Backup Documents 07/07/2015 Item #16G2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING Is G
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3 Jennifer A. Belpedio, ACA County Attorney Office O -1 I
4. BCC Office Board of County
Commissioners kit`(/S/
5. Minutes and Records Clerk of Court's Office -11m 9(' ((5 4.3(
pin
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jennifer A. Belp dio,ACA, Office of the Phone Number 252-8400
Contact/ Department County Atto
Agenda Date Item was 07/07/15 Agenda Item Number 16-G-2
Approved by the BCC
Type of Document Lease —"T"£ Vt.Vs F 1.4(2.ID A Number of Original 1 Le
Attached L EA,S1 _-PMfi 00rhF.INT Documents Attached A..c �tv.e`> rP�`t �
PO number or account N/AIAA L.
012,
number if document is
to be recorded ACCAeS
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? 5#.4.. { , il,( ` JAB
2. Does the document need to be sent to another agency for additional signatures? If ye/, n/a
provide the Contact Information(Name; Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's n/a
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAB
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip n/a
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 07/07/15 and all changes made during JAB
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorneyverifying that the attached document is the version approved bythe
fY� g pp
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
V .e AS ?WOO11�L D 3G%& Glatt 6EfvtiA
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised ..! ; -vised 11/30/12
wAA copy Of T'r_``vs SAN OR G1NA L
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16G2
MEMORANDUM
Date: July 9, 2015
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: A Standard Form Lease with Tellus Florida, LLC and a
First Amendment to the Lease between the Collier County
Airport Authority and the Florida Department of Military Affairs
Attached for your records is a copy of the lease with Tellus Florida, LLC and
an original (copy) of the First Amendment to the lease between Collier County
Airport Authority and Florida Department of Military Affairs, both referenced
above, (Item #16G2) approved by the Board of County Commissioners July 7, 2015.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
16 (32
COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE
This Collier County Airport Authority Standard Form Lease, hereinafter referred to as
'Lease,' is entered into this 174%.ay of 15. by and between Tellus Florida, LLC. a
Florida limited liability corporation, who mail g address is 28711 South Diesel Drive, Suite
10. Bonita Springs, Florida 34135 hereinafter referred to as `Lessee,' and the Collier County
Airport Authority, with administrative offices located at 2005 Mainsail Drive, Suite 1, Naples,
Florida 34114,hereinafter referred to as `Authority,' collectively stated as the Parties.'
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein,the Parties hereby enter into this Lease on the following terms and conditions:
1. Conveyance. On the terms and conditions set forth in this Lease, and in
consideration of Lessee's performance under this Lease. the Authority conveys to the Lessee the
present possessory interest in the Leased Premises described below.
2. Description of Leased Premises. The Leased Premises which is the subject of this
Lease is located at the Immokalee Regional Airport. in Collier County, Florida, consists of one
(I)acre,as shown in.Exhibit"A,"hereinafter referred to as the `Premises.'
3. Conditions to Conveyance. Lessee warrants and represents to Authority that it
has examined the title and boundaries of the Premises. Accordingly. this conveyance is subject
to all of the following:
a. Any and all conditions. restrictions. encumbrances and limitations now
recorded against the Premises;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future;and
d. I.essee's satisfactory performance of all terms and conditions of this Lease.
4. Use of Premises. Lessee shall utilize the Premises solely for construction,
manufacturing, and storage of prefabricated concrete residential and commercial building
materials. Authority shall have the right to terminate this Lease should Lessee utilize the
Premises in any manner inconsistent with the approved use. In the event Lessee shall cease to
use the Premises for the purposes described herein,and such cessation of use shall continue for a
period of sixty (60) days, this Lease, at the option of the Authority, upon thirty (30)days written
notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to
the Authority within thirty (30) days after notice of such termination. Provided, however, said
sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of
the Lessee such as acts of God or if such cessation is due to closing for reconstruction or repairs
to the building constructed by Lessee on the Leased Premises. Lessee shall not use or allow
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anyone to use the Premises for residential purposes or as a public meeting place or facility of any
kind.
