Agenda 05/24/2016 Item #16E 5 5/24/2016 16.E.5.
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to City of Naples Airport Authority
Leasehold Agreement Land Lease at the North Quadrant Land Fill Site for a five year
extension of the Naples Recycling Center on behalf of Solid Waste Division.
OBJECTIVE: To extend the lease term for the continued use of land for the Naples Airport Recycling
Center.
CONSIDERATIONS: The County currently leases approximately 3.56 acres of vacant land along the
North Quadrant of the City of Naples Airport for the Solid & Hazardous Waste Management Division's
(SHWMD) Recycling Center. The purpose of this First Amendment to the Leasehold Agreement
(Leasehold Agreement) is to extend the lease term for five additional years creating an expiration date of
October 18,2021.
SHWMD has leased the subject property for the past thirty-six years. The Naples Airport Authority
(NAA) has agreed to this five-year extension to the lease term with no provision for renewal. The NAA
and the County shall have the right to terminate the lease for any reason, upon ninety (90) days prior
written notice.
The current annual rent is$43,937.76 and,pursuant to Paragraph 5 of the Leasehold Agreement,the NAA
may increase the annual rent in accordance with its rent adjustment program. Last year's rent was
increased by one percent after several years of no increases.
All other terms and conditions of the Leasehold Agreement will remain the same.
FISCAL IMPACT: The annual rent is budgeted in the SHWMD Cost Center and will continue to be
withdrawn from the Solid Waste Disposal Fund (470), and any annual increase, based on the Airport
Authority's rent adjustment figures provided by October of each year, shall be withdrawn from the
aforementioned account.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The County Attorney has reviewed the proposed First Amendment and
approved it as to form and legality. Majority support of the Board is required for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners approves the five year extension and
authorizes its Chairman to sign the attached First Amendment to City of Naples Airport Authority
Leasehold Agreement Land Lease North Quadrant Land Fill Site.
PREPARED BY: Michael H.Dowling, Senior Property Management Specialist
Division of Facilities Management
Attachments: 1)First Amendment to City of Naples Airport Authority Leasehold Agreement Land Lease
North Quadrant Land Fill Site
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.5.
Item Summary: Recommendation to approve a First Amendment to City of Naples Airport
Authority Leasehold Agreement Land Lease North Quadrant Land Fill Site for the Naples
Recycling Center on behalf of Solid Waste Division.
Meeting Date: 5/24/2016
Prepared By
Name: DowlingMichael
Title:Property Management Specialist, Senior,Facilities Management
4/28/2016 1:36:21 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities Management
Name: DowlingMichael
4/28/2016 1:36:22 PM
Approved By
Name: LinguidiDennis
Title:Division Director-Facilities Mgmt,Facilities Management
Date:4/28/2016 3:00:04 PM
Name: MottToni
Title:Manager-Property Acquisition&Const M,Facilities Management
Date: 5/2/2016 10:49:14 AM
Name: RodriguezDan
Title: Division Director-Solid Waste, Solid&Hazardous Waste Management
Date: 5/2/2016 11:29:25 AM
Name: Bendisa Marku
Title: Operations Analyst, Senior,Administrative Services Department
Date: 5/2/2016 5:11:54 PM
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Name: Joseph Bellone
Title:Division Director-Operations Support,Utilities Finance Operations
Date: 5/3/2016 3:54:03 PM
Name: Michael Stark
Title:Manager-Solid Waste Operations, Solid&Hazardous Waste Management
Date: 5/10/2016 4:35:31 PM
Name: PriceLen
Title:Department Head-Administrative Svc,Administrative Services Department
Date: 5/11/2016 10:44:03 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/11/2016 1:21:47 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/11/2016 2:28:22 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 5/13/2016 4:07:13 PM
Name: WellsLaura
Title:Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/13/2016 4:33:20 PM
Name: CasalanguidaNick
Title:Deputy County Manager,County Managers Office
Date: 5/15/2016 10:42:57 PM
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Lease#250
FIRST AMENDMENT
TO
CITY OF NAPLES AIRPORT AUTHORITY LEASEHOLD AGREEMENT
LAND LEASE
NORTH QUADRANT LAND FILL SITE
THIS FIRST AMENDMENT TO CITY OF NAPLES AIRPORT AUTHORITY LEASEHOLD
AGREEMENT LAND LEASE NORTH QUADRANT LAND FILL SITE("Amendment"),entered into this day
of ,2016,by and between the City of Naples Airport Authority, a political subdivision of the
State of Florida, whose mailing address is 160 Aviation Drive North,Naples,Florida 34104,hereinafter referred to as
"LESSOR," and Collier County, a political subdivision of the State of Florida, whose mailing address is c/o Real
Property Management, 3335 East Tamiami Trail, Suite 10], Naples, Florida 34112, hereinafter referred to as
"LESSEE."
