Backup Documents 09/13-14/2011 Item #16G416 G 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature, draw a line through routing lines #I thrnuah #4 comlete the, ohP.A-1i t and fhn nrd to Rnn Pik— Winn 1iri
Route to Addressee(s)
List in routing order
Office
Initials
Date
1.
appropriate.
(Initial )
2.
9/13/11
Agenda Item Number
16 G 4
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Steven T. Williams, Assistant County
Attorney
County Attorney
STW
9/15/11
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
Documents Attached
51(91(f
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff
Debra Brueggeman, Airport Authority
Phone Number
642 -7878 Ext. 34
Contact
appropriate.
(Initial )
Agenda Date Item was
9/13/11
Agenda Item Number
16 G 4
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Sub -Lease Agreement with Gregory
Number of Original
One
Attached
Shepard — Bld s. 7 & 8
Documents Attached
INSTRUCTIONS & CHECKLIST
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial )
L
Original document has been signed/initialed for legal sufficiency. (All documents to be
STW
—Applicable)
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
STW
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
STW
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
STW
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
STW
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 9/13/11 and all changes made during the
STW
meeting have been incorporated in the attached document. The County Attorney's
1P
Office has reviewed the changes, if applicable.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
16G4
MEMORANDUM
Date: September 20, 2011
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Two Sub -Lease Agreements between the Airport Authority
and Gregory Shepard for Building No. 7 & 8 and13 & 14 at the
Immokalee Regional Airport
Attached for your records, is a copy of the document referenced above,
(Item #16G4) approved by the Board of County Commissioners on Tuesday,
September 13, 2011.
The Minutes and Record's Department will hold the original sub -lease in the
Official Record's of the Board.
If you have any questions, please feel free to call me at 252 -8406.
Thank you.
Attachments (2)
16G4
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 13 }A- day of 4 ka4o- , 2011,
between the Board of County Commissioners of Collier County, Florida, acting in its capacity as
the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and Gregory
Shepard, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the
"Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease are the parcels improved with Buildings 13 and 14 located at the Immokalee
Regional Airport, Airpark Boulevard, Immokalee, Florida as identified in attached Exhibit
hereinafter referred to as the "Premises."
3. Simultaneous Sub - Lease. This Sub -Lease is simultaneous with the Sub -Lease
between the Parties for Buildings 7 and 8, and the site of private outdoor fuel tanks located
at the Immokalee Regional Airport. Breach of the Simultaneous Sub -Lease by the Sub -
Lessee shall void this Sub - Lease.
4. Initial Term. Based upon a received engineering report stating the expected life
spans of Buildings 13 and 14 exceed 10 years, the initial term of this Sub -Lease shall commence
as of the date first set forth above, and unless extended as set forth herein, shall terminate in 10
years. The leasable area shall be 250' by 120' totaling 30,000 square feet for both buildings.
5. Surrender at Expiration. Upon expiration or termination of lease term, Buildings 13
and 14 shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove Building 13 and 14, tenant's personal property and trade fixtures
and those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
1 ��U
Revised: September 7, 2011 CAO
16G4
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the Authority
that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is
subject to all of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now recorded
against the Premises;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to operate a storage and maintenance facility associated with a non - profit museum, 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
this Sub -Lease should the Sub - Lessee 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 the Sub - Lessee, shall
be terminated and the Sub - Lessee shall surrender and vacate the Premises to the Authority within
thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period
shall be tolled if such cessation is caused by events beyond the control of the Sub - Lessee such as
acts of God or if such cessation is due to closing for reconstruction or repairs to the Premises.
The Sub - Lessee and/or his Museum are to remove and no longer store any aircraft not
owned or loaned to the Sub - Lessee or the Museum unless approved in writing by the Airport
manager.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises 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. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.14 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be non - aeronautical in nature. The rent shall be paid in advance, for each month during the term
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
2 1
Revised: September 7, 2011 CAO
16G4
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, 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.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - 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.
