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Report:A/R Aging Summary Page 1 of 1
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Collier County Airport Authority l
A/R Aging Summary
As of June�3�0,2013 ( I
It
Current 1 -30 31 -60 61 -90 91 and over Total
Aguayo,Domingo il e I $0.00
Air Expeditions,Inc. 819.27 $819.27
Barkman -237.94 $-237.94
Benedetti,Joseph -534.56 $-534.56
Berens,Robert -85.41 -167.42 $-252.83
Cash Sales -157.92 $-157.92
Classic 530.00 $530.00
Collier County Sheriff's Office 1,547.03 1,280.21 1,280.21 3,840.63 $7,948.08
Collier Mosquito Control District -0.01 -0.01 $-0.02
Cruz -254.40 $-254.40
Daniels,Travis 29.68 $29.68
Dean International Inc. 2,298.30 -38.62 $2,259.68
Fetzer -253.00 $-253.00
Fletcher 29,371.53 1,720.14 -5,120.69 $25,970.98
Fogle 253.00 $253.00
Frick 142.05 $142.05
Glass 253.00 253.00 253.00 247.79 $1,006.79
Greenwalt,Steve 212.00 $212.00
Gulf Coast Design Products,Inc. 3,761.48 500.00 500.00 13,534.60 $18,296.08
Hester 253.00 $253.00
Hiller Group,Inc. -164.87 -3.46 513.81 $345.48
lmmokalee Regional Raceway 2,650.00 $2,650.00
INACTIVE-Baker,P. -742.01 $-742.01
Inactive-Hoker 63.60 $63.60
Island Hoppers 656.06 510.28 390.14 $1,556.48
Kenney 1,260.00 $1,260.00
KPK Management,Inc. 144.00 563.40 $707.40
LaGrotta,V -191.12 $-191.12
Lavezzi -534.56 $-534.56
Mason,Ron 253.00 $253.00
Miromar 286.20 $286.20
My FBO 2,783.00 �p���\ $2,783.00
Olson Products,Inc. AA�� -503.23 $-503.23
Raven Air,LLC D�'._ ---\ 243.22 $243.22
Riella -506.00 -253.00 -8.20 $-767.20
€,-.^.Salazar Machine&Steel,Inc. 12,787.25 1.,787.25 12,787.25 $38,361.75
Serenity Construction Services 30.00 $30.00
Shepard 407.44 407.44 ,680.29 $4,495.17
Swain -380.92 $-380.92
Swasey 436.94 $436.94
Terminated-Benjamin 247.79 $247.79
TERMINATED-Murvin -196.85 $-196.85
Tipton -169.60 $-169.60
Viking Transport 941.23 $941.23
WCI Communities,Inc. 406.90 $406.90
TOTAL „ $0.00 $57,502.70 $14,275.47 $16,709.00 $19,125.44 $107,612.61
A\/*� Tuesday,Jul 02,2013 05:05:16 PM PDT GMT-4
This report was created using QuickBooks Online.
file:///C:/Users/ckkinzel/AppData/Local/Microsoft/W indows/Temporary%20lnternet%20Files/Content.Outlook/... 7/9/2013
14A 31
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Lessor s . '_ •s - i c property in any manner it so chooses and
shall not be liable to Lessee for such disposal. 1 4
2
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 an uncured
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.
c. Default by Lessor. Lessor shall in no event unless access to the Premises has
been denied 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
Page 7 of 14
14A 3 -7
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 powe
nor be construed to be waived, but any such right and power maybe exercised from ti
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 1St 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 rates or charges, as may
from time to time be levied for airfield operational privileges and/or services provided at the
Airport. Lessee shall also comply with any and all applicable governmental statutes, rules, orders
and regulations.
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.
Page 8 of 14
14A3
23. Except as otherwise provided herein, this Lease shall only be amended by mutt Ag
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, Suite 101
Naples,Florida 34112
If to Lessee: Salazar Machine& Steel Inc.
160 Airpark Boulevard
Suites 9& 10
Immokalee FL 34142
CC: Steven P. Kushner, Esq.
Becker&Poliakoff,P.A.
12141 Carissa Commerce Court, Ste. 200
Fort Myers, FL 33966
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
24. Lessee is an independent contractor, and is not any agent or representative or
employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf
of Lessee, shall hold itself out as an employee, servant, representative or agent of 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.
Page 9 of 14
14A 3
.: il4k A 25. Neither party to this Lease will be liable for any delay in the performance of anyl 4 A 2
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, without prior permission from the Executive Director or designee, 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 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,
Page 10 of 14
. •
14A 31
Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration
of appeal rights. A
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.
