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Backup Documents 06/11/2024 Item #16G 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO G 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 3. County Attorney Office County Attorney Office 3A1: 4 z/rz-/z% 4. BCC Office Board of County Commissioners r✓� J,,// 5. Minutes and Records Clerk of Court's Office (�i1 ��24 `D�p4 Send via email to Bryant Garrett: "a P Bryant.Garrett@colliercountyfl.gov PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Bryant Garrett Phone Number (239)252-8425 Contact/Department Agenda Date Item was 6/11/2024 Agenda Item Number 16.G.2 Approved by the BCC Type of Document(s) Leasehold Agreement Number of Original 1 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? DH 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by DH the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney N/A Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the DH document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's DH signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 6/11/2024_and all changes made N/A is not during the meeting have been incorporated in the attached document. The County ,..9140 an option for Attorney Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the .5 q�� an option for Chairman's signature. this line. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21 t6G2 COLLIER COUNTY AIRPORT AUTHORITY LEASEHOLD AGREEMENT FOR HANGAR CONSTRUCTION t4 THIS LEASEHOLD AGREEMENT (this "Lease") is made as of the I I day of , 2024 (the "Effective Date") by and between the COLLIER COUNTY, a political subdivision of the State of Florida, acting as the COLLIER COUNTY AIRPORT AUTHORITY, with administrative offices located at 2005 Mainsail Drive, Naples, Florida 34114 (hereinafter referred to as the"Authority"), and IMM Development LLC, a Florida Limited Liability Company(the"Tenant")(the Authority and Tenant are collectively referred hereto as the "Parties"). The Parties hereby mutually covenant,agree and promise as follows: 1. PARTIES The Authority's address,telephone number and email are: 2005 Mainsail Drive Naples, Florida 34114 Attn: Collier County Airport Authority,Executive Manager Phone: 239-252-1059 Email: marco.customerservice@colliercountyfl.gov The Tenant's address,telephone number and email are: Quality Enterprises USA, Inc. 3494 Shearwater St Naples,Florida 34117 Phone: 239-435-7200 Email: lgaudio@geusa.com 2. PURPOSE. The purpose of this Lease is to lease a parcel of land (the "Premises"), located on the Immokalee Regional Airport (the "Airport"), as more particularly described and shown in Exhibit "A" attached hereto and made a part hereof, on which Tenant covenants, agrees, promises and intends to construct improvements as required and approved by the Authority. The Authority's representative for purposes of this Lease is its Airports Manager(hereafter,the"Airports Manager"). 3. STATEMENT OF LEASE. In consideration of the payment of rent and the faithful performance by Tenant of the terms, conditions, and covenants herein contained, Authority does hereby lease to Tenant the Premises together with any improvements now existing or hereafter constructed thereon, as shown and described on Exhibit"A." 4. LEASE TERM. The Premises are leased to Tenant for a term of forty (40) years (the "Lease Term"), which shall commence upon the Effective Date and shall continue uninterrupted for a period of forty (40) years thereafter,unless the Lease Term shall be sooner terminated as hereinafter provided. - 1 - i 6 G 2 Upon expiration or termination of the Lease Term or any extension thereof agreed to by the Parties as herein provided, Tenant hereby waives any demand for possession of the Premises or any structure or improvement then situated thereon, including, without limitation, improvements made at Tenant's expense, and Tenant agrees to vacate and return the Premises to Authority peaceably, quietly and in good order and condition, ordinary wear and tear excepted, and shall deliver the keys to the Premises to Authority at its offices described above. Time is of the essence under this Lease. 5. LEASE RENT. A. Rental Rate. Tenant 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 536,250 square feet. The lease rental rate to be paid by Tenant for the Premises shall be $80,437.50 annually (the "Base Rental" at $ 0.1500 per square foot), which shall be paid in equal monthly installments of$6,703.13, plus applicable sales tax, currently 6% or$402.19, for a monthly total payment of$7,105.32(the"Rent"), and shall be due and payable by the first day of every calendar month during the term hereof(the"Due Date"). The obligation to pay the full Rent shall commence ninety (90) days from the lease agreement approval. If the obligation to pay Rent pursuant to the terms of this Lease commences on a day other than the first day of the month,the Tenant shall pay rent equal to one thirtieth (1/30t)of the monthly rental multiplied by the number of rental days of such fractional month. B. Increase in Rental Rate. The lease rental shall at no time be less than the Base Rental. The Authority and Tenant, 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 and leasing policy. If the Authority exercises its right to unilaterally increase the Base Rental,the Rent shall be adjusted accordingly,though still to be paid in equal monthly installments. C. Commercial Operating Fee. In addition to rent, Tenant will pay an annual Commercial Operating Fee, currently $200 annually, per the Authority's published