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Agenda 07/12/2022 Item #16G 2 (Standard Form Lease w/Carey International Aviation Services, LLC)07/12/2022 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize its Chairman to execute the attached Collier County Airport Authority Standard Form Lease Agreement with Carey International Aviation Services, LLC, for vacant aeronautical use office, aircraft storage, and equipment storage space at the Everglades Airpark. OBJECTIVE: To generate revenue by leasing vacant aeronautical use office and storage space to provide specialized aviation services at the Everglades Airpark (XO I). CONSIDERATIONS: The Collier County Airport Authority (Authority) solicited competitive proposals from parties interested in leasing vacant aeronautical use office, aircraft storage, and equipment storage space located at X01 for specialized aviation service providers from March 29, 2022 through April 29, 2022, which resulted in one proposal. Carey International Aviation Services, LLC desires to commence aeronautical operations by leveraging their specialized knowledge of the general aviation industry by providing qualified individuals with access to aircraft rentals and the local community with flight instruction assistance by establishing a flying club comprised of six single engine aircraft. The term of the lease is sixty (60) months, with a sixty (60) day bilateral early-ten-nination provision for any reason. The initial lease rate is $915.30 per month, including applicable taxes of 7%, in accordance with the currently approved rates and charges. The rent shall increase annually on January Ist based on the Consumer Price Index (CPI) throughout the life of the agreement. In addition to the month lease rate, the tenant will pay the Authority an annual Commercial Operating Fee of $200 plus applicable sales tax. Description of Facilities Total Monthly Rate Total Monthly Tax Total Monthly Rent w/Tax 114 sq. ft. Office Space $130.05 $9.10 $139.15 1 Aircraft T-hangar Unit (1, 188 sq.ft.) $357.84 $25.05 $382.89 1 Equipment Storage Unit (560 sq.ft.) $247.53 $17.33 $2 4.86 2 Single Engine Aircraft Tie -Down Space $120.00 $8.40 $128.40 Total $855.42 $59.88 $915.30 FISCAL IMPACT: Monthly rent in the amount of $915.30, including applicable sales tax of 7%, shall be deposited in Authority operating Fund (495), Everglades Airpark Cost Center (192350) upon collection. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for approval. -RTT RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, authorize its Chain-nan to execute the attached Collier County Airport Authority Standard Form Lease Agreement with Carey International Aviation Services, LLC, for vacant aeronautical use office, aircraft storage, and equipment storage space at the Everglades Airpark. I Packet Pg. 1813 07/12/2022 Prepared by: Andrew Bennett, Executive Airports Manager, Airport Authority ATTACHMENT(S) 1. Carey Intemational-XO1 Lease Agreement signed (PDF) Packet Pg. 1814 07/12/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.2 Doe ID: 22450 Item Summary: Recommendation that the Board of County Commissioners, acting as the Airport Authority, authorize its Chairman to execute the attached Collier County Airport Authority Standard Form Lease Agreement with Carey International Aviation Services, LLC, for vacant aeronautical use office, aircraft storage, and equipment storage space at the Everglades Airpark. Meeting Date: 07/12/2022 Prepared by: Title: — Growth Management Operations Support Name: Heather Meyer 06/02/2022 6:18 PM Submitted by: Title: Division Director - Operations Support — Growth Management Department Name: Gene Shue 06/02/2022 6:18 PM Approved By: Review: Growth Management Department Jeanne Marcella Growth Management Department Growth Management Department Gene Shue Additional Reviewer Growth Management Operations Support Tara Castillo Airport Authority Andrew Bennett Additional Reviewer County Attorney's Office Ronald Tomasko Additional Reviewer Growth Management Department Trinity Scott Transportation Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Office of Management and Budget Laura Zautcke Additional Reviewer County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 06/03/2022 8:44 AM Completed 06/06/2022 9:01 AM Additional Reviewer Completed Completed 06/09/2022 12:01 PM Completed 06/09/2022 1:14 PM Completed 06/14/2022 10:15 AM Completed 06/14/2022 12:58 PM Completed 06/17/2022 10:47 AM Completed 06/17/2022 2:14 PM Completed 07/06/2022 2:35 PM 07/12/2022 9:00 AM I Packet Pg. 1815 1 COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE This Collier County Airport Authority Standard Form Lease, hereinafter referred to as "Lease," is entered into this day of 5 2022, by and between CAREY INTERNATIONAL AVIATION SERVICES LLC, a Florida limited liability corporation, whose mailing address is 4536 Tamarind Way, Naples, Florida 34119, hereinafter referred to as 'Lessee,' and the COLLIER COUNTY AIRPORT AUTHORITY, with administrative offices located at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, hereinafter referred to as "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: I . 