Agenda 04/23/2024 Item #16G 1 (Collier CountyAirport Authority Leasing Policy Update)04/23/2024
EXECUTIVE SUMMARY
Recommendation to approve the Collier County Airport Authority Leasing Policy Update.
OBJECTIVE: To update the Collier County Airport Authority (Authority) Leasing Policy to ensure optimal use
of airport properties, enhance financial sustainability of airport operations, and facilitate the development of airport
infrastructure and services.
CONSIDERATIONS: On January 10, 2024, the Authority issued a Notice to Proceed (NTP) for a work order
under Contract 22-8051 “Airport Management Consulting Services” to Crawford, Murphy, & Tilly, Inc. to update
the Authority’s Rules and Regulations (last updated in 2002), Minimum Standards (last updated in 2005), and
Airport Leasing Policy (last updated in 2017). On February 13, 2024, the Board requested further review of the
Authority’s lease parameters, offered additional guidance and directed a stay on pending land leases until the policy
could be updated.
The proposed revisions add specific solicitation selection criteria for ranking long-term lease proposals by adding
Exhibit C and updating various lease elements such as rents, term lengths, responsibilities, and hangar waiting list
management.
Specifically, for long-term land leases, rent payments will commence no later than 90 days from the lease approval
date, site development plans must be approved within twelve months of execution of the lease and construction
must commence within fifteen months of the executed lease. In addition, clarification is made that participants
seeking to be on the hangar wait list will be required to pay a fee. Once the lease policy modifications are
approved, the airport management team will work with pending long-term land Lessee's to ensure that future land
leases brought to the Board for consideration are consistent with the revised rent and performance terms, thereby
removing the stay.
The proposed update to the leasing policy, if approved, will amend and supersede all prior versions of the Collier
County Airport Authority Leasing Policy. As a matter of procedure, the Federal Aviation Administration (FAA)
does not review and approve local airport policies. However, the proposed updates are consistent with FAA and the
Florida Department of Transportation (FDOT) guidance.
This item is consistent with the Collier County Strategic Plan objectives to encourage diverse economic
opportunities, implement prudent and inclusive policy development, and safeguard taxpayer money by promoting
fiscal stewardship and maintaining self-sustaining airports.
FISCAL IMPACT: There is no direct fiscal impact associated with the update to the leasing policy.
GROWTH MANAGEMENT IMPACT: This item is consistent with Section B: Intermodal & Multimodal
Transportation, Subsection 2: Aviation of the Transportation Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board
approval. - CJS
RECOMMENDATION: To approve and authorize the Chairman to sign the attached Collier County Airport
Authority Leasing Policy Update.
Prepared by: Darren Hutton, Director, Operations & Performance Management Division & Bryant Garrett, Airport
Executive Manager
ATTACHMENT(S)
1. Collier County Airport Authority Leasing Policy (DOCX)
2. Collier County Airport Authority Leasing Policy - Tracked Changes (DOCX)
16.G.1
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04/23/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doc ID: 28441
Item Summary: Recommendation to approve the Collier County Airport Authority Leasing Policy Update.
Meeting Date: 04/23/2024
Prepared by:
Title: – Transportation Management Operations Support
Name: Darren Hutton
04/08/2024 10:21 AM
Submitted by:
Title: – Transportation Management Operations Support
Name: Darren Hutton
04/08/2024 10:21 AM
Approved By:
Review:
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 04/15/2024 10:30 AM
Road Maintenance Ellen Sheffey TMSD Reviewer Completed 04/15/2024 11:35 AM
Procurement Services Sandra Srnka Level 1 Purchasing Gatekeeper Completed 04/15/2024 3:46 PM
Procurement Services Sandra Srnka Procurement Director Review Completed 04/15/2024 3:49 PM
Transportation Management Services Department Trinity Scott Transportation Completed
04/16/2024 9:45 AM
County Attorney's Office Carly Sanseverino Level 2 Attorney Review Completed 04/16/2024 10:56 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/16/2024 10:59 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/16/2024 11:05 AM
Office of Management and Budget Agnieszka Chudy OMB Reviewer Completed 04/16/2024 1:50 PM
County Manager's Office Ed Finn Level 4 County Manager Review Completed 04/17/2024 5:50 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 04/23/2024 9:00 AM
16.G.1
Packet Pg. 1367
COLLIER COUNTY AIRPORT AUTHORITY
AIRPORT LEASING POLICY
Approved as to form and legal
Sufficiency:
COLLIER COUNTY AIRPORT AUTHORITY
County Attorney
By: Chairman
Y:\Administration\Policies and Procedures\Policies\Leasing Policy
Adopted: 5/9/1994
Revised: 10/22/2001
Revised: 2/11/2002
Revised: 6/27/2017
Revised:
16.G.1.a
Packet Pg. 1368 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
TABLE OF CONTENTS
Page
SECTION I GENERAL POLICY . . . . . . . . . . . . . . . . . . 3
Agreement Classifications . . . . . . . . . . . . . 3
Agreements Required . . . . . . . . . . . . . . . . . 4
Lease/Operating Agreement Categories . . 4
SECTION II GENERAL GUIDELINES FOR AIRPORT AGREEMENTS .......... 6
Lease Application Process . . . . . . . . . . . . . . 6
Lease Proposal Review . . . . . . . . . . . . . . . . . 8
SECTION III LEASE RATES, TERMS AND PROVIDIONS . . . . . 10
Rates and Charges . . . . . . . . . . . . . . . . . . . . . . 10
Terms of Lease . . . . . . . . . . . . . . . . . . . . . . . . . 10
Title to Improvements . . . . . . . . . . . . . . . . . . . 12
Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Assignment/Subletting/. . . . . . . . . . . . . . . . . . . 12
Public Service Goals . . . . . . . . . . . . . . . . . . . . 13
Encumbrances . . . . . . . . . . . . . . . . . . . . . . . . . 13
Indemnification and Insurance . . . . . . . . . . . . 13
Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Rules and Regulations . . . . . . . . . . . . . . . . . . . 14
Appraisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Performance Bonds . . . . . . . . . . . . . . . . . . . . . 14
Relocation of Improvements . . . . . . . . . . . . . . 15
Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Gross Receipts Language . . . . . . . . . . . . . . . . . 15
Dominant Agreements. . . . . . . . . . . . . . . . . . . . 15
Other Lease Provisions . . . . . . . . . . . . . . . . . . 15
SECTION IV HANGAR WAITING LIST POLICY . . . . . 17
Collier County Airport Authority Hangar Waiting List
Policy for General Aircraft Hangar Units . . . 17
EXHIBIT A HANGAR RESERVATION FORM
EXHIBIT B STANDARD FORM LONG-TERM LEASE TEMPLATE
EXHIBIT C SOLICITATION SELECTION CRITERIA FRAMEWORK
16.G.1.a
Packet Pg. 1369 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
SECTION I
GENERAL POLICY
In order to promote and develop a fair and reasonable operating environment for all persons, firms,
or organizations who enter into agreements with the Collier County Airport Authority, hereinafter
referred to as the ‘Authority’,) to conduct a commercial or non-commercial operation on any of
its airports, hereinafter referred to as Airport, the following Policy is hereby adopted.
The Collier County Airport Authority operates the Immokalee Regional Airport, Everglades
Airpark and Marco Island Executive Airport in Collier County, Florida. As used herein the word
“tenant” is not limited to true tenants, but includes any individual, person or entity that has been
granted any right, license or privilege to occupy or use any property or conduct any activity
irrespective of the form of the agreement, permit, and/or license that grants any such right, license
or privilege.
The Authority hereby instructs the Division Director or Designee to ensure that reasonable efforts
are made when negotiating agreements (types and classifications listed below) to:
1. Promote market rents that are intended to make the Authority as financially self-
sufficient as possible.
2. Minimize operational costs in the leased areas to the Authority.
3. Foster growth of both aviation and non-aviation development (where appropriate) on
airport property.
4. Attract private capital investment for airport development.
5. Comply with Federal Aviation Administration (FAA) and State obligations, policies and
regulations.
Agreement Classifications
The Authority will entertain, at a minimum, the following four Agreement classifications:
LEASE AGREEMENTS: Agreements by which the Airport Authority leases land, building and/or
facility leases with airport tenants who maintain a valid lease agreement with the Authority.
SUBLEASE AGREEMENTS. These Agreements are used whereby a sub-lessee (in privity with
the Airport Authority) subleases some or all of the lessee’s rights and obligations to a sublessee.
LICENSE AGREEMENTS: Land, building and/or facility leases with granted privileges of
conducting aviation related or airport support operations. These agreements do not convey any
interest in real property or in any personal property. These agreements convey only a bare license
that has no interest coupled thereto. These agreements do not create any relationship of landlord
and tenant and no licensee has any rights as a tenant.
16.G.1.a
Packet Pg. 1370 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
OPERATING AGREEMENTS: Agreements granting the privilege of conducting aviation
specifically granted related activities or airport support operations. These are use license
agreements that do not convey any interest in real property or personal property.
Agreements Required
With the exception of transient (non-based) aeronautical operators, no person, firm, organization,
club, or other entity whatsoever shall be permitted to operate any business or commercial activity
on any airport or base and engage in any commercial or non-commercial activities at the respective
airport without an approved and fully executed lease, sublease, license, or operating agreement
with the Authority or fully approved and executed assignment of same. The intent of this
requirement is to protect the investment and privileges of bona fide operations on the airport and
to try to ensure that fees or charges will be required from every user of the airport. Provided,
however, that a business may be permitted to continue operation as a tenant at will after the
expiration of an approved lease, sublease, license and/or operating agreement while renewal or
extension negotiations are in progress and being conducted in good faith and there appear to be
prospects of coming to mutual agreement. The Division Director or Designee shall be the judge
of whether good faith negotiations with a viable prospect mutual agreement exists.
Lease/Operating Agreement Categories
1. Flight Training Service Center.
2. Aircraft Maintenance, Overhaul, and Parts Shop.
3. Specialized Commercial Flying Service.
4. Specialized Aircraft Repair Service.
5. Aircraft Hangar Storage.
6. Scheduled Passenger Air Carrier.
7. Non-Scheduled Passenger Air Carrier.
8. Cargo Air Carrier.
9. Non-Aviation Land and/or Building Lease.
10. On Airport Car Rental Operations.
11. Off Airport Car Rental Operations.
12. Courtesy Vehicle Operations.
13. Vending Machine Operations.
14. Airport brochure display/distribution operations.
15. Display Cabinet Operations.
16. Advertising signs on Airport.
17. Advertising signs off Airport.
18. Utility Easements.
19. Automobile Parking.
20. Food, Beverage, and/or Merchandising Concessions.
21. Government Leases.
22. Aviation Easements.
23. Operating Privilege Agreements.
24. Clubs.
25. Skydiving.
26. Hangar License Agreements.
27. Other.
16.G.1.a
Packet Pg. 1371 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Agreements, which the Authority shall not entertain:
Consistent with Department of Transportation, Federal Aviation Administration order 5190.6B,
the Authority shall retain proprietary exclusive rights of the following aeronautical services:
1. Sale of aircraft fuel to others.
2. Rental of ramp space to others for aircraft tie-downs or any other purpose.
The Authority shall not permit any tenant, licensee or other occupant of any airport to engage in
any of the above referenced aeronautical services. The Authority shall provide those aeronautical
services with its own employees and resources.
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
16.G.1.a
Packet Pg. 1372 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
SECTION II
GENERAL GUIDELINES FOR AIRPORT AGREEMENTS
The following guidelines shall be used when the Division Director or Designee negotiates
agreements. This policy is not all-inclusive and, where exclusions exist, application of
professional airport leasing practices shall be applied on a case-by-case basis.
Airport property is generally leased on a first come, first served basis, unless specifically exempted
in the “Lease Application Process.” If multiple parties are interested in leasing an available parcel
of Airport property, Authority staff shall seek competitive proposals via public advertisement on
the Airport Authority website and/or a newspaper of general circulation after establishing a
starting rent using an appraisal process or market analysis to set market value. If competitive
proposals are solicited, Airport staff, with the assistance of the Procurement Services Division,
will abide by the Procurement Ordinance #13-69, as amended, and this policy, and will make the
final selection based on criteria following under “Lease Application Process” and “Lease Proposal
Review.” Tenants in good standing whose property adjoins a parcel available for lease (whether
vacant or developed) will be given the first opportunity to lease the adjoining parcel.
Unless specifically exempted in the “Lease Application Process” or elsewhere in this Policy, all
persons or businesses seeking to become tenants at the Airport must first submit a fully completed
written application to the Division Director or Designee, together with any additional information
which may be requested by the Division Director or Designee, County Management or County
Attorney.