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 case 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 expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - Lessee shall not in any way encumber the Premises,
and shall promptly remove any and all liens placed against the Premises. All persons to whom
these presents may come are put upon notice of the fact that the interest of the Authority in the
Premises shall not be subject to liens for improvements made by the Sub - Lessee and liens 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. Obligation to Maintain Premises and Comply with All Lawful Requirements The
Sub - Lessee, throughout the term of this Sub - Lease, at its own cost, and without any expense to
the Authority, shall keep and maintain the Premises in good, sanitary and neat order, condition
and repair, and shall abide with all lawful requirements. Such maintenance and repair shall
include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating,
plumbing, and air conditioning). Such repair may also include structural repair, if deemed
necessary by the Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoyment. The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
3
Revised: September 7, 2011 CAO
16G4
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to
rebuild or restore the Premises to substantially its condition prior to such casualty event unless the
Authority provides the Sub - Lessee with a written determination that rebuilding or restoring the
Premises to such a condition with the Proceeds within a reasonable period of time is impracticable
or would not be in the best interests of the Authority, in which event, Proceeds shall be shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set 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
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially 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 best 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. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate A access will be
provided to access Buildings 13 and 14.
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
ninety (90) days after termination of the Sub -Lease term, the Sub - Lessee shall redeliver
possession of the Premises to Authority in good condition and repair. The Sub - Lessee shall have
the right at any time during its occupancy of the Premises to remove any of its personal property,
equipment, and signs provided, however, at the termination of this Sub - Lease, Authority shall
have the option of either requiring Sub - Lessee to demolish and remove all improvements made by 11n
Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub - Lessee to f4 J
4
Revised: September 7, 2011 CAO
16G4
retain said improvements with fixtures on the Premises which improvements and fixtures will
become the property of the Authority upon Sub - Lessee's vacation of the Premises.
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation 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 forth 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 different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
vii. Lessee's failure and/or failure of Lessee's invitees, agents, guests or sub -
lessee's to follow and law, rule, regulation and/or requirement applicable to
5
Revised: September 7, 2011 CAO
16G4
the Immokalee Regional Airport, if after written notice such failure is not
immediately cured.
b. Remedies of Authority.
i. In the event of the occurrence of any of the foregoing defaults, Authority,
in addition to any other rights and remedies it may have, shall have the
immediate right to re -enter and remove all individuals, entities 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 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 damage
which may be occasioned thereby. If Sub - Lessee does not cure the defaults
in the time frames as set forth above, and Authority has removed and stored
property, Authority shall not be required to store for more than thirty (30)
days. After such time, such property shall be deemed abandoned and
Authority shall dispose of such property in any manner it so chooses and
shall not be liable to Sub - Lessee for such disposal.
Ii. If Sub - Lessee fails to promptly pay, when due, any full 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 (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 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 appear necessary or
desirable to enforce the performance and observance of any obligation,
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 charged with default in the
performance of any of its obligations hereunder unless and until Authority shall have
failed to perform such obligations within thirty (30) days (or such additional time as is
reasonably required to correct such default) after written notice to Authority by Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, 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 claim it might have to attorneys' fees and costs arising out of Authority's
6
Revised: September 7, 2011 CAO
16G4
breach of this Sub - Lease. Sub - Lessee's remedies for Authority's default under this Sub -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
it. Sub - Lessee may cure any default of Authority and pay all sums or do all
reasonably necessary work and incur all reasonable costs on behalf of and
at the expense of Authority. Authority will pay 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 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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -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.
21. Lease 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 terms 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 1s` day of the second month the Sub - Lessee
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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 the Airport, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Sub - Lessee, and without interference or hindrance. Notwithstanding the foregoing, nothing
%
Revised: September 7, 2011 CAO
herein shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations. The Sub - 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.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -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 Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
8
Revised: September 7, 2011 CAO
16G4
If to Sub - Lessee: Gregory Shepard
2243 Peck Street
Fort Myers, Florida 33901
cc: Henderson Franklin Starnes & Holt, P.A.
Attn: Bruce E. Sands, Esq.
P.O. Box 280
1715 Monroe St.
Ft. Myers, FL 33901
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall hold itself out as an employee, servant, representative or agent of
Authority. Neither party will have the right or authority to bind the other party without express
written authorization of such other party to any obligation to any third party. No third party is
intended by the Parties to be a beneficiary of this Sub -Lease or to have any rights to enforce this
Sub -Lease against either 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 Authority excludes Sub -
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.