5. Permissible Alterations and Additions to Premises. Lessee may not make any
alterations or additions to the Premises without obtaining Authority's prior written consent,
which consent may be withheld in Authority's sole discretion. Lessee shall submit to Authority
plans and specifications for all alterations and additions at the time Authority's consent is sought.
6. Term of Lease. The term of this Lease shall commence on the date first above
written and shall remain in effect for a period of one (1) year. This lease may be terminated
with at least sixty (60) days advance written notice to terminate given by one party to the other
party.
So long as the Lessee is not in default of any of the terms herein and has no payment
arrearages. this Agreement may be renewed for four (4) additional one (1) year terms. The
Lessor shall advise the Lessee in writing in the event of a default which results in an
extinguishment of the right to automatic renewal of this Agreement. Absent such notice, this
Agreement shall automatically renew unless the Lessee gives written notice of an election not to
exercise this option at least thirty (30) days prior to the expiration of this Agreement. Such
option shall thereafter be and become null and void and of no further force and effect.
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum
of $6,202.94 annually (the 'Base Rental', plus applicable sales tax, which shall he paid in 11
equal monthly installs of$516.91 ($547.92 with tax) during the initial year (first month of July
2015 is free to accommodate the mobilization period) and shall be due and payable by the first
day of every calendar month during the term hereof beginning on August 1, 2015. If the terms of
this Lease shall commence on a day other than the first day of the month, Lessee shall pay rental
equal to one thirtieth (1/30`t') of the monthly rental multiplied by the number of rental days of
such fractional month. The lease rental rate shall at no time be less than the Base Rental. The
Authority and Lessee, however, agree and stipulate that the lease rental rate may be unilaterally
increased by the Authority, no more than annually. effective January of each year, in accordance
with the Authority's lease rental rate adjustment program as approved by the Board of County
Commissioners. All rents and fees shall be made payable to the Collier County Airport
Authority, and mailed by first class letter. postage prepaid. or personally delivered, to the
Administrative Offices at 2005 Mainsail Drive. Suite I. Naples, Florida 34114, or such other
address as the Airport Manager may designate in writing.
In addition to the annual rent, Lessee shall pay Authority a one-time sum of$200.00 plus
6% sales tax for a total amount of$212.00 as a Commercial Operating Fee, which shall be due in
full and paid along with the first month's rent.
8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, tees and
charges concerning the Premises. Accordingly. Lessee shall promptly pay when due and prior to
any delinquency all costs. tees, taxes. trash removal services. assessments, utility charges, impact
fees and obligations of any kind that relate to the Premises. Lessee will indemnify and hold
Authority harmless from any and all claims, costs and obligations arising from Lessee's use of
the Premises. In case any action or proceeding is brought against Authority by reason of
Lessee's use of the Premises, Lessee shall pay all costs. attorneys' fees, expenses and liabilities
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resulting therefrom and shall defend such action or proceeding if Authority shall so request, at
Lessee's expense. by counsel reasonably satisfactory to Authority. It is specifically agreed
however. that Authority may at its own cost and expense participate in the legal defense of such
claim,with legal counsel of its choosing.
9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the
Premises, and shall promptly remove any and all liens placed against the Premises. All persons
to whom these presents may come are put upon notice of the fact that the interest of the
Authority in the Premises shall not be subject to liens for improvements made by the Lessee and
liens for improvements made by the Lessee are specifically prohibited from attaching to or
becoming a lien on the interest of the Authority in the Premises or any part of either. This notice
is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
10. Lessee's Obligation to Maintain Premises and Comply with All Lawful
Requirements. Lessee. throughout the term of this Lease, at its own cost, and without any
expense to the Authority, shall keep and maintain the Premises in good, sanitary and neat order,
condition and repair, and shall abide with all lawful requirements. Such maintenance and repair
shall include, but not be limited to. painting, janitorial, fixtures and appurtenances (lighting,
heating, plumbing, and air conditioning). Such repair may also include structural repair, if
deemed necessary by the Lessee. If the Premises are not in such compliance in the reasonable
opinion of Authority, Lessee will be so advised in writing. If corrective action is not begun
within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective
action is completed, Authority may cause the same to be corrected and Lessee shall promptly
reimburse Authority for the expenses incurred by Authority, together with a 5% administrative
fee.