Rates & Charges, which may be amended from time to time at the Authority's sole discretion. D. Place of Payment. All Rent 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 Airports Manager may designate in writing. Payments shall be made in cleared funds by cash, check or electronic transfer regularly and monthly without notice from the Authority during the Lease Term. 6. LATE FEES AND CHARGES. A. Right to Legal Proceedings. In the event Tenant fails to deliver to the Authority the Rent, taxes, fees or information as required to be paid or delivered under the provisions of this Lease so that they are received by the Authority no later than the tenth (10th) day of each calendar month, the Authority reserves the right to commence any and all legal proceedings, including default proceedings or eviction proceedings, in accordance with the laws of the State of Florida. B. Interest Due. If Tenant fails to promptly pay, when due, any full installment of Rent or any other sum payable to Authority under this Lease, the Tenant shall pay Authority a late payment charge equal to the late fee stipulated in the approved Rates and Charges. -2 - 16 G2 C. Authority's Right to Terminate Lease. The inclusion of an obligation for Tenant to pay the Authority late charges and interest shall not preclude the Authority from terminating this Lease for Tenant's non-payment of rent, amounts due for fees, taxes, expenses, or charges, or from enforcing any other provisions contained herein. 7. RENEWAL. At the sole and absolute discretion of the Authority, provided this Lease is not in default prior to the expiration date, the Tenant shall be granted a right of first refusal to lease the Premises from the Authority at the then existing commercial rental rates for improved property on the Airport, under terms and conditions as the Authority may offer other prospective tenants for similar facilities at the Airport, but in no event, shall the rental rate be a lesser amount than than paid by Tenant at the expiration of the initial forty(40)year Lease Term, and it should be anticipated to be a substantially greater amount. The Authority shall notify Tenant of its decision whether to lease the Premises following the expiration of the Lease Term at least two (2) year prior to the end of the Lease Term, unless a shorter notice period is agreed upon by the Parties. The right of first refusal may not be assigned. 8. CANCELLATION. The Authority reserves the right to cancel and terminate all or portions of this Lease, upon giving Tenant not less than six (6) months' written notice, if cancellation is deemed necessary by Authority to implement any phase or portion of any Airport Master Plan adopted by Authority. However, Authority agrees that before such Lease cancellation it may make available and offer to Tenant, for the balance of the Lease Term, upon the same terms and conditions as set forth in this Lease, premises located within the Airport, including structures and improvements,equal to or greater in size than the area of the Premises. After the Authority gives Tenant notice of its intent to cancel the Lease pursuant to this provision,Authority shall elect one of the following options: A. Relocation. If the Authority elects to relocate Tenant pursuant to this provision, the actual out-of-pocket costs of moving Tenant's equipment and other property kept on the Premises, to the new location shall be paid by Authority. The reasonable cost of any buildout required as a result of the relocation, as well as the repair or replacement of Tenant's equipment or other property damaged during the relocation, if not otherwise covered by insurance, shall be paid by the Authority. The cost of such repair or replacement costs to Tenant's equipment or other property shall be limited per the caps provided in F.S. 768.28. B. Termination. 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 Tenant shall be entitled to compensation for the fair market value of the leasehold interest, improvements and personal property taken, as determined by an independent appraiser agreed to by the Parties, which agreement may not be unreasonably withheld by either Party. 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 forth in Section 9 of this Lease,this Lease shall terminate at Tenant's election and Tenant'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. Tenant hereby waives, disclaims and releases all claims for costs, expenses, and damages against the Authority, except for this payment. Notwithstanding the foregoing, the Lease may not be terminated pursuant to this Section solely to allow the Authority or any other party to take possession of the Premises - 3 - I 6 G 2 or any portion thereof for operation of aircraft hangars for lease or sale as aircraft hangar condominium units. The general intent is to prohibit the Authority from terminating the Lease solely to take over the operation established by the Tenant. 