in the Certificate with proof that he/she is an
authorized to execute same.
In addition, certified, true, and
exact copies of all required insurance policies shall be provided
to Licensor on a timely basis, if required by Licensor.
Thirty
(30) days' written notice by registered or certified mail shall
be given to the Authority's/Licensor's Executive Director of any
cancellation, intent not to renew, or reduction in the policy's
coverages, except in the application of the Aggregate Limits
Provisions. In event of any reduction of any Aggregate Limit,
Sublicensee shall immediately take whatever steps are needed to
have the prior aggregate limit reinstated. All insurance
coverages of Sublicensee shall be primary to any insurance or
self-insurance program carried by the Licensor of the County of
Collier. The acceptance of and delivery to Licensor of any
Certificate of Insurance evidencing the insurance coverages and
limits required in the Aqreement does not r.on~t-it-l1t-t::> rlny,,..-,...,u::al ......,....
Insurance are in compliance with these requirements. No
operations shall commence at the si~e unless and until the
required Certificates of Insurance under this Agreement are in
effect and are physically delivered and approved by the
Authority. The insurance coverages and limits required of the
Sublicensee under this Agreement are designed to meet the minimum
requirements of Licensor. The insurance coverage and limits
required of Sublicensee under this Agreement are designed to meet
the minimum requirements of the Authority. They are not designed
as a recommended insurance program for the Sublicensee. The
Sublicensee alone shall be responsible for the sufficiency of its
own insurance program. Should the Sublicensee have any questions
concerning its exposures to loss under this Agreement or the
possible insurance coverages needed therefore, it should seek
professional assistance. If any general liability insurance
policy required herein is to be issued or renewed on a "claims
made" basis or form, as distinguished from a "occurrence" basis
or form, the retroactive date for coverage shall be no later than
the initial commencement date of this Agreement and shall provide
that in the event of cancellation or non-renewal, the discovery
period for insurance claims (tail coverage) shall be unlimited.
Sublicensee, without expense to Licensor, shall obtain and cause
to be kept in force at all times during the term of this
Agreement liability insurance issued by a company or companies
acceptable to Licensor for the following types and minimum
amounts of coverage:
1. Workers' Compensation and Emolovees' Liabilitv Insurance
shall be maintained by the Sublicensee for all employees
in accordance with the laws of the State of Florida.
The limits of coverage shall not be less than:
Workers' Compensation - Florida Statutory Requirements,
$500,000 Limit Disease Aggregate.
$100,000 Limit Disease Each
EmployeE>.
2. Aircraft Liability Insurance
Bodily Injury and Property Damage Liability _
$500,000 Combined SinglE>
Limit Each Occurrence.
3. General Liabilitv Insurance shall always be maintained
by the Sublicensee to cover its operations under this Agreement,
including, but not limited to, personal injury, contractual for
this contract, and broad form property damage coverage. The
limit of coverage shall not be less than:
Bodily Injury and Property Damage Liability _
$1,000,000 Combined Single Limit
Each Occurrence.
4. Automobile Liabilitv Insurance shall be maintained by the
Sublicensee as to the ownership, maintenance, and use of all
owned, non-owned, leased, or hired vehicles with limits of not
less than:
Bodily Injury and Property Damage Liability _
$1,000,000 Combined Single Limit
Each Occurrence.
5. Hanaarkeeper's Leaal Liabilitv Insurance shall be
maintained by the Sublicensee with a limit of not less than:
$100,000 Limit Each Aircraft.
$200,000 Limit Each Occurrence
All Aircraft.
6. Pollution Liability Insurance
$1,000,000 Combined Single Limit
Each Occurrence,
C. The above insurance, other than Workers, Compensation and
Employers' Liability Insurance, shall exclude Licensor's
Insurance and insurance of the ~()llnrv nf r'r-"lll;,o."Y" C'}.,~11 ..............1....:J......
Agreement. The naming of the Licensor and the County of Collier
as additional insureds in such policies of liability insurance
shall not thereby cause the Licensor or the County of Collier to
be deemed a partner or joint venturer with the Sublicensee
regarding its business conducted on the Airport or otherwise.
D. Said policies of insurance shall be performable in
Collier County, Florida, and shall be construed in accordance
with the laws of the State of Florida.
ARTICLE XII
CONCESSIONS EXCLUDED
It is specifically agreed and stipulated that the following
concessions and the establishment thereof are excluded from this
Agreement, to-wit:
1. Food sales.
2. News and sundry sales.
3. Advertising concessions.
4. Car rental.
5. Sale of non-aviation products.
6. Provision or supply of any other product or service
not specifically identified as authorized in this
agreement.
