Agenda 05/08/2012 Item #16G15/8/2012 Item 16.G.1.
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting in its capacity as the Collier
County Airport Authority, approve the attached Sub -Lease Agreement and Rider with Three
Mayhoods LLC.
OBJECTIVE: To obtain approval of a Sub -Lease Agreement and corresponding Rider with
Three Mayhoods LCC ( "Sub- Lessee ") for two (2) acres of land located at the Immokalee
Regional Airport.
CONSIDERATIONS: The Authority is responsible for operation and maintenance of the
Immokalee Regional Airport (Airport), which it Sub - Leases from Collier County pursuant to a
master Sub -Lease Agreement dated May 24, 1994.
The Sub- Lessee has requested to utilize two (2) acres of land located at the Immokalee Regional
Airport, which equates to 87,120 square feet of leased area ( "Premises "), to maintain a hangar
for anything associated with aircraft maintenance, storage, and operation of aircraft for personal
use or aircraft leased by the Sub - Lessee. The Authority has found this use to be in the public's
interest.
The agreement shall terminate on March 31, 2022. The Sub - Lessee shall pay the Authority $0.10
(ten cents) per square foot per year, plus applicable sales tax, for this parcel of land, as the Federal
Aviation Administration has determined the leased Premises to be aeronautical in nature. The rent for
this parcel shall be $8,712 per year, plus applicable sales tax ($726 per month, plus applicable sales tax).
This item previously came before Board on April 10, 2012 (Item 14A1) and the Board directed the
Airport Authority Director to work with the tenant and the County Attorney's Office to include historical
uses on the property within the lease agreement. The County Attorney worked with both parties in
crafting a Rider to the Lease. The parties are now in full agreement.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. The
rents to be received are already accounted for in the Airport Authority's currently approved
budget.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, and is
legally sufficient for Board action. A majority vote is required for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners, in its capacity as the
Collier County Airport Authority, approves the attached Sub -Lease Agreement and Rider
between the Collier County Airport Authority and Three Mayhoods LLC.
PREPARED BY: Chris Curry, Airport Authority Executive Director
Packet Page -1219-
5/8/2012 Item 16.G.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1.
Item Summary: Recommendation that the Board of County Commissioners, acting in its
capacity as the Collier County Airport Authority, approve the attached Sub -Lease Agreement
and Rider with Three Mayhoods LLC.
Meeting Date: 5/8/2012
Prepared By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
4/30/2012 9:33:38 AM
Submitted by
Title: Executive Director - Airport Authority,Airport Authority
Name: CurryChris
4/30/2012 9:33:40 AM
Approved By
Name: BrueggemanDebra
Title: Operations Coordinator, Airport Authority
Date: 5/1/2012 8:50:05 AM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 5/1/2012 9:16:25 AM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 5/1/2012 9:41:17 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/2/2012 3:22:56 PM
Packet Page -1220-
Name: OchsLeo
Title: County Manager
Date: 5/2/2012 3:39:24 PM
Packet Page -1221-
5/8/2012 Item 16.G.1.
5/8/2012 Item 16.G.1.
SUB -LEASE AGREEMENT
THIS SUa4ZASE AGREEMENT, made this 13t day of April, 2012, bet%van the
Board of County Corrimi$siorners of Collier County, Florida, acting in its capacity as the Collier
County Airport Authority, Olereinai%r referred to as the " Auhority') and Three Mayhoods LLC.,
a corporation, (hereinetfter referred to as " Sub - Lena"), collectively stated as the "Parties.-
WHEREAS, Authority is responsible for operation and maintenanoe of the Immokelee
Regional Airport (" Airport"), which it heats from Collier County pursuant to a Lease Agreement
dated May 24,19%. as amended, which lease term expires May 23, 2025 ("Master Lem"); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain propereies to Sub-Lessee on the terms and conditions set forth below.
WITNESSETH:
NOW, 71JERUORF, in consideration of Ten Dollars (510.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein, the Parties hereby enter into this Sub -Lease on the following berms and
conditions:
1 • On the terms and conditions set forth -in this Sub - Lease, and in
consideration of the Sub - Lessee's perfornm= under this Sub. Lease, the Authority comreys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. PgXb2fiM of Snb -L� ftMi2 'e Sub - Leased Premises which is the subject
of this Sub -Lease is a two (2) acre area of land located at the immokalee Regional Airport,
Aupark Boulevard, inimokalee, Florida, which equates to 87,120 square feet of leased area, more
PUr icularly described in the attached Exhibit "A7, hereiaaRer referred to as the "Premises."
