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Item C19BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2012 Division: County Administrator Bulk Item: Yes Department: Airports Staff Contact Person/Phone #: Peter Horton, 809-5200 AGENDA ITEM WORDING: Ratification of the previously executed Federal Aviation Administration Grant #3-12-0044-030-2012 providing funding to " Obstruction Removal, Runway 25 Protection Zone (Phase 1 r- Lease buyouts and site preparation)" as more particularly described in the Project Application dated June 29,2012 at The Florida Keys Marathon Airport. ITEM BACKGROUND: Projects are being funded 90% by FAA, with match from Operating. PREVIOUS RELEVANT BOCC ACTION: Approval for the Mayor to execute Airport Grants from FAA and FDOT as received in order to meet deadlines, with ratification at next BOCC meeting, Item C-2, 5-19-2010. CONTRACT/AGREEMENT CHANGES: New grant. STAFF RECOMMENDATION: Approval. TOTAL COST: $166,667.00 INDIRECT COST: NA BUDGETED: Yes DIFFERENTIAL OF LOCAL PREFERENCE: NA COST TO COUNTY: None SOURCE OF FUNDS: FAA, Operating COST TO AIRPORT: $16,667.00 COST TO PFC: NA REVENUE PRODUCING: NA APPROVED BY: County Attorney X DOCUMENTATION: DISPOSITION: Included X AMOUNT PER YEAR: NA ^ OMB/Purchasing Risk Management Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Federal Aviation Administration ( FAA) Effective Date: Execution Expiration Date: Open Contract Purpose/Description: Grant providing funding to "Acquire Emergency Generator and Remove Obstructions (Runway 25 Protection Zone)" at The Florida Keys Marathon Airport Contract Manager: Peter Horton # 5200 Airports - Stop # 5 (name) (Ext.) (Department/ Stop) for BOCC meeting on: October 17, 2012 Agenda Deadline: October 2, 2012 Total Dollar Value of Contract: $166,667 Budgeted? Yes Grant: Yes - FAA County Match: Operating Estimated Ongoing Costs: n/a (not included in dollar value above) CONTRACT COSTS Current Year Portion: 0 Account Codes: pending set up for grant #044-030 ADDITIONAL COSTS For: CONTRACT REVIEW salaries, etc Changes Date In Needed Reviewer Date Out Yes No r�a� Airports Director lb / ( /f2. ( ) ( I ®/�/ I Z. Risk Management rv. % /-. ® e+er Ho n PV O.M.B./PurcTiasing/i y / ( ) (�' for sk Management 9 // County Attorney 09r a( ) rOMB Pedro Mercado / County Attorney Comments: JUNE 29, 2012 FLORIDA KEYS MARATHON AIRPORT ATTACHMENT "A" PROJECT PRE -APPLICATION (3-12-0044-030-2012) GRANT DESCRIPTION AND COST BREAKDOWN SHEET I. Grant Description A) Obstruction Removal RPZ/RW 25 — Lease buy out 11 hangars are located in the RPZ and need to be removed. First action is to buy out the leases to enable the airport to remove existing hangars to clear the RPZ. ..; Administration 1,200.00 Lease buy out 14,67 Project Application $ 900.00 Subtotal 16,7 Total $ 166,667 Entitlement Grant Request $ 150,000 Discretionary Grant Request $ 0 Total Grant Amount (90%) $ 150,000 Others (10%) $ 16,667 a N16 U.S. Department VP of Transportation Federal Aviation Administration August 17, 2012 Mr. Peter Horton Director of Airports 3491 South Roosevelt Boulevard Key West FL 33040 Dear Mr, Horton: RE: The Florida Keys Marathon Airport; Marathon, FL AIP Number 3-12-0044-030-2012 Grant Offer Orlando Airports District Office 5950 Hazeltine National Dr., Suite 400 Orlando„ FL 32822-5003 Phone; (407) 812-6331 Fax: (407) 812-6978 We are enclosing the original and one copy of a Grant Offer for AIP Project No. 3-12-0044-030-2012 for The Florida Keys Marathon Airport, in response to your Application for Federal Assistance dated June 29, 2012. Your acceptance of this Offer will constitute a Grant Agreement by which the government will participate in the allowable costs of the project amounting to $150,000 (Federal share). Once the authorized official has executed the Agreement and the official's signature has been notarized and sealed/stamped, the attomey for the Monroe County Board of County Commissioners must certify that the Sponsor's acceptance complies with local and state law and constitutes a legal and binding obligation on the part of the Sponsor. Please note that the Agreement is not legal unless the attorney signs it AFTER the Sponsor. If the terms of this Offer are satisfactory, please execute the document as soon as possible, but not later than August 31, 2012. To assist us in administrative reporting requirements, you are requested to notify this office by emailing a PDF of signature page of the grant immediately upon executing the grant. Only the original executed grant needs to be returned to this office. The remaining copy is for your file. Please allow anproximately 30 days after returnin fin l executed grant to this office before attempting any drawdowns from the -letter-of-credit gccount. If a drawdownis necessary before this time lease contact the Orlando_ Air arts Dis_ rict Office dor to initiating the draw. Sincerely, Bart Vernace P. E. Manager 2 Enclosures cc; w/enclosure (grant) FDOT/6 012 BY:Iv- Q? GRANT AGREEMENT U S Department of Transportation FedarafAviedon Admintstradon Date of Offer. August 17, 20112 Project Number: 3-12-0044-030-20rl2 Recipient: Monroe County Board of County Commissioners (Herein caged Sponsor) Airport The Florida Keys Marathon Airport OFFER to paj, as 111 Initel States- snare. following� 'Obsiructon Removal, Runway 25 Runway Prolection Zone (Phase 1 — Lease buyouts and site preparation)' as more particularly described In the Project Application dated June 29, 2012. The maximum obligation of the United States payable under this Offer shall be $1%000 for airport development it114"A"Wa"""416 0a.1 I W 64s 11 Aviation Act of 1958, `17 1 9 T W illt IWWW"visi amenueu, Luuw6u It 1110 provided by Title 49 of the United States Code, constituting the contractual obligations and rights of the United States and the Sponsor. UNITED STATES OF AMERICA 1 — FEDERAL AVIATION ADMINISTRATION 'dan, ®rAi�WrtDi ce The Sponsor agrees to accomplish the project in compliance with the terms and conditions contained herein and in the document 'Terms and Conditions of Accepting Airport Improvement Program Grants* dated April 13, 2012. The Sponsor specifically acknowledges that knowingly and willfully providing false information to the Federal Government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject the Sponsoes Designated Official Representative to fines, imprisionmeni or both if the U.S. Department of Justice determines the official acted outside the scope of histher duties. nd anfoe- C, Executed thlsgr.y.f 20 1) Name of Spo a n n ntai�e Signiaw—re olf Apon 'or' Designated 10M t �e �Te 0.6 Of Title T Title CERTIFICATE OF SPONSOR'S ATTORREY 01A-C 4V'Q acting as Attorney for the Sponsor do hereby cel rrmni A rpPment under the laws of the State of Floridar Further, PM F-IT-MERWTow Department of Transportation Federal Aviation Administration Terms and Conditions of Accepting Airport Improvement Program Grants This document was compiled from multiple government source documents. This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the Sponsor accepts a Grant Offer from the FAA that references this document. The FAA may unilaterally amend the terms and conditions by notification in writing, and such amendment will only apply to grants accepted after notification. L DEFINITIONS A. Sponsor —An agency that is legally, financially, and otherwise able to assume and carry out the certifications, representations, warranties, assurances, covenants and other obligations required in this document and in the accepted Grant Agreement. is Project —Work as identified in this grant Agreement. C. Primary Airport —A commercial service airport the Secretary of Transportation determines to have mora than 10,000 passengers boarding each year. D. "this grant" — In this document the term "this grant" refers to the applicable grant agreement or granl agreements that incorporate(s) these Terms and Conditions as part of the grant agreement. II. CER TIFICA TIONS Title 49, United States Code, section 47105(d), authorizes the Secretary to require certification from the Sponsor that it will comply with statutory and administrative requirements in carrying out a project under the AIP. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting this grant, the Sponsor certifies that each of the following items was or will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the Sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants. General standards for selection of consultant services within Federal grant programs are described in Title 49, Code of Federal Regulations (CFR), and Part 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100-14, Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. 1. Solicitations were (will be) made to ensure fair and open competition from a wide area of interest. 2. Consultants were (will be) selected using competitive procedures based on qualifications, experience, and disadvantaged enterprise requirements with the fees determined through negotiations. 3. A record of negotiations has been (will be) prepared reflecting considerations involved in the establishment of fees, which are not significantly above the Sponsor's independent cost estimate. 4. If engineering or other services are to be performed by Sponsor force account personnel, prior approval was (will be) obtained from the FAA. 5. The consultant services contracts clearly establish (will establish) the scope of work and delineate the division of responsibes between all parties engaged in carrying out elements of the project. 6. Costs associated or ineligible for AIP funding are (will be) clearly idened and separated from eligible items in solicitations, contracts, and related project documents. 7. Mandatory contact provisions for grant -assisted contracts have been (will be) included in consultant services contracts. B. The cost -plus -percentage -of -cost methods of contracting prohibited under Federal standards were not (will not be) used. 9. If the services being procured cover more than the single grant project referenced in this certification, the scope of work was (will be) specifically described in the advertisement; and future work will not be initiated beyond five years. B. Sponsor Certification for Project Plans and Specifications. AIP standards are generally described in Advisory Circulars 150/5100-6, Labor Requirements for the Airport Improvement Program; 150/5100-15, Civil Rights Requirements for the Airport Improvement Program; and 150/5100-16, Airport Grant Assurance One —General Federal Requirements. A list of current advisory circulars with specific standards for design or construction of airports, as well as procurementlinstallation of equipment and facilities, is referenced in standard airport sponsor Grant Assurance 34 in this document. 1. The plans and specifications were (will be) prepared in accordance with applicable Federal standards and requirements; so no deviation or modification to standards set forth in the advisory circulars, or State standard, is necessary other than those previously approved by the FAA. 2. Specifications for the procurement of equipment are not (will not be) proprietary or written so as to restrict competition. At least two manufacturers can meet the specifications. 1 The development included (to be included) in the plans is depicted on the airport Layout plan approved by the FAA. 4. Development that is ineligible for AIP funding has been (will be) omitted from the plans and specifications or otherwise identified to assure that no reimbursement will be made for the cost of the ineligible item(s). 5. The process control and acceptance tests required for the project by standards contained in Advisory Circular 150/5370-10 are (will be) included in the project specifications. 6. If a value engineering clause is incorporated into the contract, concurrence was (will be) obtained from the FAA. 7. The plans and specifications incorporate (will incorporate) applicable requirements and recommendations set forth in the Federally approved environmental finding. 8. For construction activities within or near aircraft operational areas, the requirements contained in Advisory Circular 150/5370-2 have been (will be) discussed with the FAA, as well as incorporated into the speccations; and a safety/phasing plan has FAA's concurrence, if required. 9. The project was (will be) physically completed without Federal participation in costs due to errors and omissions in the plans and specifications that were foreseeable at the time of project design. C. Sponsor Certification for EquipmentlConstruction Contracts. General standards for equipment and construction contracts within Federal grant programs are described in Title 49, CFR, Part 18.36. AIP standards are generally described in FAA Advisory Circular (AC) 150/5100-6, Labor Requirements for the Airport Improvement Program; 150/5100-15, Civil Rights Requirements for the Airport Improvement Program; and 150/5100-16, Airport Grant Assurance One -General Federal Requirements. Sponsors may use State and local procedures provided procurements conform to these Federal standards. 1 . A code or standard of conduct is (will be) in effect governing the performance of the Sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel are (will be) engaged to perform contract administration, engineering supervision, construction inspection, and testing. 3. Unless the FAA approved (has approved) otherwise, the procurement was (will be) publicly advertised using the competitive sealed bid method of procurement. 4. The bid solicitation clearly and accurately describes (will describe): a. The current Federal wage rate determination for all construction projects; and b. All other requirements of the equipment and/or services to be provided. 5. Concurrence was (will be) obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person/firm submits a responsive bid; b. The contract is to be awarded to other than the lowest responsible bidder; c. Life cycle costing is a factor in selecting the lowest responsive bidder; or a. Proposed contract prices are more than 10 percent over the Sponsor's cost estimate. 6. All contracts exceeding $100,000 require (will require) the following provisions: A bid guarantee of 5 percent, a performance bond of 100 percent, and a payment bond of 100 percent; b. Conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contact terms; and c. Compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), and Executive Order 11738. Mlcgz�,�� a. Compliance with the Copeland "Anti -Kick Back" Act; and b. Preference given in the employment of labor (except in executive, administrative, and supervisory positions) to honorably discharged Vietnam -era veterans and disabled veterans. 8. All construction contracts exceeding $2,000 contain (will contain) the following provisions: a. Compliance with the Davis -Bacon Act based on the current Federal wage rate determination; and b. Compliance with the Contract Work Hours and Safety Standards Act (40 USC 327-330), Sections 103 and 107. 9. All construction contracts exceeding $10,000 contain (will contain) appropriate clauses from 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375 on Equal Employment Opportunity. 10-w-w-r-on Act and 49 CFR 23 and 49 CFR 26 for Disadvantaged Business Enterprises. 11. Appropriate checks have been (will be) made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any U.S. Department of Transportation (DOT) element and appearing on the DOT Unified List. D. Sponsor Certification for Real Property Acquisition. General requirements on real property acquisition and relocation assistance are in Title 49, CFR, Part 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). Sponsor's attorney or other ■ has (will have) good and sufficient title and title evidence on property in the project. 2. If defects and/or encumbrances exist in the title that adversely impact the Sponsor's intended use of property in the project, they have been (will be) extinguished, modified, or subordinated. 3. If property for airport development is (will be) leased, the following conditions have been (will be) met: a. The term is for 20 years or the useful life of the project; b. The lessor is a public agency; and c. The lease contains no provisions that prevent full compliance with this grant agreement. 4. Property in the project is (will be) in conformance with the current Exhibit "A" property map, which is based on deeds, title opinions, land surveys, the approved airport layout plan, and project documentation. 5. For any acquisition of property interest in noise sensitive approach zones and related areas, property interest was (will be) obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For any acquisition of property interest in runway protection zones and areas related to 14 CFR 77 surfaces, property interest was (will be) obtained for the following: a. The right of flight; b. The right of ingress and egress to remove obstructions; and c. The right to restrict the establishment of future obstructions. 7. Appraisals prepared by qualified real estate appraisers hired by the Sponsor include (will include) the following: a. Valuation data to estimate the current market value for the property interest acquired on each parcel; and b. Verification that an opportunity has been provided the property owner or representative to accompany appraisers during inspections. for the offer of just compensation, and the written appraisals and review appraisal are (will be) available to FAA for review. 9. A written offer • ac,,- uire each•arcel was (will •_ presented to the property • for not less than the approved amount of just compensation. 10, Effort was (will be) made to acquire each property through the following negotiation procedures: a. No coercive action was (will be) taken to induce agreement; and b. Supporting documents for settlements are (will be) included in the project files. 11. If a negotiated settlement is not reached, the following procedures were (will be) used: a. Condemnation was (will be) initiated and a court deposit not less than the just compensation was (will be) made prior to possession of the property; and b. Supporting documents for awards were (will be) included in the project files. 12. If displacement of persons, businesses, farm operations, or non-profit organizations is involved, a relocation assistance program was (will be) established, with displaced parties receiving general information on the program in writing, including relocation eligibility, and a 90-day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses were (will be) provided within a reasonable time period for each displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance. General requirements for final acceptance and closeout of Federally funded construction projects are in Title 49, CFR, Part 18.50. The Sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of this grant Agreement and contract documents. 1. The personnel engaged in project administration, engineering supervision, construction inspection, and testing were (will be) determined to be qualified as well as competent to perform the work. 2. Daily construction records were (will be) kept by the resident engineer/construction inspector as follows: a. Work in progress b. Quality and quantity of materials delivered c. Test locations and results d. Instructions provided the contractor e. Weather conditions f. Equipment use g. Labor requirements h. Safety problems i. Changes required. 3 of 18 3. Weekly payroll records and statements of compliance were (will be) submitted by the prime contractor and reviewed by the Sponsor for Federal labor and civil rights requirements (Advisory Circulars 4, Complaints regarding the mandated Federal provisions set forth in the contract documents have been (will be) submitted to the FAA. 5. All tests specified in the plans and specifications were (will be) performed and the test results documented as well as made available to the FAA. 6. For any test results outside of allowable tolerances, appropriate corrective actions were (will be) 7. Payments to the contractor were (will be) made in compliance with contract provisions as follows: a. Payments are verified by the Sponsor's internal audit of contract records kept by the resident engineer; and b. If appropriate, pay reduction factors required by the specifications are applied in computing final paynI and a summary of pay reductions are made available to the FAA. 8. The project was (will be) accomplished without significant deviations, changes, or modifications from the approved plans and specifications, except where approval is obtained from the FAA. 9. A final project inspection was (will be) conducted with representatives of the Sponsor and the contractor, and project files contain (will contain) documentation of the final inspection. 10. Work in this orant agreement was (will be) �L�v �uleted and corrective actions reguired as a result of the final ins-pection are completed to the satisfaction of the Sponsor. 11. If applicable, the as -built plans, an equipment inventory, and a revised airport layout plan have been (will be) submitted to the FAA. F. Sponsor Certification for Seismic Design and Construction. 49 CFR Part 41 sets forth the requirements in the design and construction of the building(s) to be financed with the assistance of the FAA. Compliance will be met by adhering to at least one of the following accepted standards� 1. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) including: a. The 1991 International Conference of Building Officials (IBCO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601; b. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5795; and c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building Code, published by the Southern Building Code Congress International, 900 Montclair Road, Birmingham, Alabama 35213-1206. 2. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. 3. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes in the direction of less seismic safety, meet the requirement of 49 CFR Part 41. G. Sponsor Certification for Drug -Free Workplace. General requirements on the drug -free workplace within Federal grant programs are described in Title 49, CFR, Part 29 and the Drug -Free Workplace Acl of 1988. Sponsors are required to certify they will provide, or will continue to provide, a drug -free workplace in accordance with the regulation. 1. A statement has been (will be) published notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Sponsor's workplace, and specifying the actions to be taken against employees for violation of such prohibition. 