Agenda 07/09/2019 Item #16G 3 (ITN #18-7334 w/Marco Hangars, LLC)07/09/2019
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Collier County Airport
Authority, award Invitation to Negotiate No. 18-7334, “Marco Island Airport Land Lease and
Hangar Development,” and authorize its Chairman to execute the attached Collier County Airport
Authority Leasehold Agreement for Hangar Construction with Marco Hangars, LLC for the
construction of hangars at the Marco Island Executive Airport.
OBJECTIVE: To satisfy customer demand and generate revenue by leasing an available parcel of land
at the Marco Island Executive Airport (“MKY”) to Marco Hangars, LLC for the purposes of constructing
aircraft hangars.
CONSIDERATIONS: Currently, an extremely high demand exists for aircraft storage hangars at MKY,
and the Collier County Airport Authority (the “Authority”) currently maintains a waiting list of
individuals seeking hangar facilities at the airport that currently stands at more than forty-five (45)
prospective tenants. As part of the recent runway reconstruction project at MKY, sufficient lands were
cleared and filled to allow for the construction of additional hangar units, as conceived in the Airport’s
Master Plan. Since that time, it was determined that a public-private partnership for hangar construction
via a long-term land lease would best fulfill the customer demand, while generating additional revenue
through lease proceeds and fuel sales, without the significant upfront capital expense required by the
Authority pursuing such an endeavor.
On March 30, 2018, the Procurement Services Division sent notices of Invitation to Negotiate (“ITN”)
No. 18-7334 to 8,233 firms for “Marco Island Airport Land Lease and Hanger Development.” Interested
parties downloaded fifty-seven (57) solicitation packages and the County received two (2) proposals by
the April 25, 2018 due date from Quality Enterprises USA, Inc. and Marco Hangars, LLC. Both proposals
were found to be responsive and responsible.
A Selection Committee met on June 5, 2018 to evaluate and score the proposals and determine if the
County should move forward with negotiations. After reviewing and ranking the proposals, the Selection
Committee discussed how many firms to bring back for negotiation. A consensus was reached by the
Committee that both firms would be brought back for negotiation.
Through the negotiation process, staff determined that the proposed terms with Marco Hangars, LLC
were more beneficial to the Authority, having negotiated a higher land lease rate than initially offered,
along with the incorporation of several larger corporate sized hangars to accommodate a growing sector
of jet aircraft operations at MKY. Accordingly, staff negotiated the attached Leasehold Agreement (the
“Lease”) with Marco Hangars, LLC (the “Tenant”). The Lease utilizes standard form long-term ground
lease terminology that has been customized for the terms of this ITN, the applicable rules, regulations and
procedures required by Collier County and the Authority, and includes an option for the Tenant to submit
the premises or a portion of the hangar premises to a condominium form of ownership, subject to the
terms of the Tenant’s Lease, including the conveyance of any such hangar units back to the Authority
upon the expiration of the Lease term.
The term of the fully-net Lease is forty (40) years. The proposed length of the lease is based, in part,
upon the discovery that the parcel requires extreme soil stabilization performed at the site, which will be
performed at the Tenant’s expense and is roughly estimated to cost just under four million dollars
($4,000,000), along with a requirement that the tenant construct common -use infrastructure that will
become property of the Authority. The premises consist of a parcel of land approximately 117,588 square
feet to be used for the construction, and subsequent operation of, aircraft hangars at MKY, inclusive of
eight (8) box hangars measuring 70’ x 56’ each, three (3) bulk hangars measuring 110’ x 80’ each. Within
six (6) months of the effective date, Tenant shall del iver to the Authority all plans and specifications,
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along with a proposed schedule, which shall be reviewed and approved by the Authority prior to
permitting. The plans and specifications shall adhere to all federal, state and local development codes,
regulations and ordinances.
Additionally, and as part of the Lease, Tenant shall construct and extend an internal airport access
roadway extending from the proposed terminal parking lot to the leasehold, which will belong to the
Authority but be dedicated for common use allowing ingress and egress to the Airport for tenants and
other authorized persons.
The initial lease rate of $4,899.50 per month, plus applicable taxes, currently 7% or $342.97, for a
monthly total rent payment of $5,242.47 shall commence when a Certificate of Occupancy is issued by
Collier County. The rent may be increased annually in accordance with the Authority’s lease rental rate
adjustment program. In addition to rent, the Tenant will pay an annual Commercial Operating Fee,
currently $200, plus applicable sales tax, per the Authority’s published Rates & Charges.
Tenant shall comply with all initial and ongoing insurance and bonding requirements, including a
performance bond or letter of credit in a sum equal to the full cost of all such improvements, furnished
prior to the start of construction.
Upon lease termination, Tenant agrees that all right and title to any alterations, additions and
improvements made to the Premises during the Lease term shall vest in the Authority, however the
Authority reserves the right to cancel or terminate the lease if the Tenant is found to have defaulted on its
obligations, or if cancellation is deemed necessary by the Authority to implement any phase or portion of
any Airport Master Plan adopted by the Authority, however such option, if exercised, shall entitle the
Tenant to compensation for the fair market value of the leasehold interests and improvements.
FISCAL IMPACT: Monthly rent in the amount of $4,899.50 and commercial operating fee of $200
annually, plus applicable sales tax of 7%, shall be deposited in Authority operating Fund (495), Marco
Island Executive Airport Cost Center (192370).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with the
Executive Summary.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval.-SRT
RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority,
award Solicitation ITN No. 18-77334, “Marco Island Airport Land Lease and Hangar Development,” and
authorize its Chairman to execute the attached Collier County Airport Authority Leasehold Agreement for
Hangar Construction with Marco Hangars, LLC for a parcel of land at the Marco Island Executive Airport
to be used for the construction of aircraft hangars.
Prepared by: Justin Lobb, Airports Manager, Airport Authority
ATTACHMENT(S)
1. [Linked] Leasehold Agreement for Hangar Construction 6.20.19 executed by MH (PDF)
2. 18-7334 - Approved NORA (PDF)
3. NegotiatedProposalMH (PDF)
4. 18-7334 Solicitation (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.3
Doc ID: 9266
Item Summary: Recommendation that the Board of County Commissioners, acting as the Collier
County Airport Authority, award Invitation to Negotiate No. 18-7334, “Marco Island Airport Land Lease
and Hangar Development,” and authorize its Chairman to execute the attached Collier County Airport
Authority Leasehold Agreement for Hangar Construction with Marco Hangars, LLC for the constructi on
of hangars at the Marco Island Executive Airport.
Meeting Date: 07/09/2019
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
06/20/2019 10:55 AM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
06/20/2019 10:55 AM
Approved By:
Review:
Airport Authority Justin Lobb Additional Reviewer Completed 06/20/2019 10:57 AM
Growth Management Department Christine Arnold Level 1 Reviewer Completed 06/20/2019 11:04 AM
Growth Management Department Gene Shue Additional Reviewer Completed 06/20/2019 11:12 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 06/20/2019 11:15 AM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 06/20/2019 12:01 PM
Procurement Services Ted Coyman Additional Reviewer Completed 06/20/2019 3:53 PM
Growth Management Department Debra Brueggeman Deputy Department Head Review Skipped 06/06/2019 3:42 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 06/24/2019 4:40 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 06/25/2019 11:18 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/26/2019 1:48 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/26/2019 3:12 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/27/2019 1:11 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/27/2019 2:08 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM
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16.G.3.b
Packet Pg. 2326 Attachment: 18-7334 - Approved NORA (9266 : Marco Hangar Construction Leasehold Agreement)
Marco Hangars, LLC Negotiated Proposal, December 12, 2018 Page 1 of 8
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Packet Pg. 2327 Attachment: NegotiatedProposalMH (9266 : Marco Hangar Construction Leasehold Agreement)
Marco Hangars, LLC formally submits the following negotiated proposal changes, per the
meeting held between Marco Hangars, LLC and the Collier County Board of County
Commissioners Procurement Services Division, held on December 6, 2018.
1.) Land Lease Revenue to Collier County:
117,588 square feet of land leased x $0.50 per square foot = $58,794 per year
Marco Hangars, LLC Negotiated Proposal, December 12, 2018 Page 2 of 8
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Packet Pg. 2328 Attachment: NegotiatedProposalMH (9266 : Marco Hangar Construction Leasehold Agreement)
2.) Revised Layout Exhibit
Marco Hangars, LLC Negotiated Proposal, December 12, 2018 Page 3 of 8
16.G.3.c
Packet Pg. 2329 Attachment: NegotiatedProposalMH (9266 : Marco Hangar Construction Leasehold Agreement)
A 5-Y EAR F INANCIAL P LAN TO I NCLUDE O PERATIONAL
O BJECTIVES AND P ROJECTIONS
KEY FINANCIAL ASSUMPTIONS
Marco Hangars has developed a 5-year financial pro-forma. Key assumptions utilized within the
financial model are as follows:
§Marco Hangars will have 11 hangar units available for lease or purchase.
§The Company projects 75% units leased in Month 1 of Year 1, 80% units leased in Month
2 of Year 1, 85% units leased in Month 3 of Year 1, 90% units leased in Month 4 of Year
1, 95% units leased in Month 5 of Year 1, and 100% units leased in Month 6 of Year 1
onwards. These are conservative projections as Marco Hangars expects full occupancy in
the first quarter of operations. Leases are projected to range from $3,500/month to
$6,000/month, depending on the unit.
HANGAR RENTAL PROJECTIONS
§Building 1 (8 units total, box hangars) will rent for $3,500 per month per unit
§Buiding 2, 3, 4 (3 units total, jet hangars) will rent for $6,000 per month per unit
HANGAR SALES PROJECTIONS
Marco Hangars’ financial model also assumes 2 units sold in Month 7 of Year 1 (1 box hangar, 1
jet hangar). From Year 2 to Year 5, Marco Hangars projects to sell 1 additional box hangar each
year on Month 7.
§Units in Building 1 will be sold for approximately $650,000
§Buiding 2, 3, 4 (3 units total, jet hangars) will be sold for approximately $950,000
3.) Revised Financial Projections
Marco Hangars, LLC Negotiated Proposal, December 12, 2018 Page 4 of 8
16.G.3.c
Packet Pg. 2330 Attachment: NegotiatedProposalMH (9266 : Marco Hangar Construction Leasehold Agreement)
NON-PERSONNEL ASSUMPTIONS
Figure 10: Non-Personnel Expenses
Operating Expenses Year 1 Year 2 Year 3 Year 4 Year 5
Advertising, Marketing, & Promotion $2,000 $2,100 $2,205 $2,315 $2,431
Office Supplies $600 $630 $662 $695 $729
Computer Expenses $600 $630 $662 $695 $729
Insurance Expenses $15,000 $15,750 $16,538 $17,364 $18,233
Professional Fees $2,500 $2,625 $2,756 $2,894 $3,039
Rent $58,794 $60,558 $62,375 $64,246 $66,173
Utilities $4,000 $4,200 $4,410 $4,631 $4,862
TOTAL $83,494 $86,493 $89,606 $92,839 $96,196
Marco Hangars, LLC Negotiated Proposal, December 12, 2018 Page 5 of 8
16.G.3.c
Packet Pg. 2331 Attachment: NegotiatedProposalMH (9266 : Marco Hangar Construction Leasehold Agreement)
INCOME STATEMENT
Revenue
Total Revenue $2,069,909 $1,067,000 $1,025,000 $983,000 $941,000
Total Revenue $2,069,909 $1,067,000 $1,025,000 $983,000 $941,000
Total Cost $0 $0 $0 $0 $0
Total Cost of Goods Sold $0 $0 $0 $0 $0
Gross Profit $2,069,909 $1,067,000 $1,025,000 $983,000 $941,000
Gross Margin (%)100%100%100%100%100%
Operational Expenses
General & Administrative Costs $83,494 $86,493 $89,606 $92,839 $96,196
Salary & Wage Costs $38,145 $40,052 $42,055 $44,158 $46,365
Total Operational Costs $121,639 $126,545 $131,661 $136,997 $142,562
EBITDA $1,948,270 $940,455 $893,339 $846,003 $798,438
Depreciation Cost -$41,625 -$41,625 -$41,625 -$41,625 -$41,625
Amortization Cost $0 $0 $0 $0 $0
Interest Cost $0 $0 $0 $0 $0
Pre-Tax Profit $1,906,645 $898,830 $851,714 $804,378 $756,813
Retained Earnings $1,906,645 $2,805,475 $3,657,189 $4,461,567 $5,218,380
Taxable Income $1,906,645 $898,830 $851,714 $804,378 $756,813
Income Tax Cost $638,726 $301,108 $285,324 $269,467 $253,532
Net Income $1,267,919 $597,722 $566,390 $534,912 $503,281
Net Income Margin (%)61%56%55%54%53%
Year 5Year 4Year 3Year 2Year 1Income Statement
Marco Hangars, LLC Negotiated Proposal, December 12, 2018 Page 6 of 8
16.G.3.c
Packet Pg. 2332 Attachment: NegotiatedProposalMH (9266 : Marco Hangar Construction Leasehold Agreement)
BALANCE SHEET
ASSETS
Current Assets
Cash $2,528,112 $3,171,164 $3,782,891 $4,307,234 $4,855,871
Accounts Receivable $18,250 $16,500 $14,750 $40,958 $39,208
Inventory $0 $0 $0 $0 $0
Prepaid Expenses $18,250 $16,500 $14,750 $40,958 $39,208
Total Current Assets $2,564,612 $3,204,164 $3,812,391 $4,389,150 $4,934,288
Fixed Assets
Buildout $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000
Total Fixed Assets $1,250,000 $1,250,000 $1,250,000 $1,250,000 $1,250,000
(Less Accumulated Depreciation)-$41,625 -$83,250 -$124,875 -$166,500 -$208,125
Intangible Assets Investments $0 $0 $0 $0 $0
Total Intangibles $0 $0 $0 $0 $0
(Less Accumulated Amortization $0 $0 $0 $0 $0
Total Assets $3,772,987 $4,370,914 $4,937,516 $5,472,650 $5,976,163
LIABILITIES & EQUITY
Current Liabilities
Accounts Payable $0 $0 $0 $0 $0
Accured Expenses $5,068 $5,273 $5,486 $5,708 $5,940
Current Portion of Debt $0 $0 $0 $0 $0
Total Current Liabilities $5,068 $5,273 $5,486 $5,708 $5,940
Long Term Liabilities
Long Term Debt $0 $0 $0 $0 $0
Total Long Term Liabilities $0 $0 $0 $0 $0
Total Liabilities $5,068 $5,273 $5,486 $5,708 $5,940
Equity
Common Stock $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,500,000
Retained Earnings $1,267,919 $1,865,641 $2,432,031 $2,966,942 $3,470,223
Total Equity $3,767,919 $4,365,641 $4,932,031 $5,466,942 $5,970,223
Total Liabilities and Equity $3,772,987 $4,370,914 $4,937,516 $5,472,650 $5,976,163
Year 5Year 4Year 3Year 2Year 1Balance Sheet
Marco Hangars, LLC Negotiated Proposal, December 12, 2018 Page 7 of 8
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Packet Pg. 2333 Attachment: NegotiatedProposalMH (9266 : Marco Hangar Construction Leasehold Agreement)
CASH FLOWS
OPERATIONS
Cash Flow From Operations
Net Income $1,267,919 $597,722 $566,390 $534,912 $503,281
Plus Depreciation $41,625 $41,625 $41,625 $41,625 $41,625
Plus Amortization $0 $0 $0 $0 $0
Changes in Working Capital
Changes in A/R -$18,250 $1,750 $1,750 -$26,208 $1,750
Changes in Inventory $0 $0 $0 $0 $0
Changes in Prepaid Costs -$18,250 $1,750 $1,750 -$26,208 $1,750
Changes in A/P $0 $0 $0 $0 $0
Changes in Accrued Expenses $5,068 $204 $213 $222 $232
Total Cash Flow From Operations $1,278,112 $643,051 $611,728 $524,342 $548,638
INVESTMENTS
Fixed Asset Investments
Buildout -$1,250,000 $0 $0 $0 $0
Total Fixed Assets -$1,250,000 $0 $0 $0 $0
Intangible Assets Investments
Total Intangible Investments $0 $0 $0 $0 $0
Total Cash Flow From Investments -$1,250,000 $0 $0 $0 $0
CASH FLOW FROM FINANCING
Financing
Paid In Capital $2,500,000 $0 $0 $0 $0
Debt $0 $0 $0 $0 $0
Total Current Liabilities $2,500,000 $0 $0 $0 $0
TOTAL CASH FLOW $2,528,112 $643,051 $611,728 $524,342 $548,638
Cash at the Beginning of Period $0 $2,528,112 $3,171,164 $3,782,891 $4,307,234
Cash at the End of Period $2,528,112 $3,171,164 $3,782,891 $4,307,234 $4,855,871
Year 5Year 4Year 3Year 2Year 1Cash Flow Statement
Marco Hangars, LLC Negotiated Proposal, December 12, 2018 Page 8 of 8
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Packet Pg. 2334 Attachment: NegotiatedProposalMH (9266 : Marco Hangar Construction Leasehold Agreement)
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
INVITATION TO NEGOTIATE (ITN)
FOR
Marco Island Airport Land Lease and Hangar Development
SOLICITATION NO.: 18-7334
ADAM NORTHRUP, PROCUREMENT STRATEGIST
PROCUREMENT SERVICES DIVISION
3295 TAMIAMI TRAIL EAST, BLDG C-2
NAPLES, FLORIDA 34112
TELEPHONE: (239) 252-6098
ADAM.NORTHRUP@colliercountyfl.gov (Email)
This solicitation document is prepared in a Microsoft Word format (Rev 8/7/2017). Any alterations
to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any
subsequent award, or any other legal remedies available to the Collier County Government.
