Backup Documents 11/09/2021 Item #16G 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1416
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print ou 1006 lr.,lxr. .;llati,iu o,,gu,ai Um 110nui. 110 cuwlcirted t uuuu{sop anti M,egiin l dutuntents arc to tie tw'ooarded to titer Mint) ,\ituruc) Otiiec
at the time the item is placed on the agenda. 11t completed ronti,w ru!,.:i''irea,!,u u,ri rt,must be recen-ed in the County .1tt411-ne Offic-m,L•u,•r
than Monday preceding the Board meetin!t.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office CAO
2. Board of County Commissioners Office BOCC C,p0J3 J2 I l I a t
3. Minutes and Records Clerk of Court's Office Qc. I ),
4. Send signed copyto Heather Meyer GMD South
g
Email: (Airport Authority)
heather.meyer@colliercountyfl.gov
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Heather Meyer/Airport Authority 239-252-5765
Contact/ Department
Agenda Date Item was November 9,2021 Agenda Item Number I6G.4
Approved by the BCC
Type of Document IMM Lease Agreement-ExecAir of Naples Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CH
Initial the Yes column or mark"N/A"in the Not Applicable c mn,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signa STAMP OK HM
2. Does the document need to be sent to another agency for additiona ' s. If yes, HM
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be HM
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's HM
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the HM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on Nov.9,2021 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the l` `N• an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16G 4
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, December 2, 2021 9:17 AM
To: MeyerHeather
Subject: Item #16G4 - Imm Lease/Agreement for Exec Air of Naples
Attachments: Heather Meyer.pdf
Hi Heather,
Here is Item #16G4 from the 9/11/21 BCC Meeting.
Thanks,
Martha Vergara
BMR&VAB Senior Deputy Clerk
*1,4
Office: 239-252-7240
Fax: 239-252-8408
E-mail: martha.vergara@CollierClerk.com
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
r�r'• t»,.;,, , 3299 Tamiami Trail E, Suite #401
Naples, FL 34112
www.CollierClerk.com
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COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE
This Collier County Airport Authority Standard Form Lease, hereinafter referred to as
"Lease," is entered into thisQ ' day of )ejAkir , 2021, by and between EXEC AIR
INC.OF NAPLES DBA ExecAir,a Florida corporation,whose mailing address is 2005 Mainsail
Drive, Suite 102, Naples, Florida 34114, hereinafter referred to as `Lessee,' and the COLLIER
COUNTY AIRPORT AUTHORITY, with administrative offices located at 2005 Mainsail
Drive, Naples, Florida 34114, hereinafter referred to as "Authority," collectively stated as the
`Parties.'
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein,the Parties hereby enter into this Lease on the following terms and conditions:
1. Conveyance. On the terms and conditions set forth in this Lease, and in
consideration of Lessee's performance under this Lease, the Authority leases to the Lessee the
present possessory interest in the Premises described below.
2. Description of Premises. The Leased Premises, which is the subject of this Lease,
is an office, located at the Marco Island Executive Airport, 2005 Mainsail Drive,Naples, Florida,
having approximately 111 square feet, as shown in Exhibit "A," hereinafter referred to as the
"Premises."
3. Conditions to Conveyance. Lessee warrants and represents to Authority that it has
examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all
of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now
recorded against the Premises;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. Lessee's satisfactory performance of all terms and conditions of this Lease.
4. Use of Premises. Lessee shall utilize the Premises solely for administrative and
customer service purposes related to commercial aeronautical services to the public,including,but
not limited to, Part 135 air carrier/charter operations, air taxi, and sightseeing, Lessee may also
have use of the Authority's Community Multipurpose Room, which Lessee may utilize for
classroom instruction, meetings and other business-related group activities, scheduled with
Authority staff as needed on a prior reservation and availability basis. The use of terminal's
common areas and restroom facilities are available to Lessee in the same manner as the general
public and under the same terms and conditions as allowed to the general public and only during
normal operating hours of the terminal building. Authority shall have the right to terminate this
Lease should Lessee utilize the Premises in any manner inconsistent with the approved use. In the
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event Lessee shall cease to use the Premises for the purposes described herein, and such cessation
of use shall continue for a period of sixty(60)days,this Lease,at the option of the Authority, upon
thirty (30) days written notice to the Lessee, shall be terminated and Lessee shall surrender and
vacate the Premises to the Authority within thirty (30) days after notice of such termination.