Lease requests will be reviewed and evaluated according to the stipulations outlined in this Policy,
and in terms of whether the proposed use conforms to each of the following overarching goals:
1. The use is shown to be appropriate and consistent with the ALP, Master Plan, and other
relevant land use planning documents that pertain to the Airport.
2. The use does not constitute a violation of any Airport Grant Assurances which have been
incorporated within a Grant Agreement entered by the Authority.
3. The use complies with all requirements and provisions contained in the adopted policies,
procedures and standards of the Airport and Collier County.
The information contained in the lease request should provide sufficient detail to enable the
Authority to adequately determine a potential tenant’s financial standing, their ability to undertake
construction in a timely manner (if the tenant is going to build on a vacant parcel), their ability
and experience to provide the services to the general aviation public or commercial aviation
industry (if the tenant is an aviation-related business), which are described in the proposal, and
the amount of investment in and the overall appearance of the facilities that are to be constructed
or leased by the tenant.
Lease Application Process (Including Subleases and Assignment of Leases)
(Note: Parties wishing to rent tie-downs, hangars, T-hangars solely for short-term (e.g. month-
to-month or year-to-year) storage of aircraft, and who do not desire or need significant
16.G.1.a
Packet Pg. 1373 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
leasehold improvements or other special accommodations, are exempt from the following
requirements.)
Any person, group of people, firm, corporation or organization desiring to conduct a commercial
activity of any type within the boundaries of the Airport must first secure written authorization
from the Authority to do so. Written authorization from the Authority is typically provided in the
form of a lease for building space or land area, but may also be in the form of an appropriate
permit allowing the activity in question to be conducted for a given period time on Airport
property.
The process for obtaining authorization for a commercial activity from the Authority begins with
an applicant submitting a written proposal, or Lease Application, which details the type of
operation(s) being proposed. Depending on the term of the lease being sought, or the size, scope,
and complexity of the commercial activity, an applicant may be requested by the Airport Manager
to provide some or all of the following information. In general, longer term lease requests will
require more information than shorter term requests. The Lease Application should include the
following:
1. A cover letter from the Applicant identifying the name of the business, a description of
the services or products to be provided, and the primary contact’s name, phone number
and email address.
2. A short description of the proposed commercial activity with sufficient narrative to
adequately explain the benefits of the activity to the Airport and local community.
3. A business plan that provides sufficient detail about the commercial activity being
proposed.
4. The names and contact information (mailing address, phone numbers, email, etc.) of all
parties having an interest in the business and those that will be directly responsible for
the day-to-day management of the business.
The amount and location (if known) of vacant property that the tenant desires to lease
(accompanied by a map showing the location of the property in question).
5. The type of facilities which are to be constructed, purchased or leased (whichever is
relevant).
6. The purchase price of existing facilities (where relevant).
7. The services to be offered, proposed hours of operation, projected employment broken
down by number of permanent and temporary employees, full-time and part-time
positions, job titles, average wage or wage scale anticipated to be paid, and the number
of aircraft (if any) that are to be based and/or operated at the Airport in conjunction with
the business.
8. Evidence of financial capability to provide the services and facilities proposed (this may
extend to providing a current financial statement and/or tax returns for the previous 3
years).
9. Evidence demonstrating a history of satisfactory performance of a similar commercial
activity at other sites (preferably airports), including dates and location. Record of any
insolvency or bankruptcy proceeding in any past business relationships over the past 10
years.
10. Aeronautical qualifications, including years of experience in the proposed operation, past
experience in other related activities, and four professional references.
11. Other information the Authority may require and specifically request.
16.G.1.a
Packet Pg. 1374 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Lease Proposal Review
Following receipt of an application to lease or sublease Airport land or facilities, or for an
Assignment of Lease, the Airport Manager will evaluate the submitted proposal for completeness
against the criteria outlined in the Lease Application Process. The Airport Manager may also
perform a background investigation relative to the applicant’s criminal history, credit worthiness
and past business performance. Incomplete proposals will be returned to the applicant.
Following review by Authority staff, applications may be denied for one or more of the following
reasons:
1. The application does not comply with or meet the provisions of this policy.
2. The applicant or their proposed operations fail to meet the qualifications, standards and
requirements enforced by the Authority or Collier County.
3. The applicant’s proposed operations or construction activities will create a safety or
security hazard.
4. The granting of the application will require unauthorized expenditure of Authority funds,
labor or materials on the land or facilities described in, or related to, the application.
5. The operation is unlikely to provide a positive rate of return.
6. There is no appropriate or adequate available space or facilities on the Airport property
to accommodate the activity of the applicant.
7. The proposed operation, development or construction contemplated does not conform to
the approved Airport Layout Plan or Airport Master Plan.
8. The development or use of the area requested will result in a congestion of aircraft or
buildings, or will result in excessive interference with the operations of other existing
tenants on the Airport, such as preventing free access and egress, or will result in
depriving, without adequate compensation, an existing tenant the use of portions of their
leased area.
9. A party applying, or having an interest in the business, has supplied false information, or
has misrepresented a material fact in the application or in supporting documents, or has
failed to make full disclosure on the application.
10. A party applying, or having an interest in the business, has a record of violating the rules
and regulations of the Authority, or those of any other airport, or the rules and
regulations of any State or Federal Agency.
11. A party applying, or having an interest in the business, has defaulted in the performance
of any lease or other agreement with the Authority or any lease or other agreement at any
other Airport.
12. A party applying, or having an interest in the business, is not sufficiently credit worthy
and responsible in the judgment of the Authority to provide and maintain the business to
which the application relates, and to promptly pay amounts due under its lease with the
Authority.
13. The applicant has committed a crime, or violated a local ordinance, rule, or regulation,
which adversely reflects on its ability to conduct the operation applied for, or otherwise
renders applicant unsuitable.
14. Any other reason that would result in an activity deemed not consistent with Airport
policy, or not to be in the best interest of the Authority and/or the Florida Aviation
System.
15. The applicant proposes a “Through the Fence” operation that is inconsistent with Section
136 of the FAA Modernization and Reform Act of 2012.
16.G.1.a
Packet Pg. 1375 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
The diagram shown below delineates the steps of a typical lease application process for review
and approval by the Airport Authority. Many of these steps are discussed in greater detail
elsewhere in this policy. Depending on the size, scope and complexity of the commercial activity
that is being proposed for a given parcel of land or facility, the time-frame to complete the entire
application process can vary from eight to sixteen weeks or more.
LEASE APPLICATION / PROPOSAL PROCESS
(Typically a 8 to 16 Week Process*)
Start
Finish
*Assumes that no reviews and/or approvals are needed from outside agencies.
•Review Application for
completeness and compliance
with Leasing Policy
•Perform Due Diligence
Research
•Undertake Development of
Lease Terms
•Prepare legal documents for
execution
Airport Manager/ County
Management/County Attorney
Lease Execution
Applicant/County
Attorney/Authority
Recommendation for
Approval/Denial to County
Commission
Airport Authority
Federal/State Approval
(Non-aviation uses ONLY)
FAA ADO/FDOT District 1
Submit Application for New Lease,
Sublease, or
Assignment of Existing Lease
Applicant
16.G.1.a
Packet Pg. 1376 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
SECTION III
LEASE RATES, TERMS AND PROVISIONS
Rates and Charges
FDOT/FAA guidelines require that the Authority be as financially self-sustaining as possible.
Whenever possible, rental rates for unimproved Airport land or existing hangars and related
facilities used for commercial aviation activities are set at market value of the property in use.
Market value will be determined through an appraisal or market analysis of comparable parcels
or structures undertaken by the Authority. A rate adjustment based on the Consumer Price Index–
Urban (CPI-U) for the southeast US region will be applied to leases on either a regular basis, but
no more than annually, between appraisals to facilitate parity between new and longstanding
tenants.
In an effort to stimulate economic development, support aviation industry growth, and encourage
airport property development, the Authority may consider a reduced rate for the following
property uses:
1. Large Scale Development
2. Aeronautical Manufacturing
3. Substantial aviation-related educational facilities (such as an FAA-certified A&P
Program or a Flight Training Program)
4. Any commercial business that creates and maintains new jobs that pay, on average, no
less than 115 percent of the average annual wage for Collier County, as determined by
the Collier County Office of Business and Economic Development
Each Airport tenant, subtenant, licensee or occupant user of the Airport shall pay the then
applicable and appropriate rate or fee for such tenancy or use. Operating expenses may also be
included in Airport Leases for the cost of upkeep and maintenance of common areas and facilities
in and adjacent to the leased areas. A "Rate Structure" updated and approved by the Authority
annually will serve as a guide when negotiating fees.
Terms of Lease
All Leases: At the expiration of an existing commercial lease, or at any time during the tenure of
the lease, the current lessee (or a potential buyer of lessee’s interest in the lease) may submit a
request to the Authority for a new or revised lease to be executed, or to have the term of their lease
reevaluated. The Authority is not obligated to approve such a request, but will give serious
consideration to doing so when it has been shown that:
a. The Lessee is in good standing (i.e., compliant with existing lease terms and conditions).
b. The Authority has determined that there is no immediate need to use the property for
other aviation-related purposes when the current lease expires.
c. The existing/proposed property use is consistent with the Airport ALP, Master Plan, and
other relevant land use planning documents.
d. The Lessee can demonstrate that they are willing and able to optimize the use of Airport
property to the Authority’s full satisfaction.
e. The Lessee has made additional investments in leasehold improvements or created
additional new positions that exceed any requirements that were originally specified in
their lease agreement with the Authority.
16.G.1.a
Packet Pg. 1377 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
f. The interests of the public and the community as a whole are best served by the Lessee’s
continued presence on Airport property.
Unless the Lessee is proposing a substantial investment into either the existing improvements or
is proposing new improvements, the standard lease term should not be more than 5 years for
aviation leases where the improvements have either reverted to the Authority or are owned by the
Authority.
Long-Term Leases: The Collier County Airport Authority recognizes that allowing commercial
tenants to amortize their investments over a longer period of time can encourage further
investment in Airport property. To this end, the Authority will consider entering into a lease with
a term up to the maximum limit allowed by FDOT or the FAA (the more restrictive limit applying)
in those instances where a potential tenant has demonstrated to the Authority’s satisfaction that
they are prepared to make a significant investment in one or more of the following areas:
a. Make a significant initial capital investment in new construction on the property.
b. Make a significant capital investment in existing leasehold improvements.
c. Create (and maintain) a significant number of new jobs, at higher-than-average wages.
d. Make a significant investment in the extension of public infrastructure that will benefit
the Airport as a whole (i.e., roads, water, sewer, navigation aids, etc.).
The actual term of a lease (in years) will be determined using information supplied by the
applicant correlating to each of the following inputs:
a. The value (in terms of dollars) the tenant is prepared to invest in new construction and/or
improvements to existing aviation or commercial facilities located on the property.
b. Fifty percent (50%) of the actual purchase price of existing facilities located on the
property that the applicant intends to purchase from the previous tenant.
c. The value (in terms of dollars) the tenant is prepared to invest in Airport infrastructure.
d. The total number of new employees the company intends to hire over the next five years.
e. The average wage that will be paid to the tenant’s new workforce.
Long-term Leases: Business Retention Considerations. The Authority recognizes the importance
of retaining existing businesses that contribute substantially to the local economy. To this end,
the Authority may consider entering into a new lease with an existing tenant for a term up to the
maximum limit allowed by FDOT or the FAA (the more restrictive limit applying).
Long-term Leases: Land Lease Rent Obligation. Obligation to commence payment of the full land
lease rate begins on the first of the month, ninety (90) days from the lease agreement approval.
Long-term Leases: Timeframe for SDP(A) Approval. Lessee must secure Site Development Plan
(SDP) or Site Development Plan Amendment (SDPA) approval within 12 months of lease
execution, ensuring developments proceed in a timely manner and align with airport and
community planning objectives.
Long-term Leases: Start and Completion of Construction. Construction must commence within
fifteen (15) months of lease execution, with completion timelines specified based on the project
scope. Failure to meet these timelines may result in lease termination and forfeiture of rents
collected, emphasizing the importance of adherence to agreed schedules.
16.G.1.a
Packet Pg. 1378 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Title to Improvements
Title to all fixed improvements constructed or installed on leased or licensed premises shall remain
with the Lessee or Licensee during the term, and any renewals thereto, of the Agreement. Upon
termination of the Agreement, said improvements shall become the property of the Authority or, at
the Authority's sole option, the Authority may require the Lessee to remove said improvements and
restore the property to its original condition, all at no cost to the Airport or the County.