30. Force Majeure. 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 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.
31. Hazardous Materials. Sub - Lessee will not transport, use, 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 employees, 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. Nondiscrimination Clause. The Sub - Lessee for himself, his personal representatives,
successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and
9
Revised: September 7, 2011 CAO
16G4
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
Sub - 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 Sub - Lessee shall use the Sub - Leased Premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the
Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, as said
regulations may be amended. That in the event of breach of any of the above nondiscrimination
covenants, Authority shall have the right to terminate this Sub -Lease and to re -enter and as if the
Sub -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.
33. Radon. 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.
34. Dominant Agreements. This Sub -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. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) days after the execution of this Sub - Lease, at the
Sub - Lessee's sole cost and expense.
10 P Revised: September 7, 2011 CAO
16G4
IN WITNESS WHEREOF, the Sub - Lessee and Authority have hereto executed this Sub-
Lease Agreement the day and year first above written.
A E - SSEE:
rtness ( gnature)
dc'-- E • J4-eY.Pr
(print name)
Witness (signature)
(print name)
GREGORY SHEPARD
Remainder of page intentionally left blank.
Remaining signature page to follow.
11
Revised: September 7, 2011 CAO
AS TO THE AUTHORITY:
ATTEST:
DWIGHT E. BROCK, CLERK
ell
l4y AU
%lerk
Ap rav4 q t4 arm
and legal sufficiency:
Steven T. Williams
Assistant County Attorney
12
Revised: September 7, 2011 CAO
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
-r
BY:
FRED W. COYLE, Chairman
Item # &Aq
Agenda
Date
Der'r�
1
16G4
c '
—,-I- C.R.
A 'A
FASEMN r
4 ACRES)
16G4
4.
3 ACRES)
3
E=
2
r 2
FC11.2 AQ-
ACRES) 17
10 aI
T'
(FUTURE RPZ
(-9W'xl,70O'wj.ojo)
r
�
cow
Y�
FUnM
is
S ROWAY'36'o4b-i�
Rl'" AY
El. 33.0()
;LA T 26 75'24:--ft:
p,
BM1'24*15.BW'
"AFM*
7
AR t WFOO
F U�
UTUW A%UrON
MA
WVa
(38 AMM', +
ITLM LAKIE
AC)
C)o
—,-I- C.R.
A 'A
FASEMN r
4 ACRES)
16G4
4.
3 ACRES)
3
E=
2
r 2
FC11.2 AQ-
ACRES) 17
10 aI
T'
(FUTURE RPZ
(-9W'xl,70O'wj.ojo)
2
I of
Attachment A
�
�3E�
Y�
2
I of
Attachment A
#,
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16G4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
ercentinn of the rhair 'e cin t„r.. A—,.,. I ;-- .h.,.....L ..,....:_.. c--- — — _ _ . . ... . . - - _.. _.
- - - - -- --
Route to Addressee(s)
List in routing order
- - - - --- - •• -_., •• . ,,. ».,» „T w... ...w uw va.wn..�., w.0
Office
ay. nuiu W Juv fltJVfl
Initials
lllic 0j).
Date
1.
appropriate.
(Initial)
Applicable)
2.
9/13/11
Agenda Item Number
16 G 4
3.
signed by the Chairman, with the exception of most letters, must be reviewed and signed
4. Steven T. Williams, Assistant County
Attorney
County Attorney
STW
9/15/2011
5. Ian Mitchell, Executive Manager BCC
Board of County Commissioners
Documents Attached
9�t9lll
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item 1
Name of Primary Staff
Debra Brueggeman, Airport Authority
Phone Number
642 -7878 Ext. 34
Contact
appropriate.
(Initial)
Applicable)
Agenda Date Item was
9/13/11
Agenda Item Number
16 G 4
Approved by the BCC
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Type of Document
Sub -Lease Agreement with Gregory
Number of Original
One
Attached
Shepard — Bld s. 13 & 14
Documents Attached
T1%TQTDTT!'TTl1ATQ p_ nuu wr rom
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applicable)
1.