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Packet Pg. 2335 Attachment: 18-7334 Solicitation (9266 : Marco Hangar Construction Leasehold Agreement)
SOLICITATION PUBLIC NOTICE
INVITATIOIN TO NEGOTIATE (ITN)
NUMBER:
18-7334
PROJECT TITLE: Marco Island Airport Land Lease and Hangar Development
PRE-PROOSAL CONFERENCE: NA
LOCATION: NA
ITN OPENING DAY/DATE/TIME: April 25th, 2018; 3:00PM
PLACE OF ITN OPENING: Procurement Services Division
3295 Tamiami Trail East, Bldg C-2
Naples, FL 34112
All proposals shall be submitted online via the Collier County Procurement Services Division Online Bidding System:
https://www.bidsync.com/bidsync-cas/
INTRODUCTION
As requested by the Collier County Airport Authority (hereinafter, the “Division or Department”), the Collier County Board of
County Commissioners Procurement Services Division (hereinafter, “County”) has issued this Invitation to Negotiate (hereinafter,
“ITN”) with the intent of obtaining proposals from interested and qualified vendors in accordance with the terms, conditions and
specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work
stated.
Notice is hereby given that the Collier County Airport Authority (CCAA) is soliciting proposals from any proposer(s) interested in
leasing vacant property located at the Marco Island Executive Airport (MKY) for the construction and operation of aircraft storage
hangars.
BACKGROUND
Use of the property shall be for the sole purpose of constructing and operating hangars for the purposes of storing general aviation
aircraft.
The County envisions an annual lease rate of approximately $.408 per square foot per year, to be negotiated as part of any final
agreement with a term that may include thirty (30) years with extension options. The rent shall increase annually based on the
Consumer Price Index (CPI) throughout the life of the lease.
TERM OF CONTRACT
The contract term, if an award(s) is/are made is intended to be for a thirty (30) year lease agreement.
The minimum annual rent for the first year term shall be at a rate of $.408 per square foot of land encumbered by the hangar and
adjacent parking apron.
DETAILED SCOPE OF WORK
The hangars shall be built to accommodate a range of aircraft from small, single-engine piston to small and medium-sized
corporate, general aviation turbo-prop and jet aircraft. The available parcel, as indicated in the attached Exhibit A, is approximately
315’ x 430’ for an approximate total of 135,450 square feet. The awarded bidder shall be entirely responsible for the design (subject
to reasonable approval by the Authority), permitting and construction.
The awarded bidder shall be responsible for the construction of infrastructure needed to accommodate this facility, which includes
but is not limited to, utilities, adjacent pavement areas, etc.
The proposer shall meet the requirements set forth in the attached exhibits:
• Exhibit B: Minimum Standards for Commercial Aeronautical Activity and Service Providers at the Collier County Airports
• Exhibit C: Authority’s published Rules & Regulations
• Exhibit D: Authority’s Leasing Policy
The awarded bidder shall enter into a Lease Agreement with CCAA within one hundred and twenty (120) days from the last
publication of this notice in order to address additional terms and conditions deemed necessary by the CCAA. The awarded bidder
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Packet Pg. 2336 Attachment: 18-7334 Solicitation (9266 : Marco Hangar Construction Leasehold Agreement)
shall also be responsible for the costs associated with the publication of this notice.
INVITATION TO NEGOTIATE (ITN) PROCESS
1.1 The Proposers will submit proposal which will be scored based on the criteria in Section 5.0 Grading Criteria for
Development of Shortlist, which will be the basis for short-listing the vendors.
The Proposers will need to meet the minimum requirements outlined herein in order for their proposal to be evaluated and
scored by the COUNTY. The COUNTY will then grade and rank to at least the top three short-listed vendors and enter
into negotiations with the top ranked vendor or multiple vendors to establish cost for the services needed. With successful
negotiations, a contract will be developed with the selected firm, based on the negotiated price and/or scope of services
and submitted for approval by the Board of County Commissioners.
1.2 The COUNTY will use a Selection Committee in the ITN selection process.
1.3 The intent of the scoring of the proposal is for respondents to indicate their interest, relevant experience, financial
capability, staffing and organizational structure.
1.4 Based upon a review of the proposals, the COUNTY will rank the Proposers based on the discussion and clarifying
questions on their approach and related criteria, and then negotiate with one or more vendors as authorized in Section 11,
Paragraph 7 of County Procurement Ordinance Number 2017-08.
1.5 The COUNTY reserves the right to negotiate any element of the proposals in the best interest of the COUNTY.
GRADING CRITERIA FOR RANKING PROPOSALS:
1.6 For the development of a shortlist, this evaluation criterion will be utilized by the COUNTY’S Selection Committee to
score each proposal. Proposers are encouraged to keep their submittals concise and to include a minimum of marketing
materials. Proposals must address the following criteria:
Evaluation Criteria Maximum Points
1. Cover Letter / Management Summary 5 Points
2. Certified Minority Business Enterprise 5 Points
3. Business Plan 20 Points
4. Cost of Services to the County 20 Points
5. Experience and Capacity of the Firm 20 Points
6. Conformance to Published CCAA Published Policies 20 Points
7. Local Vendor Preference 10 Points
TOTAL POSSIBLE POINTS 100 Points
Tie Breaker: In the event of a tie at final ranking, award shall be made to the proposer with the lower volume of work
previously awarded. Volume of work shall be calculated based upon total dollars paid to the proposer in the twenty-four
(24) months prior to the RFP submittal deadline. Payment information will be retrieved from the County’s financial
system of record. The tie breaking procedure is only applied in the final ranking step of the selection process and is
invoked by the Procurement Services Division Director or designee. In the event a tie still exists, selection will be
determined based on random selection by the Procurement Services Director before at least three (3) witnesses.
-----------------------------------------------------------------------------------------------------------------------------------------------
Each criterion and methodology for scoring is further described below.
EVALUATION CRITERIA NO. 1: COVER LETTER/MANAGEMENT SUMMARY (5 Total Points Available)
Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in
providing the services stated herein. Include the name(s), telephone number(s) and email(s) of the authorized contact
person(s) concerning proposal. Submission of a signed Proposal is Vendor's certification that the Vendor will accept any
awards as a result of this ITN.
EVALUATION CRITERIA NO. 2: CERTIFIED MINORITY BUSINESS ENTERPRISE (5 Total Points
Available/#Page Limitation)
Submit certification with the Florida Department of Management Service, Office of Supplier Diversity as a Certified
Minority Business Enterprise.
EVALUATION CRITERIA NO. 3: BUSINESS PLAN (20 Total Points Available)
In this tab, include but not limited to:
• As part of your application and qualifications provide the minimum requirements in Exhibit B, Appendix 3, Minimum
Requirements for a Business Plan, page 32, provide a detailed plan of approach.
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Packet Pg. 2337 Attachment: 18-7334 Solicitation (9266 : Marco Hangar Construction Leasehold Agreement)
EVALUATION CRITERIA NO. 4: COST AND REVENUE TO THE COUNTY (20 Total Points Available)
In this tab, include but not limited to:
• Using Exhibit B, Appendix 4, Rates and Charges, pages 33 through 35 provide the proposed fee schedule.
• Provide breakdown of revenues to county (minimum .4743 per square foot per year)
EVALUATION CRITERIA NO. 5: EXPERIENCE AND CAPACITY OF THE FIRM (20 Total Points Available)
In this tab, include but not limited to:
• Exhibit B, Section 3, Application and Qualifications, page 7, submit your written application as directed.
EVALUATION CRITERIA NO. 6: CONFORMANCE TO PUBLISHED COLLIER COUNTY AIRPORT
AUTHORITY PUBLISHED POLICIES (20 Total Points Available)
Submit your conformance, in a short summary, to the following:
• Exhibit B: Minimum Standards for Commercial Aeronautical Activity and Service Providers at the Collier County
Airports
• Exhibit C: Collier County Airport Authority Rules & Regulations
• Exhibit D: Collier County Airport Authority Airport Leasing Policy
EVALUATION CRITERIA NO. 7: LOCAL VENDOR PREFERENCE (10 Total Points Available)
Local business is defined as the vendor having a current Business Tax Receipt issued by the Collier or Lee County Tax
Collector for at least one year prior to proposal submission to do business within Collier County, and that identifies the
business with a permanent physical business address located within the limits of Collier or Lee County from which the
vendor’s staff operates and performs business in an area zoned for the conduct of such business.
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Packet Pg. 2338 Attachment: 18-7334 Solicitation (9266 : Marco Hangar Construction Leasehold Agreement)
COLLIER COUNTY AIRPORT AUTHORITY
LEASEHOLD AGREEMENT FOR HANGAR CONSTRUCTION
THIS LEASEHOLD AGREEMENT (this "Lease") is made as of the 9th day of July,
2019 (the "Effective Date") by and between the COLLIER COUNTY, a political subdivision of the State
of Florida, acting as the COLLIER COUNTY AIRPORT AUTHORITY, with administrative offices
located at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114 (hereinafter referred to as the
"Authority"), and Marco Hangars, LLC, a Florida Limited Liability Company (the "Tenant") (the
Authority and Tenant are collectively referred hereto as the "Parties"). The Parties hereby mutually
covenant, agree and promise as follows:
1. PARTIES
The Authority's address, telephone number and email are:
2005 Mainsail Drive, Suite
Naples, Florida 34114
Attn: Justin E. Lobb, ACE, Airports Manager
Phone: 239-642-7878
Email: Justin.Lobb@colliercountyfl.gov
The Tenant's address, telephone number and email are:
Marco Hangars, LLC.
346 Bald Eagle Drive
Marco Island, FL 34145
Phone: 239-970-0069
Email: MVataj@yahoo.com
2. PURPOSE.
The purpose of this Lease is to lease a parcel of land (the "Premises"), located on the
Marco Island Executive Airport (the "Airport"), as more particularly described and shown in Exhibit "A"
attached hereto and made a part hereof, on which Tenant covenants, agrees, promises and intends to
construct improvements as required and approved by the Authority. The Authority's representative for
purposes of this Lease is its Airports Manager (hereafter, the "Airports Manager").
STATEMENT OF LEASE.
In consideration of the payment of rent and the faithful performance by Tenant of the
terms, conditions, and covenants herein contained, Authority does hereby lease to Tenant the Premises
together with any improvements now existing or hereafter constructed thereon, as shown and described
on Exhibit "A."
4. LEASE TERM.
The Premises are leased to Tenant for a term of forty (40) years (the "Lease Tenn"),
which shall commence upon the Effective Date and shall continue uninterrupted for a period of forty (40)
years thereafter, unless the Lease Term shall be sooner terminated as hereinafter provided.
Upon expiration or termination of the Lease Term or any extension thereof agreed to by
the Parties as herein provided, Tenant hereby waives any demand for possession of the Premises or any
structure or improvement then situated thereon, including, without limitation, improvements made at
Tenant's expense, and Tenant agrees to vacate and return the Premises to Authority peaceably, quietly
and in good order and condition, ordinary wear and tear excepted, and shall deliver the keys to the
Premises to Authority at its offices described above.
Time is of the essence under this Lease.
5. LEASE RENT.
A. Rental Rate. Tenant hereby covenants and agrees to pay the stated per square
foot rate for the Premises, as depicted and described on Exhibit "A," a parcel of land agreed to contain
approximately 117,588 square feet, The lease rental rate to be paid by Tenant for the Premises shall be
$58,794.00 annually (the "Base Rental" at $ .50 per square foot), which shall be paid in equal monthly
installments of $4,899.50, plus applicable sales tax, currently 7% or $342.97, for a monthly total payment
of $5,242.47 (the "Rent"), and shall be due and payable by the first day of every calendar month during
the term hereof (the "Due Date"). Notwithstanding the foregoing, the obligation to pay the Rent shall
not commence until such time as a Certificate of Occupancy is issued by Collier County, Florida, for the
improvements to be constructed by Tenant pursuant to this Lease, which the Parties agree may result in
no Rent being due during the period prior to the issuance of a Certificate of Occupancy, although the
Lease Term has commenced and all other obligations and responsibilities are owed under the Lease. If
the obligation to pay Rent pursuant to the terms of this Lease commences on a day other than the first day
of the month, the Tenant shall pay rent equal to one thirtieth (1130«') of the monthly rental multiplied by
the number of rental days of such fractional month.
B. Increase in Rental Rate. The lease rental shall at no time be less than the Base
Rental. The Authority and Tenant, however, agree and stipulate that the lease rental rate may be
unilaterally increased by the Authority, annually in accordance with the Authority's lease rental rate
adjustment program. If the Authority exercises its right to unilaterally increase the Base Rental, the Rent
shall be adjusted accordingly, though still to be paid in equal monthly installments. Currently the
adjustment program is based on changes in the United States Department of Labor, Bureau of Labor
Statistics, Consumer Price Index (the Index for U.S. City Average for Urban consumers).
C. Commercial Operating Fee. In addition to rent, Tenant will pay an annual
Commercial Operating Fee, currently $200 annually, per the Authority's published Rates & Charges,
which may be amended from time to time at the Authority's sole discretion.
D, Place of Payment, All Rent and fees shall be made payable to the Collier County
Airport Authority, and mailed by first class letter, postage prepaid, or personally delivered, to the
Administrative Offices at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, or such other address as
the Airports Manager may designate in writing. Payments shall be made in cleared finds by cash, check
or electronic transfer regularly and monthly without notice from the Authority during the Lease Term.
LATE FEES AND CHARGES,
A, Right to Legal Proceedings. In the event Tenant fails to deliver to the Authority
the Rent, taxes, fees or information as required to be paid or delivered under the provisions of this Lease
so that they are received by the Authority no later than the tenth (10th) day of each calendar month, the
Authority reserves the right to commence any and all legal proceedings, including default proceedings or
eviction proceedings, in accordance with the laws of the State of Florida.
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B. Interest Due. If Tenant fails to promptly pay, when due, any full installment of
Rent or any other sum payable to Authority under this Lease, and if said sum remains unpaid for more
than five (5) days past the due date, the Tenant 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 percent (2%) per month or the highest
interest rate then allowed by Florida law, whichever is higher, which interest shall be promptly paid by
Tenant to the Authority.