2. An ongoing drug -free awareness program has been (will be) established to inform employees about: a. The dangers ofdrug abuse inthe workplace; b. The Spmnsor'spolicy ofmaintaining adrug-free workplace; o. Any available drug counseling, rehabilitation, and employee assistance programs; and d. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. o. Each employee to be engaged in the performance of the work has been (will be) given a copy of the statement required within item 1above. 4. Employees have been hviU ua> notified inthe statement required by item 1 above that, aoacondition ofemployment under this grant, the employee will: a. Abide uythe terms o[the statement; and b. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute 5. The FAA will be notified in writing within ten calendar days after receiving notice under item 4b above from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of the employee, to the FAA. Notices shall include the project number of each affected grant. f. One of the following actions will be taken within 30 calendar days of receiving a notice under item 4b above with respect to any employee who is so convicted: a. Take appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency. 7. A good faith effort will be made to continue to maintain a drug -free workplace through implementation of items 1 through 6 above. MM If requested by the Sponsor and authorized by the FAA, the letter of credit method of payment may be used. It is understood and agreed that the Sponsor agrees to request cash withdrawals on the letter of credit only when actually needed for its disbursements and to timely reporting of such disbursements as required. It is understood that failure to adhere to this provision may cause the letter of credit to be revoked. N. Central Contractor Registration and Universal Identifier Requirements 1. Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. 2. Requirement for Data Universal Numbering System (DUNS) Numbers If you are authorized to make subawards under this award, you: a. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. b. May not make a subaward to an entity unless the entity has provided its DUNS number to you. 3. Definitions For purposes of this award term: a. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the CCR Internet site (currently at http.-&vww.ccrgov). b. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D&B) to uniquely identify business entities. A DUNS number may be obtained from D&B by telephone (currently 866-705-5711) or the Internet (currently at http.-Ilfedgov.dnb.comAvebform). c. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: 1 ) A Governmental organization, which is a State, local government, or Indian Tribe; 2) A foreign public entity; 3) A domestic or foreign nonprofit organization; 4) A domestic or foreign for -profit organization; and 5) A Federal agency, but only as a subrecipient under an award or subaward to a non -Federal entity. d. Subaward: 1) This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. 2) The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations")- A subaward may be provided through any legal agreement, including an agreement that you consider a contract. a. Subrecipient means an entity that: 1. Receives a subaward from you under this award; and 2. Is accountable to you for the use of the Federal funds provided by the subaward. 3. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 0. If this grant agreement includes pavement work that equals or exceeds $250,000, the Sponsor will perform the following: 1 . Furnish a construction management program to FAA prior to the start of construction which shall detail the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program shall include as a minimum: a. The name of the person representing the Sponsor who has overall responsibility for contrac) administration for the project and the authority to take necessary actions to comply with the contract. b. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. c. Procedures for determining that testing laboratories meet the requirements of the American Society of Testing Materials standards on laboratory evaluation, referenced in the contract specifications (D3666, C 1077). 1. Qualifications of engineering supervision and construction inspection personnel. a. Inspection date; b. Location; c. Distress types; ani d. Maintenance scheduled or performed. For drive -by inspections, the date of inspection and any maintenance performed must be recorded. 4. Information Retrieval. An airport Sponsor may use any form of record keeping it deems appropriateT SO long as the information and records produced by the pavement survey can be retrieved to provide a report to the FAA as may be required. 5. Reference. Refer to Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements and establishing an effective maintenance program. Specific types of distress, their probable causes, inspection guidelines, and recommended methods of repair are presented. Q. Takeover of Instrument Landing System and Associated Equipment in Project. If this grant includes an instrument landing system and associated equipment and the FAA has agreed to takeover the system R ff-Im. and equipment, the Sponsor must check the facility prior to its commissioning to assure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach, or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR part 77 determines that to be acceptable, and mark and light the runway, as appropriate. R. Airport -Owned Visual or Electronic NAVAIDS In Project. If this grant includes a visual or electronic navigational aid, the Sponsor must provide for the continuous operation and maintenance of any navigational aid funded under the AIP during the useful life of the equipment and check the facility prior to its commissioning to assure it meets the operational standards. The Sponsor must also remove, relocate, or lower each obstruction on the approach or provide for the adequate lighting or marking of the obstruction if any aeronautical study conducted under FAR Part 77 determines that to be acceptable, and mark and light the runway, as appropriate. The FAA will not take over the ownership, operation, or maintenance of any sponsor -acquired equipment other than an AIP-funded instrument landing system and associated equipment where FAA agrees to take over the system and equipment. S. Non-AIP Work in Application. It is understood and agreed by and between the parties hereto that notwithstanding the fact that a Project Application may include therein the construction of work not included in this grant agreement project description, said work shall not be a part of this project and, if or to the extent accomplished by the Sponsor, such accomplishment shall be without any participation in the costs thereof by the United States under this project. It is further understood and agreed that, in the event the work which is excluded from the project is accomplished by the Sponsor, the Sponsor shall maintain as a portion of the cost records covering this project, separable cost records pertaining to the above -identified work excluded from Federal participation under this project, which records shall be made available for inspection and audit by the FAA to the end that the cost of the excluded work may be definitely determined. It is further understood and agreed that the Sponsor will submit a Program Statementtcost estimate depicting the excluded costs or a cost estimate depicting only those costs eligible for Federal participation in this project. T. Utility Relocation in Project. It is understood and agreed by and between the parties hereto that the United States shall not participate in the cost of any utility relocation unless and until the Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costs. FAA participation will be limited to those utilities located on private right-of-way or utilities that exclusively serve the Airport. U. Revenue from Real Property — Land in Project. The Sponsor agrees that all net revenues produced from real property purchased in part with Federal funds in this grant shall be used on the airport for airport planning, development or operating expenses, except that all income from real property purchased for noise compatibility purposes or for future aeronautical use be used only to fund projects which would be eligible for grants under the Act. Income from noise or future use property may not be used for the Sponsor's matching share of any airport grant. Airport fiscal and accounting records shall clearly identify actual • and uses of these funds. V. Future Development Land. If this grant includes acquisition of land for future development, the Sponsor agrees to implement within five years of such grant the airport development that requires this land acquisition, unless the FAA agrees to a different duration. Furthermore, the Sponsor agrees not to dispose of the land by sale or lease without prior consent and approval of the FAA. In the event the land is not used within ten years for the purpose for which it was acquired, the Sponsor will refund the Federal share of acquisition cost or the current fair market value of the land, whichever is greater, unless the FAA agrees to a different duration. a property interest, satisfactory to the FAA, in the Runway Protection Zones: 1. Existing Fee Title Interest in the Runway Protection Zone: The Sponsor agrees to prevent the erection or creation of any structure or place of public assembly in the Runway Protection Zone, except for NAVAIDS that are fixed by their functional purposes or any other structure approved by the FAA. Any existing structures or uses within the Runway Protection Zone will be cleared or discontinued unless approved by the FAA. 2. Existing Easement Interest in the Runway Protection Zone: The Sponsor agrees to take any and all steps necessary to ensure that the owner of the land within the designated Runway Protection Zone will not build any structure in the Runway Protection Zone that is a hazard to air navigation or which might create glare or misleading lights or lead to the construction of residences, fuel handling and storage facilities, smoke generating activities, or places of public assembly, such as churches, schools, office buildings, shopping centers, and .• 3. Future Interest in the Runway Protection Zone: The Sponsor agrees that it will acquire fee title or less -than -fee interest in the Runway Protection • that presently are not under its control under an agreed schedule with the FAA. Said interest shall provide the protection noted in above Subparagraphs 1 and 2. III I II I I 1 11 MI EMME=1 agreement for work accomplished on privately owned land until the Sponsor submits the agreement with the owner of the property required by Assurance 5d of the ASSURANCES Airport Sponsors, and such agreement is determined to be satisfactory. As a minimum, the agreement with the private owner must contain the following provisions: IV. ASSURANCES of these Terms and Conditions: Ux= 1 . These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. E. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle V11, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "Sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of this grant offer by the Sponsor, these assurances are incorporated in and become part of this grant agreement. Pl��, �,� 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project. 0. Sponsor Certification. The Sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seg.' c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et-seq. d. Hatch Act— 5 U.S.C. 1501, et sec-L2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, etseq. 1 2 f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(q.1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c., h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et se-Q. i. Clean Air Act, P.L. 90-148, as amended. j. Coastal Zone Management Act, P.L. 93-205, as amended. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 I. Title 49, U.S.C., Section 303, (formerly known as Section 4(0) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d-4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et-seg. p. American Indian Religious Freedom Act, P.L. 95-341, as amended. q. Architectural Barriers Act of 1968 42 U.S.C. 4151, et secL.' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et_seg.1 t. Copeland Anti kickback Act - 18 U.S.C. 874.1 u. National Environmental Policy Act of 1969 - 42 U.S.C. 4321, et secL.' v. Wild and Scenic Rivers Act, P.L. 90-542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et seg .2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders S*svA�va #AA#�tvxLV1 Executive Order 11990 - Protection of Wetlands Executive Order 11998 — Flood Plain Management Executive Order 12372 - Intergovernmental Review of Federal Programs Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Constructi Executive Order 12898 - Environmental Justice I Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non -construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements). h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state 3 and local governments . L 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally -assisted programs of the Department of Transportation - effectuation of Title V1 of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. 1. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 1 2 m. 49 CFR Part 26 — Participation By Disadvantaged Business Enterprises in Department of Transportation Programs. n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (nonprocurement) and government wide requirements for drug -free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building coi,structioir.1 Office of Management and Budget Circulars a. A-87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A-1 33 - Audits of States, Local Governments, and Non -Profit Organizations ' These laws do not apply to airport planning sponsors. 2 These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A-87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for this grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under this grant agreement which it will own or control. 4. Good Title. public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the Sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which 11 of 18 :17M "qr te obtained. 5. Preserving Rights and Powers. i. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. 1) will take steps to enforce this agreement against the property owner whenever there is substantial non-compliance with the terms of the agreement. a. If the Sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that th-. airport will continue to function as a public -use airport in accordance with these assurances for thc _durakmi of ttese assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the Sponsor or an employee of the Sponsor, the Sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112-95 and the sponsor assurances. i. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11 . Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such OWSTAF. program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement managemen) programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public usd airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircrat otter than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to this grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which this grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under this grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a-276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into this grant agreement. 17. _Ptf,%tJPr,*_w_izaLwnervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the Sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the Sponsors employees to do all or any part of the project. In. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any for a Federal airport grant. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions, Any proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the Sponsor will have in effect arrangements for- 1 ) Operating the airporCs aeronautical facilities whenever required; 2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and 3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. is required to protect instrument and visual ope�r�tions to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. %&_Q;wvatible Land Use. It will take appLgo _,riate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the Sponsor will insert and enforce provisions requiring the contractor to- 1 ) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and 2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed -based operator that is authorized or permitted by the airport to serve any air carrier at such airport. e. Each air carrier using such airport (whether as a tenant, non tenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facties directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or non tenants and signatory carriers and non signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the Sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such 14 of 18 services by commercial aeronautical service providers authorized by the Sponsor under these provisions. h. The Sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The Sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. %KWAaWt1&Yve Ri�v hts. It will �ermit no exclusive ri,-!Iht for the use of the air1gLLtLY) or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. IT, "A.MMITT-01 a. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: 1 . If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. 2. If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20-year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. 3. Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112-95. b. As part of the annual audit required under the Single Audit is of 1984, the Sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public al reasonable times and places a report of the airport budget in a format prescribed by the Secretary; 15 of 18 b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of this grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: 1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and 2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. b. The total number of movements (counting each landing as a movement) of Government aircraft i 300 or more, or the gross accumulative weight of Government aircraft using the airport (the tot" movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of fiv million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connectio with any air traffic control or air navigation activities, or weather -reporting and communication activitie related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of th Sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenanc at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will b made available as provided herein within four months after receipt of a written request from the Secretar) 29. Airport Layout Plan. a. It will keep up to date at all times an airport layout plan of the airport showing (1) boundaries of th airport and all proposed additions thereto, together with the boundaries of all offsite areas owned c controlled by the Sponsor for airport purposes and proposed additions thereto; (2) the location an nature of all existing and proposed airport facilities and structures (such as runways, taxiway! aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions ( existing airport faces; (3) the location of all existing and proposed non -aviation areas and of E existing improvements thereon; and (4) all proposed and existing access points used to taxi aircra across the airport's property boundary. Such airport layout plans and each amendment, reon, ( modification thereof, shall be subject to the approval of the Secretary which approval shall t evidenced by the signature of a duly authorized representative of the Secretary on the face of tir airport layout plan. The Sponsor will not make or permit any changes or alterations in the airport ( any of its facilities which are not in conformity with the airport layout plan as approved by tl Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility i efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determin( adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property C or off the airport and which is not in conformity with the airport layout plan as approved by tf Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effe in a manner approved by the Secretary; or (2) bear all costs of relocating such property replacement thereo� to a site acceptable to the Secretary and all costs of restoring such property replacement thereo� to the level of safety, utility, efficiency, and cost of operation existing before tf unapproved change in the airport or its facilities, except in the case of a relocation or replacement an existing airport facility due to a change in the Secretary's design standards beyond the control the airport sponsor. 41C _ivil Rlisjhts. It will com 1111 with such rules as are promulgated to assure that no person shall, on 1:1 grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in ai activity conducted with or benefiting from funds received from this grant. This assurance obligates t Sponsor for the period during which Federal financial assistance is extended to the program, exc where Federal financial assistance is to provide, or is in the form of personal property or real property interest therein or structures or improvements thereon in which case the assurance obligates the Spon's or any transferee for the longer of the following periods: (a) the period during which the property is us for a purpose for which Federal financial assistance is extended, or for another purpose involving t provision of similar services or benefits, or (b) the period during which the Sponsor retains ownership possession of the property. 31. Disposal of Land. a. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the la when the land is no longer needed for such purposes, at fair market value, at the earliest practice 17uf18 C8. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that- 1. Describes the requests; 2. Provides an explanation as to why the requests could not be accommodated; and 3. Provides a time frame within which, if any, the airport will be able to accommodate the requests. b. Such report shall be due on either February 1 or August I of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. Airport Improvement Program Orlando Airports District Office Federal Assistance Request Checklist APPLICATION CHECKLIST Airport: FLORIDA KEYS MARATHON AIRPORT Sponsor: MONROE COUNTY, FLORIDA City, State MARATHON, FLORIDA Date of Application: JUNE 29, 2012 Cover Letter: X Letter of Credit method of payment requested. X Project(s) identified. (Any changes from previous meetings/discussions should be discussed prior to submission.) If pre -application, proposed application date identified. If application, any changes to requested amount are identified and reasons provided.. If application, identify if any changes have taken place on Exhibit "A" Property Map since last grant.. If application, identify if any changes have taken place on Exhibit "C" Title Opinion since last grant Application (Revise Pre -Application Documentation): X Standard Form 424—Application for Federal Assistance. X Detailed Project Information Sheet. X Individual Project Cost Breakdowns and Total Cost Summary. Bid Tabulations and Recommendation for Award. X Project Sketch — One for each or one drawing will all projects. X Environmental Determination Documentation for each project. X Individual Project Schedules. X Appraisals (Land Acquisition Projects). Independent Cost Estimates (Design Only or Construction Phase Services >$100K). APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED 6/29/2012 Applicant Identifier 1. TYPE OF SUBMISSION Application ❑ Construction ® Non -Construction Pre -application ❑ Construction ❑ Non -Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FEDERAL AGENCY I Federal Identifier 5. APPLICANT INFORMATION Legal Name: Monroe County, Florida Organizational Unit: Department: Board of County Commissioners Organizational DUNS: 15-563-9339 Division: Address: Name and telephone number of the person to be contacted on matters involving this application (give area code): Street: 3491 South Roosevelt Boulevard Prefix: Mr. First Name: Peter City: Key West Middle Name: J. County: Monroe Last Name: Horton I State: Florida zip code: 33040- Suffix: country: USA Email: Norton eter monroecoun# -fl. ov 6. EMPLOYER IDENTIFICATION NUMBER (EIN): 5 19— 16 10 10 10 17 1 4 19 Phone Number (give area code): 305-809-5200 Fax Number (give area code): 305-292-3578 8. TYPE OF APPLICATION: ❑New ❑Continuation ®Revision If Revision, enter appropriate letters) in box(es) (See Instructions for description of letters.) Other (specify) 7. TYPE OF APPLICANT: (See instructions for Application Types) B Other (specify) 9. NAME OF FEDERAL AGENCY: Federal Aviation Administration 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER: 2 10 a 1 0 6 TITLE Name of Program): Airport Improvement Program 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT: See Attachment "A" for descriptive titels 12. AREAS AFFECTED BY PROJECT (Cities, Counties, State, etc.): Marathon, Monroe County, Florida 13. PROPOSED PROJECT 14. CONGRESSINAL DISTRICTS OF: Start Date: 6/29/2012 Ending Date: 5/30/2013 a. Applicant 18th I b. Project 18th 15. ESTIMATED FUNDING: 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. Federal a. Yes.❑ THIS PREAPPLICATION WAS MADE AVAILABLE TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON DATE: b. No. ❑ PROGRAM IS NOT COVERED BY E.O. 12372 ® OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW b. Applicant $150,000 c. State d. Local e❑ Other $16,667 f. Program income 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? ❑ Yes If "Yes", attach an explanation. ❑ No g. TOTAL $166,667 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONlPREAPPLICATION ARE TRUE AND CORRECT. THE GOVERNING BODY OF THE APPLICANT HAS DULY AUTHORIZED THE DOCUMENT, AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Authorized Representative Prefix: Mr. I First Name: Peter Middle Name: J. Last Name: Horton Suffix: b. Title: Airport Director c. Telephone Number(give area code): 305-809-6200 d. Signature of Authorized Representative e. Date Signed: ::1 Previous Editions Usable Standard For424 (REV 9-2003) Authorized for Local Reproduction Prescribed by OMB CircularA-102 JUNE 29, 2012 FLORIDA KEYS MARATHON AIRPORT ATTACHMENT "A" PROJECT PRE -APPLICATION (3-12-0044-030-2012) GRANT DESCRIPTION AND COST BREAKDOWN SHEET I. Grant Description A) Obstruction Removal RPZ/RW 25 — Lease buy out 11 hangars are located in the RPZ and need to be removed. First action is to buy out the leases to enable the airport to remove existing hangars to clear the RPZ. II. Cost Breakdown B) Obstruction removal RPZ/RW 25 — Lease buy out Administration $ 1,200.00 Lease buy out $ 164,567 Project Application $ 900.00 Subtotal $ 166,667 Total $ 166,667 Entitlement Grant Request $ 150,000 Discretionary Grant Request $ 0 Total Grant Amount (90%) $ 150,000 Others (10%) $ 16,667 5 "n—, "zo; 0 W z �e 0 < EE < 0 IL 2 Airport: City, State: Project Title: Project Description: Project Justification: Special Circumstances: Project Cost Information: Detailed Project Information Sheet Airport Improvement Program Grant Application Florida Keys Marathon Airport Marathon, Florida Obstruction Removal RPZ/RW 25 — Lease buy out 11 hangars are located in the RPZ and need to be removed. First action is to buy out the leases. 11 hangars are located in the RPZ and need to be removed to conform to FAA Standards Am Total Cost (100%) FAA Share (90%) State (Insert %) Local (10%) $166,667 �$150,000 $Amnt $16,667 Type of Funding Proposed (FAA Share Only) Fund Type Funds Available Funds to be Used Funds Remaining P, NP, C, SA, D & FY $ Amnt $ Amnt $ Amnt (e.g., NP2012) P, NP, C, SA, D & FY $ Amnt $ Amnt $ Amnt (e.g., NP2012) P, NP, C, SA, D & FY $ Amnt $ Amnt $ Amnt (e.g., NP2012) Total $ Amnt $ Amnt $ Amnt Alternate Funding Plan: Entitlement Funds requested, if not available this project will be delayed. Florida Keys Marathon Airport Obstruction Removal RPZ/RW 25 — Lease Buy Out PROPOSED PROJECT SCHEDULE Proposed Proiect Elements Dates Completion of Plans Specifications & Engr. Report N/A Submit Plans and Specs to FAA N/A Advertisement of Project for Bids 12/01/12 Receipt of Bids 01/15/13 Submittal of Project Application to FAA 01/30/13 Execution of FAA Grant 03/30/13 Notice to Proceed to Purchase 05/30/13 Completion of Purchase 06/15/13 Final Inspection N.A. Project Close Out 09/15/13 DETERMINATION OF ENVIRONMENTAL IMPACTS Airport: Florida Keys Marathon Airport, Marathon, Florida Detailed Project Description (attach project drawing and additional pages as necessaiy): Obstruction Removal RPZ/RW 25 — Lease Buy Out. 11 hangars are located in RPZ and need to be removed. Is the proposed project(s) listed 1050.1 E? Please identify which paragraph(s): as categorically excluded in one or more of paragraphs 307-312of FAA Order In order for the FAA to determine the appropriate course of action, as a Categorical Exclusion, the sponsor must certifi- that the proposed action does NOT (1) involve any of the following circumstances, and does NOT (2) have a significant effect. A determination as to whether the proposed project (s) may have a significant environmental effect is made by considering any requirements applicable to the specific resource (see FAA Order 1050.1 F Appendix A). a. Have an adverse effect on cultural resources protected under the National Historic Preservation Act of 1966, as amended. b. Have an impact on properties protected under section 4(� of the Department of Transportation Act. c. Have an impact on natural, ecological (e.g. invasive species), or scenic resources of Federal, Tribal, State, or local significance (for example: Federally listed or proposed endangered, threatened, or candidate species or designated or proposed critical habitat under the Endangered Species Act), resources protected by the Fish and Wildlife Coordination Act; wetlands; floodplains prime, unique, State or locally important farmlands; energy supply and natural resources; and wild and scenic rivers, including study or eligible river segments and solid waste management. d. Cause a division or disruption of an established community, or a disruption of orderly, planned development or an inconsistency with plans or goals that have been adopted by the community- in which the project is located. e. Cause an increase in congestion from surface transportation (by causing a decrease in Level of Service below acceptable level determined by appropriate transportation agency, such as a highway agency). f. Have an impact on noise levels of noise -sensitive areas. g. Have an impact on air quality or violate local, State, or Federal air quality- standards under the Clean Air Act Amendments of 1990. h. Have an impact on seater quality, sole source aquifers, a public seater supply system, or State or Tribal seater quality- standards established under the Clean Water Act and the Safe Drinking Water Act. i. Have effect(s) on the quality- of the human environment that are likely to be highly controversial on environmental grounds. The term "controversial" means a substantial dispute exists as to the size, nature, or effect of a proposed Federal action. The effects of an action are considered highly controversial when reasonable disagreement exists over the project's risks of causing environmental harm. Opposition on environmental grounds by a Federal, state, or local government agency or by a Tribe or by a substantial number of the persons affected by the action should be considered in determining whether or not reasonable disagreement regarding the effects of a proposed action exists. j. Likelihood to be inconsistent with any Federal, State, Tribal, or local lase relating to the environmental aspects of the proposed action. k. Likely to directly, indirectly, or cumulatively create a significant impact on the human environmental, including, but not limited to, actions likely to cause a significant lighting impact on residential areas or commercial use of business properties, likely to cause a significant impact on the visual nature of surrounding land uses likely to be contaminated with hazardous materials based on Phase I or Phase II Environmental Due Diligence Audit (EDDA's), or likely to cause such contamination I certify that the project(s) described above meet(s) the test for a Categorical Exclusion in accordance with FAA Order 1050.1E and paragraphs a thru k above. Signature of Authorized Airport Representative Date FAA Determination (by program manager signature): Categorically Excluded: Date: Requires further environmental analysis: Date: ENVIRONMENTAL DETERMINATION CHECKLIST (FY 22) Airport: Florida Keys Marathon Airport, Marathon, Florida Proposed Project(s): Obstruction Removal RPZ/RW 25 — Lease Buy Out. 11 hangars are located in RPZ and need to be removed. Prepared and certified by: Eric S. Nielsen, P.E. Date: June 29, 2012 YES NO COMMENTS IS THIS PROPOSED PROJECT LISTED AS CATEGORICALLY EXCLUDED IN FAA ORDER 1050.1E, paragraphs 307-312 X THIS PROPOSED PROJECT WILL AFFECT: Coastal Resources X Section 4(f) Land X Farmland X Endangered or Threatened Species (Federal or State listed) X Floodplains X Hazardous Materials or Solid Waste Management X Historic/Architectural, Archaeological/Cultural Resources X Light Emissions or Cause Visual Impacts X Natural Resources or Energy Supply X Low Income or Minority- Populations or Children X Wetlands X Wild and Scenic Rivers (study or eligible) X THIS PROPOSED PROJECT IS LIKELY TO: Be highly controversial on environmental grounds including opposition by Federal, state, local, or Tribal or a substantial number of persons affected by the action. X Be inconsistent with any Federal, State, or local law relating to the environmental aspects of the proposed action. X Cause community- disruption or inconsistency with plans or goals that have been adopted by the communitv X Cause an increase of 1.5 DNL over noise sensitive areas X Displace persons or businesses X Disrupt local traffic patterns and substantially reduce levels of service (LOS) of roads serving the airport and surrounding communities X Result in a substantial loss in community tax base X Impact water quality, sole source aquifers, public water supply system, or state or tribal water quality standards X Impact or violate local, state, Tribal, or Federal air ualit�- standards X Attach detailed comments for all "yes" answers on a separate sheet, and explain your justification for a request for a determination of Categorical Exclusion. U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 11/30/2007 PART II PROJECT APPROVAL INFORMATION SECTION A Item 1. Does this assistance request require State, local, regional, Name of Governing Body: or other priority rating? Priority: ❑ Yes 0 No Item 2. Does this assistance request require State, or local Name of Agency or Board: (Attach Documentation) advisory, educational or health clearances? ❑ Yes 0 No Item 3. Does this assistance request require clearinghouse review (Attach Comments) in accordance with OMB Circular A-95? ❑ Yes 0 No Item 4. Does this assistance request require State, local, Name of Approving Agency: regional or other planning approval? Date: ❑ Yes 0 No Item 5. Check one: State Is the proposal project covered by an approved Local comprehensive plan? Regional ❑ Yes 0 No Location of Plan: Item 6. Name of Federal Installation: Will the assistance requested serve a Federal Federal Population benefiting from Project: installation? ❑ Yes �X No Item 7. Name of Federal Installation: Will the assistance requested be on Federal land Location of Federal Land: or installation? ❑ Yes �X No Percent of Project: Item 8. Will the assistance requested have an impact or effect on See instruction for additional information to be the environment? provided ❑ Yes �X No Item 9. Number of: Will the assistance requested cause the displacement of Individuals: Families: individuals, families, businesses, or farms? Businesses: ❑ Yes [Z No Farms: Item 10. Is there other related Federal assistance on this See instructions for additional information to be project previous, pending, or anticipated? provided. ❑ Yes �X No FAA Form 5100-100 (6-73) SUPERSEDES FAA FORM 5100-1 (9-03) Page 2 INSTRUCTIONS FOR 5100-100 PART II A Project Approval Information Negative answers will not require an explanation unless the federal agency requests more information at a later date. Provide supplementary data for all "Yes" answers in the space provided in accordance with the following instructions. Item 1 - Provide the name of the governing body establishing the priority system and the priority rating assigned to this project. Item 2 - Provide the name of the agency or board which issued the clearance and attach the documentation of status or approval Item 3 - Attach the clearinghouse comments for the application in accordance with the instructions contained in Office of Management and Budget Circular No. A-95. If comments were submitted previously with a preapplication, do not submit them again but any additional comments received from the clearinghouse should be submitted with this application. Item 4 - Furnish the name of the approving agency and the approval date. Item 5 - Show whether the approved comprehensive plan is State, local, or regional, or if none of these, explain the scope of the plan. Give the location where the approved plan is available for examination and state whether this project is in conformance with the plan. Item 6 - Show the Federal population residing or working on the federal installation who will benefit from this project. Item 7 - Show the percentage of the project work that will be conducted on federally -owned or leased land. Give the name of the Federal installation and its location. Item 8 - Briefly describe the possible beneficial and/or harmful impact on the environment because of the proposed project. If an adverse environment impact is anticipated, explain what action will be taken to minimize the impact. Federal agencies will provide separate instructions if additional data is needed. Item 9 - State the number of individuals, families, businesses, or farms this project will displace. Federal agencies will provide separate instructions if additional data is needed. Item 10 -Show the Federal Domestic Assistance Catalog number, the program name, the type of assistance, the status and amount of each project where there is related previous, pending, or anticipated assistance. Use additional sheets, if needed Paperwork Reduction Act Statement: The information collected on this form allows sponsors of public use airports or public agencies to apply for one or more projects in a form prescribed by the Secretary of Transportation. Title 49, United States Code (U.S.C.), Section 47105, identifies the information required to apply for this program. The forms prescribed to meet this requirement are developed to provide a comprehensive format that allows sponsors to provide the data needed to evaluate the request for funds. The burden for each response is estimated to be 28 hours. Approved applications benefit the sponsor by providing Federal funding to protect the Federal interest in safety, efficiency, and utility of the Nation's airport system. No assurance of confidentiality can be given since these become public records. If you wish to make any comments concerning the accuracy of this burden estimate or any suggestions for reducing this burden, send to Federal Aviation Administration, ARP-10, 800 Independence AVE, SW, Washington, DC 20591. Please note that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number, which is 2120-0569 for this collection. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave SW, Washington, DC 20591, Attn: Information Collection Clearance Officer, ABA-20 U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II - SECTION C The Sponsor hereby represents and certifies as follows: 1. Compatible Land Use. - The Sponsor has taken the following actions to assure compatible usage of land adjacent to or in the vicinity of the airport: 2. Defaults. - The Sponsor is not in default on any obligation to the United States or any agency of the United States Government relative to the development, operation, or maintenance of any airport, except as stated herewith: 3. Possible Disabilities. - There are no facts or circumstances (including the existence of effective or proposed leases, use agreements or other legal instruments affecting use of the Airport or the existence of pending litigation or other legal proceedings) which in reasonable probability might make it impossible for the Sponsor to carry out and complete the Project or carry out the provisions of Part V of this Application, either by limiting its legal or financial ability or otherwise, except as follows: 4. Consistency with Local Plans. — The project is reasonably consistent with plans existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 5. Consideration of Local Interest - It has given fair consideration to the interest of communities in or near where the project may be located. 6. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport which project is proposed. 7. Public Hearings. — In projects involving the location of an airport, an airport runway or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 8. Air and Water Quality Standards. — In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable and air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 3a U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART II - SECTION C (Continued) 9. Exclusive Rights — There is no grant of an exclusive right for the conduct of any aeronautical activity at any airport owned or controlled by the Sponsor except as follows: 10. Land. — (a) The sponsor holds the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport subject to the following exceptions, encumbrances, and adverse interests, all of which areas are identified on the aforementioned property map designated as Exhibit "A": The Sponsor further certifies that the above is based on a title examination by a qualified attorney or title company and that such attorney or title company has determined that the Sponsor holds the above property interests. (b) The Sponsor will acquire within a reasonable time, but in any event prior to the start of any construction work under the Project, the following property interest in the following areas of land* on which such construction work is to be performed, all of which areas are identified on the aforementioned property map designated as Exhibit "A": (c) The Sponsor will acquire within a reasonable time, and if feasible prior to the completion of all construction work under the Project, the following property interest in the following areas of land* which are to be developed or used as part of or in connection with the Airport as it will be upon completion of the Project, all of which areas are identified on the aforementioned property map designated as Exhibit "A" *State character of property interest in each area and list and identify for each all exceptions, encumbrances, and adverse interests of every kind and nature, including liens, easements, leases, etc. The separate areas of land need only be identified here by the area numbers shown on the property map. FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100(4-76) Page 3b U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PART III - BUDGET INFORMATION - CONSTRUCTION SECTION A - GENERAL 1. Federal Domestic Assistance Catalog No ................................. 