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Backup Document 06/28/2022 Item #16G 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 G 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **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 - /k///3 4/14/ZZ 2. Board of County Commissioners Office BOCC VM h 43 pi 4/20 -I 3. Minutes and Records Clerk of Court's Office /NJ) tokilMa 4. Send signed copy to Heather Meyer 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 June 28,2022 `i Agenda Item Number 16G.2 Approved by the BCC Type of Document Matecumbe Flying Land Lease 7 Number of Original l Attached Documents Attached PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK HM 2. Does the document need to be sent to another agency for additional signatures? 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 fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip HM 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 June 28,2022 and all changes made N/A is not during the meeting have been incorporated in the attached document. The County .5 iv 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 SA�fey 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 G COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LONG-TERM GROUND LEASE MATECUMI3E FLYING SERVICE INC. This Collier County Airport Authority Standard Form Lease, hereinafter referred to as 'Lease,' is entered into this 30th day of June, 2022, by and between Matecumbe Flying Service Inc , Corporation duly organized under the laws of Florida, whose mailing address is 165 Airpark Blvd, Immokalee, Florida 34142. 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 conveys to the Lessee the present possessory interest in the Premises described below. 2. Description of Premises. The leased area, which is the subject of this Lease. is approximately 114,563 square feet. located at the Immokalee Regional Airport, in Collier County. Florida, 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 to provide airframe and powerplant maintenance. repair. and overhaul services for, light sport aircraft, general aviation aircraft, corporate aviation aircraft. and agricultural aircraft. No sub-Lessee shall be allowed to use any part of the Premises for any use that is not expressly specified above. The above uses shall include the handling and application of non- restricted agricultural related products without the express written consent of the Authority. Handling and application of restricted use agricultural products will require express written consent of the Authority. Authority shall have the right to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with the approved use. In the event Lessee shall cease to use the Premises for the purposes described herein, and such cessation of use shall continue for a period of sixty Page 1 of 12 1 G 2 (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. 5. Permissible Alterations and Additions to Premises. Lessee is expressly authorized to renovate and preserve the existing 100'x100' aircraft hangar pursuant to the requirements and recommendations outlined within Exhibit "C-. All renovations must be complete within twenty- four(24) months of this Lease. During the term of this agreement. Lessee shall have the option to design, permit and construct an additional aircraft box hangar in compliance with all governmental regulations, at its sole cost and expense. The plans specifications and building design for the Lessee's improvements to be constructed on the Premises are subject to reasonable approval by the Authority. a. Prior to applying for any building permit for improvements to the Premises, Lessee shall submit to Authority for its approval such plans and specifications necessary to obtain a building permit for Lessee's intended improvements. b. Authority shall have thirty (30) days after receipt of any submittal by Lessee to review Lessee's submittals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted, or Authority may provide Lessee with requested changes. If the submittal is not approved or if Authority requests changes. Lessee shall submit revised plans that will meet with Authority's approval or incorporate the requested changes into the plans. If Lessee determines not to revise its plans. then Lessee may terminate this Ground Lease. Lessee may make nonmaterial changes to the approved plans from time to time to accommodate site issues or operating changes to Lessee's use of the Leased Land. Material changes from the approved plans will require Authority's written approval, which approval shall not be unreasonably withheld. All plans shall be in conformity with Collier County standards. c. Upon commencement of construction, Lessee shall diligently pursue said construction to completion and complete said construction on or before twenty-four (24) months from commencement, subject to delays beyond the control of the Lessee. Lessee shall be solely responsible for the costs of repairing any damage to Authority's roads. water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee, its agents, officers or employees. Lessee must demonstrate to Authority that it has sufficient funds necessary to complete any proposed project, and Authority may require. as part of its approval, the posting of a construction bond or like security to assure completion of the proposed project. Upon completion of any improvements, Lessee shall provide Authority with"as-built- plans and an -as built- survey certified to the Authority. Page 2 of 12 0 I. G 6. Term of Lease. The term of this Ground Lease shall commence on the date first above written, and unless terminated earlier by the Parties, shall terminate on the 40th year anniversary date of this Ground Lease. There is no option to renew and title to the Building(s) shall vest. in the Authority on the 40th year anniversary date of this Ground Lease, If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Ground Lease with the exception of rent subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises as a holdover. Any holding over by Lessee after the expiration or sooner termination of this Lease shall be treated as a daily tenancy at sufferance at a rate equal to one and one half(1,5)times the rent and other charges herein provided (prorated on a daily basis). 7. Rent. The Lessee 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 114,563 square feet. The lease rental rate to be paid by Lessee for the Premises shall be $12,579.02 annually (the"Base Rental" at $ .1098 per square foot), which shall be paid in equal monthly installments of$1.048.25, plus applicable sales tax, currently 7% or $73.38, for a monthly total payment of$1,121.63 (the "Rent") and shall be due and payable by the first day of every calendar month during the term. Late fees will be assessed for past due payments per the approved Rates & Charges. lithe 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 (1/3011) 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 may 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 he 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 fully net lease, with Lessee responsible for one hundred percent (100%) all costs, fees and charges concerning the Premises. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, and obligations of any kind that relate to the Premises. 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 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. Page 3 of 12 cjt'0 I G 2 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 arc 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. Such maintenance and repair shall include, but not be limited to, interior painting, janitorial, fixtures and appurtenances (lighting, heating. plumbing, and air conditioning, drying oven, compressor and other components/systems to the extent exclusively servicing the Leased Premises). Such repair may also include interior structural repair, if deemed necessary by the Lessee. 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 he 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 he in the best interests of the Authority, in which event. Proceeds shall be promptly remitted to Authority, lithe 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 may be necessary or appropriate. 1 this Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material extent. as Page 4 of 12 0 1 6 G 2 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. h. 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 he 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, within thirty (30) days after termination of the lease term. Lessee shall redeliver possession of the Premises to Authority in good condition and repair with reasonable wear and tear accepted. 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 Lessee shall be entitled to compensation for the fair market value of the improvements, as determined by the Authority or its representative. If a portion of the Leased Premises is so taken or sold, and as a result thereof. the remaining part cannot reasonably be used to continue the authorized uses set for in Section 9 of this Lease, this Lease shall terminate at Lessee's election and Lessee'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 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. a Notice to the Authority: Should the Lessee intend to assign this Lease, sublet the Premises or a portion thereof, sell or encumber its interest in the Lease, the Premises, or in any improvements thereon, or allow any other persons or entities (except Lessee's authorized representatives) to occupy or use all or any part of the Premises, it shall first provide sixty (60) days