ARTICLE XIII
CONTRACTS TO OTHERS
There is no restriction or limitation on Licensor's
SUbleasing or renting of land and/or hangars for aviation
purposes or for industrial operations on terms different from
those set forth herein. Licensor may also sublease or rent land,
buildings and other improvements to other persons, firms,
corporations, partnerships or other entities conrl\lr.~inn
instrument shops, propeller shops, engine overhaul shops, paint
shops, aircraft maintenance, fire fighting control, glider
operations, aircraft restoring, sale of aircraft and/or
associated hangars, and any other use authorized to Sublicensee
by this Agreement and as may be amended hereafter.
ARTICLE XIV
VENDING MACHINES
Prior written approval from Licensor is required before
Sublicensee is permitted to furnish and operate vending machines.
Licensor has the right to control the scope, extent, duration,
(but not location) of any such machines if approval is given.
ARTICLE XV
TRADE FIXTURES
Sublicensee shall, without cost to Licensor, furnish and
install all furniture, fixtures, draperies and equipment
necessary to conduct its operation in a reasonable manner; the
same are referred to herein as "Trade Fixtures". All Trade
Fixtures shall be of high quality, safe, fire resistant, and
attractive in appearance and may require specific written
approval of the Licensor prior to installation, which written
approval shall not be unreasonably withheld.
Sublicensee shall
have the right to grant security interests, liens or encumbrances
against the said Trade Fixtures as needed to purchase same.
ARTICLE XVI
GOVERNMENT INCLUSION
A. The Subleased Premises and the Airport are subject to the
terms of those certain Assurances made to r.np l':n"'C>Y''\..y,.,..,=....+- ,..,~ ~l-.~
between Licensor and the United States of America, Licensor has
no reason to believe that any provision of this Agreement
violates any of the provisions of such Assurance Agreements.
B. Nothing contained in this Agreement is intended to or
shall be construed to grant or authorize the granting of an
exclusive right within the meaning of Section 308 of the Federal
Aviation Act of 1958.
C. It is further covenanted and agreed that Licensor
reserves the right to further develop and/or improve the Airport
and all landing areas and taxiways as it may see fit, regardless
of the desires or views of the Sublicensee and without
interference or hindrance; provided, however, that such
development or improvement does not unreasonably adversely affect
Sublicensee's use and occupancy of the subleased Premises under
this Agreement.
D. This Agreement is and shall be subordinate to the
provisions of any existing or future agreement between Licensor
Collier County and/or the United States of America, its Boards,
Agencies, or Commissions relative to the operations 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 on the development of the Airport or otherwise, and
this Agreement is and will probably always be subordinate to the
license or permit of entry which may be granted by the Secretary
of Defense of the United States.
E. Sublicensee for itself, its successors and assigns, as a
part of the consideration hereof, does hereby covenant and agree,
as a covenant running with the land, that (1) no person on the
grounds of race, color, sex or national origin shall be excluded
from participation in, denied the benefits of, or otherwise be
subjected to discrimination in the use of the Subleased Premises,
that (2) in the construction of any improvements on, OVer or
under said Premises and the furnishina of servir.p~ rh~~Q~n n~
or otherwise be subjected to discrimination; and that (3)
Sublicensee shall use said 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 of Federally-assisted
Programs of the Department of Transportation-Effectuation of
Title VI of the Civil Rights Act of 1964, and as said RegUlations
may be amended from time-to-time.
F. In the event of breach of any of the above
non-discrimination covenants, Licensor shall have the immediate
right to re-enter said Premises and said Premises shall thereupon
revert to and vest in and become the absolute property of
Licensor or Licensor's assigns. This provision shall not be
finally effective until the procedures of Title 49, Code of the
Federal Regulations, Part 21, at the election of SUblicensee, are
followed and completed, including exercise or expiration of
appeal rights.
G. To the extent applicable to Sublicensee, the Sublicensee
will undertake action as required by 14 CFR Part 152, SUbpart E,
if necessary to insure that no person shall on the grounds of
race, creed, color, national origin or sex, be excluded from
participating in any employment activities covered in 14 CFR Part
152, Subpart E.
Sublicensee assures that no person shall be
excluded on these grounds from partiCipating in or receiving the
services or benefits of any program or activity Covered by said
subpart.
SUblicensee will require that its covered
suborganizations, if any, shall provide assurances to SUblicensee
that they similarly will undertake required action and that they
will require assurances from their sUborganizations, if any as
required by 14 CRF Part 152, Subpart E, to the same effect.
H. If and when the Federal Aviation Administration, or its
successor, requires modifications or changes in the Agreement as
a condition to qrantina of fllnrlc .p"...,-yo
provision(s) of this Agreement as may be reasonably required to
obtain such funds; provided, however, Sublicensee does not agree
to an increase in the rent provided for hereunder or to a change
in any use(s) (authorized use hereunder) to which Sublicensee has
then actually put the Subleased Premises, or to a forced
reduction in the size of the Subleased Premises.