20-106 2. Functional or Other Breakout .................................................... SECTION B -CALCULATION OF FEDERAL GRANT Cost Classification Use only for revisions Total Amount Required Latest Approved Amount Adjustment + or (-) 1. Administration expense $ $ $ 2. Preliminary expense 3. Land, structures, right-of-way 4. Architectural engineering basic fees 5. Other Architectural engineering fees 6. Project inspection fees 7. Land development 8. Relocation Expenses 9. Relocation payments to Individuals and Businesses 10. Demolition and removal 11. Construction and project improvement 12. Equipment 13. Miscellaneous 14. Total (Lines 1 through 13) 15. Estimated Income (if applicable) 16. Net Project Amount (Line 14 minus 15) 17. Less: Ineligible Exclusions 18. Add: Contingencies 19. Total Project Amt. (Excluding Rehabilitation Grants) $ 166,667 20. Federal Share requested of Line 19 $ 150,000 21. Add Rehabilitation Grants Requested (100 Percent) 22. Total Federal grant requested (lines 20 & 21) $ 150,000 23. Grantee share $ 16,667 24. Other shares 25. Total Project (Lines 22, 23 & 24) $ $ $166,667 FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 4 INSTRUCTIONS PART III SECTION A. GENERAL 1. Show the Federal Domestic Assistance Catalog Number However, show the total amounts for all programs in from which the assistance is requested. When more than one Section B of the basic application form. program or Catalog Number is involved and the amount cannot be distributed to the Federal grant program or catalog number 2. Show the functional or other categorical breakouts, if on an over-all percentage basis, prepare a separate set of Part required by the Federal grantor agency. Prepare a separate III forms for each program or Catalog Number. set of Part III forms for each category. SECTION B. CALCULATION OF FEDERAL GRANT When applying for a new grant, use the Total Amount Column only. When requesting revisions of previously awarded amounts, use all columns. Line 1 - Enter amounts needed for administration expenses Line 12 - Enter amounts for equipment both fixed and movable including such items as travel, legal fees, rental of vehicles and exclusive of equipment used in construction. For example, any other expense items expected to be incurred to administer include amounts for permanently attached laboratory tables, the grant. Include the amount of interest expense when built-in audio visual systems, movable desks, chairs, and authorized by program legislation and also show this amount laboratory equipment. under Section E Remarks. Line 13 - Enter amounts for items not specifically mentioned Line 2 - Enter amounts pertaining to the work of locating and above. designing, making surveys and maps, sinking test holes, and all other work required prior to actual construction. Line 14 - Enter the sum of Lines 1-13. Line 3 - Enter amounts directly associated with the acquisition of land, existing structures, and related right-of-way. Line 4 - Enter basic fees for architectural engineering services. Line 5 - Enter amounts for other architectural engineering services, such as surveys, tests, and borings. Line 6 - Enter fees for inspection and audit of construction and related programs. Line 7 - Enter amounts associated with the development of land where the primary purpose of the grant is land improvement. Site work normally associated with major construction should be excluded from this category and shown on line 11. Line 8 - Enter the dollar amounts needed to provide relocation advisory assistance, and the net amounts for replacement (last resort) housing. Do not include relocation administration expenses on this Line; include them on Line 1. Line 9 - Enter the estimated amount of relocation payments to be made to displaced persons, business concerns, and non- profit organizations for moving expenses and replacement housing. Line 10 - Enter the gross salaries and wages of employees of the grantee who will be directly engaged in performing demolition or removal of structures from developed land. This line should show also the cost of demolition or removal of improvements on developed land under a third party contract. Reduce the costs on this line by the amount of expected proceeds from the sale of salvage, if so instructed by the Federal grantor agency. Otherwise, show the proceeds on Line 15. Line 11 - Enter amounts for the actual construction of, addition to, or restoration of a facility. Also, include in this category the amounts of project improvements such as sewers, streets, landscaping, and lighting. Line 15 - Enter the estimated amount of program income that will be earned during the grant period and applied to the program. Line 16 - Enter the difference between the amount on Line 14 and the estimated income shown on Line 15. Line 17 - Enter the amounts for those items, which are a part of the project but not subject to Federal participation (See Section C, Line 26g, Column (1)). Line 18 - Enter the estimated amount for contingencies. Compute this amount as follows. Subtract from the net project amount shown on Line 16 the ineligible project exclusions shown on Line 17 and the amount, which is excluded from the contingency provisions shown in Section C, Line 26g, Column (2). Multiply the computed amount by the percentage factor allowed by the grantor agency in accordance with the Federal program guidance. For those grants, which provide for a fixed dollar allowance in lieu of a percentage allowance, enter the dollar amount of this allowance. Line 19 - Show the total amount of Lines 16, 17, and 18. (This is the amount to which the matching share ratio prescribed in program legislation is applied.) Line 20 - Show the amount of Federal funds requested exclusive of funds for rehabilitation purposes. Line 21 - Enter the estimated amounts needed for rehabilitation expense if rehabilitation grants to individuals are made for which grantees are reimbursed 100 percent by the Federal grantor agency in accordance with program legislation. If the grantee shares in part of this expense, show the total amount on Line 13 instead of on Line 21 and explain in Section E. Line 22 - Show the total amount of the Federal grant requested. Line 23 - Show the amount from Section D. Line 27h. Line 24 - Show the amount from Section D, Line 28c. Line 25 - Self-explanatory. U.S. DEPARTMENT OF TRANSPORTATION - FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 SECTION C - EXCLUSIONS Classification Ineligible for Participation 1 Excluded From Contingency Provision 2 a. $ $ b. C. d. e. f. g. Totals $ $ SECTION D - PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE 27. Grantee Share $ a. Securities b. Mortgages c. Appropriations (By Applicant) d. Bonds e. Tax Levies f. Non Cash g. Other (Explain) $16,667 h. TOTAL - Grantee share $16,667 28. Other Shares a. State b. Other c. Total Other Shares 29. TOTAL $ 16,667 SECTION E - REMARKS PART IV PROGRAM NARRATIVE (Attach - See Instructions) FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 5 INSTRUCTIONS PART III SECTION C. EXCLUSIONS Line 26 a-g - Identify and list those costs in Column (1), which are part of the project cost but are not subject to Federal participation because of program legislation or Federal grantor agency instructions. The total amount on Line g should agree with the amount shown on Line 17 of Section B. Show in Column (2) those project costs that are subject to Federal participation but are not eligible for inclusion in the amount used to compute contingency amounts as provided in the Federal grantor agency instructions. SECTION D. PROPOSED METHOD OF FINANCING NON-FEDERAL SHARE Line 27 a-g - Show the source of the grantee's share. If cash is Line 28b - Show the amount that will be contributed from other not immediately available, specify the actions completed to sources. If there is a non -cash contribution, explain what the date and those actions remaining to make cash available under contribution will consist of under Section E Remarks. Section E Remarks. Indicate also the period of time that will be required after execution of the grant agreement to obtain the Line 28c -Show the total of Lines 28a and 28b. This amount funds. If there is a non -cash contribution, explain what this must be the same as the amount shown in Section B, Line 24. contribution will consist of. Line 29 - Enter the totals of Line 27h and 28c. Line 27h - Show the total of Lines 27 a-g. This amount must equal the amount shown in Section B, Line 23. Line 28a - Show the amount that will be contributed by a State or state agency, only if the applicant is not a State or state agency. If there is a non -cash contribution, explain what the contribution will consist of under Section E Re -marks. SECTION E. OTHER REMARKS Make any remarks pertinent to the project and provide any other information required by these instructions or the grantor agency. Attach additional sheets, if necessary. PART IV PROGRAM NARRATIVE (Suggested Format) DEPARTMENT OF TRANSPORTATION -FEDERAL AVIATION ADMINISTRATION OMB NO.2120-0569 PROJECT: Obstruction Removal RPZ/RW 25 — Lease buy out AIRPORT: Florida Keys Marathon Airport 1. Objective: Buy out existing leases on hangars within the RPZ of RW 25 to clear the RPZ 2. Benefits Anticipated: Runway 25 RPZ without obstructions, conforming to FAA Standards. 3. Approach : (See approved Scope of Work in Final Application) Consultant's means and methods using standard purchasing practices 4. Geographic Location: This project will take place at the Florida Keys Marathon Airport, located on 9400 Overseas Highway, Marathon, Florida 5. If Applicable, Provide Additional Information: N/A 6. Sponsor's Representative: (include address & telephone number) Peter J. Horton 3491 South Roosevelt Boulevard Key West, Florida 33040 (305) 809-5200 FAA Form 5100-100 (9-03) SUPERSEDES FAA FORM 5100-100 (6-73) Page 6 INSTRUCTIONS PART IV PROGRAM NARRATIVE Prepare the program narrative statement in accordance with the following instructions for all new grant programs. Requests for supplemental assistance should be responsive to Item 5b only. Requests for continuation or refunding or other changes of an approved project should be responsive to Item 5c only. 1. OBJECTIVES AND NEED FOR THIS ASSISTANCE. Pinpoint any relevant physical, economic, social, financial, institutional, or other problems requiring a solution. Demonstrate the need for assistance and state the principal and subordinate objectives of the project. Supporting documentation or other testimonies from concerned interests other than the applicant may be used. Any relevant data based on planning studies should be included or footnoted. 2. RESULTS OR BENEFITS EXPECTED. Identify results and benefits to be derived. For example, include a description of who will occupy the facility and show how the facility will be used. For land acquisition or development projects, explain how the project will benefit the public. 3.APPROACH a. Outline a plan of action pertaining to the scope and detail of how the proposed work will be accomplished for each grant program. Cite factors, which might accelerate or decelerate the work, and your reason for taking this approach as opposed to others. Describe any unusual features of the project such as design or technological innovations, reductions in cost or time, or extraordinary social and community involvements. b. Provide each grant program monthly or quarterly quantitative projections of the accomplishments to be achieved, if possible. When accomplishments cannot be quantified, list the activities in chronological order to show the schedule of accomplishments and their target dates. c. Identify the kinds of data to be collected and maintained, and discuss the criteria to be used to evaluate the results and success of the project. Explain the methodology that will be used to determine if the needs identified and discussed are being met and if the results and benefits identified in Item 2 are being achieved. d. List each organization, cooperator, consultant, or other key individuals who will work on the project along with a short description of the nature of their effort or contribution. Give a precise location of the project and area to be served by the proposed project. Maps or other graphic aids may be attached. 5. IF APPLICABLE, PROVIDE THE FOLLOWING INFORMATION: a. Describe the relationship between this project and other work planned, anticipated, or underway under the Federal Assistance listed under Part II, Section A, Item 10. b. Explain the reason for all requests for supplemental assistance and justify the need for additional funding. c. Discuss accomplishments to date and list in chronological order a schedule of accomplishments, progress, or milestones anticipated with the new funding re -quest. If there have been significant changes in the project objectives, location, approach or time delays, explain and justify. For other requests for changes or amendments, explain the reason for the change(s). If the scope or objectives have changed or an extension of time is necessary, explain the circumstances and justify. If the total budget has been exceeded or if individual budget items have changed more than the prescribed limits contained in Attachment K, Office of Management and Budget Circular No. A-102, explain and justify the change and its effect on the project. APPRAISAL REPORT ,Sunvvar y Appraisal Report Property Type: Airplane Shade Hangars Located At: Florida Keys Marathon Airport 9400 Overseas Highway Marathon, Florida 33050 Prepared For: MR. REGGIE PAROS, MANAGER FLORIDA KEYS MARATHON AIRPORT 9400 OVERSEAS HIGHWAY, SUITE 200 MARATHON, FL 33050 Valuation Date: JANuARY I, 2011 Inspection Date: DECEMBER 23, 2010 Prepared By: James Wilson, MRICS, President Richard Padron, CCIM, MSA St. Cert. Gen. REA St. Cert. Gen. REA License No. RZ 2164 License No. RZ 544 APPRAISAL COMPANY OF KEY WEST 3229 Flagler Avenue, Suite 101 Key West, Florida 33045 OUR FILE NO.: 3 5 7-10 APPRAISAL OF KEY WEST CO3229 Fla, FloridaAvenue, Suite #101 Key Key West, F33045-2152 Telephone: (305) 296-4568 Fax: (305)296-0493 Website: fla-keysappraisals.com Email: jim@fla-keysappraisals.com March 8, 2011 Mr. Reggie Paros, Manager Florida Keys Marathon Airport 9400 Overseas Highway, Suite 200 Marathon, FL 33050 Subject: Appraisal Report Hangar One & Marathon Flying Club Shade Hangars Florida Keys Marathon Airport 9400 Overseas Highway, Suite 200 Marathon, FL 33050 Our File No.: 357-10 Dear Ms. Paros: We have performed a summary appraisal report to estimate the Leasehold Interest for the subject property, commonly known as the Hangar One & Marathon Flying Club Hangars, located at Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, Florida. The appraisers have personally examined and appraised the subject property for the purpose of reporting to you our opinion of the leasehold interest, as of January 1, 2011. The assumptions and the real estate referenced above are more clearly defined in the general and extraordinary assumptions and limiting conditions and in the property description section of this report. The attached limited appraisal process has been prepared to comply with our understanding of the requirements of the Uniform Standards of Professional Appraisal Practice. The subject property consists of two detached airport shade hangars leased from Monroe County, Florida Keys Marathon Airport. The hangars are located on the northeast corner of the airport adjacent to Aviation Boulevard. The Hangar One hangar measures about 95 feet along the taxiway by 32.5 feet in depth containing a total of 3,088 square feet and has two bays. The second hangar leased to Marathon Flying Club measures 427.5 feet along the taxiway by 33.0 feet in depth containing a total of 14,108 square feet and has nine bays. The site which is the subject of this report is a small portion of a larger parcel commonly known as the Florida Keys Marathon Airport owned by Monroe County. The appraisers performed a site -visit and personal walls through examination of the subject improvements with some measurements taken on -site, as well as the measurements taken from the site plan provided. There was no legal description provided as the leasehold is a small part of the overall airport property. The subject hangars consist of a total of 17,196 square feet which is a vary small part Mr. Reggie Paros, Manager Florida Keys Marathon Airport March 8, 2011 Page 2 of north easterly portion of the Marathon Airport. According to the Monroe County Property Card the subject property is only a very small part of a larger 67.50 acre parcel, commonly known as the Florida Keys Marathon Airport. For purposes of our valuation within this report, we have utilized the dimensions taken from the site plan with on -site verification. The site plan is included in the Addendum section of this report. The leasehold interest in the subject property includes the use of the common area identified as the Marathon Airport. Any deviations from these sizes may result in a change in value. This report contains the results of our investigation and analysis made in order to fiirnish an estimate of the Leasehold Interest of the subject property described herein, based on the Highest and Best Use. Leasehold Interest is defined as the interest held by the lessee (the tenant) through a lease transferring the rights of use and occupancy for a stated term under certain conditions. The reader is cautioned that a title search was not made; thus, no other encumbrances are considered herein. This evaluation does not consider any personal property. The subject property consists of two separate land leases for each of airport shade hangars from the Florida Keys Marathon Airport. This subject property's leases will terminate on March 19, 2017 and October 10, 2017. The two shade hangars have a total of 11 bays, with an average size of 1,563 square feet per bay which will accommodate a single engine or a small twin engine aircraft. Detailed descriptions of the improvements may be found within the report. The lease payments are monthly and the sublessee's have a nonexclusive use of the common area. Based on market analysis and research, it is our opinion that the Leasehold Interest of the subject property, commonly known as the Hangar One & Marathon Flying Club Hangars, located at Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, Florida, subject to definitions, assumptions and limiting conditions, as of January 1, 2011 is: ONE HUNDRED FIFTY-ONE THOUSAND DOLLARS ($ 151,000) This is a summary appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a summary appraisal report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. If you have any questions regarding this appraisal report, please feel free to contact us. Thank you for giving us the opportunity to provide this service for you. This transmittal letter must remain attached to the report, which contains 61 pages including related exhibits, in order for the value opinion set forth to be considered valid. Mr. Reggie Paros, Manager Florida Keys Marathon Airport March 8, 2011 Page 3 Respectfully submitted, James Wilson, MRIC S, President St. Cert. Gen. REA License No. RZ 2164 Report Attached: c:',comm-lo',comm-3s7-lo.Nx-I)d Richard Padron, CCIM, MSA St. Cert. Gen. REA License No. RZ 544 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport SUMMARY OF FACTS AND CONCLUSIONS Subject Property Address: Mile Marker 52+ Florida Keys Marathon Airport 9400 Overseas Highway Marathon, Florida 33040 Property Type: Airport Shade Hangars Land & Building Size: Subject Property Description Florida Keys Marathon Airport Hangar ' Type No. Tenant Size SF Hangar B a s Hanger One 1 3,0881 Shade 1 2 Marathon Flying Club 1 14,1081 Shade 1 9 Totals: 17,196 11 Site Description: Located on the northeast corner of Florida Keys Marathon Airport with approximately 522 linear feet of frontage along the taxiway, extending 33 feet in depth. Zoning: A, Airport District, City of Key West. Highest and Best Use: As Improved Leasehold Value: Cost Approach Not Applicable Income Approach $151,000 Sales Comparison Approach Not Applicable Value of the Leasehold Interest of the Subject $151,000 Property, as of January 1, 2011 (Rounded): Appraisal Compan.v o f Kce TT est Page 1 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport This valuation does not consider any personal property. Date of Site Visit: December 23, 2010 Valuation Date: January 1, 2011 Date of Report: March 8, 2011 Marketing Time: 2 to 6 months based on a list price within 5 percent of appraised value and based on stable economic conditions. Exposure Time: 2 to 6 months based on a list price within 5 percent of appraised value. Special Assumptions: The leasehold interest is based on the existing lease with the Monroe County, Florida Keys Marathon Airport, and all the terms and conditions within the leases. Appraisal Compan.v o f Kce TT est Page 2 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport SUMMARY APPRAISAL REPORT This is a summary appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a summary appraisal report. As such, it might not include full discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The reader is referred to the Scope of Work section of this report. The appraiser is not responsible for unauthorized use of this report. INTENDED USER/ CLIENT: APPRAISERS Mr. Reggie Paros, Manager Florida Keys Marathon Airport 9400 Overseas Highway, Suite 200 Marathon, FL 33050 Richard Padron, CCIM, MSA St. Cert. Gen. REA License No. RZ 544 James E. Wilson, NMCS, President St. Cert. Gen. REA License No. RZ 2164 SUBJECT: Hangar One & Marathon Flying Club Shade Hangars Florida Keys Marathon Airport 9400 Overseas Highway Marathon, Florida 33050 Appraisal Compan.v o f Kce TT est Page 3 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport PURPOSE AND INTENDED USE OF THE APPRAISAL The purpose of this appraisal is to estimate the Leasehold Interest for the subject property, commonly known as the Hangar One & Marathon Flying Club Hangars, located on the northeast corner of the Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, Florida, as of January 1, 2011. The intended use of this appraisal is to provide general information for the possible buyout of the leasehold interest in the subject property. The intended user is Mr. Reggie Paros, Manager, Florida Keys Marathon Airport, 9400 Overseas Highway, Suite 200, Marathon, FL 33050. VALUE DEFINITION Leasehold Interest is defined as the interest held by the lessee (the tenant) through a lease transferring the rights of use and occupancy for a stated term under certain conditions. The reader is cautioned that a title search was not made; thus, no other encumbrances are considered herein. PROPERTY RIGHTS APPRAISED This report contains the results of our investigation and analysis made in order to fiirnish an estimate of the Leasehold Interest of the subject property described herein, based on the Highest and Best Use. Leasehold Interest is defined as the interest held by the lessee (the tenant) through a lease transferring the rights of use and occupancy for a stated term under certain conditions. The reader is cautioned that a title search was not made; thus, no other encumbrances are considered herein. Appraisal C'ompan.v c? f Kce TT est Page 4 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport SUBJECT'S MARKET AREA (NEIGHBORHOOD) ANALYSIS The subject property is located in an urban, incorporated area commonly known as the City of Marathon, Florida. It is located approximately at approximately mile marker 48, approximately 43 miles northeasterly from the City of Key West, stretching across twenty-seven bridges. The property is located in a residential and commercial area providing all of the services necessary within an urban area. Being a main population area of the Middle Keys, Marathon offers much in terms of commerce, residential housing and service as well as industrial areas. This is an area of mixed zoning and uses which services the demands and requirements of the Middle Keys market. The subject property is located on the northeast corner of the Florida Keys Marathon Airport which has direct access along the Overseas Highway also known as U.S. Highway