written request for consent for such alienation to the Authority prior to the date intended for the assignment of the Lease, sublease, sale, use or encumbrance. Consent by the Authority with respect thereto shall not unreasonably be withheld, provided, however, that adequate security deposits and guarantees of the obligations under the Lease, as deemed appropriate in the sole and absolute discretion of the Authority,are executed and delivered. Further. the Authority may condition its consent upon an increase in the Lease rental rate and may require other conditions or covenants before consenting to an assignment or sublease. Any assignment, sublease,sale, or encumbrance by Lessee is voidable and, Page 5 of 12 &C) I G 2 at the Authority's election, constitutes a default of this Lease if not accomplished in accordance with this Section. Further,the consent to an assignment, sublease, sale or encumbrance does not constitute a further waiver of the provisions under this Lease. b. Grant of Right of First Refusal to the Authority: Notwithstanding the foregoing, in the event Lessee intends to assign this Lease, sublet the Premises or a. portion thereof, sell or encumber its interest in this Lease, the Premises or in any improvements thereon. Lessee shall first offer to assign, sublet, sell or encumber such interest to the Authority under the same terms and conditions offered to the proposed assignee, purchaser, subLessee or mortgagee, in writing, ninety (90) days prior to the date intended for any such assignment of the Lease, sublease, sale or encumbrance. The Authority shall have sixty (60) days within which to exercise its right of first refusal, in writing, or it shall be deemed to have been waived by the Authority. 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 13'. 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: 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 Page 6 of 12 I 6 G 2 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 fbr 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, the Lessee shall pay Authority a late payment charge pursuant to the Authority's published rates and charges, 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: Page 7 of 12 I G 2 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 the Authority 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. 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 Manual. Lessee shall be provided with the Authority's Lease Manual (if' any),which the Authority may amend from time to time. The terms of this manual shall be deemed to be incorporated by reference into this Agreement, and Lessee shall be bound by the terms of this Lease Manual, as of the 1 day of the second month Lessee receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in this Lease Agreement which are in conflict with the Lease Manual, the Lease Manual shall control. 19. Rules and Regulations. Lessee shall comply with the Authority's published Rules and Regulations for this airport, which are on file at the address set forth above, as such regulations may be amended from time to time by the Authority including such reasonable and uniform landing fees, rates or charges,as may from time to time he levied for airfield operational privileges andior services provided at the Airport. Lessee shall also comply with any and all applicable governmental statutes, rules,orders and regulations. 20. This Ground Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Ground 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 Ground Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. Page 8 of 12 1 G 2 21. This Ground Lease contains the entire agreement of the Parties with respect to the matters covered by this Ground 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 Ground 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 Ground 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 Ground Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Ground Lease shall be any day other than a Saturday. Sunday or legal public holiday. Notices shall he addressed as follows: If to Authority: Executive Airport Manager Collier County Airport Authority 2005 Mainsail Drive Naples, Florida 34114 cc: Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 If to Lessee: Richard Merrill. President Matecumbe Flying Service. hie. 165 Airpark Blvd. Immokalee, FL 34142 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 Ground 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 Ground Lease or to have any rights to enforce this Ground Lease against either party hereto or otherwise. Nothing contained in this Ground 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 Page 9 of 12 1 6 G 2 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 Ground Lease will be liable for any delay in the performance of any obligation under this Ground Lease or of any inability to perform an obligation under this Ground 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. 