Provided, however, said sixty (60) day period shall be tolled if such cessation is caused by events
beyond the control of the Lessee such as acts of God or if such cessation is due to closing for
reconstruction or repairs to the building constructed by Lessee on the Leased Premises. Lessee
shall not use or allow anyone to use the Premises for residential purposes or as a public meeting
place or facility of any kind. Lessee shall not store any vehicles, equipment or aircraft on or near
the Premises. Lessee shall be allowed to park in the parking area adjacent to the Premises.
5. Permissible Alterations and Additions to Premises. Lessee may not make any
alterations or additions,including but not limited to signagc,painting or otherwise,to the Premises
without obtaining Authority's prior written consent,which consent may be withheld in Authority's
sole discretion. Lessee shall submit to Authority plans and specifications for all alterations and
additions at the time Authority's consent is sought.
6. Term of Lease. The term of this Lease shall commence on November 10th, 2021
and shall continue for a period of sixty (60) months. Either party may terminate for any reason
with 60 days prior written to the other party.
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum
of$277.50 monthly (the 'Base Rental'), plus applicable sales tax, currently 7% or $19.43, for a
monthly total payment of$296.93, which shall be due and payable in advance by the first day of
every calendar month during the term hereof. If the terms of this Lease shall commence on a day
other than the first day of the month, Lessee shall pay rental equal to one thirtieth (I/30th) of the
monthly rental multiplied by the number of rental days of such fractional month. The lease rental
rate shall at no time be less than the Base Rental. The Authority and Lessee, however, agree and
stipulate that the lease rental rate shall be unilaterally increased by the Authority, annually in
accordance with the Authority's lease rental rate adjustment program. Currently the adjustment
program is based on changes in the United States Department of Labor, Bureau of Labor Statistics,
Consumer Price Index (the Index for U.S. City Average for Urban consumers). All rents and fees
shall be made payable to the Collier County Airport Authority, and mailed by first class letter,
postage prepaid, or personally delivered, to the Administrative Offices at 2005 Mainsail Drive,
Suite 1, Naples, Florida 34114, or such other address as the Airport Manager may designate in
writing.
In addition to rent, Lessee will pay an annual Commercial Operating Fee, currently $200,
which may be adjusted from time to time,per the approved Rates & charges.
8. Net Lease. This is a double net lease,with Lessee responsible for insurance,taxes,
janitorial,basic maintenance and any other fees/services the Lessee may require within the Leased
area. Authority shall be responsible for utility charges, including water, sewer and electricity,
along with maintenance of common-use areas. Lessee will indemnify and hold Authority harmless
from any and all claims,costs and obligations arising from Lessee's use of the Premises. In case
any action or proceeding is brought against Authority by reason of Lessee's use of the Premises,
Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall
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defend such action or proceeding if Authority shall so request, at Lessee's expense, by counsel
reasonably satisfactory to Authority. It is specifically agreed however, that Authority may at its
own cost and expense, participate in the legal defense of such claim, with legal counsel of its
choosing.
9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises
and shall promptly remove any and all liens placed against the Premises. All persons to whom
these presents may come are put upon notice of the fact that the interest of the Authority in the
Premises shall not be subject to liens for improvements made by the Lessee and liens for
improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien
on the interest of the Authority in the Premises or any part of either. This notice is given pursuant
to the provisions of and in compliance with Section 713.10, Florida Statutes.