9. PERMITTED USE OF PREMISES. Tenant, upon payment of the lease Rent and all applicable fees and taxes, and the faithful performance of such covenants, agreements and conditions required by law, or this Lease, shall and may, continue to peaceably enjoy the Premises. Such quiet enjoyment is conditional upon Tenant adhering to the following terms: A. Aircraft Hangars. Tenant agrees that the Premises shall be used only for the construction (in accordance with plans and specifications designed in accordance with FAA/Airport Standards and with the Authority's input in the proposed design plan review deliverables, and subject to the Authority's prior approval of the final plan set prior to permitting) and subsequent operation of aircraft hangars for sublet or operation of aircraft hangar condominium units (subject to the Authority's approval of Tenant's proposed subtenants, whether sublessees or condominium unit owners) and an independent hangar for aviation repair and maintenance, including office space and/or related aviation facilities; no other use or occupancy is authorized or shall be permitted, except as for those uses relative to commercial aviation uses found in Section 10, with the prior approval of the Authority. The Authority retains full control over the activities conducted on the Premises by modifying, amending, and interpreting the Rules and Regulations of the Authority. B. Leasehold Condominium. Tenant shall have the right to submit the Premises, or a portion thereof,to condominium form of ownership in the manner set forth herein, and in that event the expiration date of this Lease shall be extended to a date which is forty (40) years from the date the first deed of conveyance to a purchaser of a condominium unit is recorded and is in full compliance with the requirements of Section 718.401(1), Florida Statutes, provided that the first deed to a purchaser of a condominium unit is recorded within one hundred eighty (180) days following the issuance of a certificate of occupancy for the contemplated improvements by Tenant. (1) Tenant shall be permitted to create a leasehold condominium and submit the Premises to the condominium form of ownership as provided under Chapter 718, Florida Statutes. Each leasehold condominium unit ownership interest shall be conveyed and held subject to the terms, covenants and conditions of this Lease. Tenant may divide the Premises into multiple individual condominium units and, subject to Authority approval, convey each condominium unit to third party condominium purchasers who thereafter shall collectively, through the condominium association, assume all rights, privileges and obligations of Tenant under the Lease and all rights of condominium ownership provided to unit owners of commercial/non-residential leasehold condominiums under Chapter 718, Florida Statutes, or other applicable law. This provision shall not be construed to grant to any condominium unit owner fee title and all rights of condominium unit ownership shall be subject to the provisions of this Lease. (2) At Tenant's expense, the Parties shall affix and incorporate as a part of the Lease a property description of the Premises that is sufficient to comply with the requirements of Section 718.401(1), Florida Statutes, for the creation of a leasehold condominium and a survey of the Premises, showing the relation of the Premises to the land included in the common elements sufficient to comply with the requirements of Section 718.401(1), Florida Statutes. Upon Tenant's request, and at -4 - I 6 G 2 Tenant's expense, the Parties shall execute and record in the public records of Collier County, Florida a memorandum of lease setting forth the property description and the essential terms of the Lease. (3) Tenant may attach a copy of this Lease to the declaration of condominium to be recorded in the Public Records of Collier County, Florida. (4) The Authority is bound by the provisions of Section 718.401(1)(d), Florida Statutes,as amended from time to time,with respect to the enforcement of a lien for rent. (5) Subject to Authority approval, any condominium unit owner may sell, transfer, convey, lease, or grant a license with respect to his/her interest in the condominium unit. Tenant and the condominium association shall maintain a list of each condominium unit owner and tenants or licensees of each condominium unit owner, including addresses,telephone numbers and the identification of their aircraft. A current copy of the list shall be provided on any transfer to the Authority but no less frequently than annually. Any agreement granting the right of possession or use of any part of the Premises, including the sale of a condominium unit,to any individual or entity, shall first be submitted for review and approval by the Authority. (6) Notwithstanding anything to the contrary contained in the Lease, provided Tenant is not in default, Tenant may assign this Lease to the condominium unit owners association created to act as the governing body for the leasehold condominium on the Premises and upon acceptance of such assignment and the assumption of all duties and obligations of Tenant as tenant under the Lease by the condominium association, except that, in the event of such assignment, the Tenant shall remain secondarily liable for the payment of the Base Rental amount due under the Lease, notwithstanding such assignment. (7) The Parties agree to cooperate in performing such acts or entering into such documents or agreements as shall be reasonably necessary to submit the Premises to the leasehold condominium form of ownership as provided for and required under Chapter 718, Florida Statutes, consistent with the terms of this Lease. C. Non-Exclusive Use. Tenant and its permitted assignees, subtenants, agents, employees and customers, as well as all Tenant's approved future owners of individual condominium units on the Premises, are permitted non-exclusive use of all runways, taxiways, taxi lanes, roads, rights- of-way and driveways to and from the Premises in common with other airport users. Tenant and its permitted assignees, subtenants, agents, employees, and customers, including all approved