ARTICLE XVII
RULES AND REGULATIONS
Sublicensee shall observe and obey all rules and regulations
not conflicting with any provision and purpose of this Agreement
as may now exist or may be promulgated from time-to-time by
Licensor; Licensor agrees that any rules and regulations so
promulgated and as applied to Sublicensee shall not be
inconsistent with any constitution, law, rule, or regulation of
the state of Florida or the United states of America, or any
agency thereof having jurisdiction in the premises.
ARTICLE XVIII
TITLE TO IMPROVEMENTS
Title to all improvements constructed or installed on the
Subleased Premises by or on behalf of the Sublicensee shall at
all times during the term of said Agreement remain in the
Sublicensee. Upon termination of this Agreement by any means all
improvements shall remain the property of Sublicensee and
Sublicensee shall remove all improvements and restore the ground
to its originan unimproved condition as of the date of original
lease of the Subleased Premises from Collier County to Subessee
in the month of of 19 unless the parties hereto
mutually agree otherwise in writing.
EARLY TERMINATION AND RELETTING
Should there occur an early termination of this agreement
pursuant to the terms hereof, licensor shall have the right to
re-enter the Subleased Premises, make repairs necessary, and
relet the Subleased Premises or any part thereof for the
remainder of the term hereof, and receive any rent therefore. In
the event of such early termination, Sublicensee shall remain
liable to Licensor for the full amount of said total rent for the
entire term and shall continue to pay said monthly rentals and
all fees (see Article V) or such part thereof that remain unpaid
after the application of all rents and fees collected by Licensor
from reletting the Subleased Premises or any part thereof.
Sublicensee shall remain liable for and shall make such payments
whether the Subleased Premises remain vacant or shall have been
relet, in whole or in part.
ARTICLE XX
NOTICE OF TERMINATION
If any breach of this Agreement by Sublicensee shall occur
and after due notice of termination from the Authority to
Sublicensee, and Sublicensee failed to cure or correct same if
curable or correctable, the Authority may, at any time thereafter
during the continuance of said default, terminate this Agreement
by written notice to Sublicensee, such cancellation and
termination to be effective upon the date specified in such
notice. In the event of any breach, Licensor shall give
Sublicensee notice in writing to correct any such breach, and if
such breach shall continue for thirty (30) days after the receipt
of such notice to Sublicensee, Licensor may, after the lapse of
said thirty (30) day period, cancel this Agreement without
money due or to become due under any provision of this Agreement
or otherwise.
ARTICLE XXI
NON-WAIVER OF RIGHTS
Continued performance by either party hereto pursuant to any
provision of this Agreement after a default of any provision
herein shall not be deemed a waiver of any right to cancel this
Agreement for any subsequent default, and no waiver of any such
default shall be construed or act as a waiver of any subsequent
default.
ARTICLE XXII
SURRENDER OF POSSESSION
In addition to Article X herein, Sublicensee agrees to yield
and deliver to Licensor possession of the Subleased Premises
herein at the termination of this Agreement, by expiration or
otherwise, or of any renewal or extension hereof, in good
condition in accordance with its express or implied Obligations
hereunder, except for ordinary wear and tear.
Sublicensee shall
have the right, within ninety (90) days after the termination
hereof, to remove all of its Trade Fixtures and equipment
installed or placed by it at
.~
l~S own expense
in,
on or about the
Subleased Premises, subject, however, to any lien which Licensor
may have thereon for unpaid rents, fees or because of any other
breach of any provision of this Agreement by Sublicensee, such as
failure to properly maintain, in which event Licensor shall have
the right to immediate possession.
INSPECTION OF PREMISES
Licensor or its duly authorized representatives, agents, and
other persons for it, may enter upon said Subleased Premises at
any and all reasonable times during the term of this Agreement
for the purpose of determining whether or not Licensee is
complying with all provisions hereof, or for any other purpose
incidental to rights or interest of Licensor.
ARTICLE XXIV
HOLDING OVER
Should Sublicensee hold over said premises after this
Agreement has been terminated in any manner, by such holding over
Sublicensee shall be a tenant at sufferance and at a rental to be
fixed by Licensor, payable in advance, but otherwise on the same
provisions as herein provided.
ARTICLE XXV
NO LIENS
SUblicensee shall pay for all labor done or materials and/or
supplies furnished in the repair, replacement, development, or
improvement of the Subleased Premises by SUblicensee, and shall
keep said Premises and all Sublicensee's interests therein free
and clear of any lien or encumbrance of any kind whatsoever
created by Sublicensee's act(s) or omission(s) .