Materials
Terminal Building: The Authority will provide structural maintenance, heat and light, but will not
provide janitorial service, revamping or other day-to-day services in any tenant’s leased or
licensed area unless the applicable agreement specifies that the Authority shall be compensated
for such services.
Airfield: The Authority will maintain all public use runways, taxiways and aprons. Ramps and
aprons leased or otherwise provided to sub-tenants or any other occupants will be maintained by
the sub-tenants or occupant of any description.
Land and Building: Tenants may be required to provide all maintenance of land and utility
services to leased or licensed land and/or buildings. The Authority shall be sole judge of the
quality of maintenance and, upon written notice, may require immediate improved maintenance.
If such maintenance is not performed, the Authority may perform such maintenance and invoice
the costs of the maintenance to the Lessee, Licensee or occupant. Non-payment of said invoice
will be grounds to terminate the agreement that allows the occupant to occupy the property or
conduct the activities.
Assignment/Subletting/Sale of Stock/Sale of Facilities Constructed
The operation of any tenant on the airport shall be for the public interest and furtherance of airport
activity. Tenants are entrusted with the duty and obligation of providing the public with the
highest level of services and facilities, and it is therefore, necessary that the tenant's activities
and/or operations be subject to continuing scrutiny by the Authority, and that the tenant always
operate in a businesslike fashion, efficiently and always with courtesy to the public and to the staff
of the Authority. For these reasons the following shall always be required of tenants:
The Authority shall retain total control and exercise sole discretion over the assignment or any
method of changing or delivering to others any of the functions to be performed by the tenant, and
any such assignment shall have prior written approval by the Authority.
The tenant shall not have any right to sell, sublease, assign or transfer a lease without written
approval of the Authority. The Authority may require the approval in writing of the managing
officers and the chief executive officer of the tenant. The Authority may require that the original
owners of the corporation collectively own no less than fifty-one percent (51%) or more financial
interest in the assets of the tenant's corporation.
The Authority may elect to retain the right to review and approve the manager who runs the day-
to-day operations of the facilities under the lease. In the event the Authority is dissatisfied with
16.G.1.a
Packet Pg. 1379 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
said manager's performance, the Authority shall notify said tenant of the reasons for such
dissatisfaction, and the tenant shall remedy all such items of dissatisfaction identified by the
Authority including, but not limited to, replacement of said manager with a new manager
acceptable to and approved by the Authority. Failure to correct those problems shall be deemed
to be a serious breach of the lease and may be reason to terminate the lease.
Tenant may sublease a part of the leased area to others only after first receiving written approval
from the Authority.
The Authority shall collect reasonable fees from tenants who lease land, hangars, buildings
and/or other airport facilities constructed on airport-leased land.
Public Service Goals
The Federal Aviation Administration (FAA) contends that it is the prerogative of the airport owner
to impose “Minimum Standards” to establish the threshold entry criteria for those wishing to
engage in providing services to the general public on the airport. Those Minimum Standards
adopted by the Authority for a specific airport will automatically be incorporated into each lease
in order to ensure the level of public service is of a high quality, consistent with the goals of the
Authority. Remedy clauses will be included in all lease agreements for inadequate performance,
the quality of which will be determined solely by the Authority.
The Lessee or Licensee and all representatives must always deal in the utmost good faith with all
members of the staff of the Airport Authority, including its Division Director or Designee. Failure
to always deal in the utmost good faith shall be grounds to terminate the lease agreement.
Encumbrances
The Authority may permit a tenant to subordinate leasehold-owned improvements (NOT LAND)
for financing purposes, with a mortgage approved by the Authority. If such an arrangement is
permitted the mortgagee may be granted the right to cure any default including the assumption of
the lease. This encumbrance provision will assist private investment in financing capital
improvements, protect the mortgagee's interest, and does not endanger the interest of the
Authority. NOTICE: Obligations to pay rent and charges to the Authority shall not be
subordinated.
Indemnification and Insurance
To the maximum extent permitted by Florida law, the tenant shall indemnify and hold harmless
Collier County Airport Authority, Collier County, its officers and employees and contacts 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 does not pertain to any incident arising from the
sole negligence of the Authority.
The Tenant shall provide all insurance deemed appropriate by the Authority, as determined by the
Collier County Risk Management Division.
16.G.1.a
Packet Pg. 1380 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Taxes
Federal, state or local taxes not paid by Lessee or Licensee may be deemed sufficient cause to
cancel or terminate the lease.
Rules and Regulations
Airport rules and regulations shall be a part of each lease. Such regulations may be amended from
time-to-time by the Authority including such reasonable and uniform landing fees, rates or
charges, as may from time to time be levied for airfield operational privileges and/or services
provided at the Airport. Lessee shall also comply with any and all applicable governmental
statutes, rules, orders and regulations. A violation of any Airport rule or regulation may be deemed
sufficient cause for lease cancellation or termination by the Airport Authority.
Appraisals
Appraisals may be used for determining the Fair Market Value (FMV) of the highest and best use
of land and/or facilities the Airport leases. Appraisals shall be conducted by State Certified
General Appraisers. The Authority shall make the selection of the firm to conduct the work but
may endeavor to seek reimbursement from the Lessee or Licensee of the appraised property. Once
an appraisal is conducted for land and/or facilities, the Authority may apply the appraisal on other
similar land and/or facilities for up to five (5) years. If five years have lapsed since an appraisal
has been conducted, a new appraisal for that category may be conducted if it is determined that
the prior appraisal is out of date. In lieu of appraisals the Authority may, at its option, apply airport
industry standards for determining the FMV of granting privileges and leasing land and/or
facilities for aviation related or airport support agreements.
Variance
Prospective tenants who cannot meet the criteria identified in this Leasing Policy may make
application for variance through the Authority's Division Director. Upon reviewing justification
for such application, the Authority Board may grant a variance by affirmative majority vote during
one voting session. Variances are not favored and there must exist compelling reasons for the
granting of any variance. The basis for the variance must always be beyond the control of the
applicant for the variance. Economic hardship shall never be a valid basis upon which to grant
any variance.
Performance Bonds
Each Lessee or Licensee who enters into an agreement may be required to provide the Authority
with a surety bond equal to one year’s rental. In lieu of a surety bond, a tenant may be permitted
to deposit with the Authority an amount equal to one year's rental. Such money shall be deposited
in an interest-bearing trust account. The requirement of a bond permits the Authority to recover
damages in the event the tenant is in default. The bond or deposit serves in lieu of a lien by the
Authority on the tenant's leasehold interest and is not objectionable from the standpoint of
mortgage financing. In addition to rental deposits, construction performance bonds may be
required.
16.G.1.a
Packet Pg. 1381 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Relocation of Improvements
To protect the long-term interest of the Airport and its Lessees and Licensees, the Authority retains
the right to relocate or replace a tenant's improvements at another location in the event property
is required for developing or expansion purposes.
Zoning
All leases shall remain consistent with the Airport Master Plan, Airport Development Standards,
and the Airport Layout Plan (ALP), as well as the Collier County Comprehensive Land Use Plan.
Gross Receipts Language
Gross receipts as used herein shall be construed to mean the aggregate dollar amount of all sales
made and services performed (whether for cash or credit, or otherwise) of every kind and nature,
together with the aggregate dollar amount of all exchange goods, wares, merchandise and services
for all property air services, valued at the retail market price thereof, as if the same had been sold
for cash, or for the fair and reasonable value thereof, whichever is the greater, excluding only:
1. Refunds and discounts to customers, which have been included in gross sales.
2. The amount of any sales, use and excise taxes levied upon retail sales where such tax has
been charged to the customer.
Dominant Agreements
Any Lease, License or Operating Agreement with the Authority is 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. Leases, Li censes and Operating
Agreements are subject to FAA approval, which approval may be withdrawn. 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 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.
Other Lease Provisions
This Leasing Policy does not include all of the provisions of Airport leases. A copy of the Standard
Form Long Term Ground Lease Agreement is attached hereto as Exhibit I. Other provisions
including, but not limited to, the following may be included in airport agreements:
Use and Privileges Obligations of Lessee
Obligations of Lessor Leased Area
Maintenance Termination
Concessions Excluded Vending Machines
Trade Fixtures Government Inclusion
Notices No liens
Hazardous Substances Waivers
16.G.1.a
Packet Pg. 1382 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Right to Develop Airport Headings
Construction and Saving Improvements
Quiet Enjoyment Arbitration
Means of access to the premises Nondiscrimination
16.G.1.a
Packet Pg. 1383 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
SECTION IV
COLLIER COUNTY AIRPORT AUTHORITY
HANGAR WAITING LIST POLICY
FOR GENERAL AIRCRAFT HANGAR UNITS
1. Waiting List Process: When hangar space is not immediately available for assignment, a wait
list shall be established, prioritized by the date of receipt of the application by the Airport. The
term “aircraft storage space”, as used throughout this policy shall include:
A. General aircraft t-hangar units
B. Bulk storage or large hangar units
C. Storage units
Applicants for aircraft storage space shall contact the Collier County Airport Authority
(CCAA) to obtain the then current Hangar Reservation Form (Exhibit “A”) (as may be
amended from time-to-time). Separate lists for T-hangars and bulk/large hangar storage will
be maintained in order to property record those who wish to lease a hangar or hangar space.
Applicants must complete the then current form, return it to the Authority with a non-
refundable reservation fee per hangar, as stated on the most current reservation form. The
Operations Department will place the applicant on a waiting list in the order the reservation
forms are received. Applicants who do not then own an aircraft but plan to purchase or lease
one shall note this fact on the form. Applicants must be able to occupy an aircraft storage
space with the specified, or similar, airworthy aircraft within thirty (30) days of entering into
a T-hangar License Agreement.
2. Notification of Available Hangar Space:
When aircraft storage space becomes available (or when it becomes apparent that such space
will soon become available), such space will be offered to the applicants on the hangar waiting
list on a “first come, first serve” basis. Ranking is determined by date of actual, physical
receipt of a completed Hangar Reservation Form. It is the responsibility of the potential tenant
to keep the Authority informed of any changes to the point of contact such as, address, phone
number, etc.
Airport staff will attempt to contact the applicant up to three (3) times by email or phone. If
there is no response to the emails or phone calls, the next person on the wait list will be
contacted and offered the hangar. The unreachable potential tenant will be sent a certified
letter to which he/she must respond within two weeks from the date of receipt to remain on
the list in his/her relative position. If there is no response within the allotted time, he/she will
be removed from the list.
Once a potential tenant has been offered a hangar, he/she has forty-eight (48) hours to accept
or decline the offer. If the potential tenant accepts the space, an agreement will be sent by
email or standard mail. If the potential tenant fails to submit a signed agreement and/or cannot
fulfill the requirements set forth in the below Paragraph 4: “License,” he/she will be removed
from the waiting list. The next person on the wait list will be offered the hangar. Those who
decline hangar space for the first time will be placed on the bottom of the list unless removal
is requested. Those who decline hangar space for the second time will be removed from the
list and a follow-up letter verifying deletion from the list will be sent. If the hangar space
16.G.1.a
Packet Pg. 1384 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
being offered does not meet the space requirements for the potential tenant’s aircraft, the
potential tenant shall remain on the list in his/her original relative position.
3. Aircraft Storage Space definitions:
A. General Aircraft T-Hangars: These hangars have door openings width of forty-six (46)
feet or less. Ranking is based on applicant’s position on the waiting list and can
accommodate either twin or single engine aircraft.
B. Large/Bulk Storage Hangars: These hangars have door openings widths of forty-six (46)
feet or more. Ranking is based on applicant’s position on the waiting list and can
accommodate either single, twin, turboprop, or jet engine aircraft.
C. Storage Units: These units are at the end of T-hangars and are for storing aircraft and/or
related equipment. Ranking is based on applicant’s position on the waiting list.
4. License: Licensee shall provide proof of the following within 30 days of entering into an
agreement:
A. All aircraft stored in a CCAA hangar must be airworthy.
B. All hangars must be occupied by approved aircraft in accordance with this policy.
C. Rent shall be established by the Authority, and may be adjusted annually.
D. First month’s rent must be paid in advance.
E. Sub-licensing is authorized subject to the Authority’s approval of a sub-license agreement
and is limited to a maximum of (6) months in any one (1) year period.
F. The storage of anything other than aircraft, equipment appurtenant to aircraft, vehicles of
owners or passenger during flight, is not permitted without the express written consent of
the Authority.
G. Acceptable proof of aircraft ownership is required. Ownership is defined as owning a
minimum of 25% interest in an aircraft or having a fully executed lease for an aircraft.
