Agenda 08/23/2022 Item #16G1 (Extension of Lease for Culinary Accelerator at Immokelee Regional Airport08/23/2022
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Airport Authority,
authorize the County Manager to execute the Culinary Accelerator lease extension agreement with
the Collier County Office of Business and Economic Development at the Immokalee Regional
Airport.
OBJECTIVE: To approve a Collier County Airport standard form lease with the Collier County
Office of Business and Economic Development for warehouse/manufacturing space for the
Culinary Accelerator at the Immokalee Regional Airport (IMM).
CONSIDERATIONS: On August 27, 2019 Agenda Item 16G.1 the Board of County
Commissioners, acting as the Airport Authority approved a standard form lease agreement with
the Collier County Office of Business and Economic Development for warehouse/manufacturing
space at the Immokalee Regional Airport. The current lease expires on September 30, 2022.
The Collier County Airport Authority and the Collier County Office of Business and Economic
Development wish to formalize a lease extension agreement with an initial term of one (1) year.
Provided that the Lessee is not in default of any provision of the Lease Agreement, the Lease
shall automatically be extended on an annual basis, unless either party provides a 30 day written
notice prior to the anniversary year of an election not to renew. Additionally, the Lease may be
terminated for any reason with 30 days written notice to the other party.
The initial rent is $2,972.19 per month. In addition to the monthly rent, the Lessee will be
charged $40 a month for fair share of irrigation and landscaping maintenance costs.
FISCAL IMPACT: Monthly rent in the amount of $2,972.19, irrigation and maintenance costs of
$40.00, and all applicable taxes shall be deposited in the Airport Authority Operating Fund
(495), Immokalee Regional Airport Cost Center (192330) upon collection.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a
majority vote for Board action. -JAK
RECOMMENDATION: That the Board of County Commissioners, acting as the Airport
Authority, authorize the County Manager to execute the Culinary Accelerator lease extension
agreement with the Collier County Office of Business and Economic Development at the
Immokalee Regional Airport.
Prepared By: Andrew Bennett, Executive Airport Manager, Airport Authority
ATTACHMENT(S)
1. Extension of Lease Agreement - Airport Authority (PDF)
16.G.1
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08/23/2022
2. Accelerator Lease 9.10.19 (PDF)
16.G.1
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08/23/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doc ID: 23105
Item Summary: Recommendation that the Board of County Commissioners, acting as the Airport
Authority, authorize the County Manager to execute the Culinary Accelerator lease extension agreement
with the Collier County Office of Business and Economic Development at the Immokalee Regional
Airport.
Meeting Date: 08/23/2022
Prepared by:
Title: – Growth Management Operations Support
Name: Heather Meyer
08/17/2022 11:16 AM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
08/17/2022 11:16 AM
Approved By:
Review:
Airport Authority Andrew Bennett Additional Reviewer Completed 08/17/2022 11:33 AM
Facilities Management Jennifer Belpedio Additional Reviewer Completed 08/17/2022 3:24 PM
Growth Management Department Jeanne Marcella Growth Management Department Completed 08/17/2022 4:41 PM
Growth Management Operations Support Tara Castillo Additional Reviewer Completed 08/17/2022 4:43 PM
Corporate Business Operations Heather Meyer Additional Reviewer Skipped 08/19/2022 9:30 AM
Growth Management Department Gene Shue Additional Reviewer Completed 08/19/2022 9:33 AM
Growth Management Department Trinity Scott Transportation Completed 08/19/2022 9:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/19/2022 11:17 AM
Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 08/22/2022 11:06 AM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 08/22/2022 12:53 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 08/23/2022 12:34 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/23/2022 9:00 AM
16.G.1
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16.G.1.a
Packet Pg. 49 Attachment: Extension of Lease Agreement - Airport Authority (23105 : Immokalee Airport-Culinary Accelerator Lease Extension)
16.G.1.a
Packet Pg. 50 Attachment: Extension of Lease Agreement - Airport Authority (23105 : Immokalee Airport-Culinary Accelerator Lease Extension)
COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE
This Collier County Airport Authority Standard Form Lease, hereinafter referred to as
Lease,' is entered into this jo day of 201q ,by and between Collier
County, a political subdivision of the State of Florida, c/o Real Property Management, 3335
Tamiami Trail East, Suite 101,Naples, Florida 34112, 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 `Lessor,' 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 Lessor conveys to the Lessee the
present possessory interest in the Leased Premises described below.