ARTICLE XXVI
HAZARDOUS SUBSTANCES
Except as consistent with the usual practices of the proposed
operation and subject to the requirements of t_h", C'nllnh, ~f'
explosive or hazardous; and no offensive or dangerous trade,
business or occupation shall be carried on therein or thereon.
ARTICLE XXVII
WAIVERS
No waiver by Licensor at any time of any provision of this
Agreement, or noncompliance therewith, shall be deemed or taken
as a waiver at any time thereafter of the same or any other
provision herein contained, nor of the strict and prompt
performance thereof by Sublicensee. No delay, failure, or
omission of Licensor to re-enter the Subleased Premises or to
exercise any right, power, privilege, or option arising from any
default nor subsequent acceptance of rent then or thereafter
accrued, shall impair any such right, power, privilege, or option
or be construed to be a waiver of any such default or
relinquishment thereof, or acquiescence therein. No notice by
Licensor shall be required to restore or revive time as of the
essence hereof after waiver by Licensor or default in one or more
instances. No option, right, power, remedy, or privilege of
Licensor shall be construed as being exhausted or discharged by
the exercise thereof in one or more instances. It is agreed that
each and all of the rights, power, options, or remedies given to
Licensor by this Agreement are cumulative and no one of them
shall be exclusive of the other or exclusive of any remedies
provided by law or equity, and that the exercise of one right,
power, option, or remedy by Licensor shall not impair its rights
to any other right, power, option, or remedy.
ARTICLE XXVIII
AGENT FOR SERVICE OF PROCESS
It is expressly agreed and understood rhAr i~ ~"hl;~~~~~_
of Florida, or is a foreign corporation, then in any such event
Sublicensee does automatically designate the Secretary of State
of the state of Florida, as its agent for the purpose of service
of process in any court action between it and Licensor and/or
Collier County arising out of or based upon this Agreement, and
the service shall be made as provided by the laws of the State of
Florida for service upon a non-resident. It is further expressly
agreed, covenanted, and stipulated that if for any reason service
of such process is not possible, and as an alternative method of
service of process, Sublicensee may be personally served with
such process out of this State, by the registered mailing of such
complaint and process to Sublicensee at the address set out
hereafter in this Agreement and that such service shall
constitute valid service upon Sublicensee as of the date of
mailing and Sublicensee shall have thirty (30) days from date of
mailing to respond thereto. It is further expressly agreed that
Sublicensee is amenable to and hereby agrees to the process so
served, submits to the jurisdiction and waives any and all
obligation and protest thereto, any laws to the contrary
notwithstanding.
ARTICLE XXIX
WAIVER OF CLAIMS
Sublicensee hereby waives all claims against the Licensor,
County of Collier, and the State of Florida, and their officers,
agents/ or employees for loss of anticipated prOfits caused by
any suit or proceedings directly or indirectly attacking the
validity of this Agreement or any part thereof, or by any
jUdgment or award in any suit or proceeding deClaring this
Agreement null, void, or voidable, or delaying the same, or any
part hereof, from being carried out.
HEADINGS
The article and paragraph headings throughout this Agreement
are inserted only as a matter of convenience and for reference
and in no way define, limit or describe the scope or intent of
any provision of this Agreement.
ARTICLE XXIII
CONSTRUCTION AND SAVINGS
- This Agreement shall be construed in accordance with the laws
of the state of Florida.
If any provision contained in this
Agreement is held to be invalid by any court of competent
jurisdiction or otherwise appears to Sublicensee and Licensor to
be invalid, such invalidity shall not affect the validity of any
other covenant, condition, or provision herein contained;
provided, however, that the invalidity of any such provision does
not materially prejudice either Licensor or Sublicensee in its
respective rights and obligations contained in the remaining
valid provisions of this Agreement. Wherever approval or consent
of Licensor or Sublicensee is required under this Agreement such
shall not be unreasonably withheld, nor shall Licensor or
Sublicensee impose unreasonable conditions to such approval or
consent.
ARTICLE XXXII
LAND RADIATION EMISSION STANDARDS
In accordance with Chapter 88-285, Florida Statutes, the
following notification as it pertains to radon gas and the
leasing of building is hereby stated:
R~DON GAS: Radon is naturally occurring
radioactive gas that when it has accumulated in
a buildinq in sufficient al]Anti~ip~. m~v nrp~~n~
ARTICLE XXXIII
NOTICES
All notices provided for in this Agreement shall be in
writing. Any notice permitted or required to be served upon
Sublicensee may be served upon it at:
Airworks Enterprises of
Florida, Inc.
P.O. Box 5100 and/or
Immokalee, FL 33934
Airworks Enterprises of
Florida, Inc.