WITNESSETH
WHEREAS, the LESSEE and LESSOR have previously entered into a City of Naples Airport Authority
Leasehold Agreement Land Lease North Quadrant Land Fill Site("Lease")dated October 20,2011,a copy of which is
attached hereto;and
WHEREAS,the LESSEE and LESSOR are desirous of amending the Lease;and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and Ten
Dollars($10.00)and other valuable consideration,the Lease is hereby amended as follows:
1. The following provision is added to Article 4 of the Lease:
1f this Lease is not terminated or expired by October 19,2016,this Lease shall automatically renew for five(5)
additional years,hereinafter referred to as the`Renewal Term,'and thus creating a termination date of October 18,2021.
2. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and
conditions contained therein,and said terms and conditions are applicable hereto except as expressly provided otherwise
herein.
IN WITNESS WHEREOF,the LESSEE and LESSOR have hereto executed this Amendment the day and year
first above written.
AS TO THE LESSOR:
ATTEST: CITY OF NAPLES AIRPORT AUTHORITY
a political subdivision of the State of Florida
, l
Q-
By: By: I�wJ AA . �.,
Thcodvrc D.Solidary DONNA .M' SER, HAIR
Executive Director
�'h�rsl±spher /4•Raz.anS k_y
0
LESSEE'S signature appears on the following page. U
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AS TO THE LESSEE:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk DONNA FIALA,CHAIRMAN
Apprt et J orm an. -gality: Approved as to form and legal sufficiency:
41111111
.41161.1Ple Aff-:10
Jeffrey . K tzkow William L.Owens
County o ey Counsel to the Authority
ap
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CITY OF NAPLES AIRPORT AUTHORITY LEASEHOLD AGREEMENT
LAND LEASE
NORTH QUADRANT LAND FILL SITE
1. PARTIES
THIS LEASE AGREEMENT (the "Lease"), made as of the Zb-lh day of •
Qc abe,e, 2011 (the "Effective Date"), by and between the CITY OF NAPLES •
AIRPORT AUTHORITY, a political subdivision of the State of Florida (the "Authority"),
whose address, telephone number, fax number and email are:
160 Aviation Drive North, Naples, FL 34104
phone no. 239-643-0733 fax no, 239-643-4084
e-mail: administration@flynaples.com
as Authority and COLLIER COUNTY, a political subdivision of the State of Florida (the
"County"), whose address, telephone number,fax number and email are:
3299 Tamiami Trail East, Suite 101, Naples, Florida 34112
.phone no. 239-252-8743,fax no. 239-252-8876
e-mail:michaeldowling@colliergov.net
(collectively, the"Parties"or the"Party").
RECITALS
WHEREAS, the County provides a recycling facility for residential and
commercial customers within Collier County;
WHEREAS, the County desires to lease from Authority a parcel of land in the
north quadrant of the Naples Municipal Airport (the "Airport") being a 155,100 square
foot parcel depicted and more particularly described and illustrated on Exhibit "A"
attached hereto and made a part hereof(the"Leased Premises");
WHEREAS, the Leased Premises are not included within the future development
plans for the Authority. The Authority has agreed to lease the Leased Premises to •
County under certain terms and conditions; and
NOW, THEREFORE, for and in consideration of the mutual covenants and
premises provided herein, and other good and valuable consideration, the receipt and
sufficiency of which are mutually acknowledged,the Parties agree as follows:
1. RECITALS.
The foregoing recitals are true and correct and are hereby incorporated by
g 9
reference as if fully set forth herein.
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2. PURPOSE.
•
The purpose of this Lease is for the Authority to lease the Leased Premises and
for the County to accept the Leased Premises for the sole purpose of operating a
recycling center.
3. STATEMENT OF LEASE.
In consideration of the faithful performance by County of the terms, conditions,
and covenants herein contained, Authority does hereby lease to County and the County
does hereby accept the Leased Premises together with any improvements now existing
or hereafter constructed thereon, as illustrated and described on Exhibit"A."
4. LEASE TERM.
The Leased Premises are leased to County for a term of five (5)years. The term •
of this Lease shall commence upon the Effective Date and shall continue uninterrupted
for five (5) years thereafter (the "Lease Term"), unless the Lease shall be sooner
terminated as hereinafter provided.
Both County and the Authority shall have the right to terminate this Lease for
any reason, upon ninety (90) days prior written notice, as set forth in Section 32 of this
Lease, to the other of its intent to terminate.
5. RATES, FEES AND CHARGES,
The County hereby covenants and agrees to pay as rent for the Leased
Premises the sum of Three Thousand Five Hundred Twenty-one Dollars and Seventy-
four Cents ($3,521.74) per month, (the "Base Rent") in advance, on the first day of
every calendar month during the Lease Term.
' In the event the County fails to pay the rent, fees or charges as required to be
paid under the provisions of this Lease within thirty (30) days after the same shall
become due, interest at the rate of one percent(1%) per month shall accrue against the
delinquent payment(s) until the same are paid. Implementation of this provision shall
not preclude the Authority from terminating the Lease for default in the payment of rent,
fees or charges, or from enforcing any other provision contained herein.