C. Authori 's Right to Terminate Lease, The inclusion of an obligation for Tenant
to pay the Authority late charges and interest shall not preclude the Authority from terminating this Lease
for Tenant's non-payment of rent, amounts due for fees, taxes, expenses or charges, or from enforcing any
other provisions contained herein.
7. RENEWAL.
At the sole and absolute discretion of the Authority, provided this Lease is not in default
prior to the expiration date, the Tenant shall be granted a right of first refusal to lease the Premises from
the Authority at the then existing commercial rental rates for improved property on the Airport, under
terms and conditions as the Authority may offer other prospective tenants for similar facilities at the
Airport, but in no event, shall the rental rate be a lesser amount than than paid by Tenant at the expiration
of the initial forty (40) year Lease Term, and it should be anticipated to be a substantially greater amount.
The Authority shall notify Tenant of its decision whether to lease the Premises following the expiration of
the Lease Term at least two (2) year prior to the end of the Lease Term, unless a shorter notice period is
agreed upon by the Parties. The right of first refusal may not be assigned.
8. CANCELLATION.
The Authority reserves the right to cancel and terminate all or portions of this Lease,
upon giving Tenant not less than six (6) months' written notice, if cancellation is deemed necessary by
Authority to implement any phase or portion of any Airport Master Pian adopted by Authority, However,
Authority agrees that before such Lease cancellation it may make available and offer to Tenant, for the
balance of the Lease Term, upon the same terms and conditions as set forth in this Lease, premises
located within the Airport, including structures and improvements, equal to or greater in size than the area
of the Premises. After the Authority gives Tenant notice of its intent to cancel the Lease pursuant to this
provision, Authority shall elect one of the following options:
A. Relocation. If the Authority elects to relocate Tenant pursuant to this provision,
the actual out-of-pocket costs of moving Tenant's equipment and other property kept on the Premises, to
the new location shall be paid by Authority. The reasonable cost of any buildout required as a result of
the relocation, as well as the repair or replacement of Tenant's equipment or other property damaged
during the relocation, if not otherwise covered by insurance, shall be paid by the Authority. The cost of
such repair or replacement costs to Tenant's equipment or other property shall be limited per the caps
provided in F.S. 768,28.
B. Termination. The Authority may terminate this Lease, in which case, as its
exclusive remedy, and in lieu of any other claims for costs, expenses and damages of any kind related to
the proposed relocation and Authority's election to terminate, the Tenant shall be entitled to
compensation for the fair market value of the leasehold interest, improvements and personal property
taken, as determined by an independent appraiser agreed to by the Parties, which agreement may not be
unreasonably withheld by either Party. If a portion of the Leased Premises is so taken or sold, and as a
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result thereof, the remaining part cannot reasonably be used to continue the authorized uses set forth in
Section 9 of this Lease, this Lease shall terminate at Tenant's election and Tenant's obligation to pay Rent
and perform the other conditions of the Lease shall be deemed to have ceased as of the date of such taking
or sale,
Tenant hereby waives, disclaims and releases all claims for costs, expenses and damages against
the Authority, except for this payment. Notwithstanding the foregoing, the Lease may not be terminated
Pursuant to this Section solely to allow the Authority or any other party to take possession of the Premises
or any portion thereof for operation of aircraft hangars for lease or sale as aircraft hangar condominium
units. The general intent is to prohibit the Authority from terminating the Lease solely to take over the
operation established by the Tenant.
9. PERMITTED USE OF PREMISES
Tenant, upon payment of the lease Rent and all applicable fees and taxes, and the faithful
performance of such covenants, agreements and conditions required by law, or this Lease, shall and may,
continue to peaceably enjoy the Premises. Such quiet enjoyment is conditional upon Tenant adhering to
the following terms:
A. Aircraft Hangars. Tenant agrees that the Premises shall be used only for the
construction (in accordance with plans and specifications designed in accordance with FAA/Airport
Standards and with the Authority's input in the proposed design plan review deliverables, and subject to
the Authority's prior approval of the final plan set prior to permitting) and subsequent operation of
aircraft hangars for sublet or operation of aircraft hangar condominium units (subject to the Authority's
approval of Tenant's proposed subtenants, whether sublessees or condominium unit owners), including
office space and/or related aviation facilities; no other use or occupancy is authorized or shall be
permitted, except as for those uses relative to commercial aviation uses found in Section 10, with
the prior approval of the Authority. The Authority retains full control over the activities conducted on
the Premises by modifying, amending and interpreting the Rules and Regulations of the Authority.
B. Leasehold Condominium. Tenant shall have the right to submit the Premises, or
a portion thereof, to condominium form of ownership in the manner set forth herein, and in that event the
expiration date of this Lease shall be extended to a date which is forty (40) years from the date the first
deed of conveyance to a purchaser of a condominium unit is recorded and is in Rill compliance with the
requirements of Section 718.401(1), Florida Statutes, provided that the first deed to a purchaser of a
condominium unit is recorded within one hundred eighty (180) days following the issuance of a
certificate of occupancy for the contemplated improvements by Tenant,
(1) Tenant shall be permitted to create a leasehold condominium and submit
the Premises to the condominium form of ownership as provided tinder Chapter 718, Florida Statutes.
Each leasehold condominium unit ownership interest shall be conveyed and held subject to the terms,
covenants and conditions of this Lease. Tenant may divide the Premises into multiple individual
condominium units and, subject to Authority approval, convey each condominium unit to third party
condominium purchasers who thereafter shall collectively, through the condominium association, assume
all rights, privileges and obligations of Tenant under the Lease and all rights of condominium ownership
provided to unit owners of commercial/non-residential leasehold condominiums under Chapter 718,
Florida Statutes, or other applicable law. This provision shall not be construed to grant to any
condominium unit owner fee title and all rights of condominium unit ownership shall be subject to the
provisions of this Lease.
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(2) At Tenant's expense, the Parties shall affix and incorporate as a part of
the Lease a property description of the Premises that is sufficient to comply with the requirements of
Section 718.401(1), Florida Statutes, for the creation of a leasehold condominium and a survey of the
Premises, showing the relation of the Premises to the land included in the common elements sufficient to
comply with the requirements of Section 718,401(1), Florida Statutes. Upon Tenant's request, and at
Tenant's expense, the Parties shall execute and record in the public records of Collier County, Florida a
memorandum of lease setting forth the property description and the essential terms of the Lease.
(3) Tenant may attach a copy of this Lease to the declaration of
condominium to be recorded in the Public Records of Collier County, Florida.
(4) The Authority is bound by the provisions of Section 718.401(1)(d),
Florida Statutes, as amended from time to time, with respect to the enforcement of a lien for rent.
(5) Subject to Authority approval, any condominium unit owner may sell,
transfer, convey, lease, or grant a license with respect to his/her interest in the condominium unit. Tenant
and the condominium association shall maintain a list of each condominium unit owner and tenants or
licensees of each condominium unit owner, including addresses, telephone numbers and the identification
of their aircraft. A current copy of the list shall be provided on any transfer to the Authority but no less
frequently than annually. Any agreement granting the right of possession or use of any part of the
Premises, including the sale of a condominium unit, to any individual or entity, shall first be submitted for
review and approval by the Authority.
(6) Notwithstanding anything to the contrary contained in the Lease,
provided Tenant is not in default, Tenant may assign this Lease to the condominium unit owners
association created to act as the governing body for the leasehold condominium on the Premises and upon
acceptance of such assignment and the assumption of all duties and obligations of Tenant as tenant under
the Lease by the condominium association, except that, in the event of such assignment, the Tenant shall
remain secondarily liable for the payment of the Base Rental amount due under the Lease,
notwithstanding such assignment.
(7) The Parties agree to cooperate in performing such acts or entering into
such documents or agreements as shall be reasonably necessary to submit the Premises to the leasehold
condominium form of ownership as provided for and required under Chapter 718, Florida Statutes,
consistent with the terms of this Lease.
C. Non -Exclusive Use. Tenant and its permitted assignees, subtenants, agents,
employees and customers, as well as all Tenant's approved future owners of individual condominium
units on the Premises, are permitted non-exclusive use of all runways, taxiways, taxi lanes, roads, rights-
of-way and driveways to and from the Premises in common with other airport users. Tenant and its
permitted assignees, subtenants, agents, employees and customers, including all approved future owners
of individual condominium units on the Premises, have the right to free access, ingress to and egress from
the Premises. The Authority may, at any time, temporarily or permanently close or consent to the closing
of any roadway or other right-of-way for such access, ingress to and egress from the Premises presently or
hereafter used as such. In such a case, a means of access, ingress and egress reasonably equivalent to that
formerly provided shall be substituted and concurrently made available,
D. Exclusive Use of Premises for Aircraft Hangars. Tenant agrees that it and its
approved assignees, subtenants and all approved future owners of individual condominium units on the
Premises shall only use the units as aircraft hangars, by which is meant a place to store airworthy aircraft,
equipment related to such aircraft and office space. The lease rental rate and annual increases required by
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the Authority and agreed upon herein by the Tenant are, in part, made possible by aeronautical activities
at the Airport. The Authority strongly encourages aviation uses of its land and prohibits non -aviation
uses of the Premises, The Authority requires that the Tenant, its approved assignees, subtenants and all
its approved future owners of individual condominium units on the Premises always maintain aircraft in
its hangars; subject to events that may require the relocation of aircraft to another airport during certain
times of the year. In the event, however, that the Authority determines that a unit of a hangar on the
Premises is or has not been used as a hangar for an airworthy aircraft for an extended period, it shall so
notify the Tenant. If the Authority determines that no airworthy aircraft has been stored or maintained in
the Premises for a period more than six (b) months, such failure to maintain an aircraft shall constitute a
non -monetary default subject to the remedies set out in Section 30 of this Lease.
10. LIMITS ON USE
A. Commercial Aviation Enterprise. The operation of any commercial enterprise on the
Premises is subject to the advance approval by the Authority in accordance with the Authority's
Minimum Standards for Commercial Aeronautical Operators and memorialized in writing between the
Parties. Commercial aeronautical operators involved in activities such as flight schools or a maintenance
repair and overhaul (MRO) service may be permitted in the office space attached to the hangars with the
prior approval of the Authority. it is specifically agreed that nothing herein contained shall be construed
as prohibiting Tenant, its approved assignees, subtenants and all approved future owners of individual
condominium units from allowing its own employees, or an approved product service center, from
performing services on their own aircraft in their hangars. All such servicing, maintenance and repair
shall be conducted in accordance with Federal Aviation Regulations and applicable law.
B. No Exclusive Rights. It is specifically understood and agreed that nothing herein
contained shall be construed as granting or authorizing the grant of an exclusive right to Tenant of any
aeronautical activity within the meaning of Section 308 of the Federal Aviation Act.
C. Activity. Tenant shall not engage in any aeronautical activities other than those
described in Section 9 of this Lease.
D. Rule Compliance, Tenant shall not engage in any activities that violate or depart
from the provisions and intent of the Authority's Rules and Regulations described in Section ]b of this
Lease.
E. Statutory Compliance. Tenant agrees that it will not use, nor permit the Premises to
be used, for any unlawful purpose, defined to include conduct or activity prohibited by Federal, State,
local law or ordinance or Authority Rules and Regulations.
F. Building Compliance. Tenant may construct, install, erect and maintain buildings or
other permanent improvements on the Premises, but only in accordance with plans and specifications
which have first been approved in writing by the Authority, at locations approved by the Authority, and in
accordance with ordinances, guidelines, rules and regulations of the Federal Aviation Administration (the
"FAA"), the Authority, those relevant provisions set forth in the Collier County Land Development Code
and the Collier County Code of Laws and Ordinances, and as required by all other governmental agencies
having jurisdiction over the land constituting the Premises.
G. Spatial Limitations. This Lease confers no rights to the subsurface of tine Premises
more than five (5) feet below the ground level or to the airspace above the existing rooftop of any
structural improvement that is or becomes part of the Premises.
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H. Rights of Authority. The Authority reserves the right to close the Airport or any
portion thereof, including without limitation the runway, taxiway, taxilane, apron, terminal buildings,
automobile parking facilities when necessary or convenient to further the Authority's management of the
Airport.
1. Exclusive Fueling Rights. The Authority retains exclusive fueling rights at the
Airport. The Authority retains the right and privilege of making distinctions between the types of
available fuels, oils and services in keeping with the best interest of the Authority.
J. Tenant's Hangar Rental Rate. At no time shall the Tenant's hangar rental rate to
approved subtenants be less than the Authority's then established hangar rental rate.
K. Tenant's Utilization of Authority's Airport Waiting List. At all times, the Tenant
shall utilize the Authority's Airport Tenant Waiting List and allow all persons/entities in the ranked order
established in that List the right of first refusal to any available hangar rental space in Tenant's possession
at the Airport.
L. Tenant's Key Personnel. As part of this Lease, the Tenant shall employ a General
Manager that has the expertise to handle the Tenant's day to day business of overseeing the construction
of the hangars, the rental of the hangars to approved subtenants and all other aspects of the Tenant's
general business activity on the Airport's Premises. Tenant's founder, Mirash Vataj, shall serve as the
General Manager for Years one (1) and two (2) of the Lease. From Year three (3) onwards, the Tenant
shall hire a full-time General Manager to assume those duties, subject to the Authority's right to object to
the General Manager proposed for hire. Tenant shall be permitted to subcontract Maintenance Services
to qualified, local firms, that are eligible and meet the safety and security requirements to work at the
Airport. The Tenant's General Manager is considered an essential or "key" personnel assigned to the
project and shall not be removed without the Authority's prior written approval; and if so removed must
be immediately replaced with a person acceptable to the Authority. Further, the Authority shall have the
right to direct Tenant to remove and replace the General Manager, with or without cause, if in the sole
discretion of the Authority such removal and replacement is in the best interest of the Authority.
11. CONDITION OR PREMISES AND PERIODIC REHABILITATION.
Tenant accepts the Premises, and all improvements and appurtenances thereto, in addition
to the land, in their present "as is" condition as suitable for the purpose for which the Premises are leased.
A, Contamination. Tenant shall be responsible for any damage to or contamination
of the Premises occurring during Tenant's tenancy whether or not due to the acts or omissions of Tenant,
its officers, employees, business invitees, subtenants or assigns, in violation of any State, Federal or local
law or regulation, and will decontaminate the Premises at its own expense if a violation of Federal, State
or local law is charged. Tenant shall either document decontamination or provide to the Authority
satisfactory evidence that the Premises is not contaminated. The Premises shall not be deemed to be
decontaminated until the Authority so states in a written document addressed to Tenant.
B. No Liability. The Authority shall not be liable for any damages or loss suffered
by Tenant, or for injuries to persons or Premises.
C. Liability of Tenant. Tenant further acknowledges that no representations as to
the condition of the improvements, structures, paving, or the geology of the soil, on the Premises,
expressed or implied, have been made by the Authority, its officers, employees or agents prior to or at the
execution of this Lease, Notwithstanding the foregoing, Tenant, its officers, employees, agents,
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successors and assigns, will not be responsible for any damage to or contamination of the Premises if
such damage or contamination is due to or caused by the act of the Authority, or its officers, employees,
agents, successors or assigns.
D. Due Diligence by Tenant It is the responsibility of Tenant, at its sole cost and
expense, to investigate and determine the suitability of the soil, geology, environmental and seismic
condition of the Premises for Tenant's intended development. Tenant, at its sole cost and expense, shall
have the right to conduct a Phase 1 Environmental Site Assessment and any additional environmental site
assessments of the Premises (collectively "Audit") within sixty (60) days of the Effective Date of this
Lease. If the Authority or Tenant deems the Premises in its present condition to be unacceptable for its
intended use based upon the results of the Audit, the Authority or Tenant may terminate this Lease if (1)
Tenant or Authority does so within seventy-five (75) days of the Effective Date of this Lease and (2) if
the Audit reveals that hazardous substances are or may be present on the Premises. Within thirty (30)
days after termination of this Lease pursuant to the preceding sentence, Tenant shall recover its deposits
and previous rent payments made to the Authority under this Lease if the Audit reveals that hazardous
substances are or may be present at the Premises.