5. Emergency Situations: In the event of an emergency, (e.g. hurricane or aircraft accident) any
vacant hangar is subject to aircraft temporary occupancy at the discretion of Division Director
or Designee, provided such occupancy is to protect the aircraft from potential exposure to
loss or damage because of the emergency.
16.G.1.a
Packet Pg. 1385 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
EXHIBIT A
COLLIER COUNTY AIRPORT AUTHORITY
HANGAR RESERVATION FORM
Name: Date:
Local Address:
Local Phone:
Other Address:
Email Address:
Other Phone:
Aircraft Type:
Aircraft N-Number:
* Aircraft Classification: Cabin Class:
Twin:
General:
Storage:
(*See policy for classification)
FOR COLLIER COUNTY AIRPORT AUTHORITY USE ONLY
1. Date received
2. Fee collected Date
3. Waiting list position #
4. Aircraft Classification:
5. Proof of Ownership:
Notes:
16.G.1.a
Packet Pg. 1386 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
EXHIBIT B
COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LONG-TERM GROUND LEASE
[BUSINESS NAME]
This Long-Term Ground Lease (hereinafter referred to as “Ground Lease”) is entered into
this day of , 20 , by and between [NAME],
corporation duly organized under the laws of Florida, whose mailing address is [ADDRESS]
hereinafter referred to as “Lessee”, and Collier County Airport Authority, whose mailing address
is 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, hereinafter referred to as “Lessor or
Authority,” collectively stated as the “Parties.”
W I T N E S S E T H:
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 Ground Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Ground Lease, and in
consideration of Lessee’s performance under this Ground Lease, the Lessor conveys to the Lessee
the present possessory interest in the Leased Land described below.
2. Description of Leased Land. The Leased Land which is the subject of this Ground
Lease is located at [Airport], Collier County, Florida, with a legal description set forth in Exhibit
“A,” hereinafter referred to as “Leased Land.”
3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
examined the title and boundaries of the Leased Land. Accordingly, this conveyance is subject to
all of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now
recorded against the Leased Land;
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 Ground
Lease.
4. Use of Leased Land. The purpose of this Ground Lease is for Lessee to construct
and a building containing approximately [x] square feet (“Building”), which use the Board of
County Commissioners has found to be in the public’s interest. The general design concepts, major
components of the facility are depicted and described in Exhibit “B”. Lessee agrees that the
Premises shall be used only for the construction (in accordance with the plans and specifications
to be provided to the Authority for its approval) and subsequent operation related facilities, as
further outlined in the attached addendum; no other use or occupancy is authorized or shall be
permitted. The Authority retains full control over the activities conducted on the
16.G.1.a
Packet Pg. 1387 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Premises by modifying, amending and interpreting the Rules and Regulations of the Authority.
Lessor shall have the right to terminate this Ground Lease should Lessee utilize the Leased Land
or the Building (referred to collectively hereinafter as the “Premises”) in any manner inconsistent
with the approved use.
5. Lessee’s Obligation to Build and Modifications to Building.
a. Lessee shall design, permit and construct a [Building] 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 Leased Land are
subject to reasonable approval by Lessor.
b. Prior to applying for any building permit for improvements to the Leased Land,
Lessee shall submit to Lessor for its approval such plans and specifications necessary to
obtain a building permit for Lessee’s intended improvements.
c. Lessor 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 Lessor may provide Lessee with requested
changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit
revised plans that will meet with Lessor’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 Lessor’s written approval, which
approval shall not be unreasonably withheld. All plans shall be in conformity with Collier
County standards.
d. Within 30 days after the effective date of this Agreement, Lessee shall provide
Lessor with Lessee’s proposed schedule for the submittal of Lessee’s application for all of
the permits that must be obtained prior to commencement of construction. On or before
the tenth day of each month thereafter, Lessee shall provide Authority written updates
concerning the status of each application. At minimum, the updates shall identify: (a) any
known or anticipated delay in the issuance of any permit; (b) the cause and anticipated
length of such delay; and (c) steps Lessee is taking to minimize the delay and otherwise
ensure the time issuance of permits. Lessee may not commence construction or perform
related sitework without a permit. Lessee shall provide written notice to Authority at least
two (2) business days prior to commencement of construction of the Building.
Construction must commence no later than 12 months from the date of this Ground Lease.
In the event Lessee does not commence construction within such period, then the Lessor
shall have the right to terminate this Lease and neither party shall have any further
obligations to the other party. 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 Lessor’s
roads, water and sewer facilities or other
16.G.1.a
Packet Pg. 1388 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
infrastructure located within or outside the Leased Land resulting from construction or use
by Lessee, its agents, officers or employees. Lessee must demonstrate to Lessor that it has
sufficient funds necessary to complete any proposed project, and Lessor 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.
6. Term of Ground 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 30th year
anniversary date of this Ground Lease. There is no option to renew and title to the Building shall
vest in the Authority on the 30th 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 agrees to pay the Lessor the sum of [$x] per square foot per
annum, in advance, for each year of the term. 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 [x] square feet.
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 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, 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 or Lessor’s use of
the Premises. In case any action or proceeding is brought against Lessor 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 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.
16.G.1.a
Packet Pg. 1389 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
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 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 Leased Land 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 Leased Land, including any buildings and improvements
thereon, 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, 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 Ground Lease. Accordingly, Lessee shall have the
exclusive right to use the Premises during the term of this Lease. During the term hereof, Lessee
may, in its sole discretion, improve, alter, maintain, or renovate the Building constructed by Lessee
on the Leased Land. Any such work may be undertaken by Lessee at any time or times during the
term hereof and no consent or approval of Lessor shall be required unless such work consists of
major alterations from plans and specifications originally approved by Lessor as more fully
provided for herein. Lessor agrees to co-operate with Lessee in connection with such construction
and agrees to execute any documents required by governmental authorities evidencing Lessee’s
rights hereunder and consenting to such work. During the term of this Ground Lease, Lessee may
erect appropriate signage on the Leased Land and the improvements constructed by L essee
thereon. Any such signage shall be in compliance with all applicable codes and ordinances.
12. Casualty and Condemnation
16.G.1.a
Packet Pg. 1390 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or
other casualty, and 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 this Ground 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 Ground Lease is not terminated as
set forth herein, or if the Leased Land 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 Leased Land to
substantially the condition as existed prior to the casualty.
b. Condemnation. Lessor may terminate this Lease 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 Ground 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 Lessor 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 Ground Lease is personal to Lessee. Accordingly, Lessee may
not assign this Ground Lease or sublet any portion of the building constructed on the Leased
16.G.1.a
Packet Pg. 1391 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Land by Lessee without the express prior written consent of the Lessor, which consent may be
withheld in Lessor’s sole discretion.
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, 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 Division, as set forth on the
attached Exhibit ‘C’.
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 Leased Land or discontinuation of Lessee’s operation.
ii. Lessee terminates or suspends the design, permitting, construction of the
Building for a period of thirty (30) days in any ninety (90) day period,
without the written consent of the Authority.
iii. A failure by Lessee to commence or complete construction as provide by
Paragraph 5 of this Lease.
16.G.1.a
Packet Pg. 1392 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
ii. Lessee’s material misrepresentation of any matter related to this Ground
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 Ground Lease to be taken under any writ of execution
and/or other process of law or equity.
vii. Lessee’s failure to utilize the Leased Land as set forth in the attached
addendum and Exhibit B.
viii. Any lien is filed against the Leased Land or Lessee’s interest therein or any
part thereof in violation of this Ground 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 Ground 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 Ground 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 Ground 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
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 Ground 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
16.G.1.a
Packet Pg. 1393 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
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 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 Ground Lease, or otherwise. Lessor shall be
entitled to reasonable attorneys fees and costs incurred arising out of
Lessee’s default under this Ground Lease.
c. Default by Lessor. Lessor shall in no event 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 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 Ground Lease, and also waives any claim it
might have to attorneys’ fees and costs arising out of Lessor’s breach of this Ground Lease.
Lessee’s remedies for Lessor’s default under this Ground 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 Ground 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
every such remedy will be cumulative and in addition to every other remedy given under
this Ground 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 Ground Lease by Lessee
and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this
16.G.1.a
Packet Pg. 1394 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Ground 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.
Miscellaneous Legal Matters
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 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 and uniform landing
fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or
services provided at the Airport. Lessee shall also comply with any and all applicable governmental
statutes, rules, orders and regulations.
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.
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 Ground
Lease, which are applicable to and preclude in whole or in part the Parties’ compliance with the
terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this Ground
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
16.G.1.a
Packet Pg. 1395 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
business days which, for purposes of this Ground Lease shall be any day other than a Saturday,
Sunday or legal public holiday. Notices shall be addressed as follows:
If to Lessor: Airport Manager
Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
CC: Real Property Management
3301 Tamiami Trail
Building W
Naples, Florida 34112
If to Lessee: [BUSINESS NAME]
[BUSINESS ADDRESS]
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 Ground 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 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 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.
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 Leased Land, nor
16.G.1.a
Packet Pg. 1396 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
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 Land.
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 (1) no person on the grounds of race, color, or national origin shall be excluded in
participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the
Premises; (2) that in the construction of any improvements on, over or under such land and the
furnishing of services thereon, no person on the grounds of race, color or national origin shall be
excluded from participating in, denied the benefits of, or otherwise subjected to discrimination; (3)
that the Lessee shall use the Premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as said regulations may be
amended. That in the event of breach of any of the above nondiscrimination covenants, Authority
shall have the right to terminate this Lease and to re-enter into another lease as if this Lease had
never been made or issued. The provision shall not be effective until the procedures of Title 49,
Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration
of appeal rights.
31. Dominant Agreements and Property Rights Reserved. This Lease is subordinate and
subject to all existing agreements between the Authority and the Federal Aviation Administration
(FAA), the Authority and the State of Florida, and the Authority and Collier County. Accordingly,
the Authority reserves the right to immediately terminate any lease that the FAA has found to
interfere with the safe operation and maintenance of the airport, or otherwise 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.
16.G.1.a
Packet Pg. 1397 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
32. Except as the content specifically otherwise requires, time is of the essence with
respect to all dates and time periods set forth in this Lease. Lessee shall execute this Ground Lease
prior to it being submitted for approval by the Board of County Commissioners. This Ground
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 Ground Lease, at Lessee’s sole cost and
expense.
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Ground
Lease the day and year first above written.
AS TO THE LESSEE:
By:
Witness (signature)
(Print Name and Title)
(print name)
Witness (signature)
(print name)
AS TO THE LESSOR:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By: By:
, Deputy Clerk CHAIRMAN
Approved as to form
and legality:
16.G.1.a
Packet Pg. 1398 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
[Any related special provisions to appear here.]
16.G.1.a
Packet Pg. 1399 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
[LEGAL DESCRIPTION]
16.G.1.a
Packet Pg. 1400 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
[USE / DEPICTION OF PROPOSED FACILITY]
16.G.1.a
Packet Pg. 1401 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Aviation Tenant Non-Aviation Tenant
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
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$ single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability
4. Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify
and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys’ fees and paralegals’ fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Lessee or anyone
employed or utilized by the Lessee in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not
pertain to any incident arising from the sole negligence of Collier County.
4. Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. Other insurance as Airport Liability Insurance $ Per Occurrence
noted: bodily injury and property damage
Hangarkeeper’s Liability $ Per Occurrence per
aircraft including premise liability
Aircraft Liability Insurance $ Per Occurrence
bodily injury and property damage
Pollution Liability Insurance $ Per Occurrence
bodily injury and property damage
Property Insurance – Replacement Cost-All Risks of Loss
6. Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to
meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance
provisions.
7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required
Insurance / Bond Type Required Limits
16.G.1.a
Packet Pg. 1402 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Page 17 of 17
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.
Lessee’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this Lease agreement.
Name of Firm Date
Lessee Signature
Print Name
Insurance Agency
Agent Name Telephone Number
16.G.1.a
Packet Pg. 1403 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
Page 18 of 17
EXHIBIT C
SOLICITATION SELECTION CRITERIA FRAMEWORK
The CCAA adopts a comprehensive set of criteria for evaluating lease solicitations. This framework
prioritizes financial benefits to the County while considering the strategic alignment and operational
impact of proposed uses of airport properties.
1. Financial Viability and Return (30-50 points)
a. Revenue to the County: Assesses the direct financial return to the County from the
proposed lease, including fixed rent payments and percentage of gross revenue
arrangements.
b. Financial Stability: Reviews the applicant’s financial records, creditworthiness, and
ability to fulfill financial commitments under the lease.