2.Description of Leased Premises. The leased area, which is the subject of this Lease,
is a warehouse/manufacturing space totaling 5,274 square feet and exterior storage cage totaling
3,600 square feet, located at the Immokalee Regional Airport, 170 Airpark Boulevard, Units A
and B, in Immokalee, Florida, 34142, as shown in Exhibit "A," hereinafter referred to as the
Premises.'
3.Conditions to Conveyance. Lessee warrants and represents to Lessor 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 Leased Premises for the following uses
and activities:
a. Support and launching of culinary and food preparation production and assembly of
culinary related businesses.
b. Distillation of alcohol.
c. Food and food safety laboratory.
d. Administrative activities.
e. Other business and incubator and accelerator related operations.
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Packet Pg. 51 Attachment: Accelerator Lease 9.10.19 (23105 : Immokalee Airport-Culinary Accelerator Lease Extension)
Lessor 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 above, and such cessation of use shall continue for a period of sixty (60)
days, this Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee,
shall be terminated and Lessee shall surrender and vacate the Premises to the Lessor 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.
5. Permissible Alterations and Additions to Premises. Lessee may make
alternations and additions to the Premises that are consistent with the design plans, attached hereto
as Exhibit "B" or that otherwise keep with the intended use of the Premises as described in
Paragraph 4 of this Standard Form Lease.
6.Term of Lease. The term of this Lease shall commence on July 1, 2019 and
terminate on September 30, 2020. Provided that Lessee is not in default of any provision of this
Lease Agreement, Lessee may elect to extend the Lease for up to an additional two (years) by
providing Lessor with written notice by September 1, 2020. This Lease may be terminated for any
reason with 30 days written notice to the other party.
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises as of July
1, 2019, the sum of$2,744.53 per month, (2,700.29 warehouse/manufacturing space and $44.24
exterior storage cage),plus sales tax, if applicable, and shall be due and payable by the first day of
every calendar month during the term hereof. If the terms of this Lease shall commence on a day
other than the first day of the month, Lessee shall pay rental equal to one thirtieth (1/30th) of the
monthly rental multiplied by the number of rental days of such fractional month. The lease rental
rate shall at no time be less than the Base Rental. The Authority and Lessee, however, agree and
stipulate that the lease rental rate may be unilaterally increased by the Authority, annually,
effective October 1 of each year, in accordance with the Authority's lease rental rate adjustment
program. Currently the adjustment program is based on changes in the United States Department
of Labor, Bureau of Labor Statistics, Consumer Price Index (the Index for U.S. City Average for
Urban consumers). All rents and fees shall be made payable to the Collier County Airport
Authority, and mailed by first class letter, postage prepaid, or personally delivered, to the
Administrative Offices at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, or such other
address as the Airport Manager may designate in writing.
8. Net Lease. This is a fully net lease, with Lessee responsible for 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, future
impact fees and obligations of any kind that relate to the Premises. Lessee will indemnify and
hold Lessor 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 Lessor by reason of Lessee's use
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of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting
therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's
expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed however, that
Lessor may at its own cost and expense participate in the legal defense of such claim, with legal
counsel of its choosing.
9.Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises.