10. Lessee's Obligation to Maintain Premises and Comply with All Lawful
Requirements. Lessee,throughout the term of this Lease,at its own cost,and without any expense
to the Authority, shall keep and maintain the Premises in good, sanitary and neat order, condition
and repair, and shall abide with all lawful requirements. If the Premises are not in such compliance
in the reasonable opinion of Authority, Lessee will be so advised in writing, If corrective action
is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until
corrective action is completed, Authority may cause the same to be corrected and Lessee shall
promptly reimburse Authority for the expenses incurred by Authority, together with a 5%
administrative fee.
1 1. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has
not defaulted on any of the terms of this Lease. Accordingly,Lessee shall have the exclusive right
to use the Premises during the term of this Lease. During the term of this Lease, Lessee may erect
appropriate signage on the Premises and the improvements constructed by Lessee thereon. Any
such signage shall be in compliance with all applicable codes and ordinances and approved by the
Authority; Authority's consent will not be unreasonably withheld.
12. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by Lessee and
Authority, by fire or other casualty, Lessee must use the insurance proceeds,
hereinafter referred to as "Proceeds," to rebuild or restore the Premises to
substantially its condition prior to such casualty event unless the Authority
provides the Lessee with a written determination that rebuilding or restoring the
Premises to such a condition with the Proceeds within a reasonable period of
time is impracticable or would not be in the best interests of the Authority, in
which event,Proceeds shall be promptly remitted to Authority. If the Authority
elects not to repair or replace the improvements,then Lessee or Authority may
terminate this Lease by providing notice to the other party within ninety (90)
days after the occurrence of such casualty. The termination will be effective on
the ninetieth (90th) day after such fire or other casualty, unless extended by
mutual written agreement of the Parties. During the period between the date of
such casualty and the date of termination, Lessee will cease its operations as
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may be necessary or appropriate. If this Lease is not terminated as set forth
herein, or if the Premises is damaged to a less than material extent, as
reasonably determined by Lessee and Authority, Lessee will proceed with
reasonable diligence, at no cost or expense to Authority, to rebuild and repair
the Premises to substantially the condition as existed prior to the casualty.
b. Condemnation. Authority may terminate this Lease by written notice as part of
a condemnation project. Authority will use its best efforts to mitigate any
damage caused to Lessee as a result of such termination; however, in no event
will Authority be liable to Lessee for any compensation as a result of such
termination.
13. Access to Premises. Authority, its duly authorized agents, contractors,
representatives and employees,shall have the right,after reasonable oral notice to Lessee,to enter
into and upon the Premises during normal business hours, or such other times with the consent of
Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any
required repairs not being timely completed by Lessee.
14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, no
later than the final day of the lease term, Lessee shall redeliver possession of the Premises to
Authority in good condition and repair. Lessee shall have the right at any time during Lessee's
occupancy of the Premises to remove any of its personal property,equipment,and signs.However,
at the termination of this Lease, Authority shall have the option of either requiring Lessee to
demolish and remove all improvements made by Lessee to the Premises upon Lessee's vacation
thereof, or to require Lessee to retain said improvements with fixtures on the Premises which
improvements and fixtures will become the property of the Authority upon Lessee's vacation of
the Premises.
15. Assignment. This Lease is personal to Lessee. Accordingly,Lessee may not assign
this Lease or sublet any portion of the Premises by Lessee without the express prior written consent
of the Authority, which consent may be withheld in Authority's sole discretion. Any purported
assignment or sublet without the express written consent of Authority shall be considered void
from its inception and shall be grounds for the immediate termination of this Lease. Authority
may freely assign this Lease upon written notice to Lessee.
16. Insurance. The Lessee shall provide all insurance deemed appropriate by the
Authority, as determined by the Collier County Risk Management Department, as set forth on the
attached Exhibit"B". Failure to continuously abide with all the required insurance provisions shall
be deemed to be a material breach of'this Lease and Authority shall have the remedies set forth
below.