2. Compatibility with Strategic Goals (20-25 points)
a. Alignment with Master Plan: Considers how the proposed use aligns with the Airport
Master Plan and ALP, supporting the long-term vision for airport development.
b. Contribution to Airport Development: Evaluates the proposal's contribution to the
overall development and improvement of airport facilities and services.
c. Investment Value: Evaluates the lessee's proposed capital investment in the airport
property and its potential to enhance property value and generate long-term revenue
streams.
3. Operational Efficiency and Safety (15-20 points)
a. Impact on Airport Operations: Assesses the proposed use's impact on current and
future airport operations, ensuring it enhances or maintains operational efficiency.
b. Safety Standards Compliance: Evaluates the lessee's plan for complying with all
relevant safety standards and regulations to maintain a safe airport environment.
4. Environmental and Community Impact (10-15 points)
a. Sustainability Practices: Reviews the proposal's incorporation of sustainable practices
and its impact on environmental conservation at and around the airport.
b. Community Benefits: Considers the proposal's potential benefits to the local community,
including job creation, economic growth, and public service enhancements.
c. Job Creation: Proposals that show higher job creation are favored over those with fewer
jobs, all other factors being equal.
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Page 19 of 17
5. Innovation and Technology (5-10 points)
a. Adoption of New Technologies: Assesses the proposal's integration of innovative
technologies and practices in airport operations or infrastructure.
b. Future Flexibility: Evaluates the proposal's capacity to adapt to future technological
advancements and market changes, ensuring long-term viability.
Applications are reviewed by an Evaluation Committee, comprising airport staff, industry experts, and
others as desired. Each application is scored based on the outlined criteria, with a total of 100 points
available. Proposals achieving the highest scores that demonstrate a balance of financial return,
strategic alignment, operational efficiency, and community benefit will be prioritized for lease awards.
16.G.1.a
Packet Pg. 1405 Attachment: Collier County Airport Authority Leasing Policy (28441 : Airport Leasing Policy Update)
COLLIER COUNTY AIRPORT AUTHORITY
AIRPORT LEASING POLICY
Approved as to form and legal
Sufficiency:
COLLIER COUNTY AIRPORT AUTHORITY
Jennifer A. Belpedio
Assistant County Attorney
By: Penny Taylor
Chairman
Y:\Administration\Policies and Procedures\Policies\Leasing Policy
Adopted: 5/9/1994
Revised: 10/22/2001
Revised: 2/11/2002
Revised: 6/27/2017
Revised:
16.G.1.b
Packet Pg. 1406 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
TABLE OF CONTENTS
Page
SECTION I GENERAL POLICY . . . . . . . . . . . . . . . . . . 3
Agreement Classifications . . . . . . . . . . . . . 3
Agreements Required . . . . . . . . . . . . . . . . . 4
Lease/Operating Agreement Categories . . 4
SECTION II GENERAL GUIDELINES FOR AIRPORT AGREEMENTS .......... 6
Lease Application Process . . . . . . . . . . . . . . 6
Lease Proposal Review . . . . . . . . . . . . . . . . . 8
SECTION III LEASE RATES, TERMS AND PROVIDIONS . . . . . 10
Rates and Charges . . . . . . . . . . . . . . . . . . . . . . 10
Terms of Lease . . . . . . . . . . . . . . . . . . . . . . . . . 10
Title to Improvements . . . . . . . . . . . . . . . . . . . 112
Materials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Assignment/Subletting/. . . . . . . . . . . . . . . . . . . 12
Public Service Goals . . . . . . . . . . . . . . . . . . . . 13
Encumbrances . . . . . . . . . . . . . . . . . . . . . . . . . 13
Indemnification and Insurance . . . . . . . . . . . . 13
Taxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Rules and Regulations . . . . . . . . . . . . . . . . . . . 14
Appraisals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Variance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Performance Bonds . . . . . . . . . . . . . . . . . . . . . 14
Relocation of Improvements . . . . . . . . . . . . . . 145
Zoning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Gross Receipts Language . . . . . . . . . . . . . . . . . 15
Dominant Agreements. . . . . . . . . . . . . . . . . . . . 15
Other Lease Provisions . . . . . . . . . . . . . . . . . . 15
SECTION IV HANGAR WAITING LIST POLICY . . . . . 167
Collier County Airport Authority Hangar Waiting List
Policy for General Aircraft Hangar Units . . . 176
EXHIBIT A HANGAR RESERVATION FORM
EXHIBIT B STANDARD FORM LONG-TERM LEASE TEMPLATE
EXHIBIT C SOLICITATION SELECTION CRITERIA FRAMEWORK
16.G.1.b
Packet Pg. 1407 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
SECTION I
GENERAL POLICY
In order to promote and develop a fair and reasonable operating environment for all persons, firms,
or organizations who enter into agreements with the Collier County Airport Authority, hereinafter
referred to as the ‘Authority’,) to conduct a commercial or non-commercial operation on any of
its airports, hereinafter referred to as Airport, the following Policy is hereby adopted.
The Collier County Airport Authority operates the Immokalee Regional Airport, Everglades
Airpark and Marco Island Executive Airport in Collier County, Florida. As used herein the word
“tenant” is not limited to true tenants, but includes any individual, person or entity that has been
granted any right, license or privilege to occupy or use any property or conduct any activity
irrespective of the form of the agreement, permit, and/or license that grants any such right, license
or privilege.
The Authority hereby instructs the Division Director or Designee to ensure that reasonable efforts
are made when negotiating agreements (types and classifications listed below) to:
1. Promote market rents that are intended to make the Authority as financially self-
sufficient as possible.
2. Minimize operational costs in the leased areas to the Authority.
3. Foster growth of both aviation and non-aviation development (where appropriate) on
airport property.
4. Attract private capital investment for airport development.
5. Comply with Federal Aviation Administration (FAA) and State obligations, policies and
regulations.
Agreement Classifications
The Authority will entertain, at a minimum, the following four Agreement classifications:
LEASE AGREEMENTS: Agreements by which the Airport Authority leases land, building and/or
facility leases with airport tenants who maintain a valid lease agreement with the Authority.
SUBLEASE AGREEMENTS. These Agreements are used whereby a sub-lessee (in privity with
the Airport Authority) subleases some or all of the lessee’s rights and obligations to a sublessee.
LICENSE AGREEMENTS: Land, building and/or facility leases with granted privileges of
conducting aviation related or airport support operations. These agreements do not convey any
interest in real property or in any personal property. These agreements convey only a bare license
that has no interest coupled thereto. These agreements do not create any relationship of landlord
and tenant and no licensee has any rights as a tenant.
16.G.1.b
Packet Pg. 1408 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
OPERATING AGREEMENTS: Agreements granting the privilege of conducting aviation
specifically granted related activities or airport support operations. These are use license
agreements that do not convey any interest in real property or personal property.
Agreements Required
With the exception of transient (non-based) aeronautical operators, no person, firm, organization,
club, or other entity whatsoever shall be permitted to operate any business or commercial activity
on any airport or base and engage in any commercial or non-commercial activities at the respective
airport without an approved and fully executed lease, sublease, license, or operating agreement
with the Authority or fully approved and executed assignment of same. The intent of this
requirement is to protect the investment and privileges of bona fide operations on the airport and
to try to ensure that fees or charges will be required from every user of the airport. Provided,
however, that a business may be permitted to continue operation as a tenant at will after the
expiration of an approved lease, sublease, license and/or operating agreement while renewal or
extension negotiations are in progress and being conducted in good faith and there appear to be
prospects of coming to mutual agreement. The Division Director or Designee shall be the judge
of whether good faith negotiations with a viable prospect mutual agreement exists.
Lease/Operating Agreement Categories
1. Flight Training Service Center.
2. Aircraft Maintenance, Overhaul, and Parts Shop.
3. Specialized Commercial Flying Service.
4. Specialized Aircraft Repair Service.
5. Aircraft Hangar Storage.
6. Scheduled Passenger Air Carrier.
7. Non-Scheduled Passenger Air Carrier.
8. Cargo Air Carrier.
9. Non-Aviation Land and/or Building Lease.
10. On Airport Car Rental Operations.
11. Off Airport Car Rental Operations.
12. Courtesy Vehicle Operations.
13. Vending Machine Operations.
14. Airport brochure display/distribution operations.
15. Display Cabinet Operations.
16. Advertising signs on Airport.
17. Advertising signs off Airport.
18. Utility Easements.
19. Automobile Parking.
20. Food, Beverage, and/or Merchandising Concessions.
21. Government Leases.
22. Aviation Easements.
23. Operating Privilege Agreements.
24. Clubs.
25. Skydiving.
26. Hangar License Agreements.
27. Other.
16.G.1.b
Packet Pg. 1409 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Agreements, which the Authority shall not entertain:
Consistent with Department of Transportation, Federal Aviation Administration order 5190.6B,
the Authority shall retain proprietary exclusive rights of the following aeronautical services:
1. Sale of aircraft fuel to others.
2. Rental of ramp space to others for aircraft tie-downs or any other purpose.
The Authority shall not permit any tenant, licensee or other occupant of any airport to engage in
any of the above referenced aeronautical services. The Authority shall provide those aeronautical
services with its own employees and resources.
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
16.G.1.b
Packet Pg. 1410 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
SECTION II
GENERAL GUIDELINES FOR AIRPORT AGREEMENTS
The following guidelines shall be used when the Division Director or Designee negotiates
agreements. This policy is not all-inclusive and, where exclusions exist, application of
professional airport leasing practices shall be applied on a case-by-case basis.
Airport property is generally leased on a first come, first served basis, unless specifically exempted
in the “Lease Application Process.” If multiple parties are interested in leasing an available parcel
of Airport property, Authority staff shall seek competitive proposals via public advertisement on
the Airport Authority website and/or a newspaper of general circulation after establishing a
starting rent using an appraisal process or market analysis to set market value. If competitive
proposals are solicited, Airport staff, with the assistance of the Procurement Services Division,
will abide by the Procurement Ordinance #13-69, as amended, and this policy, and will make the
final selection based on criteria following under “Lease Application Process” and “Lease Proposal
Review.” Tenants in good standing whose property adjoins a parcel available for lease (whether
vacant or developed) will be given the first opportunity to lease the adjoining parcel.
Unless specifically exempted in the “Lease Application Process” or elsewhere in this Policy, all
persons or businesses seeking to become tenants at the Airport must first submit a fully completed
written application to the Division Director or Designee, together with any additional information
which may be requested by the Division Director or Designee, County Management or County
Attorney.
Lease requests will be reviewed and evaluated according to the stipulations outlined in this Policy,
and in terms of whether the proposed use conforms to each of the following overarching goals:
1. The use is shown to be appropriate and consistent with the ALP, Master Plan, and other
relevant land use planning documents that pertain to the Airport.
2. The use does not constitute a violation of any Airport Grant Assurances which have been
incorporated within a Grant Agreement entered by the Authority.
3. The use complies with all requirements and provisions contained in the adopted policies,
procedures and standards of the Airport and Collier County.
The information contained in the lease request should provide sufficient detail to enable the
Authority to adequately determine a potential tenant’s financial standing, their ability to undertake
construction in a timely manner (if the tenant is going to build on a vacant parcel), their ability
and experience to provide the services to the general aviation public or commercial aviation
industry (if the tenant is an aviation-related business), which are described in the proposal, and
the amount of investment in and the overall appearance of the facilities that are to be constructed
or leased by the tenant.
Lease Application Process (Including Subleases and Assignment of Leases)
(Note: Parties wishing to rent tie-downs, hangars, T-hangars solely for short-term (e.g. month-
to-month or year-to-year) storage of aircraft, and who do not desire or need significant
16.G.1.b
Packet Pg. 1411 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
leasehold improvements or other special accommodations, are exempt from the following
requirements.)
Any person, group of people, firm, corporation or organization desiring to conduct a commercial
activity of any type within the boundaries of the Airport must first secure written authorization
from the Authority to do so. Written authorization from the Authority is typically provided in the
form of a lease for building space or land area, but may also be in the form of an appropriate
permit allowing the activity in question to be conducted for a given period time on Airport
property.
The process for obtaining authorization for a commercial activity from the Authority begins with
an applicant submitting a written proposal, or Lease Application, which details the type of
operation(s) being proposed. Depending on the term of the lease being sought, or the size, scope,
and complexity of the commercial activity, an applicant may be requested by the Airport Manager
to provide some or all of the following information. In general, longer term lease requests will
require more information than shorter term requests. The Lease Application should include the
following:
1. A cover letter from the Applicant identifying the name of the business, a description of
the services or products to be provided, and the primary contact’s name, phone number
and email address.
2. A short description of the proposed commercial activity with sufficient narrative to
adequately explain the benefits of the activity to the Airport and local community.
3. A business plan that provides sufficient detail about the commercial activity being
proposed.