No.1, and extends to Aviation Boulevard across the rear. The commercial uses along U. S. Highway No. 1 include hotels, motels, restaurants, professional offices, hospital, retail shops and strip shopping centers, tourist -related businesses, service establishments, recreational and commercial marinas, marine related uses, and mobile home parks. The Marathon Airport is located about fifty-two miles northeasterly from the City of Key West. Marathon Airport is used for privately owned airplanes, as well as for light commercial traffic which services the population area. The airport was recently upgraded with a new terminal. Although the main commercial carrier at the Marathon Airport has ceased service, negotiations with a new provider are still underway. Rent concessions and other perks will have to be made in order to secure the new carrier. Marathon also offers the only substantially sized shopping district for the Middle Keys community, having two large commercial shopping centers, as well as many smaller strip shopping centers, utility company offices, Monroe County offices, schools, etc. Throughout the Florida Keys, only Key West and Key Largo provide a similar variety of services. The subject property is located on the westerly side of the "uptown" Business District. Marathon has developed steadily over the past ten years; this development accelerated as a result of the conversion of the Overseas Highway from a two-lane to a four -lane highway in the late 1980's and early 1990's through Marathon. General Economic Conditions: The Florida Keys and specifically Key West have flourished over the past two decades with tourism developing as the County's primary economic base. The County has had tremendous success with its advertising efforts and attraction of tourists of all Nationalities. Hotels and motel facilities in Monroe County have flourished over the pasted decade. However, due to the active hurricane seasons of 2004 and 2005, the Florida Keys experienced a decrease in tourism. Furthermore, the decline appeared to continue based upon the overall downturn of the economy and recession. According to the Chamber of Commerce research and interviews with local guest house owners, tourists are booking reservations Appraisal Compan.v o f Kce TT est Page 5 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport closer to their arrival dates, instead of reservations being made much more in the future. Per the Chamber of Commerce, passenger arrivals in August 2010 at the Key West International Airport were up approximately 27.2% as compared to August of last year. The level of activity is also the best first eight -months since 2007, according to the Economic Trends Report. Located approximately three miles east of Marathon, The Florida Keys Marathon Airport primarily serves a variety of general aviation activities. With its single 5,008-foot runway, the airport can accommodate general aviation business jet aircraft. The terminal is ideal for serving local users as well as those visiting the area. The airport's largest tenant is the Monroe County Sheriff Aviation Department followed by Federal Express and Marathon Jet Center, a fixed base operator (FBO). Air cargo and air taxi/charter operations are also common at The Florida Keys Marathon Airport. All of the activity supported by the airport's tenants is important to the airport's revenue streams and to the airport's economic impacts. The annual economic impact of The Florida Keys Marathon Airport is associated with direct impacts that come from tenants/businesses located at the airport and constriction projects that are undertaken by the airport or by on -site businesses. Indirect impacts are associated with spending from visitors who arrive in the area via general aviation aircraft. The Florida Keys Marathon Airport (MTH) Transport Statistics Based Aircraft Operational Statistics MTH Based Aircraft Aircraft based on field: 72 Single Engine Airplanes: 52 Multi Engine Airplanes: 12 Jet Engine Airplanes: 1 Helicopters: 6 Ultralights: 1 Operational Statistics Time Period: 2008-06-01 - 2009-05-31 Aircraft Operations: 181/Day Air Taxi: 5.9% General Aviation Local: 52.6% General Aviation Itinerant: 41.3% Military: 0.2% Based on the general economic environment, it is our opinion that increasing real estate values for commercial and residential properties will stabilize and eventually start to rebound, but at a reduced rate, Appraisal Compan.v o f Kce TT est Page 6 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport spurred by supply and demand forces within Monroe County, which is almost built -out. Tourism, the economic base of Key West and the Florida Keys, has experienced steady growth over the last two decades with recent declines observed due to the national economic conditions. Stabilization is forecasted in the near future, unless the national recovery takes longer than expected to recover. Monroe County has the lowest unemployment rate in the state of Florida at 1.9% prior to 2001. A faltering stock market over the past couple of years with rising fuel prices and the war on terrorism has spurred concerns. According to the national hospitality industry the next two years, 2012 and 2013, we should experience an increase in ADR and occupancy due to the decrease in the supply factor, thereby increasing the demand factor for existing establishments. Conclusion: In summary, the subject property is located in the Middle Keys where there is a concentration of services, employment and shopping. Only Key West and Key Largo offer similar services, each is located 40 to 50 miles away. Residential uses are located off the highway; these neighborhoods, as well as neighboring communities support the commercial businesses in the area. In 1994-1995, Monroe County moved some of its divisions to a new facility in Marathon; therefore, increasing the employment population which requires goods and services. Marathon's central location is appealing, especially with the increasing availability of services. The neighborhood may be undergoing an increase in desirability in the fiiture due to improvements with respect to goods and services and its accessibility to the mainland. Two such fairly recent developments, representative of Marathon's central region location, include the opening of Home Depot and Office Depot stores. In this case, the subject property is a unique ocean front property that is quite scarce in the Florida Keys. The surrounding strictures are generally well maintained in above average condition with the adjacent commercial strictures being well -maintained. However, there are many redevelopment projects in the area that are either totally stopped or in financial trouble. As the subject property is on one of the main highway through the Florida Keys, it is considered very viable for most any commercial, tourist oriented or transient use. We anticipate continued improvement in the general quality of the neighborhood, particularly with the increased demand for this type of property due to building and environmental restriction placed on all properties in the Florida Keys. On the following page is the Economic Trends, published by the Key West Chamber of Commerce, indicating the increase in air arrivals this year as compared to prior years. Appraisal Compan.v o f Kce TT est Page 7 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport Ecomomi ''.,. Key West International Airport Arrivals P ssongfr arrivals In August 2010 ',. January 2006 -August 2O10 totaled 18,800 which is up a robust ',. 27.2% from August or last year. 35„000 - Deptanamentsduring the first eight 3@'@@@ 1 month or 20 11 total 186,623 passengers, 'head. of the'61.,771 passengers it, t 2 25,000 arrived during the first eight months of m m 20,000 15" @ 1 f _) ease year by IS.d%, rhos levvi oractwity is also the hest first Ohio -month, since 2-0117. AarTrnnbe an service between 1 (' Kt) W.t and Orlando in December of 0 1@.@@@ ' lase year. 5,1F@@ i 1 j I This is now The MT11 straight month that @ F _ �( t �> 1 patcnper arrival totals are betterdean the same month inthe pre sans year.. Jan Feb Mar Apr May Jun Jut Aug Sep Oct Nov Dec During this strcteh, we have seen almost Source: Key West Internationel Airport 37,6110 more passengers, an increase or '.., 1 1. from prrvhats } our volumes.. '.., C2000 C32007 L32008 C32009 02010 '..., A total of 71,077 cruise ship passengers. '..., Key West Cruise Ship Passengers disembarked redo Ker West in ,August January 2d@t7-August 2010 2010, This N21.3% ahead oflast 120,00@.. ......... ......... ......... ........ ......... ......... ......... ......... August whieh saw 58,6051tassenpers disembark. 1@0,000 ......... fs,wae€tuxvvosions ......... .. For fhr Drst 8 mcrnihs of 2GI.11,. pnssrnger arrivars totaled ."i- 8.d78 o hich is below' ° B@•@@@ I I The tone period in 2009 b r 7.7^6e m 80,@9tt w a l j � 1� The e rinse xhfya xe9tvwinlflrnr September m _ r I I � that Nneemher compared with the same d, $ �'@«@@Gthree mnambs in 241119 is as sbo" a Who,: l Number of Ghic5 2Ul„il mop September 22. 25 I" - Oember 32 28 November 31 2s @ Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec '.. Source• city of Key West Port Operations Reported bed hts. eoaeelaotts for key '.,. West were S834,355 fin' duly, up 1.2.% O2008 O2007. 02008 02p49 02010 from dug} of V111% Since it's been nser 9Ytle year since The fourth peen} or lied . ....... .. ...... ....... ....... ...... ..... .... lax was added, this month is ate nppi -tu Key rarest Bed Tax Collections apples cootparium for cullecahYns. January 2006 - July 2010 For the first sheen months of 2010, lied tax eolloeTions wire 57.6 toilhaTT. as 1,400,,000 Increase of34.4 from the same seven — man lhs in 2009,. The add.. fourth 1,2011,001) 4M Penny TeX. Implemented 6MI09 peonyof twtzr tax included is This antoant °^ 1,0',000 is SIN million. Therefore, the first weven rem doh s Y 800,@@@ a 5811,@00 i 4 { i t i ii ly ( ( i months adjnstevl this rent would lx 55.7 million whieh is still 8.31 ahead 11f eke �r41 seven tmnuh'.!{Ir 2GG onan adjustl basis. a@@,m@a All According to SmithCraytl Research, 2@@,@@@ t i, occupancy during this first seven months I 1 1 1, of20 H) wan ,'84.5%, an increase fram the '{ - I --- nrcopancy rnTr'of83.1l duo ehesamc seven months in 2(109. `The .Average Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Daily time was ref oiled a1 �SZOI,95 her Source' Monroe 'Cooney Tex Collector thr same period it, 2010,up 7.1% from the,ADR of SIH 48 posiod for thefdrst ❑2:@®6 ❑2007 1 20@f1 O2@t38 ■2Di@ seven months o1`2009.. Appraisal Comp m. o f KCe3 TT est Page 8 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport The following average daily two-way traffic data was provided by the State of Florida Department of Transportation: AVERAGE DAILY TRAFFIC COUNTS 66 iSR 3AJS 1, 100' N 7 Mile Bridge 1 11,600 i 12,800 15,(X)Oi 12,700i 13,800i 13,300i 13,300i 11,20014,800 65 iSR 3AJS 1, 3230' N Ch umel 3 Bridgei 11,700 11,8(l)11,500 10,500 10,800 12,300 12,300 10,200 9,900 45 i SR 3AJS 1, 200' N Key Vaca Bridge ' 22,000' 24,5(l0' 24,500' 22,000' 25,500' 24,000' 29,000' 25,(100 30,000 Currently there were no other hangars offered for sale within the Florida Keys Marathon Airport. There are other hangars that are being offered for rent; however, there is about a two-year waiting list according to Mr. Brian Schmitt. Furthermore, there were no listings included in the Florida Keys MLS (Multiple Listing System). Appraisal Compan.v o f Kce TT est Page 9 StsmmarvA77raisal Re7ort Hangar One &Marathon Flving Chsb Hangars, Marathon Air7ort DEMOGRAPHICS In terms of demographic trends taking place in the Middle Keys, within a 14-mile radius of the City of Marathon has been compiled: 10600 Aviation Blvd, Marathon, FL 33050-3058 Ring: 12 miles radius Prepared by Richard Padron '.; summary 2000 2010 2015 Population 11,486 9,652 9,237 Households 5,,254 4,368 4,085 Families 3,130 2,554 2,355 Average Household Size 2.15 2.22 2.22 Owner Occupied Mousing Units 3,396 2,826 2,631. Renter Occupied Housing Units 1,858 1,542 1,454 Median Age 45.3 49.3 51...1 Population -1.28% 0,84 % 0.761Y. hlousi Ihulds -1.33% 0.83% 0.78% Families -1.61% 0.64% 0.64% Owner HHs -1.420Vo 0:89 /0 0.820/m Median Household income 3,67% 2.34% 2.361/. 2000 2020 2015 Households by income Number Percent Number Percent Number Percent <$15,000 965 18.5 k, 676 15.5% 543 13.3% $15,000- $24,999 720 13.8% 512 11.79/. 396 9.71a $25,000 $34,999 784 15.01Ic 552 12. 501: 415 10.2% $35,000 • $49,999 870 16.7 10 692 15,8% 537 13.1% $50,000 - $74,999 871 16.7% 859 19.7% 1,038 25.4% $75,000. $99,999 461. 8.8% 493 11.31/. 460 11.3% $100,000 - $149,999 240 4,6'rh 307 7.01 377 9.2% $150,000- $199,999 135 2.6% 126 2.9% 152 3.7 % $200,000+ 171 3.3% 151 3.5% 167 4.1% Median Household income $37,036 $44,130 $52,843 Average Household income $52,640 $60,923 568,350 Per Capita income $24,332 $27,299 $30,594 2000 2010 2G,15 Population by Age Number Percent Number Percent Number Percent 0.- 4 445 3.9% 351 3.6% 320 3.5% 5-9 517 4.5% 368 3.7 /. 334 3.61A 10 - 1.4 596 5,21A 421. 4.3% 388 4,2% is- 19 501. 4.4% 420 4.3°r 353 3.801 20 - 24 477 4.2% 413 4,2% 374 4.0% 25 - 34 1,268 11.0% 893 9.10/0 858 9.3% 35 - 44 1,872 15.3% 1,278 13.0 % 1,086 11.8 A 45 - 54 2,161 18.8% 1,856 18.8% 1,570 17.0% 55 - 64 1,585 13.8°y 1,839 18.70/ 1,745 18.91rm _. 65 - 74 - 1,205 -. 10.5'!0 _ 1,205 12.2% i,4i4 - 15.3% 75 - 84 592 fi.0 % 594 6.0% 586 6.3 V. 85+ 167 1..5% 214 2.2% 207 2.2% 2000 2010 2019 Race and lithnlciiy _. Number Percent Number Percent Number Percent White Alone 10,559 91.4%..., 8,962 91.0f..... 8,336 90.2%....: Black Alone 483 4.2% 420 4.3% 407 4.4% American Indian. Alone 37 0.3% 37 0.4% 37 0.4 Asian Alone 50 0.4% 63 0.6% 70 0.811b Pacific Islander Alone 4 0.0% 4 0.0 / 4 0.0% Some Other Race Alone 205 1.8% 211 2.1% 223 2A Two or Mare Races 148 1.3% 155 1. G0/. 160 1.7% Hispanic Origin (Any Race) 2,143 18.7% 2,320 23.5% 2,447 26.5% Data Note: Inccrne is expressed in current dollars Source: U.S. Bureau; of the census, 2000 C.cnSus of POP Ll I ation and Housino. LSRI forecasts fear 2010 and 2.015. February 23, 2011 Appraisal Comp in. o f Kce IT est Page 10 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport 10600 Aviation Blvd, Marathon, FL 33050-3058 Ring: 12 miles radius Trends 2010-2015 2.5-, Ls- U 5 75 c x -x 5 Population Households Population by Age Prepared by Richard Padron tirea state DI USA Owner MHs Median HH Income U-4 `w-N I.U-14 15-19 zu-L4 d5 :S4 5b-44 49-:34 SJ-t4 b.i-/4 /S-U4 d"t 2070 Household Income 2010 Population by Race V 5K -$99K s crr . ¢2a. t l.'f 9ti S i5K 549K 's'1% 5 12.6'fi x15K �i24x 5 LY45 WIK - $i1.4 $�SAk-$t49K z,az }2a3K- 3.sve ar V 9J <AISk_ 1�.59b 2010 Percert Hispanic Origin: 23.5% 2010 El 2015 Source: U.S, Bureau of the Census, 2000 Census of Population and Housing. 05R1 forecasts for 2010 and 2015.. February 23, 2011 Appraisal Comp in. gfKce ff est Page 11 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport MARKETING TIME Based on sales of comparable commercial property in the subject's market area, we have estimated 2 to 6 months marketing time if listed within 5.0 percent of the appraised value. The marketing time estimate is based on interviews of real estate agents and market time information for the comparable property. This marketing time could be negatively affected by competition from similar facilities. However, similar commercial properties are very marketable due to their desirable locations and limited supply. EXPOSURE TIME Exposure time considers the amount of time necessary to effect a sale of the subject property on the valuation date. In the case at hand, it is our opinion that the exposure time would be equal to the marketing time, based on a listing price within 5.0% of our appraised value. LEGAL DESCRIPTION We have made an appraisal report with respect to the previously referenced subject property, from the attached site plan, which is included as an addendum to this report. The subject properly is within the Florida Keys Marathon Airport and a legal description was not provided. OWNERSHIP The subject property is a leasehold with Florida Keys Marathon Airport. The subject property is owned by: Monroe Counry Florida 500 Whitehead ,Street Key West, Florida 33040 SALES HISTORY, CURRENT LISTING & SALES CONTRACT The Monroe County Property Record Card does not show any sales history for the subject property, as the property has historically been County -owned and operated as an airport. The subject property is not listed for sale in the local MLS (Multiple Listing Service), nor is it currently under contract for sale and purchase. According to an Agreement for Sale and Assignment, there was a sale of the leasehold Appraisal Compan.v o f Kce TT est Page 12 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport interest, of the west bay of the Hangar One leased property, on October 1, 2010 for a purchase price of $15,000. ZONING According to the City of Marathon Comprehensive Plan the subject property is zoned [A] Airport District. Airport District: The principal purpose of the Airport District land use category is to provide for the landing and take -off of aircraft, both public and private, and to provide for their storage and maintenance and the appurtenant area which is used for airport buildings or other airport facilities, rights -of -way, or other appropriate public uses. Residential uses are not permitted. The subject property is a legal conforming use with respect to use. Otherwise, the subject property appears to meet all zoning requirements. UTILITIES The subject property is serviced by public water and electric utilities. There is an individual electric meter and water meter at each of the two hangars. There were no bathroom facilities within the subject hangars. Florida Keys Marathon Airport provides public restrooms and commercial space. REAL ESTATE TAX ASSESSMENT AND BURDEN The subject parcel is a very small portion of the total 95.42 acre Florida Keys Marathon Airport and is not split -out. The subject improvement is included on the Monroe County Property Card for the airport but have not been split -out as separate parcels. As a result, this analysis is not applicable in the case at hand. DESCRIPTION OF THE SUBJECT PROPERTY Site Anal The appraisers relied upon the dimensions provided in the site plan attached to the Master Lease as Exhibit "A" attachment. The subject property consists of two detached airport shade hangars that are leased from Florida Keys Marathon Airport. The hangars are located on the northeast corner of the airport adjacent to Aviation Boulevard. The Hangar One hangar measures about 95 feet along the taxiway by 32.5 feet in depth containing a total of 3,088 square feet and has two bays. The second hangar leased to Marathon Flying Club measures 427.5 feet along the taxiway by 33.0 feet in depth containing a total of 14,108 square feet and has nine bays. The site which is the subject of this Appraisal Compan.v o f Kce TT est Page 13 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport report is a small portion of a larger parcel commonly known as the Florida Keys Marathon Airport owned by Monroe County. A summary of the two leases is included in the Income Approach section of this report. The total site area foot print of the subject property is 17,196 square feet per site plan. Hence, the average size per shade hanger is 1,563 square feet. A site plan is included in the Addendum section of this report. If and when a survey is made available and any discrepancies are noted due to site size, easements and/or encroachments subsequent to this valuation, we reserve the right to change the final indicated values herein. No responsibility is taken for the accuracy or questions concerning boundaries, encum- brances, or encroachments. Access: The subject property may be accessed by U.S. Highway No. 1, Overseas Highway, the main highway that provides access into and out of the Florida Keys. The Overseas Highway is a four -lane two-way thoroughfare that extends the South Florida mainland to Key West. There is a deceleration lane leading into the parking lot at the main terminal. The subject hangars are located within a secured fenced -in area which requires access thorough airport security. The subject property may also be access from Aviation Boulevard; however, due to airport security this access has been restricted. Easements/Encroachments: The above described site plan of the subject property did not indicate any encroachments or easements. However, the subject property is part of a larger tract; thus, has common ownership. The reader is advised to review the copy of the site plan within the Addenda section of this report. No responsibility is taken by this office for the accuracy or in regard to any questions on the nature of encroachments, encumbrances, or dissimilarities in measurement. We reserve the right to change the final indicated value herein if and when any discrepancies are found in regard to easements and/or encroachments. According Mr. Jim Anderson of the Tallahassee, Florida Division of the United States Census Bureau, Monroe County is not divided into Census Tracts; but rather `Block Numbering Areas." The subject property is located within Block Number 9710. The site is in a Special Flood Hazard Area, specifically Zone AE, Elevation T to 8', according to Federal Emergency Management Agency Flood Insurance Rate Maps of Monroe County, Florida, City of Marathon, Map Number 12087C1381K, dated February 18, 2005. There was no survey of the subject hangars that indicate the finished floor elevations. The subject improvements are built on grade and do not appear to meet FEMA elevation requirements. An Elevation Certificate for the subject stricture was not made available for the subject hangars. However, the subject stricture was built on government land, prior to the inception of FEMA regulations. Hence, it is assumed that they do not meet FEMA regulations. Appraisal Compan.v q f Kce TT est Page 14 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport Improvement Anal The appraisers performed a site visit and personal walls through examination of the subject improvements with some measurements taken on -site, as well as the measurements taken from the site plan provided that was included in the Lease as Exhibit "A" attachment. The subject improvements consist of some metal columns with metal beams and wood frame rafters, airplane hangars. The following description of the improvements was based upon a site visit of the shade hangar buildings. Subject Property Description Florida Keys Marathon Airport Hangar Type " Tenant Size SF Hangar No. Ba s Hanger One 1 3,0881 Shade 1 2 Marathon FIN -in Club 1 14,1081 