future owners of individual condominium units on the Premises, have the right to free access, ingress to and egress from the Premises. The Authority may, at any time,temporarily or permanently close or consent to the closing of any roadway or other right-of-way for such access, ingress to and egress from the Premises presently or hereafter used as such. In such a case, a means of access, ingress, and egress reasonably equivalent to that formerly provided shall be substituted and concurrently made available. D. Exclusive Use of Premises for Aircraft Hangars. Tenant agrees that it and its approved assignees, subtenants, and all approved future owners of individual condominium units on the Premises shall only use the units as aircraft hangars,by which is meant a place to store airworthy aircraft, equipment related to such aircraft and office space. The lease rental rate and annual increases required by the Authority and agreed upon herein by the Tenant are, in part, made possible by aeronautical activities at the Airport. The Authority strongly encourages aviation uses of its land and prohibits non-aviation uses of the Premises. The Authority requires that the Tenant, its approved assignees, subtenants, and all its approved future owners of individual condominium units on the Premises always maintain aircraft in - 5 - I 6 G 2 its hangars; subject to events that may require the relocation of aircraft to another airport during certain times of the year. In the event, however, that the Authority determines that a unit of a hangar on the Premises is or has not been used as a hangar for an airworthy aircraft for an extended period, it shall so notify the Tenant. If the Authority determines that no airworthy aircraft has been stored or maintained in the Premises for a period more than six(6) months, such failure to maintain an aircraft shall constitute a non-monetary default subject to the remedies set out in Section 30 of this Lease. 10. LIMITS ON USE A. Commercial Aviation Enterprise. The operation of any commercial enterprise on the Premises is subject to the advance approval by the Authority in accordance with the Authority's Minimum Standards for Commercial Aeronautical Operators and memorialized in writing between the Parties. Commercial aeronautical operators involved in activities such as flight schools or a maintenance repair and overhaul (MRO) service may be permitted in the office space attached to the hangars with the prior approval of the Authority. It is specifically agreed that nothing herein contained shall be construed as prohibiting Tenant, its approved assignees, subtenants, and all approved future owners of individual condominium units from allowing its own employees, or an approved product service center, from performing services on their own aircraft in their hangars. All such servicing, maintenance and repair shall be conducted in accordance with Federal Aviation Regulations and applicable law. B. No Exclusive Rights. It is specifically understood and agreed that nothing herein contained shall be construed as granting or authorizing the grant of an exclusive right to Tenant of any aeronautical activity within the meaning of Section 308 of the Federal Aviation Act. C. Activity. Tenant shall not engage in any aeronautical activities other than those described in Section 9 of this Lease. D. Rule Compliance. Tenant shall not engage in any activities that violate or depart from the provisions and intent of the Authority's Rules and Regulations described in Section 16 of this Lease. E. Statutory Compliance. Tenant agrees that it will not use, nor permit the Premises to be used, for any unlawful purpose, defined to include conduct or activity prohibited by Federal, State, local law or ordinance or Authority Rules and Regulations. F. Building Compliance. Tenant may construct, install, erect and maintain buildings or other permanent improvements on the Premises, but only in accordance with plans and specifications which have first been approved in writing by the Authority, at locations approved by the Authority, and in accordance with ordinances, guidelines, rules and regulations of the Federal Aviation Administration(the "FAA"),the Authority,those relevant provisions set forth in the Collier County Land Development Code and the Collier County Code of Laws and Ordinances, and as required by all other governmental agencies having jurisdiction over the land constituting the Premises. G. Spatial Limitations. This Lease confers no rights to the subsurface of the Premises more than five (5) feet below the ground level or to the airspace above the existing rooftop of any structural improvement that is or becomes part of the Premises. H. Rights of Authority. The Authority reserves the right to close the Airport or any portion thereof, including without limitation the runway, taxiway, taxilane, apron, terminal buildings, - 6 - 16 G2 automobile parking facilities when necessary or convenient to further the Authority's management of the Airport. I. Exclusive Fueling Rights. The Authority retains exclusive fueling rights at the Airport. The Authority retains the right and privilege of making distinctions between the types of available fuels, oils,and services in keeping with the best interest of the Authority. J. Tenant's Hangar Rental Rate. At no time shall the Tenant's hangar rental rate to approved subtenants be less than the Authority's then established hangar rental rate. K. Tenant's Utilization of Authority's Airport Waiting List. At all times, the Tenant shall utilize the