C.R. 846
Immokalee, FL 33934
provided, however, that if Sublicensee shall give notice in
writing to Licensor of any change in either or both of said
addresses, then and in such event such notice shall be given to
Sublicensee at the substituted address. Any notice permitted or
required to be served upon Licensor may be served upon it at:
Collier County Airport Authority
2800 N. Horseshoe Drive
Naples, FL 33924
Attention: Executive Director
provided, however, that if Licensor shall give notice in writing
to Sublicensee of any change in said address, then in such event
such notice shall be given to Licensor at such substituted
address. Any notice served by mail may be by registered mail,
certified mail, or regular mail.
ARTICLE XXXIV
CANCELLATION
A. Cancellation by Sublicensee.
Sublicensee may cancel this Agreement and terminate all
of its obligations hereunder upon sixty (60) days' advance
written notice, except as hereinafter provided, upon or after the
happening of one or more of the following events and provided
payment of any fees or charges to Licensor:
1. The permanent and total abandonment of the Airport by the
Authority or its successor in function.
2. The inability of Sublicensee to use the Airport for a
period of ninety (90) days because of the issuance of any
order, rule, or regulation by any competent governmental
authority or court having jurisdiction over Sublicensee
or Licensor, preventing Sublicensee from operating all of
its operations; provided, however, that such inability or
such order, rule, or regulation is not due to any fault
of Sublicensee; or
3. The inability of Sublicensee to totally use the Airport
for a period of longer than sixty (60) consecutive days
due to any war, earthquake or other casualty beyond
control of Sublicensee.
B. Cancellation by Licensor.
Unless prohibited by law, Licensor may cancel this Agreement
and terminate all of its obligations hereunder at any time that
Licensor is not in default, upon or after the happening of any of
the following events:
1. Sublicensee shall file a voluntary petition in
bankruptcy; or
2. Proceedings in bankruptcy shall be instituted against
Sublicensee and Sublicensee is thereafter adjudicated
bankrupt pursuant to such proceedings; or
3. A court shall take jurisdiction of Sublicensee and its
assets pursuant to proceedings brought under the
provisions of any federal reorganization act; or
4. A receiver of Sublicensee's assets shall be appointed; or
5. Sublicensee abandons conducting its operations at the
Subleased Premises; or
6. Any assignment is made by Sublicensee for the benefit of
its creditors; or
contained and the failure of Sublicensee to remedy such
breach, including nonpayment of fees or charges when due.
and seals this
IN WITNESS THEREOF, the parties hereto have set their hands
1~t-
day of Orrnhpr, 1994.
COLLIER COUNTY AIRPORT AUTHORITY
(7i::J
Chairman
COMMISSIONERS
)LORIDA
,'.C
ANTI~E) 1hairman
/d//J/JY
ATTEST:
DWIGWrE'., BROCK" CLERK
Approved as to form and legal sufficiency:
INC.
(Affix Corporate Seal)
ATTEST:
-j
~\G-t\-
Secretary of the Corporation
or
Signed, sealed and delivered
in the presence of:
c;qP.lXD -
Witness or AIRWORKS ENTERPRISES
Jl:eolr~)
Wltness for AIRWORKS ENTERPRISES
"'F..' ,;' "~-,~ ~i
p , :~
. .
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AIRWORKS EN E PRISES OF FLORIDA,
By:
Title:
esident
eth Rutter
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CPI WORKSHEET
Tenant Name
Date_/_/_
CPI Interval
Effective date of lease
/
/
CPI Type
Base Index
Date
Base monthlv rent $
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CO!\1PUT A TION:
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REMARKS
4/12/2011 Item 16.GA.
FIRST AMENDMENT
TO AIR WORKS ENTERPRISES
SUBLEASE AND LICENSE AGREEMENT
IMMOKALEE REGIONAL AIRPORT
WHEREAS, the Collier County Airport Authority (Authority) and Airworks Enterprises of
Florida, Inc., (Licensee) entered into a sublease and license agreement dated October 1, 1994 (the "Basic
Agreem~nt"); and
WHEREAS, the Authority and Licensee are desirous of amending the Basic Agreement by
extending the term and adjusting the rent, among other changes as specifically provided for herein.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY, that the basic Agreement be amended as follows:
1. The Termination date of "July 31, 2004" in Article I in the Basic Agreement is deleted and replaced
with a new termination date of "December 31, 2010.
2. The rent and fees shall remain the same as stated in the basic Agreement until July 31, 2004.
Beginning August 1, 2004 rent shall increase by two (2) cents per square foot above that rate which is
being paid on August 1,2003. All other fees shall remain consistent with the basic Agreement.
3. Adjustment of annual rent throughout the tcrm of this Amendment shall be based on the CPI-U and
consistent with Article III Paragraph H of the Basic Agrcement (page 8).
4. Article IX, Paragraph B on Page 17 of the basic agreement is deleted in its entirety and replaced as
follows: "Sublicensee may sell, assign or transfer this agreement only after receiving written approval
from the Collier County Airport Authority. Said approval shall not be unreasonably withheld."
