Backup Documents 09/15/2009 Item #14A
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 14A
- I"
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Oftice. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through 114 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
~:::rol:li': J/. .~~...c- (List in routin order)
1.
2.
3.
4. Colleen Greene County Attorney - Colleen please QY1b- ~'ZJtf1
fill in the dates
Board of County Commissioners <Jh,/o~
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stafffor additional or missing
information. All original documen~; needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff D~:bbie Brueggeman Phone Number 642-7878 Ext. 34
Contact
"-":::!<'k::r.'~;a::';-~"- Agenda Date Item was September 15,2009 Agenda Item Number 14A
Approved by the BCC
Type of Document Sub-Lease Agreement Number of Original 4
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not
a ro riate. (Initial) A licable)
I. Original document has been signed/initialed for legal sufficiency. (All documents to be DB
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date ofBCC approval of the DB
document or the final ne otiated contract date whichever is a licable.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's DB
si nature and initials are re uired.
5. In most cases (some contracts are an exception), the original document and this routing slip J (+\
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
'l:.":::.:~~:;;r. -.'It ,..:-~..._. Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCe s actions are nullified. Be aware of our deadlines! I
6. The document was approved by the BCC on 9/1 5/09 (enter date) and all changes DB
made during the meeting have been incorporated in the attached document. The
Count Attorne 's Office has reviewed the chan es, if a licable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
14A
MEMORANDUM
Date: September 21, 2009
To: Debbie Brueggeman, Executive Assistant
Collier County Airport Authority
From: Teresa Polaski, Deputy Clerk
Minutes and Records Department
Re: Sub-Lease Agreement
Attached are three (3) original resolutions, referenced above (Agenda
Item #14A) approved by the Board of County Commissioners on Tuesday,
September 15,2009.
If you should have any questions, you may contact me at 252-8411.
Thank you,
Attachments (3)
Immokalee Regional Airport - Non-Aviation Land 1~ ~A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
THIS LICENSE and Sub-Lease Agreement, made as of the \S dayof 5efkmbU ,2009, by
and between the Collier County Airport Authority ("Authority"), a political subdivision of the State of
Florida, as Landlord and the Department of Military Affairs Armory Board as the Sub-Lessee
("Tenant") ;
WITNESSESTH THAT, for and in consideration of the covenants contained herein, the Authority
does hereby lease to Tenant those certain "Leased Premises" within the Immokalee Regional Airport,
Collier County, Florida, as more particularly described and illustrated on Exhibit "A."
1. The Premises.
The Premises Described. The Authority hereby sub-leases to the Tenant twenty six point four
one (26.41) acres of real Property, approximately located in the SW corner of Quadrant # 35 of
Section T.46.S and R.29.E ofthe United States Geological Survey, and as depicted on the Airport
Layout Plan (ALP), which real property is more particularly described in Exhibit "A" legal
description and survey attached hereto and incorporated herein by this reference, together with an
easement for ingress and egress to the property ("Premises").
2. Terms.
a. Effective Date of Agreement. This Agreement shall have no force or effect until the
Authority has actual physical possession of one (1) original of this Agreement (including all
Exhibits) fully signed by the Tenant (with two attesting witnesses), fully signed on behalf of
the Authority (with two attesting witnesses), signed as "approved to form and legal
sufficiency" by an attorney employed by Collier County, and signed by the Chairman of the
Collier County Board of County Commissioners ("BCC"), and witnessed by the Deputy
Clerk. The date this Agreement is fully executed by the Chairman of Collier County Board
of County Commissioners is referred to in this Agreement as the "Execution Date."
b. Agreement Term. The term of this Agreement shall be twenty-five (25) years ("Agreement
Term") commencing on the "Commencement Date," as hereinafter defined, and terminating
twenty-five (25) years after that Commencement Date. The Commencement Date shall be
the first day of the first full month following the issuance or receipt of a certificate of
occupancy for the completed facility. The Certificate of Occupancy will be attached as
Exhibit "B'" and those dates filled in the following sentence. The Commencement Date is:
day of ,20 The termination date shall be the last
-
day of that month in year 20_.
c. Possession of the Premises by the Tenant shall be deemed to begin on the Execution Date of
this Agreement even if the Tenant is not actually then in possession of the Premises. Collier
County Ordinance No. 2004-03, as amended, provides that only the Collier County Board of
County Commissioners is authorized to agree to any extension ofthe Agreement Term.
d. Renewal Option. The Authority agrees to offer the Tenant a right to renew this lease under
the terms and conditions provided herein with a minimum of six (6) months written notice to
the Authority. The Board of County Commissioners of Collier County must approve any
renewal period.
(f r;t-, I) Page I of 16
enant s mtm s
Immokalee Regional Airport - Non-Aviation Land 14 ~A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
3. Use of the Premises.
a. Permitted Use. Tenant, its sub-sub-Iessees, or assignees shall have use of the Premises only
for the construction and use of an approximately 50,000 square foot military quartermaster
facility (similar to an Armory) and associated outdoor storage. No building or land shall be
used except for the purpose of military and government and associated uses and authorized
activities of the Tenant, or assignees or sub-sub-Iessees, approved pursuant to the "Permitted
Uses," recognizing that each use and structure must still be properly permitted by Collier
County through a Certificate of Occupancy or occupational license, as the case may be.
Moreover, no use and/or occupancy shall disturb the peaceful enjoyment of any other tenant
or other occupant at the Airport, and all uses and occupancy shall always conform to all then
current (as then revised or superseded) laws, standards, rules, regulations, and codes.
b. Quiet Enjoyment. The Tenant, upon payment of the required fees and rents, and the faithful
performance of such covenants, agreements and conditions required by law, andlor by this
Agreement, shall and may, peaceably and quietly have and enjoy those portions of the Airport
authorized f()f Tenant's use. Such use shall be free from molestation, eviction or disturbance
by the Authority or any person claiming by, through, or under The Authority, subject to the
terms and conditions of the law or agreement entered into. Such quiet enjoyment is
conditional upon Tenant adhering to the conditions, provisions and terms set forth in this
Agreement (md without limitation, all other laws, codes, rules and lor regulations referred to
anywhere in this Agreement.
c. Rules and Regulations. All activities conducted at the Airport will be done in adherence to
the Authority's Airport Policies and Procedures, the terms of this Agreement and any other
then applicable Federal, State, County and local Laws, Ordinances, Rules and Regulations.