17. Defaults and Remedies.
a. Defaults by Lessee. The occurrence of any of the following events and the
expiration of the applicable cure period set forth below without such event
being cured or remedied will constitute a "Default by Lessee" to the greatest
extent then allowed by law:
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i. Abandonment of Premises or discontinuation of Lessee's operation.
ii. Lessee's material misrepresentation of any matter related to this Lease.
iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy.
iv. Adjudication as bankrupt.
v. Making of a general assignment of the benefit of creditors,
vi. If Lessee suffers this Lease to be taken under any writ of execution and/or
other process of law or equity,
vii. Lessee's failure to utilize the Premises as set forth in this Lease.
viii. Any lien is filed against the Premises or Lessee's interest therein or any
part thereof in violation of this Lease,or otherwise, and the same remains
unreleased for a period of sixty (60) days from the date of filing unless
within such period Lessee is contesting in good faith the validity of such
lien and such lien is appropriately bonded.
ix. Failure of Lessee to perform or comply with any material covenant or
condition made under this Lease, which failure is not cured within ninety
(90) days from receipt of Authority's written notice stating the non-
compliance shall constitute a default (other than those covenants for
which a different cure period is provided), whereby Authority may, at its
option, terminate this Lease by giving Lessee thirty (30) days written
notice unless the default is fully cured within that thirty (30) day notice •
period (or such additional time as is agreed to in writing by Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth above shall constitute a material
breach and default by Lessee, and this Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b. Remedies of Authority.
i. In the event of the occurrence of any of the foregoing defaults, Authority,
in addition to any other rights and remedies it may have, shall have the
immediate right to re-enter and remove all individuals, entities and/or
property from the Premises. Such property may be removed and stored in
a public warehouse or elsewhere at the cost of and for the account of Lessee,
all without service of notice or resort to legal process and without being
deemed guilty of trespass or being liable for any loss or damage which may
be occasioned thereby. If Lessee does not cure the defaults in the time
frames as set forth above, and Authority has removed and stored property,
Authority shall not be required to store for more than thirty(30)days. After
such time, such property shall be deemed abandoned and Authority shall
dispose of such property in any manner it so chooses and shall not be liable
to Lessee for such disposal.
ii. If Lessee 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 Lessee shall pay
Authority a late payment charge equal to five percent (5%) of each such
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payment not paid promptly and in full when due. Any amounts not paid
promptly when due shall also accrue compounded interest of two (2%)
percent per month or the highest interest rate then allowed by Florida law,
whichever is higher("Default Rate"), which interest shall be promptly paid
by Lessee to Authority.
iii. Authority may sue for direct, actual damages arising out of such default of
Lessee or apply for injunctive relief as may appear necessary or desirable
to enforce the performance and observance of any obligation, agreement or
covenant of Lessee under this Lease, or otherwise. Authority shall be
entitled to reasonable attorneys' fees and costs incurred arising out of
Lessee's default under this Lease.
c. Default by Authority. Authority shall in no event be charged with default in
the performance of any of its obligations hereunder unless and until Authority
shall have failed to perform such obligations within thirty (30) days (or such
additional time as is reasonably required to correct such default) after written
notice to Authority by Lessee properly and in meaningful detail specifying
wherein, in Lessee's judgment or opinion, Authority has failed to perform any
such obligation(s).
d. Remedies of Lessee. In partial consideration for the nominal rent charged to
Lessee, Lessee hereby waives any claim it may have to direct or indirect
monetary damages it incurs as a result of Authority's breach of this Lease, and
also waives any claim it might have to attorneys' fees and costs arising out of
Authority's breach of this Lease. Lessee's remedies for Authority's default
under this Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Authority under this Lease.
ii. Lessee may cure any default of Authority and pay all sums or do all
reasonably necessary work and incur all reasonable costs on behalf of and
at the expense of Authority. Authority will pay Lessee on demand all
reasonable costs incurred and any amounts so paid by Lessee on behalf of
Authority,with no interest.
e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either
party is intended to be exclusive of any other available remedy or remedies, but
each and every such remedy will be cumulative and in addition to every other
remedy given under this Lease or hereafter existing under law or in equity. No
delay or omission to exercise any right or power accruing upon any event of
default will impair any such right or power nor be construed to be waived, but
any such right and power maybe exercised from time to time and as often as
may be deemed expedient.