The monthly rent shall at no time be less than the Base Rent. The Authority and
County, however, agree and stipulate that the rent may be unilaterally increased by the
Authority, annually, effective October 1 of each year, in accordance with the Authority's
rent adjustment program.
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6. USE OF PREMISES.
County, upon the faithful performance of such covenants, agreements and
conditions required by law, or this Lease, shall and may, peaceably enjoy the Leased
Premises. Such quiet enjoyment is conditioned upon County adhering to the following
terms:
A. Permitted Use of Leased Premises. The County shall be permitted to utilize
the Leased Premises for only the following purposes: (i) for use as a recycling center
and for construction material, only when in compliance with all federal, state and local
laws and ordinances and when in compliance with all applicable environmental
standards and guidelines, and (ii) uses incidental or related thereto, upon the prior
written approval of the Authority (collectively, the "Permitted Uses").
B. Non-Exclusive Use. County, as well as County's agents, employees, and
customers, are permitted non-exclusive use of all roads, rights-of-way and driveways to
and from the Leased Premises in common with other airport users. County has the right
to free access, ingress to and egress from the Leased Premises. The Authority may, at
any time, temporarily or permanently close or consent to the closing of any roadway or
other right-of-way for such access, ingress or other area of the Leased Premises
presently or hereafter used as such. In such a case, a means of access, ingress and
egress reasonably equivalent to that formerly provided shall be substituted and
concurrently made available.
7. LiMITS ON USE
A,Aeronautical Uses. County shall not engage in any aeronautical activities.
B. Protection of the Environment. County agrees that it will not use, nor permit
the Leased Premises to be used, for any unlawful or environmentally hazardous
purpose, defined to include conduct and activity prohibited by Federal, State, local law
or ordinance.
C. Improvements. County may construct, install, erect and maintain buildings or
other permanent improvements on the Leased Premises, but only in accordance with
plans and specifications which have first been approved in writing by the Authority, and
in accordance with ordinances, guidelines, rules and regulations of the Federal Aviation
Administration (the "FAA"), the Authority, the Collier County Comprehensive
Development Code requirements, and other governmental agencies having jurisdiction
over the land constituting the Leased Premises.
8. ADDITIONAL OBLIGATIONS OF THE COUNTY
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The County shall demolish and remove the existing concrete wall running along
Enterprise Avenue (the "Wall"), on a portion of the Leased Premises and the area
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surrounding the removed Wall shall be graded and landscaped to the Authority's
satisfaction in accord with a landscape plan approved by the Authority. The Parties
acknowledge that the cost of the demolition, removal and landscaping is estimated to be
$27,700.00 (Twenty-Seven Thousand, Seven Hundred Dollars, and no Cents) and the
Parties agree to each pay one half of the cost. County shall complete Wall removal and
all improvements no later than sixty (60) days after the approval and acceptance of this
Lease by the Board of County Commissioners,
•
County shall contract the demolition of the Wall, the landscaping improvements •
and pay for same directly. The Authority shall abate County's rent for the Authority's •
one half of the cost of the improvements ($13,850,00) (Thirteen Thousand, Eight
Hundred Fifty Dollars and no Cents), which shall be credited to County's monthly rent
'during the first year of the Lease Term, and therefore County shall not be required to
pay rent for the months, taken as a credit for November ($3,521,74), December
($3,521,74), January($3,521,74), and February($3,284,78). •
If County shall terminate this Lease, at any time, County shall reimburse the
Authority, monthly, for County's amount of the rent abatement(example: If County shall
• terminate the First Year = $13,850; Second Year = $11,080; Third Year = $8,310;
Fourth Year = $5,540; Fifth Year= $2,770).
•
9. CONSTRUCTION ACTIVITY.
The County may, at any time and from time to time, after written approval by the
Authority, erect, maintain, alter, remodel, demolish, rebuild, replace and remove •
buildings and other improvements on the Leased Premises. Prior to commencing the
construction of any improvements, the County shall deliver to the Authority a site plan
depicting the improvements and the location thereof within the Leased Premises •
together with all drawings, plans and specifications applicable thereto (collectively, the
"Plans and Specs"). The Authority shall provide written notice of any objections to the
Plans and Specs within thirty (30) days of receipt from the County, failing which the
same shall be deemed to have been approved by the Authority. . The foregoing ••
notwithstanding, the Authority's right to object to the Plans and Specs shall be limited to
any matters that are in violation of applicable laws including, without limitation, FAA
laws (or other regulations applicable to the airport), zoning laws, SFWMD regulations or
any other laws or ordinances applicable to the Leased Premises. All construction of
improvements must conform with the approved Plans and Specs arid shall be
constructed or installed in accordance with ail applicable statutes, ordinances, building
codes, and rules and regulations of the Authority, and any other authority that may have
jurisdiction over the Leased Premises, County is solely responsible for determining and •
obtaining all necessary permits and approvals, and for paying any and all fees required,
• for the construction. The Authority's approval of County's plans and specifications does
not constitute a representation or warranty as to its conformity with City of Naples
building standards, codes or zoning.