11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee
has not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive
right to use the Premises during the term of this Lease. During the term of this Lease, Lessee
may erect appropriate signage on the Leased Premises and the improvements constructed by
Lessee thereon. Any such signage shall be in compliance with all applicable codes and
ordinances and approved by the Authority; Authority's consent will not be unreasonably
withheld.
12. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent. as reasonably determined by Lessee and Authority, by fire or
other casualty, Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to
rebuild or restore the Premises to substantially its condition prior to such casualty event unless
the Authority provides the Lessee with a written determination that rebuilding or restoring the
Premises to such a condition with the Proceeds within a reasonable period of time is
impracticable or would not be in the best interests of the Authority, in which event, Proceeds
shall be promptly remitted to Authority. If the Authority elects not to repair or replace the
improvements, then Lessee or Authority may terminate this Lease by providing notice to the
other party within ninety (90)days after the occurrence of such casualty. The termination will be
effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual
written agreement of the Parties. During the period between the date of such casualty and the
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date of termination, Lessee will cease its operations as may be necessary or appropriate. If this
Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material
extent, as reasonably determined by Lessee and Authority, Lessee will proceed with reasonable
diligence, at no cost or expense to Authority, to rebuild and repair the Premises to substantially
the condition as existed prior to the casualty.
b. Condemnation. Authority may terminate this Lease by written notice as part
of a condemnation project. Authority will use its best efforts to mitigate any damage
caused to Lessee as a result of such termination; however, in no event will Authority be
liable to Lessee for any compensation as a result of such termination.
13. Access to Premises. Authority, its duly authorized agents, contractors,
representatives and employees. shall have the right after reasonable oral notice to Lessee,to enter
into and upon the Premises during normal business hours. or such other times with the consent of
Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any
required repairs not being timely completed by Lessee.
14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, no
later than the final day of the lease term, Lessee shall redeliver possession of the Premises to
Authority in good condition and repair. Lessee shall have the right at any time during Lessee's
occupancy of the Premises to remove any of its personal property, equipment, and signs
provided, however, at the termination of this Lease. Authority shall have the option of either
requiring Lessee to demolish and remove all improvements made by I.essee to the Premises upon
Lessee's vacation thereof, or to require Lessee to retain said improvements with fixtures on the
Premises which improvements and fixtures wilt become the property of the Authority upon
Lessee's vacation of the Premises.
15. Assignment. This Lease is personal to Lessee. Accordingly, Lessee may not
assign this Lease or sublet any portion of the building constructed on the Premises by Lessee
without the express prior written consent of the Authority, which consent may be withheld in
Authority's sole discretion. Any purported assignment ur sublet without the express written
consent of Authority shall be considered void from its inception, and shall be grounds for the
immediate termination of this Lease. Authority may freely assign this Lease upon written notice
to Lessee.
16. Insurance. The Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by the Collier County Risk Management Department, as set forth on
the attached Exhibit `B'.
17. Defaults and Remedies.
a. Defaults by Lessee. The occurrence of any of the following events and the
expiration of the applicable cure period set forth below without such event being cured or
remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law:
i. Abandonment of Premises or discontinuation of Lessee's operation.
ii. Lessee's material misrepresentation of any matter related to this Lease.
iii. Filing of insolvency,reorganization,plan or arrangement of bankruptcy.
