Agenda 01/13/2015 Item #16G 1 1/13/2015 16.G.1.
EXECUTIVE SUMMARY
Recommendation to approve and execute a Collier County Airport Authority Standard
Form Lease with the Florida Department of Military Affairs at the Immokalee Airport.
OBJECTIVE: To approve a Collier County Airport Authority Standard Form Lease (Lease) with
the Florida Department of Military Affairs (Tenant)for vacant land at the Immokalee Airport.
CONSIDERATIONS: Since December 2008, the Collier County Airport Authority (Authority)
has leased land and a hangar to the Tenant. At this time, the Tenant has[requested a Lease
with the Authority for the use of four acres of vacant land in order to store construction
equipment and vehicles related to operations conducted by the National Guard at the
Immokalee Regional Airport (Airport).
The initial Lease term is for one year with four additional one year renewals and includes a six-
month early termination notice for both parties. The rent will be $24,393.60 annually and will be
paid in equal monthly installments. The Tenant will be responsible for all costs related to the
operation and use of the leased area.
The Lease has been reviewed and approved by the County Attorney's c,ffice and the Risk
Management Department.
FISCAL IMPACT: The annual rent of$24,393.60 shall be paid in equal monthly installments of
$2,032.80 and shall be deposited into Airport Authority operating Fund (495), Immokalee
Regional Airport cost center(192330). The Tenant is tax exempt.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for
Board action. -JAK
RECOMMENDATION: That the Board of County Commissioners approves the attached Collier
County Airport Authority Standard Form Lease with the Florida Department of Military Affairs
and authorizes its Chairman to execute same.
PREPARED BY: Michael H. Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.G.16.G.1.
Item Summary: Recommendation that the Board of County Commissioners approves and
executes a Collier County Airport Authority Standard Form Lease with the Florida Department
of Military Affairs at the Immokalee Airport.
Meeting Date: 1/13/2015
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities Management
12/2/2014 12:06:29 PM
Submitted by
Title:Property Management Specialist, Senior, Facilities Management
Name: DowlingMichael
12/2/2014 12:06:30 PM
Approved By
Name: JonesHank
Title: Project Manager, Principal, Facilities Management
Date: 12/2/2014 12:24:20 PM
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 12/2/2014 12:44:40 PM
Name: Linda Best
Title:Manager-Risk Finance, Risk Management
Date: 12/2/2014 2:01:03 PM
Name: WalkerJeff
Title: Director-Risk Management, Risk Management
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Date: 12/2/2014 2:12:08 PM
Name: Mott Toni
Title: Manager-Property Acquisition&Const M,Facilities Management
Date: 12/5/2014 3:25:28 PM
Name: ShueGene
Title: Director-Operations Support,Transportation Administration
Date: 12/12/2014 5:13:38 PM
Name: LobbJustin
Title: Manager-Airport,Airport Authority
Date: 12/16/2014 4:16:16 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 12/18/2014 3:05:45 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/29/2014 8:48:39 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/29/2014 1:54:15 PM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 12/31/2014 10:26:02 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 12/31/2014 3:08:48 PM
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COLLIER COUNTY AIRPORT AUTHORITY
�-. STANDARD FORM LEASE
This Lease, hereinafter referred to as "Lease," is entered into this / day of , . , 2014, by and
between Florida Department of Military Affairs, whose mailing address is 82 arine Street, P.O. Box
1008, St. Augustine, Florida 32085, 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 "Lessor," 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 Lessor 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, located at the immokalee Regional Airport, in Collier County, Florida, consists of 4 acres, as
shown in Exhibit"A,"hereinafter referred to as the"Premises."
3. Conditions to Conveyance. Lessee warrants and represents to Lessor 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;
e. Any questions of title and survey that may arise in the future; and
d. Lessee's satisfactory performance of all terms and conditions of this Lease.
4. Use of Premises. Lessee shall utilize the Leased Premises for the sole purpose of
storage of construction equipment. military vehicles and related equipment. Lessor 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
Lessor, upon thirty (30) days written notice to the Lessee, shall be terminated and Lessee shall
surrender and vacate the Premises to the Lessor 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 anyone to use the Premises for residential purposes or as a public meeting place or
facility of any kind.