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f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a
material inducement and consideration for the execution of this Lease by Lessee
and Authority. No waiver by Lessee or Authority of any breach of any
provision of this Lease will be deemed for any purpose to be a waiver of any
breach of any other provision hereof or of any continuing or subsequent breach
of the same provision, irrespective of the length of time that the respective
breach may have continued.
18. Lease Policy. Lessee shall be provided with the Authority's Lease Policy, which
the Authority may amend from time to time. The terms:of this policy shall be deemed to be
incorporated by reference into this Agreement, and Lessee shall be bound by the terms of this
Lease Policy, as of the 1s`day of the second month Lessee receives a copy of the Lease Policy or
an amended Lease Policy. With respect to any terms in this Lease Agreement which are in conflict
with the Lease Policy,the Lease Policy shall control.
19. Rules and Regulations. Lessee shall comply with the Authority's published Rules and
Regulations for this airport, which are on file at the address set forth above, as such regulations may
be amended from time to time by the Authority including such reasonable and uniform landing fees,
rates or charges,as may from time to time be levied for airfield operational privileges and/or services
provided at the Airport. Lessee shall also comply with any and all applicable governmental statutes,
rules,orders and regulations.
Miscellaneous Legal Matters
20. This Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then-
, current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure,
either party may file an action in the Circuit Court of Collier County to enforce the terms of this
Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
21. This Lease contains the entire agreement of the Parties with respect to the matters
covered by this Lease and no other agreement, statement or promise made any party, or to any
employee, officer or agent of any party, which is not contained in this Lease shall be binding or
valid. Time is of the essence in the doing, performance and observation of each and every term,
covenant and condition of this Lease by the Parties.
22. In the event State or Federal laws are enacted after the execution of this Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms of
this Lease, then in such event this Lease shall be modified or revoked as is necessary to comply
with such laws, in a manner which best reflects the intent of this Lease.
23. Except as otherwise provided herein, this Lease shall only be amended by mutual
written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be
given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight
delivery or by regular mail. If given by regular mail,the notice shall be deemed to have been given
within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For
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the purpose of calculating time limits which run from the giving of a particular notice the time
shall be calculated from actual receipt of the notice. Notices shall be addressed as follows:
If to Authority: Executive Airports Manager
Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
If to Lessee: Exec Air Inc. of Naples DBA ExecAir
CIO John Swasey
2005 Mainsail Drive, Suite 102
Naples, Florida 34114
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
24. Lessee is an independent contractor and is not any agent or representative or
employee of Authority. During the term of this Lease,neither Lessee,nor anyone acting on behalf
of Lessee, shall hold itself out as an employee, servant, representative or agent of Authority.
Neither party will have the right or authority to bind the other party without express written
authorization of such other party to any obligation to any third party. No third party is intended
by the Parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against
either party hereto or otherwise. Nothing contained in this Lease will constitute the Parties as
partners or joint ventures for any purpose, it being the express intention of the Parties that no such
partnership or joint venture exists or will exist. Lessee acknowledges that Authority is not
providing any vacation time, sick pay, or other welfare or retirement benefits normally associated
with an employee-employer relationship and that Authority excludes Lessee and its employees
from participation in all health and welfare benefit plans including vacation, sick leave,severance,
life, accident, health and disability insurance, deferred compensation, retirement and grievance
rights or privileges.
25. Neither party to this Lease will be liable for any delay in the performance of any
obligation under this Lease,or of any inability to perform an obligation under this Lease, if and to
the extent that such delay in performance or inability to perform is caused by an event or
circumstance beyond the reasonable control of and without the fault or negligence of the party
claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or
undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action,
economic sanction or embargo,civil strike,work stoppage,slow-down or lock-out,explosion,fire,
earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the
binding order of any governmental authority.
26. Lessee will not transport, use, store, maintain, generate, manufacture, handle,
dispose, release or discharge any Hazardous Materials upon or about the Premises, nor permit
employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material
men and/or suppliers to engage in such activities upon or about the Leased Premises.
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27. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made
aware of the following: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed federal and state guidelines have been found
in buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your County Public Health Department.