5. In the event the Authority requires the use of the "subleased premises" for other purposes at anytime
during the term of this Amendment the Licensee shall relocate to another area on the airport provided:
A. The Authority provides sub Licensee with at least 365 days written notice to relocate.
B. The Authority provides an area of land on the airport with water, sewer, electric and substantially
similar access by aircraft to the runways. Said area of land to be at least equal in square footage
to that identified On Exhibit A of the basic Agreement.
C. TIle Authority shull provide an office area, hangar, fueling area and chemical tank area that is
substantially similar in size and condition to that which is existing and/or permitted under the
current lease.
D. The Authority shall pay for the costs of relocation.
6. All other terms and conditions of the Basic Agreemcnt shall rcmain in full force throughout the tenn
of this Amendment to the Basic Agreement
AGREED AND ACCEPTED, by the parties this E day of ;411 U l1-1 J- 200:2.
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTY. FLORIDA
By:
LIL
Stephen 1.. Pri
11fii"'"fiif}
f.r~'.\
j~;4
"~I:.,r.\../
GAil D. HAMBRIGHT
Not.ry Public, Slale of Florid.
My comm. ex~ire. Aug. 19, 2006
Cornm. No. DO 113583
Packet Page -2361-
First Amendment to A.irv\ __,~s Enterprises
Page 2
WITNESSES:
r~nl:k
Secretary to the Corporation
Print name: CAC2-0u::: a.u~
or
FIRST WITNESS:
Sign Name
Print Name
SECOND WITNESS:
Sign Name
Print Name
Approved as to form and legal sufficiency:
r-"---'
4/12/2011 Item 16.GA.
(C rporate Seal)
~)N~
By: I D~
Thomas C. Palmer
Il:Amendmcnts/1 0/15/0 1 FirstAmcndmcntAirworks
- END-
Packet Page -2362-
-....
2
4/12/2011 Item 16.GA.
SECOND AMENDMENT
TO AIRWORK ENTERPRISES
SUBLEASE AND LICENSE AGREEMENT
IMMOKALEE REGIONAL AIRPORT
WHEREAS, the Collier County Airport Authority (Authority) and Airwork Enterprises of
Florida, Inc., (Licensee) entered into a sublease and license agreement dated October I, 1994 (the "Basic
Agreemeljt"); and
WHEREAS, the Authority and Licensee amended the basic agreement on August l, 2002.
WHEREAS, Licensee has requested that the Basic Agreement be amended to correctly reflect
the types of Commercial Aeronautical activities they are currently engaged in.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE COLLIER COUNTY
AIRPORT AUTHORITY, that the basic Agreement be amended as follows:
l. Article II, Paragraph B, Item I is deleted and replaced by the following:
I. License to conduct the following Commercial Aeronautical Activities consistent with Authority
adopted Minimum Standards as may be amended throughout the term of this Agreement:
a. Crop Dusting
b. Hangar Rental
2. Article II, Paragraph C is deleted in its entirety.
3. Articlc III, Paragraph A, Item I is deleted and replaced by the following:
I. Annual Commercial Operating privilege fees as follows:
A. Crop Dusting - $200.00
B. Hangar Rental - $200.00
4. All other telms and conditions of the Basic Agreement shall remain in full force throughout the term
of th is Amendment to the Basic Agreement.
. d.
AGREED AND ACCEPTED, by the parties this 1'1 . day of /l ri</L 2003.
COLLIER COUNTY AIRPORT AUTHORITY
COLLIER COUNTY, FLORIDA
By:
Airwor -
. es of Florida, Inc.
--~
"
WITNESSES:
KeiHJeth Rutter, President
(Corpora e Seal)
Packet Page -2363-
4/12/2011 Item 16.GA.
First Amendment to AirwurK Enterprises
Page 2
~h~
Se~retary'to th~rrotipn_ f2u~
Prrnt name: c: l-k:::l -' I 0 ',-
or
'7
Si ~me.
~
.
GUT ~\
Print Name
~Ejf~
Sign Na e
)~ CV) I, <-'" J f l el J"CV'
Print Nam\:'
Approved as to form aod legal sufficiency:
By: ~ PoJ~'
Thoma, C. Palmer
F:\Leases\Second Amendment Airwork Enterprises Lease 2-03.doc
Packet Page -2364-
2
'. . ........ ..... ...... '.' .... ..... .... ..... ...... .. ... 4/12/2011 Item 16.G.4.
.. ASSIGMEN...T OF LEA.... SE FROM AIRWORl(EN1~1U'R.ISES..