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5. Permissible Alterations and Additions to Premises. Lessee may not make any
alterations or additions to the Leased Premises without obtaining Lessor's prior written consent, which
consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans and
specifications for all alterations and additions at the time Lessor'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.
Availability of Funds: The State of Florida's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the State Legislature and/or the availability of Federal
Funds.
Right to Terminate: Lessee shall have the right to terminate this Lease without penalty in the event a
State-owned building becomes available to Lessee for occupancy, and upon the giving six (6) months
advance written notice to Lessor by Certified Mail, Return Receipt Requested.
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum of
$24,393.60 annually (the "Base Rental"), which includes sale tax if applicable, and which shall be due
and payable in advance by the first day of every calendar month during the term hereof, and shall be
paid in equal monthly installments of$2,032.80 each. 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 (1/30th) 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 Lessor and Lessee, however, agree and stipulate that
the lease rental rate may be unilaterally increased by the Lessor, annually, effective October 1 of each
year, in accordance with the Lessor's lease rental rate adjustment program. Currently the adjustment
program is based on changes in the United States Department of Labor, Bureau of Labor Statistics,
Consumer Price Index (the Index for U.S. City Average for Urban consumers). 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 1,Naples,
Florida 34114, or such other address as the Airport Manager may designate in writing.
8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees and
charges concerning the Premises. Accordingly, Lessee shall promptly pay when due and prior to any
delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, impact fees and
obligations of any kind that relate to the Premises. Lessee will indemnify and hold Lessor 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 Lessor by reason of Lessee's use of the Premises,Lessee shall
pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action
or proceeding if Lessor shall so request, at Lessee's expense, by counsel reasonably satisfactory to
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Lessor. It is specifically agreed however, that Lessor 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 Iiens placed against the Premises. All persons to whom these
presents may come are put upon notice of the fact that the interest of the Lessor 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 Lessor in
the Premises or any part of either. This notice is given pursuant to the provisions of and in compliance
with Section 7I3.10, 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 Lessor, 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 Lessor, 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, Lessor may cause the same to be corrected and Lessee
shall promptly reimburse Lessor for the expenses incurred by Lessor, 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
Lessor; Lessor'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 Lessor, 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 Lessor
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 Lessor, in which event, Proceeds shall be shall be promptly remitted to Lessor. If
the Lessor elects not to repair or replace the improvements, then Lessee or Lessor 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 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 Lessor, Lessee will proceed with
reasonable diligence,at no cost or expense to Lessor, to rebuild and repair the Premises to substantially
the condition as existed prior to the casualty.
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b. Condemnation. Lessor may terminate this Lease by written notice as part of a
condemnation project. Lessor will use its best efforts to mitigate any damage caused to Lessee
as a result of such termination; however, in no event will Lessor be liable to Lessee for any
compensation as a result of such termination.
13. Access to Premises. Lessor, 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 Lessor 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, Lessor shall have the option of either requiring Lessee to demolish and remove all
improvements made by Lessee 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 will become
the property of the Lessor 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 Lessor, which consent may be withheld in Lessor's sole discretion. Any
purported assignment or sublet without the express written consent of Lessor shall be considered void
from its inception, and shall be grounds for the immediate termination of this Lease. Lessor may
freely assign this Lease upon written notice to Lessee.
16. Insurance.
a. Lessee shall provide and maintain a Commercial General Liability insurance policy,
approved in writing by Lessor and the Collier County Risk Management Department, for not less than
One Million and 00/100 Dollars ($1,000.000.00) combined single limits during the term of this Lease.