Authority's Airport Tenant Waiting List and allow all persons/entities in the ranked order established in that List the right of first refusal to any available hangar rental space in Tenant's possession at the Airport. L. Tenant's Key Personnel. As part of this Lease, the Tenant shall employ a General Manager that has the expertise to handle the Tenant's day-to-day business of overseeing the construction of the hangars, the rental of the hangars to approved subtenants and all other aspects of the Tenant's general business activity on the Airport's Premises. Tenant's Vice President, Louis Gaudio, shall serve as the General Manager for Years one (1) and two (2) of the Lease. From Year three (3) onwards, the Tenant shall hire a full-time General Manager to assume those duties, subject to the Authority's right to object to the General Manager proposed for hire. Tenant shall be permitted to subcontract Maintenance Services to qualified, local firms, that are eligible and meet the safety and security requirements to work at the Airport. The Tenant's General Manager is considered an essential or "key" personnel assigned to the project and shall not be removed without the Authority's prior written approval; and if so removed must be immediately replaced with a person acceptable to the Authority. Further, the Authority shall have the right to direct Tenant to remove and replace the General Manager, with or without cause, if in the sole discretion of the Authority such removal and replacement is in the best interest of the Authority. 11. CONDITION OF PREMISES AND PERIODIC REHABILITATION. Tenant accepts the Premises, and all improvements and appurtenances thereto, in addition to the land, in their present"as is"condition as suitable for the purpose for which the Premises are leased. A. Contamination. Tenant shall be responsible for any damage to or contamination of the Premises occurring during Tenant's tenancy whether or not due to the acts or omissions of Tenant, its officers, employees, business invitees, subtenants or assigns, in violation of any State, Federal or local law or regulation, and will decontaminate the Premises at its own expense if a violation of Federal, State or local law is charged. Tenant shall either document decontamination or provide to the Authority satisfactory evidence that the Premises is not contaminated. The Premises shall not be deemed to be decontaminated until the Authority so states in a written document addressed to Tenant. B. No Liability. The Authority shall not be liable for any damages or loss suffered by Tenant, or for injuries to persons or Premises. C. Liability of Tenant. Tenant further acknowledges that no representations as to the condition of the improvements, structures, paving, or the geology of the soil, on the Premises, expressed or implied, have been made by the Authority, its officers, employees, or agents prior to or at the execution of this Lease. Notwithstanding the foregoing, Tenant, its officers, employees, agents, successors, and assigns, will not be responsible for any damage to or contamination of the Premises if - 7 - 1 6 G2 such damage or contamination is due to or caused by the act of the Authority, or its officers, employees, agents, successors or assigns. D. Due Diligence by Tenant It is the responsibility of Tenant, at its sole cost and expense, to investigate and determine the suitability of the soil, geology, environmental and seismic condition of the Premises for Tenant's intended development. Tenant, at its sole cost and expense, shall have the right to conduct a Phase I Environmental Site Assessment and any additional environmental site assessments of the Premises (collectively "Audit") within ninety (90) days of the Effective Date of this Lease. If the Authority or Tenant deems the Premises in its present condition to be unacceptable for its intended use based upon the results of the Audit, the Authority or Tenant may terminate this Lease if(1) Tenant or Authority does so within one hundred twenty (120) days of the Effective Date of this Lease and (2) if the Audit reveals that hazardous substances are or may be present on the Premises. Within thirty(30)days after termination of this Lease pursuant to the preceding sentence, Tenant shall recover its deposits and previous rent payments made to the Authority under this Lease if the Audit reveals that hazardous substances are or may be present at the Premises. E. Periodic Rehabilitation Required of Tenant. Tenant agrees that (i) prior to the tenth (10th) anniversary date of this Lease, (ii) on each succeeding ten year anniversary date and (iii) a date two (2) years prior to the expiration of the term of this Lease (each such date an "Inspection Deadline") Tenant shall deliver to the Authority a detailed written inspection report prepared by a commercial building inspector licensed by the State of Florida Department of Business and Professional Regulation's Building Code and Inspection Board (the "Inspection Report") of all of the improvements on the Premises (of both the exterior and interior thereof), certified to the Authority, including, but not limited to, the following: (1) air conditioning (HVAC) systems (if applicable); (2) doors, including the hangar doors, and hardware; (3) electrical systems; (4) elevators (if applicable); (5) exterior lighting systems; (6) signage; (7) fire sprinkler systems(if applicable); (8) security fences; (9) landscape/sprinkler systems;(10)moisture penetration; (11)mold/mildew incursion;(12)paving(parking,apron and tarmac); (13)plumbing systems(if applicable);(14)roofing systems;(15)site drainage; (16)smoke detectors;(17) structural components; (18) termite infestation; (19) windows and hardware; (20) appearance and cosmetic items; and(21) repair and maintenance recommendations. Subject to Section 14 hereof, Tenant covenants and agrees to complete, at Tenant's sole cost, all repairs and maintenance recommended in the Inspection Report within ninety (90) days of each Inspection Deadline. Tenant understands and agrees that if all such recommended repairs and maintenance are not completed by Tenant within ninety (90) days of each Inspection Deadline then this Lease shall terminate, and Tenant shall surrender the Premises in accord with Section 28 herein and all other terms and conditions of this Lease. 