Shade 1 9 Totals: 17,196 11 Hangar One & Marathon Flying Club Shade Hangars, Florida Keys Marathon Airport Element ` Description Basic Structure: One -Stop- Steel Frame with Wood Rafters, Free Span, Hangars 13.7 Feet Height at the apex Gross Building Area: Reference Above Use: Airplane Hangar Year Built: Unknown Foundation & Floor Structure: Concrete Footer Foundation with Slab on Grade Exterior Walls: None Exterior Doors: None Windows: None Roof Structure & Cover: Metal Frame with Wood Purlins with Metal Panels Floor Finish: Concrete Slab Interior Walls: None Interior Ceilings: Open Wood Purlins with Metal Roof Panels Electric Service: Appeared Adequate 60 Amp. Sen-ice Condition of Roof: The subject strictures were in average to fair condition. Neither a roof nor structural inspection reports were made available. The appraisers do not assume the responsibility for the condition of the roofs, nor the physical condition of the strictures without the benefit of an engineering report. Appraisal Compan7i o f Kce TT est Page 15 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport Fixtures & Equipment: This valuation does not consider any personal property. Construction Quality: Average Improvement Condition: Fair to Average Building Age: Actual Age: Unknown Effective Age: 20-25 Year Economic Life: 30 Years Remaining Economic Life: 5-10 Years Parking: The subject property has adequate on -site parking plus the adjacent airport parking lot. Environmental Issues: Environmental screening or audits of the subject property were not made available to the appraisers. Upon inspection of the property, no visible signs of environmentally hazardous materials were noted. The subject property is not listed on the Super -Fund List published by the Environmental Protection Agency; therefore, the appraisers do not know of any environmental hazards on the property. The appraisers are not experts in the field of environmental hazards. An expert in the field is recommended if desired, as no environmental tests were made by the appraisers. ADA Compliance: The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The restaurant stricture was built in 1980's and may not meet ADA standards. However, the appraisers have not made a specific survey or analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. The appraisers are not contractors and are not qualified to make a determination if the building adheres to the requirements. The property, together with a detailed analysis of the requirements of the ADA, could reveal that the property may or may not be in compliance with one or more of the requirements of the Act. If so, this fact could have an effect upon the value of the property. Appraisal C'ompato o f Kce TT est Page 16 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport Lot Coverage Ratios: Not Applicable Floor Area Ratio: Not Applicable Appraisal Compan.y o f Kce TT est Page 17 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport HIGHEST AND BEST USE In order to estimate the Highest and Best Use of the subject property, the appraisers have considered those uses that are physically possible, legally permissible, maximally productive, and financially feasible. "As If Vacant": According to the site plan provided, the subject site contains a total of 17,196 square feet, which is part of a larger tract within the Florida Keys Marathon Airport. The current zoning regulations have no minimum lot size requirement. The subject site appears to meet all the zoning criteria. Based on the current zoning, coupled with the limited number of sites in the subject's area, our opinion is that if the site were vacant and available, the Highest and Best Use would be for support services or airport ancillary uses with maximum utilization of the parcel. "As Improved": The existing improvements make a substantial contribution to the total property in excess of the value of the site. Hence, the existing airport ancillary use, shade hangar improvements represent the Highest and Best Use of the site, as improved, as of the date of this report. The subject is currently a legal conforming use. Appraisal Compan.v o f Kce TT est Page 18 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport SCOPE OF WORK APPRAISAL DEVELOPMENT AND REPORTING PROCESS There are three typical approaches to value to consider in each appraisal assignment. The three traditional approaches to value are the Cost Approach, the Sales Comparison Approach and the Income (Direct Capitalization and/or Discounted Cash Flow) Approach. The three approaches to value are not always applicable to the assignment; however, the three approaches to value are always considered. The appraisers performed a summary appraisal report, as defined by the Uniform Standards of Professional Practice. Data relevant to each of the approaches is developed and analyzed to produce a value from each of the approaches. Each of the approaches utilizes data that is gathered from the market place. Items of both similarity and dissimilarity in comparable properties are analyzed and adjustments are made for the differences. All appraisals begin by identifying the subject property (property to be appraised) and the appraisal problem. Data relevant to the subject property is obtained from various sources including but not limited to: the Monroe County Tax Assessor's Office, surveys, building plans and specifications and the property owner. If possible, more than one source is utilized to confirm information. Improvements, if applicable, are inspected and measured by the appraisers. If and when building plans or sketches are made available, the measurements are verified for accuracy. Land size is based on recorded plat maps, Monroe County public records, legal descriptions or surveys (when available). The local geographical market was researched and analyzed. The appraisers describe the building improvements in detail, if applicable; these descriptions are based on a walls through and/or plans and specifications, if available. The appraisers are not contractors nor structural engineers; therefore, stricture soundness or damage cannot be warranted. The appraiser will note any apparent or potential problems such as deferred maintenance, water damage or spalding. Exterior site visits of the comparable improved sales are always made; interior walls -through visits are made when possible, if applicable. Sales prices for the comparable sales are obtained from the public records or other sources available. Prices are customarily confirmed with a party to the transaction, i.e., buyer, seller, closing agent/attorney, or real estate agent. The public records are researched for mortgage terms and information when available. The comparable sales are researched utilizing First America Real Estate Solution and Realist.com, (FARES), Rapattoni a computerized MLS (Multiple Listing System). All sources use data from the Monroe County Property Appraiser's Office, as well as, from the public records. The data is verified and compiled into sale sheets located within this report. Additional data sources include: newspaper clippings and the National Multiple Listing Service. Real estate agents in the market area are Appraisal Compan.v o f Kce TT est Page 19 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport interviewed for the most current information on sales and listings. All of the information is analyzed in preparing the report and is utilized in supporting the indicated value. In the case at hand, the sales of these hangars are transferred as personal property and the leases are not recorded in the public records. In preparing this appraisal, the appraisers conducted a site visit of the subject property. Information on the comparable airport hangars were gathered, confirmed, and analyzed. The subject property, as of right, has limited use predominately for airport support services. Land prices have risen rapidly due to restrictions of the Monroe County building codes, permitting process and scarcity of undeveloped land sites thereby distorting the values of the any vacant site. The Cost Approach was not considered applicable, because the assignment is to determine the leasehold interest. In this case, the Sales Comparison Approach was not considered in estimating the leasehold value of the existing lease for the subject property, due to the lack of leasehold sales, as only two sales could be documented. The Income Approach was considered applicable and the most reliable, as the subject is a leasehold interest with Monroe County, Florida Keys Marathon Airport. Information on comparable rentals was gathered, confirmed, and analyzed. The appraisers did analyze the subject property in terms of its market value by the Income Approach using the Discounted Cash Flow Analysis, as the subject property is encumbered by a long term lease. Finally, the applicable indicated values developed by the approaches, are reconciled to produce the final estimate of value. There was only one comparable leasehold sale; hence, the Sales Comparison Approach was not deemed applicable. Thus, the value indication by the Income Approach for the subject property was totally weighted in the final reconciliation. A brief description of each of the approaches and valuations follows. This is a summary appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a summary appraisal report. This summary appraisal report is a brief recapitulation of the appraiser's analyses and conclusions. Supporting documentation is retained in the appraiser's file. Appraisal Compan.y o f Kce TT est Page 20 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport SUMMARY OF ANALYSIS AND VALUATION COST APPROACH The Cost Approach is based on the principle of substitution, the belief that a purchaser would not pay more than the cost of acquiring a similar site plus the cost of constriction of a replica or similar stricture. The Cost Approach is based on the understanding that market participants relate value to cost. In the Cost Approach, the value of a property is derived by adding the estimated value of the land to the current cost of constricting a reproduction or replacement for the improvements and then subtracting the amount of depreciation (i.e., deterioration and obsolescence) in the strictures from all causes. Incentive for coordination by the entrepreneur is included in the value indication. This approach is particularly useful in valuing new or nearly new improvements and properties that are not frequently exchanged in the market. Cost Approach techniques can also be employed to derive information needed in the Sales Comparison and Income Approaches to value. The current costs to constrict the improvements can be obtained from cost estimators, cost estimating publications, builders and contractors. Depreciation is measured through market research and the application of specific valuation procedures. Land value is estimated separately in the cost approach. The land value is determined by analyzing recent sales of vacant tracts within the subject's market area. Cost Analysis: Typically, the Cost Approach can be employed when valuing similar use properties. In the case at hand, the subject property is a leasehold estate of private airplane shade hangars, a long-term land lease. Hence, we have deemed the Cost Approach not to be applicable as the land is not owned in Fee Simple. Appraisal Compan.v o f Kce TT est Page 21 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport THE SALES COMPARISON APPROACH The Sales Comparison Approach is an appraisal technique in which the market value estimate is based on the prices paid in actual market transactions and current listings. The actual transaction will fix the lower limits of value in a static or advancing market and higher limit in a declining market. It is a process of correlation and analysis of similar properties that recently sold in the subject's market area. This approach is based upon the principal of substitution; that is, when a property is placed in the market, its value tends to be set at the cost of acquiring an equally desirable substitute property, assuming no costly delays in making the substitution. The Sales Comparison Approach bases its value indication on sales of other similar properties in the area. These sales are analyzed and compared to the subject property. The Sales Comparison Approach bases its value indication on recent leasehold sales that are pertinent to the value of the subject property. In the case at hand, there was only two sale of a leasehold interest could be documented. Though these sales were analyzed, there was not sufficient data in the market to consider the Sales Comparison Approach reliable in valuing. However, these sales were considered in support of the value indicated by the Income Approach. Discussion of Comparable Hangar Sales: According to interviews with hangar owner and existing tenants at the Marathon Airport, there is a great demand for hangar because of the limited supply. It was reported that their may be as much as a two year waiting list for hanger space. Hence, it appear that because of the lack of hanger space, prospective tenants will pay above market in order to secure a hangar. It appears that a very similar condition exist at the Key West International Airport, as well as other airport FBO's interviewed in South Florida. For instance, at Key West International Airport exiting T-hangars consisting of 1,447 square feet, have sold for $160,000, and a 3,000 square foot rectangular hangar sold for $500,000 in 2009. However, these leasehold's had about 28 to 30 years remaining. Appraisal Compan.v o f Kce TT est Page 22 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport THE INCOME APPROACH The Income Approach to value presumes that a buyer will not pay more for the subject property than the capitalized rental value attainable through ownership of the property. The buyer is willing to pay the present value of what he considers those future benefits to be. This approach is considered to be the strongest indicator of current fair market value when the property is purchased as an income -producing property having a reliable historical cashflow. In the case at hand, the Leasehold Values, present value of the existing leases is most accurately indicated by this approach. In the Income Approach, the Discounted Cash Flow Technique was utilized; the income analysis is based on the existing lease terms until expiration. The Discounted Cash Flow Technique takes into consideration the timing, frequency and magnitude of the income stream the property is expected to generate. This method is most appropriate for evaluation of the present value of the existing leasehold interest. In our Discounted Cash Flow, the analysis is based on the remaining holding period of the lease term. For the subject property, estimates are made of the gross income the subject property might generate. Then, estimates are made of vacancies and expenses which, when deducted from the property's gross potential income, result in the anticipated net operating income to be received during the projected holding period. This income stream is then discounted to a present worth at a rate commensurate with other investment alternatives in the market. The Income Approach was weighted totally in the final indicated Leasehold Value for the subject hangars. The leasehold interest is based truly on the net income that the subject property could generate during the remaining term of the lease. There is no revision value as at the end of the lease the improvements revert back to the lessor, Marathon Airport. Furthermore, in the case of the Hangar One lease, the lessee must remove the existing hangar from the premises. The subject property consists of a total of eleven (11) airplane shade hangar bays located within the Florida Keys Marathon Airport. The two leases terminate in 6.21 and 6.78 years, respectively, according to the lease terms. At the end of the lease term, the existing hangar has no residual value to the tenant, as it reverts back to the Florida Keys Marathon Airport or must be removed by the tenant. The leased fee value of the existing lease is about 68 to 77 percent of the market value of the leasehold. The reason that the leasehold is so valuable is because of the inelastic supply and great demand for private and small airplane hangars and storage. 1. Rental Income Analysis: In analyzing the subject's potential rental income, we have researched rental data for comparable hangars within the market area in order to project market rents. Market rents and terms for the subject are based on an analysis of current actual rents for similar com- Appraisal Compan. ofKce TT est Page 23 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport parable rental properties within the airport. We have detailed the market data from our investigation and analysis in order to furnish an estimate of the Fair Annual Market Rent for the subject property, based on current comparable rental data. Resume of Hanger Rentals Marathon Airport Rent Annual Size of Plane Per Month Rent Small Single Engine $500' $6,000 ------------------- Larger Single & T-,,-in Engine $6501 $7,800 Minimum $500 $6,000 Maximum $650 S7,800 Resume of Hanger Rentals Hangar at Key West International Airport Rent Annual Size of Plane Per Month Rent Small Single Engine $500!$6,000 --------------------------------------- Larger Single Engine 11 $70011 $8,400 -----------------r--------T------------ ---- Turbo Prop i $1_200— $14,400 ret's $1,300 $15,600 Minimum $500 $6,000 Maximum $1,300 $15,600 Homestead General Avaition T Hangers $650-$700 --------------- ------------------ Shade Hangers None Kendall-Tamiami Executive Airport T Hangers $850-$950 ------ ---------------- Shade Hangers $400 North Perry General Aviation Airport T Hangers $550-$650 ------ ------------ =---- --------- Shade Hangers $265 Appraisal Comp in. o f Kce TT est Page 24 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport Most airplane hangar spaces within the subject's airport are leased on a gross basis. In a gross lease, the landlord is responsible for all expenses. The tenant does not share in any of the landlords expenses. Though some of these comparable rentals are outside of the subject's market area, all of the facilities indicated a limited supply of shade hangar units with strong demand. Our research indicated that completely enclosed or "T" hangars were preferred by the consumers, therefore, there is only a limited supply of shade hangars. Even though the full hangars or "T" hangars are more expensive to rent, it appears that they are the airplane owner's choice. Therefore, in our opinion, the rental data indicates the Fair Market Rent which consumers are willing to pay for shade hangar storage facilities. Summarizing the comparables rents listed above indicates a rental range for enclosed airplane hangar space of $500.00 to $1,300.00 per space, depending on the type and size of the aircraft. The comparable rental range for shade airplane hangar space is from $265.00 to $400.00 per space; nevertheless, historically one of the bays within the subject project rented for $250.00 on a short-term bases. However, in analyzing these comparables one must consider the plane size, location, as well as the amenities. The appraisers interviewed hangar owners, as well as airplane owners within the local market to determine the fair market rent for the subject shade hangars. Hence, the appraisers have estimated an average rent of $275.00 per bay. The potential market rent for the subject property followings. Potential Market Rent Analysis and Effective Gross Income Average Average Total Effective No. Monthly Annual Potential S / Est. Gross Description Planes Rent/Plane Rent/Plane Rent S4 Ft. Vacancy Income Hanger One 2 111 $350.00 „ $4,200 $8,400 11 $2.72 $42i y $7,980 _ _ --- - -------1r------�r--------T-------T-----T------T-------- Marathon Flying Club � 9 $350.00 $4,200 � $37,800 � $2.68 ` 1 89i y $35,910 Totals: it $46,200 ($2,310) $43,890 Vacancy and Collection Allowance: Vacancy & Collection losses include allowances for vacancy due to tenant turnover or loss of rents from a tenant who vacates the building or is late with payments. Typically, the market is experiencing a 3% to 10% vacancy and collection losses on commercial units within the subject's market area. Due to the limited supply of airplane hangar space within the Florida Keys Marathon Airport, we have projected a vacancy and collection loss of 5.0% for the subject property. 2. Analysis of Existing Lease and Expenses: The subject property consists of two separate land leases for each of airport shade hangars from the Florida Keys Marathon Airport. This subject property's leases will terminate on March 19, 2017 and October 10, 2017. The two shade hangars have a total of 11 bays, with Appraisal Compan. ofKce TT est Page 2 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport an average size of 1,563 square feet per bay which will accommodate a single engine or a small twin engine aircraft. A personal walls through and site -visit of the subject property was performed with measurement taken on -site by the appraisers, as well as utilizing the provided site plan. Detailed descriptions of the improvements may be found within the report. The lease payments are monthly. The sublessee's have a nonexclusive use of the common area. The lessee's cannot transfer or assign its rights and obligation in the premises or in the hangar without obtaining the consent of the lessor, which may not be unreasonably withheld. Both of the leases are summarized in the table that follows. Lease schedule Analysis Florida Keys Marathon Airport Contract Lease Schedule as of January 1, 2011 Remaining annual Utilities Hangar Type No. Lease Monthly annual Rent/ Additional annual Hangar Ownership Paid By Option HangerNo. Size (SF) Hangar Bays Pears Base Rent Base Rent Plane Rent Escalators Upon Expiration Tenant Period 1 1 1 1 I I 3-Fhxe Year Tern; Han¢er One 3088 Shade 6.'1 $'04 81 $145-.6- $1_-8 84 None CPI Tenant LCss- AU 'a Market Rent Maraflion Flhvig Clnb 14,1081 Shade 1 9 1 0 -8 1 $99' 5 $11 910.84 1 $1 3'3.43 1 None I CPI Anpoi t'Lessor All None Totals: 17,196 11 $1,197.38 $14,368.51 $2,552.26 A copy of both leases and current rent payments was provided by the client. The reported lease rates are based on analysis of the base rates per the leases, historical changes in the Consumer Price Index(CPI) and confirmed by Bureau of Labor Statistics CPI Tables. The leases are on modified gross basis. In a modified gross lease, the tenant is responsible for only the utilities and building maintenance. The Hangar One lease has three, five-year option periods at market rent; hence, there will be no leasehold value during the option period. Discount Rate: It is the appraisers' opinion that a discount rate of 8.7 percent per annum would be appropriate for discounting the net income to a present value. The discount rate is based on a current base rate estimated by analyzing current safe rates for fairly risk -free investments and adding to it a factor for liquidity, risk and appreciation. The discount rate takes into account the providing of a return on and returns of investment fiends, and for compensation to the developer for liquidity, risk and anticipated expected increase in rental income. Appraisal Compan. gfKCe3 TT-est Page 26 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport Apartments 7.027. 