If such amounts are less than good insurance industry practice would require, Lessor reserves the right
to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to
do so.
b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance covering
all employees meeting the then existing Statutory Limits in compliance with the applicable state and
federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred
Thousand and 00/100 Dollars ($100,000.00) per each accident. If such amounts are less than good
insurance industry practice would require, Lessor reserves the right to increase these insurance limits
by providing Lessee with at least sixty(60) days'advance notice to do so.
c. Lessee shall also maintain standard fire and extended coverage insurance on the additions
and improvements located on the Premises and all of Lessee's property located on or in the Premises
including, without limitation, furniture. equipment, fittings, installations, fixtures (including removable ^I
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trade fixtures), personal property and supplies, in an amount not less than the then-existing full
replacement value.
d. Business Automobile Liability Insurance, and Business Boat Liability Insurance, for
automobiles and boats used by Lessee in the course of its performance under this Lease, including
Employer's Non-Ownership and Hired Auto Coverage, each said policy in amounts of One Million and
00/100 Dollars ($I,000,000.00) combined single limit per occurrence. If such amounts are less than
good insurance practice would require, Lessor reserves the right to increase these insurance limits by
providing Lessee with at least sixty (60)days' advance notice to do so.
e. Should Lessee's operations at the Premises require Pollution Liability insurance, Lessor
shall notify Lessee, in writing, of Lessee's responsibility to provide Pollution Liability insurance
covering the accidental discharge and clean up of pollutants shall be maintained by the Lessee in an
amount of not less than Five Million and 00/100 dollars ($5,000,000) per occurrence. Such coverage
shall cover third party Iiability and clean up coverage.
f. Lessor shall be named as an additional insured on the Commercial General Liability
insurance policy. Lessor shall also be added as an additional insured on the Property Insurance policy
as their interest may appear. The above-described insurance policies shall list and continuously
maintain Lessor as an additional insured thereon. Evidence of such insurance shall be provided to
Lessor at the address set forth in this Lease, for approval prior to the commencement of this Lease; and
shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event
of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance
practice would require, Lessor reserves the right to reasonably amend their insurance requirements by
issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee shall have thirty (30)
days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of
Authority to transact insurance business in the State of Florida and must be rated "A" or better in the
most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and
must have financial capacity consistent with the risks covered. Each policy must contain an
endorsement to the effect that the issuer waives any claim or right of subrogation to recover against
Lessor, its employees, representatives and agents.
g. Failure to continuously abide with all of these insurance provisions shall be deemed to be a
material breach of this Lease and Lessor shall have the remedies set forth below.
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.
iv. Adjudication as bankrupt.
v. Making of a general assignment of the benefit of creditors.
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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 Exhibit B.
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 Lessor's written notice stating the non-compliance shall constitute a
default (other than those covenants for which a different cure period is
provided), whereby Lessor 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 Lessor 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 Lessor
except to the extent then prohibited by law.
b. Remedies of Lessor.
In the event of the occurrence of any of the foregoing defaults, Lessor, in
addition to any other rights and remedies it may have, shall have the immediate
right to re-enter and remove all individuals, entities and/or 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 Lessor has
removed and stored property, Lessor shall not be required to store for more than
thirty (30) days. After such time, such property shall be deemed abandoned and
Lessor 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 Lessor under this Lease, and if said sum remains unpaid
for more than five (5) days past the due date, the Lessee shall pay Lessor 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 Lessor.
iii. Lessor 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. Lessor shall be entitled to reasonable attorneys
fees and costs incurred arising out of Lessee's default under this Lease.
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c. Default by Lessor. Lessor shall in no event be charged with default in the
performance of any of its obligations hereunder unless and until Lessor 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 Lessor by Lessee properly and in
meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor 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 Lessor's breach of this Lease, and also waives any claim it might have to attorneys'
fees and costs arising out of Lessor's breach of this Lease. Lessee's remedies for Lessor'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 Lessor
under this Lease.
ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably
necessary work and incur all reasonable costs on behalf of and at the expense of
Lessor. Lessor will pay Lessee on demand all reasonable costs incurred and any
amounts so paid by Lessee on behalf of Lessor, 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 Lessor.