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Prior to commencing construction the County shall comply with the following
provisions:
A. Alterations. It is expressly agreed that in the event that the County intends to
make external alterations to existing improvements on the Leased Premises, it shall
provide the Authority with sixty(60)days written notice prior to the date intended for the
commencement of such alterations to permit Authority time to review and consider the
planned alterations before making any final determination in connection therewith.
B. Inspection and Acceptance. County shall obtain building permits and
approvals required. All improvements including, but not limited to, buildings, site
preparation, sub-grade preparation, paving, drainage, and overall development of the
premises, shall be subject to inspection, testing, and acceptance in accordance with
applicable law.
•
C. Engineering. County shall set the necessary boundary stakes on the Leased
Premises and shall provide any surveys required for the design of the area paving.Any
material deviation from the approved Plans and Specification must have prior approval
by the Authority (subject to the limitations set forth above) and any required
governmental agency.
D. Utilities, Upon the prior written approval by the Authority, County may install
other utilities on the Leased Premises at its own cost and expense, including all
connection, inspection, and service fees_ All utilities must be installed underground,
unless agreed to in writing by the Authority.The Authority may negotiate with County for
the over sizing or extension of utilities to serve other parcels on the Airport Parcel.
E. Paving and Concrete. Any roadway access must be in accordance with the
Florida Department of Transportation standards as set forth in the "Manual on Uniform
Standards" for comparable construction. Construction of concrete building slabs will be
designed to accommodate building loads and heavy truckloads, as applicable.
F. Finish Site Grading. County shall perform, at County's expense, all finish
grading of the Leased Premises. •
G. Frontage Clearances, County must construct the improvements so that all
frontages and clearance of the improvements are in compliance with County standards
and so they do not encroach upon any building restriction line.
Notwithstanding anything in this Lease to the contrary, it is expressly understood
and agreed by the Parties that any buildings, improvements, fixtures, machinery and .
equipment of whatsoever nature at any time constructed, placed or maintained upon
any part of the Leased Premises shall be and remain the sole and exclusive property of
the County during the Lease Term. The County shall have the right at any time to
remove any and all buildings, improvements, fixtures and equipment owned or placed
by the County in, under or upon the Leased Premises.
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10. DISCHARGE OF LIENS.
County shall not cause or allow any Us Pendens, construction, labor, mechanic's
or materialman's lien to be filed against the Leased Premises, the Authority or the
Authority's real or personal property. In the event of the filing of any lien, or any other
charge whatsoever against the Leased Premises, the Authority or its property, County
shall immediately take all necessary action to secure the release of same and shall
provide, at County's expense, all bonds, security or undertakings to accomplish the
release of such liens, In the event County fails to secure the release of any such liens
within forty five (45) days of the date the County Is notified of the same, the Authority
shall have the right, but not the duty or obligation, to take any action it deems
appropriate to secure the release of any such lien including paying the underlying
obligation to the lienor. To the extent permitted by law, County agrees to indemnify and
hold the Authority harmless from all liability, damages associated with this provision,
expense and costs including reasonable attorney's fees.
11. RULES AND REGULATIONS.
County shall observe and comply with, at its own expense, ail laws, policies,
ordinances, rules, and regulations promulgated by the Authority and any appropriate
City, County, State, or Federal authority or agency having jurisdiction over the Airport
and the Leased Premises during the Lease Term.
12.AIRPORT OPERATIONS.
A. Conduct of Business by County. In the use of the Leased Premises pursuant
to this Lease, County shall conduct its operations in a environmentally safe, legal,
honest, orderly and proper manner so as not to interfere with the rights and privileges of
others at the Airport and shall be responsible for the conduct of its employees and
invitees. Upon receipt of complaints about the conduct of its business, County agrees to
cooperate immediately to address such complaints and correct any improper conduct.
B. Airport Hazards. County agrees to refrain from any act or omission which
would interfere with or adversely affect the operation or maintenance of the Airport,
disturb the quiet enjoyment of the.use of the Airport Parcel or surrounding property or
otherwise constitute an Airport hazard. Activities which may constitute airport hazards
including but not limited to any activity on the Leased Premises which directly or
indirectly attracts birds or other wildlife, produces unlawful amounts or levels of
chemical, biological or electromagnetic radiation, air pollution (gasses, particulate
matter, odors, fumes, smoke or dust), water pollution, excessive noise, glare, heat
emissions, radioactivity, electronic or radio interference with navigation and
communication facilities for the operation of the Airport and its use by aircraft, vibration,
prop-wash, or jet blast, or which is hazardous or dangerous by reason or risk of
explosion,fire,or harmful emissions.
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13. CONDITION OF PREMISES.