All persons to whom these presents may come are put upon notice of the fact that the interest of
the Lessor in the Premises shall not be subject to liens for improvements made by the Lessee and
liens for improvements made by the Lessee are specifically prohibited from attaching to or
becoming a lien on the interest of the Lessor 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 Lessor, 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, landscaping, painting, janitorial, fixtures and appurtenances (lighting,
heating,plumbing, and air conditioning). Such repair may also include structural repair, if deemed
necessary by the Lessee. If the Premises are not in such compliance in the reasonable opinion of
Lessor, 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,
Lessor may cause the same to be corrected and Lessee shall promptly reimburse Lessor for the
expenses incurred by Lessor, 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. Lessor hereby confirms that Lessee, its
employees, agents, contractors, and other business invitees, shall have full and complete access to
the Premises by way of appropriate roadways and entranceways providing access to the Premises
from a public thoroughfare. Said access shall be available twenty-four (24) hours per day, seven
7) days per week. During the term of this Lease, Lessee may erect appropriate signage on the
Leased 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 Lessor; Lessor's
consent will not be unreasonably withheld.
12. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially untenable, or
damaged to any material extent, as reasonably determined by Lessee and Lessor, 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 Lessor
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 Lessor, in which event, Proceeds shall be promptly remitted to Lessor.
If the Lessor elects not to repair or replace the improvements,then Lessee or Lessor may terminate
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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 Lessor, Lessee
will proceed with reasonable diligence, at no cost or expense to Lessor, to rebuild and repair the
Premises to substantially the condition as existed prior to the casualty. The Executive Director
reserves the right to waive rental payments or a portion thereof in the case of a natural disaster that
renders the building untenable.
b. Condemnation. Lessor may terminate this Lease by written notice as part of a
condemnation project. Lessor will use its best efforts to mitigate any damage caused to
Lessee as a result of such termination; however, in no event will Lessor be liable to Lessee
for any compensation as a result of such termination.
13. Access to Premises. Lessor, 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 Lessor
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 provided, however, at
the termination of this Lease, Lessor shall have the option of either requiring Lessee to demolish
and remove all improvements made by Lessee to the Premises upon Lessee's vacation thereof, or
to require Lessee to retain said improvements with fixtures on the Premises which improvements
and fixtures will become the property of the Lessor upon Lessee's vacation of the Premises.
15. Assignment. Lessee may not assign this Lease or sublet any portion of the building
constructed on the Premises by Lessee without the express prior written consent of the Lessor,
which consent may be withheld in Lessor's sole discretion. Any purported assignment or sublet
without the express written consent of Lessor shall be considered void from its inception, and shall
be grounds for the immediate termination of this Lease. Lessor may freely assign this Lease upon
written notice to Lessee.
16.Insurance. The insurance requirements, which shall be provided by Lessee to
Lessor for this Lease, shall be established by Lessor's Risk Management Division.
17.Defaults and Remedies.
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16.G.1.b
Packet Pg. 54 Attachment: Accelerator Lease 9.10.19 (23105 : Immokalee Airport-Culinary Accelerator Lease Extension)
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 Paragraph 4 of this
Standard Form 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 Lessor's written notice stating the non-compliance
shall constitute a default (other than those covenants for which a different
cure period is provided), whereby Lessor 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 Lessor as being reasonably required to correct
such default). However, the occurrence of any of the events set forth above
shall constitute a material breach and default by Lessee, and this Lease may
be immediately terminated by Lessor except to the extent then prohibited
by law.
b. Remedies of Lessor.
i.In the event of the occurrence of any of the foregoing defaults, Lessor, 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 Lessor has removed and stored property,
Lessor shall not be required to store for more than thirty (30) days. After
such time, such property shall be deemed abandoned and Lessor shall
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Packet Pg. 55 Attachment: Accelerator Lease 9.10.19 (23105 : Immokalee Airport-Culinary Accelerator Lease Extension)
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 Lessor under this Lease, and if said sum remains
unpaid for more than five (5) days past the due date, the Lessee shall pay
Lessor 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 Lessor.