Original document has been signed/initialed for legal sufficiency. (All documents to be
STW
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
-
STW
Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
STW
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
STW
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
STW
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
6.
The document was approved by the BCC on 9/13/11 and all changes made during the
STW
meeting have been incorporated in the attached document. The County Attorney's
Office has reviewed the changes, if applicable.
I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
08- MGR - 00132/33
SUB -LEASE AGREEMENT
THIS SUB -LEASE AGREEMENT, made this 13 day of k•,-ki- , 2011,
between the Board of County Commissioners of Collier County, Florida, acting in its capacity as
the Collier County Airport Authority, (hereinafter referred to as the "Authority ") and Gregory
Shepard, an individual, (hereinafter referred to as "Sub- Lessee "), collectively stated as the
"Parties."
RECITALS:
WHEREAS, Authority is responsible for operation and maintenance of the Immokalee
Regional Airport ( "Airport"), which it leases from Collier County pursuant to a Lease Agreement
dated May 24, 1994, as amended, which lease term expires May 23, 2025 ( "Master Lease "); and
WHEREAS, it is the Authority's finding that it is in the public interest to Sub -Lease
certain properties to Sub - Lessee on the terms and conditions set forth below.
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 Sub -Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Sub - Lease, and in
consideration of the Sub - Lessee's performance under this Sub - Lease, the Authority conveys to
the Sub - Lessee the present possessory interest in the leased premises described below.
2. Description of Sub - Leased Premises. The Sub - Leased Premises which is the subject
of this Sub -Lease are the parcels improved with Buildings 7 and 8, and the site of private outdoor
fuel tanks located at the Immokalee Regional Airport, Airpark Boulevard, Immokalee, Florida, as
identified in attached Exhibit "� ", hereinafter referred to as the "Premises."
3. Simultaneous Sub - Lease. This Sub -Lease is simultaneous with the Sub -Lease
between the Parties for Buildings 13 and 14 located at the Immokalee Regional Airport.
Breach of the Simultaneous Sub -Lease by Sub - Lessee shall void this Sub - Lease.
4. Initial Term: The initial term of this Sub -Lease shall commence as of the date first set
forth above, and unless extended as set forth herein, shall terminate as follows:
a. Building _7 - Building 7 shall be leased for a period of three (3) years. On or before the
third anniversary of the date of this lease, Building 7 shall be removed from the premises
or torn down. The leasable area for Building 7 shall be 175' by 85' totaling 14,875 square
feet.
1
Revised: September 7, 2011 CAO
16G4
b. Building 8 - Building 8 shall be leased for a period of three (3) years after which it
shall be torn down or relocated to the leased space at Buildings 13 or 14. The leasable
area for Building 8 is 50' by 25' totaling 1,250 square feet.
5. Surrender at Expiration. Upon expiration or termination of lease term, Buildings 7
and 8 shall remain under the ownership of the Sub - Lessee or his assignee. Sub - Lessee shall, at
Sub - Lessee's expense, remove Building 7 and 8, tenant's personal property and trade fixtures and
those of all persons claiming under Sub - Lessee from the Sub - Leased Premises. All
improvements, alterations or additions made by the Immokalee Regional Airport shall remain the
property of the Immokalee Regional Airport when the property is vacated by Sub - Lessee at the
termination of this Sub -Lease or any extension thereof, and shall remain upon and be surrendered
with Sub - Leased Premises. The Parties shall also conduct an Environmental Phase 2 audit. To
the extent that any hazardous substances are detected on the Sub - Leased Premises and generated
by Sub - Lessee or its employees or agents or guests, Sub - Lessee, at Sub - Lessee's sole cost and
expense, shall remediate such hazardous substances, except if such hazardous substances were
deposited by the Immokalee Regional Airport or its employees or agents at no fault of the Sub -
Lessee.
6. Conditions to Conveyance. The Sub - Lessee warrants and represents to the Authority
that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is
subject to all of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now recorded
against the Premises;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. The Sub - Lessee's satisfactory performance of all terms and conditions of this Sub -
Lease.
