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Agenda 04/13/2021 Item #16G3 (Assumption Agreement & 4th Amendment w/Turbo Services Houston, Inc.)04/13/2021 EXECUTIVE SUMMARY Recommendation to approve (1) an Assignment and Assumption Agreement and (2) a Fourth Amendment to Long-Term Ground Lease and Sub-Lease Agreement extending the term of the Ground Lease up to nine years, by and between Collier County Airport Authority and Sulzer Turbo Services Houston, Inc. OBJECTIVE: To allow Sulzer Turbo Services Houston Inc. to assume an existing Long-Term Ground Lease and Sub-Lease Agreement (“Ground Lease”) entered into on April 1, 2011 between Turbo Services Inc. and the Collier County Airport Authority, and to extend the term of the Ground Lease by four years with an additional series of 5 one-year renewal options by executing a Fourth Amendment to the Long- Term Ground Lease and Sub-Lease Agreement (“Fourth Amendment”). CONSIDERATIONS: On April 1, 2011, the Collier County Airport Authority entered into a Ground Lease with Turbo Services Inc., for construction and operation of a testing facility for jet engines at the Immokalee Regional Airport. Sulzer Turbo Services Houston, Inc. (“Sulzer-TSH”) acquired the existing tenant and has requested that the Ground Lease be assigned to them and extended. Staff is recommending approval of an Assignment and Assumption Agreement (attached in the backup) by and between the Collier County Airport Authority and Sulzer-TSH assigning all rights, duties, benefits, and obligations under the Ground Lease first executed on April 1, 2011, as amended. Staff further recommends approval of the referenced Fourth Amendment (also attached in the backup) in order to extend the term of the Ground Lease four years, plus a series of 5 one-year options. FISCAL IMPACT: There is no fiscal impact associated with this item. Monthly rent and all applicable taxes will continue to be deposited in Airport Operating Fund (495), Immokalee Regional Airport Cost Center (192330). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: To approve an Assignment and Assumption Agreement assigning all rights, duties and benefits and obligations to Sulzer Turbo Services Houston, Inc. under a Long-Term Ground Lease and Sub-Lease Agreement dated April 1, 2011, and also approve a Fourth Amendment to the referenced Long-Term Ground Lease and Sub-Lease Agreement to extend the term up to nine years, and authorize the Chair to sign the attached Assumption Agreement and Fourth Amendment. Prepared by: Andrew Bennett, Interim Executive Manager, Collier County Airport Authority ATTACHMENT(S) 1. Assignment and Assumption Agreement (PDF) 2. Fourth Amendment to Long-Term Ground Lease(PDF) 3. Cert of Liability Insurance - Sulzer (PDF) 16.G.3 Packet Pg. 1396 04/13/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.3 Doc ID: 15443 Item Summary: Recommendation to approve (1) an Assignment and Assumption Agreement and (2) a Fourth Amendment to Long-Term Ground Lease and Sub-Lease Agreement extending the term of the Ground Lease up to nine years, by and between Collier County Airport Authority and Sulzer Turbo Services Houston, Inc. Meeting Date: 04/13/2021 Prepared by: Title: Legal Assistant – County Attorney's Office Name: Wanda Rodriguez 03/30/2021 4:13 PM Submitted by: Title: County Attorney – County Attorney's Office Name: Jeffrey A. Klatzkow 03/30/2021 4:13 PM Approved By: Review: Airport Authority Andrew Bennett Additional Reviewer Completed 03/30/2021 4:38 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 03/31/2021 8:10 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/31/2021 8:35 AM Growth Management Department Gene Shue Additional Reviewer Completed 03/31/2021 9:30 AM Growth Management Department Thaddeus Cohen Department Head Review Completed 03/31/2021 10:51 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/31/2021 12:25 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/31/2021 2:15 PM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 04/01/2021 10:58 AM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/01/2021 11:26 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/13/2021 9:00 AM 16.G.3 Packet Pg. 1397 16.G.3.a Packet Pg. 1398 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1399 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1400 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1401 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1402 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1403 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1404 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1405 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1406 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1407 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1408 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1409 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1410 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1411 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1412 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1413 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1414 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1415 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1416 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1417 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1418 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1419 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1420 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1421 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1422 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1423 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1424 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1425 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.a Packet Pg. 1426 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and Marco Island Executive Airport Immokalee Regional Airport Everglades Airpark 2005 Mainsail Drive, Suite 1 165 Airpark Boulevard P.O. Box 689, 650 EC Airpark Blvd Naples, FL 34114-8955 Immokalee, FL 34142 Everglades City, FL 34139 239.394.3355 239.657.9003 239.695.2778 239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax October 2nd, 2019 MR. TOM STOUT TURBO SERVICES INC 5445 NW 24TH STREET #2 MARGATE, FL 33061 RE: Fee Modification Dear Mr. Stout: Effective November 1, 2019, the monthly Land Lease rate will increase by 1.4% plus applicable Florida and Collier County sales taxes. Increases are based upon the latest Consumer Price Index – Urban Consumers listings published by the Bureau of Labor Statistics and are adjusted annually in accordance with your agreement and the Airport Authority rates and charges. For more information, please visit colliercountyfl.gov/AirportAuthority and select Policies and Documents for a listing of the airport’s current rates. The new lease rate, including Florida and Collier County sales taxes, will total $1,033.02. As a reminder, fees are due on or before the first day of each month without demand as invoices are sent as a courtesy. We encourage you to enroll