4. Rent
Rent to be Imputed to Tenant but Not Paid. Beginning on the Commencement Date, annual
rent shall be imputed to the Tenant, but the Tenant shall not pay Rent. The amount of the annual
imputed Rent shall be determined by multiplying ten cents ($0.10) per square foot times twenty
six point four one acres (26.41) or (1,150,419.6 square feet). Therefore, the imputed Rent for the
first sub-lease year shall be One hundred fifteen thousand forty one dollars and ninety six cents
($115,041.96). For each sub-lease year subsequent to the first sub-lease year the annual imputed
Rent shall be increased by one percent (1%), which increase shall become effective on the
anniversary of the Commencement Date throughout the term of this Agreement. Additionally,
the imputed Rent shall be increased at the end of the fifth sub-lease year to the current Fair
Market Value (FMV) (as defined by the Collier County Airport Authority Rates and Charges)
land lease rate per square foot per year. The imputed Rent shall be increased again at the end of
the tenth, fifteenth, twentieth, and twenty-fifth anniversaries of the Commencement Date to the
then current FMV land lease rate per square foot per year. For record keeping purposes imputed
Rent payments shall be billed (invoiced) to the Tenant at the end of each fiscal year. Each fiscal
year throughout the term of this Agreement, the Board of County Commissioners shall deduct all
such imputed Rent from money loaned by Collier County to the Airport Authority to manage and
operate the Immokalee Airport, whereby the Airport Authority retains all such deducted money
r
(Tenant's Initials) Page 2 of 16
Immokalee Regional Airport - Non-Aviation Land 4A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
for the use and benefit of the Immokalee Airport as if such deducted money had been paid by the
Tenant to the Airport Authority.
5. Time Restrictions for Construction of Initial Development.
Construction. Construction will be executed of an approximately 50,000 square-foot military
Readiness Center (as customarily defined in American Institute of Architect General Conditions
Document AlA 201) no later than one (1) year after the u.s. Congress appropriation of military
construction (MILCON) funds specifically for Project Number 120175A, as programmed through
the National Guard Bureau (NGB).
6. Notices. Whenever any notice is required or permitted hereunder, such notice shall be in writing.
Any notice or document required or permitted to be delivered hereunder shall be deemed to be
delivered whether actually received or not, when deposited in the United States mail, as Certified
Mail, postage prepaid, return receipt requested, and addressed to the parties at their respective
addresses, as set forth below. Tenant shall have a continuing obligation to notify the Authority's
Executive Director, in writing, of each and every change in this address. The Authority shall also
have a continuing obligation to notify the Tenant in writing of each and every change to its
address, if any.
Collier County Department of Military Affairs Armory Board
Airport Authority State Quartermaster
2005 Mainsail Drive, Ste. 1 Post Office Box 1008
Naples, FL 34114 2305 State Road 207
St. Augustine, FL 32085-1008
7. Liability.
a. The TENANT represents that it has insurance coverage under state risk management and
NGB regulations
b. To the extent permitted by state law and the Federal Tort Claims Act, the TENANT agrees
to hold harmless and defend Collier County, the Board of County Commissioners of
Collier County, Florida, and The Collier County Airport Authority, their agents and
employees, from any claims, assertions or causes of action for any loss, injury or damage
to persons or property arising from or associated with the TENANT'S use of the Property.
c. Construction Insurance. Tenant shall maintain and provide proof to the Authority of
bonds, construction insurance and/or all other insurance required by Collier County Risk
Management Department. Such proof of construction insurance must be provided to the
Authority's Executive Director prior to commencement of construction.
8. Federal Aviation Administration Sub-Lease Agreement Clauses
a. Airport Purposes. The land, all rights-of-way, buildings, structures, improvements, and
all personal property to which this Sub-lease Agreement transfers any right, title or interest
to Tenant must and shall be used on reasonable term and without unjust discrimination and
without grant or exercise of any exclusive right for the use of the airport within the
meaning of the terms "exclusive right." As used herein the word "airport" shall be
1-
(Tenant's Initials) Page 3 of 16
Immokalee Regional Airport - Non-Aviation Land 14 A "~
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
deemed to include at least all such land, buildings, structures, improvements, rights-of-
way and all such personal property.
b. Repair and Maintenance. Tenant shall always provide timely and adequate repair and/or
maintain all buildings, structures, improvements, facilities (including utility facilities),
trees and all other foliage, and all personal property during and throughout the remainder
of the useful life of each such item or tangible and intangible property, including to the
extent as may be determined by the Administrator of the Federal Aviation Administration
(FAA) (or his or her successor(s)). Tenant shall obtain new and/or additional material as
then required to rehabilitate, promptly maintain and/or repair buildings, structures,
improvements, facilities, rights-of-way and items of personal property, including by
demolition (or any other removal) of the then existing counterpart buildings, structures,
improvements, facilities, rights-of-way and/or personal property. All repaIrs and
maintenance will comply with all then applicable laws, rules and regulations with regard
to each such item, including, if applicable, to such extent authorization or approval is
required from the FAA and/or from any other then applicable regulatory agency of Florida
and/or the Government of the United States, including restricting, controlling, and
regulating heights and locations of manmade objects, trees and all other objects of natural
growth or terrain to prevent airport hazards and incompatible uses. All activities and
construction will be incompliance with then applicable statutes, rules and regulations,
including Chapter 333, Florida Statutes, and Part 77 of 14 Code of Federal Regulations.
c. Rights to Flight Reserved. The County and/or the Airport Authority, reserve for the use
and benefit of the public, a right of flight for the passage of aircraft in the airspace above
the surface of the premises herein conveyed. This public right of flight shall include the
right to cause in said airspace any noise inherent in the operation of aircraft used for
navigation or flight through the said airspace or landing at, taking off from or operation of
the airport.
d. No Airport Hazards. That insofar as it is then within its power, Tenant shall adequately
and promptly clear and protect all aerial approaches to the Airport by removing, lowering,
relocating, marking or lighting, or otherwise adequately mitigating all airport hazards
whatsoever" and by preventing establishment and/or creation of any and all additional
airport hazards subsequent to acceptance of a sub-lease. Tenant shall prohibit the erection
of structures or growth of natural objects that would constitute an obstruction to air
navigation, and will prohibit any activity on the sub-leased Premises that would interfere
with or be a hazard to the flight of aircraft over the land or to and from the airport or
interfere with air navigation and to communication facilities serving the airport.