27. In compliance with Section 404.056. Florida Statutes, all Parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found. in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 28. Airport Development. The Authority reserves the right to further develop or improve the landing and other areas of the Airport as it sees fit, regardless of the convenience,desires or view of the Lessee, and without interference or hindrance. 29. Airport Operations. Lessee shall prevent any use of' the Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an airport hazard, and will restrict the height of structures; objects of natural growth and other obstructions on the Premises to such height as 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(l)no person on the grounds of race,color, national origin,or any other class protected by federal or Florida law 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, national origin or any other class protected by federal or Florida law 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 Page 10 of 12 6 G 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 he 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 he effective until the procedures of Title 49. Code of Federal Regulations. Part 21 are followed and completed. including exercise or expiration of appeal rights 3 I. 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 sate operation and maintenance of the airport. or otherwise conflict 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. 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 Count in the Official Records of Collier Count , Florida. within fourteen ( 14) days after the County enters into this I.ease. at Lessor's sole cost and expense. IN WITNESS WI ILREOF. the Lessee and Authority have hereto executed this Lease the day and year first above written. AS '10 THE LESSF.ti.: Matecumbe Flying Service. Inc. Witness (sig attire) Richard lerrill. President $:ON'Au McMzt— (pr.' t name e.s (sigt ature) LAW(L; Thyr•e+12..o e00 ((-) (print name) Page 11 of 12 I 6 G 2 AS TO THE AgWORITY: '. -- ....... 0.4- •, ,. .., Attest: ....: - ,:. ...,'''•n, BOARD OF COUNTY COMMISSIONERS OF CRYSTAL,K.,10I ., berk COLLIER COUNTY. FLORIDA. SERVING AS ) 1 4 -4 / 'fFIE COLLIER COUNTY AIRPORT r AUTHORITY m ''"' . . ''4 .... iiix:, ..t.,;•41. I 1 • , - A—4 iku " . • . - a 0 Alloy iiir Ce) C.• signature o iy,1 i By: • f / Approved i s $ l' 7 * a%fa:a ity: ..411,04, WILLIAM L. McDANIEL, Chairman II Illii ,,t11 • f 0 " ty orney -Al! . '1 ' • V Page 12 of 12 k, 0 1 6G 2 EXHIBIT A LEGAL DESCRIPTION & SKETCH LEGAL DESCRIPTION & SKETCH 6 MATECUMBE SITE SECTION 34, TOWNSHIP 46 SOUTH, RANGE 29 EAST IMMOKALEE - COLLIER COUNTY, FLORIDA A PARCEL OF LAND LYING IN SECTION 34 TOWNSHIP 46 SOUTH, RANGE 29 EAST, LEE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 34; THENCE ALONG THE SOUTH QUARTER LINE, SOUTH 89 DEGREES 06 MINUTES 37 SECONDS WEST, A DISTANCE OF 444.47 FEET TO THE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTH LINE, NORTH 00 DEGREES 37 MINUTES 38 SECONDS WEST, A DISTANCE OF 330.28 FEET; THENCE NORTH 89 DEGREES 09 MINUTES 44 SECONDS EAST, A DISTANCE OF 322.62 FEET; THENCE SOUTH 01 DEGREES 48 MINUTES 12 SECONDS EAST, A DISTANCE OF 204.98 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 50 SECONDS EAST, A DISTANCE OF 197.09 FEET TO THE WEST SIDE OF THE WESTERNMOST RUNWAY OF THE IMMOKALEE AIRPORT; THENCE ALONG SAID RUNWAY LINE, SOUTH 00 DEGREES 01 MINUTES 10 SECONDS EAST, A DISTANCE OF 35.00 FEET; THENCE DEPARTING THAT WESTERLY RUNWAY LINE, SOUTH 89 DEGREES 58 MINUTES 50 SECONDS WEST, A DISTANCE OF 196.00 FEET; THENCE SOUTH 01 DEGREES 48 MINUTES 12 SECONDS EAST, A DISTANCE OF 90.03 FEET TO THE AFOREMENTIONED SOUTH QUARTER LINE OF SECTION 34; THENCE CONTINUE ALONG SAID LINE, SOUTH 89 DEGREES 06 MINUTES 37 SECONDS WEST, A DISTANCE OF 329.39 FEET TO THE POINT OF BEGINNING. CONTAINING 2.63 ACRES MORE OR LESS. Digitally signed SiFLNF,r 4, 4;,� ,;,4 by Esteban 4—'4Jimenez-Colon NOTES: • STATE OG , Date: Pam. f(ORFOA '.jam 2022.04.26 1. THE SOUTH LINE OF SECTION 34 IS THE BASIS OF BEARINGS ��S�rvc 1 2 -04 00' WHICH BEARS S 89'06.37" W. 2. ALL DIMENSIONS ARE IN U.S. SURVEY FEET OR DECIMALS __..._...._ THEREOF. ESTEBAN JIMENEZ-COLON 3. NOT VALID WITHOUT THE ATTACHED SKETCH OF PROFESSIONAL SURVEYOR AND A1AP17E DESCRIPTION. FLORIDA CERTIFICATE, NO 7224 4, THIS IS NOT A BOUNDARY SURVEY. NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. - AIM Engineering& Surveying, Inc, LEGAL DESCRIPTION & SKETCH TIP2161 FOWLER STREET, SUITE 100 MATECUMBE SITE FORT MYERS, FLORIDA 3.3901 �`..A W"NW.c7IfttC'/liJl',CAIF DRAWN E)C CHECKED: CMH CLIENT _ .. PHONE (239) 332-4569 4-25-2022 4-25-2022 I�1CK MERRILI. TOLL FREE (800) 226-4569 PROJECT NO, SECTION' TOWNSHIP RAL,i E COUNTY SHEET 1 OF 2 A I M IICENSED BUSINESS No. 3114 22-1516 34 46 5 2`l F COLLIER ! 