E. Periodic Rehabilitation Required of Tenant. Tenant agrees that (i) prior to the
tenth (10th) anniversary date of this Lease, (ii) on each succeeding ten year anniversary date and (iii) a
date two (2) years prior to the expiration of the term of this Lease (each such date an "Inspection
Deadline") Tenant shall deliver to the Authority a detailed written inspection report prepared by a
commercial building inspector licensed by the State of Florida Department of Business and Professional
Regulation's Building Code and Inspection Board (the "Inspection Report") of all of the improvements
on the Premises (of both the exterior and interior thereof), certified to the Authority, including, but not
limited to, the following: (1) air conditioning (HVAC) systerns (if applicable); (2) doors, including the
hangar doors, and hardware; (3) electrical systems; (4) elevators (if applicable); (5) exterior lighting
systems; (6) signage; (7) fire sprinkler systems (if applicable); (8) security fences; (9) land scapelsprinkler
systems; (10) moisture penetration; (11) mold/mildew incursion; (12) paving (parking, apron and tarmac);
(13) plumbing systems (if applicable); (14) roofing systems; (15) site drainage; (16) smoke detectors; (17)
structural components; (18) termite infestation; (19) windows and hardware; (20) appearance and
cosmetic items; and (2l) repair and maintenance recommendations. Subject to Section 14 hereof, Tenant
covenants and agrees to complete, at Tenant's sole cost, all repairs and maintenance recommended in the
Inspection Report within ninety (90) days of each Inspection Deadline. Tenant understands and agrees
that if all such recommended repairs and maintenance are not completed by Tenant within ninety (90)
days of each Inspection Deadline then this Lease shall terminate, and Tenant shall surrender the Premises
in accord with Section 28 herein and all other terms and conditions of this Lease.
12. CONSTRUCTION ACTIVITY.
Tenant shall not commence any site work, building, alterations, additions or infrastructure
improvements, or engage in any construction activity on the Premises, without the prior written consent
and approval of the Authority. Further, Tenant shall obtain the Authority's written consent and approval
of all plans for site work, buildings, alterations, additions, grading, paving, drainage, utilities,
landscaping, or other infrastructure improvements before construction may be commenced. All
construction of improvements must conform with the approved plans and shall be constructed or installed
in accordance with all applicable statutes, ordinances, building codes, and rules and regulations of the
Authority, and any other authority that may have jurisdiction over the Premises and Tenant's operations.
Tenant is solely responsible for determining and obtaining all necessary permits and approvals, and for
paying all fees required, for the construction. The Authority's approval of Tenant's plans and
specifications does not constitute a representation or warranty as to their conformity with Collier County
building standards, codes or zoning.
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Tenant shall plan, organize, supervise, schedule, monitor, direct and control the construction
competently and efficiently, devoting such attention thereto and applying such skills and expertise as may
be necessary to perform the work in accordance with the plans approved by the Authority. Tenant shall
be responsible to see that the finished construction complies accurately with those approved plans.
Tenant shall keep on the construction site at all times during the construction a competent resident
superintendent, who shall be subject to the Authority's approval and not be replaced without prior written
notice to the Airports Manager except under extraordinary circumstances. The superintendent shall be
employed solely by the Tenant and be the Tenant's representative on the Premises and shall have the
authority to act on behalf of the Tenant. All communications given to the superintendent shall be as
binding as if given to the Tenant. The Tenant shall have a competent superintendent on the Premises at
all times during construction whenever Tenant's work crews, or work crews of other parties authorized by
Tenant are engaged in any activity whatsoever associated with the construction related to the
improvements to the Premises. Should the Tenant fail to comply with the above condition, the Tenant
shall be in breach of this Lease and the Authority may pursue its remedies for events of breach as
provided herein. The Authority shall have the right to direct Tenant to remove and replace the
superintendent, with or without cause, if in the sole discretion of the Authority such removal and
replacement is in the best interest of the Authority.
By executing and entering into this Lease, the Tenant is formally acknowledging without
exception or stipulation that it is fully responsible for complying with the provisions of the Immigration
Reform and Control Act of 1956 as located at 8 U.S.C. 1324, et se—c .. and regulations relating thereto, as
either may be amended. Failure by the Tenant to comply with the laws referenced herein shall constitute
a breach of this Lease and the Authority shall have the discretion to unilaterally terminate this agreement
consistent with the termination provisions provided herein.
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States. The Employment
Eligibility Verification System (E -Verify) operated by the Department of Homeland Security (DHS) in
partnership with the Social Security Administration (SSA), provides an Internet -based means of verifying
employment eligibility of workers in the United States; it is not a substitute for any other employment
eligibility verification requirements.
Tenant is required to enroll and comply with the E -Verify program, and provide acceptable
evidence of its enrollment, at the time of the execution of this Lease. See Exhibit "C," attached.
Acceptable evidence consists of a copy of the properly completed E -Verify Company Profile page or a
copy of the fully executed E -Verify Memorandum of Understanding for the company. Additionally, the
Tenant shall require all subcontracted contractors working at the Airport to use the E -Verify system for all
purchases except: (1) Commodity based procurement where no services are provided, and (2) where
otherwise waived by the Authority.
For additional information regarding the Employment Eligibility Verification System (E -Verify)
program visit the following website: Irttp://www.dlis.gov/E-Verify. It shall be the Tenant's responsibility
to familiarize themselves with all rules and regulations governing this program.
Tenant agrees to keep the project site clean at all times of debris, rubbish and waste materials
arising out of any improvement to the Premises. At the completion of any improvements, Tenant shall
remove all debris, rubbish and waste materials form and about the site of the Premises, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the Premises site
clean and ready for occupancy.
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Tenant further agrees that all right and title to any alterations, additions and improvements made
to the Premises during the Lease Term shall vest in the Authority upon termination of the Lease, shall not
be removed, and shall remain on the Premises as the property of the Authority upon the expiration or
termination of this Lease. To that end, all common infrastructure funded and built in accordance with the
Tenant's construction plans as approved by the Authority but outside the leased Premises, including but
not limited to gates, fencing, an access roadway extending to the proposed Terminal parking lot and other
common area improvements, shall be turned over to the Authority upon the completion of construction
with all right and title vesting upon termination of the Lease.
It is further agreed that the Authority is not responsible for reimbursing the Tenant for its
investment in any modifications, additions, improvements, structures, fixtures or equipment on the
Premises. Tenant agrees that upon the expiration or sooner termination of this Lease, Tenant shall deliver
up the Premises to Authority peaceably, quietly and in good order and condition, ordinary wear and tear
excepted.
13. HANGAR FACILITY CONSTRUCTION,
Tenant shall construct upon the Premises, at its sole expense and in compliance with all the terms
and conditions of this Lease, four steel buildings consisting of 11 aircraft hangar units, including office
space and/or related aviation facilities, in strict accordance with plans and specifications approved in
writing by the Authority. As part of the consideration for entering into this Lease, the Tenant commits to
constructing the 11 hangar units for sub -lease or sale as condominium units, as follows:
Building 1 (8 box hangar units)
• Citation V Hangars 70' x 56' with 55'4" x up to 27' Clear Door Openings
Buildings 2, 3 & 4 (3 jet hangar units)
• Citation X Hangars 110' x 80' with 90' x up to 27' Clear Door Openings
Tenant agrees that Tenant shall commence the construction of the approved improvements within
18 months from the Effective Date of this Lease. In the event Tenant has not commenced the
construction of the approved improvements within 24 months from the Effective Date of this Lease, this
Lease shall terminate, and the Authority shall retain all funds paid to it by the Tenant. Tenant shall, in
addition, be liable for any other damages sustained by the Authority because of Tenant's failure to
comply with this provision of the Lease.
Prior to commencing construction of improvements on the Premises, the Tenant shall comply
with all the following provisions:
A. Commencement. Within six (6) months of the Effective Date of this Lease,
Tenant shall deliver to the Authority all drawings, plans and specifications for construction of the
improvements contemplated to be constructed on the Premises at Tenant's cost, which shall include 30%,
60% and 90% engineering design phase plans, with a proposed schedule of completion of construction.
Within thirty (30) days of receipt thereof, the Authority shall either notify Tenant of its approval of the
proposed plans and specifications or reject the proposed plans and specifications with recommended
revisions. The Tenant shall prepare revised plans and specifications, consistent with the Authority's
recommendations. Tenant shall have the option of resubmitting to the Authority revised plans and
specifications, incorporating the Authority's recommended revisions, within thirty (30) days of Tenant's
receipt of the Authority's recommended revisions; or, of terminating this Lease. If revised plans and
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specifications are submitted to the Authority, and the Authority again rejects the revised plans and
specifications, the process shall repeat itself, however, this process shall be completed within 12 months
from the Effective Date. In the event Tenant has not submitted acceptable plans and specifications to the
Authority (and the Authority has approved the same in writing) within 12 months from the Effective
Date, this Lease shall terminate, and the Authority shall retain all funds paid to it by the Tenant. In
addition to Authority approval, Tenant shall obtain at its sole cost all necessary or appropriate approvals
and permits from Collier County, the State of Florida, FAA, South Florida Water Management District
and all other required governmental or non-governmental agencies or parties.
Notwithstanding anything herein to the contrary, Tenant acknowledges and agrees that:
(i) plans and specifications will not be considered approved by the Authority unless and until a complete
permit set has been approved in writing by the Authority's Airports Manager (provided, however, draft
plans and specifications may be submitted by Tenant to the Authority and Collier County for preliminary
review prior to application for approval by the Authority and any other agency whose approval is
required); and (ii) all permit applications, modifications, responses to Requests for Additional Information
(RAI) and other applications or correspondence to be submitted to the FAA, South Florida Water
Management District and other governmental or non-governmental agencies or parties must first be sent
to the Authority's Airports Manager for prior written approval (and Tenant understands and agrees that no
communication with the South Florida Water Management District concerning the Premises or the
Authority's permit is allowed without the prior written approval of the Authority's Airports Manager),
B. Performance Bond or Letter of Credit. Prior to the commencement of
construction of any improvements on the Premises costing greater than Twenty -Five Thousand and
001100 Dollars ($25,000.00), Tenant shall cause to be obtained a payment and performance bond (that
meets the requirements of Section 255.05, Florida Statutes) or letter of credit in a sum equal to the full
cost of all such improvements. Said payment and performance build, letter of credit or other security
shall (i) name the Authority as an obligee or beneficiary thereunder, (ii) be from a company acceptable to
the Authority and licensed to do business in the State of Florida, (iii) contain terms and conditions and be
in form and substance satisfactory to the Authority, (iv) guarantee the full and faithful performance of the
construction and completion of all improvements (and payment to all persons supplying contractor labor,
materials and supplies used directly or indirectly in the prosecution of the construction work provided) in
accordance with final plans and specifications approved in writing by the Authority, free from all liens
and claims of contractors, subcontractors, mechanics, laborers and materialmen following the
commencement of construction; (v) provide that the construction work shall be completed by the Tenant,
its contractor, or, on their default, the surety; (vi) specify that in default of such completion and payment,
such part of the amount of the surety as shall be required to complete the work shall be paid to the
Authority as liquidated and agreed damages for the non-performance of Tenant's agreements, it being
agreed the exact amount of the Authority's damages is difficult and impractical to ascertain; and (vii)
defend, hold harmless, protect and indemnify the Authority against all losses, liabilities, damages,
expenses, claims and judgments caused by or resulting from any failure to perform completely all of the
work described; and (viii) provide that the duty to defend under this section is independent and separate
from the duty to indemnify, exists regardless of any ultimate liability of Tenant, the Authority or any
indemnified party, arises immediately upon presentation of a claim by any party and upon written notice
of such claim being provided to Tenant; and (ix) that the obligation to indemnify and defend under this
section will survive the expiration or earlier termination of this Lease until it is determined by final
judgment that an action against the Authority or an indemnified party for the matter indemnified
hereunder is fully and finally barred by the applicable statute of limitations.
The Authority may but shall not unreasonably disapprove the surety. The surety shall be
deemed approved unless a notice of disapproval is given by the Authority within thirty (30) business days
after receipt of the proposed surety.
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C. "As Built" Plans and Survey. After the final plans and specifications are
approved in writing by the Authority, the Tenant shall diligently and continuously prosecute the
construction of the approved improvements. Upon completion of the approved improvements, Tenant
shall provide Authority with "as built" plans and an "as built" survey certified to the Authority.
D. Construction Documents. Tenant shall construct all site improvements on the
Premises in accordance with the plans and specifications approved by the Authority.
E, Satisfactory Completion and Certificate of Occupancy. Notwithstanding
anything in this Lease to the contrary, Tenant shall satisfactorily complete construction of, and obtain a
certificate of occupancy from the Collier County for, all the improvements on the Premises approved by
the Authority within thirty-six (36) months from the Effective Date of this Lease.
F. Inspection and Acceptance, Tenant shall obtain all building permits and
approvals required. All improvements including, but not limited to, buildings, site preparation, sub -grade
preparation, paving, drainage, and overall development of the Premises, shall be subject to inspection,
testing, and acceptance in accordance with applicable law.
G. En ing eering. Tenant must set the necessary boundary stakes on the Premises and
shall provide any surveys required for the design of the area paving. Any material deviation fi•om the
approved plans and specification must have prior approval by the Authority and any required
governmental agency.
H. Utilities. Upon the prior written approval by the Airports Manager, Tenant may
install other utilities on the Premises at its own cost and expense, including all connection, inspection, and
service fees. All utilities must be installed underground, unless agreed to in writing by the Authority and
waived by any approving utility authority or agency. The Authority may negotiate with Tenant for the
over sizing or extension of utilities to serve other parcels on the Airport.
I. Paving and Concrete. Tenant must construct the pavement for the aircraft
movement areas and the concrete hangar floors to accommodate the heaviest aircraft expected to operate
in the area, or fully loaded fuel trucks, whichever is of greater weight, with expected pavement life of no
less than twenty (20) years. Any roadway access must be in accordance with the Florida Department of
Transportation standards as set forth in the "Manual on Uniform Standards" for comparable construction.
Tenant shall construct and extend, as part of its construction plans, an internal access roadway extending
from the proposed parking lot terminal, past the future Authority Hangar site and traveling behind and to
the west of the three proposed Jet Hangar Jet units identified on the Hole Mantes Proposed Hangars
Layout attached as Exhibit `B," with schematic drawing. That extended roadway shall belong to the
Authority but be dedicated for common use allowing ingress and egress to the Airport for tenants and
other authorized persons, for at least the forty -year term of the Lease.
J. Finish Site Grading. Tenant shall perforin, at Tenant's expense, all finish grading
of the Premises.
K. Frontage Clearances. Tenant shall insure that all frontages and clearance of the
improvements (i) are in compliance with Collier County standards and (ii) do not encroach upon any
building restriction line.
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14. SUBSEQUENT CONSTRUCTION ACTIVITY.
Except as authorized and approved in strict accordance with Section 13, Tenant shall not
commence or conduct any new construction or work, or alter or repair any existing improvements, on the
Premises costing greater than Twenty -Five Thousand and 00/100 Dollars ($25,000.00) without the
Authority's prior written approval, which approval may be approved, denied, delayed or conditioned in
the Authority's sole absolute discretion.
15. DISCHARGE OF LIENS.
Tenant shall not cause or allow any lis pendens, construction, labor, mechanic's or
materialman's lien to be filed against the Premises, the Authority or the Authority's real or personal
property. In the event of the filing of any lien, or any other charge whatsoever against the Premises, the
Authority or its property, Tenant shall immediately take all necessary action to secure the release of same
and shall provide, at Tenant's expense, all bonds, security or undertakings to accomplish the release of
such liens. In the event Tenant fails to secure the release of any such liens, the Authority shall have the
right, but not the duty or obligation, to take any action it deems appropriate to secure the release of any
such lien including paying the underlying obligation to the lienor, Tenant agrees to indemnify and hold
the Authority harmless from all liability, damages associated with this requirement, expense and costs
including reasonable attorneys' fees.