3. 111Wa1TMM' The initial term of this Sub -Lease shall oonnmenoe as of the do" first set
forth above, and unless extrcended as set forth herein, shall terminate on March 31, 2022.
4• &uwmder at EUiz&60U_ Upon expiration or termination of lease tern, Saab- Lessee
building shall remain under the ownership of the Sub - Lessee or his asssipaee. Sub - Lessee shall at
Sub-Lessee's expense. remove the building, tenant's personal property and trade fixh h and
those Of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, akeratum or additions made by the Imntohake Regional Airport shall remain the
pmperty of the Immokalee Regional. Airport when the property is vacated by Sub- Lessee at the
termination of this Sub -Lease or any extension thawt and $hail remain upon and be nmrrendered
with Sub - Leased Premises. 71he Panties shall also conducat an F.miron�l Phase 2 audit. To
the extetit that nay hazardous substances afire detected on the Sub•Lessed Premisees and generated
by Sub - Lessee or its employees or agcnta or guests, Sub- Laswc. an Sub4,cmwe:+s sale coat and
expense, shall remediate such hazardous substances, except if such hazardous substances were
llevbe& Much 112012. CAO Sub -Lane Agreeanan Throe MWboods. LLC
5/8/2012 Item 16.G.1. _
deposited by the Immokalee Regional Airport or its employees or agents at no fault of tine Sub-
lessee.
6. Conditions to Convavance. The Sub- bosses warrants and repro to the Authority
that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is
subject to all of the folk wing
a. Any and all conditions, restrictions, emomatbrances and limitations now reoorded
against the Premises;
b. Any and all existing or future zoning laws or ozditmots;
c. Any questions of title and survey that may arise in the fit=; and
d. The Sub - Lessee's satisfactory performance of all terms and oonditions of thria Sub -
Lease.
7. Use of Premiss. The sole and exclusive purpose of this Sub -Lem is for the Sub -
Lessee to maintain a hangar for anvthine mpdwed with '; +.,tans. er..a and
operation of aircraft for tMo 't we or .rcraft Lamd h y dw Sub- -= which use the Board of
County Commissioners, acting in its capacity as the Collier County Airport Authority. has found
to be in the public's interest. The Authority shall have the right to terminate dris Sub -Lease
should the Sub -Liame utilize the Premises in any manner inconsistent with the approved use. In
the event the Sub - Lessee shall cease to use the Premises for the purposes described above, and
such cessation of use shall continue for a period of sixty (60) days, this Sub- Lease, at the option
of the Authority, upon thirty (30) days written notice to ft Sub - Lessee, shall be tertninatad and
the Sub - Lessee shall atrtWft and vacate the Prernises to the Authority within ftrty (30) days
after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if .tea
such cessation is caused by events beyond this control of the Sub - Lessee such as acts of God or if
such cessation is due to closing for reconstruction or repairs to the Premises.
8. Permissible Aiternahans and A dj&= w p*+gmam. The Sub - Lessee may not make
any alterations or additions to the Promises without first obtaining the Authority's prior written
consent, which consent may be withheld in the Authority's sole discretion. The Sub - Lessee shall
submit to the Authority plans and specifications for all alterations and additions at the time such
consent is sought.
9. Ent ` The Sub - Lessee agrees to pay the Authority rant in the amount of 50.10 per
square foot, as the Federal Aviation Administration ( FAA) has determined the leased Promises to
be aeronautical in nature. The rent shall be paid in advance, for earn month during the team of
this Sub - Lease. The.base rent may increase; provided, however, such increases shall occur only
when it shall be determined that there has been an increase in the cost of living using the official
Conmunar Price IrAex Urban Wage Farriers (CPI -U) base published by the Bureau of Labor
Statistics, United Stales Department of Labor. The Consumer Price Index to be used will be that
for the South Urban Size C Area (or comparable index if such index in discontinued), hereinafter
called " CPT'. An aua+esae in the monthly base rent, if any, shall be based upon a companson of
the most recent CP1 published for the assent lease year against the most recent CPI published
2
Revised: March 13.2012, CAO Sub- ere Areen=K 7 w Mayl+o L.LrC
5/8/2012 Item 16.G.1.
greater than 12 months preceding the most currant CPL The amount of the additional base rant
shall be the percentage difference between the two preoediag CPI's. In no evert shall the base
rent, once increased, be decreased, nor shall it be incased none than once in a 12- month period.