16.25% 11.68% 6.11% '. 14.137. 10.16% ' 6.95% '. 16.08% 11.56% Garden?Suburban TH 7.02X 14.99Z 10.89% 6.11X 13.04% 9.48% 6.951 14.84% 10.78X Hi-RlseMrban TH 7.85% 16.25% 11.76z 6.83% 14.10% 10.23% 7.77% 16.08z 11.64% Student Housing 7.61'!. 15.857. 12.07% 6.62% 13.79% 10.507. 7.53% 15.69% 11.95% Goff 8.267. 19.63% 15.08% 7.19Z 17.08% 1312% 8.18% 19.43% 14.937. Public Daily Fee Courses 9.44X 19.47Z 14.16% 8.22% 16.94% 12 32X . 9.351 19.28% 14.01% Semi -Private Clubs 8.43% 19.63% 15.18z 7.33% 17.08z 10.201.. 8.34% 19.43%. 15.02% Private Clubs 8.26% 18.41% 14.56% 7.19% 16.01% 1266% 8.18% 18.22% 14.41% Health CarelSenior Housing 7.487. 21.32% 12.13% 6.51% 18.55% 10.557. 7.41Z 21.11% 12.01% Acute Care Facilities 8 51X 22.44Z 13.76% 7.41Z 19.53% 11.97% 8.431 22.22X 13.62X Out -Patient Care Facilities 7.48% 16.05% 10.90z 6.51z 13.96z 9.48z 7.41z 15.89%. 10.79% Congregate Care Facilities 8.37% 17.79% 11.95% 7.28% 15.47% 10 40% 8.28% 17.61% 11.83% Assisted Living Facilities 7.69% 16.46'/. 11.10% 6.69% 14.32% 9 66% 7.61'/. 16.30% 10.99'!. Industrial 8.07X 16.29Z 12.65% 6.781 13.68% 1063X 8.15Z 16.45% 12.781% Warehouse7Oistribution 8.07% 14.14% 11.36z 6.78% 11.88% 9.54z 8.15z 14.29% 11.47% R&D?Fles 8.43% 16.29% 13.06% 7.92% 13.68% 1097% 8.52% 16.45% 13.19% Climate Controlled?Manufacturing 8.627. 15.647. 11.99% 7.24% 13.137. 10.077. 8.71E 15.79% 12.117. Lodging 8.477. 19.16% 14.30% 7.117. 16.09% 12 01% 8.22% 18.58% 13.877. Full Service Facilities 8.47% 14.64% 12.23z 7.11% 12.30z 10.27% 8.22% 14.20z 11.86z Limited Service Facilities 8.87% 19.16% 14.73% 8.29% 16.09% 12 38% 8.58% 18.58% 14.29% GoIFIGaming?Resort 8.357. 17.277. 12.27% 7.01E 14.50% 10 31% 8.10% 16.75% 11.917. Mobile HomefRV ParkfCamping 8.227. 17.59% 12.30% 6.66% 14.25% 997% 8.22% 17.59% 12.307. RV Parks?Campgrounds 9.03X 17.59Z 12.77% 7.321 14.25% 1034X 9.031 17.59% 12.771% Manufactured Housing 8.22% 15.63% 11.40% 6.66% 12.66% 924% 8.22% 15.63% 11.40% Mobile Home Parks 8.687. 16.137. 12.12% 7.03% 13.06% 9.82% 8.68% 16.137. 12.12% Office 8.06% 15.69Z 12.64% 7.01Z 13.65% 1100% 7.98%.. 15.54% 12.51% Suburban 8.067. 14.497. 12.00% 7.01E 12.617. 10.447. 7.98% 14.35% 11.88% CBD 8.32% 15.69Z 12.64% 7.24% 13.65% 1100% 8.24%.. 15.54% 12.52% Medical 8.48% 15.80% 11.49z..... 7.38% 13.74z 10.00% 8.39% 15.64z 11.38z.. Restaurants 8.22% 18.80% 14.98% 6.99% 15.98% 1273% 7.89% 18.05% 14.38% Full Service 10.75'!. 18.807. 14.98% 9.13% 15.98% 12.737. 10.327. 18.05% 14.387. Fast Food 8.22% 18.16Z 14.33% 6.99% 15.43% 1218% TOW.. 17.43% 13.76% Retail 8.06% 16.64% 12.94z 6.93% 14.31% 11.10% 7.90% 16.31%.. 12.68% Anchored 8.06% 15.45% 13.14% 6.93% 13.29% 1130% 7.90% 15.14% 12.88% Un-Anchored 8.737. 16.647. 13.70% 7.51E 14.317. 1178% 8.56% 16.317. 13.42'!. Convenience?Gas 801X 16.74Z 11.04% 6.891 14.39% 949% 7.851 16.40% 10.821% Free Standing 8.40% 16.30% 13.55z 7.22% 14.02z 1165z 8.23% 15.97%. 13.28% Self -Storage 7.53% 15.66% 14.15% 6.40% 13.31% 1203% 7.53% 15.66% 14.15% Climate Controlled 7.537. 15.667. 13.18% 6.40% 13.317. 11.20% 7.53% 15.66% 13.18% Mini Storage 7.53X 16.86Z 14.21% 6AW. 14.33% 12 08X . 7.531 16.86% 14.21% Special Purpose 8.74% 19.22% 13.86z 7.52% 16.53z 1192z 8.57% 18.84z 13.58% Schools?Day Care Centers 8.74% 16.76% 12.72% 7.52% 14.41% 10 94% 8.57% 16.43% 12.47% Churches?TemplesOSynagogues 10.04'!. 19.227. 13.95% 8.64% 16.53% 1199% 9.84% 18.84% 13.67'!. All Properties 7.021 22.44E 12.93,. 6.11X 19.53% 1104% 6.951 22.22X 12.76% '4th Quarter 2010 Data Copyright 2011 RcaltyRatc:.com ^ In the market, investors, including individuals, insurance companies, and specialty investors companies are likely to seek a yield on a pre-tax basis from the subject which is at or above the current rate for corporate (Baa) bonds. Some additional yield to the investor would be expected for lack of liquidity, greater risk and appreciation in this investment. We estimated 6.0 percent as an appropriate base rate considering the added risk utilizing Prime Rate and Bond yields investments. This rate is conservative, based on current bond rates. Appraisal Compan. of Kee TT est Page 27 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport The indicated base rate is equivalent to that rate that covers all the income requirements except provisions for added risk, liquidity factors and expected appreciation. The risk is a compensation for a developer or investor to offset possible losses that may occur when an investment fails to meet periodic expectations, or payback when analyzing a loan. The liquidity and risk rates are considered to be load factors in estimating the indicated Discount Rate. In the case at hand, due to the limited supply and the great demand, we have not included a risk factor, although we have considered a liquidity factor of 1.0%, and an expected average increase in rental income of 1.67% (Rounded 1.7%), which indicates the following discount rate. Base Rate 6.0% Risk Factor 0.5% Liquidity 0.5% Appreciation 1.7% Discount Rate 8.7% Note: The inflation rate or appreciation rate estimates ivere obtained from 2010 Robert C. Sahr, Political Science Department, Oregon State University, Corvallis, OR., based on 2020 projections. Furthermore, this Discount Rate is supported by a national market survey for the 4t" Quarter of 2010 prepared by RealtyRates.com for Land Leases for Special Purpose and Other Properties in the survey as follows. Since the demand for private airplane storage is great and there is limited supply, we have estimated a discount rate at the mid -level of the range of data. Apartments 2.86x 10.86Y 705Y 5.46Y 11.36Y 8.05/ Golf 3.36% 16.2W. 1027% 5.9W.. 16.76/ 11.27% Health CaretSenior Housing 3.41/ 12.21% 7 58'/- 6.96% 16.761 11.27% Industrial 3.07% 10.88/. 732% 5.67Y 11.38x 8.32x Lodging 3.31% 16 02Y 8 06'%. 5 91Y 16.52% 9.06Y Mobile H omORV Park 3.06% 10.88% 8 09% 5.66% 11.38% 9.09% Office 3.08x 10.84:.' 725/ 5.66% 11.34% 8.25% Restaurant 4.46: 16.28% 926% 7.06% 16.78% 10.26Y Retail 2.98x 12.22x 745% 5.56% 12.72/ 8.45% Self -Storage 3.21% 10.8W. 947% 5.8W.. 11.36r 10.47 Special P urpose 4.00% 16.94'Y 9.39/ 6.62 x 18.71Y. 9 59% All Properties 2.86Y 16.94Y 829% 5.46Y 16.78% 9.45Y .4th Qaartcr 2010 data Copyright 2011 RealtyRate:.corn " Appraisal Compan.v o f Kce TT est Page 28 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport Analysis of Cash Flows: The remaining holding period of the subject's leases is 6.21 and 6.78 years. The present value of the remaining lease term as indicated by the Discounted Cash Flow Technique is equal to the sum of the present values of the cash flows for each unit. The discount rate, often used interchangeably with the phrases internal rate of return or yield rate, represents the time -weighted return a developer anticipates on a real estate investment. This rate equates the present value of future receipts with the Market Value or Investment Value of the investment. A discount rate of 8.7 percent was utilized in discounting the net receipts or outlays to a present value for the remainder of the existing lease. Our Discounted Cash Flow Analysis for each Leasehold Value of the Existing Leases is detailed as follows: Discounted Cash Flow Analysis Hanger One Leasehold Value of Existing Lease Periods Est. Annual PV PV Years E.G.L C.P.L Rent N.O.L Factor Leasehold 1 $7,980.001 $2,457.67 $5,522.33I 0.919961 $5,080.34 2 1 $8,091.721 1.40%1 $2,492.0811 $5,599.641 0.84633 $4,739.16 3 $8,221.19 $2,531.95 $5,689.24', 0.778591 $4,429.61 -- 4--- -- $8,352.73 _1.60%li_ 1.60% $2,572.46 $5,780.261! 0.71628!--- $4,140.28 5 $8,486.37' 1.60% $2,613.62' $5,872.75: 0.65895' $3,869.85 6 $8,651.85 1.95% $2,664.591. $5,987.27', 0.606211 $3,629.54 2.5 Mo.! $1,837.621 1.95%' $565.951 $1,271.67 0.59535 $757.09 (Rounded) $27,000.00 Average Appreciation: 1.68% Discount Factor 8.7% Appraisal Compan. ofKce TT est Page 29 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport Discounted Cash Flow Analysis Marathon Flying Club Leasehold Value of Existing Lease Periods Est. Annual PV PV Years EGA C.P.>( Rent N.0.1( Factor Leasehold 1 $35,910.001 $11,910.841 $23,999_161_0.919961 $22,078.34 2 $36,412.741 1.40%; $_1_2,0_77.591 $24,335.151 0.846331 $20_,595.6_2 --- 3 -- l $36,995.34 1.60% $12,270.93 $24,724.51 0.77859 --- $19,250.37 4 $37,587.271! 1.60%1! $12,467.171 $25,120.101 0.716281 $17,992.99 . $38,188.67: 1.60%1 $12,666.641 $25,522.021 0.65895: $16,817.73 JL$38_9_33.341 1.95%1 $_1_2,913.641 $$26,019.701_0.606_211 _6 -- 9.4 Mo. 'I $31,092.49 1.95% $10,312.9411 $20,779.5511 0.568261i--- _$15,,77_3.3_9 $11,808.13 (Rounded) $124,000.00 The following table is a summary of the estimated leasehold values: Valuation Summary Florida Keys Marathon Airport 6400 Overseas Highway, Marathon, FL January 1, 2011 Estimated Leasehold Dollars / Dollars / Description Value Bay S . Ft. Hang One _ $27,000 _ $13,500; $8.74 Marathon Flying Club $124,000! $13,778 $8.79 Total $151,000 $13,727', $8.78 PRESENT VALUE OF THE LEASEHOLD INTEREST OF THE SUBJECT PROPERTY AS INDIC:ATED BY THE INCO1\1E APPROACH (Rounded): ................................. $ 151,000 Appraisal Compan. ofKce TT est Page 30 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport RECONCILIATION AND VALUE CONCLUSION The following Leasehold Interest value indications have been developed in our analysis of the Market Data. Cost Approach Not Applicable Income Approach $151,000 Sales Comparison Approach Not Applicable Value of the Leasehold Interest of the Subject Property, as of January 1, 2011 (Rounded): $151,000 The Cost Approach is based on the estimated value of the land (developed through comparison), and the estimated cost of the site improvements. This approach is particularly useful in valuing new or nearly new improvements. However, this approach was not considered applicable as the subject property being valued is a leasehold interest. The Sales Comparison Approach is a direct measure of the buying and selling behavior of the partici- pants in the real estate market. This approach directly measures what sellers are accepting and buyers are paying for property. Therefore, if a significant number of comparable sales have occurred and are available for analysis, then the Sales Comparison Approach becomes an important method in developing a value indication. Our analysis of leasehold comparables of airport hangars at Florida Keys Marathon Airport, only indicated one sale; furthermore, there is a very limited supply. Thus, the Sales Comparison Approach was not considered applicable in our final opinion of value of the leasehold interest, as the subject property is under the long term lease. The Income Approach is most applicable to properties that are typically purchased for their income - producing capabilities. In the case at hand, the subject property is a public service or commercial use property with the potential of being an income -producing property. Thus, the Income Approach represents the value an owner may consider paying in order to gain the benefits and profits of the business, as well as that of the real estate. The Discounted Cash Flow Technique takes into consideration the timing, frequency and magnitude of the income stream the property is expected to generate. This method is most appropriate for evaluation of the present value of the leasehold interest considering the existing lease encumbering the subject property. In our Discounted Cash Flow model, the analysis is based on the remaining term of the existing lease of the subject airplane hangar. The Income Approach was considered applicable as the subject property is currently under a long term lease. Appraisal Compan. gfKce TT est Page 31 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport Furthermore, our assignment is to determine the Leasehold Interest of the subject property. Hence, the Income Approach was totally weighted, since the airplane hangars at Florida Keys Marathon Airport are encumbered by long term leases. CERTIFICATE OF APPRAISAL WE HEREBY CERTIFY THAT UPON APPLICATION FOR VALUATION BY: MR. REGGIE PAROS, MANAGER FLORIDA KEYS MARATHON AIRPORT 9400 OVERSEAS HIGHWAY, SUITE 200 MARATHON, FL 33050 We have personally examined the following described property: COMMONLY KNOWN AS: Hangar One & Marathon Flying Club Shade Hangars 9400 Overseas Highway Marathon, Florida 33040 Based on market analysis and research, it is our opinion that the Leasehold Interest of the subject property, commonly known as the Hangar One & Marathon Flying Club Hangars, located at Florida Keys Marathon Airport, 9400 Overseas Highway, Marathon, Florida, subject to definitions, assumptions and limiting conditions, as of January 1, 2011 is: ONE HUNDRED FIFTY ONE THOUSAND DOLLARS ($ 151,000) This valuation of the subject property does not consider any personal property. Appraisal Compan.v o f Kce TT est Page 32 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport WE ADDITIONALLY CERTIFY that, to the best of our knowledge and belief: o The statements of fact contained in this report are true and correct. o The reported analyses, opinion, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions and conclusions. o We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. o Our engagement in this assignment was not contingent upon developing or reporting predetermined results. o Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or a direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. o Our analyses, opinions, and conclusions were developed and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. o Richard Padron and James E. Wilson personally performed a site visit and a walls through of the property that is the subject of this report. o No one has provided significant professional assistance to the persons signing this report. o The use of this report is subject to the requirements of the State of Florida relating to review by the Florida Real Estate Appraisal Board of the Department of Professional Regulations, Division of Real Estate. o The reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice and the Appraisal Institute. Appraisal Compan.v o f Kce TT est Page 33 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport o The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. o James E. Wilson, MRIC S has completed the Standards and Ethics education requirements of the Appraisal Institute for an Associate Member. APPRAISAL COMPANY OF KEY WEST James Wilson, MRIC S, President St. Cert. Gen. REA License No. RZ 2164 Richard Padron, CCIM, MSA St. Cert. Gen. REA License No. RZ 544 Appraisal Compan.v o f Kce TT est Page 34 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport ASSUMPTIONS AND LIMITING CONDITIONS APPRAISAL DEVELOPMENT AND REPORTING PROCESS: In preparing this appraisal, the appraiser inspected the subject site and both the exterior and interior of the improvements. Information on comparable land and improved sales were gathered, confirmed, and analyzed. This is a summary appraisal report which is intended to comply with the reporting requirements set forth under Standard Rule 24(b) the Uniform Standards of Professional Appraisal Practice for a summary appraisal report. As such, it might not include frill discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Such discussion of the data would not change the appraisers' opinion of value. Supporting documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The information contained in this report is specific to the needs of the client and for the intended use stated in this report. The appraiser is not responsible for unauthorized use of this report. In preparing this appraisal, the appraisers visited the subject site and a physical walk-through of the improvements. Information on comparable improved sales and rentals was gathered, confirmed, and analyzed. The appraisers performed a summary appraisal report, as defined by the Uniform Standards of Professional Practice. This summary appraisal report is a synopsis of the appraisers' analyses and conclusions. Supporting documentation is retained in the appraisers' file. THIS VALUATION IS CONTINGENT UPON THE FOLLOWING CONDITIONS: Our office has not appraised the subject property in the past three years. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales or other media without the prior consent and approval of the appraiser. This appraisal is to be used in whole and not in part, in particular, no part of the contents of this report shall be conveyed to the public through advertising, public relations, news, sales or other media, without the written consent and approval of the author, particularly as to valuation conclusions, the identity of the appraiser or firm with which he/she is connected. The distribution of value between land and building applies only under the present program of utilization and is invalidated if used in making a summation appraisal. No responsibility is assumed by us for matters which are of legal nature, nor is any opinion on the title rendered herewith. Good title is assumed as a title search was not made available. Appraisal Compan. ofKce TT est Page 35 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport The property has been appraised as though free of liens and encumbrances, except as herein described. Charges for solid waste collection are a special assessment in Monroe County; delinquent charges for solid waste collection, or other liens against the subject property have not been considered in the valuation contained herein as a title search was not made available or conducted by us. The management of the property is assumed to be competent and the ownership in responsible hands. The subject property consists of two detached airport shade hangars leased from the Florida Keys Marathon Airport. The hangars are located on the northeast corner of the airport adjacent to Aviation Boulevard. The Hangar One hangar measures about 95 feet along the taxiway by 32.5 feet in depth containing a total of 3,088 square feet and has two bays. The second hangar leased to Marathon Flying Club measures 427.5 feet along the taxiway by 33.0 feet in depth containing a total of 14,108 square feet and has nine bays. The subject hangars consist of a total of 17,196 square feet which is a vary small part of northeasterly section of the Florida Keys Marathon Airport owned by Monroe County. According to the Monroe County Property Card the subject property is only a very small part of a larger 67.50 acre parcel, commonly known as the Florida Keys Marathon Airport. For purposes of our valuation within this report, we have utilized the dimension taken from the site plan with on -site verification. The site plan is included in the Addendum section of this report. The leasehold interest in the subject property includes the use of the common area identified as the Marathon Airport. Any deviations from these sizes may result in a change in value. No encroachments or easements were taken into consideration as a survey was not made available. The reader is advised to review the copies of the site plan located within the Addenda section of this report. No responsibility is taken by this office for the accuracy or in regard to any questions on the nature of encroachments, encumbrances, or dissimilarities in measurement. We reserve the right to change the final indicated value herein if and when any discrepancies are found in regard to easements and/or encroachments. This report contains the results of our investigation and analysis made in order to fiirnish an estimate of the Leasehold Interest of the subject property described herein, based on the Highest and Best Use. Any maps or plats reproduced and included in this report are intended only for the purpose of showing spatial relationships. They are not measured surveys nor measured maps, and no responsibility for cartographic or surveying errors is assumed. We are not required to give testimony in court unless arrangements have been previously made thereof. Appraisal Compan. of Kce TT est Page 36 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport We assume that there are no hidden or unapparent conditions of the property, subsoil, or strictures, which would render it more or less valuable. We assume no responsibility for such conditions, or for engineering which might be required to discover such factors. The Americans with Disabilities Act ("ADA") became effective January 26, 1992. The subject improvements were built in 1996; thus, the appraisers have assumed that they meet ADA standards. However, the appraisers have not made a specific survey or analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. The appraisers are not contractors and are not qualified to make a determination if the building adheres to the requirements. The property, together with a detailed analysis of the requirements of the ADA, could reveal that the property may or may not be in compliance with one or more of the requirements of the Act. If so, this fact could have an effect upon the value of the property. No roof or termite inspection reports were made available; however, the improvements are relatively old and in average to fail condition. The appraisers do not assume the responsibility for the condition of the roofs, termite damage, nor the physical condition of the strictures without the benefit of an engineering report. Disclosure of the contents of the appraisal report is governed by the Bylaws and Regulations of the professional appraisal organizations with which the Appraisers are affiliated. The undersigned Appraisers have no present or contemplated future interest in the property and the compensation is in no manner contingent upon the value reported. Possession of this report does not carry with it the right of publication or advertisement of any of its conclusions, nor may any except the applicant use the same for any purpose without the previous written consent of the appraiser or the applicant. In this appraisal assignment, the existence of potentially hazardous material used in the constriction or maintenance of the