7. Use of Premises. The sole and exclusive purpose of this Sub -Lease is for the Sub -
Lessee to operate a storage and maintenance facility associated with a non - profit museum, 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
this Sub -Lease should the Sub - Lessee 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 the Sub - Lessee, shall
be terminated and the Sub - Lessee shall surrender and vacate the Premises to the Authority within
thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period
shall be tolled if such cessation is caused by events beyond the control of the Sub - Lessee such as
acts of God or if such cessation is due to closing for reconstruction or repairs to the Premises.
2
Revised: September 7, 2011 CAO
16G4
The Sub - Lessee and/or his Museum are to remove and no longer store any aircraft not
owned or loaned to the Sub - Lessee or the Museum unless approved in writing by the Airport
Manager.
8. Permissible Alternations and Additions to Premises. The Sub - Lessee may not make
any alterations or additions to the Premises 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. Rent. The Sub - Lessee agrees to pay the Authority rent in the amount of $0.14 per
square foot, as the Federal Aviation Administration (FAA) has determined the leased Premises to
be non - aeronautical in nature. The rent shall be paid in advance, for each month during the term
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 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, 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.
10. Net Sub - Lease. This is a fully net Sub - Lease, with the Sub - Lessee responsible for
all costs, fees and charges concerning the Premises. Accordingly, the Sub - 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.
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 case 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 expense participate in the legal
defense of such claim, with legal counsel of its choosing.
11. Liens and Mortgages. The Sub - Lessee shall not in any way encumber the Premises,
and shall promptly remove any and all liens placed against the Premises. All persons to whom
these presents may come are put upon notice of the fact that the interest of the Authority in the
Premises shall not be subject to liens for improvements made by the Sub - Lessee and liens 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. it
u�'
i
3
Revised: September 7, 2011 CAO
16G4
12. Obligation to Maintain Premises and Comply with All Lawful Requirements The
Sub - Lessee, throughout the term of this Sub - Lease, at its own cost, and without any expense to
the Authority, shall keep and maintain the Premises in good, sanitary and neat order, condition
and repair, and shall abide with all lawful requirements. Such maintenance and repair shall
include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating,
plumbing, and air conditioning). Such repair may also include structural repair, if deemed
necessary by the Sub - Lessee. If the Premises are not in such compliance in the reasonable
opinion of the Authority, the Sub - 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, the Authority may cause the same to be corrected and the Sub -
Lessee shall promptly reimburse the Authority for the expenses incurred by the Authority,
together with a 5% administrative fee.
13. Quiet Enjoy The Sub - Lessee shall be entitled to quiet enjoyment so long as the
Sub - Lessee has not defaulted on any of the terms of this Sub - Lease. Accordingly, the Sub - Lessee
shall have the exclusive right to use the Premises during the term of this Sub - Lease. During the
term of this Sub - Lease, the Sub - Lessee may erect appropriate signage on the Premises. Any such
signage shall be in compliance with all applicable codes and ordinances.
14. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by the Parties, by fire or other casualty,
and the Sub - Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to
rebuild or restore the Premises to substantially its condition prior to such casualty event unless the
Authority provides the Sub - Lessee with a written determination that rebuilding or restoring the
Premises to such a condition with the Proceeds within a reasonable period of time is impracticable
or would not be in the best interests of the Authority, in which event, Proceeds shall be shall be
promptly remitted to the Authority. If the Authority elects not to repair or replace the
improvements, then the Sub - Lessee or the Authority may terminate this Sub -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, Sub - Lessee will cease its operations as may be necessary or
appropriate. If this Sub -Lease is not terminated as set 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
Sub - Lessee will proceed with reasonable diligence, at no cost or expense to the Authority, to
rebuild and repair the Premises to substantially 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 best 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. Access to Premises. The Authority, its duly authorized agents, contractors,
representatives and employees, shall have the right after reasonable oral notice to the Sub - Lessee,
U
4
Revised: September 7, 2011 CAO
16G4
to enter into and upon the Premises during normal business hours, or such other times with the
consent of the Sub - Lessee, to inspect the Premises, verify compliance with the terms of this Sub -
Lease, or make any required repairs not being timely completed by the Sub - Lessee.