10. Net Sub - Lease. This is a filly reef Sub - Lease, with the Sub - Lessee responsime, for
all costs, fees and charges conc arcing the Premises. Accmditngly, the Sub - Lesser shalt pmmptly
pay when due and prior to any delinquency all costs, fees, taxes, trash reEnoval services,
assessments, utility charges, impea fees and obligations of any kind that relate to the Premises.
To the extent authorized by law, the Sub - Lessee will indemnify and hold the Authority harmless
from any and all claims, costs and obligations arising from the Sub - Lessee's use of the Premises.
In ease any action or proceeding is brought against the Authority by reason of the Sub- Lessee's
use of the Premises, the Sub - Lessee shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if the Authority shall so request, at
the Sub- Lessee's expense, by counsel reasonably satisfactory to the Authority. It is specifically
agreed however, that the Authority may at its own cost and expacse participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Montag- The Sttb- 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 Pie may come are pat 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 Sub - Lessee and liras for
improvements made by the Sub - 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.
12. Dblisdion to Maintai n B=LW nisei r`.....Wv with Alf TA.yW gam„
Sub - Lessee, throughout the term of this Sublease, at its own The
the Authority, shall, and without any expense to
keep and maintain the Premises in good, sanitary and neat order, condition
and repair, and shall abide with all lawful requitaanents. Such maintenance and repair shall
include, but not be hinted to, painting, janitorial, fixtures and eppurtmwx*s (lighting, head,
plumbing, and air conditioning). Such repair may also include sttuctutal repair, if doemed
necessary by the Sub- Lessee. If the Premises we not in such
opinion of the A cOmP� 1° � reasonable
pint uticority, the Sub - Lessee will be so advised in writing. If cmTective action is not
begun within thirty (30) days of the receipt of such notice and prosecuted diligently until
corrective Ration is completed, the Authority may cause the same to be convetod and the Suter
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quid Enig=ga- The SulrLessee shall be entitled to quiet eajoymem so tong as the
Sub - Lessee has not defeurlted on any of the terns of this Sub..La se. A
shall have the exclusive right to use the Premises may. w. Sttb- Lessee
term of this Sub - Lease, the Sub - Lessee the term of this Sub - Lease. During the
U a shall be in may ema � die on the Premises, Any such
i compliance with all applicable codes sad ordinances.
Revised March 13. 2012, CAO Sub -Lemma ARteemaM Thnx MWboods, LLC
5/8/2012 item 16.G.1.
a. Casualty. If the Premises are deswoyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
Ed the Sub - Lessee must use the insurance proceeds, hmvmafter refer to as "PmeeeW to
rebuild or restore the Premises to substantially,its condition prior to such ruatty avast unless tike
Authority Pm Lessee with a written dowminetion that rebuilding or restoring the
Premises to such a condition with the Proceeds within a reasonable period of time is k*mcticable
or would not be in the best interests of the Authority, in which evert, proceeds shall b,_ . shall be
P'PdY remitted to the Authority. If the Authority elects not to repair or replace the
`mProverneats, than the Sub-Leave or the Authority may terminate this Sub -Lease by Providing
notice to the other party within ninety (90) days suer the Occurrence of such casualty. The
termination will be d%cave on the ninetieth (901h) day alter such fire or other casualty, unless
Wended by mutual written Mmxnew of the Parties. Wing the period between the date of such
casualty and the date of termination, Sub -Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as ad forth herein, or if the Premises is damaged
to a less than material extent, as reasonably determined by the Sub - Lessee and the Authority, the
euumld' and will Pied with reasonable diligence, at no cost or expense to the Authority, to
repair the Premises to mibstantiaily, the Condition as existed Prior to the casualty.