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iv. Adjudication as bankrupt.
v. Making of a general assignment of the benefit of creditors.
vi. If Lessee suffers this Lease to be taken under any writ of execution and/or
other process of law or equity.
vii. Lessee's failure to utilize the Premises as set forth in this Lease.
viii. Any lien is filed against the Premises or Lessee's interest therein or any
part thereof in violation of this Lease, or otherwise, and the same remains
unreleased for a period of sixty (60) days from the date of filing unless
within such period Lessee is contesting in good faith the validity of such
lien and such lien is appropriately bonded.
ix. Failure of Lessee to perform or comply with any material covenant or
condition made under this Lease, which failure is not cured within ninety
(90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default(other than those covenants for which
a different cure period is provided), whereby Authority may, at its option,
terminate this Lease by giving Lessee thirty (30) days written notice
unless the default is fully cured within that thirty (30) day notice period
(or such additional time as is agreed to in writing by Authority as being
reasonably required to correct such default). However, the occurrence of
any of the events set forth above shall constitute a material breach and
default by Lessee, and this Lease may be immediately terminated by
Authority except to the extent then prohibited by law.
b. Remedies of Authority.
In the event of the occurrence of any of the foregoing defaults. Authority,
in addition to any other rights and remedies it may have, shall have the
immediate right to re-enter and remove all individuals, entities andior
property from the Premises. Such property may be removed and stored in
a public warehouse or elsewhere at the cost of and for the account of
Lessee, all without service of notice or resort to legal process and without
being deemed guilty of trespass, or being liable for any loss or damage
which may be occasioned thereby. If Lessee does not cure the defaults in
the time frames as set forth above, and Authority has removed and stored
property, Authority shall not be required to store for more than thirty (30)
days. After such time, such property shall be deemed abandoned and
Authority shall dispose of such property in any manner it so chooses and
shall not be liable to Lessee for such disposal.
ii. If Lessee fails to promptly pay, when due, any full installment of rent or
any other sum payable to Authority under this Lease, and if said sum
remains unpaid for more than five (5) days past the due date, the Lessee
shall pay Authority a late payment charge equal to five percent (5%) of
each such payment not paid promptly and in full when due. Any amounts
not paid promptly when due shall also accrue compounded interest of two
(2%)percent per month or the highest interest rate then allowed by Florida
law, whichever is higher ("Default Rate"), which interest shall be
promptly paid by Lessee to Authority.
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iii. Authority may sue for direct, actual damages arising out of such default of
Lessee or apply for injunctive relief as may appear necessary or desirable
to enforce the performance and observance of any obligation, agreement
or covenant of Lessee under this Lease, or otherwise. Authority shall be
entitled to reasonable attorneys fees and costs incurred arising out of
Lessee's default under this Lease. •
c. Default by Authority. Authority shall in no event be charged with default in
the performance of any of its obligations hereunder unless and until Authority shall have
failed to perform such obligations within thirty (30) days (or such additional time as is
reasonably required to correct such default) after written notice to Authority by Lessee
properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion.
Authority has failed to perform any such obligation(s).
d. Remedies of Lessee. In partial consideration for the nominal rent charged to
Lessee. Lessee hereby waives any claim it may have to direct or indirect monetary
damages it incurs as a result of Authority's breach of this Lease, and also waives any
claim it might have to attorneys' fees and costs arising out of Authority's breach of this
Lease. Lessee's remedies for Authority's default under this Lease shall be limited to the
following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Lease.
ii. Lessee may cure any default of Authority and pay all sums or do all
reasonably necessary work and incur all reasonable costs on behalf of and
at the expense of Authority. Authority will pay Lessee on demand all
reasonable costs incurred and any, amounts so paid by Lessee on behalf of
Authority, with no interest.
e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either
party is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy will be cumulative and in addition to every other remedy given under
this Lease or hereafter existing under law or in equity. No delay or omission to exercise
any right or power accruing upon any event of default will impair any such right or power
nor be construed to be waived. but any such right and power maybe exercised from time
to time and as often as may be deemed expedient.
f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a
material inducement and consideration for the execution of this Lease by Lessee and
Authority. No waiver by Lessee or Authority of any breach of any provision of this
Lease will be deemed for any purpose to be a waiver of any breach of any other provision
hereof or of any continuing or subsequent breach of the same provision, irrespective of
the length of time that the respective breach may have continued.