iii. Lessor may sue for direct, actual damages arising out of such an uncured
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. Lessor
shall be entitled to reasonable attorneys fees and costs incurred arising out
of Lessee's default under this Lease.
c. Default by Lessor. Lessor shall in no event unless access to the Premises has
been denied be charged with default in the performance of any of its obligations hereunder
unless and until Lessor 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 Lessor by Lessee properly and in meaningful detail specifying wherein, in
Lessee's judgment or opinion, Lessor 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 Lessor's breach of this Lease, and also waives any claim it might
have to attorneys' fees and costs arising out of Lessor's breach of this Lease. Lessee's
remedies for Lessor'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
Lessor under this Lease.
ii.Lessee may cure any default of Lessor and pay all sums or do all reasonably
necessary work and incur all reasonable costs on behalf of and at the
expense of Lessor. Lessor will pay Lessee on demand all reasonable costs
incurred and any amounts so paid by Lessee on behalf of Lessor, with no
interest.
e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either
party is intended to be exclusive of any other available remedy or remedies, but each and
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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
Lessor. No waiver by Lessee or Lessor 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 be 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 1st 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 rates or charges, as may
from time to time be levied for airfield operational privileges and/or services provided at the Airport.
Lessee shall also comply with any and all applicable governmental statutes, rules, orders and
regulations.
Miscellaneous Legal Matters
20. This Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then-
current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure,
either party may file an action in the Circuit Court of Collier County to enforce the terms of this
Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
21. This Lease contains the entire agreement of the Parties with respect to the matters
covered by this Lease and no other agreement, statement or promise made any party, or to any
employee, officer or agent of any party, which is not contained in this Lease shall be binding or
valid. Time is of the essence in the doing, performance and observation of each and every term,
covenant and condition of this Lease by the Parties.
22. In the event state or federal laws are enacted after the execution of this Lease,which
are applicable to and preclude in whole or in part the Parties' compliance with the terms of this
Lease, then in such event this Lease shall be modified or revoked as is necessary to comply with
such laws, in a manner which best reflects the intent of this Lease.
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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 Lessor: Immokalee Regional Airport Manager
Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
CC: Real Property Management
3335 Tamiami Trail, Suite 101
Naples, Florida 34112
If to Lessee: Executive Director—Corporate Business Operations
Collier County Manager's Office
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112
CC: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
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 Lessor. 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 Lessor. Neither
party will have the right or authority to bind the other party without express written authorization
of such other party to any obligation to any third party. No third party is intended by the Parties
to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party
hereto or otherwise. Nothing contained in this Lease will constitute the Parties as partners or joint
ventures for any purpose, it being the express intention of the Parties that no such partnership or
joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation
time, sick pay, or other welfare or retirement benefits normally associated with an employee-
employer relationship and that Lessor 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.
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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, without prior permission from the Executive Director or designee, will not
transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any
Hazardous Materials upon or about the Leased 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 comply with Federal Aviation Regulations, Part 77.
30. Nondiscrimination Clause. The Lessee for himself, his personal representatives,
successors in interest,and assigns,as part of the consideration hereof,does hereby covenant and agree
that (1) no person on the grounds of race, color, or national origin shall be excluded in participating
in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Leased
Premises; (2) that in the construction of any improvements on, over or under such land and the
furnishing of services thereon, no person on the grounds of race, color or national origin shall be
excluded from participating in, denied the benefits of, or otherwise subjected to discrimination; (3)
that the Lessee shall use the Leased Premises in compliance with all other requirements imposed by
or pursuant to Title 49,Code of Federal Regulations,Department of Transportation, Subtitle A,Office
of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as said regulations may be
Page 9of12
16.G.1.b
Packet Pg. 59 Attachment: Accelerator Lease 9.10.19 (23105 : Immokalee Airport-Culinary Accelerator Lease Extension)
amended. That in the event of breach of any of the above nondiscrimination covenants, Lessor shall
have the right to terminate this Lease and to re-enter and as if the Lease had never been made or
issued. The provision shall not be effective until the procedures of Title 49, Code of Federal
Regulations,Part 21 are followed and completed, including exercise or expiration of appeal rights.