b. Condemnation. The Authority may terminate this Sub -Lease as part of a
condemnation Project. The Authority will use its beat efforts to mitigate any damage caused to
the Sub - Lessee as a result of such termination; however, in no event will the Authority be liable
to the Sub - Lessee for any compensation as a result of such termination,
15. ASPM to hMgMj The Authority, its duly authorized agents, co
npreseratives and employees, shall have the right ftert0re'
>o enter into a>� g� reasonable oral notice to the Sub- Lessce,
Upon the Premises during normal baseness hours, or such other bakes with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terns of this Sub -
L ease, or make any required hairs not bQing timlY completed by the Sub- Lessee.
16. Based on the location of Sub - Lessee's promises
on the a"Port, Sub - Lessee is expected to take the most direct route. The most direct routing will
ate the Sub - Lessee's necessity to cross active taxiwa rout
,Ys and rumgays which will allow a
greater degree of safety and decrease the likelihood of runway
provided to access your "Premises". inccasiona. Gate A access will be
17. Term) nation and
U5J=WM Unless otherwise mu'"Y agreed by the Putest within
one hundred twenty (I20) days after termination of the Sub - Lease tern, the Sub-Loc see shall
redeliver Possession of the Premises to Authority in good condition and repair. The Sub - Lessee
shall have the right ad any time during its °ceWOMY of the Premises to remove My of its personal
Ply, «I*mao_ and signs provided, how ever, at the termination of this Su Lease, Authority
shall have the option of either, requiring Sub - Lessee to demolish and remove all improvements
Lesser by Sub-Lassee to
imp Premises Upon Sub - Lessee's vacation thereof or. to require Sub -
fixilrrea vvi11 bocorne the me with fixttmrrs on the Prey which �Pr'�ments and
property of the Authority upon SubLem m,s vacation of the Premises.
4
Revised: MWCh 13, 2012, CAD
5/8/2012 Item 16.G.1.
IS. ANWDM= Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. ,ion. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier Cout>ty Risk Management.
a. Defaults by Sub - Lessee. Mle 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 Sub - Lessee" to the greatest extent then allowed by
law:
i. Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub- Lessee's material misrelmse ntation of any matter related to this Sub -
Lease.
iii. If Sub - Lessee suffers this Sub - ,Lease to be taken under any writ of
execution and/or other process of law or equity.
iv. Sub - Lessee's failure to utilize the premises as set fortis above.
V. Any lien is filed against the Premises or Sub - Lessee's interest therein or
any part thereof in violation of this Sub - Lease, or otherwise, and the same
remains unreleased for a period of sixty (60) days from the date of filing
unless within such period Sub - Lessee is contesting in good faith the
validity of such lien and such lien is appropriately bonded.
vi. Failure of Sub -Lessee to perform or comply with any material covenant or
condition made under this Sub- 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 differel cure period is provided), whereby Authority may, at its option,
ternmu to this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within brat- 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
oectir a nce of any of the events sex forth above shall constitute a material
breach and dc&Wt by Sub - Lessee, and this Sub-Lease may be immediately
to gnsted by Authority except to the extent then pro}n'biteed by law.
b. Remedies of AMU"hy,
i. In the event of the ooarurenec of any of the foregoing denniks. Authority,
in addition. to any other rights and remedies it may have, shall have the
5
Revifdt: Mwch 13, 2012CAO SW)--LAS a Arsonad LLC
5/8/2012 Item 16.G.1.
immediate right to re-enter and remove all individuals, entities and/or
property from the uses. Such property may be removed and stored in a
public warehouse or elsewhere at the cost of and for the account of Sub.
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 damep
which may be occasioned thereby. V Sub - Lessee does not cure the defaults
in the time fames as set forth above, and Authority has removed and stored
property, Authority shall not be required to More for more than thirty (30)
days. After such tune, 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 Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due. any fall installment of rent
or any other sum payable to Authority under this Sub - Lease, and if said
sum remains unpaid for more than five (5) days past the due date, the Sub -
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 (2V*) percent per month or the highest interest raft then
allowed by Florida law, whichever is higher ('Default Rate"), which
interest shall be promptly paid by Sub - Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Sub - Lessee or apply for injunctive relief as may apps necessary or
desirable to enforce the pet* mane and observance of any obligatiM
agreement or covenant of Sub - Lessee under this Sub- Lease, or otherwise.