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 as referenced below, which is the subject of this Lease, is located at the Everglades Airpark, 650 EC Airpark Rd, Everglades City, Florida 34139, hereinafter referred to as the "Premises." Terminal - Office Space — 114 sq. ft. T-Hangar — One (1) Aircraft T-hangar Unit (1,188 sq.ft.) Storage Space — One (1) Equipment Storage Unit (560 sq.ft.) Two (2) Single Engine Aircraft Tie -downs 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 the administration of Specialized Aviation Service Operations, including� but not limited to, aircraft rental, aerial sightseeing, specialized flying services, and flight instruction. 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 [I 8-APA-00394/1393660/11 Page 1 of 11 (D E (D U) FPacket Pg. 1816 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 (60) days, this Lease, at the option of the Authority, upon thirty (30) (D _J days written notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the r_ Premises to the Authority within thirty (30) days after notice of such termination. Provided, .2 however, said sixty (60) day period shall be tolled if such cessation is caused by events beyond tile .LZ > 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 0 allow anyone to use the Premises for residential purposes or as a public meeting place or facility of any kind. Lessee shall not utilize the premises in any manner deemed non -permissible by the Federal Aviation Administration. Lessee shall be allowed to park in the parking area adjacent to the Premises. W 5. Permissible Alterations and Additions to Premises, Lessee may not make any alterations or additions, including but not limited to signage, painting or otherwise, to the Premises ent mav be withheld in Authority's without obtaining Authority's prior written consent, which cons I CL 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 June 28"', 2022 and shall continue for a period of sixty (60) months. Either party may terminate for any reason with 60 days W prior written to the other party. LO 7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises in NT N accordance with Table "A" below, which includes applicable FL sales tax (7%), which shall be due and payable in advance by the first day of every calendar month during the term hereof. Late . LM fees will be assessed for past due payments per the approved Rates & Charges. If the terms of this Lease shall commence on a day other than the first day of the month, Lessee shall pay rental equal W to one thirtieth (1/30"') of the monthly rental multiplied by the number of rental days of such E 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. (D U) 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 X 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 Ail -port .0 Manager may designate in writing. F [I 8-APA-00394/1393660/11 Page 2 of I I Packet Pg. liT7] TABLE "A" Total Monthly Total Monthly Total Monthly Rent Description of Facilities Rate w/Tax -Tax office Space (114 sq. ft) $130.05 $9.10 $139.15 1 A ircraft T-hangar Unit (1, 188 sq-ft.) $357.84 $25.05 $382.89 1 Equipment Storage Unit (560 sq,ft.) $247.53 $17.33 $264.86 2 Single Engine Aircraft Tie -downs $120.00 $8.40 $128.40 $915.30 Total I 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, M ire within the Leased janitorial, basic maintenance and any other fees/services the Lessee may requ 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 ing from Lessee's use of the Premises. In case from any and all claims, costs and obligations aris 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 W defend such action or proceeding if Authority shall so request, at Lessee's expense, by counsel CD LO reasonably satisfactory to Authority. It is specifically agreed however, that Authority may at its �T N 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 (D these presents may corne are put upon notice of the fact that the interest of the Authority in the E made by the Lessee and liens for Premises shall not be subject to liens for improvements 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 (D U) to the provisions of and in compliance with Section 713.10, Florida Statutes. 10. Lessee's _Obligation to Maintain Premises and Com]21Y with All Lawful Requireme 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. 11. Quiet Enjoyment Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive right to use the Premises during the term of this Lease. During the term of this Lease, Lessee may erect [I 8-APA-00394/1393660/11 Page 3 of I I 0 I Packet Pg. 1818 1 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 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 [I 8-APA-00394/1393660/11 Page 4 of 11 P (D E (D U) 0 FPacket Pg. 1819 improvements and fixtures will become the property of the Authority upon Lessee's vacation of the Premises. 15. Assipninent. 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 "A". 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: 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 [I 8-APA-00394/1393660/11 Page 5 of I I LM W E (D U) Packet Pg. li2O] 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 Authori!y. 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 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 ii1junctive 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 tinder 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 [ I 8-APA-003 94/13 93 660/11 Page 6 of 11 W E (D Packet Pg. 1 i2l also waives any clairn 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. do all ii. Lessee may cure any default of Authority and pay all sums or 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 LO NT this Lease by Lessee N material inducement and consideration for the execution of 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 t breach LM breach of any other provision hereof or of any continuing or subsequen of the same provision, irrespective of the length of time that the respective breach may have continued. E 18. Lease Policy. Lessee shall be provided with the Authority's Lease Policy, which o time. The terms of this policy shall be deemed to be (D the Authority may amend from time t U) incorporated by reference into this Agreement, and Lessee shall be bound by the terms of this Lease Policy, as of the I" 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 X I with the Lease Policy, the Lease Policy shall control. 