A. Phase.li Environmental Site Assessment. The Authority and the County
agree that on or about the Effective Date a Phase iI Environmental Site Assessment
(the "Base Line Phase II") will be conducted by the Parties. The Base Line Phase II
shall establish a base line for the environmental condition of the Leased Premises on
the date thereof, The Parties shall sign the Phase iI indicating their agreement that it
accurately sets forth the environmental condition of the Leased Premises.
At the expiration of this Lease, or within sixty (60) days thereafter, if this Lease
runs to the Lease Term or within sixty(60)days after this Lease is terminated by either
Party prior to term specified in Section 4 above, the County shall conduct a second
Phase II Environmental Site Assessment (the `Termination Phase II"). The Authority
shall compare the Base Line Phase 11 to the Termination Phase II to establish the
increase in contamination caused by the County's activities. The County shall be
responsible for any contamination of the Leased Premises occurring during County's
tenancy whether or not due to the acts or omissions of the County, its officers,
employees, business invitees, subtenants or assigns, and shall decontaminate and
clean-up the Leased Premises at its own expense. The County shall document the
clean-up or decontamination and provide to the Authority satisfactory evidence that the
Leased Premises is no longer contaminated above the Base Line Phase U. The Leased
Premises shall not be deemed to be decontaminated until the Authority so states in a
written document to County. Any expense incurred by the Authority in clean-up or
decontamination shall be paid by the County.
B. County Accepts Leased Premises "As Is". County intends and agrees to
improve Leased Premises and accepts the Leased Premises, and any improvements
and appurtenances thereto, in addition to the land in its present "as is" condition as
suitable for the purpose for which the Leased Premises are leased.
C. No Liability. The Authority shall not be liable for any damages or loss suffered
by County, or for injuries to persons or Leased Premises occasioned by (1) lapses in
service, (2) malfunctions, bursting, overflowing, or leaking of water or sewer pipes, or
from heating, air conditioning or plumbing fixtures, or from (3) electric wires, (4) water
leaks of any kind, or(5) erosion or deterioration of the roads, rights-of-way or driveways
during the term of this Lease.
D. Non-Liability of County. County further acknowledges that no representations
as to the condition of the soil, or the geology of the soil, on the Leased Premises,
expressed or Implied, have been made by the Authority, its officers, employees or
agents prior to or at the execution of this Lease other than those contained in the Base
Line Phase II. Notwithstanding the foregoing, County, its officers, employees, agents,
successors and assigns, will not be responsible for any damage to or contamination of
the Leased Premises in the event that such damage or contamination is directly due to
or caused by the act of the Authority, or its officers, employees, agents successors or
assigns.
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14. FLAMMABLE MATERIALS.
Except as reasonably necessary or incidental to the County's use of the Leased
Premises, flammable or explosive gases, liquids or solids shall not be allowed, kept or
used on the Leased Premises. All such flammable materials shall only be delivered in
amounts, and stored and used, as approved by the Authority in accordance with the
rules of the Florida Inspection and Rating Bureau and all other applicable statutes,
guidelines, ordinances, rules and regulations in force and effect during the term of this
Lease.
15.WASTE, REPAIR, MAINTENANCE AND CLEANLINESS OF PREMISES. {{
County understands that good maintenance is an on-going obligation, and
agrees to the following:
A. Waste. County shall not commit, nor suffer to be committed, any waste or
contamination on the Leased Premises, including physical damage to the Leased
Premises, either negligent, intentional, or fail to repair and maintain the Leased
Premises.
B. Repair and Paint. Throughout the Lease Term, County shall keep and
maintain, at its own cost and expense, the Leased Premises and any improvements,
fixtures, equipment, or landscaping thereon, in good order and repair, as reasonably
determined by the Authority. County shall make all necessary repairs thereto, including,
without limitation, all structural and non-structural repairs, including repairs to building
interior, building exterior, paving, site improvements, fixtures, facilities and equipment,
and shall replace all broken glass with glass of the same size and quality as that
• broken. All painted exterior surfaces and surfaces requiring treatment of any kind must
be maintained. in good condition and must be repainted or treated when reasonably
required to preserve the structure and to maintain high standards of appearance at the
Airport. All maintenance, repairs, and replacements must be of a quality substantially
equal to the original materials and workmanship.
C. Failure to Repair and Maintain. In the event County fails to promptly undertake
• the obligations imposed herein within ninety (90) days of written notice by the Authority
to the County, the Authority, in addition to the other remedies provided herein, shall
have the right to enter on to the Leased Premises and effect such repairs and recover
those costs and expenses from County.
D. Liquid and Solid Waste. County shall provide, as necessary, safe containment
for solid waste and a separate drainage, collection, or separation system to ensure that
no untreated liquid waste be discharged directly on adjacent property or into the
Airport's storm drainage or sanitary system.