Authority shall be entitled to reasonable attorneys fees and costs incurred
arising out of Sub - Lessee's default under this Sub - Lease.
c. Default by Authority. Authority shall in no event be
performance of any of its. obi" �'B� with default in the
moons hereunder unless and until Authority shall have
Wed to perform such obligations within thirty (30) days (or such additional time as is
reasonably required to correct such default) slier written notice to Authority by Sub-
Lessee properly and in meaningfid detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed -to perform any such obligation(s).
d. des of Sub - Lessee In partial Consideration for the nominal rent charged
to Sub - Lease, Sub - 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 Sub - Lease, and also
waives any Clain it might have to attorneys' fees and Costs arising out of Authority's
breach of this Sub - Lease. Sub- Lessee's remedies for Authority's default under this Sub -
Lem shall be limited to the following:
i. For injunctive relief as may appear.necessary or desirable to enforce the
perfornmancc and observance of any obligation, age 4emtar or covenant of
Authority under this Sub - Lease.
6
Revised: % ch 13.2012, CAO Sub -Lena Apument truce MWbwds, L.LC
i � 91
5/8/2012 Item 16.G.1. _
n. Sub - Lessee may cure any default of Authority and pay all sutra or do all
reasonably neeessay work and incur all reasonable costs on- behalf of and
at the expanse of Authority. Authority will pay Sub - Lessee on demand all
reasonable costs incurred and any amounts so paid by Sub- 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 Sub -Lease or hereafter existing under law or in equity. No delay or omission to
exercise any right or power soeruing upon any event of &4wh 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 Sub- Lessee
is a material inducement and consideration for the execution of this Sub -Leese by Sub-
Lessee a-A Authority. No waiver by Sub - Lessee or Authority of say breach of any
provision of this Sub -Lem 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.
21. jga. Manual The Sub - Lessee shall be provided with the Authority's Lease
Manual (if any), which the Authority may be amend from time to time. The term of this manual
shall be deemed to be incorporated by reference into this Sub - Lease, and Sub - Lessee shall be
bound by the terms of this Lease Manual, as of the Pt day of the second month the Sub- Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any tams m
this Sub -Lease which air in conflict with the lease Manual, the Lease Manual shall control.
22. Rules The Sub - Lessee shall comply with the Authority's published
Rules and Regulations for this airport, which are on Sk at the address set forth above, as such
regulations may be amended fives 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, provided all such Rules and Regulations comply
with current rent FAA rules, regulations and guiddmes. Tenant shall also comply with airy and all
applicable governmental statutes, rides, orders and regulations.
23. Ai= Dmmlavmcm The Authority reserves the right to further develop or improve
the landing and other arms of the Airpa n as it sees ft, rcg rdkw of the convenience, demotes or view
of the Teml, and without interf wance or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such developmeerrt or
improvanents in any lawful mariner.
24. AjMW The SO4,essee shall prevent any use of the Premises which
would interfere with or adversely affect the operation or maintenerve of the Airport, or otherwise
constitute an airport hazard, and will restrict the bright of strut amm, objects of natural growth and
7
Ravished: Moat 13.2012. CAO Sub-1 ere A>yoeeoeat 7W= n.LC
5/8/2012 Item 16.G.1.
other obstructiom on the Premises m such height as comply with Federal Aviation Regulations, Part
77.
Misedbumvs LAPI Masten
25. . This Sub -Lease shad be construed by and controlled under the laws of the State of
Florida. In the even of a dispute under this Sub- Lease, the Parties shall first use the County's
Alternative Dispute Resolution Procedure. Following the conclusion of this
PrOOOdure- either PWtY may file an action in the Chum Court of Collier County, to enfosre the
terms of this Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreeniW of the Parties with respect to the
Matters Y P of 3' by is Su 1 mid ao other agreement SWM=t Of ta+omise made any party,
be binding or valid Timer r the of any Party, which is not contained in this Sub -Lease shall
esaeaoe in the doing, pahrmance and obanvation of each and
every term, covenant and condition of ties Sub -Lease by the Parties.