e. No Exclusive Rights. No exclusive right, as defined in Section 516 of the Airport and
Airways Improvement Act (or otherwise now or hereafter defined by applicable laws,
rules and/or regulations) for use of the Airport at which the Premises is sub-leased to
Tenant, shall be vested directly or indirectly in any person(s), entity or entities, to the
exclusion of others then in the same class. The term "exclusive right" is defined to
include:
(T~lnitialS) Page 4 of 16
Immokalee Regional Airport - Non-Aviation Land A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
1. Any exclusive right to use the airport for conducting any particular aeronautical
activity requiring the operation of aircraft; or
11. Any exclusive right to engage in the sale or supply of aircraft, aircraft accessories,
equipment or supplies (excluding sale of fuel oil), or aircraft services necessary for
the operation of the aircraft, aircraft engines, propellers and appliances.
f. Property. Except to the extent then mandated by laws, rules, regulations, or contract(s),
no property transferred by a Tenant (and any item of replacement of any of the same -
buildings, structures, personal property, etc.), shall be used, licensed, leased, sold,
salvaged, or disposed of by Tenant for other than airport purposes without the then
required written consent of the Administrator of the FAA, which consent should be
granted only if and when the then authorized Administrator determines that the respective
property can be used, licensed, leased, sold, salvaged, or disposed of for other than airport
purposes without materially and adversely affecting the development, improvement,
continued and continuous operation, or maintenance of the Airport. No building(s) or
structure(s) disposed of shall be used as an industrial plant, factory or similar facility
within the meaning of any then applicable Federal law, rule or regulation, or Florida law,
rule and/or regulation, unless Tenant shall take such actions as the Administrator of the
FAA or his/her successor in function and/or authorized representative(s) of the
Government of the United States, the State of Florida, and/or any regulatory agency of the
State of Florida shall determine to be required.
g. Non-Discrimination. No person on the ground of race, color, or national origin, shall be
excluded from participation in, be denied the benefit of, or be subjected to discrimination
in the use of the Airport facilities or the furnishing thereon.
h. Right of Aircraft Operations. The Authority hereby reserves a right of aircraft ground
operations on and above the surface of the Airport, when conducted in accordance with the
then existing Federal Aviation Regulations, together with the right to cause such noise, odors
and other disturbances as may be inherent in such operation
9. Construction and Ownership of Improvements, Liens, and Other Encumbrances.
a. Permit Applications. Tenant's Permitting Applications must be submitted to each applicable
permitting agency as required for development of land at the Premises described and
surveyed, and proof provided to the Authority.
b. Certificate of Occupancy. Tenant shall provide to the Authority's Executive Director Proof
of Tenant's Certificate of Occupancy. This item shall be attached to this Agreement and
thereafter be made a part of this Agreement as Exhibit B.
c. Correspondence. Tenant shall promptly copy the Authority's Executive Director with a
copy of all submittals and all correspondence between the Tenant and each Federal, State and
County Agency involved in the subject permitting and/or legal issues, if any, regarding the
Premises. This includes responses to permits, letters and emails from each such permitting
(f~ '0""'" Page 5 of 16
Immokalee Regional Airport - Non-Aviation Land A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
agency. The Executive Director may inform Tenant in writing that some such items are no
longer required to be supplied to the Executive Director.
d. Proposed Improvements. The Tenant is required to construct improvements on the
Premises in accordance with all applicable Federal, State of Florida, Collier County and
local codes, permits, rules, and regulations, and all applicable Federal Aviation
Administration Rules, Advisory Circulars, Design Standards, or other governing and/or
related regulations and codes. This specifically includes but is not limited to the submittal of
FAA Form 7460-1 "Notice of Proposed Construction or Alteration" to the FAA for their
review and approval. A copy of which shall be submitted to the Authority upon submittal to
the FAA and no later than ninety (90) days after the Execution Date of this Agreement. A
copy of th(;~ response or determination from the FAA shall be provided to the Authority no
later than t(~n (10) days after Tenant's receipt from the FAA.
e. Installation and Maintenance of Utilities. Collier County warrants that all utilities which
are necessary for the conduct of Tenant's authorized activities are available on the Airport.
However, Tenant shall obtain and install underground at no cost or expense to Collier
County or the Authority, all electrical, gas, water, sewer and any other utility service needed
to connect to and to receive available utility service, subject to the then current development
guidelines, rules and regulations and/or building code of the State of Florida and/or Collier
County and/or the Authority. Tenant shall pay all monthly utility charges.
f. Site Development Plan. An amendment of the SDP specifying the Premises and the
proposed Tenant's improvements must be submitted to and approved by Collier County
before Tenant may begin development. This will require that Tenant prepare and submit to
the Authority, in the manner and detail required by Collier County, information on its
proposed development. The cost of all licenses and permits and any applicable impact fees
relating to the specific Premises development shall be at Tenant's expense.
g. No Mechanics Liens. Nothing in this Agreement shall be deemed or construed in any way
as constituting the consent or request of the Authority, express or implied by reference or
otherwise, to any architect, engineer, surveyor, contractor, subcontractor, etc. (at every tier),
laborer, material man, supplier or mechanic for the performance of any labor or the
furnishing of any materials, supplies or services requested by Tenant for or in connection
with the Premises or any part thereof. Notice is hereby given that neither Collier County nor
the Authority shall be liable for any labor or materials, supplies or services furnished or to be
furnished to Tenant upon credit, and that no mechanics or other lien for labor, materials,
supplies or services shall attach to or affect the fee or reversionary or other estate or interest
of the Authority or Collier County in the Premises, or in any improvements, or in this
Agreement. All Persons dealing with the Premises and with Tenant are hereby put on notice
that Tenant does not have the power to deal with the Premises in such a manner as to
authorize the creation of mechanics liens, by implication or otherwise and all Persons
making improvements to the Premises, either by doing work or labor or services or by
supplying materials or supplies thereto, at the request of Tenant or Persons dealing by,
through or under Tenant, are hereby put on notice that they must look solely to Tenant and
not to the Premises or any part thereof or to any improvements, or to this Agreement for the
ant's Initials) Page 6 of 16
Immokalee Regional Airport - Non-Aviation Land
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
payment of any services, labor, materials or supplies performed upon or delivered to the
Premises. "Persons" refers to individuals and all entities.