16. RULES AND REGULATIONS.
Tenant hereby agrees to observe and comply with, at its own expense, all laws, policies,
ordinances, rules, and regulations promulgated by the Authority and any other cognizant County, State,
Federal authority or governmental agency or special district having jurisdiction over the Airport and the
Premises described in this Lease, during the Lease Term, including,
A. Airport Leasing Policy, Tenant shall observe and comply with the Authority's
Leasing Policy, as from time to time amended, and on file in the office of the Airports Manager
(hereafter, the "Lease Manual"), The Lease Manual is incorporated into this Lease and by reference
made a part hereof. Tenant acknowledges that it shall be bound by the terms of the Lease Manual, as of
the l s' day of the second month the Tenant receives a copy of the Lease Manual or an amended Lease
Manual. With respect to any terms in this Lease Agreement that conflict with the Lease Manual, the
Lease Manual shall control,
B. Rules and Regulations. Tenant shall observe and comply with the Authority's
Lease Policy, Minimum Standards for Commercial Aeronautical Operators, and its 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 in its sole and absolute discretion without notice to Tenant,
including such reasonable landing fees, rates or charges, as may fron time to time be levied for airfield
operational privileges and/or services provided at the Airport. Tenant shall also comply with all
applicable governmental statutes, rules, orders and regulations. After any such amendment, the Authority
shall duly notify the Tenant.
17, AIRPORT OPERATIONS.
A. Conduct of Business by Tenant. In the use of the Premises pursuant to this
Lease, Tenant shall conduct its operations in a lawful, ethical, orderly and proper manner so as not to
interfere with the rights and privileges of others at the Airport and shall be responsible for the conduct,
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demeanor and appearance of its employees and invitees and of those doing business with Tenant. Upon
receipt of complaints concerning the conduct of its business, Tenant shall immediately address such
complaints and correct any improper conduct as required by the Authority.
B. Care of Aircraft. The responsibility for setting brakes, placing chocks, or
otherwise securing any aircraft is solely that of the Tenant. Authority is under no obligation to move
Tenant's aircraft into or out of the Premises. If, at Tenant's request, Authority does so move said aircraft,
Tenant shall assume all risk of any and all damage or loss occasioned thereby and shall pay the designated
fee to the Authority.
C. Airport Hazards. Tenant agrees to refrain from any act or omission that would
interfere with or adversely affect the operation or maintenance of the airport, disturb the quiet enjoyment
of the use of the Airport or surrounding property or otherwise constitute an Airport hazard. Activities that
may constitute airport hazards including but not limited to any activity on the Premises that directly or
indirectly produces unlawful amounts or levels of chemical, biological or electromagnetic radiation, air
pollution (gasses, particulate matter, odors, fumes, smoke or dust), water pollution, noise, glare, heat
emissions, radioactivity, electronic or radio interference with navigation and communication facilities for
the operation of the Airport and its use by aircraft, trash or refuse accumulation, vibration, prop -wash, or
jet blast, or which is hazardous or dangerous by reason or risk of explosion, fire, or harmful emissions.
D. Based Aircraft Report. Tenant shall furnish to the Authority, within seven (7)
days upon the Authority's written request from time to time, a report of all aircraft located on the
Premises, Such report shall include, at a minimum, the following items: aircraft type, make, model,
registration number and any other information as may reasonably be requested by the Authority's
Airports Manager,
18. FLAMMABLE MATERIALS,
Flammable or explosive gases, liquids or solids shall not be allowed, kept or used on the
Premises except that aviation fuel may be stored in the internal fuel tanks in Tenant's aircraft or other
transportation related equipment, in which event any such substances shall be delivered in amounts, and
stored and used, as approved by Authority in accordance with the rules of the Florida Inspection and
Rating Bureau and all other applicable statutes, guidelines, ordinances, Rules and Regulations in force
and effect during the term of this Lease.
19. WASTE, REPAIR, MAINTENANCE AND CLEANLINESS OF PREMISES.
Tenant understands and agrees that good maintenance is its leasehold obligation, and that
the maintenance obligation under this Lease is fully net, including but not limited to the following:
A. Waste. Tenant shall not commit, nor suffer to be committed, any waste or
contamination on the Premises, including physical damage to the Premises, either negligent, intentional,
or fail to repair and maintain the Premises.
B. Repair and Maintenance. Throughout the Lease Term, Tenant shall keep and
maintain, at its own cost and expense, the Premises and any improvements, fixtures, equipment, or
landscaping thereon, in good order and repair, as determined by the Authority. Subject to the terms and
conditions of Section 14 herein, Tenant shall make all necessary repairs thereto, including, without
limitation, all structural and non-structural repairs, including repairs to building interior, building exterior,
paving, site improvements, fixtures, facilities and equipment, and shall replace all broken glass with glass
of the same size and quality as that broken. All painted exterior surfaces and surfaces requiring treatment
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of any kind must be maintained in good condition and must be repainted or treated when reasonably
required to preserve the structure and to maintain high standards of appearance at the Ail -poll, All
maintenance, repairs, and replacements must be of a quality substantially equal to the original materials
and workmanship. Any changes in exterior paint colors are subject to prior written approval of the
Airports Manager.
C. Repair upon Notice of Authority. In addition to Tenant's obligations tinder
Section I I.E. of this Lease, within ninety (90) days of written notice by the Authority to the Tenant,
Tenant must perform reasonable repair and maintenance as directed by the Authority.
D. Failure to Repair or Maintain. In the event Tenant fails to promptly undertake
and satisfy the obligations imposed herein within ninety (90) days of written notice by the Authority to
the Tenant, the Authority, in addition to the other remedies provided herein, shall have the right to enter
on to the Premises and effect such repairs and recover one hundred ten percent (110%) of its costs and
expenses from Tenant. if Tenant fails to reimburse the Authority for that amount plus interest, within
thirty (30) days of written demand, Tenant's failure to reimburse Authority shall constitute a default under
this Lease.
E. Clean, Safe and Sanitary. Tenant shall keep the Premises and the immediately
adjacent property improvements in a clean, safe and sanitary condition according to all applicable
governmental statutes, ordinances, guidelines, rules and regulations, Authority's Rules and Regulations,
and the direction of duly authorized public officers during the Lease Term, all at Tenant's cost and
expense. Tenant is responsible for removing all garbage, debris, contaminants and other waste material
(solid or liquid) arising out of Tenant's occupancy of the Premises or its operations.
F. Solid Waste. Tenant further agrees to contract with a franchised solid waste
hauler to dispose of solid waste. Tenant shall be responsible for its own trash removal, dumpster
maintenance, and construction debris removal at all times during the term of this Lease. Any garbage,
debris, or waste that may be temporarily stored in the open must be kept in suitable garbage or waste
receptacles equipped with tight fitting covers. If the Authority removes or causes to be removed any
waste from the Premises after Tenant's failure to remove the same, Tenant agrees to reimburse Authority
at one hundred ten percent (1 l0%) of the cost of removal.
G. Liquid Waste. Tenant shall provide, as necessary, a separate drainage, collection,
or separation system to ensure that no untreated liquid waste from any type of operation be discharged
directly on adjacent property or into the Airport's storm drainage or sanitary system, including petroleum
products, solvents, aircraft cleaning residue and oil change operations.
H, Vehicles. Tenant, its employees, subtenants, or customers, shall not keep
unlicensed or inoperable vehicles on any portion of the Airport, including the Premises. Operable but
unlicensed vehicles necessary to Tenant's aviation -related activities as allowed under this Lease are
permitted.
1. Damage Caused. Tenant agrees to immediately report to the Authority any
damage Tenant, its tenants, customers, visitors, agents, contractors or employees cause to the runways,
taxiways, taxi lanes, roads, rights-of-way and driveways to and from the Premises that it uses in common
with other Airport users. Tenant shall reimburse the Authority for the full cost of repairs to these
common areas caused by the Tenant or those using the Airport by or through Tenant.
J. Sewer Service. The Tenant shall pay the expense of providing sewer service to
the Premises and shall connect its improvements to the sewer main. Tenant shall pay all costs of
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connecting its improvements to the sewer including the installation of the lateral pipes, the hook-up fee
and monthly charges as billed by the Collier County Water and Sewer District, Marco Island Water &
Sewer Department, the Authority or any other agency or special district providing sewer service to the
Tenant.
K. Fence, If required by the construction plans, Tenant shall erect and, at all times
during the term of this Lease, maintain an FAA -recommended fence as part of the Airport perimeter fence
line, The Tenant's portion of the fence line shall be specified and approved by the Authority. The
Tenant's portion of the fence shall be constructed and maintained at Tenant's sole cost and expense and
shall be turned over to the Authority upon completion of construction.
20. STORM WATER DISCHARGE
Tenant assures that no contaminants, pollution or hazardous material of any type will be
discharged onto adjacent property or into the storm water system at the Airport and agrees to be held
responsible for any discharge either by Tenant or by any of Tenant's subtenants, agents, or employees,
during the entire Lease Term. Any fine or expense for remedial action required by the Authority, by any
agency or agencies having jurisdiction, as a result of actions on or discharges from the Premises, will be
charged to Tenant, and Tenant shall immediately reimburse Authority for these costs, including attorneys'
fees.
21. SECURITY
The Authority is under no obligation to provide security to the Premises. Tenant may, at
Tenant's sole expense, employ security personnel, install security lighting, or maintain alarm systems, If
Tenant elects to install outdoor lighting, Tenant must request permission from the Authority prior to
installation.
Security requirements are imposed on the Airport by the FAA, Transportation Security
Administration ("TSA") and other agencies having jurisdiction over the Airport. Tenant covenants and
agrees to comply with all such security requirements, at Tenant's sole expense.
In the event the Authority is fined or penalized by the FAA, TSA or any other agency for
a security violation caused by the negligence or omission of the Tenant, or any of Tenant's subtenants,
Tenant shall immediately reimburse the Authority in full for all such fine or penalties.
Tenant acknowledges and agrees that the Authority may (in the sole discretion of the
Authority's Airports Manager), at the Authority's sole expense, install and remove from time to time its
own security equipment and improvements (including, without limitation, cameras, gates, lighting and
alarms) on or about the Premises and improvements located thereon.
22. UTILITY SERVICES, TAXES AND FEES
A. Utilities. Tenant shall pay for all utilities with respect to the Premises or the
occupancy thereof, including without limitation, all costs of electric, water, sewer, trash pick-up, refuse
removal, telephone, internet and other services. Tenant shall have the privilege, at its expense, to access
the water, storm water management, electrical, and phone utility service facilities during the term of this
Lease. Should Tenant's operations require additional service facilities, Tenant shall, at its expense,
extend such facilities to the Premises and pay the cost for all labor and materials. Nothing herein shall
obligate Authority to provide any utility to Tenant that is not presently available to the Premises.
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B. Taxes and Fees. Tenant shall pay when due all valid taxes, special assessments,
excises, license fees and permit fees of whatever nature applicable to its operation or levied or assessed
against the Premises, or improvements thereto, Tenant shall obtain and keep current all licenses, permits
and certificates (City, County, State and Federal) required for the conduct of its activities at and upon the
Airport and Premises. If at any time during this Lease, the Premises, leaschold interest, or rental
payments become subject to any federal, state or local property, sales, excise or other tax, Tenant agrees
to assume the payment of such taxes and, if applicable, to include such payments with the rental payments
required hereunder; provided, however, that Tenant shall in no circumstances by obligated to pay any
taxes based on the net income of Authority. Tenant further agrees not to permit any such taxes, excise, or
license fees to become delinquent.
23. SIGNS.
Tenant agrees that it will not allow any signs, cards or placards to be posted or placed on
the Premises except signs acceptable to the Authority. All signs shall be approved by the Authority in
advance, and shall conform with all Collier County ordinances, and shall not extend above or beyond the
walls and roofs of the buildings constructed on the Premises. Upon expiration of this Lease, Tenant shall
remove all signs at the direction of Authority.
24. ASSIGNMENT, SUBLEASE, SALE AND ENCUMBRANCE.
A. Notice to the Authority. Should the Tenant intend to assign this Lease, sublet the
Premises or a portion thereof, sell, encumber or otherwise transfer its interest in this Lease, the Premises,
or in any improvements thereon, or allow any other persons or entities (except Tenant's authorized
representatives) to occupy or use all or any part of the Premises, it shall first provide thirty (30) days
written notice and request for consent for such alienation to the Authority prior to the date intended for
the assignment of this Lease, sublease, sale, encumbrance, transfer, occupancy or use, Any such
assignment, sublease, sale, encumbrance, transfer, occupancy or use shall not be permitted without the
Authority's prior written consent, provided, however, that adequate security and guarantees of the
obligations under this Lease, as deemed appropriate in the sole and absolute discretion of the Authority,
are provided, executed and delivered. Further, the Authority may condition its consent upon an increase
in the Lease rental rate and may require any other requirements, conditions or covenants before
consenting to any such assignment, sublease, sale, encumbrance, transfer, occupancy or use. Any
assignment of this Lease, sublease, sale, encumbrance, transfer, occupancy or use by Tenant is voidable
and, at the Authority's election, constitutes a default of this Lease if not accomplished in accordance with
this Section. Further, the consent by the Authority to any assignment of this Lease, sublease, sale,
encumbrance, transfer, occupancy or use does not constitute a further waiver of the provisions under this
Lease. The Authority shall have the absolute right to review all sublease and condominium sale
agreements, which shall incorporate and include the Airport Lease Manual and all Authority policies,
rules and regulations, and all the same conditions that Tenant owes to the Authority in this Lease.
On an annual basis commencing upon the Effective Date of this Lease and to be updated
as new subtenants or condominium unit owners take occupancy in the hangars constructed by Tenant, the
Tenant shall provide the Airports Manager with a listing of all Tenant's subtenants and condominium unit
owners, including all contact information (names, addresses, telephone numbers) along with a based
aircraft report; which information the Authority shall control and utilize for purposes of site access,
emergencies and such other similar needs.
B. Grant of RiWht of First Refusal to the Authority: Notwithstanding the foregoing,
in the event Tenant intends to assign this Lease, sublet the Premises or a portion thereof, sell or otherwise
transfer its interest in this Lease, the Premises or in any improvements thereon, Tenant shall first offer to
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assign, sublet, sell or transfer such interest to the Authority tinder the same terms and conditions offered
to the proposed assignee, subtenant, purchaser or transferee, in writing, sixty (60) days prior to the date
intended for such assignment, sublease, sale or transfer, The Authority shall have forty-five (45) days
from receipt of the aforementioned written offer from Tenant within which to exercise its right of first
refusal, in writing, or it shall be deemed to have been waived by the Authority.
Failure of Tenant to comply with the foregoing shall be deemed a default under Section
24 of this Lease.
C. Exception: The subleasing of storage space to aircraft owners or operators for
the storage of their aircraft on the Premises and/or the subleasing of office space on the Premises shall not
be subject to the sixty (60) day written notice and request for consent requirement referenced herein;
provided, however, all subleases for the storage of aircraft or office space are subject to the review and
prior written approval by the Airports Manager of the Authority (and such approval may be conditioned
upon such requirements, conditions or covenants as deemed appropriate in the sole and absolute
discretion of the Authority's Airports Manager). Subleases for the storage of aircraft or office space for a
term in excess of the authority of the Airports Manager of the Authority are subject to the review and
additional prior approval of the Authority (and such approval may be conditioned upon such
requirements, conditions or covenants as deemed appropriate in the sole and absolute discretion of the
Authority).