2e In the event state or federal taws are enacted after the execution of this Sub-Lease,
which are applicable to and p vclude in whole or in part the Parties, compliar� with the tarns of
this Sub- Lease, then in such event this Sub -Lease shall be modified or tevoked as is tom, to
oomPly with such laws, in a manner which but reflects the intent of this Sub - Lease.
28. Except as otherwise Provided herein, this Sub -Lease shall only b,
amended b
austral written consent of the Parties hereto or by their succeum in interest. Notices Y
shall be given to the Parties set forth below and shall be made b her+eCm�r
overnight � given delivery within a by mauler mail. If given by tegulw mail, the nonce shall be e'
required time if deposited in the U.S. Mail, have
limit For the purpose of calculating time limits which run from red' �� � time
the time shall be calculated from actual race* of the giving P°rti�'be notice
� which, for puotposes of this Sub -Lease shell be Time shall staz only on business
legal Public holiday. Notices shall u addressed as follows. other tirari a Setauday, Sunday or
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7879
cc: Real Property Management
3335 Tamiami Trail East, guile 141
Naples, Florida 34112
If to Sub- Lessee: L. W. Mayhood
24020 Production Circle
Bonita Springs, FL. 34135
R-bW: Marsh 13.2oiz CAo 8
Sub4-am Asmawm lane MVkUC
5/8/2012 item 1.6.G.1.
Notice shall be deemed to have been ghm on the next successive business day to the date of
the courier waybill if sent by nationally recopized overnight delivery service.
29. Sub - Lessee is an independent entity, and is not aqy agent or representative or
employee of Authority . During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub -Lea m, shall bold itself out as an ernpioM servant, representative or agent of
Authority. Neidw party will have the right or audwity to bind the other party without express
written Au&Otization of such other party to any obligation to any 11urd party. No third party is
intended by the Parties to be a beneficiary of this Sub -Lease or to have any rights to enforce this
Sub -Luse against nth" party hereto or otherwise. Nothing contained in this Sub -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 Sub -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 Audwrity excludes Sub -
Lessee and its employees from participation in all health and welfare benefit plans including
vacation, sick leave, severance, life, area, dent, health and disability ws ranoe, deferred
compensation, retirement and grievance rights or privileges.
30. Force MWeure. Neither party to this Sub -Lease will be liable for any delay in the
performance of any obligation under this Sub -Lease or of any inability to perform an obligation
under this Sub -Lease if and to the extent that such delay in performance or inability to perfiorm is
caused by an event or atrcumswnce beyond the reasonable control of and without the fault or
negligence of the party claiming Force Mtgeaae. "Force Majeure" shall include an act of God,
war (declared or undeclared), sabotage, riot, insurrection, civil truest or disturbance, military or
guerrilla action, economic sanction or embargo, civil strike, work stoppage, slowdown or lock-
out, explosion, firz, earthquake, abnormal weather condition, hurricane, flood, lightning, wind,
drought, and the binding order of any govermaental authority.
3 L Hazardous Mascrials. Sub - Lessee will not tiTwpoM rise, store, maintain, generate,
manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the
Sub - Leased Premises except in strict compliance with all applicable codes, laws and ordinances
relating thereto, nor permit anployms, representatives, agents, contractors, sub - contractors, sub -
sub-contractors, material men and/or suppliers to engage: in such activities upon or about the Sub.
Leased Premises.
32. Tbc Sub-Lessee for himself, his paaomal representativrs,
arcoessors in interest, and assigns, as part of the considetation he=& does hereby covenant and
agree that (1) no person on the goouads of race, color, or natroetal odgiin shall be excluded in
participating in, denied the boor-fits of, or be otttertvise subjected to discxurrirurtiorr in the use of the
Sub - Leased Premises; (2) that in tine construction of my improves on, over or under such Land
and the furnishing of services **eon, no person on the grounds of race, color or national origin shall
be excluded foom participating in, denied the benefits o% or otherwise subjected to discrimination,
(3) that the Sub - Lessee shall use the Sub- Leased Premises in compliance with all other requirenmM
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of won,
Subtitle A, Office of nix Secretary, Part 21, in Federally seamed pwgraaos of the
Department of Transportation- Effectuation of Title V1 of the Civil Rights Act of 1964, as said
9
Revised: f wch 13, 2012. GAO Suat.au Apeemmt Thme Lt.0
XJ 1p
5/8/2012 Item 16.G.1.
regulations may be amended. That in the event of breach of any of the above nondiscrimination
counts, Authority shall have the right to teammate this Sub -Low and to re- charier and as if the
Sub -Lease had :rover been made or issued. 1be provision shall riot be effective until the procedures
of Title 49, Code of Federal Regulations, Part 21 are followed and oompieted, including exercise or
expiration of appeal rights.