'.. .... T()j\$. GREGORYSEIEP ARD--DEiCEMBE:R~l)05
ASSIGNMENT OF LEASE FROM AIRWORK OF FLORIDA, INC., A FLORIDA
CORPORATION, TO MR. GREGORY SHEPARD, AN INDIVIDUAL
WHEREAS, on July 17, 1984, Collier County (a political subdivision of the State of
Florida) and Airwork Enterprises of Florida, lnc, A Florida Corporation, whose mailing address
is P.O. Box 5100, lmmokalee, Florida, entered into a Lease, herein referred to as the "Basic
Agreemcnt"), which Basic Agreement was First Amended on October 16, 1990, and was
amended a second time by its Second Amendment on January 4, 1994. The Collier County
Airport Authority ("AUTHORITY"), a Dependent District of Collier County was established
pursuant to Collier County Ordinance No. 93-36, was affirmed by Collier County Ordinance No.
95-67, and again affirmed by Ordinance No. 04-03, with oftices at 2005 Mainsail Drive, Naples,
Florida, 34114. Pursuant to those Ordinances, the Authority is authorized to approve or not
approve assignments of leases at the Immokalce Airport; and
WHEREAS, The management of Airwork Enterprises Florida, Inc. and Mr. Gregory
Shepard, as an individual, whose address is 2243 Peck Street, Ft. Myers, Florida 33901 deem it
advantageous to assign the Basic Agreement, as amended, and
WHEREAS, The Collier COlmty Airport Authority hereby approves this Assignment of
this lease, which all parties hereby agree authorizes crop dusting and use of fuel from the "fuel
farm" only for crop dusting conducted by the Tenant.
NOW, THEREFORE, the parties agree as follows:
I. The Basic Agreement, as amended, is hereby assigned 111 its entirety from Airwork
Enterprises Florida, Inc. to Mr. Gregory Shepard, as an individual, and which assignment is
hereby accepted by Mr. Gregory Shepard, as an individual.
2. The effective date o[this Assignment is )).g:;r^N"1 6., \ <--I ,2005.
The parties signed this Assignment Agreement this \ 2.~ day of 1te~A/V\ b.< ~
2005
EXHIBIT
I~
1
Packet Page -2365-
4/12/2011 Item 16.GA.
. .
ASStGM$Nt().FLEASEFR(}l\1AIRW(}RKEjNT~RF~!)I:S<. ...
;rgJ\fR..GREGQ.R.Y::sm:PAM..,;.ilECEMll}t;R.2.Ms>.............
Airwork Enterprises of Florida a Florida
CO{p~ratiJ
ATTEST:
By:
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,
__ (L.S.)
Kennet~ Rutter, President
,
,
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~dd ' itness f< President
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- .. 1 ess fo resident
printNam-;T;f..K.1 /) 174.4't..~,PrintName 1i.s;:~o..r\'.\ rn",,",-\()"LD--.-
Assi ee:
regory Shepard, an 11 \')dual
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~ct6nd Wi. s for Assignee
ATTEST:
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Finf)'i'Dtne'l>slfor Assignee
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Print Name: \ ITICA VII I \\(\pnt10Zo--
Print Name: ~~ k~L'--
APPROVED by:
ATTEST:
COLLIER COUNTY AIRPORT AUTHORITY
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Signature of First Wi 6.ss
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Printed Name ofF~t Wi ss
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Sig ture of Second fitness
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By:
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Approved as to fornl and legal sufnciency:
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Tom Palmer, Attorney for the Authority
Packet Page -2366-
.
4/12/2011 Item 16.GA.
I ~i" I
Date:
FIFTEEN-DAY NOTICE TO PAY RENT AND GIVE POSSESSION
To: GREGORY SHEPARD
2243 PECK STREET
FT. MYERS, FLORIDA, 33901
Dear Sir:
You are hereby notified that you arc a holdover tenant in
possession of the premises attached in Exhibit "A" without the consent of
the Owner as a result of the written Lease's- expiration on December 31,
2010, in Collier COlmty, Florida, now occupied by you, and that this is
demand for payment of double rents and possession of said premises
within fifteen (15) days (except Saturdays, Sundays and legal holidays)
from the date of delivery of this notice, to-wit: On or before the
of ,2011.
If legal action is initiated against you, you may be held liable for
attorney's fees, court costs and double rents,
If the owner re-enters the demised premises, such re-entry is to
mitigate damages, Such re-entry shall neither constitute a rescission of the
lease nor an acceptance or surrender of the leasehold estate.
This notice is given to you pursuant to Section 83.20, Florida
Statutes.
By:
Chris Curry, Executive Director
Collier County Airport Authority
C:
( ) posted on front door of demised premises on the _ day of
, 200J 1 as the Tenant was absent.
( ) Delivered to " ' at the demised premises, on the -
day of 20ll.