No waiver by Lessee or Lessor 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 be provided with the Authority's Lease Manual (if any),
which the Authority may be amend from time to time. The terms of this manual shall be deemed to be
incorporated by reference into this Agreement, and Lessee shall be bound by the terms of this Lease
Manual, as of the 1 St 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 Regulations. Lessee shall comply with the Authority's published Rules and
Regulations for this airport, which are on file 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
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the Airport. Lessee shall also comply with any and all applicable governmental statutes, rules, orders and
regulations.
Miscellaneous Legal Matters
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 Lessor: Executive Director
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
If to Lessee: Florida Department of Military Affairs
82 Marine Street, P.O. Box 1008
St. Augustine, Florida 32085
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 State Agency, and is not any agent or representative or
employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf of
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Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. 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 Lessor is not providing any vacation time, sick pay, or other
welfare or retirement benefits normally associated with an employee-employer relationship and that
Lessor 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 party 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 Leased 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.
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 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 be 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
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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, Lessor shall have the right to terminate this Lease and to re-enter and as if
the 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 Agreement 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 Agreement insofar as they are inconsistent with the provisions of the lease to the
Government, shall be suspended. This Lease and all provisions hereof are subject and subordinate to the
terms and conditions of the instruments and documents under which the Airport Owner acquired the
subject property from the United States of America and shall be given only such effect as will not conflict
or be inconsistent with the terms and conditions contained in the lease of said lands from the Airport
Owner, and any existing or subsequent amendments thereto. and are subject to any ordinances, rules or
regulations which have been, or may hereafter be adopted by the Airport Owner pertaining to the
Immokalee Regional Airport.
32. Lessee shall execute this Lease 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 fourteen (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 Lessor have hereto executed this Lease the day and
' 's year first above written.
AS TO THE LESSEE: Departmerlt of Milit. • ffairs
B / v
Al
Witness (sin attire)
7 Valeria Gonzalez-Kerr
\ 7 Colonel, Logistics
ki----14v `J /c?It Florida National Guard
(print narn,e) State Quartermaster
ecL_Witness (signature) Y-
1
(print name)
Lessor signature appears on the following page.
AS TO THE LESSOR:
Attest: Board of County Commissioners of Collier
DWIGHT E. BROCK, Clerk County, Florida, serving as the
Collier County Airport Authority
By: By:
, Deputy Clerk TOM HENNING, CHAIRMAN
Approved as to form and legality:
r7'N.
Jeffrey A. Klatzkow, County Attorney .
Page 11 of 11
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Packet Page -1955-
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g 71t
STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
ADDENDUM !
This lease by and between the State of Florida, Department of Military Affairs, an agency
of the State of Florida, and Collier County Airport Authority. The following condition
applies:
TERM RATE PER
MONTHLY RENT ANNUAL RENT
(MM/DD/YYYY) (MM/DO/YYYY) SQUARE FOOT
11/01/2014 - 10/31/2015 $0.14 $2,032.80 $24,393.60
$0.00 $0.00
$0.00 $0.00
- $0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Lessor Initial: `N�
Lessee Initial: `\:s
re3Packet Page -1956-
1/13/2015 16.G.1 .
ft.. . . -0 to
a
``,_A
' STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
ADDENDUM IA
This lease by and between the State of Florida, Department of Military Affairs, an agency
of the State of Florida, and Collier County Airport Authority. The following condition
applies:
RENEWAL
TERM
Start End PER MONTHLY RENT ANNUM RENT
(MM/DD/YYYY) (MM/an/YYVY) SQUARE FOOT
11/01/2015 _ 10/31/2016 $0.14 $2,032.80 $24,393.60
11/01/2016 - 10/31/2017 $0.14 $2,032.80 $24,393.60
11/01/2017 - 10/31/2018 $0.14 $2,032.80 $24,393.60
11/01/2018 - 10/31/2019 $0.14
$2,032.80 $24,393.60
$0.00 $0.00
$0.00 $0.00
- $0.00 $0.00
- $0.00 $0.00
- $0.00 $0.00
- $0.00 $0.00
THE REMALNDER OF THIS PAGE INTENTIONALLY LEFT BLANK
r
Lessor Initial: 4
Lessee Initial: tic'
Packet Page-1957-
0