h. Force Majeure. Neither Authority nor Tenant shall be deemed to be in default with respect
to the performance, commencement, or completion of any of the work to be performed by
such party under this Section if such failure to perform, commence, or complete any or all of
such work is due to circumstances beyond its control, such as, and not limited to, a strike,
lockout, labor dispute, shortages of materials, supplies or labor, fire or other casualty,
litigation or governmental action or inaction, or delay or acts of war, including acts of
terrorism. F or purposes of this Section the acts of a third party shall not be deemed to be
within the control of Authority, Collier County or Tenant unless Authority, Collier County or
Tenant, respectively, authorized such acts.
i. No Assumption of Liability. The Authority's approval of any of Tenant's Plans submitted
shall not constitute the assumption of any liability by the Authority for the compliance or
conformity of the Tenant's Plans with applicable building codes, zoning regulations, or
county, state, and federal laws, ordinances, and regulations, nor for their accuracy or
suitability DX Tenant's intended purpose. Tenant shall be solely responsible for Tenant's
Plans, and the Authority's approval of the Tenant's Plans shall not constitute a waiver of the
Authority's right thereafter to require Tenant, at Tenant's expense, to amend the same so that
they comply with applicable building codes, zoning regulations, county, state, or federal laws,
ordinances, or regulations, and to make such construction changes as are necessary so that the
completed work is in conformity with the Tenant's Plans as amended. In the event the
Authority refuses to approve Tenant's Plans, the Authority shall notify Tenant of the changes
required to be made, and Tenant may revise Tenant's Plans to incorporate the required
changes and then resubmit revised Tenant's Plans to the Authority for approval. The
Authority shall attempt to reply in writing to Tenant's submitted Plans within forty-five (45)
days after Authority's receipt of the submitted Plans, regarding Authority's approval,
approval subject to required changes, or other response to Tenant regarding Tenant's
submitted Plans. Tenant shall always be granted a reasonable time to make the required
amendments or otherwise comply with the Authority's respective written response to Tenant.
j. No Liability Regarding Permitting or Other Authorization. Neither Collier County nor
the Authority, nor any officer, employee representative of agent of either, shall be liable in
any way whatsoever for any developmental permitting and/or any other permitting,
permission or other authorization that is not completed to the desires of Tenant for any reason
whatsoever, including and not limited to financial restraint(s), management, seen and/or
unforeseen obstructions and/or delays, and/or any natural disaster(s) and/or any other
circumstances whether or not under the control of Collier County and/or the Authority, and/or
any now existing, new, amended and/or superseding Florida law(s)and/or Federal law(s),
State of Florida and/or Federal mandates, rules, regulations related directly or indirectly to
any and all such permitting, mitigation or any other reason that does or may impede and/or
delay Tenant from fulfilling its obligation under this Agreement.
ace. m;rial" Page 7 of 16
Immokalee Regional Airport - Non-Aviation Land 14A 1
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
k. Aircraft Hazards. Tenant acknowledges and agrees that the Authority reserves the right to take
any action it considers necessary to protect the aerial approaches of the Airport against obstruction,
together with the right to prevent Tenant from erecting, or permitting to be erected, any building or
other structure on or adjacent to the Airport which, in the opinion of the Authority, would limit the
usefulness of the Airport or constitute a hazard to aircraft.
10. Condition, Maintenance and Repairs of Leasehold and Improvements Thereto.
a. Erosion Control. Where the slope, terrain, or soil disturbance is such that active soil or wind
erosion is present, Tenant, at no cost or expense to Collier County or the Authority, must
promptly carry out erosion control practices to mitigate the erosion. These practices include,
but are not limited to, drainage facilities constructed and maintained by Tenant, landscaping,
and/or seeding and maintaining of vegetation on Tenant's Premises. Tenant is responsible for
erosion of Tenant's site only, unless some unauthorized, un-permitted Premises alteration
results in erosion onto any neighboring site or land. "Neighboring" is not limited to
"adjacent" site or land.
b. Compliance with Environmental Laws. Tenant shall promptly notify the Authority of the
release of any hazardous substances on the Premises or other act or omission that results in
the enviromnental contamination of the Premises. Tenant shall comply with all applicable
Environmental Laws pertaining to the protection of the environment, including but not
limited to those regulating the possession, storage, handling, and disposal of Hazardous
Materials. Further, neither Tenant nor any agent or party acting at the direction or with the
consent of Tenant shall possess, use, transport, treat, store, or dispose of any hazardous
substance a~ defined in Section 101(14) of the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended from time to time (CERCLA), or
petroleum (including crude oil or any fraction thereot) on any part of the Premises or the
Airport; provided however, that this sentence shall not prohibit Tenant from storing,
dispensing, or using Hazardous Materials on the Premises if such activities are conducted in
accordance with all applicable laws and regulations. Tenant shall not install any petroleum
storage tanks on the Premises or the Airport without the prior written consent of the
Authority.
c. Hazardous Substances, Materials and Waste. No hazardous substances and/or materials
subject to regulation by the EP A, or by Florida Department of Environmental Protection,
or by any other governmental Authority shall be stored or disposed of on the Airport
except in accordance with then applicable Federal, State and local laws, codes, rules and
Regulations.
d. Signs. Tenant must obtain Authority consent to paint or construct any exterior signs;
including approval by means of Collier County Sign Permit(s). The Tenant shall be
responsible for all cost and expense of installing, maintaining and repairing all such signs.
Tenant shall not install, erect, paint or maintain any temporary signs or advertising
displays, such as banners, balloons, flashing signboards, and/or any similar visual devices
whatsoever, except to the extent that such are then authorized by Collier County Code and
are also approved in writing by the Authority's Executive Director.