( ) VIA CERTIFIED MAIL-
The statute requires that the notice be served on the tenant by actual delivery, or if
the tcnant is absent from the premises, by leaving a copy at the premises. Before serving
the notice, however, the lease must be reviewed to determine whethcr any special notice
provisions are contained within it. Copies of the three-day notice to quit should be
Packet Page -2367-
4/12/2011 Item 16.GA.
2005 Mainsail Drive Ste. 1
Naples, FL 34114-8955
(239) 642-7878
Fax (239) 394-3515
wv.w collleraviation corn
EXHIBIT
March 1, 2011
J
..j)
Mr. Gregory Shepard
2243 Peck Street
Fort Myers. FL 33901
Mr. Shepard,
I am in receipt of your email dated February 28, 2011. I am hopeful that this response will clear up any
confusion that has occurred thus far. You indicated in your letter that my attempt to contact you
through Immokalee Regional Airport staff was deemed unprofessional. If you recall during our first
meeting held in December, telephonic communication was the method used to arrange our initial
meeting. If you now consider that offensive then please accept my apology for contacting you in that
manner, and in the future I will send you a letter. I would now like to concentrate on the primary issues
that led to our series of conversations over the past few months.
Your lease at the Iml1lokalee Regional Airport expired on December 31, 2010. I have sent you two
separate letters since that expiration date, extending your lease until February 28,2011. The reason for
the extensions was to allow you unimpeded access to your buildings and time for us to negotiate a new
lease. I tried to schedule meetings with you on two occasions during the month of February, first by
telephone and the other by letter. and you have been unresponSive. You cannot operate on the airport
without a current lease agreement.
During our first meeting, which included Tom Verga, you said that your facility located at the entrance of
the airport was a museum and was registered as a 50l(C)3 organization, At that time I asked you if any
of your ail'Craft were flyable, "nd you indicated that they were not. Within the last few weeks at least
four people have visited the Immokalee Airport and have requested to view the museum. The staff at
lmmokalee contacted you on both occasions and you told them that your "museumll was a maintenance
facility for a museum, The identity of your building is important because it could affect your
classification for charges in accordance with the Federal Aviation Administration (FAA).
In your recent e-mail you indicated that during our previous conversation we agreed on a land lease rate
of five cents 150,05) per square foot. At no time during our earlier conversation did I agree that you
would be charged five cents 1$0.05) per square foot, It is not consistent with FAA guidelines and the
Administrative Code outlining my responsibilities as a Director to charge you less than fair market value
pricing for nonaeronautical use.
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4/12/2011 Item 16.GA.
Mr. Gregory Shepard
Page 2 of 2
FAA 5190.68 says that rates charged for nonaeronautical use of the airport must be based on fair
market value. Fair market value pricing of airport f(jcilities 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 fourteen cents ($0,14) per square foot at the
Immokalee Regional Airport, However, there are limited exceptions for charging less than fair market
value and not-far-profit organizations are one. The policy goes on the say that a sponsor mav charge
reduced rental rates to aviation museums to the extent that civil aviation receives reasonable tangible
or intangible benefits from its use, I have been unable to determine any reasonable benefits from your
museum maintenance facility that is not open to the public.
You have also mentioned the issue of fuel flowage fee's at the Airport. According to your expired lease
YOll were Drily allowed to use fuel for your own aircraft in association with your crop dusting business.
Based on our recent conversation, you are no longer in the crop dusting business which negates your
use of the fuel farm as instructed in your lease. In 1994 an Airport User Assessment fee which is now
referred to as a fuel flowage fee was established at two cents ($0.02) per gallon, This fee has been
amended and has now been included in the rates and charges structure approved by the Board of
County Commissioners in.January 2011.
In our earlier conversation we discussed whether your lease would be renewed and I agreed, I did not
guarantee you t!lat it would be the same as it has been for the past sixteen years, The idea was to
relocate your business from the corner, charge you prices consistent with fair market value, and
determine another location on the airport better suited for your maintenance facility for the museum
and the Ai,port. I feel that the corner- of the Airport thilt you now occupy is better suited for another
use and according tile Airport Lavollt Plan, the fuel farm IS projected to be relocated to accommodate an
expanded runway protection zone.
As mentioned earlier, your lease term tlas expired. You are not allowed to operate on the Airport
without a lease approved by the Board of County Commissioners" In accordance with your lease you are
now considered a "Hold Over" tenant. Hopefully you will contact my office and arrange a l11eetin"g to
discuss future options, Those in attendance will be the County attorney, Tom Vergo and me. It is my
inten~ion to negotiate a new lease, find another location for your museum maintenance facility, survey
the pmperty for square footage, and price It at fair market value, I hope to hear from you at your
earliest convenience.
Sincerely
(j{'lLI) Q/h~L
Chris Curr)' 0'
Executive Director
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