D, Contents of Regtuest for Consent. Tenant's request to Authority for consent to
any proposed assignment, sublease, sale, encumbrance, transfer, occupancy or use shall include the
following information and documents:
(1) The name and address of the proposed assignee, subtenant, purchaser,
mortgagee/lender/lienholder, transferee occupant or user;
(2) The nature of the proposed assignee's, subtenant's, purchaser's,
mortgagee/lender/lienholder's, transferee's, occupant's or user's business to be carried out on the
Premises;
(3) Each of the terms and provisions of the proposed assignment, sublease, sale,
encumbrance, transfer, occupancy or use, including without limitation, the full consideration for the
assignment, sublease, sale, encumbrance, transfer, occupancy or use; and
(4) Such other information and documentation as deemed appropriate in the sole
and absolute discretion of the Airports Manager of the Authority.
E, Assignment of Rent Due. Tenant has the right to assign, sublease or transfer, or
allow others to occupy or use, portions of the Premises subject to the terms and conditions of this Lease.
If Tenant, or any assignee, subtenant or transferee of Tenant (or any occupant or user of any portion of the
Premises), is in default or otherwise violates any terms or conditions of this Lease, and fails to cure the
default or violation within ten (10) days of receiving written notice from the Authority, Tenant and such
assignee, subtenant or transferee (or occupant or user) immediately and irrevocably assigns to the
Authority, as security for the obligations under this Lease, all rent from any assignment, subletting or
transfer (or occupancy or use) of all or pail of the Premises. The Authority, as assignee for Tenant, or a
receiver for Tenant appointed on Authority's application, may collect the rent and apply it toward
Tenant's obligations under this Lease.
F. Assignment Relieves Tenant. Upon a valid assignment of this Lease approved in
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writing by the Authority, but not upon a sublease, encumbrance or other transfer, the Tenant may, at the
sole discretion and written consent of the Authority, be relieved of all obligations and liabilities arising
from this Lease effective as of the date of such assignment.
G. Assignment by Authority. Authority may assign, hypothecate, mortgage, pledge
or otherwise encumber its interest in this Lease and may employ outside management services for lease
administration to the extent allowable by law.
25. INDEMNIFICATION AND DEFENSE.
To the maximum extent permitted by Florida law, Tenant covenants and agrees to save
and hold harmless and indemnify the Collier County Board of County Commissioners, the Authority and
the Authority's past and present commissioners, directors, managers, employees, agents, insurers,
attorneys, representatives, successors, and assigns, in both their individual and representative capacities,
of, from and against any and all liabilities, losses, damages, costs, expenses, causes of action, suits,
penalties, claims, demands, and judgments of every ]rind and nature, including, without limitation,
attorneys' fees and expenses of defense (through all appeals), arising out of or in connection with;
A. any act, error or omission of Tenant or Tenant's personnel, employees,
subtenants, agents, suppliers, subcontractors, licensees, invitees or trespassers;
B. the performance of this Lease;
C. the failure to fulfill any obligations of Tenant under- th is Lease; and
D. the use and possession of the Premises.
The Authority shall select its own counsel and Tenant shall reimburse the Authority for
all reasonable attorneys' fees and costs.
The indemnification obligations under this Section shall survive the Lease termination.
This Section shall also pertain to any claims brought against the Collier County Board of County
Commissioners, the Authority and the Authority's past and present commissioners, officers, employees,
agents, insurers, attorneys, representatives, successors, and assigns, in both their individual and
representative capacities, by Tenant, any of Tenant's personnel, employees, agents, suppliers,
subcontractors, licensees, invitees or trespassers and anyone claiming by or through Tenant. Tenant's
obligations under this Section shall not be limited in any way by Tenant's limits of, or lack of, sufficient
insurance protection.
26. INSURANCE REQUIREMENTS.
A. Insurance Coverage.
(1) Property Insurance - Tenant agrees to secure and maintain in force at its
expense, a property insurance policy to include "Special Form" coverage, including Windstorm, Flood,
Vandalism, and Malicious Mischief covering the Premises Building and Real Property and all
improvements thereon and Personal Property/Contents thereof for full replacement value. If Flood
Insurance is not available within the Property coverage, and the Improvements on the Premises are
located within a Special Flood Hazard Area, then coverage shall be purchased from the National Flood
Insurance Program (NFIP), Tenant is responsible for any deductibles.
ED
(2) General Liability Insurance - Tenant agrees to secure and maintain
general liability insurance and/or aviation liability insurance covering Tenant's activities, its use of the
Premises, its operations at and use of the hangar including any aircraft stored on the Premises and or on
any other part of the Airport, including liability under the indemnities required herein. The General
Liability Insurance policy shall have coverage limitations providing no less than $1,000,000 per
occurrence/$2,000,000 aggregate. Coverage will extend to any vehicles or equipment that are not
Iicensed for road use. Tenant is responsible for any deductibles. See Exhibit "D," attached.
(3) Automobile Liabfliy Insurance -- If Tenant's operations utilize road -
licensed vehicles located on the Airport, all such vehicles shall be insured for a minimum of $1,000,000
per occurrence.
(4) Builder's Risk Insurance — At all times during the construction of any
improvements on the Premises, Tenant agrees to secure and maintain builder's risk insurance covering
contractor's labor, materials and equipment to be used for completion of the work performed against all
risks of direct physical loss, excluding earthquake and flood, for an amount equal to the full cost of the
improvements. Tenant is responsible for any deductibles.
B. Changes in Policy. Tenant shall provide Authority with notice of any proposed
change to any insurance coverage. The Authority maintains the right to reject a proposed change in
Tenant's insurance coverage or insurer, and in the event of a policy cancellation, the Tenant is required to
obtain satisfactory successor insurance without lapse. If such provision is not available on the insurance
policies, Tenant is required to notify Authority thirty (30) days prior to the policy cancellation, non-
renewal or material change in coverage.
C. Evidence of Insurance. Tenant shall secure and deliver annually to Authority
appropriate insurance certificates showing evidence of coverage as required hereunder. Tenant shall file
with the Authority a duly executed original certificate of insurance evidencing that the insurance required
by this Lease is extended. Authority has the right to request copies of any policies required under this
Section.
D. Form of Policies. All policies of insurance required under this Section must be in
a standard form and written by qualified insurance companies satisfactory to the Authority. Insurance
carriers must maintain throughout the term of this contract an AM Best rating of A- VII or better. All
provisions set forth herein must be verified on the required Evidence/Certificates of Insurance.
(1) Certificate Holder, Additional Insured, and Loss Payee shall be listed as;
"Collier County Airport Authority," at its address, 2005 Mainsail Drive, Suite 1, Naples, Florida 34114.
(2) All insurance policies shall contain a clause or endorsement by which the
insurance carrier waives all rights of subrogation against Authority, except where the Authority or its
agents are liable for a specific act of gross negligence. Evidence of the Waiver of Subrogation shall
appear on the Evidence/Certificate of Insurance.
(3) GenerallAviation Liability policy(ies) shall name the "Collier County
Airport Authority," as an additional insured. Evidence of that provision shall appear on the
Evidence/Certificate of Insurance.
(4) Property policy(ies) shall name the "Collier County Airport Authority,"
as Loss Payee for its interest in the Premises. Evidence of that provision shall appear on the Evidence of
Property Insurance form or similar Certificate of Insurance.
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(5) All insurance policies shall provide that the Authority be given thirty
(30) days prior written notice of cancellation, non -renewal or material change in coverage or AM Best
rating. Such provision shall appear on the Evidence/Certificate of Insurance. If such provision is not
available on the insurance policies, Tenant is responsible to notify Authority thirty (30) days prior to
policy cancellation, non -renewal or material change in coverage.
(6) All of Tenant's required insurance policies shall be primary and non-
contributory insurance to the Authority's. Such provision shall appear on the Evidence/Certificate of
Insurance.
(7) The Authority does not represent that the types or amounts of insurance
required herein are sufficient or adequate to protect Tenant's interests or liability but are only minimum
requirements. Authority reserves the right to require any other reasonable insurance coverage which the
Authority deems necessary depending upon the risk of loss and exposure to liability,
E, Notice. Tenant shall give the Authority prompt and timely written notice of any
claim made or suit instituted of which Tenant is aware that in any way directly, indirectly, contingently,
or otherwise affects or might affect the Authority, and the Authority shall have the right to participate in
the defense of the claim to the extent of its interest.
F. Lapse of insurance Coverage. if Tenant shall fail to maintain insurance
coverage as required, then the Authority may, but is not obligated to, obtain same and add the cost of such
insurance to next due lease rental payment. If the Authority does so, it may charge interest thereon at the
rate of 18.0 % per annum, or at the maximum interest rate permitted by law in the State of Florida,
whichever is greater, provided, however, that this provision shall not be construed to create an obligation
for Tenant to pay a usurious rate of interest to the Authority, from the time of payment, which shall be
added to the rental becoming due, and shall be collected as an additional charge.
G. The Authority reserves the right in its sole reasonable discretion to increase or
otherwise modify on an annual basis throughout the term of this Lease all the Tenant's insurance
requirements hereunder, including, without limitation, the types and form of insurance coverage required
and the minimum amounts of each such required insurance coverage. The Authority will provide not less
than thirty (30) days prior written notice to Tenant of any modifications to the insurance requirements
hereunder.
27. ACCESS TO PREMISES.
Tenant agrees to allow the Airports Manager, and other duly authorized representative or
agents of the Authority, access at all reasonable times to the Premises to examine or inspect the Premises.
Upon the expiration or termination of this Lease for any reason, Tenant shall vacate the Premises and
deliver immediate possession of the Premises to the Authority.
28. SURRENDER DAMAGES.
A. Personal Prop.rt. Upon termination or expiration of this Lease, provided all
amounts due to Authority have been paid, Tenant shall have the right and responsibility to remove all its
personal property exclusive of fixtures that it has maintained on the Premises, which removal shall be
accomplished no later than the termination or expiration date of this Lease. Electrical and plumbing
facilities, air conditioners and other permanently installed fixtures shall not be considered personal
property. Tenant agrees to repair any damage occasioned by the removal of its personal property or
damage caused by Tenant's occupancy, If Tenant fails to remove its personal property or to repair any
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damage done to the Premises by the expiration or termination date, the Authority reserves the right to
remove and dispose of all such personal property abandoned, and to make any necessary repairs to restore
the Premises, at Tenant's expense.
B. Title to Improvements. Tenant acknowledges that at the expiration, cancellation,
or other earlier termination of this Lease, all buildings and improvements on the Premises become the
property of the Authority, free and clear of all liability and encumbrances, and any further occupancy by
the Tenant will be based on that ownership principle. Tenant further acknowledges that the Authority
may choose to use the Premises for its own purposes and elect not to re -lease the Premises to any other
party.
C. Failure to Surrender Premises. If Tenant fails to surrender the Premises to the
Authority on expiration, or after termination or cancellation of this Lease as required by this Section,
Tenant shall defend, indemnify, and hold Authority harmless from all claims, liability, costs, and damages
resulting from Tenant's failure to surrender the Premises, including without limitation, claims made by a
succeeding tenant or subtenant.
The duty to defend hereunder is independent and separate from the duty to indemnify, and the
duty to defend exists regardless of any ultimate liability of the Tenant, Authority and any indemnified
party. The duty to defend arises immediately upon presentation of a claim by any party and written notice
of such claim being provided to Tenant. Tenant's obligation to indemnify and defend hereunder will
survive the expiration or earlier termination of this Agreement until it is determined by final judgment
that an action against the Authority or an indemnified party for the matter indemnified he►-eunder is fully
and finally barred by the applicable statute of limitations,
24. DEFAULT.
Each of the following shall constitute an event of default on the part of Tenant under this
Lease:
A. Nonpayment. Failure of Tenant to pay when due any installment of the lease
rental payment hereunder or interest on a late lease rental payment, or failure of Tenant to pay when due
any taxes, fees, fines, charges, special assessments or other amounts due under this Lease, if such failure
continues and is not fully cured within ten (10) days after written notification to Tenant of such failure;
B. Cross -Default. The breach of any other agreement, license, contract or permit
between Tenant (or any officer, director, shareholder or principal of Tenant) and the Authority;
C. Other Obligations. Failure of Tenant to perform any non -monetary obligation,
agreement or covenant under this Lease, if such failure continues and is not fully cured within thirty (30)
days after written notification to Tenant of such failure;
D, Violation of Law. The violation by Tenant of any local, State or federal aviation
law, order, statute, ordinance (including any resolution of the Authority), if such violation continues and
is not fully cured within ten (10) days after written notification to Tenant of such violation;
E. Violation of Rules and Regulations. An infraction or violation of the Authority's
Lease Manual or Rules and Regulations having continued beyond the cure period set out in the written
notice by the Authority to the Tenant of such infraction or violation. The permissible cure period shall be
determined by the Authority in its sole absolute discretion on a case by case basis, depending on the
seriousness of the infraction or violation.
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G
F, Bankruptcy. The filing of any voluntary petition in bankruptcy by Tenant, or the
filing of any involuntary petition by Tenant's creditors, which remains undischarged for a period of thirty
(30) days. In the event that under applicable law the trustee in bankruptcy or Tenant has the right to
affirm this Lease and continue to perform the obligations of Tenant hereunder, such trustee or Tenant
shall, in such time period as may be permitted by the bankruptcy court having jurisdiction, cure all
defaults of Tenant hereunder outstanding as of the date of the affirmance of this Lease and provide to
Authority such adequate assurances as may be necessary to ensure Authority of the continued
performance of all of Tenant's obligations under this Lease (and, further, the Authority shall receive all
the protections available to creditors under the United States Bankruptcy Code including, but not limited
to, Section 365 thereof, as amended from time to time);
G. Receivership. The appointment of a receiver to take possession of substantially
all the Tenant's assets or the Premises, if such receivership remains undissolved for a period of one
hundred eighty (180) days after creation thereof;
H. Attachment. The attachment, execution or other judicial seizure of this Lease or
all or a part of Tenant's assets located at the Premises, if such attachment or other seizure remains
undismissed or undischarged for a period often (10) days after the levy thereof;
1, insolvency. The admission by Tenant in writing of its inability to pay its debts as
they become due, the filing by Tenant of a petition seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or future statute, law or
regulation, the filing by Tenant of an answer admitting or failing timely to contest a material allegation of
a petition filed against Tenant in any such proceeding or, if within thirty (30) days after the
commencement of any proceeding against Tenant seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief under any present or future statute, law or
regulation, such proceeding shall not have been dismissed; and
J. Pollutants. Any release by Tenant of pollutants, contaminants or hazardous
materials on or from the Premises,
30. AUTHORITY'S REMEDIES
The following shall constitute the Authority's remedies upon the occurrence of any event
of default set forth in Section 29 herein (provided, however, the following remedies are not exclusive,
they are cumulative and in addition to any other remedies now or hereafter allowed by law or equity).
A. Termination. If an event of default under this Lease occurs, the Authority shall
have the absolute right, with or without notice or demand, to immediately terminate this Lease and
recover possession of the Premises or any part thereof and expel and remove therefrom Tenant and any
other person occupying the Premises, by any lawful means, and again repossess and occupy the Premises
without prejudice to any of the remedies that Authority may have under this Lease, or at law or equity by
reason of Tenant's default or of such termination;
B. Continuation After Default. Even if Tenant has breached this Lease and/or
abandoned the Premises, at Authority's option, this Lease may continue in effect, and Authority may
enforce all of its rights and remedies under this Lease, including, without limitation, the right to recover
lease rental as it becomes due hereunder; and the Authority, without terminating this Lease, may exercise
all of the rights and remedies of a landlord under the laws of the State of Florida. Acts of maintenance or
preservation, efforts to lease the Premises, or the appointment of receiver upon application of the
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Authority to protect Authority's interest under this Lease shall not constitute an election to terminate
Tenant's right to possession.