in the electronic option to receive invoicing via email. To do so, please feel free to email me at Cynthia.Balterman@colliercountyfl.gov. We truly value you as a tenant and would like to take this opportunity to thank you for your continued patronage. If you have any questions, please do not hesitate to contact me. Kind Regards, Cynthia A. Balterman Accountant Cc: Justin Lobb, Airport Manager Andrew Bennett, Operations Supervisor – Immokalee Kate Whitson, Operations Supervisor – Marco Island Christopher Johnson, Finance Manager 16.G.3.a Packet Pg. 1427 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and COLLIER COUNTY AIRPORT AUTHORITY 2005 Mainsail Drive, Suite 1 Naples, FL 34114-8955 (239) 642-7878 Fax (239) 394-3515 www.collieraviation.com Marco Island Executive Airport Immokalee Regional Airport Everglades Airpark 2005 Mainsail Drive, Suite 1 165 Airpark Boulevard P.O. Box 689, 650 EC Airpark Blvd Naples, FL 34114-8955 Immokalee, FL 34142 Everglades City, FL 34139 239.394.3355 239.657.9003 239.695.2778 239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax July 15, 2020 Mr. Tom Stout, President Turbo Services 5445 N.W. 24th Street #2 Margate, FL 330363 Dear Mr. Stout: Re: Immokalee Regional Airport Long-Term Ground Lease and Sub-Lease Agreement One-Year Lease Extension Per your written request of July 15, 2020, the above referenced ground lease agreement shall be renewed for one year from July 31, 2020 to July 31, 2021. All other terms of the agreement shall remain in full force and effect. If you wish to extend this agreement beyond July 31, 2021, you will need to submit a formal request each subsequent year for the remaining renewal periods, in accordance with the agreement. Thank you for your continued tenancy at the Immokalee Regional Airport. Please do not hesitate to contact me if I can be of any further assistance. Sincerely, Justin Lobb Airports Manager Cc: Cynthia Balterman, CCAA Debra Brueggeman, CCAA Andrew Bennett, CCAA 16.G.3.a Packet Pg. 1428 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and From:Tom Stout To:LobbJustin Subject:LEASE RENEWAL Date:Wednesday, July 15, 2020 10:03:50 AM Attachments:image001.png EXTERNAL EMAIL: This email is from an external source. Confirm this is a trusted sender and use extreme caution when opening attachments or clicking links. Good Morning Justin; Turbo Services is requesting another one year extension on our test cell ground lease at 200 Airpark boulevard, Immokolee, Fl. Please let me know if this works and/or if you need anything else from me! Thx; Tom 16.G.3.a Packet Pg. 1429 Attachment: Assignment and Assumption Agreement (15443 : Assignment and Ground Lease Agreements between Airport Authority and 16.G.3.b Packet Pg. 1430 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1431 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1432 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1433 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1434 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1435 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1436 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1437 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1438 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1439 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1440 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1441 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport 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Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1449 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1450 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1451 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1452 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1453 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1454 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1455 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1456 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1457 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority 16.G.3.b Packet Pg. 1458 Attachment: Fourth Amendment to Long-Term Ground Lease (15443 : Assignment and Ground Lease Agreements between Airport Authority Holder Identifier : 7777777707070700077761616045571110747536226107744007740314443627133072771576067101020752637313257233007761404121577120076171044736555200735005560367531107273174032144022076727242035772000777777707000707007 7777777707070700073525677115456000766104003523157507423762603127111071367333560270110702336720753204007023327243172000070222263521621110713232725317310007122327242173110077756163351765540777777707000707007Certificate No : 570086581548 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 03/26/2021 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. PRODUCER Aon Risk Services South, Inc. Charlotte NC Office 1111 Metropolitan Avenue, Suite 400 Charlotte NC 28204 USA PHONE(A/C. No. Ext): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # (866) 283-7122 INSURED 24554XL Insurance America IncINSURER A: 25674Travelers Property Cas Co of AmericaINSURER B: 25658The Travelers Indemnity Co.INSURER C: INSURER D: INSURER E: INSURER F: FAX(A/C. No.):(800) 363-0105 CONTACTNAME: Sulzer Turbo Services Houston, Inc. 11518 Old LaPorte Rd LaPorte TX 77571 USA COVERAGES CERTIFICATE NUMBER:570086581548 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY LOC EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG X X X GEN'L AGGREGATE LIMIT APPLIES PER: $5,000,000 $5,000,000 $5,000 $5,000,000 $5,000,000 $5,000,000 A 07/01/2020 07/01/2021US00010299LI20A PRO- JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON-OWNED AUTOS ONLY BODILY INJURY ( Per person) PROPERTY DAMAGE (Per accident) X BODILY INJURY (Per accident) $5,000,000B07/01/2020 07/01/2021 COMBINED SINGLE LIMIT (Ea accident)TC2J-CAP-9D895220-TIL-20 EXCESS LIAB OCCUR CLAIMS-MADE AGGREGATE EACH OCCURRENCE DED UMBRELLA LIAB RETENTION E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT E.L. EACH ACCIDENT $5,000,000 X OTH-ERPER STATUTEC07/01/2020 07/01/2021 AOS UB7N8514192051RC 07/01/2020 07/01/2021 $5,000,000 Y / N (Mandatory in NH) ANY PROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER N / AN AZ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY If yes, describe under DESCRIPTION OF OPERATIONS below $5,000,000 UB6N6649782051K DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Pollution Liability coverage with Aggregate Limit of $5,000,000 is included in the above referenced General Liability policy as provided by Limited Pollution Liability Extension Endorsement, ISO Form, CG 24 15 10 01. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability policy. CANCELLATIONCERTIFICATE HOLDER AUTHORIZED REPRESENTATIVEBoard of County Commissioners of Collier County, Florida acting in its capacity as the Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples FL 34114 USA ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 16.G.3.c Packet Pg. 1459 Attachment: Cert of Liability Insurance - Sulzer (15443 : Assignment and Ground Lease Agreements between Airport Authority and Sulzer