18. Lease Manual. Lessee shall he provided with the Authority's Lease Manual (if any).
which the Authority may amend from time to time. The terms of this manual shall be deemed to
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he incorporated by reference into this Agreement.and Lessee shall be bound by the terms of this
Lease Manual, as of the 1 S` day of the second month Lessee receives a copy of the Lease Manual
or an amended Lease Manual. With respect to any terms in this Lease Agreement which are in
conflict with the Lease Manual,the Lease Manual shall control.
19. Rules and Rggulations. Lessee shall comply with the Authority's published Rules and
Regulations for this airport,which are on tile at the address set forth above,as such regulations may
be amended from time to time by the Authority including such reasonable and uniform landing fees.
rates or charges, as may from time to time be levied for airfield operational privileges and/or
services provided at the Airport. Lessee shall also comply with any and all applicable governmental
statutes,rules,orders and regulations.
20. This Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then-
current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure,
either party may file an action in the Circuit Court of Collier County to enforce the terms of this
Lease,which Court the Parties agree to have the sole and exclusive jurisdiction.
21. This Lease contains the entire agreement of the Parties with respect to the matters
covered by this Lease and no other agreement, statement or promise made any party. or to any
employee, officer or agent of any party, which is not contained in this Lease shall be binding or
valid. Time is of the essence in the doing, performance and observation of each and every term,
covenant and condition of this Lease by the Parties.
22. In the event state or federal laws are enacted after the execution of this Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms
of this Lease, then in such event this Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Lease.
23. Except as otherwise provided herein, this Lease shall only be amended by mutual
written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be
given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight
delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been
given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit.
For the purpose of calculating time limits which run from the giving of a particular notice the
time shall be calculated from actual receipt of the notice. Notices shall be addressed as follows:
If to Authority: Airport Manager
Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples. Florida 34112
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If to Lessee: Mr. Paul Anthony Inglese
28711 South Diesel Drive, Suite 10
Bonita Springs, Florida 34135
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
24. Lessee is an independent contractor, and is not any agent or representative or
employee of Authority. During the term of this Lease, neither Lessee, nor anyone acting on
behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of
Authority. Neither party will have the right or authority to bind the other party without express
written authorization of such other party to any obligation to any third party. No third party is
intended by the Parties to be a beneficiary of this Lease or to have any rights to enforce this
Lease against either party hereto or otherwise. Nothing contained in this Lease will constitute
the Parties as partners or joint ventures for any purpose, it being the express intention of the
Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that
Authority is not providing any vacation time, sick pay, or other welfare or retirement benefits
normally associated with an employee-employer relationship and that Authority excludes Lessee
and its employees from participation in all health and welfare benefit plans including vacation.
sick leave, severance, life, accident, health and disability insurance, deferred compensation.
retirement and grievance rights or privileges.
25. Neither party to this Lease will be liable for any delay in the performance of any
obligation under this Lease or of any inability to perform an obligation under this Lease if and to
the extent that such delay in performance or inability to perform is caused by an event or
circumstance beyond the reasonable control of and without the fault or negligence of the parte
claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or
undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action.
economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion.
fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought. and the
binding order of any governmental authority.
26. Lessee will not transport, use, store. maintain, generate, manufacture, handle.
dispose, release or discharge any Hazardous Materials upon or about the Premises, nor permit
employees, representatives, agents. contractors, sub-contractors, sub-sub-contractors, material
men and/or suppliers to engage in such activities upon or about the Leased Premises.
27. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made
aware of the following: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your County Public Health Department.
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28. Airport Development. The Authority reserves the right to further develop or improve
the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or
view of the Lessee, and without interference or hindrance.
29. Airport Operations. Lessee shall prevent any use of the Premises which would interfere
with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an
airport hazard, and will restrict the height of structures: objects of natural growth and other
obstructions on the Premises to such height as to comply with Federal Aviation Regulations, Part
77.
30. Nondiscrimination Clause. The Lessee for himself, his personal representatives,
successors in interest, and assigns. as part of the consideration hereof, does hereby covenant and
agree that (1) no person on the grounds of race. color. or national origin shall he excluded in
participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the
Leased Premises; (2) that in the construction of any improvements on, over or under such land and
the furnishing of services thereon, no person on the grounds of race,color or national origin shall be
excluded from participating in, denied the benefits of, or otherwise subjected to discrimination; (3)
that the Lessee shall use the Leased Premises in compliance with all other requirements imposed by
or pursuant to Title 49. Code of Federal Regulations, Department of Transportation. Subtitle A,
Office of the Secretary, Part 21. Nondiscrimination in Federally assisted programs of the
Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as said
regulations may be amended. That in the event of breach of any of the above nondiscrimination
covenants, Authority shall have the right to terminate this Lease and to re-enter into another lease as
if this lease had never been made or issued. The provision shall not be effective until the
procedures of Title 49, Code of Federal Regulations. Part 21 are followed and completed, including
exercise or expiration of appeal rights.
31. Dominant Agreements and Property Rights Reserved. This Lease is subordinate and
subject to all existing agreements between the Authority and the Federal Aviation Administration,
the Authority and the State of Florida, and the Authority and Collier County. During the time of
war or national emergency, the Authority shall have the right to lease the landing area or any part
thereof to the United States Government for military or naval or similar use, and, if such lease is
executed, the provisions of this Lease insofar as they are inconsistent with the provisions of the
lease to the Government,shall be suspended.
32. Lessee shall execute this 1.ease prior to it being submitted for approval by the
Collier County Airport Authority. This Lease may be recorded by the County in the Official
Records of Collier County, Florida, within tourteen (14) days after the County enters into this
Lease,at Lessee's sole cost and expense.
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IN WITNESS WHEREOF, the Lessee and Authority have hereto executed this Lease the
day and year first above written.
AS TO THE LESSEE: TELLUS FLORIDA,. LLC.
By: -e2z42zs3
Witness(signature) ul .Ayiy! ny Inglese. 1�ianager
T/-etCo A"v
(print name)
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'itness(si ature)
4/404A'AleSS-
(print
nam,'
AS TO THE AUTHORITY:
Attest: ,03t,11444,7, BOARD OF COUNTY COMMISSIONERS OF
DWIGHT` L rI, COLLIER COUNTY, FLORIDA, SERVING AS
THE COLLIER COUNTY AIRPORT
AUTHORITY
Attu a <<Clerk B
signature 01j4tpl..4 . TIM NANCE,CHAIRMAN
Approved as to form and legality:
vJ Item# «6
Jenntfe e�o, �`�
Assistant County Attorney
L1 Agenda —11-6
ltl` Date
Date 1--S-Ac'
Rec'd -- I
Page 10 of 10
Depui®IP
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Tellus Florida, LLC Lease . ,
Exhibit A
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Exhibit B Insurance and Bonding Requirements-Airport Facility Leases
❑ Aviation Tenant ® Non-Aviation Tenant
Insurance/Bond Type Required limits
1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ®Employer's Liability $ 100,000 single limit per occurrence
3. ®Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $ 1.000.000 single limit per occurrence, $2,000,000 aggregate for
ISO form Bodily Injury Liability and Property Damage Liability. This shall include Premises
and Operations;Independent Contractors; Products and Completed Operations
and Contractual liability
4. ►:4 Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify
and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Lessee or anyone
employed or utilized by the Lessee in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not
pertain to any incident arising from the sole negligence of Collier County
4. ®Automobile Liability $ 1.000.000 Each Occurrence;Bodily Injury& Property Damage,
Owned/Non-owned/Hired;Automobile Included
S. ® Other insurance as ❑Airport Liability Insurance $ Per Occurrence
noted: bodily injury and property damage
❑ Hangarkeepers Liability $ Per Occurrence per
aircraft including premise liability
❑Aircraft Liability Insurance $ Per Occurrence
bodily injury and property damage
❑Pollution Liability Insurance $ Per Occurrence
bodily injury and property damage
®Property Insurance—Replacement Cost-All Risks of Loss
6. ® Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to
meet. The same Lessee shall provide County witn certificates of insurance meeting the required insurance
provisions.
7. ® Collier County must be named as"ADDITIONAL INSURED"on the insurance Certificate for Commercial
General Liability where required
S. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,OR,Board of
County Commissioners in Collier County,OR Collier County Government,OR Collier County.The Certificates of
insurance must state the name of the Lease and location of the leased property.
9. E Thirty(30)Days Cancellation Notice required.
Tellus Florida,LLC Page 1
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Lessee's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five(5)days of the award of this Lease agreement.
Name of Firm _44G Date 4C.
Lessee Signature _
Print Name — _c
Insurance Agency /s, S � Se �. _
G
Agent Name lS� O Telephone Number 2'7 5Z/-Z/G6
Tellus Florida,LLC Page 2
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FIRST AMENDMENT TO COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE
FLORIDA DEPARTMENT OF MILITARY AFFAIRS
+VI
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this fl day of
, 2015 by and between Florida Department of Military Affairs, hereinafter
referred to a the "Lessee," and Collier County Airport Authority, hereinafter referred to as
"Lessor," collectively stated as the"Parties.".
RECITALS
WHEREAS, on November 1, 2014, the Parties entered in to a Standard Form Lease for
storage of construction equipment, military vehicles, and related equipment at the immokalee
Regional Airport (hereinafter referred to as the"Lease");
WHEREAS, on May 8, 2015 the Lessee notified Lessor that it intends to vacate the
leased premises no later than December 31,2015
W1 IEREAS, until such time as the Lessee vacates the leased premises, the Parties desire
to reduce the boundaries of the leased premises and proportionately reduce the rent.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. Exhibit"A" is replaced with the attached Exhibit"A," which reduces the size of the Leased
Premises from four acres to three acres.
3. Paragraph 7 is amended to reduce the annual rent to $18,295.20, which shall be paid in
equal month installments of$1524.60 a month beginning on July 1, 2015. All other terms and
conditions set forth in Paragraph 7 remain in full force and effect.
4. Excepting the aforementioned modifications set forth herein, all terms and conditions of the
Agreement remain in full force and effect. This First Amendment merges any prior written and
oral understanding and agreements, if any, between the parties with respect to the matters set
forth herein.
1
(1)
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IN WITNESS WHEREOF, the Parties have executed this First Amendment to Collier County
Airport Authority Standard Form Lease on the date and year first above written.
LESSEE:
- DEPARTMENT OF MI :.',Y AF." , IRS
WI S: _--_ i i r
VP � BY
'rint Name-. / i i/
�_'`d"" Valeria Gonzales-Kerr
v1— Colonel, Logistics
• Prin frame: Old- 1."1 Co'JO Florida National Guard
State Quartermaster
LESSOR:
Attest:
DWIGHT E BROCK,Clerk COLLIER COUNTY AIRPORT AUTHORITY
m
B \40) .� ' QC, B / e, �-.Y• Y•AttestaF, ' CLERK TIM NANCE, CHAIRMAN
signature only.:
Approved as for form
and legality
Jennifer A. Belpedio
Assistant County Attorney
Item#
al--
Agendan,215
Date
pate 'LU5 A__.
Recd L
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