6G 2 LEGAL DESCRIPTION & SKETCH MATECUMBE SITE ,P4. SECTION 34, TOWNSHIP 46 SOUTH, RANGE 29 EAST lb\ IMMOKALEE - COLLIER COUNTY, FLORIDA I) .1 t o 3NTENDED 1)434 AY SCALE I - 29t1' 2,, IMMOKALEE REGIONAL AIRPORT u w N 89°09'44" E E 322,62' 5 01°48'12" E w = 204.98' a A��,`' N 89°58'50' E i Q, toy 197,09' f+i N J�C)� 5 M M �Q�'Ch`� S 00"01'10" E SOUTH LINE OF 0 m Q (,4 35.00' SECTION 34 0 �nQ ri z ��� 5 89°58'50" W 444.47' ► 196.00' — N 89°06'37" E S 89°06'37" W 5 01'48'12" E (BEARING BASIS! POB 329.39' 90.03' POC SOUTH QUARTER CORNER OF TRACT A SECTION 34,TOWNSHIP 46 SOUT'l RANGE 29 EAST ED SCOTT IMMOKALEE AIRPORT 'UNIT-ONE' PLAT ROOK 6.PAGE 56 LEGEND.. LB = LICENSED BUSINESS NO. OR A = NUMBER POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PSM =•• PROFESSIONAL SURVEYOR 6 MAPPER NOT VALID WITHOUT THE ATTACHED DESCRIPTION. AIM L:ITginecring&Sun'sying,Inc. LEGAL DESCRIPTION AND SKETCH a„ ,: 2161 FOWLER STREFT, SU1TF 100 ________..._._. MATECUMBE SITE FORT MYERS. FLORIDA 33901 ESTEBAN JIMENEZ-COLON ,vww atm¢P G cam PROFESSIONAL SURVEYOR AND FLAPPER DRAWN cHer 6ti CLIENT PHONE 1239)332-4569 FLORIDA CERTIFICATE. NO 1224 EIC 04/250022 CMH 040512022 RICK MERRO L TOLL FREE/800)226-4569 NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND PROTECT NO. SLC TION TOWNSHIP - RANGE - ;CCR,INTY IIIIMMI I HU LICENSED .N/MESS NO.3114 SEAL OT A 1)0611A(.ICI SSID SLIRVETDR AND MAPPER. 22•IS16 34 .14 5 29 E COLLIER SHE.'kl 2 EIS' 7 1, Immokalee Regional Airport I. 6 G 2 Parcel Image t ;A,,,,,'''',„',\'It\ ,,, ,,,,l•,,,.,,, \I i i , i is- ,.,i -•s„ , * - ' % * tr « , 1 , 01,.. 4.0 ,.....\ N , � 6G z Exhibit B Insurance and Bonding Requirements-Airport Facility Leases 1 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, Z 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 S. ® 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. Q 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. Z 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. 0 Lessee's Insurance Statement 1 V G 2 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. CC Name of Firm ,M vtct/-ccom . jZ� 7 z� J Date I '2 Z � 1� Lessee Signature ,Print Name :G getr '�\ Insurance Agency Va1ssek rem I,hsU 'ce_._ Agent Name J0.i(+49-• 2 i 9(1.er- Telephone Number _Sol-4 2 121 G2 EXHIBIT C STRUCTURAL ASSESSMENT I 2 NA, Licensed Structural Engineers Document Number: LSE-2022-1171-STR-RPT-01-00 March 23rd, 2022 This report summarizes the results of my structural assessment on the 3rd day of March, 2022, Pre-engineered metal building visual based structural inspection at 165 Lee Blvd, Immokalee FL 34142 FL, USA. , a.. w • , " "+ ?^1 fit,• yyfr f'K."4�'.h i�YA3^!") !.? '* "n y•�� e�q, y • • ' k t{' 74,Np R•(: ,7 it.; r =!} � .. \re a.Y•T re-errgineered AleriIl Mulcting«iri7lurre hru�l,=krr Licensed Structural Engineers INC We Office and Operate Across the United States, Page 1 of 16 HO 7505 Fannin St. Suite 440,Houston,TX 77054,t833)781-766 1,rnfocit_icensedStructuralEngineers corn I .6 G 2 Licensed Structural Engineers 44041) Background Licensed Structural Engineers, Inc . , was hired to conduct a visual based structural inspection of a pre-engineered metal building to assist in determining the remaining life expectancy. The building is located within Immokalee Regional Airport and adjacent runway 18. It was necessary to cross runway 18 to inspect the building. Process L.S. E. conducted a visual non-destructive inspection of the Pre-engineered metal building, including Structural Steel Portal frames, Z wall girts, Z roof purlins, end wall columns, X bracing, anchor bolts, structural connection, moment connections and galvalume roofing and siding. Findings This structure is constructed of plain carbon steel, also known as mild steel and is the most common type used in building construction. The roof and siding are corrugated r-panels, 26 ga steel Galvalume coated with a Kynar resin-based coating finish with exposed fasteners with a rubber seal. The metal building was constructed with cable cross bracing to resist lateral forces, thus eliminating a moment resisting element in the lateral direction. No insulation is installed on the roof or walls. Licensed Structural Engineers INC We Office and Operate Across the United States, Page 2 of 16 .k. HQ 7505 Fannin SI Suite 440 lionston,TX 77054,(833) 781-7661,info;i4icerisedSOuctutelEngineers corn ' G Licensed Structural Engineers The hanger doors are barn style and are supported by a structural steel frame, which exhibit signs of surface rust. Several small holes roughly 6" x 6" were observed from the structure' s interior in the roof panels near the ridge. Also observed damaged side panels at the north elevation and near the foundation / slab. Conclusion The life expectancy of this metal building properly maintained can exceed 100 years . The primary reason is Dimensionally-stable steel construction does not expand or contract with moisture content, so it will not warp, crack, split, or creep, remaining sturdy and straight for its lifetime. Moreover, the isotropic nature of steel provides dimensional properties in all directions, giving steel the same strength side to side, up and down, in all loading directions. Durable, inorganic steel also eliminates or significantly lessens moisture-related issues such as rot and mold that can diminish the integrity of the steel. Uncoated Galvalume has a lifespan of up to 40 years. However, when coated with a Kynar resin-based coating the life expectancy can exceed 100 years. Damaged panels shall be repaired at the roof and north elevation shall be repaired / replaced as required. Any scratches or abrasions in the r-panels shall be cleaned and protected with an appropriate coating. I Licensed Structural Engineers INC We Office and Operate Across the United States, Page 3 of 16 0 HQ 7505 Fannin St. Suite 440,Houston,TX 77054,(833)781-7661,into@LicensedStructuralEncreers corn 0- I G 2 rA Licensed Structural Engineers Leaving damaged metal substrate exposed to air exposes it to moisture, which leads to rust and deterioration . It is recommended to inspect the structure twice a year. Routinely inspecting the building for scratches and/or damage. Due to thermal expansion, lateral forces and vibration, R-panel fasteners may require replacement. The neoprene or rubber washer is a bond sealer to prevent leaks . The fasteners undergo daily movement and require replacement occasionally. New fasteners shall be replaced with fasteners utilizing an EPDM vulcanized seal with vibration resistant threads. Barn door structural steel frame shall be cleaned removing all surface rust, loose material or dirt and coated with an epoxy coating including a UV protection. Routine inspection and maintenance of this structure is required to meet its life expectancy and performance. Landscaping or over growth touching the building obstructs the airflow, and prevents water from evaporating away from the building, which leads to damage. All over growth shall be removed and prevented from touching the structure. Licensed Structural Engineers INC We Office and Operate Across the United States, Page 4 of 16 HO 7505 Fanntn St. Swie 440,Houston,TX 77054,(833)781-7561,Into@licensedStructuralEngineels corn ON 1 6 G P • iffikk, Licensed Structural Engineers Regular washing of both interior and exterior r-panels is required and should be completed twice a year to prevent contamination from damaging the Kynar finish. This structure will potentially last another 60 plus years if maintained properly. 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Photo 10 - Interior - Holes in roof r-panel This report is based on a visual and non-destructive assessment. 0 Licensed Structural Engineers INC We Office and Operate Across the united States, Page 15 of 16 HO 7505 Fannin St Suite 440,Houston,TX 77054,(833)781-7661,into�n License 1StructuralEngineers.eun� " � � �� � �� Y� �� -~ ~� Licensed ^� ��f /��� o 8 �~�������� ���7H������� � ~ Engineers ' �_M����������� . .��., .=~~'. .� Limit of Liability: This report was prepared under contractual agreement with the addressee (client) indicated above. The client has agreed to limit the liability of Licensed Structural Engineers to on amount not to exceed three times the fee for services' for any and all matters arising from this visual examination and report. This report is based on a visual and non-destructive assessment (including measurements) of the structure. The information provided is based on the professional engineer's opinion considering the information collected at the time of the inspection. Any conclusions are valid for as long as the structure's conditions have riot changed and are limited to the capacity of the methods used. The information provided herein is for the exclusive use of the specified client. Licensed Structural Engineers shall assume no liability for other parties who use the report without its express written consent. Please contact our office if You have any questions, or if we may be of further service. s stem has been digitally signed Ij 0312412022 Printed copies ofthis document are not considered signed and STATE OF ealed and the signature must be verified on any electronic copies. " o , P Best Regards, David Lockhart VENKATA QOHIT GRANDHI, P.E. (Inspector) (Reviewed and approved) Structural Engineer 7585 Fannin 6t, Suite 440 Houston, TX - 77854 Ummoed Structural Engineers INC 0b Office and Operate Across tlie United States, Page 18ofl8 HO7SU6Fomnin8t Suite A4O.Houston,TX77O54,(833)781-760.mfnra:L)cuned3Jmcturm|Engioeetsmni ��