11. Laws and Authority.
ffCClnitialSl Page 8 of 16
Immokalee Regional Airport - Non-Aviation Land A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
a. Laws. Tenant at its own expense, and at no expense to either Collier County and lor the
Authority, shall fully comply with all laws, regulations, rules, ordinances, and requirements of
the applicable City, County, State and Federal authorities and agencies which affect this
Agreement, the land granted by this Agreement, any improvements upon the Premises, and/or
operations thereon. Such compliance shall be with any laws, regulations, rules, ordinances or
requirements, which have been or may be enacted or promulgated during the effective period
of this Agreement, except to the extent, if any, that Tenant is "Grandfathered" against any of
the same as specified in the respective law, regulation, rule, ordinance, or other requirement.
b. Airport Authority. Tenant recognizes the authority of the Authority and/or its designees to
take those necessary and legal actions required to safeguard any person, entity, aircraft,
equipment and/or property at the Airport and or reasonably adjacent to the airport. Tenant
agrees to abide by every suspension, restriction, and/or designation of specific procedures
applicable to any or all Airport operations whenever the Authority or its designees, or any
other govemmental authority or agency (such as the FAA) may impose any ofthe same.
12. Assignment and Sub-Sublease; Authority Consent Required.
Authority Consent Required. Tenant shall not assign, sub-sublease or otherwise transfer or
delegate any right or duty granted by this Agreement, nor the Premises, including improvements
constructed or occupied in accordance with this Agreement, all of the same shall be void ab initio
absent prior express written consent of the Authority, which consent shall not be unreasonably
withheld. The Authority may condition such consent upon an increase in the Rent up to the then
existing fair market value, and may require other conditions or covenants before consenting to
any of the same. Such additional Rent, conditions or covenants shall be in accord with the terms
and conditions for similar agreements in effect at the Airport at the relevant time(s). If this
Agreement is assigned, sub-subleased, or otherwise transferred or delegated, all clauses herein
binding the parties hereto are also binding on any and all successors and/or assigns, unless
specifically authorized in writing by the Authority. No novation shall be authorized unless
expressly approved by the Authority and Tenant shall have a heavy burden proving actual
necessity for any partial or whole novation.
13. Notice of Default, Compliance and Termination.
a. Notice Required. The Authority's Executive Director shall provide the Tenant with written
notice of any determination of default. The written notice shall always grant Tenant a
reasonable time to cure the default(s), and Tenant may request additional time to cure, which
will not be unreasonably withheld or denied. Notice shall be deemed to have been actually
received by Tenant if (1) the Executive Director mails such notice to the Tenant's last known
mailing address irrespective of whether Tenant actually receives such notice, or (2) such
notice is posted on the Premises.
b. 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 irrespective of
how long the default may have existed.
Page 9 of 16
Immokalee Regional Airport - Non-Aviation Land A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
c. Agreement Remains Binding. All provisions of this Agreement remain binding upon the
Tenant while the Tenant is in default, and if this Agreement is terminated due to default by
Tenant.
14. Airport Development. Collier County and the Authority reserve the right to further develop the
Airport as it sees fit, without unreasonable interference or hindrance from Tenant.
15. Reserved Water, Gas, Oil, and Mineral Rights. The Authority reserves all water, gas, oil,
hydrocarbon and mineral rights in and under the surface of the Airport. However, the Authority
shall not conduct any operations on the surface of the Airport for the exploration, development or
recovery of the;: rights and substances reserved which would unreasonably interfere with the
Tenant's authorized use of the Premises and/or Tenant's other than existing rights to have access
to other parts ofthe Airport, without prior coordination.
16. Easements and Right of Way.
a. Existing Easements. This Agreement is subject to all existing right-of-ways and/or
easements of record and all other easements granted by the Authority or Collier County to any
other agreements or to other individuals and/or entities at the Airport, and to easements
retained by Collier County.
b. Authority's Right to Use Existing Easements. The Authority and Collier County retain the
right to locate utilities as necessary on existing and future utility easements on the Airport
provided the same does not unreasonably interfere with authorized operations and/or
authorized activities of Ten ant.
c. Easements to be Accessible. Tenant shall leave any utility easements upon the Airport open
and unobstructed. Authority reserves the right to record and convey additional perpetual
easements and rights-of-way for the construction, maintenance, removal and replacement of
any and all utility lines, manholes, and related facilities through, over, across and under the
Airport for the benefit of the Airport, Collier County and the Authority.
d. Authority's Right to Establish Easements. Collier County and or the Authority may at any
time and from time-to-time relocate, in whole or in part, any easement serving the Airport,
provided that such relocation does not diminish or permanently interrupt the rights or
operations of the Tenant nor increase the costs to be incurred by Tenant. The Authority may
temporarily interrupt operations and/or activities with respect to such Easements during the
period of relocation, and the Authority agrees to restore the Airport to a condition
substantially similar to the condition existing prior to any alterations thereto by the Authority.
No such interruptions shall be of a greater duration than is reasonable under the
circumstances.
e. Authority's: Right to Protect Aerial Approaches. The Authority reserves the right to take
such action as, in the judgment of the Authority, may be reasonably necessary to establish
and protect aerial approaches to the Airport against obstruction, including the right to prevent
persons from erecting or permitting to be erected any improvements on the Airport which
would constitute a hazard to aircraft. This right includes, but is not limited to Florida law,
including Chapters 332 and 333, Florida Statutes, as it now exists or may be amended and/or
superseded, and all then existing, applicable Federal laws, rules and regulations.
Page 10 of 16
Immokalee Regional Airport - Non-Aviation Land 1 A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
17. Security and Safety. Tenant will fully and freely participate in the Authority's security and
safety programs as they relate to their operation and the safety and security of the Airport.
18. Airport Access. Subject to the rules and regulations established from time-to-time by the
Authority, the Tenant has the right of free access, ingress to and egress from those parts of the
Airport authorized for the Tenant's use by this Agreement. Such access also applies to the
Tenant's employees, agents, patrons and invitees, its suppliers of materials and furnishings of
services and its equipment, vehicles, and machinery. The Authority may, at any time,
temporarily or permanently close or consent to the closing of any roadway or other right-of-way
for such access, ingress, and any other area at the Airport or in its environs presently or hereafter
used as such. In such a case, a means of access, ingress and egress reasonably equivalent to that
formerly provided may be substituted and concurrently made available subject to the Airports
security and operational needs.