REMAINDER OF PAGE INTENTIALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 11 of 14
. .
14A 31
0. r •� t�
14A2
} v.' IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the
day and year first above written.
AS TO THE LESSEE:
Salazar Machine &Steel Inc.
4--
By: L.,- „ ',,
Ar
itness (si:nat re) 5
Pedro Salazar III, President
)hr1 J4-e 4) (Print Name and Title)
(print name)
Wit (sign re)
(print name)
AS TO THE LESSOR:
Attest: , BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRdCK, Clerk OF COLLIER COUNTY, FLORIDA, serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By: ■&,_ emsiAlilltMi
By '------ 1--k--CLJ
most as,_ to cholhoi,zp ,uty'erk FRED W. COYLE, CHA N
sign& ::rid ,
App . - orm
rfficiency:
V1
k, - I
Jeffr:! •II, atzkow, County Attorney
f'r
1
Page 12 of 14
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Page 13 of 14
14A 3 .
EXHIBIT B
► APPROVED USE OF PREMISES 14 A2
1. Manufacturing and repair of machinery.
2. Industrial activity associated with major and minor steel fabrication
3. Administrative activities
Page 14 of 14
14A 3 I
COLLIER COUNTY AIRPORT AUTHORITY 1 4 A 2
STANDARD FORM LEASE
This Lease (hereinafter referred to .s ` ease") i entered into this ,fit" day of
, 2012, by and betwee Salazar Machine Steel Inc., a corporation duly
organized under the laws of Florida, w ose principal and ailing address is 160 Airpark
Boulevard, Suites 9 & 10, Immokalee FL '4142, herein 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 is a parcel improved with a building located at the Immokalee Airport, in Collier County,
Florida, with a legal description set forth 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;
c. 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 in strict accordance
with Exhibit `B." 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 in Exhibit `B," 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.
Page 1 of 14
i
14 A 3 -1 . .
5. Permissible Alterations and Additions 4 A 2
dditions to Premises. Lessee may not make a
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 unless terminated earlier by the Parties, shall terminate on the 10th year anniversary
date of this Lease. There is no option to renew. If Lessee holds over after the expiration of the
lease term, such tenancy shall be from month to month under all of the terms, covenants and
conditions of this Lease subject, however, to Lessor's right to seek legal relief to eject Lessee
from the Premises as a holdover.
7. Rent. The Lessee agrees to pay the Lessor the sum of $140,000 per annum, in
equal monthly installments of $11,666.67, payable no later than the first of each month of the
term plus applicable sales tax. Commencing with the third anniversary of the Commencement
Date, and on each anniversary date thereafter, 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 Consumer Price Index Urban Wage Earners (CPI-U) base published
by the Bureau of Labor Statistics, United States 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 "CPI". An increase in the monthly Base Rent for the third
and successive Lease Years, if any, shall be based upon a comparison of the most recent CPI
published for the current Lease Year against the most recent CPI published greater than 12
months preceding the most current CPI. The amount of the additional Base Rent shall be the
percentage difference between the two preceding CPI's. In no event shall the Base Rent, once
increased, be decreased, nor shall it be increased more than once in a 12 month period.
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, future
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 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. 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 713.10, Florida
Statutes.
Page 2 of 14
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14A 3
, ,
10. Lessee's Obligation to Maintain Premises and Comply with All Lawful 14 A 2
s E 4: 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, landscaping, 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. Lessor hereby confirms that Lessee, its
employees, agents, contractors, and other business invitees, shall have full and complete access
to the Premises by way of appropriate roadways and entranceways providing access to the
Premises from a public thoroughfare. Said access shall be available twenty-four (24) hours per
day, seven (7) days per week. 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 untenable, 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 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. The Executive Director reserves the right to waive rental payments
or a portion thereof in the case of a natural disaster that renders the building untenable.
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4A 31 '
` t . 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 4 a C
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 Three Million and 00/100 Dollars ($3,000,000.00)
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.
Page 4 of 14
14A 3 . -
r'`.
L. t � c. Lessee shall also maintain standard fire and extended coverage insurance on .4, 2 b j
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 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 ($1,000,000.00) 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. 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 One Million
and 00/100 dollars ($1,000,000) per occurrence. Such coverage shall cover third party
liability 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 and the Collier County Risk
Management Department, 3311 East Tamiami Trail,Naples, Florida, 34112, 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.
Page 5 of 14
14A 31 '
17. Defaults and Remedies.
14 A2
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.
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.
i. 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
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