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E. Damage Caused. County agrees to immediately report to the Authority any
damage County, its customers, visitors, agents, contractors or employees cause to the
runways, taxiways, taxi lanes, roads, rights-of-way and driveways to and from the
Leased Premises which it uses in common with other Airport users. County shall
reimburse the Authority for the actual cost of repairs to these common areas caused by
the County or those using the Airport by or through County.
F. Fence. If applicable to the Leased Premises, County shall erect and, at all
times during the term of this Lease, maintain an FM-recommended fence as part of the
Airport perimeter fence line.The County's portion of the fence line shall be specified and
approved by the Authority. The County's portion of the fence shall be constructed and
maintained at County's sole cost and expense.
16. STORM WATER DISCHARGE
County assures that no contaminants, pollution or hazardous material of any type
will be discharged onto adjacent property or into the storm water system at the Airport,
and agrees to be held responsible for any discharge either by County or by any of
County's subtenants, agents, or employees, during the entire Lease Term. Any fine or
expense for remedial action required by the Authority, by any agency or agencies
having jurisdiction, as a result of actions on or discharges from the Leased Premises,
will be charged to County, and County shall immediately reimburse Authority for these
costs, including attorneys'fees upon demand.
17. SECURITY
The Authority is under no obligation to provide security to the Leased Premises.
County may, at County's sole expense, employ security personnel, install security
lighting, or maintain alarm systems, If County elects to install outdoor lighting, County
must request permission from the Authority prior to installation. If at any time during the
Lease Term, additional security requirements are imposed on the Naples Municipal
Airport by the Federal Aviation Administration ("FAA"), Transportation Security
Administration ("TSA"), or any other agency having jurisdiction over the Airport, County
agrees to comply with such additional security requirements. at County's sole expense,
upon notification of such requirements in writing by the Authority.
15. UTILITY SERVICES,TAXES/FEES
A. Utilities. County shall pay for all utilities with respect to the Leased Premises
or the occupancy thereof, including without limitation, all costs of electric, water, sewer,
telephone and other services. County shall have the privilege, at its expense, to access
the water, storm water management, electrical, and phone utility service facilities during
the term of this Lease. Should County's operations require additional service facilities,
County shall, at its expense, extend such facilities to the Leased Premises and pay the
cost for all labor and materials. Authority's obligation under this provision shall be limited
to the facilities presently constructed as of the date of this Lease, and nothing herein
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shall obligate Authority to provide any utility to County that is not presently conveniently
available to the Authority within the Airport.
B. Taxes and Fees. County shall pay when due all valid taxes, special
assessments, excises, license fees and permit fees of whatever nature applicable to its
operation or levied or assessed against the Leased Premises, or improvements thereto.
County shall take out and keep current all licenses, permits and certificates (City,
County, State and Federal) required for the conduct of its activities at and upon the
Airport and Leased Premises, if any.
19. INDEMNIFICATION.
Each Party shall be liable for losses for the acts or omissions of its own officers,
employees, agents and contractors. To the extent permitted by law, each Party shall
save and hold harmless and indemnify the other and the other's past and present
commissioners, directors, managers, employees, agents, insurers, attorneys,
representatives, successors, and assigns, in both their individual and representative
capacities, of, from and against any and all liabilities, losses, damages, costs,
expenses, causes of action, suits, penalties, claims, demands, and judgments of every
kind and nature, including, without limitation, attorneys' fees and expenses of defense
(through all appeals), arising out of or in connection with:
A. any negligent act or intentional act of said Party or said Party's
personnel, employees, subtenants, agents, suppliers, subcontractors, licensees,
invitees or trespassers;
B. the failure to fulfill any obligations of said Party under this Lease; •
• C.the use and possession of the Leased Premises.
The indemnification obligations under this Section shall survive the Lease termination.
This Section shall also pertain to any claims brought against any Party(and said Party's
past and, present commissioners, council members, officers, employees, agents,
insurers, attorneys, representatives, successors, and assigns), in both their individual
and representative capacities, by the other Party, any of the other Party's personnel,
employees, agents, suppliers, subcontractors, licensees, invitees or trespassers and
anyone claiming by or through the other Party. Each Party's obligations under this
Section shall not be limited in any way by County's limits of, or lack of, sufficient
insurance protection. Nothing in this Lease shall constitute a waiver of sovereign •
immunity under Section 768.28, Florida Statutes, or any other applicable law or
regulation.
20. INSURANCE REQUIREMENTS.
A. Insurance Coverage. County agrees to secure and maintain in force at its
expense, a fire insurance policy with extended coverage endorsement, including
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vandalism and malicious mischief, covering the Leased Premises and all improvements
thereon and contents thereof for full replacement value. County further agrees to secure
and maintain, at its own expense, a general liability insurance, covering County's }•
activities, its use of the Leased Premises, its operations at the Airport, including its i.
liability under the indemnities herein, The liability insurance policy shall have coverage
limitations providing no less than $1,000,000.00 per person and $1,000,000.00 per
incident, naming the Authorityas an additional covered Party; and, shat[ not be subject
to cancellation or change except after thirty (30) days prior written notice of such
cancellation or change to the Authority.