28. Airport Development. The Authority reserves the right to further develop or improve
the buildings, the landing and other areas of the Airport as it sees fit, regardless of the convenience,
desires or view of the Lessee, and without interference or hindrance.
29. Airport Operations, Lessee shall prevent any use of the Premises which would
interfere with or adversely affect the operation or maintenance of the Airport,or otherwise constitute
an airport hazard, and will restrict the height of structures; objects of natural growth and other
obstructions on the Premises to such height as to comply with Federal Aviation Regulations,Part 77.
30. Nondiscrimination Clause. The Lessee for himself, his personal representatives,
successors in interest,and assigns,as part of the consideration hereof,does hereby covenant and agree
that (1)no person on the grounds of race,color, or national origin shall be excluded in participating
in, denied the benefits of,or be otherwise subjected to discrimination in the use of the Premises; (2)
that in the construction of any improvements on,over or under such land and the furnishing of services
thereon,no person on the grounds of race,color or national origin shall be excluded from participating
in, denied the benefits of, or otherwise subjected to discrimination; (3) that the Lessee shall use the
Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally assisted programs of the Department of Transportation-Effectuation
of Title VI of the Civil Rights Act of 1964, as said regulations may be amended. That in the event
of breach of any of the above nondiscrimination covenants,Authority shall have the right to terminate
this Lease and to re-enter into another lease as if this Lease had never been made or issued. The
provision shall not be effective until the procedures of Title 49,Code of Federal Regulations,Part 21,
are followed and completed, including exercise or expiration of appeal rights.
31. Dominant Agreements and Property Rights Reserved. This Lease is subordinate and subject
to all existing agreements between the Authority and the Federal Aviation Administration(FAA),
the Authority and the State of Florida, and the Authority and Collier County. Accordingly, the
Authority reserves the right to immediately terminate any lease that the FAA has found to interfere
with the safe operation and maintenance of the airport, or otherwise contlict with regulations
governing public-use airports. Furthermore,and during the time of war or national emergency,the
Authority shall have the right to lease the landing area or any part thereof to the United States
Government for military or naval or similar use, and, if such lease is executed, the provisions of
this Lease insofar as they are inconsistent with the provisions of the lease to the Government,shall
be suspended
During the time of war or national emergency, the Authority shall have the right to lease the
landing area or any part thereof to the United States Government for military or naval or similar use,
and, if such lease is executed, the provisions of this Lease insofar as they are inconsistent with the
provisions of the lease to the Government,shall be suspended.
Page 9 of 11
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32. Lessee shall execute this Lease prior to it being submitted for approval by the
Collier County Airport Authority. This Lease may be recorded by the County in the Official
Records of Collier County, Florida, within fourteen (14) days after the County enters into this
Lease, at Lessor's sole cost and expense.
33. Lessee is required to comply with County Ordinance 2004-52, as amended.
Background checks are valid for five(5)years and the Lessee shall be responsible for all associated
costs. If required, Lessee shall be responsible for the costs of providing background checks by the
Collier County Facilities Management Division for all employees that shall provide services under
this Agreement. This may include, but not be limited to, checking federal, state and local law
enforcement records, including a state and FBI fingerprint check, credit reports, education,
residence and employment verifications and other related records. Lessee shall be required to
maintain records on each employee and make them available to the County for at least four (4)
years. All of Lessee's employees must wear Collier County Government Identification badges at
all times while performing services on County facilities and properties. Lessee ID badges are valid
for one (1) year from the date of issuance and can be renewed each year at no cost to the Lessee
during the time period in which their background check is valid, as discussed below. All
technicians shall have on their shirts the name of the Lessee's business.
The Lessee shall immediately notify the Collier County Facilities Management Division via e-
mail(DL-FMOPS@colliergov.net)whenever an employee separates from their employment.This
notification is critical to ensure the continued security of Collier County facilities and systems.
Failure to notify within four(4)hours of separation may result in a deduction of$500 per incident.