19. Limitation of Authority's Liability and Tenant's Remedies. Tenant agrees that Tenant nor
any other individual or entity shall have no claims whatsoever against the Authority or Collier
County for any damages incurred by Tenant or any other individual and/or entity arising or
occasioned by Tenant's inability to access or use the Premises or any of Tenant's improvements
thereon, for whatever reason, provided such inability to access or use of any part(s) of the sub-
leased premises and/or any improvement(s) thereon would not then exist but for wholly
unjustified action or wholly unjustified inaction of the Authority. Tenant agrees that its sole
remedy against the Authority for loss of use of the Premises and Tenant's improvements,
regardless of the reason for such loss of use or the duration thereof, shall be an abatement of the
Rent due hereunder, or cancellation of the term of this Agreement and reimbursement for the
original costs depreciated of the improvements as determined by an independent appraiser. If
such inability to access or use the Premises or Tenant's improvements thereon was the fault of
the Authority, as stated hereinabove, and such period exceeds thirty (30) days, the parties agree
that the Term of this Agreement shall be extended by the number of days that Tenant was unable
to access or use the Premises or Tenant's improvements.
20. Automobiles and Other Vehicles. The Authority reserves the exclusive right to control, by
security gate, uniform driving regulations, or otherwise, all vehicular ingress and egress to, and
operations on, the aircraft operating areas including but not limited to all taxiways, runways and
ramp areas on the Airport.
21. Termination of Agreement. At the conclusion of the Agreement's Term or subsequent
renewals, the facility and any improvements to the Premises automatically becomes the property
of Collier County upon such termination. In addition, the Authority may also require all
associated and permitted operations to cease and be removed from the Premises. This paragraph
shall not apply to Tenant's trade fixtures and/or Tenant's equipment provided each of the same
can be physically removed by Tenant without physical damage to the Premises, building and/or
structure, and each item is removed from the Premises prior to a scheduled Termination date of
this Agreement. If the Termination date of this Agreement is not scheduled (not known to
Tenant unless and until Tenant receives written Notice of the Termination date), removal of the
items after the date of Termination shall be negotiated.
~
(Tenant's Initials) Page II ofl6
Immokalee Regional Airport - Non-Aviation Land 1 A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
22. Applicable Law. This Agreement shall be controlled by the Laws of Florida and, as
applicable, Federal Laws.
23. Venue; Jurisdiction. Litigation, if any, and/or administrative proceedings, if any, regarding
this Agreement shall be conducted in the applicable Florida Court(s) in Collier County to the
greatest extent the issues are within the Court's jurisdiction.
24. Exhibits. Exhibits A, and B attached and made part of this Agreement:
A. EXHffilT "A" LEGAL DESCRIPTION OF PREMISES.
B. EXHIBIT "B" CERTIFICATE OF OCCUPANCY
IN WITNESS WHEREOF, The Collier County Airport Authority and Tenant have executed this
Agreement to be in effect as of the date first written below.
Effective date of this Agreement: q. IS. ot1
~pproved by ~urchasing epartment th~s ~ day of -Si-trlJ:Yl1-.kt , 200~. .:~.
SIgnature & TItle ----{'- . :u ,[tlT7 4 / j.tJ "SfJ.-e (, (.,:j:.{. -1 r
Approved by Risk M. ge ent this i7""" day of ~W ,2009.
Signature & Title ~ 5,t:: ~1a--'-e
TWO WITNESSES COLLIER COUNTY AIRPORT
Q~ ~ AUTHORITY
FIRST WITNESS
r
A I l i> 04i:-
'.~t Name /.. /,/
~.~
/~ a~/(.../
SECOND WITNESS
~JJP(~'t- \W ~~(( E'
. ;_~rint Name .
......,
.4TTEST:... TY COMMISSIONERS,
PWIG~T. ~~R...o.cK, Clerk TV, FLORID'Y _
~C1 ~ ,~ d~
... . '.J.. ... .(~4 c By. DO A FIALA, Chairman
At~C&rflW f.....,. ·
,1~..t.... .,,,
~";ti"., P'g' 12 of"
Immokalee Regional Airport - Non-Aviation Land 1 A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
TWO WITNESSES DEP ARTMENT OF MILITARY AFFAIRS
ARMORY BOARD
~~~ By: CfJAA-t~f)'K?/~
SIgnature
FIRST WITNES .JESSE O. KINGHORN, JR. ~
S()N/J~ t//fU?I-IA~ . Director of Fimmcial Management
Print Name & Title rr
Print Name
'/~ ?;r~
t/ EC6'ND WITNESS
Jad,/ 6fU-tJ.lC$
Print Name
Approved as to form
and legal sufficiency:
~ 7n~! ~/'smntCa1~ AHn:J
Heiei A <;!ht{)n-Cid~Q, Assistant County Attorney
$, I"'''"., Page 13 of 16
Immokalee Regional Airport - Non-Aviation Land 4A . ~
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
EXHIBIT "A" (Page 1 of 2)
Legal Description and Survey of sub-leased area to reflect 1,150,419.6 square feet.
PROPERTY DESCRIPTION
A PARCEL OF LAND WCATED IN SECTIONS J4 Il J5. TOtmSHIP 46 SOUTH, RANGE 29 CAST, AND SECTIONS 2 Il J.
TOWNSHIP 47 SOUTH, RANGE 29 EAST. COLLIER COVNTr. FLORIDA, BEING MORE PARTlCULARL r DESCRIBED AS fOLLOWS..
fJEfJIN A T THE NORTHEAST CORNER OF THE NDRTHWEST OUARTER af THE NDRTHWEST QlJARTER Of SECTION 2; TDWNSHIP
47 SOVTH. RANCE 29 EAST; THENCE RUN ALONG THE EAST UNE OF THE NORTH'KST QUARTfR Of THE NORTHKfST
QUARTER or SAID SECT/ON 2 SOUTH 01"01'06" EAST, fORA DISTANce or 481.29 fEET;THfNCE RUN SOUTH 88"58'49"
IIf"ST. FOR A DISTANCE DF I,J70.11 FEET; THENCE RUN NORTH 01"08'12. WEST, FoR A DISTANCE or 705.55 FEET;
THENCE RUN NORTH )6"JO'52" EAST, FOR A DISTANCE Of 171.34 FEEr; THENCE RUN NORTH 88"48'03- EAST. FOR A.
DISTANCE or 1,274.97 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER or THE SOUTHI'(E:ST QUARTER
ot SECTION JS, TOWNSHIP 46 SOUTH, RANGE 29 EAST; THENCE RUN ALONG SAID EAST LINE SOUTHOO72'19" WEST. FOR
A DISTANCE OF 364.20 FEET TO. THE POINT or BEGINNING, CONTAINING 1,150,J80 SQUARE FEET OR 26.41 ACRES, MORE
aR LESS.