31. Dominant Agreements and Property Rights Reserved. This Lease is subordinate and
subject to all existing agreements between the Authority and the Federal Aviation Administration,the
Authority and the State of Florida, and the Authority and Collier County. During the time of war or
national emergency,the Authority shall have the right to lease the landing area or any part thereof to
the United States Government for military or naval or similar use, and, if such lease is executed, the
provisions of this Lease Agreement insofar as they are inconsistent with the provisions of the lease to
the Government,shall be suspended. This Lease and all provisions hereof are subject and subordinate
to the terms and conditions of the instruments and documents under which the Airport Owner
acquired the subject property from the United States of America and shall be given only such effect
as will not conflict or be inconsistent with the terms and conditions contained in the lease of said lands
from the Airport Owner, and any existing or subsequent amendments thereto, and are subject to any
ordinances, rules or regulations which have been, or may hereafter be adopted by the Airport Owner
pertaining to the Immokalee Regional Airport.
32. Lessee shall execute this Lease prior to it being submitted for approval by the
Collier County Airport Authority. This Lease may be recorded by the County in the Official
Records of Collier County, Florida, within fourteen (14) days after the County enters into this
Lease, at Lessee's sole cost and expense.
REMAINDER OF PAGE INTENTIALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 10 of 12
16.G.1.b
Packet Pg. 60 Attachment: Accelerator Lease 9.10.19 (23105 : Immokalee Airport-Culinary Accelerator Lease Extension)
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the day
and year first above written.
AS TO THE LESSEE/COUNTY:
BOARD OF COUNTY COMMISSIONERS
By:At tir
LEO E. OCHS, Jr., COUNT A NAG,JER
As designee pursuant to the, ene d1 Assignment, Conveyance and
Assumption of Assets an iab' ties Agreement dated July 9,2019
AS TO THE LESSOR/AIRPORT AUTHORITY:
Attest: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk OF COLLIER COUNTY, FLORIDA, serving as the
p COLLIER CO '' - ' 'ORT AUTHORITY
Ce) A.,
V--. Alr- tiO
By:
t.,,,: `. vieputy Clerk WI/ IAM L. McDANIEL, Jr. CHAIRMAN
sfthtItteMi
Approved in absentia per Resolution 2000-149
Apppbva.a's to form and legality: on August 27, 2019
A 411
a--P-I--- --By: t.' - ,04,....-
Jennifer A. Belpedio L•o E. Ochs, r., Count fir ager
Assistant County Attorney
Page 11 of 12
IPJ
16.G.1.b
Packet Pg. 61 Attachment: Accelerator Lease 9.10.19 (23105 : Immokalee Airport-Culinary Accelerator Lease Extension)
Addendum
1. In addition to the monthly rent, the Lessee shall reimburse the Authority for the cost of water
used to irrigate and the cost of maintaining the landscaping within the Common Area
surrounding the Premises. The cost of these services will be twenty-five percent (25%) of the
historical costs incurred by the Authority over the past 24 months (currently $40 per month,
evaluated annually on October 1). These costs are due by the first day of every calendar month
during the term thereof
2. This Lease has been generated based on the Collier County Innovation Accelerator Business
Plan, which was approved by the Board of County Commissioners on May 13, 2014, Agenda
Item 11 A.
3. Lessor shall not be required or responsible to maintain, repair or replace any of the equipment
for Lessee's operation within the Premises.
4. Lessor shall be responsible for all costs related to the exterior of the Premises.
Page 12 of 12 N1
16.G.1.b
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Packet Pg. 64 Attachment: Accelerator Lease 9.10.19 (23105 : Immokalee Airport-Culinary Accelerator Lease Extension)