Page l0 of 11
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16G 4
IN WITNESS WHEREOF, the Lessee and Authority have hereto executed this Lease the
day and year first above written,
AS TO THE LESSEE: Exec Air Inc. of Naples DBA ExecAir
1 tV -&t ( B „.---__'".__
Y
itness (signature) J� HN ASE resident
�A — f /
(print name)
Q-4\ia),At(^-
Witness (signature)
R.00 LA.4w (JGL,ci{,
(print name)
AS TO THE AUTHORITY:
Attest:
BOARD OF COUNTY COMMISSIONERS of
COLLIER C UNTY,FLORIDA, serving as the
CRYSTAL K. KINZEL Clerk COLLIER O Y AIRPORT THORITY
By: -1 Vill 4r.1►�%% By:
Attes ,..;D:. CI Ilk" PE ' Y TAYL , Chairman
signature only.
Approved as to form and -:ality:
------- --0J- — cp r 0
Jennt er A. Belpedio C ' ��
Assistant County Attor `�
\.O
Page 11 of 11
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Exhibit B Insurance and Bonding Requirements-Airport Facility Leases
® Aviation Tenant ❑ Non-Aviation Tenant
Insurance/Bond Type Required Limits
1. ®Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
2. ❑Employer's Liability $ single limit per occurrence
3. ®Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability
4. ®Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify
and hold harmless Collier County, Its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Lessee or anyone
employed or utilized by the Lessee in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph.This section does not
pertain to any incident arising from the sole negligence of Collier County.
4. ❑Automobile Liability $ Each Occurrence;Bodily Injury&Property Damage,
Owned/Non-owned/Hired;Automobile Included
5. ® Other insurance as ❑Airport Liability Insurance $ Per Occurrence
noted: bodily injury and property damage
❑ Hangarkeepers Liability $ Per Occurrence per
aircraft Including premise liability
®Aircraft Liability Insurance $1,000,000 Per Occurrence bodily
injury and property damage
❑Pollution Liability Insurance $ Per Occurrence
bodily injury and property damage
®Property Insurance—Replacement Cost-All Risks of Loss
6. ® Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to
meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance
provisions.
7. ® Collier County must be named as"ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required
8. ® The Certificate Holder shall be named as Collier County Board of County Commissioners,OR,Board of
County Commissioners In Collier County,OR Collier County Government,OR Collier County.The Certificates of
Insurance must state the name of the Lease and location of the leased property.
9. ® Thirty(30)Days Cancellation Notice required.
Company Name Page 1
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16G 4
Lessee's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five(5)days of the award of this Lease agreement,
Name of Firm Date
Lessee Signature
Print Name
Insurance Agency
Agent Name Telephone Number
Company Name Page 2
0
1 +6G 4
POLICY NO.: NAC6041363 ATTACHED TO CERTIFICATE# 2
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY TO:
Collier County Board of Commissioners & Collier County Airport Authority
165 Airpark Boulevard
Immokalee FL 34142
THAT THE FOLLOWING POLICY OF INSURANCE HAS BEEN ISSUED TO:
Exec. Air, Inc. of Naples and John Swasey and Marcia Swasey
160 13th Street N.W.
Naples, FL 34120
POLICY NUMBER: NAC6041363
POLICY PERIOD: From July 1, 2021 To July 1, 2022
INSURANCE COMPANY: Endurance Assurance Corporation
DESCRIPTION OF COVERAGES AND LIMITS OF LIABILITY: Please refer to attached schedule which
is incorporated as a part hereof.
The above Certificate Holder is included as an Additional Insured but only to the extent of liability imposed
upon the Additional Insured solely as the result of an act or omission of the Named Insured or its
employees in connection with the Named Insured's Operations.
Subject to Date Change Recognition Endorsement.
Data included in this Certificate valid as of July 1, 2021.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate of Insurance may be
issued or may pertain, the insurance afforded by the policy described herein is subject to all the
terms, exclusions and conditions of such policies.
Should the described policy be cancelled before the expiration date hereof, the issuing company will
endeavor to give 30 days (10 days for non-payment)notice to the certificate holder named herein.