NOTES
,. BEARINGS SHOWN HEREaN REFER TO THE SOUTH LINE DF THE SOUTHWEST OUARTER or SECTION 35, TOWNSHIP 46
SOUTH, RANGE 29 EAST; COWER COUNTY COUNTY, [LORIDA, AS BEING N 88'30.'22'; E.
2. THIS PRaPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RESTRICTlaNS aF REcaRD.
J. THIS SURVEY REFlECTS, ONl Y THE OBSERVABLE EVIDENCE OF THE CURRENT SITE IMPROVEMENTS AS or THE SURVEY
DA 7f.
4. THIS SURVEY MAP AND THE COPIES THEREaF, ARE NaT VALlO WITHOUT THE SIGNA TURE AND ORIGINAL RAISED SEAL OF
A LICENSED FLORIDA SURVEYoR AND MAPPER.
5. DIMENSIONS SHOWN HEREON ARE IN UNITED STA TES SURVEY FEET AND DECIMALS THEREOF.
6. ENVIRONMENTAL CONCERNS, ENDANGERED WILDLIFE AND JURISDICTIONAL WETlANOS, IF ANY, ARE NOT SHOWN ON THIS
SURVEY.
7 THIS PROPERTY IS LOCATED WITHIN FLOOD ZONt 0, IN WI1ICH FLOOD HAZARDS ARt UNDETERMINED, BUT POSSlBLf,
PER THE FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCt RATE MAP 1120067 0150 C. DATED NOVEMBER
17, 2005. HAVING A r7RM INDEX OATfO NOVEMBER 11, 2005. .
8. THIS CERTIFICATION IS ONLY FOR THE LANDS DESCRIBED HEREON, IT IS NOT A CERTlFTCATlON OF TlTl.E. ZONING,
SETBACKS OR FREEDOM DF ENCUMBRANCES.
9. ANY AODtnONS AND/OR DELETIONS TO. THIS SIJRIlfY MAP aR REPORT BY OTHER THAN THE SIGNING PARTY aR
PARTIES. IS STRlcn Y PROHIBITED WITHOUT MflTtEN CONSENT.
10. THIS SURVEY DOES NOT DETfRMINE OWNERSHIP RIGHTS, IT REFLECTS OWNERSHIP EWOfNCE TO THE BtST or OUR
KNOWl.E()GE, REFER TO AN ATTORNEY AT LAW TO DETERMINE RIGHTS.
11. DA TE OF LAST FlEW WORK 7/8/09.
(f~"i'", Page 14 of 16
Immokalee Regional Airport - Non-Aviation Land
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority) 1 A
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
EXHIBIT "A" (Page 2 of 2)
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enant S ItJa s) Page '5 of 16
Immokalee Regional Airport - Non-Aviation Land l~ A
Military Government License and Sub-Lease Agreement
Collier County Airport Authority, Sub-Lessor (Authority)
Department of Military Affairs Armory Board, Sub-Lessee (Tenant)
EXIHBIT "B"
CERTIFICATE OF OCCUPANCY
Page 16 of 16
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IMMOKALEE eRA ~\L\~
Community Redevelopment Agency q II~p.9
i The place to Call Home!
~+
CRA Governinfl Board Collier County ~O (=tQ. if"
Commissioner Board of County Commissioners
James N. Coletta
Chair 3301 E. Tamiami Trail
Commissioner Naples, FL 34112
Tom Henning I
Commissioner \ September 15, 2009
Donna Fiala I
Dear Commissioners:
Commissioner \
Fred W. Coyle
I On August 19, 2009, at the regular meeting of the Immokalee Community
Commissioner
Frank Halas Redevelopment Agency Advisory Board and the Immokalee Master Plan
CRA AdvisorY Board and Visioning Committee, it was unanimously decided to offer this letter of
li confidence and support for the Airport Authority Board and the Executive
State Enterorise Zone Director.
Allencv Board
Fred N. Thomas, Jr. It is the opinion of the citizens as well as the committees that good
Chairman
Edward "Ski" Olesky progress has been seen at the Immokalee Airport. There is a
Capt. Tom Davis comprehensive list of accomplishments that has been provided to
Robert Balman
Ex -officio Commissioners by the Airport Authority Board. The CRA will not recite
Julio Estremera that list in this letter. However, vital infrastructure to address stormwater
Michael Facundo
Kitchell Snow has been completed; the Airport Master Plan has been approved by the
Floyd Crews FAA; the land for the runway extension is being purchased, a PUD is in its
Richard Rice
Ana Salazar final stages with CDES and zoning issues have been ironed out through
Rick Heers the draft Immokalee Area Master Plan Comp Plan Amendment.
James Wall
Eva Deyo
Master Plan & I Tantamount in importance to these many accomplishments is the
VisiooiDll Committee conscription of the U.S. Army National Guard to the Immokalee Airport.
Fred N. Thomas, Jr. This activity offers job, creates jobs, brings commerce to local businesses,
Chairman and builds confidence within the community. The positive potential offered
Edward (Ski) Olesky to the community by the presence of the Guard is limitless.
Clarence S. Tears, Jr.
Pastor Jean C. Paul Therefore, it is the recommendation of the CRA Advisory Board that the
Carrie Williams
Floyd Crews BCe maintain the Airport Authority Board, renew the contract for the
Pam Brown Executive Director and support the completion of the work activities
Rick Beers
Dick Rice already in progress. Thank you for your consideration in this matter.
Estil Null
CRA Staff Sincerely,
Penny Phillippi ~aS,Jr,
Executive Director
239.252.2310
Bradley Muckel
Project Manager Chairman
239.252.5549
Christie Betancourt
Administrative Assistant
239.252.2313
310 Alachua Street, Immokalee, FL 341.l2
239252.2310**Fax 239.252.3970 ** Cell 239285.7635
eCJll1YJ)_bjJli.p.Qij,ili:l.)lli~r.gI.)Vl1!;:1 * * \\'-\ ~,!.cl.).1 Litrsr(j . (;orll
--_>C. t .- "'. ._..",..,.,-.,--..,-",,-,~_., ~~~-,,,-^-,.,- ->.-..