C. Damages Upon Termination, Should the Authority terminate Tenant's right to
possession or terminate this Lease, the Authority shall have all the rights and remedies of a landlord in
addition to governmental police power, all as provided by the laws of the State of Florida. At its option,
the Authority may recover possession of the Premises and lease it to another tenant, reimburse itself for
any expenses, and apply whatever net rent is derived from this transaction in reduction of the amounts due
the Authority from Tenant in rents and other charges. Such re-leasing activity will be at the Authority's
option, and the Authority has no duty to exercise this option, but if the Authority does, such activity will
not waive or release Tenant from its obligation to pay lease rental under this Lease. Upon termination of
Tenant's right to possession or of this Lease, in addition to any other rights and remedies to which the
Authority may be entitled under applicable law, Authority shall be entitled to recover from Tenant:
(1) the amount at the time of award of the unpaid rental amount and other
amounts which had accrued at the time of termination;
(2) an amount equal to the amount by which the unpaid rental amount that
would have been earned after termination until the time of award exceeds the amount of such rent loss
that the Tenant proves could have been reasonably avoided;
(3) the worth at the time of award of the amount by which the total unpaid
rent for the balance of the term of this Lease after the time of award exceeds the amount of such rent loss
that the Tenant proves could be reasonably avoided; and
(4) any other amount necessary to compensate the Authority for all the
economic losses proximately or consequentially caused to the Authority by Tenant's failure to perform its
obligations under this Lease,
The amounts referred to in (1) and (2) shall be computed with interest at the rate
of eighteen percent (18%) per annum or the maximum interest rate permitted by law in the State of
Florida, whichever is greater, provided, however, that this provision shall not be construed to create an
obligation for Tenant to pay a usurious rate of interest to the Authority. The amount referred to in (3)
shall be computed by reference to competent appraisal evidence of the formula prescribed by and using
the lowest discount rate permitted under applicable law.
31. DESTRUCTION AND RESTORATION OF PREMISES
In the event that the Premises or the improvements located thereon shall be destroyed in
whole or in pail by fire, hurricane, flood or other casualty, then the following will apply:
A. If the Premises are partially destroyed and the damage does not exceed fifty
percent (50%) of the value of the structure and improvements, the Premises shall be rebuilt utilizing
insurance proceeds, and the lease rental payment described in Section 5 shall abate during the period of
reconstruction but in no event in excess of six (6) months from the date of the partial destruction; and
B. If the damage to the Premises exceeds fifty percent (50%), the Tenant shall have
the option to rebuild an equivalent structure using the insurance proceeds to pay for the reconstruction
cost. if the Tenant elects to rebuild, it is obligated to commence construction within six (6) months from
the date of the destruction and to complete construction within eighteen (18) months after the date of
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destruction. The lease rental shall abate during the period of reconstruction but in no event shall abate in
excess of six (6) months from the date of commencement of reconstruction, or Tenant will have the
option to terminate this Lease in which case Authority will retain the insurance proceeds as liquidated
damages. In any event, Tenant shall comply with the requirements of Sections 12, 13 and 14 above.
32. AIRPORT DEVELOPMENT.
Tenant agrees that Authority may develop or improve the facilities at the Airport as it
deems advisable, regardless of the interests of the Tenant, and without interference or hindrance from
Tenant.
33. ATTORNEYS' FEES.
The prevailing party shall recover the attorneys' fees and costs incurred to enforce any
provision of this Lease including all costs of collection. Attorneys' costs and expenses recoverable shall
include all out of pocket expenses and shall not be limited by the Florida Statewide Uniform Guidelines
for Taxation of Costs in Civil Actions.
34. RIGHT OF FLIGHT OPERATIONS.
Tenant acknowledges and agrees that the Authority reserves for itself, its successors and
assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace
above the surface of the Premises, together with the right to cause in the airspace such noise as may be
inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the
airspace, and for use of the airspace for landing on, taking off from, maneuvering, or operating on the
Airport. Tenant's use and enjoyment of the Premises is subject to such noise and such other disturbance
as may be inherent in such operations.
35. AIRCRAFT HAZARDS.
A. Self -Help by Authority. Tenant acknowledges and agrees that the Authority reserves
the right to take any action it considers necessary to protect the aerial approaches of the Airport against
obstruction, together with the right to prevent Tenant from erecting, or permitting to be erected, any
building or other structure on or adjacent to the Airport which, in the opinion of the Authority, would
Ilmit the usefulness of the Airport or constitute a hazard to aircraft.
B. Navigational Aids. The Authority reserves the right during the Lease Term, any
renewal thereof, or any extension, to install air navigational aids including lighting, in, under and across
the Premises, at the Authority's expense. The Authority agrees to give Tenant no less than ninety (90)
days' notice of its intention to install the air navigational aids.
36. OBSTRUCTIONS.
Tenant expressly agrees for itself, its successors and assigns, to restrict the height of
structures, objects of natural growth and other obstructions on the Premises to such height as to comply
with Federal Aviation Regulations, Part 77.
37. CONDEMNATION.
A. Lease Termination. If, at any time during the term of this Lease, the Authority's
possession or rights are terminated, or the entire or substantially all of the Premises shall be taken in
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condemnation proceedings or by any right of eminent domain, then this Lease shall terminate and expire
on the date of such event and the lease rental and other charges payable hereunder shall be apportioned
and paid to the date of such event. For purposes of this Section, "substantially all of the Premises" shall be
deemed to have been taken if the remaining portion of property cannot be practically and economically
used or converted for use by Tenant for the purpose permitted by this Lease.
B. Compensation. Nothing herein shall waive any right that Authority or Tenant
may have concerning any rights to be compensated for the appropriation or taking of property or rights by
condemnation.
38. NONDISCRIMINATION
The Tenant, for itself, its officers, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event the improvements on the Premises
are operated for a purpose for which a Department of Transportation ("DOT") program or activity is
extended or for another purpose involving the provision of similar services or benefits, the Tenant shall
maintain and operate such facilities and services in compliance with all other requirements imposed
pursuant to 49 CFR Part 21, Nondiscrimination in Federally -assisted Programs of the DOT, and as those
regulations may be amended.
The Tenant for itself, its officers, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that:
(i} no person on condition of race, color, or national origin, shall be excluded from
participation in, denied the benefits of, or be otherwise subjected to discrimination in the
use of the Premises,
(ii) in the construction or alteration of any improvements on or over the Premises and the
furnishing of services thereon, no person on the grounds of race, color, or national origin,
shall be excluded from participation in, denied the benefits of, or otherwise be subjected
to discrimination,
(iii) the Tenant shall use the Premises in compliance with all other requirements imposed by
or pursuant to 49 CFR Part 21, Nondiscrimination in Federally -assisted Programs of the
DOT, and as those regulations may be amended.
39. GOVERNING LAW.
This Lease shall be governed by and interpreted according to the laws of the State of
Florida. Any litigation involving this Lease, or the use and occupancy of the Premises, shall be filed and
litigated in Collier County, Florida, in a non jury proceeding. Tenant hereby waives and releases any
right it has or may have to a trial by jury of any issue.
40. BINDING EFFECT.
This Lease shall be binding upon and inure to the benefit of the Parties hereto and their
successors and such assigns as may be approved by the Authority. This reference does not authorize an
assignment or subletting by Tenant that is inconsistent with the restrictions on assignments and subletting,
stated heretofore.
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41. REMEDIES CUMULATIVE NO WAIVER.
A. Cumulative Rights. The rights and remedies granted to Authority hereunder shall
be deemed to be cumulative and non-exclusive. The failure by Authority at any time to assert any such
right or remedy shall not be deemed to be a waiver and shall not preclude the entitlement to or the
assertion of such right or remedy at a later date.
B. Acceptance of Partial Pa,, ice. The Authority may, at its exclusive option,
accept partial or late lease rental payments from Tenant, without waiving any rights concerning collection
of the full amount due, and without waiving the Tenant's default for non-payment. Authority may
simultaneously accept partial payments due hereunder and still proceed to dispossess Tenant and/or
terminate this Lease or its right to occupy the Premises. Nothing in this provision shall excuse Tenant
from making timely payments as they are due.
42. NOTICE TO PARTIES.
It is understood and agreed between the Parties hereto that written notice, mailed by
certified mail, return receipt requested, or hand delivered to Authority or Tenant or Tenant's agent shall
constitute proper and sufficient notice if sent to the places designated in Section I or at such other address
as either party may designate to the other by notice in writing.
43. SEVERABILITY.
In the event any provision of this Lease is determined by a proper judicial authority to be
unenforceable, such provision shall be considered separate and severable from the remaining provision of
this Lease, which shall remain in force and be binding as though such unenforceable provision had not
been included, unless the Authority in the reasonable exercise of its discretion determines that the
provision found to be unenforceable goes to the essence of the Lease and its absence renders the Lease
defective, then this Lease shall terminate and be of no further force or effect.
44. ENTIRE AGREEMENT.
This Lease constitutes the entire agreement between the Parties hereto, supersedes all
prior written or oral agreements or understandings, and may be modified only by a writing executed by
the Parties hereto.
45. DOMINANT AGREEMENTS.
Tenant hereby covenants and agrees that all of Tenant's rights and privileges under this
Lease are subject and subordinate to any and all rights, liens, licenses, leases, tenancies, mortgages, uses,
encumbrances and other restrictions which may now or hereafter bind the Authority or encumber the
Airport (or any part of the Premises), and to all renewals, modifications and extensions thereof. Without
limiting the generality of the foregoing, Tenant expressly understands and agrees that this Lease is
subordinate and subject to the Lease Manual, Rules and Regulations, and any and all lending, bonding or
certificate of participation, and any and all agreements between the Authority and the FAA, State of
Florida, Collier County or other governmental entity or agency, whether presently existing or hereinafter
created. During times 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 insofar as they are inconsistent with the provisions
of the lease to the United States Government, shall be suspended. Any executed lease, including this one,
shall be subordinate to the provisions of any existing or future agreement between Authority and the
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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 Airport, Tenant
hereby covenants and agrees to modify any of the terms and conditions of this Lease that may be determined
to be in violation of existing or future laws, regulations, grant assurances or other requirements, In the event
the Parties are unable to mutually agree to a reasonable modification of the terms and conditions of this
Lease pursuant to this Section 45, the Authority may rescind this Lease by providing thirty (30) days written
notice to Tenant.
46. RADON DISCLOSURE.
Radon is naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and State guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from the Collier County Public Health
Unit.
47. HEADINGS.
The Section headings are included in this Lease for reference purposes only and shall not
be employed to interpret or to construe this Lease.
48. AUTHORIZATION.
Each entity executing this Lease warrants and covenants that this Lease and its execution
has been duly authorized and approved by its respective governing board or authorized agents,
49. AMENDMENT.
This Lease shall not be altered, changed, or amended except by instrument in writing
executed by the Authority and the Tenant.
so. PAA REQUIRED CONTRACT PROVISIONS.
A. Civil Rights — General. The Tenant and its transferee agree to comply with
pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on
the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in
any activity conducted with or benefiting froth Federal assistance. This provision obligates the Tenant or
its transferee for the period during which Federal assistance is extended to the Authority through the
Airport Improvement Program. In cases where Federal assistance provides, or is in the form of personal
propcily; real property or interest therein; structures or improvements thereon, this provision obligates the
party or any transferee for the longer of the following periods: (a) the period during which the property is
used by the Authority or any transferee for a purpose for which Federal assistance is extended, or for
another purpose involving the provision of similar services or benefits; or (b) the period during which the
Authority or any transferee retains ownership or possession of the property.
B. Civil Rights — Title VI Assurances - Compliance with Nondiscrimination
Requirements. During the performance of this Lease, Tenant, for itself, its assignees, and successors in
interest agrees as follows:
(1) Compliance with Regulations: The Tenant (hereinafter includes
consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as
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ra►a
they may be amended from time to time, which are herein incorporated by reference and made a part of
this contract.
(2) Non-discrimination: The Tenant, with regard to the work performed by
it during this Lease, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and ]eases of equipment. The
Tenant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination
Acts and Authorities, including employment practices when the contract covets any activity, project, or
program set forth in Appendix B of 49 CFR part 21.
(3) Solicitations for Subcontracts, ]ncluding Procurements of Materials and
Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Tenant for
work to be performed under a subcontract, including procurements of materials, or ]eases of equipment,
each potential subcontractor or supplier will be notified by the Tenant of the Tenant's obligations under
this Lease and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national
origin.
(4) Information and Reports: The Tenant will provide all information and
reports required by the Acts, the Regulations, and directives issued pursuant thereto and will pert -nit
access to its books, records, accounts, other sources of information, and its facilities as may be determined
by the Authority or the Federal Aviation Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts and Authorities and instructions. Where any information required of a Tenant is
in the exclusive possession of another who fails or refuses to furnish the information, the Tenant will so
certify to the Authority or the Federal Aviation Administration, as appropriate, and will set forth what
efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of Tenant's noncompliance
with the Non-discrimination provisions of this Lease, the Authority will impose such contract sanctions as
it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to:
(a) withholding any payments to the Tenant under this Lease until the Tenant complies; and/or (b)
cancelling, terminating, or suspending this Lease, in whole or in part.
(6) Incorporation of Provisions: The Tenant will include the provisions of
Subsections 50.B.(I) through (6) in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The
Tenant will take action with respect to any subcontract or procurement as the Authority or the Federal
Aviation Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, that if the Tenant becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the Tenant may request the Authority to enter into
any litigation to protect the interests of the Authority. In addition, the Tenant may request the United
States to enter into the litigation to protect the interests of the United States.
C. Transfer of Real Property Acquired or improved Under the Activity,_ Facility,
or Propr�.
(1) Tenant for its/his/her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (as a covenant
running with the land during the term of this Lease) that:
(a) h1 the event facilities are constructed, maintained, or otherwise
operated on the property described in this Lease for a purpose for which a Federal Aviation
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Administration activity, facility, or program is extended or for another purpose involving the provision of
similar services or benefits, Tenant will maintain and operate such facilities and services in compliance
with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List
of Non discriinination Authorities (as may be amended) such that no person on the grounds of race, color,
or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected
to discrimination in the use of said facilities.
(2) With respect to licenses, leases, permits, etc., in the event of breach of
any of the above Nondiscrimination covenants, the Authority will have the right to terminate the licenses,
leases, permits, etc. and this Lease and to enter, re-enter, and repossess said lands and facilities thereon,
and hold the same as if the licenses, leases, permits, etc. and this Lease had never been made or issued.
D. Construction/Use/Access to Real Property Acquired Under the Activity,
Facility or Pro rg am,
(1) Tenant for itself/himself/herself, its/his/her heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (as a covenant running with the land during the term of this Lease) that: (a) no person
on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits
of, or be otherwise subjected to discrimination in the use of said facilities, (b) that in the construction of
any improvements on, over, or under such land, and the furnishing of services thereon, no person on the
ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination, and (c) that Tenant will use the premises in compliance with all
other requirements imposed by or pursuant to the List of discrimination Acts And Authorities.
(2) In the event of breach of any of the above nondiscrimination covenants,
the Authority will have the right to terminate the licenses, leases, permits, etc. and this Lease and to enter
or re-enter and repossess said land and the facilities thereon, and hold the same as if the licenses, leases,
permits, etc. and this Lease had never been made or issued.
E. Title VI List of Pertinent Nondiscrimination Acts and Authorities.
During the performance of this Lease, Tenant, for itself, its assignees, and successors in
interest, agrees to comply with the following non-discrimination statutes and authorities, including but not
limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally -Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR part 27;
• The Age Discrimination Act of I975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
-30-
CA
1975 and section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles I1 and iII of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131
— 12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations, which ensures non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and adverse
human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at
74087 to 74100); and
• Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
F. Federal Fair Labor Standards Act. All contracts and subcontracts that result from
this solicitation (including this Lease) incorporate by reference the provisions of 29 CFR part 201, the
Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The
FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time
workers. Tenant has full responsibility to monitor compliance to the referenced statute or regulation.
Tenant must address any claims or disputes that arise from this requirement directly with the U.S.