16. Sub - Lessee's Access to Premises. Based on the location of Sub - Lessee's premises
on the airport, Sub - Lessee is expected to take the most direct route. The most direct routing will
negate the Sub - Lessee's necessity to cross active taxiways and runways which will allow a
greater degree of safety and decrease the likelihood of runway incursions. Gate B access will be
provided to access Buildings 7 and 8.
17. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within
ninety (90) days after termination of the Sub -Lease term, the Sub - Lessee shall redeliver
possession of the Premises to Authority in good condition and repair. The Sub - Lessee shall have
the right at any time during its occupancy of the Premises to remove any of its personal property,
equipment, and signs provided, however, at the termination of this Sub - Lease, Authority shall
have the option of either requiring Sub - Lessee to demolish and remove all improvements made by
Sub - Lessee to the Premises upon Sub - Lessee's vacation thereof, or to require Sub - Lessee to
retain said improvements with fixtures on the Premises which improvements and fixtures will
become the property of the Authority upon Sub - Lessee's vacation of the Premises.
18. Assignment. Sub - Lessee may assign this Sub -Lease upon the written consent of the
Authority, which consent shall not be unreasonably withheld.
19. Insurance. The Sub - Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by Collier County Risk Management.
20. Defaults and Remedies.
a. Defaults by Sub - 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 Sub - Lessee" to the greatest extent then allowed by
law:
Abandonment of Premises or discontinuation of Sub - Lessee's operation.
ii. Sub - Lessee's material misrepresentation 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 forth 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
S
Revised: September 7, 2011 CAO
16 6�k
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 different cure period is provided), whereby Authority may, at its option,
terminate this Sub -Lease by giving Sub - Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Sub - Lessee, and this Sub -Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. Remedies of Authority.
In the event of the occurrence of any of the foregoing defaults, Authority,
in addition to any other rights and remedies it may have, shall have the
immediate right to re -enter and remove all individuals, entities 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 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 damage
which may be occasioned thereby. If Sub - Lessee does not cure the defaults
in the time frames as set forth above, and Authority has removed and stored
property, Authority shall not be required to store for more than thirty (30)
days. After such time, such property shall be deemed abandoned and
Authority shall dispose of such property in any manner it so chooses and
shall not be liable to Sub - Lessee for such disposal.
ii. If Sub - Lessee fails to promptly pay, when due, any full 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 (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 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 appear necessary or
desirable to enforce the performance and observance of any obligation,
agreement or covenant of Sub - Lessee under this Sub - Lease, or otherwise.
6
Revised: September 7, 2011 CAO
16G4
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 charged with default in the
performance of any of its obligations hereunder unless and until Authority shall have
failed to perform such obligations within thirty (30) days (or such additional time as is
reasonably required to correct such default) after written notice to Authority by Sub -
Lessee properly and in meaningful detail specifying wherein, in Sub - Lessee's judgment or
opinion, Authority has failed to perform any such obligation(s).
d. Remedies of Sub - Lessee. In partial consideration for the nominal rent charged
to Sub - Lessee, 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 claim 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 -
Lease shall be limited to the following:
For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Sub - Lease.
ii. Sub - Lessee may cure any default of Authority and pay all sums or do all
reasonably necessary work and incur all reasonable costs on behalf of and
at the expense of Authority. Authority will pay 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 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 Sub - Lessee
is a material inducement and consideration for the execution of this Sub -Lease by Sub -
Lessee and Authority. No waiver by Sub - Lessee or Authority of any breach of any
provision of this Sub -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.
21. Lease 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 terms 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 1St day of the second month the Sub - Lessee
7 j
Revised: September 7, 2011 CAO
16G4
receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in
this Sub -Lease which are in conflict with the Lease Manual, the Lease Manual shall control.
22. Rules and Regulations. The Sub - 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 the Airport, provided all such Rules and Regulations comply
with current FAA rules, regulations and guidelines. Tenant shall also comply with any and all
applicable governmental statutes, rules, orders and regulations.
23. 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 Tenant, and without interference or hindrance. Notwithstanding the foregoing, nothing herein
shall be construed to limit or impede Sub - Lessee's rights to object to any such development or
improvements in any lawful manner.