B. Changes in Policy. County shall provide Authority with notice of any proposed
change to any insurance policy. The Authority maintains the right to reject a proposed
change in County's insurance coverage or carrier, and in the event of a policy
cancellation, the County is required to obtain satisfactory successor insurance without
lapse,
C. Authority as Additional Covered Party, All such insurance policies shall name
Authority as an additional covered Party.
D. Evidence of Insurance. County shall secure and deliver annually to Authority
appropriate insurance certificates showing evidence of coverage as required hereunder.
E. Form of Policies. All policies of Insurance required under this Section must be
in a standard form and written by qualified insurance companies satisfactory to the
Authority. All certificates of insurance shall state that "the City of Naples Airport
Authority," is named as an additional covered Party under the policy. Further, all policies
and certificates must contain a provision that written notice of policy lapses,
cancellation, and any changes shall be delivered to the Authority no fewer than thirty
(30) days in advance of such effective date.All insurance policies shall contain a clause
or endorsement by which the insurance carrier waives all rights of subrogation against
Authority, except where the Authority or its agents are liable for a specific act of gross
negligence.
F. Notice. County must give the Authority prompt and timely notice of any claim
made or suit instituted of which it is aware that in any way directly, indirectly,
contingently, or otherwise affects or might affect the Authority, and the Authority shall
have the right to participate in the defense of the claim to the extent of its own interest.
G. Lapse of Insurance Coverage. If County shall fail to maintain insurance
coverage as required, then the Authority may, but is not obligated to, obtain same and
add the cost of such insurance to next due Lease payment. If the.Authority does so, it
may charge interest thereon at the rate of 18.0% per annum, or at the maximum interest
rate permitted by law in the State of Florida, whichever is greater, provided, however,
that this provision shall not be construed to create an obligation for County to pay a
usurious rate of interest to the Authority,from the time of payment, which shall be added
to the rental becoming due, and shall be collected as an additional charge.
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• • 21.ACCESS TO PREMISES.
County agrees to allow the Executive Director, and other duly authorized
representative or agents of Authority, access at all reasonable times to the Leased
Premises for the purpose of examining or inspecting same.
22. DEFAULT.
The following shall constitute an event of default on the part of County and cause f r
for eviction:
A. Non-Payment of Rent. Failure to pay all rent fees or charges when due.
B. Other Obligations. Failure to perform any obligation, agreement or covenant
under this Lease, such failure having continued for ninety (90) business days after the
County's receipt of written notification of such default. County shall have the right to
extend this ninety (90) day cure period if the failure cannot be reasonably cured within
the ninety (90) day period and if, in the reasonable determination of the Authority, the
County aggressively and diligently attempted to cure the default within the ninety (90)
day period and continues to, diligently address the failure with the intention of
eliminating it.
23. AUTHORITY'S REMEDIES.
Upon default by the County, the Authority shall have the right to all remedies
available at law or equity.
24. DESTRUCTION OF PREMISES.
In the event that the Leased Premises or the improvements located thereon shall
be destroyed in whole or in part by fire, hurricane, flood or other casualty, then County
shall have the right, in its sole and absolute discretion, to terminate this Lease by
delivering written notice to the Authority within thirty (30) days following said damage or
destruction,failing which this Lease shall continue in effect.
25.ATTORNEY FEES.
The prevailing Party shall recover the attorney's fees and costs incurred to
enforce any provision of this Lease including all costs of collection. Attorney's costs and
expenses recoverable shall include all out of pocket expenses and shall not be limited
by the Florida Statewide Uniform Guidelines for Taxation of Costs in Civil Actions,
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26. RIGHT OF FLIGHT OPERATIONS.
County acknowledges and agrees that the Authority reserves itself, its
successors and assigns, for the use and benefit of the public, a right of flight for the
passage of aircraft in the airspace above the surface of the Leased Premises, together
with the right to cause in the airspace such noise as may be inherent in the operation of
aircraft, now known or hereafter used, for navigation of or flight in the airspace, and for
use of the airspace for landing on, taking off from, maneuvering, or operating on the
Airport, County's use and enjoyment of the Leased Premises is subject to such noise
and such other disturbance as may be inherent in such operations.
27.AIRCRAFT HAZARDS.
County acknowledges and agrees that the Authority reserves the right to take
any action it considers necessary to protect the aerial approaches of the Airport against
obstruction, together with the right to prevent County from erecting, or permitting to be
erected, any building or other structure on or adjacent to the Airport which, in the
opinion of the Authority, would limit the usefulness of the Airport or constitute a hazard
to aircraft.
28. OBSTRUCTIONS.
County expressly agrees for itself, its successors and assigns, to restrict the
height of structures, objects of natural growth and other obstructions on the Leased
Premises to such height as to comply with Federal Aviation Regulations, Part 77.