33. Radon. In conipliance with Section 404.056, Florida Statutes, all Parties are hereby
node aware of the following; Radon is a naturally occurring radioactive gas fiat, 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.
34 This Sub -Lease Agreenu t is subordinate and subject to all
existing agreements between the Authority and the Federal Aviation Admini�oo, the Authority
and the State of Florida, and the Authority and Collier County. During the time of war or national
*mer9c rcy, tha Authwrity SW have the right to lease the landing area or any pert thereof to the
United Starter Government for military or naval or similar use, anti, if such lease is executed, the
provisions of this Lease Agreement insofar as they are rent with the provisions of the lem to
the Govern meat, shall be suspended. Any executed agreement shall be subordinate to the provisions
Of army existing or f tune Agreement between Authority and the United Stamen, relative to the
openhtian or maintenance a of the Airport, the execution of which has been or may be required as a
condition precedent to the wMenditure of Federal funds for the develMnot of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen 04) days after the execution of this Sub -Lease at the
Sub-Lessee's sole cost and expense.
IN WITNESS WHEREOF, the sub - Lessee and Authority have hereto executed this Sub-
Lem Agreement the day and year fast above written.
AS TO THE SUB - LESSEE:
_ 4;4
Witness (sigrumm)
irma,-Dk I
(xim narne)
Witness (signature)
�Sy s o A.�.4 .•� ,-
Revised: March 13.2012. CAO
By: W 3 -Z3 —2012
Leroy ayb0od
63 /a3
t ewhoods LL--C- .
10
Sub -Leine AWWWOu Three MWhoa14 L.LC
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
$Y•
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney -5 �2
lkvuxd: Mamb 13. 2012, CAO
5/8/2012 Item 16.G.1.
BOARD OF COUNTY CONOMSIONERS
COLLIER COUNTY, FLORIDA IN ' ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By.
FRED w. COYLE, Chairman
11
SA-LAM Awwmwt Mwa LLC
5/8/2012 Item 16.G.1.
�i
%i
EXIO 0
zw
Soo
X-
5/8/2012 Item 16.G.1.
RIDER
TO SUB LEASE AGREEMENT
BETWEEN COLLIER COUNTY AIRPORT AUTHORITY
AND THREE #fANI+99B8+,�—
Use of Premises. Notwithstanding the provision contained in Paragraph 7 of
the Sub -Lease Agreement relating to the operation of aircraft for "personal use," the
Parties agree that the Sub -Lease Agreement is intended to facilitate the
business /commercial activities of the Sub - Lessee which may, at the Sub - Lessee's
discretion, include the following future uses:
• operation of an aircraft maintenance and repair shop; and
• aircraft sales
Additionally, the Sub- Lessee represents that an aircraft ("the Fletcher Aircraft ") is
currently stored within the Sub- Leased Premises at no cost to the aircraft's owner.
The Authority will allow this storage arrangement to continue for these aircraft which
are described as Tail Nos. N419FF and N80IFF, provided that the storage of same
remain at no cost to the aircraft's owner.
IN" WITNESS WHEREOF, the Sub - Lessee and Authority have on this day of
, 2012 executed this Rider to the Sub - lease Agreement dated April 1, 2012.
AS TO THE SUB - LESSEE:
By:
Witness (signature) Lero May ood
-Z `tt%Llt..t._Co i Z,
(print name)
Witness (signature)
(print name)
4.
Witnessighature)
(print name)
BY: .
Sue Mayho6d,`Manager
Three Mayhoods, LLC
Packet Page -1234-
Witness (signature)
(print name)
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
,Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
5/8/2012 Item 16.G.1.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
By:
FRED W. COYLE, Chairman
Page 2
Packet Page -1235-