Department of Labor — Wage and Hour Division.
G. Occupational Safety and Health Act. All contracts and subcontracts that result
from this solicitation (including this Lease) incorporate by reference the requirements of
29 CFR Pail 1910 with the same force and effect as if given in full text. Tenant must provide a work
environment that is free from recognized hazards that may cause death or serious physical hat -in to the
employee. Tenant retains full responsibility to monitor its compliance and their subcontractor's
compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR
Part 1910). Tenant must address any claims or disputes that pertain to a referenced requirement directly
with the U,S. Department of Labor — Occupational Safety and Health Administration.
51. FLORIDA PUBLIC RECORDS LAWS.
A. IF TENANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TENANT'S
DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS LEASE,
CONTACT THE AUTHORITY'S CUSTODIAN OF PUBLIC RECORDS AT
(239) 642-7878, Justin.Lobb�cr�,colliercount_yfl.gov AND/OR 2005 MAINSAIL,
DRIVE, NAPLES, FLORIDA 34114.
-31 -
9
B. Tenant acknowledges and agrees that Tenant shall be required to comply with
Florida's Public Records Laws, Chapter 1 19, Florida Statutes. Specifically, Tenant hereby covenants and
agrees that it shall:
(1) ]seep and maintain public records required by the Authority to perform
the services under this Lease;
(2) upon request from the Authority's custodian of public records, provide
the Authority with a copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter t 19, Florida Statutes, or as
otherwise provided by law;
(3) ensure that public records that are exempt or confidential and exempt
fi-om public records disclosure requirements are not disclosed except as authorized by law for the duration
of the term of this Lease and following completion of this Lease if Tenant does not transfer the records to
the Authority; and
(4) upon completion of this Lease, transfer, at no cost, to the Authority all
public records in possession of Tenant or keep and maintain public records required by the Authority to
perform the services under this Lease. If Tenant transfers all public records to the Authority upon
completion of this Lease, Tenant shall destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. If Tenant keeps and maintains public records
upon completion of this Lease, Tenant shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the Authority, upon request from the Authority's
custodian of public records, in a format that is compatible with the information technology systems of the
Authority.
-32-
Cno
IN WITNESS WHEREOF, the Parties have caused this Lease to be executed as of the Effective
Date.
WITNESSES:
Witness #1 Name:
CHAIRMAN
Witness #2 Name:
ATTEST:
Crystal K. Kinzel, Clerk of Coutts &
Comptroller
(SEAL)
Approved as to form and
legality:
Scott R. Teach
Deputy County Attorney
AUTHORITY:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SERVING AS
THE COLLIER COUNTYAIRPORT AUTHORITY
By:
Print Name: WILLIAM L. McDANIEL, JR.,
-33 -
WITNESSES:
y 1S !
PFA I
TEN T:
MARCO HANGARS, LLC
By, r
Print Name: MIRASH VA
Print Title; OWNER 1 MANAGER
Approved to
legality:
By:
arab Spec
Counsel too
and
Hangars, LLC
9
EXHIBIT "A"
[LEGAL DESCRIPTION AND SKETCH]
0
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MARCO ISLANO EXECUTIVE AIRPORT m �
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CERTIFICATE OF AUTHORIZATION LB #1772
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LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 26, TOWNSHIP 51, RANGE 26E OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 4395 PG. 1277 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN S.12'00'00"E. ALONG THE WEST LINE OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 2034 PG.
1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR A DISTANCE OF 1191.48 FEET TO THE SOUTH LINE OF SAID MARCO ISLAND
EXECUTIVE AIRPORT: THENCE LEAVING SAID LINE, CONTINUE TO RUN SAZOO'001 FOR 49.70' TO THE SOUTH LINE OF MARCO ISLAND EXECUTIVE
AIRPORT LIMITS OF DEVELOPMENT AREA AS RECORDED IN D.R. 5401 PGS. 2040-2047; THENCE ALONG THE BOUNDARY LINE OF SAID DEVELOPMENT
AREA RUN S.7FOO'00"W, FOR A DISTANCE OF 69,13 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE ALONG SAID LINE RUN S.78'00'00"W. FOR A DISTANCE OF 246,00 FEET; THENCE LEAVING SAID LINE RUN N.12'00'00"W, FOR A DISTANCE OF
478,00 FEET; THENCE RUN N,78'00'00"E. FOR A DISTANCE OF 246.00 FEET; THENCE RUN S,12'00'00"E. FOR A DISTANCE OF 478.00 FEET, TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, CONTAINING 2.69 ACRES, MORE OR LESS.
BEARINGS REFER TO THE WEST LINE OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 2034 PG. 1261 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA AS BEING S1700'00"E,II In
sec—TWN-RCE: 950 Encore Way MVFM1 Nu.
DRAWN '
zs—DAM Naples, FL. 34110 18.082
JJH6/19 HOLE MONTES Phone: (239) 2542000 SKETCH AND LEGAL DESCRIPTION
LNGMEERS PIERS SURVEYORS Florida Cerllflcate of
BEN H-1012 Authorization No.1772 NE=HANGAR
Dig to yslgne y
Jahn Heston
HOLE MONTES, INC.
: ;; :;:r;,, ON: cn�JohnHilton,
' ""'°'
CERTIFICATE OF AUTHORIZATION LB #1772
"' ° "°Ie Mantes,
ou=Survey
Department,
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BY: - P.S.M. #6278
Date: 2019.06.07
09A4:59 -n4'00'
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JOHN J. HILTON
*THIS IS NOT A SURVEY"
sec—TWN-RCE: 950 Encore Way MVFM1 Nu.
DRAWN '
zs—DAM Naples, FL. 34110 18.082
JJH6/19 HOLE MONTES Phone: (239) 2542000 SKETCH AND LEGAL DESCRIPTION
LNGMEERS PIERS SURVEYORS Florida Cerllflcate of
BEN H-1012 Authorization No.1772 NE=HANGAR
Exhibit "B"
[PROPOSED HANGAR BUILDINGS SCHEMATIC]
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Exhibit "C"
[E -VERIFY ENROLLMENT CERTIFICATION]
E -Verify Wulcome Company
MIRASH VATAJ MARCO HANGARS, LLC
R HOME CASES • PROFILE . COMPANY • REPORTS • RE50URCES
Company Information
Company Name
MARCO HANGARS, LLC
DUNS Numhnr
Physical Location
Addrass 1
346 BALD EAGLE DRIVE
Address 2
City
MARCOlSLAND
State
FL
ZiP Code
34145
County
COLLIER
Additional Information
Employer Identification Number
823255233
Administrator
Organization Designation
Employer Category
None of these categories apply
Mewl Edit
NAICS Code
531 - HEAL ESTATE
', V4ew..! Edlt
Company JO Number
1287426
Milling Address
Address 1
Addres s 2
City
State
Zip Code
Total Number of Employees
1 to 4
Total Wrbrg Sites
1
View !Edit
Doing business As [OBA] Name
MARCO HANGARS
Parent Organization
Total Paints of Contact
1
Yltew 1 Edit
E-Verifv-
Company ID Number: 1287426
THE E -VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (DHS) and the
MARCO HANGARS, LLC (Employer). The purpose of this agreement is to set forth terms and
conditions which the Employer will follow while participating in E -Verify.
E -Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of
Understanding (MOU) explains certain features of the E -Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (f=ederal contractor) to use E -Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE II
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system;
a. Notice of E -Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E -Verify, The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives' contact information changes.
3. The Employer agrees to grant E -Verify access only to current employees who need E -Verify access.
Employers must promptly terminate an employee's E -Verify access if the employer is separated from
the company or no longer needs access to E -Verify.
Page 1 of 17 E -Verify MQU for Employers I Revision Date 06/01/13
r= Ver y
i F
Company ID Number: 1287426
4. The Employer agrees to become familiar with and comply with the most recent version of the
E -Verify User Manual,
5. The Employer agrees that any Employer Representative who will create E -Verify cases will
complete the E -Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E -Verify in order to continue using E -Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E -Verify.
6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E -Verify at
888-464-4218.
b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766
(Employment Authorization Document), or U.S. Passport or Passport Card to complete Form I-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form 1-9.
7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print
the screen containing the case verification number and attach it to the employee's Form 1-9.
8. The Employer agrees that, although it participates in E -Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 2748 of the INA with respect to Form 1-9 procedures,
a. The following modified requirements are the only exceptions to an Employer's obligation to not
employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E -Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
Page 2 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
r=-Verifv ii17(1
Company Ip Number; 1287426
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E -Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E -Verify.
b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E -Verify.
9. The Employer is strictly prohibited from creating an E -Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was
completed. The Employer agrees to create an E -Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been
completed), and to complete as many steps of the E -Verify process as are necessary according to the
E -Verify User Manual. If E -Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E -Verify for pre-employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E -Verify User
Manual does not authorize.
11. The Employer must use E -Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee's E -Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending. Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article 111,13. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
Page 3 of 17 E -Verify MOU for Emptoyers I Revision Date 06/01/13
E -Verify
Company ID Number: 1287426
(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E -Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline).
14. The Employer agrees to comply with Title VI I of the Civil Rights Act of 1964 and section 274B of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E -Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
"foreign" or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration -related unfair employment practices provisions in section 274B of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VI I may also lead to the termination of its
participation in E -Verify. If the Employer has any questions relating to the anti -discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E -Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E -Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verify(u7dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when
sending a breach report to E -Verify.
17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties,
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E -Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
Page 4 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
E-Veri
fv,
`yi, a"rcMW
Company ID Number: 1287426
reasonable notice, to review Forms 1-9 and other employment records and to interview it and its
employees regarding the Employer's use of E -Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E -Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E -Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally -approved, federally -certified, or federally -recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E -Verify endorses or authorizes your E -Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E -Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer's services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E -Verify,
22. The Employer understands that if it uses E -Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E -Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E -Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E -Verify User Manual for Federal Contractors as well as the E -Verify
Supplemental Guide for Federal Contractors.
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in
FAR 22.1801). Once an employee has been verified through E -Verify by the Employer, the Employer
may not create a second case for the employee through E -Verify.
a. An Employer that is not enrolled in E -Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E -Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E -Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date. Once
enrolled in E -Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
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b. Employers enrolled in E -Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E -Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E -Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E -Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E -Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E -Verify verification of all existing employees within 180 days after the election.
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E -Verify
case for an employee assigned to a contract as long as:
L That Form 1-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee's work authorization has not expired, and
iii. The Employer has reviewed the Form 1-9 information either in person or in
communications with the employee to ensure that the employee's Section 1, Form 1-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the
previous Form 1-9 to provide the necessary information if:
i. The Employer cannot determine that Form 1-9 complies with Article II.A.6,
ii. The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form 1-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
Page 6 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
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Company
ID Number: 1287426
Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E -Verify User Manual.
g. The Employer agrees not to require a second verification using E -Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E -Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E -Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E -Verify provides the information to the Employer.
4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E -Verify may provide a final
nonconfirmation to the employer.
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E -Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
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b. Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E -Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E -Verify process.
3. DHS agrees to provide to the Employer with access to E -Verify training materials as well as an
E -Verify User Manual that contain instructions on E -Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E -Verify.
4, DHS agrees to train Employers on all important changes made to E -Verify through the use of
mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes to
E -Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E -Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of
Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer's E -Verify users a unique user identification number and
password that permits them to log in to E -Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E -Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements,
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1, If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E -Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee's E -Verify
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Company ID Number: 1287426
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee.may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E -Verify. The Employer must record the case verification number, review the employee
information submitted to E -Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee's E -Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
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Company ID Number: 1287426
employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer).
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee's documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E -Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E -Verify system enhancements by DHS or SSA, including but not limited to E -Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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Company ID Number: 1287426
B, TERMINATION
1. The Employer may terminate this MOU and its participation in E -Verify at any time upon 30 days
prior written notice to the other parties.
2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer's participation in E -Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E -Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E -Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business.
3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E -Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E -Verify participant, will remain bound by the terms of this
MOU that apply to non -Federal contractor participants, and will be required to use the E -Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E -Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E -Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E -Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E -Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
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Company ID Number: 1287426
Congressional oversight, E -Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to; (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E -Verify participant, you should only sign the Employer's Section of the
signature page. If you have any questions, contact E -Verify at 1-888-464-4218.
Page Q of 17 E -Verify MOU for Employers I Revision Date 06/01/13
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Yrn ..n
Company ID Number: 1287426
Approved by:
Employer
MARCO HANGARS, LLC
Name (Please Type or Print)
Title
MIRASH VATAJ
Owner
Signature A
Date
k4
Electronically Signed
04/05/2018
Department of Homeland Security — Verification Division
Name (Please Type or Print)
Title
Signature
Date
Electronically Signed
Page 13 of 17 E -Verify MOU for Employers i Revision Date 06/01/13
E-Verifv
Company ID Number: 1287426
Information Required for the E -Verify Program
Information relating to your Company:
Company Name
MARCO HANGARS, LLC
Company Facility Address
346 BALD EAGLE DRIVE
MARCO ISLAND, FL 34145
Company Alternate Address
County or Parish
COLLIER
Employer Identification Number
823255233
North American Industry
Classification Systems Code
531
Parent Company
Number of Employees
1 to 4
Number of Sites Verified for
1
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Company 1D Number: 1287426
Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
FLORIDA 1 site(s)
Page 15 of 17 E -Verify MOU for Employers I Revision Date 06/01/13
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Company
ID Number: 1287426
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name
MIRASH VATAJ
Phone Number
(239) 970 - 0069
Fax Number
Email Address
mvataj@yahoo.com
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Page 17 of 17 E -Verify MCU for Employers I Revision Date 06/01/13
Exhibit "D"
[CERTIFICATE OF LIABILITY INSURANCE]
ACQRO� CERTIFICATE OF LIABILITY INSURANCE
DATE (MMIDDIYYYY)
06/06/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT
NAME: MADURI
WILLIAM J. GROHS AVIATION, INC.
AC No Exl : 203-262-1552 FAX No: 203-262-1556
ADDRESS: EMAIL mmaduri@wjgrohsaviation.com
WATERBURY-OXFORD AIRPORT
INSURERS) AFFORDING COVERAGE NAIC #
TOWER BUILDING
INSURERA: QBE INSURANCE CORPORATION
OXFORD CT 06478
INSURED
INSURER B :
INSURER C:
MARCO HANGARS, LLC
INSURERO:
346 BALD EAGLE DRIVE
INSURER E
INSURER F ;
MARCO ISLAND FL 34145
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURFD NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE. POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
D
SUER
POLICYNUMBER
POLICY EFF
MMIDDIYYYY
POLICY EXP
MMIDDIYYYY
LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 2,000,000
CLAIMS -MADE � OCCUR
DAMAGE
PREM SES 6a occur RENTEante $ 100,000
A
QAV0004562
06/06/2019
06/06/2020
MED EXP {Any one person) $ 5,000
PERSONAL & ADV INJURY $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
GENERAL AGGREGATE $
POLICY ❑ JECT PRO- E]LOC
PRODUCTS - COMPIOP AGG $
ON -AIRPORT AUTO $ 2,000,000
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
Ea accident
BODILY INJURY (Per person) $
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident) $
PROPERTYDAMAGE $
Per accident
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
L
$
UMBRELLA LIAB
HCLAIMS-MADE
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS LIAR
OED RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
PER OTH-
STATUTEI ER
ANYPROPRIETORIPARTNERIEXECUTIVE❑
E.L. EACH ACCIDENT $
OFFICERIM EMBER EXCLUDED?
NIA
(Mandatory In NH)
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT I $
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addldonal Remarks Schedule, may he attached U more space is required)
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED.
CFRTIFICATF HC}i_DER CANCELLATION
COLLIER COUNTY AIRPORT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
AUTHORITY
THE WILL BE DELIVERED IN
ACCORDANRCEION W THOATE THE POLICY THEREOF, NOTICE
2005 MAINSAIL DRIVE, SUITE 1
AUTHORIZED REPRESENTATIVE
NAPLES, FL 34114
e01988-2015 ACORD CORPORATION, All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD