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Resolution 2007-146 RESOLUTION NO. 2007 - 146 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, FINDING THAT THIS BOARD IS AUTHORIZED BY SECTION 125.38, FLORIDA STATUTES, TO SUB-LEASE TO THE FLORIDA ARMY NATIONAL GUARD, A TWENTY-FIVE (25) ACRE PARCEL OF LAND, MORE OR LESS, AT THE IMMOKALEE AIRPORT FOR A TERM OF TWENTY-FIVE (25) YEARS AT NOMINAL RENT; THAT SUCH USE BY THE NATIONAL GUARD WILL SERVE A PUBLIC OR COMMUNITY INTEREST AND WELFARE; THAT THIS LAND IS NOT NEEDED FOR COUNTY PURPOSES; THAT THE PURPOSE FOR WHICH THE LAND IS TO BE SUB- LEASED IS FOR THE NATIONAL GUARD TO CONSTRUCT AND OPERATE ITS READINESS CENTER (ARMORY); ALSO TO AUTHORIZE THE AUTHORITY'S EXECUTIVE DIRECTOR TO NEGOTIATE, AND BRING BACK TO THE BOARD FOR ITS APPROVAL, THE AGREED-UPON SUB-LEASE; ALSO, ALTHOUGH THE NATIONAL GUARD SHALL PAY ONLY A NOMINAL RENT, ALL FAIR MARKET VAULE RENT SHALL BE IMPUTED TO THE NATIONAL GUARD AND THE IMPUTED RENT SHALL BE WAIVED FROM THE MONEY LOANED BY THE BOARD TO THE AIRPORT AUTHORITY TO OPERATE THE IMMOKALLE AIRPORT. WHEREAS, the Florida Army National Guard (National Guard) has requested to sub-lease a twenty-five (25) acre parcel of land, more or less, at the Immokalee Regional Airport (Airport) under a nominal rent sub-lease agreement because its appropriated funding does not allow payment of more than nominal rent; and WHEREAS, The Collier County Airport Authority (Authority) is recommending that this Board authorize the Authority's Executive Director to negotiate, and bring back to the Board for its approval, an agreed-upon 25-year sub-lease agreement with National Guard for a twenty-five (25) acre parcel of land, more or less, at the Immokalee Regional Airport whereon the National Guard will promise in the sub-lease agreement to construct its Readiness Center (National Guard Armory); and WHEREAS, Section 125.38, Florida Statutes, reads in relevant part: If ... the state [of Florida) or any political subdivision or agency thereof, ...should desire any real.... property that may be owned by any county of this state or by its board of county commissioners, for public or community interest and welfare, then the... state or such political subdivision [or] agency... may apply to the board of county commissioners for a conveyance or lease of such property. Such board, if satisfied that such property is required for such use and is not needed for county purposes, may thereupon conveyor lease the same at private sale to the applicant for such price, whether nominal or otherwise, as such board may fix, regardless of the actual value of such property. The fact of such application being made, the purpose for which such property is to be used, and the price or rent therefor shall be set out in a resolution duly adopted by such board. In case of a lease, the term of such lease shall be recited in such resolution. No advertisement shall be required; and WHEREAS, the National Guard consists of members of the Army Militia within the Florida Department of Military Affairs created by Section 250.05, Florida Statutes, as an agency of Florida's government; and WHEREAS, the envisioned twenty-five (25) acre parcel of land is not being sought after as a sub-leased parcel by any other prospective tenant, is not needed for any county purpose and is required by the National Guard to construct and operate its Armory; and WHEREAS, it is anticipated that the activities and operations that will be created by the presence of the National Guard Armory on this 25-acre parcel of land at the Immokalee Airport will have many positive and beneficial impacts to the Airport, to the community of Immokalee, and to Collier County by creating recruiting, education and training support positions and by bringing to the community an Army unit that operates some of the most advanced military equipment in support of federal missions. Additionally, it will bring Soldiers postured to respond to the Governor's call to State Active Duty in response to emergencies or natural disasters to Collier County, which could include aviation related activities such as aircraft transport rescue and evacuation missions and readiness operations, including hurricane preparedness and supply delivery by aircraft; and WHEREAS, notwithstanding Section 125.38, Florida Statutes, this proposed sub-lease land agreement is subject to approval from the Federal Aviation Administration (FAA); and WHEREAS, FAA regulations require that the Airport Authority receive fair market value (FMV) rent for this sub-leased acreage; and WHEREAS, the BCC loans money to the Authority to enable it to operate the Airport; and WHEREAS, when it becomes financially able to do so, the Authority must repay the loaned money back to the BCC. After the loaned money is repaid to the BCC, the Authority may keep its retained earrings (profits) to operate the Airport. Therefore, to the extent that such loan balance is waived by the BCC, the earlier in time the Authority will be able to keep its profits and expend those profits at the Airport. To accomplish this end result it is recommended that the BCC waive the Authority's debt to the BCC by only the FMV rents that are to be imputed to the National Guard each sub-lease year in lieu of those rent payments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. That the Florida Army National Guard consists of members of the Army Militia and is within the Florida Department of Military Affairs created by Section 250.05, Florida Statutes, as an agency of Florida's government eligible to sub-lease the subject land at nominal rent; (Compare Florida AGO 081-11). 2. The purpose of the agreement is to sub-lease to the National Guard a twenty-five (25) acre parcel of land, more or less, at the Immokalee Airport for a term of twenty-five (25) years at nominal rent, and upon said land the National Guard shall construct and operate its Readiness Center (Armory). 3. That use by the National Guard to construct and operate its Armory on the subject land will serve a public or community interest and welfare; and this parcel of land is not needed for county purposes. 4. That the Authority's Executive Director is authorized to negotiate, and bring back to this Board for its approval, the agreed-upon 25-year sub-lease agreement. 5. That the BCC, subject to approval from the Federal Aviation Administration of the proposed sub-lease agreement, shall waive the Authority's debt repayable to the BCC by the fair market value rents that, but for Section 125.38, Florida Statutes, would be payable from the National Guard, all of which rent shall be imputed to the National Guard each sub-lease year in lieu of payment of such rent. , This Resolution is adopted after motion, second and majority vote favoring adoption this i GI.... day of June 2007. ATTEST Dwight E.'&Ock, Clerk ~'~ ~~l~~G - Depu~ CIArIC\_.... . Attest U\,~~,'- S;gnllta~ Oll~' Approved as'to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: dd U;#' JarAes Coletta, Chairman By: dOw.. rJ~ Thomas C. Palmer, ASSistant County Attorney