24. Airport Operations. The Sub - 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.
Miscellaneous Legal Matters
25. This Sub -Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Sub - 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 Sub - Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
26. This Sub -Lease contains the entire agreement of the Parties with respect to the
matters covered by this Sub -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 Sub -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 Sub -Lease by the Parties.
27. In the event state or federal laws are enacted after the execution of this Sub - Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Sub - Lease, then in such event this Sub -Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Sub - Lease.
28. Except as otherwise provided herein, this Sub -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
8
Revised: September 7, 2011 CAO
16G4
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. Time shall run only on business
days which, for purposes of this Sub -Lease shall be any day other than a Saturday, Sunday or
legal public holiday. Notices shall be addressed as follows:
If to Authority: Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
(239) 642 -7878
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Sub - Lessee: Gregory Shepard
2243 Peck Street
Fort Myers, Florida 33901
cc: Henderson Franklin Starnes & Holt, P.A.
Attn: Bruce E. Sands, Esq.
P.O. Box 280
1715 Monroe St.
Ft. Myers, FL 33901
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.
29. Sub - Lessee is an independent entity, and is not any agent or representative or
employee of Authority. During the term of this Sub - Lease, neither Sub - Lessee, nor anyone acting
on behalf of Sub - Lessee, shall hold itself out as an employee, servant, representative or agent of
Authority. Neither party will have the right or authority to bind the other party without express
written authorization of such other party to any obligation to any third party. No third party is
intended by the Parties to be a beneficiary of this Sub -Lease or to have any rights to enforce this
Sub -Lease against either 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 Authority excludes Sub -
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.
30. Force Majeure. 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 perform is
caused by an event or circumstance beyond the reasonable control of and without the fault or
9 �%
Revised: September 7, 2011 CAO
16G4
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.
31. Hazardous Materials. Sub - Lessee will not transport, use, 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 employees, 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. Nondiscri mination Clause. The Sub - 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
Sub - 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 Sub - Lessee shall use the Sub - Leased Premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the
Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, as said
regulations may be amended. That in the event of breach of any of the above nondiscrimination
covenants, Authority shall have the right to terminate this Sub -Lease and to re -enter and as if the
Sub -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.
33. Radon. 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.
34. Dominant Agreements. This Sub -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. Any executed agreement shall be subordinate to the provisions
of any existing or future Agreement between Authority and the United States, relative to the
10
Revised: September 7, 2011 CAO
16G4
operation or maintenance of the Airport, the execution of which has been or may be required as a
condition precedent to the expenditure of Federal funds for the development of the Airport.
35. This Sub -Lease Agreement may be recorded by the Authority in the Official Records
of Collier County, Florida, within fourteen (14) 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 -
Lease Agreement the day and year first above written.
A HE S SSEE:
;J
By:.
tness gnature) 6REGORY SHEPARD
$<U4c C • �iiq�v,t�S
(print name)
Witness (signature)
(print name)
11
Revised: September 7, 2011 CAO
16G4
AS TO THE AUTHORITY:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
AIRPORT AUTHORITY
r� Lm
By$� -o By; `� W
a s°
dt Y4Clerk FRED W. COYLE, Chairman
Approved) as' tib`'form
and legal sufficiency:
zizz_
Steven T. Williams
Assistant County Attorney
flan #
Agenda
Date
��f4
12
Revised: September 7, 2011 CAO
\ \ / ilu .
S1AiG ROWAY 38 Dib.
% El_ 33.00
7� I. +L1T 2625'24.596- N•
ILply 8724'16.aW' W
r � I ' . i • . OEVEl- QF''1E?1T i
h (38 ACPMM)r
ITUX LAW
AC) .�•� .
(1t AC) : .(D4 �j 13
STNG RP
«� ' 4 (500'x,•000' 00') -_._ _
C.R._(
\ , ;� _rye � �►
AvIGAT1Qh /T
(4 ACRES)J
16G4
E _ (4.3 ALMS) -_
I �I
IU a ^
2,F
% �, F 1.2 — 1
G,:::ACM):
O• —� L= - 10-
FUTURE RPZ --
(500'xi.700'x1,0107 j v
Ilia
o�
.i RI
r.
H
Attachment A •