4. The names and contact information (mailing address, phone numbers, email, etc.) of all
parties having an interest in the business and those that will be directly responsible for
the day-to-day management of the business.
The amount and location (if known) of vacant property that the tenant desires to lease
(accompanied by a map showing the location of the property in question).
5. The type of facilities which are to be constructed, purchased or leased (whichever is
relevant).
6. The purchase price of existing facilities (where relevant).
7. The services to be offered, proposed hours of operation, projected employment broken
down by number of permanent and temporary employees, full-time and part-time
positions, job titles, average wage or wage scale anticipated to be paid, and the number
of aircraft (if any) that are to be based and/or operated at the Airport in conjunction with
the business.
8. Evidence of financial capability to provide the services and facilities proposed (this may
extend to providing a current financial statement and/or tax returns for the previous 3
years).
9. Evidence demonstrating a history of satisfactory performance of a similar commercial
activity at other sites (preferably airports), including dates and location. Record of any
insolvency or bankruptcy proceeding in any past business relationships over the past 10
years.
10. Aeronautical qualifications, including years of experience in the proposed operation, past
experience in other related activities, and four professional references.
11. Other information the Authority may require and specifically request.
16.G.1.b
Packet Pg. 1412 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Lease Proposal Review
Following receipt of an application to lease or sublease Airport land or facilities, or for an
Assignment of Lease, the Airport Manager will evaluate the submitted proposal for completeness
against the criteria outlined in the Lease Application Process. The Airport Manager may also
perform a background investigation relative to the applicant’s criminal history, credit worthiness
and past business performance. Incomplete proposals will be returned to the applicant.
Following review by Authority staff, applications may be denied for one or more of the following
reasons:
1. The application does not comply with or meet the provisions of this policy.
2. The applicant or their proposed operations fail to meet the qualifications, standards and
requirements enforced by the Authority or Collier County.
3. The applicant’s proposed operations or construction activities will create a safety or
security hazard.
4. The granting of the application will require unauthorized expenditure of Authority funds,
labor or materials on the land or facilities described in, or related to, the application.
5. The operation is unlikely to provide a positive rate of return.
6. There is no appropriate or adequate available space or facilities on the Airport property
to accommodate the activity of the applicant.
7. The proposed operation, development or construction contemplated does not conform to
the approved Airport Layout Plan or Airport Master Plan.
8. The development or use of the area requested will result in a congestion of aircraft or
buildings, or will result in excessive interference with the operations of other existing
tenants on the Airport, such as preventing free access and egress, or will result in
depriving, without adequate compensation, an existing tenant the use of portions of their
leased area.
9. A party applying, or having an interest in the business, has supplied false information, or
has misrepresented a material fact in the application or in supporting documents, or has
failed to make full disclosure on the application.
10. A party applying, or having an interest in the business, has a record of violating the rules
and regulations of the Authority, or those of any other airport, or the rules and
regulations of any State or Federal Agency.
11. A party applying, or having an interest in the business, has defaulted in the performance
of any lease or other agreement with the Authority or any lease or other agreement at any
other Airport.
12. A party applying, or having an interest in the business, is not sufficiently credit worthy
and responsible in the judgment of the Authority to provide and maintain the business to
which the application relates, and to promptly pay amounts due under its lease with the
Authority.
13. The applicant has committed a crime, or violated a local ordinance, rule, or regulation,
which adversely reflects on its ability to conduct the operation applied for, or otherwise
renders applicant unsuitable.
14. Any other reason that would result in an activity deemed not consistent with Airport
policy, or not to be in the best interest of the Authority and/or the Florida Aviation
System.
15. The applicant proposes a “Through the Fence” operation that is inconsistent with Section
136 of the FAA Modernization and Reform Act of 2012.
16.G.1.b
Packet Pg. 1413 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
The diagram shown below delineates the steps of a typical lease application process for review
and approval by the Airport Authority. Many of these steps are discussed in greater detail
elsewhere in this policy. Depending on the size, scope and complexity of the commercial activity
that is being proposed for a given parcel of land or facility, the time-frame to complete the entire
application process can vary from eight to sixteen weeks or more.
LEASE APPLICATION / PROPOSAL PROCESS
(Typically a 8 to 16 Week Process*)
Start
Finish
*Assumes that no reviews and/or approvals are needed from outside agencies.
•Review Application for
completeness and compliance
with Leasing Policy
•Perform Due Diligence
Research
•Undertake Development of
Lease Terms
•Prepare legal documents for
execution
Airport Manager/ County
Management/County Attorney
Lease Execution
Applicant/County
Attorney/Authority
Recommendation for
Approval/Denial to County
Commission
Airport Authority
Federal/State Approval
(Non-aviation uses ONLY)
FAA ADO/FDOT District 1
Submit Application for New Lease,
Sublease, or
Assignment of Existing Lease
Applicant
16.G.1.b
Packet Pg. 1414 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
SECTION III
LEASE RATES, TERMS AND PROVISIONS
Rates and Charges
FDOT/FAA guidelines require that the Authority be as financially self-sustaining as possible.
Whenever possible, rental rates for unimproved Airport land or existing hangars and related
facilities used for commercial aviation activities are set at market v alue of the property in use.
Market value will be determined through an appraisal or market analysis of comparable parcels
or structures undertaken by the Authority. A rate adjustment based on the Consumer Price Index–
Urban (CPI-U) for the southeast US region will be applied to leases on either a regular basis, but
no more than annually, between appraisals to facilitate parity between new and longstanding
tenants.
In an effort to stimulate economic development, support aviation industry growth, and encourage
airport property development, the Authority may consider a reduced rate for the following
property uses:
1. Large Scale Development
2. Aeronautical Manufacturing
3. Substantial aviation-related educational facilities (such as an FAA-certified A&P
Program or a Flight Training Program)
4. Any commercial business that creates and maintains new jobs that pay, on average, no
less than 115 percent of the average annual wage for Collier County, as determined by
the Collier County Office of Business and Economic Development
Each Airport tenant, subtenant, licensee or occupant user of the Airport shall pay the then
applicable and appropriate rate or fee for such tenancy or use. Operating expenses may also be
included in Airport Leases for the cost of upkeep and maintenance of common areas and facilities
in and adjacent to the leased areas. A "Rate Structure" updated and approved by the Authority
annually will serve as a guide when negotiating fees.
Terms of Lease
All Leases: At the expiration of an existing commercial lease, or at any time during the tenure of
the lease, the current lessee (or a potential buyer of lessee’s interest in the lease) may submit a
request to the Authority for a new or revised lease to be executed, or to have the term of their lease
reevaluated. The Authority is not obligated to approve such a request, but will give serious
consideration to doing so when it has been shown that:
a. The Lessee is in good standing (i.e., compliant with existing lease terms and conditions).
b. The Authority has determined that there is no immediate need to use the property for
other aviation-related purposes when the current lease expires.
c. The existing/proposed property use is consistent with the Airport ALP, Master Plan, and
other relevant land use planning documents.
d. The Lessee can demonstrate that they are willing and able to optimize the use of Airport
property to the Authority’s full satisfaction.
e. The Lessee has made additional investments in leasehold improvements or created
additional new positions that exceed any requirements that were originally specified in
their lease agreement with the Authority.
16.G.1.b
Packet Pg. 1415 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
f. The interests of the public and the community as a whole are best served by the Lessee’s
continued presence on Airport property.
Unless the Lessee is proposing a substantial investment into either the existing improvements or
is proposing new improvements, the standard lease term should not be more than 5 years for
aviation leases where the improvements have either reverted to the Authority or are owned by the
Authority.
Long -Term Leases: The Collier County Airport Authority recognizes that allowing commercial
tenants to amortize their investments over a longer period of time can encourage further
investment in Airport property. To this end, the Authority will consider entering into a lease with
a term up to the maximum limit allowed by FDOT or the FAA (the more restrictive limit applying)
in those instances where a potential tenant has demonstrated to the Authority’s satisfaction that
they are prepared to make a significant investment in one or more of the following areas:
a. Make a significant initial capital investment in new construction on the property.
b. Make a significant capital investment in existing leasehold improvements.
c. Create (and maintain) a significant number of new jobs, at higher-than-average wages.
d. Make a significant investment in the extension of public infrastructure that will benefit
the Airport as a whole (i.e., roads, water, sewer, navigation aids, etc.).
The actual term of a lease (in years) will be determined using information supplied by the
applicant correlating to each of the following inputs:
a. The value (in terms of dollars) the tenant is prepared to invest in new construction and/or
improvements to existing aviation or commercial facilities located on the property.
b. Fifty percent (50%) of the actual purchase price of existing facilities located on the
property that the applicant intends to purchase from the previous tenant.
c. The value (in terms of dollars) the tenant is prepared to invest in Airport infrastructure.
d. The total number of new employees the company intends to hire over the next five years.
e. The average wage that will be paid to the tenant’s new workforce.
Long-term Leases: Business Retention Considerations. The Authority recognizes the importance
of retaining existing businesses that contribute substantially to the local economy. To this end,
the Authority may consider entering into a new lease with an existing tenant for a term up to the
maximum limit allowed by FDOT or the FAA (the more restrictive limit applying).
Long-term Leases: Land Lease Rent Obligation. Obligation to commence payment of the full land
lease rate begins on the first of the month, ninety (90) days from the lease agreement approval.
Long-term Leases: Timeframe for SDP(A) Approval. Lessee must secure Site Development Plan
(SDP) or Site Development Plan Amendment (SDPA) approval within 12 months of lease
execution, ensuring developments proceed in a timely manner and align with airport and
community planning objectives.
Long-term Leases: Start and Completion of Construction. Construction must commence within
fifteen (15) months of lease execution, with completion timelines specified based on the project
scope. Failure to meet these timelines may result in lease termination and forfeiture of rents
collected, emphasizing the importance of adherence to agreed schedules.
16.G.1.b
Packet Pg. 1416 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Title to Improvements
Title to all fixed improvements constructed or installed on leased or licensed premises shall
remain with the Lessee or Licensee during the term, and any renewals thereto, of the
Agreement. Upon termination of the Agreement, said improvements shall become the property
of the Authority or, at the Authority's sole option, the Authority may require the Lessee to
remove said improvements and restore the property to its original condition, all at no cost to
the Airport or the County.
16.G.1.b
Packet Pg. 1417 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Materials
Terminal Building: The Authority will provide structural maintenance, heat and light, but will not
provide janitorial service, revamping or other day-to-day services in any tenant’s leased or
licensed area unless the applicable agreement specifies that the Authority shall be compensated
for such services.
Airfield: The Authority will maintain all public use runways, taxiways and aprons. Ramps and
aprons leased or otherwise provided to sub-tenants or any other occupants will be maintained by
the sub-tenants or occupant of any description.
Land and Building: Tenants may be required to provide all maintenance of land and utility
services to leased or licensed land and/or buildings. The Authority shall be sole judge of the
quality of maintenance and, upon written notice, may require immediate improved maintenance.
If such maintenance is not performed, the Authority may perform such maintenance and invoice
the costs of the maintenance to the Lessee, Licensee or occupant. Non-payment of said invoice
will be grounds to terminate the agreement that allows the occupant to occupy the property or
conduct the activities.
Assignment/Subletting/Sale of Stock/Sale of Facilities Constructed
The operation of any tenant on the airport shall be for the public interest and furtherance of airport
activity. Tenants are entrusted with the duty and obligation of providing the public with the
highest level of services and facilities, and it is therefore, necessary that the tenant's activities
and/or operations be subject to continuing scrutiny by the Authority, and that the tenant always
operate in a businesslike fashion, efficiently and always with courtesy to the public and to the staff
of the Authority. For these reasons the following shall be always beshall always be required of
tenants:
The Authority shall retain total control and exercise sole discretion over the assignment or any
method of changing or delivering to others any of the functions to be performed by the tenant, and
any such assignment shall have prior written approval by the Authority.
The tenant shall not have any right to sell, sublease, assign or transfer a lease without written
approval of the Authority. The Authority may require the approval in writing of the managing
officers and the chief executive officer of the tenant. The Authority may require that the original
owners of the corporation collectively own no less than fifty-one percent (51%) or more financial
interest in the assets of the tenant's corporation.
The Authority may elect to retain the right to review and approve the manager who runs the day-
to-day operations of the facilities under the lease. In the event the Authority is dissatisfied with
said manager's performance, the Authority shall notify said tenant of the reasons for such
dissatisfaction, and the tenant shall remedy all such items of dissatisfaction identified by the
Authority including, but not limited to, replacement of said manager with a new manager
acceptable to and approved by the Authority. Failure to correct those problems shall be deemed
to be a serious breach of the lease and may be reason to terminate the lease.