-::It 'L\ A
q " ~Jc
FLORIDA WilDLIFE FEDERATION
Affiliated With National Wildlife Federation
Southwest Florida Office Office Phone: (239) 643-4111
2590 Golden Gate Parkway, Suite 105 Cell: (239) 784-5119
Naples, Florida 34105 Email: nancypayton@fwfonlineorq
September 14, 2009
Donna Fiala. Chair
Fred Coyle, Vice Chair
Jim Coletta
Frank Halas
Tom Henning
Collier County Board of Commissioners
Naples, Florida 34112
RE: September 15 Agenda Item #10A - RLSA Five-Year Review Amendments
Dear Commissioners:
Last April the Board of County Commissioners (Board) accepted the Five-Year Review Report by the Rural
Lands Stewardship Area (RLSA) Committee and directed that its recommendations move forward for
transmittal to the Florida Department of Community Affairs. However, it is difficult to make responsible
decisions without full knowledge of the costs, including compiling the needed data and analysis, and the time
necessary to assemble the transmittal package.
In order for the Board to have complete information, we understand that there are discussions regarding the
hiring of a consultant to provide a sufficiency review of the RLSA Committee's recommendations and that
the Eastern Collier Property Owners (ECPO) may be willing to help fund this important step.
The Federation strongly supports a sufficiency review of the RLSA Committee's recommendations and asks
that the Board at its September 15 meeting take action to hire Nancy Linnan, an attorney with Carlton Fields.
Ms. Linnan represented the county when the lUJSA plan was first enacted. She did an excellent job of
working with disparate stakeholders to resolve contentious issues.
We urge that Nancy Linnan be immediately engaged by Collier County to
. Do a sufficiency review of the RLSA Committee's recommended amendments; and
. Provide a cost estimate for her to prepare and process the RLSA amendments in a
special growth management cycle.
Once the Board has received Ms. Linnan's sufficiency review and cost estimate for a special growth
management amendment cycle, informed decisions can be made by all on how to move forward.
Sincerely,
~a. P.,~
Nancy A. Payton
Southwest Florida Field Representative
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Page 1 of 1
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From: David Farmer [dave@keystonellc.net]
Sent: Friday, September 11,20093:01 PM
To: HalasFrank; ColettaJim; CoyleFred; fiala_d; henning_t; muddj
Cc: BosiMichael
Subject: BCC RLSA-amendments
Attachments: image001.gif
RE: September 15, 2009 BCC Hearing Agenda Item lOA
Commissioners,
By way of this email, I am requesting the following be read into the public record for the above
agenda item.
On September 11, 2009 the Horizon Study Oversight Committee held its quarterly meeting. At the
meeting the Committee unanimously supported a motion to request that the BCC to move forward
with the Growth Management Plan (GMP) amendments proposed by the Rural Land Stewardship 5-
year Review Committee. The Committee unanimously supported an additional motion to authorize
this letter of support for the RLSA amendments.
The Horizon Study Oversight Committee was created by Resolution 09-38, for the explicit purpose
of maintaining the Collier Inter-Active Growth Model (CIGM) as a planning tool and to ensure the
position points identified by the Horizon Study are acted upon. The Committee has arrived upon
this position of support for moving the amendments through the process due to the impacts upon
growth and development in the eastern portion of the County and the impacts on the CIGM. These
impacts are directly related to the purpose of the Oversight Committee's responsibilities and
therefore the Committee felt it necessary to provide the BCC with the its position on the item.
Sincerely,
David Farmer, Chairman Horizon Study Oversight Committee
David H. Farmer, PE, AICP
12355 Collier Boulevard, Suite B
Naples, FL 34116
Office 239-263-1100, Cell 239-292-6081
ReCld my 610g
www.FlorldgDevelopmentNews.com
9/12/2009
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Inadvertently placed under
Agenda Item # 14A, this should
be Agenda Item should be
# 16D22
The corrected document has
been moved to the correct area
with the correct Agenda Item
# 16D22
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FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY: MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME~MIDDLE NAME NAME OF BOARD, COUNCil, COMMISSION, AUTHORITY, OR COMMITTEE
Fiala, Donna oard of County Commissioners
MAILING ADDRESS THE BOARD, COUNCil, COMMISSION, AUTHORITY OR COMMITTEE ON
3301 East Tamiami Trail WitCH I SERVE IS A UNIT OF:
COUNTY DCITY 1U COUNTY o OTHER LOCAL AGENCY
CllY
les Collier NAME OF POLITICAL SUBDIVISION:
Na Collier County
DATE ON WHICH VOTE OCCURRED MY POSITION IS
Ji:! ELECTIVE o APPOINTIVE
WHO MUST FILE FORM 88
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position, For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form,
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss, Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163,356 or
163.357, F.S" and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband. wife, brother, sister, father-in-law.
mother-in.law, son-in-law, and daughter-in-law, A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
. . T . . . . . . . . . . . . .
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
. . T . . . . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters, However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction,
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
. You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 88. EFF, 112000 PAGE 1
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~-~~~-~,~---~_..__...._-_.- --_....~ ------.-----.-...-..---
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APPOINTED OFFICERS (continued)
. A copy of the form must be provided immediately to the other members of the agency.
. The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You must disclose orally the nature of your conflict in the measure before participating,
. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes, A copy of the form must be provided immediately to the other members of the
agency, and the fom must be read publicly at the next meeting after the form is filed.
r DISCLOSURE OF LOCAL OFFICER'S INTEREST
I,Commissioner Donna Fiala , hereby disclose that on September 15, ,20~:
(a) A measure came or will come before my agency which (check one)
_ inured to my speciai private gain or loss;
_ inured to the special gain or loss of my business associate, ,
--X- inured to the special gain or loss of my relative, Todd Fiala ( son) Inspired Woodworking
_ inured to the special gain or loss of ' by
whom I am retained; or
_ inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Recommendation to award contracts for RFP 09-5248, "General contractors
for Rehabilitation of Residential structures for the Neighborhood
Stabilization Program", to various firms for activities funded through
the U.S. Department of Housing and Urban Development's Neighborhood
stabilization program.
'r ~\f\lll\Clr ,~ ~ ~u1 S~"'t"re ~ k
Date iled )
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - EFF, 1f2000 PAGE 2
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