However, failure to mail such notice shall not impose any obligation nor any liability of any kind upon the
Company, its representatives or agents.
By: 4P4"/ l�14'"- Date of Issue: July 12, 2021
W. Brown &Associates Insurance Services Certificate No.: 2
Certificate# 2 Page 1 of 2
16G 4
POLICY NO.: NAC6041363 ATTACHED TO CERTIFICATE # 2
SCHEDULE OF AIRCRAFT
DESCRIPTION OF AIRCRAFT
No. FAA Cert# Serial# Year/Make/Model Insured Value
1 N1596U 20700196 1972 Cessna 207 $200,000
2 N429LD E-4084 2016 Beechcraft G36 Bonanza $810,000
3 N6298A 33098 1956 Cessna 182 Skylane $40,000
PHYSICAL DAMAGE COVERAGE
Deductibles
No. Not In Motion In Motion Physical Damage Coverage
1 $2,500 $2,500 F. All Risk Basis
2 $5,000 $5,000 F. All Risk Basis
3 $2,500 $2,500 F. All Risk Basis
AIRCRAFT LIABILITY COVERAGES
Single Limit Bodily Injury Passenger Passenger Liability Limited To
No. & Property Damage Liability Each Person Each Occurrence
1 $2,000,000 Included $300,000 $2,000,000
2 $2,000,000 Included $300,000 $1,800,000
3 $2,000,000 Included $300,000 $1,200,000
MEDICAL EXPENSES
No. Including Crew Each Person Each Occurrence
1 Yes $1,000 $7,000
2 Yes $1,000 $6,000
3 Yes $1,000 $4,000
Certificate# 2 Page 2 of 2
i6G 4
POLICY NO.: NAF6041367 ATTACHED TO CERTIFICATE# 2
CERTIFICATE OF INSURANCE
THIS IS TO CERTIFY TO:
Collier County Board of Commissioners & Collier County Airport Authority
165 Airpark Boulevard
Immokalee„ FL 34142
THAT THE FOLLOWING POLICY OF INSURANCE HAS BEEN ISSUED TO:
Exec. Air of Naples, Inc., John Swasey and Marcia Swasey
160 13th Street N.W.
Naples, FL 34120
POLICY NUMBER: NAF6041367
POLICY PERIOD: From July 1, 2021 To July 1, 2022
INSURANCE COMPANY: Endurance Assurance Corporation
DESCRIPTION OF COVERAGES AND LIMITS OF LIABILITY: Please refer to attached schedule which
is incorporated as a part hereof.
As respects the above certificate holder:
SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization,
but only with respect to liability arising out of the Named Insured's aviation operations.
Subject to Date Change Recognition Endorsement.
Data included in this Certificate valid as of July 1, 2021.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the
coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition
of any contract or other document with respect to which this certificate of insurance may be
issued or may pertain, the insurance afforded by the policy described herein is subject to all the
terms, exclusions and conditions of such policies.
Should the described policy be cancelled before the expiration date hereof, the issuing company will
endeavor to give 30 days (10 days for non-payment) notice to the certificate holder named herein.
However, failure to mail such notice shall not impose any obligation nor any liability of any kind upon the
Company, its representatives or agents.
By: 16 la° Date of Issue: July 12, 2021
W. Brown & Associates Insurance Services Certificate No.: 2
Certificate# 2 Page 1 of 2
i 6G 4
POLICY NO.: NAF6041367 ATTACHED TO CERTIFICATE# 2
SCHEDULE OF LOCATIONS
Location of Aviation premises owned, rented to or occupied by the Named Insured:
572 Terminal Drive, Naples, FL, 34104
Type of Coverage:
LIMITS OF LIABILITY
General Aggregate Limit(Other than Products-Completed
Operations and Hangarkeepers') $2,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit(Any One Fire) $50,000
Medical Expense Limit(Any One Person) $1,000
Each Occurrence $5,000
Property Damage Deductible(s): $2,500 per claim/$10,000 as respects jet and turbine-powered aircraft
Certificate# 2 Page 2 of 2