76 C 19, Rules and Regulatio . 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 andlor services provided at the Airport. Lessee shall also comply with any and all applicable governmental statutes, rules, orders and regulations. [I 8-APA-00394/1393660/11 Page 7 of I I a I Packet Pg. 1822 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 Pat -ties. 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 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 I Naples, Florida 34114 Ifto Lessee: Carey International Aviation Services, LLC C/O Daniel Carey 4536 Tamarind Way Naples, Florida 34119 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 serxrice. 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 [I 8-APA-00394/1393660/11 Page 8 of 11 (D E (D U) N I Packet Pg. 1823 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 riot 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 com liance with Section 404,056, Florida Statutes, all Parties are hereby made p 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 W in buildings in Florida, Additional information regarding radon and radon testing may be obtained E 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 Operation . Lessee shall prevent any use of the Premises which would interfere with or adversely affect the operation or maintenance of the Airport, or other ­%vise 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 pail of the consideration hereof, does hereby covenant and agree that (1) 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 [I 8-APA-00394/1393660/11 Page 9 of I I __ C FPacket Pg. 1824 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, Pail 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 Propegy Rights Reserved. T his Lease is subordinate and subject to all existing agreements between the Authority and the Federal Aviation Administration (FAA)t 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 conflict with regulations governing public -use airports. Furthermore, and during the time of war or national ernergency, the Authority shall have the right to lease tile 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. 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 tile 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 ernployce separates from their employment. This [18-APA-00394/1393660/1] Page 10 of 11 LM E (D U) 0 FPacket Pg. 1825 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. IN WITNESS WHEREOF, the Lessee and Authority have hereto executed this Lease the day and year first above written. AS TO THE LESSEE: itness ature) Fil"CL (print name) signatur Wit ess (print narne) AS TO THE AUTHORITY: Attest: CRYSTAL K. KINZEL, Clerk M. , Deputy Clerk Approved as to form and legality: Assistant County Attorney Carey International Aviation Services LLC. M BOARD OF COUNTY COMMISSIONERS of COLLIER COUNTY, FLORIDA, serving as the COLLIER COUNTY AIRPORT AUTHORITY By: William L. McDaniel, Jr., Chairman [I 8-APA-00394/1393660/11 Page 11 of 11 LM E CIO! � )v'Am' FPacket Pg. 1826 Exhibit A Insurance and Bonding Requirements- Airport Facility Leases Z Aviation Tenant F-1 Non -Aviation Tenant Insurance / Bond Type Required Limits apter 440 and all Federal Government 1. Z worker's Compensation Statutory Limits of Florida Statutes, Ch Statutory Limits and Requirements 2, F1 Employer's Liability $ single limit per occurrence 3. Z 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 .0 ISO form Liability and Property Damage Liability. This shall include Premises and Products and Completed Operations and Operations; Independent Contractors; Contractual Liability W 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 CL 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 tM indemnified party or person described in this paragraph. This section does not > LU pertain to any incident arising from the sole negligence of Collier County. LO 4. Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage, NT C14 C14 Owned/Non-owned/Hired; Automobile Included 5. 0 Other insurance as R Airport Liability insurance $ Per Occurrence LM noted: bodily injury and property damage Hangarkeepers Liability Per Occurrence per W E aircraft including premise liability $ 1,000,000.. ce bodily Aircraft Liability insurance Per Occurren M < injury and property damage (D U) Pollution Liability insurance $ Per Occurrence bodily injury and property damage X Z Property insurance — Replacement Cost -All Risks of Loss 0 6. Z 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. M 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, Z Thirty (30) Days Cancellation Notice required. !!!MMM _MW=MM8=�_ Page 1 Company Name Q CY I Packet Pg. 1827 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 agreemer�t. Name of Firm vly') j� Date Lessee Signature Print Name V,4 t. Insurance Agency 4-t, V Agent Name k lz:�,i Telephone Number.-,q�-I—tp),5—, (1)9 Company Name Page 2 0 FPacket Pg. 1828