Tenant may sublease a part of the leased area to others only after first receiving written approval
from the Authority.
16.G.1.b
Packet Pg. 1418 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
The Authority shall collect reasonable fees from tenants who lease land, hangars, buildings
and/or other airport facilities constructed on airport-leased land.
Public Service Goals
The Federal Aviation Administration (FAA) contends that it is the prerogative of the airport owner
to impose “Minimum Standards” to establish the threshold entry criteria for those wishing to
engage in providing services to the general public on the airport. Those Minimum Standards
adopted by the Authority for a specific airport will automatically be incorporated into each lease
in order to ensure the level of public service is of a high quality, consistent with the goals of the
Authority. Remedy clauses will be included in all lease agreements for inadequate performance,
the quality of which will be determined solely by the Authority.
The Lessee or Licensee and all representatives must always deal in the utmost good faith with all
members of the staff of the Airport Authority, including its Division Director or Designee. Failure
to always deal in the utmost good faith shall be grounds to terminate the lease agreement.
Encumbrances
The Authority may permit a tenant to subordinate leasehold-owned improvements (NOT LAND)
for financing purposes, with a mortgage approved by the Authority. If such an arrangement is
permitted the mortgagee may be granted the right to cure any default including the assumption of
the lease. This encumbrance provision will assist private investment in financing capital
improvements, protect the mortgagee's interest, and does not endanger the interest of the
Authority. NOTICE: Obligations to pay rent and charges to the Authority shall not be
subordinated.
Indemnification and Insurance
To the maximum extent permitted by Florida law, the tenant shall indemnify and hold harmless
Collier County Airport Authority, Collier County, its officers and employees and contacts 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 does not pertain to any incident arising from the
sole negligence of the Authority.
The Tenant shall provide all insurance deemed appropriate by the Authority, as determined by the
Collier County Risk Management Division.
Taxes
Federal, state or local taxes not paid by Lessee or Licensee may be deemed sufficient cause to
cancel or terminate the lease.
16.G.1.b
Packet Pg. 1419 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Rules and Regulations
Airport rules and regulations shall be a part of each lease. Such regulations may be amended from
time-to-time by the Authority including such reasonable and uniform landing fees, rates or
charges, as may from time to time be levied for airfield operational privileges and/or services
provided at the Airport. Lessee shall also comply with any and all applicable governmental
statutes, rules, orders and regulations. A violation of any Airport rule or regulation may be deemed
sufficient cause for lease cancellation or termination by the Airport Authority.
Appraisals
Appraisals may be used for determining the Fair Market Value (FMV) of the highest and best use
of land and/or facilities the Airport leases. Appraisals shall be conducted by State Certified
General Appraisers. The Authority shall make the selection of the firm to conduct the work but
may endeavor to seek reimbursement from the Lessee or Licensee of the appraised property. Once
an appraisal is conducted for land and/or facilities, the Authority may apply the appraisal on other
similar land and/or facilities for up to five (5) years. If five years have lapsed since an appraisal
has been conducted, a new appraisal for that category may be conducted if it is determined that
the prior appraisal is out of date. In lieu of appraisals the Authority may, at its option, apply airport
industry standards for determining the FMV of granting privileges and leasing land and/or
facilities for aviation related or airport support agreements.
Variance
Prospective tenants who cannot meet the criteria identified in this Leasing Policy may make
application for variance through the Authority's Division Director. Upon reviewing justification
for such application, the Authority Board may grant a variance by affirmative majority vote during
one voting session. Variances are not favored and there must exist compelling reasons for the
granting of any variance. The basis for the variance must always be beyond the control of the
applicant for the variance. Economic hardship shall never be a valid basis upon which to grant
any variance.
Performance Bonds
Each Lessee or Licensee who enters into an agreement may be required to provide the Authority
with a surety bond equal to one year’s rental. In lieu of a surety bond, a tenant may be permitted
to deposit with the Authority an amount equal to one year's rental. Such money shall be deposited
in an interest-bearing trust account. The requirement of a bond permits the Authority to recover
damages in the event the tenant is in default. The bond or deposit serves in lieu of a lien by the
Authority on the tenant's leasehold interest and is not objectionable from the standpoint of
mortgage financing. In addition to rental deposits, construction performance bonds may be
required.
Relocation of Improvements
To protect the long-term interest of the Airport and its Lessees and Licensees, the Authority retains
the right to relocate or replace a tenant's improvements at another location in the event property
is required for developing or expansion purposes.
16.G.1.b
Packet Pg. 1420 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Zoning
All leases shall remain consistent with the Airport Master Plan, Airport Development Standards,
and the Airport Layout Plan (ALP), as well as the Collier County Comprehensive Land Use Plan.
Gross Receipts Language
Gross receipts as used herein shall be construed to mean the aggregate dollar amount of all sales
made and services performed (whether for cash or credit, or otherwise) of every kind and nature,
together with the aggregate dollar amount of all exchange goods, wares, merchandise and services
for all property air services, valued at the retail market price thereof, as if the same had been sold
for cash, or for the fair and reasonable value thereof, whichever is the greater, excluding only:
1. Refunds and discounts to customers, which have been included in gross sales.
2. The amount of any sales, use and excise taxes levied upon retail sales where such tax has
been charged to the customer.
Dominant Agreements
Any Lease, License or Operating Agreement with the Authority is 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. Leases, Li censes and Operating
Agreements are subject to FAA approval, which approval may be withdrawn. 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 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.
Other Lease Provisions
This Leasing Policy does not include all of the provisions of Airport leases. A copy of the Standard
Form Long Term Ground Lease Agreement is attached hereto as Exhibit I. Other provisions
including, but not limited to, the following may be included in airport agreements:
Use and Privileges Obligations of Lessee
Obligations of Lessor Leased Area
Maintenance Termination
Concessions Excluded Vending Machines
Trade Fixtures Government Inclusion
Notices No liens
Hazardous Substances Waivers
Right to Develop Airport Headings
Construction and Saving Improvements
Quiet Enjoyment Arbitration
16.G.1.b
Packet Pg. 1421 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Means of access to the premises Nondiscrimination
16.G.1.b
Packet Pg. 1422 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
SECTION IV
COLLIER COUNTY AIRPORT AUTHORITY
HANGAR WAITING LIST POLICY
FOR GENERAL AIRCRAFT HANGAR UNITS
1. Waiting List Process: When hangar space is not immediately available for assignment, a wait
list shall be established, prioritized by the date of receipt of the application by the Airport. The
term “aircraft storage space”, as used throughout this policy shall include:
A. General aircraft t-hangar units
B. Bulk storage or large hangar units
C. Storage units
Applicants for aircraft storage space shall contact the Collier County Airport Authority
(CCAA) to obtain the then current Hangar Reservation Form (Exhibit “A”) (as may be
amended from time-to-time). Separate lists for T-hangars and bulk/large hangar storage will
be maintained in order to property record those who wish to lease a hangar or hangar space.
Applicants must complete the then current form, return it to the Authority with a non-
refundable reservation fee per hangart, as stated on the most current reservation form. The
Operations Department will place the applicant on a waiting list in the order the reservation
forms are received. Applicants who do not then own an aircraft but plan to purchase or lease
one shall note this fact on the form. Applicants must be able to occupy an aircraft storage
space with the specified, or similar, airworthy aircraft within thirty (30) days of entering into
a T-hangar License Agreement.
2. Notification of Available Hangar Space:
When aircraft storage space becomes available (or when it become apparent that such space
will soon become available), such space will be offered to the applicants on the hangar waiting
list on a “first come, first serve” basis. Ranking is determined by date of actual, physical
receipt of a completed Hangar Reservation Form. It is the responsibility of the potential tenant
to keep the Authority informed of any changes to the point of contact such as, address, phone
number, etc.
Airport staff will attempt to contact the applicant up to three (3) times by email or phone. If
there is no response to the emails or phone calls, the next person on the wait list will be
contacted and offered the hangar. The unreachable potential tenant will be sent a certified
letter to which he/she must respond within two weeks from the date of receipt to remain on
the list in his/her relative position. If there is no response within the allotted time, he/she will
be removed from the list. and the deposit will be forfeited.
Once a potential tenant has been offered a hangar, he/she has forty-eight (48) hours to accept
or decline the offer. If the potential tenant accepts the space, an agreement will be sent by
email or standard mail. If the potential tenant fails to submit a signed agreement and/or cannot
fulfill the requirements set forth in the below Paragraph 4: “License,” he/she shall forfeit the
deposit and will be removed from the waiting list. The next person on the wait list will be
offered the hangar. Those who decline hangar space for the first time will be placed on the
bottom of the list, unless removal is requested. Those who decline hangar space for the second
time will be removed from the list and will forfeit any deposit, and a follow-up
16.G.1.b
Packet Pg. 1423 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
letter verifying deletion from the list will be sent. If the hangar space being offered does not
meet the space requirements for the potential tenant’s aircraft, the potential tenant shall remain
on the list in his/her original relative position.
3. Aircraft Storage Space definitions:
A. General Aircraft T-Hangars: These hangars have door openings width of forty-six (46)
feet or less. Ranking is based on applicant’s position on the waiting list and can
accommodate either twin or single engine aircraft.
B. Large/Bulk Storage Hangars: These hangars have door openings widths of forty-six (46)
feet or more. Ranking is based on applicant’s position on the waiting list and can
accommodate either single, twin, turboprop, or jet engine aircraft.
C. Storage Units: These units are at the end of T-hangars and are for storing aircraft and/or
related equipment. Ranking is based on applicant’s position on the waiting list.
4. License: Licensee shall provide proof of the following within 30 days of entering into an
agreement:
A. All aircraft stored in a CCAA hangar must be airworthy.
B. All hangars must be occupied by approved aircraft in accordance with this policy.
C. Rent shall be established by the Authority, and may be adjusted annually.
D. First month’s rent must be paid in advance.
E. Sub-licensing is authorized subject to the Authority’s approval of a sub-license agreement
and is limited to a maximum of (6) months in any one (1) year period.
F. The storage of anything other than aircraft, equipment appurtenant to aircraft, vehicles of
owners or passenger during flight, is not permitted without the express written consent of
the Authority.
G. Acceptable proof of aircraft ownership is required. Ownership is defined as owning a
minimum of 25% interest in an aircraft or having a fully executed lease for an aircraft.
5. Emergency Situations: In the event of an emergency, (e.g. hurricane or aircraft accident) any
vacant hangar is subject to aircraft temporary occupancy at the discretion of Division Director
or Designee, provided such occupancy is to protect the aircraft from potential exposure to
loss or damage because of the emergency.
16.G.1.b
Packet Pg. 1424 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
EXHIBIT “A”
COLLIER COUNTY AIRPORT AUTHORITY
HANGAR RESERVATION FORM
Name: Date:
Local Address:
Local Phone:
Other Address:
Email Address:
Other Phone:
Aircraft Type:
Aircraft N-Number:
* Aircraft Classification: Cabin Class:
Twin:
General:
Storage:
(*See policy for classification)
FOR COLLIER COUNTY AIRPORT AUTHORITY USE ONLY
1. Date received
2. Fee collected Date
3. Waiting list position #
4. Aircraft Classification:
5. Proof of Ownership:
Notes:
16.G.1.b
Packet Pg. 1425 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
EXHIBIT B
COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LONG-TERM GROUND LEASE
[BUSINESS NAME]
This Long-Term Ground Lease (hereinafter referred to as “Ground Lease”) is entered into
this day of , 20 , by and between [NAME],
corporation duly organized under the laws of Florida, whose mailing address is [ADDRESS]
hereinafter referred to as “Lessee”, and Collier County Airport Authority, whose mailing address
is 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, hereinafter referred to as “Lessor or
Authority,” collectively stated as the “Parties.”
W I T N E S S E T H:
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 Ground Lease on the following terms and
conditions:
1. Conveyance. On the terms and conditions set forth in this Ground Lease, and in
consideration of Lessee’s performance under this Ground Lease, the Lessor conveys to the Lessee
the present possessory interest in the Leased Land described below.
2. Description of Leased Land. The Leased Land which is the subject of this Ground
Lease is located at [Airport], Collier County, Florida, with a legal description set forth in Exhibit
“A,” hereinafter referred to as “Leased Land.”
3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
examined the title and boundaries of the Leased Land. Accordingly, this conveyance is subject to
all of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now
recorded against the Leased Land;
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 Ground
Lease.