building, such as the presence of radon, asbestos insulation and/or existence of toxic waste, which may or may not be present on the property, has not been considered. Environmental screening or audits of the subject property was not made available to the appraisers. Upon inspection of the property, no visible signs of environmentally hazardous materials were noted. The appraisers are not experts in the field of environmental hazards. An expert in the field is recommended if desired, as no environmental tests were made by the appraisers. This appraisal report has been made in conformity with and is subject to the requirements of the Code of Professional Ethics and Standards of Professional Conduct of the appraisal organizations with which the Appraisers are affiliated. Appraisal Compan. ofKce TT est Page 37 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport This appraisal report is in conformity with the Uniform Standards of Professional Appraisal Practices and this appraisal assignment was not based on a requested minimum valuation, a specific valuation, or the approval of a loan. The discovery of latent conditions is beyond the scope of this appraisal. Detection of latent conditions requires the expertise of qualified persons such as architects and engineers. Latent conditions include, among other things, non -apparent structural conditions; presence of prohibited hazardous wastes; presence of radon gas, methane gas, asbestos, lead, petroleum products and other air, soil, or water contaminants; and many other conditions too numerous to mention which may affect the value of the property being appraised. The appraisers conducting this appraisal are not qualified to detect latent conditions and have conducted this appraisal upon the assumption that no latent conditions (including those mentioned above and others) exist on the property covered by this appraisal. ACCORDINGLY NOTICE IS HEREBY GIVEN that neither the appraisers conducting this appraisal, nor the APPRAISAL COMPANY OF KEY WEST make any warranty, express or implied, to property covered by this appraisal, and neither shall have any liability to any person for differences in the value of the appraised property, or other damages, resulting from discovery of latent conditions (including those mentioned above and others) on, or in proximity to, the appraised lands. We do hereby certify that to the best of our knowledge and beliefs, the statements of fact contained in this report, upon which the analyses, opinions and conclusions expressed herein are based, are true and correct; also this report sets forth all the limiting conditions affecting the analyses, opinions and conclusions contained in this report; also this report has been made in conformity with the National Association of Real Estate Boards and the Appraisal Institute. Appraisal Compan.v o f Kce TT est Page 38 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport Professional Qualifications Richard Padron, CCIM, MSA, AAR, SRC Richard Padron has a diverse background in the real estate industry. His experience and education in the real estate profession have continually excelled. He has been affiliated in residential construction, real estate development and the real estate brokerage business for more than 30 years. During this time, he has managed construction projects, marketed, and sold several hundred homes in various subdivisions in the Florida Keys and Key West, and has appraised thousands of single families, multi -family and comrnercial properties. His real estate career has involved the entire development process from acquisition to project sellout, including the permitting and operation of wastewater treatment systems, as well as dealing with environmental concerns. Prior to founding the firm, Appraisal Company of Key West, Inc., Mr. Padron formed the corporation of Richard Padron & Associates, Inc., a real estate brokerage corporation. These corporations have been in existence since 1984, providing all types of real estate services, including brokerage; market, financial and investment analysis; expert witness testimony; appraisals; property operation review, and planning and feasibility analysis. Education: Real Estate Certificate from Florida Keys Community College Professional Activities: MSA:Master Senior Appraiser, (1984). Certificate No. 00883. CCIM:Certified Cominercial-Investment Member, (1986). Certificate No. 2765. AAR:Accredited in Appraisal Reviewer, ( 1987). Certificate No. 77. SRC: Senior Real Estate Councilor, (1993). Certificate No. 89. Certification: State -Certified General Real Estate Appraiser, License No. 0000544, (1990). Licensed Real Estate Broker, State of Florida. Licensed Class A Wastewater Treatment Plant Operator, State of Florida. Associations: National Association of Realtors Florida Association of Realtors Key West Board of Realtors Marathon and Lower Keys Board of Realtors. National Association of Master Appraisers Cominercial-Investment Real Estate Council. Accredited Review Appraisers Council National Association of Counselors Experience: Appraisal Company of Key West, Inc. (Since 1987) Richard Padron & Associates, Inc. (Since 1984) Michael A. Padron, Inc. (1978-1984) Riviera Enterprises, Inc. (1968-1984) Appraisal Compan.y o f Kce TT est Page 39 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport Area Of Expertise: • Analysis and evaluation of many types of real estate • Assessment of project feasibility including: Market research, investment analysis, and feasibility study Highest and Best Use Analysis • Litigation support and expert witness testimony • Types of properties appraised, evaluated, and analyzed: Hotels, Motels & Guesthouses Shopping Centers & Malls Restaurants Theaters Marinas, Boat Storage & Repairs Seafood Packing House Multi -Family Projects Proposed Development Projects Retail/Office and/or Specialty Stores Warehouses (Mini, Storage & Distribution) Highest & Best Use Study Mobile Home & Recreation Vehicle Parks Single Family Residential & Condominiums Multi -Family & Income Properties Environmentally Sensitive Tracts Appraisal Compan.v o f Kce 11 est Page 40 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport APPRAISER CERTIFICATION Appraisal Compan.1 ofKce (lest Page 41 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport PROFESSIONAL OUALIFICATIONS JAMES E. WILSON, III James E. Wilson has been a resident of South Florida since 1976. His education includes a Bachelor of Science in Business Administration with a Major in Economics from the University of Florida, 1987-1991. His experience in the real estate industry began in early 1992 as a residential real estate appraiser in Pompano Beach, Florida. He appraised a wide variety of single and multi -family residential properties in Dade, Broward, and Palm Beach counties over a two-year period. In the search of advancement and challenge. James Wilson moved to the Citv of Kev West Monroe County, Florida in order to obtain experience and practice commercial real estate appraisal valuation techniques in a demanding and somewhat unique market area. Over the past 18 years James has been exposed to a wide -range of appraisal projects, including highest and best use studies, complex property appraisals, and wetland and environmentally sensitive valuations including transferrable development rights. His appraisal experience includes financial and investment analysis, appraisal review, feasibility and planning analysis, as well as market research and analysis. James Wilson has strived from a State Registered Real Estate Appraiser (apprentice) to a State Certified Residential Real Estate Appraiser to a State Certified General Real Estate Appraiser (licensed to perform residential and commercial appraisals) and a General Associate Member of the Appraisal Institute. He has passed the General Comprehensive Test of the Appraisal Institute and is completing the Demonstration Report in order to fulfill the remaining requirements to become a Member of the Appraisal Institute (MAI). He is a recent member of RIGS (Royal Institution of Chartered Surveyors), which is an international member organization for professionals in property, land, real estate, construction and related environmental issues. Education: SOUTH BROWARD HIGH SCHOOL, Hollywood, FL, 1987. UNIVERSITY OF FLORIDA, Gainesville, Florida - Bachelor of Science in Business Administration - Major in Economics, 1987-1991. APPRAISAL INSTITUTE Appraisal Reporting of Complex Residential Properties, October, 1993. Persuasive Style in Narrative Appraisal Reports, May, 1994. ACE 1779 - "Special Purpose Properties - The Challenge of Real Estate Appraising in Limited Markets September, 1996. 410 Standards of Professional Practice, Part A (T TSPAP), 8.'97. 420 Standards of Professional Practice, Part B, August 1997. 520 Highest & Best Use and Market Analysis, October, 1997. Non -Conforming Uses Seminar, Januarv, 1998. 5 10 Advanced Income Capitalization, May, 1998. 530 Advanced Sales Comparison & Cost Approach, May, 1998. 540 Report Writing & Valuation Analysis, August, 1998. 550 Advanced Applications, February, 1999. Regression Analysis in Appraisal Practice: Concepts & Applications, Seminar, March, 2000. General Demonstration Appraisal Report Writing Seminar, March, 2000. 800 Separating Personal & Real Property from Intangible Business Assets, March, 2002. Successful Completion of the General Comprehensive Examination for the Appraisal Institute Uniform Appraisal Standards for Federal Land Requisitions, March, 2007 General Demonstration Appraisal Report Writing Seminar, August, 2007 Valuation of Conservation Easements, January, 2008. Appraising Distressed Commercial Real Estate, June, 2009 Oil Spills and Property Values, Webinar, August, 2010 Business Practices and Ethics, September, 2010 Appraisal Compan.v ofKce fl est Page 42 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport Professional Qualifications of James E. Wilson, III (Continued) GOLD COAST SCHOOL OF REAL ESTATE (Continued) Real Estate Principles, Practices, and Law - FREC Course I, May, 1992. Salesman Post -License Program, February, 1994. Mortgage Broker, Elam -Prep Program, September, 1992. AB I - Appraisal Board - Fundamentals of R.E. Appraising, 5/92. AB II - Appr. Board - Appraising Resid. & Income Properties, 2/94. AB IIb - Appraisal Board - Cert. Resid. Appraisal Course, 7/94. AB III - Appraisal Board - Certified General Appraisal Course (Income Capitalization Course), February, 1995. USPAP - Uniform Standards of Professional Appraisal Practice, 6/92. USPAP Course, September, 1995. A-102 - Plan Reading for Appraisers, September, 1995. National USPAP Update Course, June 2006 Techniques of Income Property Appraisal, June 2006 McKISSOCK DATA SYSTEMS Automated Valuation Models, October, 2000. Uniform Standards of Professional Appraisal Practice, October,2000. Factory Built Housing, October, 2000. Appraiser Liability, September, 2002. Appraising Nonconforming & Difficult Properties, September,2002. Appraiser Liability, USPAP, September, 2002. Appraising for the Secondary Market, October, 2004. Appraising High -Value Residential Properties, October, 2004. Florida Laws and Regulations, October, 2004. Limited Appraisals and the Scope of Work Decision, October, 2004. National USPAP Equivalent, October, 2004. Florida Laws and Regulations, September 2006. Disclosures and Disclaimer, September, 2006. Appraisal Trends, September 2006. National USPAP Update Equivalent(2008-2009), November, 2008. Introduction to Expert Witness Testimony, November 2008. Mortgage Fraud -Protect Yourself, November, 2008. Florida Appraisal Supervisor -Trainee Roles and Relationships, November, 2008. Florida Laws and Regulations, November, 2008. National USPAP Update Equivalent (2010-2011), August, 2010. Risky Business: Ways to Minimize Liability, August, 2010. Florida Laws and Regulations, August 2010. Florida Apprisal Supervisor -Trainee Roles and Relationships, August, 2010. The Changing World of FHA Appraising, August, 2010. VALUE INFORMATION TECHNOLOGY, INC. "Perspectives on Appraisals" FREAB Course ACE# 159 L June, 1995. NORTH BROWARD BOARD OF REALTORS ACE 591 - Basics of Construction - How a Florida Home is Built II, January, 1994. Appraisal Compan.v o f Kce TT est Page 4 StsmmarvA��raisal Report Hangar One &Marathon Flying Chsb Hangars, Marathon Airport Certification: State certified general real estate appraiser, as designated by the Department of Professional Regulation, State of Florida; Registration No. RZ 2164. Licensed Real Estate Salesperson, as designated by the Department of Professional Regulation, State of Florida; License No. SL 0589552 (currently inactive). Professional Associations: Key West Board of Realtors General Associate Member of the Appraisal Institute Member of RIGS (Royal Institute of Chartered Survevors), October, 2010 Member# 12993 89 Affiliations: Past President of the Kev West Gator Club (Alumni Organization of the University of Florida) Member of Class VIII, Leadership Monroe County Board Member of the Rotary Club of Sunset Key West 2009 Treasurer, 2010 Vice President, 2011 President -Elect, Board of Directors of the Kev West Chamber of Commerce Experience: WILCO VALUATIONS, P.A. d/b/a APPRAISAL COMPANY OF KEY WEST, James Wilson, President and his wife, Maria Virginia Wilson, also a State Certified General Real Estate Appraiser purchased the Appraisal Company of Key West from Mr. Richard Padron in April, 2004. Mr. Padron has continued to be a Fee Commercial Real Estate Appraiser with the Appraisal Company of Key West, which has ensured continuity and quality control. APPRAISAL COMPANY OF KEY WEST, INC., Fee Commercial Real Estate Appraiser, April, 1994 to April, 2004. F.C.P. APPRAISAL SERVICES, INC., Senior Real Estate Appraiser and Trainer, May, 1992 to April, 1994. Appraised various types of properties in the Florida Keys, including: Retail Stores Restaurants Strip Centers Office Buildings Mixed -Use Properties Service Stations Multi -family Projects Proposed Developments Single-family Estates Commercial/Residential Condominiums Full -Service Marinas/Boat Yards Environmentally Sensitive Acreage Industrial Uses Guest Houses /Hotels/Motels Mobile Home and RV Parks Warehouse (including mini -storage) Special -Use Properties including Schools Seafood Processing Plants Appraisal C'ompan.v o f Kce TT est Page 44 : per d1�r G 2e±« H mar(+ ± MccZr,c F�&&CZ@5H mar MccZr,c 2m±« APPRAISER C£RTIICATION / }7120 »< &�2JAMS E § \ \\7fWES ® } }dam CRIST GOVERNOR .\LAO< ?yw2< Appraisal C c !c h fi » Page 45 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport SUBJECT PROPERTY PHOTOGRAPHS Front View of Marathon Flvin-, Club Shade Hangar from Taxiway Rear View of Hangar One Shade Hangar Looking Westerly Appraisal Compan.1 ofKce (lest Page 46 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport SUBJECT PROPERTY PHOTOGRAPHS Side View of Marathon Hving Club Shade Hangar Looking Westerly Side View of Hangar One Shade Hangar Looking Southeasterly Appraisal Compan.1 ofKce (lest Page 47 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport SUBJECT PROPERTY PHOTOGRAPHS Rear View of Marathon Flying Club Hangar Looking Southwesterly View of Taiiwav from Subject Hangar Appraisal C'ompan.1 ofKce (lest Page 48 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport TATE MAP Appraisal Compan.1 ofKce (lest Page 49 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport FLORIDA KEYS MAP FLORIDA Key Largo MM 99-106 Tavernier MM 91-92 Plantation Key MM 86-90 E�­ WSndley Key MM84 Islamorada Upper Matecumbe Key MM80 v o M E �yo Lower Matecumbe Key MM74 fi �--FY esta Key MM70 s L.zyton W SLong Key MM66-69 Keye MM61 lli Key Grassy Key MM57-60 `Crawl Key arathon 'ohores Key Colony Beach MM °4 Vaca Key Marathon MM50 Pigeon Key MM45 7-mile Bridge H Oc �'a�Sunshine Key MM 40 Y �� - Bahlpa� Hoonnd}a� MM 37-38 w dtlen, h°MMsB Mid e Toxqq anxed MM 2b-f7 $ummerland MM 2+-25 Cuii�o? KM 22-2 Sugar a Key MM 2-13 Lower Sugarloaf Key MM 17 —Saddlebunch Keys MM 13-16 ig Coppitt MM 10 Boca Chica MM 7-8 Stock Island MM 5 • Key hest MM 0-4 Appraisal Compan. ofKce IT est Page 50 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport LOCATION MAP Appraisal Compan.1 ofKce (lest Page 51 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport AERIAL PLAT MAP Appraisal Compan.1 ofKce (lest Page 52 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport PLAT MAP OF AIRPORT PARCEL Appraisal Compan.1 of Kce fl est Page 53 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport SITE PLAN (Exhibit A-1) Appraisal Compan.1 ofKce IT est Page 54 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport SITE PLAN (Exhibit A-2) . Q b : m 0 r" $ J 0y G) ` a 55�� yy 010 EXITTRtTT .T 'A �' L I { rl l 0 N 1 a O 1 ZIM 1n I l 1� r TI LS $ Appraisal Compan.1 ofKce fl est Page 55 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport FLOOD MAP & PANEL STDBO'NUNE"COM Lt3SOURCE FLDSC Eye I� PROPERTY ADDRESS: Lat °ia3A+2842659.069516 °Io2 C+Lo n'to3A+�9021574.308252 %O D °.OA A �u f Orr,i yj_'•j } k p No t a i S N tt rNr l yx qqYf! Ikk �,`0T6 ,,IVI T� @w' t t� :� - # n - 4r �' .,` ,�`- t sv t p 4 'K r1 H s ail pl �hsV {r atPw i I 8 i ll * yy', �if & 1 L^pAJ�,`��� i L T w+ ,_d�tu�sfA°iiWWII,,k - _ a 4f i 7� 1w wt 1 YI ,gym .0 i bIRt - r bV{lfl�.l}Y1 �1 wi�rAIL it ar+ n�i+Ve iti s n d i i s i c'1 i_ ,� a i n wrz'iasi s�sr �� . �, E % •'+A ,-uN,,,m FLOODSCAPE arc, ifi , i L 1 �� s h _ � + F" Hazards Ma Map Humber � 12087C1381 K q��ffw RAZI, sn eo i lk �" A s!4 � n - rr Effective Date JV, s' 't'p+ m-' ii•r , e - i k'++' mG«P SF e �, February 1 S. 20055 " r , Flood Legend High flood risk r i� Et Moderate flood risk tf r i i El Lowy flood risk ii_ V4F 1 yr,,• - 1 This report makes no ` representations or warranties. conceming is content, .V r* 1 I v accuracy or comRlFtenens. .. * , STDBonline.sunt 469.574.1234 Powered by FoudSource --_, 87777 FLOoo www floodscume oam 9 �r i�aU} ri�3 , i O 1999-2011 Souroe Prose Corporation. Ali rights reserved, Protected by U.S. Patent Numbers 6631326, 6678616. 6842698. and 7038681. Appraisal Comp in. o f Kce TT est Page 56 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport ZONING MAP Appraisal Compan.1 ofKce fl est Page 57 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport Engagement Letter Appraisal Compan.1 ofKce (lest Page 58 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport APPRAISAL OF KEY WEST � November 30, 2010 Mr. Reggie Paros, Manager Florida Keys Marathon Airport 9400 Overseas Hgwy. Suite 200 Marathon, FL 33050 Subject: 2 Hangars Alt. Key 1122114 Florida Keys Marathon Airport 9400 Overseas Hgwy. Marathon, FL 33050 Our File No. 357-10 Fear Mr. Paros; ,�\ :W$ Flaglar A—.., Suit. 11101 I�...+/] K.y West, Florlda 33948 �' Telephone: (3861296.4568 i Fex: k365}396.C1499 We6site.: ffa-keysapp,W-1s.cam Email: Fim �fla-keysapprafsals.eam Pursuant to your request, please find our proposal outlined, and a list of the required documents in order to perform the assignment. The appraisal inspection will be scheduled upon receipt of the requested documents. Purpose: (X ] Market Value [X C "As Is" [ ] "As Proposed„ [ ] Going -Concern Value [ ] Upon Completion [ ] Upon Stabilization ] Prospective Value [ ] Market Value for FEMA (j Replacement Cost for Insurance purposes [ ] Business Valuation Interest: Fee Simple [X ] Leased Fee [ ] Function: Evaluation of sub]ect property for: [ ] Purchase [ ] Foreclosure [ ] Refinance [ ] Estate [X ] Buyout of Existing Hangars Leases []Insurance Fee: S 2,000 for 2 original reports, Additional Original(s) _k, $50.00 each. Time: Completion before the end of the year assuming prompt receipt of all required documents to be provided by the owner/client. Appraisal Compan. ofKce 11 est Page 59 StsmmarvA��raisal Report Hangar One &Marathons Flving Chsb Hangars, Marathon Airport Mr. Reggie Paros, Manager Page 2 Requested Documents: [X ] A Signed Copy of this Engagement Letter [X ] Legal Description [X ] Most Recent Survey, if available [ ] Biological Study [ ] Buildability Letter [ ] Warranty need [X ] Environmental Report, if available [X ] Copy of any existing Leases and/or Subleases Copy of Occupational Licenses [ ] Letter of Development Rights Determination from Monroe County [X ] Copy of Contract for Sale and Purchase, if applicable [ ] Plans and Specifications [ ] Cost Estimates for Proposed Construction [ ] Income and Expense Statements for years ] Rate Cards for _ year(s) [ ] Balance Sheets for _ year(s) [X ] Current Rent Roll -Subleases [X ]' Current Wind, Hire & Flood Insurance Premiums Appraisal Report: Appraiser agrees to prepare in writing a narrative Appraisal Report in conformity with USPAP, (Uniform Standards for Professional Appraisal Practice). [ ] Restricted Use Report [X I Summary Report [ ] Self -Contained Report The report shall conform to any professional organizations to which the Appraiser may belong. The appraiser shall consider, if applicable, at least the three trad►tional approaches to value, Cast Approach, Direct Sales Comparison Approach and Income Approach, plus any other approach deemed appropriate by the Appraiser. Conditions: The Appraisal. Report shall be subject to the Appraiser's assumptions, conditions and limitations standard. The Appraisal Report will be prepared for the sole and exclusive use of Client. The appraisal report shall not be reproduced, printed or distributed in any manner without written consent of Appraiser, as it consists of "trade secrets and commercial and financial information" which is privileged, confidential and exempted from disclosure. Litigation: In the event Appraiser is called upon voluntarily or otherwise, to testify in court or deposition regarding the Appraisal Report herein, Client agrees to pay an additional sum of $200.00 per hour plus Appraiser"s usual and customary expenses, minimum of 2 hours. Appraisal Compan. ofKce (lest Page 60 StsmmarvA��raisal Report Hangar One &Marathon Flving Chsb Hangars, Marathon Airport Mr. Rtgglto faros, Manager page Payment The agreed fee stall be paid in fill before the report is released. Please sign and return this agreement with the required information so that we may schedule the inspection- Quotes are valid for 48 hours, If you have any questions, please do not he,sitale to call me. 'l" ook you for considering out firm to provide you this 5e vice. For questions concerniristhe appraisal report, contactJisn*rKayat3229FlaglerAvenue, Suite113, Appraisal Company of Key Wcst, phone (305) 2,9F5 . <)�- 4VAry— y: lames EL W ilson, President atat titTied General Real Estate appraiser Licen se No. R2164 may: Accepted by. °- _ _ µ ign.at N : .-1°� r,�s Date: Ire.! om-1{3R�,37�bfltE= .-.in$al.Le.-ir357=10.wN Appraisal Compan.v o f Kee TT est Page 61