29. GOVERNING LAW.
This Lease shall be governed by and interpreted according to the laws of the
State of Florida. Any litigation involving this Lease or the use and occupancy of the
Leased Premises shall be filed and litigated in Collier County, Florida, in a non jury
proceeding. County and Authority hereby waives and releases any right they have or
may have to a trial by jury of any issue.
30. BINDING EFFECT. •
This Lease shall be binding upon, and inure to the benefit of the Parties hereto
and their successors and such assigns as may be approved by the Authority. This
reference does not authorize an assignment or subletting by County that is inconsistent
with the restrictions on assignments and subletting, stated heretofore.
31. REMEDIES CUMULATIVE-NO WAIVER.
The rights and remedies granted to Authority hereunder shall be deemed to be
cumulative and non-exclusive. The failure by Authority at any time to assert any such
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right or remedy shall not be deemed to be a waiver, and shall not preclude the
entitlement to or the assertion of such right or remedy at a later date.
32. NOTICE TO PARTIES.
It is understood and agreed between the Parties hereto that written notice,
mailed by certified mail, return receipt requested, or hand delivered to Authority or
County or County's agent shall constitute proper and sufficient notice if sent to Authority
addressed to: Executive Director, City of Naples Airport Authority, 160 Aviation Drive
North, Naples, Florida 34104, and if sent to County, addressed to the place designated
in the opening paragraph of this Lease.
33. SEVERABILITY.
In the event any immaterial provision of this Lease be determined by a proper
judicial authority to be unenforceable, such provision shall be considered separate and
severable from the remaining provision of this Lease, which shall remain in force and be .
binding as though such unenforceable provision had not been included, unless the
Authority in the reasonable exercise of its discretion determines that the provision found
to be unenforceable goes to the essence of the Lease and its absence renders the
Lease defective, then this Lease shall terminate and be of no further force or effect.
34. ENTIRE AGREEMENT.
This Lease constitutes the entire agreement between the Parties hereto with
respect to the subject matter contained in this Lease, supersedes any and all prior
written or oral agreements or understandings, and may be modified only by a writing
executed by the Parties hereto.
35. DOMINANT AGREEMENTS. •
The Parties hereto expressly understand that this Lease is subordinate and
subject to the Rules and Regulations, any and all lending, bonding, certificate of
participation, Airport Master Lease and agreements between Authority and the Federal
Aviation Administration, or between Authority and the State of Florida, or between
Authority and City of Naples whether presently existing or hereinafter created. During
times of war or national emergency, 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 instrument insofar as they are
inconsistent with the provisions of the lease to the Government, shall be suspended.
Any executed lease, including this one, shall be subordinate to the provisions of any
existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be
required as a condition precedent to the expenditure of Federal funds for the
development of the Airport.
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•
36. RADON DISCLOSURE. .
Radon is 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 unit,
37. FM GENERAL CIVIL RIGHTS PROVISION
The County, by execution of this Lease, assures the Authority that it will comply
with pertinent statutes, Executive Orders and such rules as are promulgated to assure
that no person shall, on the grounds of race, creed, color, national origin, sex, age or
handicap be excluded from participating in any activity conducted with or benefitting
from Federal assistance. This Section obligates the County or its transferee for the ! i
period during which Federal assistance is extended to the airport program, except
where Federal assistance is to provide, or is in the form of personal property or real i I
property or interest therein or structures or improvements thereon, This Section
obligates the County or any transferee for the longer of the following periods: (i) the
period during which the Airport Parcel is used by the Authority for a purpose for which
Federal'assistance is extended, or for another purpose involving the provision of similar
services or benefits; or (ii) the period during which the Authority or any transferee
retains possession of the Airport Parcel.
38, HEADINGS.
The Section headings are included in this Lease for reference purposes only, and
shall not be employed to interpret or to construe this Lease.
39.AUTHORIZATION.
Each person executing this Lease warrants and covenants that this Lease and
his/her execution of it has been duly authorized and approved by his/her respective
governing Board.
40.AMENDMENT,
This Lease shall not be altered, changed, or amended except by instrument in
writing executed by the Authority and the County,
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IN WITNESS WHEREOF, the Parties have caused this Lease to be executed by
their appropriate officials, as of the day and year first above written.
rr
AUTHORITY:
ATTEST: CITY OF NAPLES AIRPORT AUTHORITY,
a political subdivision of the State of Florida
/ ` CC -f., �... By: � '` ^•`'-c, _" j
Theodore D. oliday Cormac Giblin
Executive Director Chairman
Approved a y .ren andd.Pr
I
�.4 F. Jose, cA, a' 11`
• -Ito the Authority
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COUNTY:
ATTEST:S, BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY
#.wggT'. E` :tock;.91 Fred W. Coyle,Chairman au-tio3
Approved`a •t9 Qrm,and'_ pteg4.Q. ire v►
?N .e..e
legal sufficiengy:-
Jennifer B. ite,Asst.County Attorney
•
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