4. Use of Leased Land. The purpose of this Ground Lease is for Lessee to construct
and a building containing approximately [x] square feet (“Building”), which use the Board of
County Commissioners has found to be in the public’s interest. The general design concepts, major
components of the facility are depicted and described in Exhibit “B”. Lessee agrees that the
Premises shall be used only for the construction (in accordance with the plans and specifications
to be provided to the Authority for its approval) and subsequent operation related facilities, as
further outlined in the attached addendum; no other use or occupancy is authorized or shall be
permitted. The Authority retains full control over the activities conducted on the
16.G.1.b
Packet Pg. 1426 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Premises by modifying, amending and interpreting the Rules and Regulations of the Authority.
Lessor shall have the right to terminate this Ground Lease should Lessee utilize the Leased Land
or the Building (referred to collectively hereinafter as the “Premises”) in any manner inconsistent
with the approved use.
5. Lessee’s Obligation to Build and Modifications to Building.
a. Lessee shall design, permit and construct a [Building] 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 Leased Land are
subject to reasonable approval by Lessor.
b. Prior to applying for any building permit for improvements to the Leased Land,
Lessee shall submit to Lessor for its approval such plans and specifications necessary to
obtain a building permit for Lessee’s intended improvements.
c. Lessor 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 Lessor may provide Lessee with requested
changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit
revised plans that will meet with Lessor’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 Lessor’s written approval, which
approval shall not be unreasonably withheld. All plans shall be in conformity with Collier
County standards.
d. Within 30 days after the effective date of this Agreement, Lessee shall provide
Lessor with Lessee’s proposed schedule for the submittal of Lessee’s application for all of
the permits that must be obtained prior to commencement of construction. On or before
the tenth day of each month thereafter, Lessee shall provide Authority written updates
concerning the status of each application. At minimum, the updates shall identify: (a) any
known or anticipated delay in the issuance of any permit; (b) the cause and anticipated
length of such delay; and (c) steps Lessee is taking to minimize the delay and otherwise
ensure the time issuance of permits. Lessee may not commence construction or perform
related sitework without a permit. Lessee shall provide written notice to Authority at least
two (2) business days prior to commencement of construction of the Building.
Construction must commence no later than 12 months from the date of this Ground Lease.
In the event Lessee does not commence construction within such period, then the Lessor
shall have the right to terminate this Lease and neither party shall have any further
obligations to the other party. 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 Lessor’s
roads, water and sewer facilities or other
16.G.1.b
Packet Pg. 1427 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
infrastructure located within or outside the Leased Land resulting from construction or use
by Lessee, its agents, officers or employees. Lessee must demonstrate to Lessor that it has
sufficient funds necessary to complete any proposed project, and Lessor 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.
6. Term of Ground 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 30th year
anniversary date of this Ground Lease. There is no option to renew and title to the Building shall
vest in the Authority on the 30th 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 agrees to pay the Lessor the sum of [$x] per square foot per
annum, in advance, for each year of the term. 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 [x] square feet.
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 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, 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 or Lessor’s use of
the Premises. In case any action or proceeding is brought against Lessor 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 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.
16.G.1.b
Packet Pg. 1428 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
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 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 Leased Land 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 Leased Land, including any buildings and improvements
thereon, 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, 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 Ground Lease. Accordingly, Lessee shall have the
exclusive right to use the Premises during the term of this Lease. During the term hereof, Lessee
may, in its sole discretion, improve, alter, maintain, or renovate the Building constructed by Lessee
on the Leased Land. Any such work may be undertaken by Lessee at any time or times during the
term hereof and no consent or approval of Lessor shall be required unless such work consists of
major alterations from plans and specifications originally approved by Lessor as more fully
provided for herein. Lessor agrees to co-operate with Lessee in connection with such construction
and agrees to execute any documents required by governmental authorities evidencing Lessee’s
rights hereunder and consenting to such work. During the term of this Ground Lease, Lessee may
erect appropriate signage on the Leased Land and the improvements constructed by Lessee
thereon. Any such signage shall be in compliance with all applicable codes and ordinances.
12. Casualty and Condemnation
16.G.1.b
Packet Pg. 1429 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or
other casualty, and 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 this Ground 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 Ground Lease is not terminated as
set forth herein, or if the Leased Land 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 Leased Land to
substantially the condition as existed prior to the casualty.
b. Condemnation. Lessor may terminate this Lease 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 Ground 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 Lessor 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 Ground Lease is personal to Lessee. Accordingly, Lessee may
not assign this Ground Lease or sublet any portion of the building constructed on the Leased
16.G.1.b
Packet Pg. 1430 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Land by Lessee without the express prior written consent of the Lessor, which consent may be
withheld in Lessor’s sole discretion.
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, 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 Division, as set forth on the
attached Exhibit ‘C’.
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 Leased Land or discontinuation of Lessee’s operation.
ii. Lessee terminates or suspends the design, permitting, construction of the
Building for a period of thirty (30) days in any ninety (90) day period,
without the written consent of the Authority.
iii. A failure by Lessee to commence or complete construction as provide by
Paragraph 5 of this Lease.
16.G.1.b
Packet Pg. 1431 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
ii. Lessee’s material misrepresentation of any matter related to this Ground
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 Ground Lease to be taken under any writ of execution
and/or other process of law or equity.
vii. Lessee’s failure to utilize the Leased Land as set forth in the attached
addendum and Exhibit B.
viii. Any lien is filed against the Leased Land or Lessee’s interest therein or any
part thereof in violation of this Ground 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 Ground 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 Ground 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 Ground 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
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 Ground 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
16.G.1.b
Packet Pg. 1432 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
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 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 Ground Lease, or otherwise. Lessor shall be
entitled to reasonable attorneys fees and costs incurred arising out of
Lessee’s default under this Ground Lease.
c. Default by Lessor. Lessor shall in no event 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 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 Ground Lease, and also waives any claim it
might have to attorneys’ fees and costs arising out of Lessor’s breach of this Ground Lease.
Lessee’s remedies for Lessor’s default under this Ground 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 Ground 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
every such remedy will be cumulative and in addition to every other remedy given under
this Ground 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 Ground Lease by Lessee
and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this
16.G.1.b
Packet Pg. 1433 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Ground 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.
Miscellaneous Legal Matters
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 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 and uniform landing
fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or
services provided at the Airport. Lessee shall also comply with any and all applicable governmental
statutes, rules, orders and regulations.
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.
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 Ground
Lease, which are applicable to and preclude in whole or in part the Parties’ compliance with the
terms of this Ground Lease, then in such event this Ground Lease shall be modified or revoked as
is necessary to comply with such laws, in a manner which best reflects the intent of this Ground
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
16.G.1.b
Packet Pg. 1434 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
business days which, for purposes of this Ground Lease shall be any day other than a Saturday,
Sunday or legal public holiday. Notices shall be addressed as follows:
If to Lessor: Airport Manager
Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
CC: Real Property Management
3301 Tamiami Trail
Building W
Naples, Florida 34112
If to Lessee: [BUSINESS NAME]
[BUSINESS ADDRESS]
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 Ground 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 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 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.
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 Leased Land, nor
16.G.1.b
Packet Pg. 1435 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
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 Land.
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 (1) no person on the grounds of race, color, or national origin shall be excluded in
participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the
Premises; (2) that in the construction of any improvements on, over or under such land and the
furnishing of services thereon, no person on the grounds of race, color or national origin shall be
excluded from participating in, denied the benefits of, or otherwise subjected to discrimination; (3)
that the Lessee shall use the Premises in compliance with all other requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as said regulations may be
amended. That in the event of breach of any of the above nondiscrimination covenants, Authority
shall have the right to terminate this Lease and to re-enter into another lease as if this Lease had
never been made or issued. The provision shall not be effective until the procedures of Title 49,
Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration
of appeal rights.
31. Dominant Agreements and Property Rights Reserved. This Lease is subordinate and
subject to all existing agreements between the Authority and the Federal Aviation Administration
(FAA), the Authority and the State of Florida, and the Authority and Collier County. Accordingly,
the Authority reserves the right to immediately terminate any lease that the FAA has found to
interfere with the safe operation and maintenance of the airport, or otherwise 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
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Packet Pg. 1436 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
32. Except as the content specifically otherwise requires, time is of the essence with
respect to all dates and time periods set forth in this Lease. Lessee shall execute this Ground Lease
prior to it being submitted for approval by the Board of County Commissioners. This Ground
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 Ground Lease, at Lessee’s sole cost and
expense.
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Ground
Lease the day and year first above written.
AS TO THE LESSEE:
By:
Witness (signature)
(Print Name and Title)
(print name)
Witness (signature)
(print name)
AS TO THE LESSOR:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By: By:
, Deputy Clerk CHAIRMAN
Approved as to form
and legality:
16.G.1.b
Packet Pg. 1437 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
[Any related special provisions to appear here.]
16.G.1.b
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[LEGAL DESCRIPTION]
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[USE / DEPICTION OF PROPOSED FACILITY]
16.G.1.b
Packet Pg. 1440 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Aviation Tenant Non-Aviation Tenant
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
Liability (Occurrence Form)
patterned after the current
ISO form
Bodily Injury and Property Damage
$ single limit per occurrence, $2,000,000 aggregate for Bodily Injury
Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations and
Contractual Liability
4. Indemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify
and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys’ fees and paralegals’ fees, to the extent caused by the negligence,
recklessness, or intentionally wrongful conduct of the Lessee or anyone
employed or utilized by the Lessee in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an
indemnified party or person described in this paragraph. This section does not
pertain to any incident arising from the sole negligence of Collier County.
4. Automobile Liability $ Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. Other insurance as Airport Liability Insurance $ Per Occurrence
noted: bodily injury and property damage
Hangarkeepers Liability $ Per Occurrence per
aircraft including premise liability
Aircraft Liability Insurance $ Per Occurrence
bodily injury and property damage
Pollution Liability Insurance $ Per Occurrence
bodily injury and property damage
Property Insurance – Replacement Cost-All Risks of Loss
6. Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to
meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance
provisions.
7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial
General Liability where required
Insurance / Bond Type Required Limits
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Page 17 of 17
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.
Lessee’s Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this Lease agreement.
Name of Firm Date
Lessee Signature
Print Name
Insurance Agency
Agent Name Telephone Number
16.G.1.b
Packet Pg. 1442 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)
Page 18 of 17
EXHIBIT C
SOLICITATION SELECTION CRITERIA FRAMEWORK
The CCAA adopts a comprehensive set of criteria for evaluating lease solicitations. This framework
prioritizes financial benefits to the County while considering the strategic alignment and operational
impact of proposed uses of airport properties.
1. Financial Viability and Return (30-50 points)
a. Revenue to the County: Assesses the direct financial return to the County from the
proposed lease, including fixed rent payments and percentage of gross revenue
arrangements.
b. Financial Stability: Reviews the applicant’s financial records, creditworthiness, and
ability to fulfill financial commitments under the lease.
2. Compatibility with Strategic Goals (20-25 points)
a. Alignment with Master Plan: Considers how the proposed use aligns with the Airport
Master Plan and ALP, supporting the long-term vision for airport development.
b. Contribution to Airport Development: Evaluates the proposal's contribution to the
overall development and improvement of airport facilities and services.
c. Investment Value: Evaluates the lessee's proposed capital investment in the airport
property and its potential to enhance property value and generate long-term revenue
streams.
3. Operational Efficiency and Safety (15-20 points)
a. Impact on Airport Operations: Assesses the proposed use's impact on current and
future airport operations, ensuring it enhances or maintains operational efficiency.
b. Safety Standards Compliance: Evaluates the lessee's plan for complying with all
relevant safety standards and regulations to maintain a safe airport environment.
4. Environmental and Community Impact (10-15 points)
a. Sustainability Practices: Reviews the proposal's incorporation of sustainable practices
and its impact on environmental conservation at and around the airport.
b. Community Benefits: Considers the proposal's potential benefits to the local community,
including job creation, economic growth, and public service enhancements.
c. Job Creation: Proposals that show higher job creation are favored over those with fewer
jobs, all other factors being equal.
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Page 19 of 17
5. Innovation and Technology (5-10 points)
a. Adoption of New Technologies: Assesses the proposal's integration of innovative
technologies and practices in airport operations or infrastructure.
b. Future Flexibility: Evaluates the proposal's capacity to adapt to future technological
advancements and market changes, ensuring long-term viability.
Applications are reviewed by an Evaluation Committee, comprising airport staff, industry experts, and
others as desired. Each application is scored based on the outlined criteria, with a total of 100 points
available. Proposals achieving the highest scores that demonstrate a balance of financial return,
strategic alignment, operational efficiency, and community benefit will be prioritized for lease awards.
16.G.1.b
Packet Pg. 1444 Attachment: Collier County Airport Authority Leasing Policy - Tracked Changes (28441 : Airport Leasing Policy Update)