12. CONSTRUCTION ACTIVITY. Tenant shall not commence any site work, building, alterations, additions or infrastructure improvements, or engage in any construction activity on the Premises, without the prior written consent and approval of the Authority. Further, Tenant shall obtain the Authority's written consent and approval of all plans for site work, buildings, alterations, additions, grading, paving, drainage, utilities, landscaping, or other infrastructure improvements before construction may be commenced. All construction of improvements must conform with the approved plans and shall be constructed or installed in accordance with all applicable statutes, ordinances, building codes, and rules and regulations of the Authority, and any other authority that may have jurisdiction over the Premises and Tenant's operations. Tenant is solely responsible for determining and obtaining all necessary permits and approvals, and for paying all fees required, for the construction. The Authority's approval of Tenant's plans and specifications does not constitute a representation or warranty as to their conformity with Collier County building standards,codes or zoning. - 8 - 16G2 Tenant shall plan, organize, supervise, schedule, monitor, direct and control the construction competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the plans approved by the Authority. Tenant shall be responsible to see that the finished construction complies accurately with those approved plans. Tenant shall keep on the construction site at all times during the construction a competent resident superintendent, who shall be subject to the Authority's approval and not be replaced without prior written notice to the Airports Manager except under extraordinary circumstances. The superintendent shall be employed solely by the Tenant and be the Tenant's representative on the Premises and shall have the authority to act on behalf of the Tenant. All communications given to the superintendent shall be as binding as if given to the Tenant. The Tenant shall have a competent superintendent on the Premises at all times during construction whenever Tenant's work crews,or work crews of other parties authorized by Tenant are engaged in any activity whatsoever associated with the construction related to the improvements to the Premises. Should the Tenant fail to comply with the above condition, the Tenant shall be in breach of this Lease and the Authority may pursue its remedies for events of breach as provided herein. The Authority shall have the right to direct Tenant to remove and replace the superintendent, with or without cause, if in the sole discretion of the Authority such removal and replacement is in the best interest of the Authority. By executing and entering into this Lease, the Tenant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Tenant to comply with the laws referenced herein shall constitute a breach of this Lease and the Authority shall have the discretion to unilaterally terminate this agreement consistent with the termination provisions provided herein. Statutes and executive orders require employers to abide by the immigration laws of the United States and to employ only individuals who are eligible to work in the United States. The Employment Eligibility Verification System (E-Verify) operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration(SSA),provides an Internet-based means of verifying employment eligibility of workers in the United States; it is not a substitute for any other employment eligibility verification requirements. Tenant is required to enroll and comply with the E-Verify program, and provide acceptable evidence of its enrollment, at the time of the execution of this Lease. See Exhibit "C," attached. Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Additionally, the Tenant shall require all subcontracted contractors working at the Airport to use the E-Verify system for all purchases except: (1) Commodity based procurement where no services are provided, and (2) where otherwise waived by the Authority. For additional information regarding the Employment Eligibility Verification System (E-Verify) program visit the following website: http://www.dhs.gov/E-Verify. It shall be the Tenant's responsibility to familiarize themselves with all rules and regulations governing this program. Tenant agrees to keep the project site clean at all times of debris, rubbish and waste materials arising out of any improvement to the Premises. At the completion of any improvements, Tenant shall remove all debris,rubbish and waste materials form and about the site of the Premises, as well as all tools, appliances,construction equipment and machinery and surplus materials,and shall leave the Premises site clean and ready for occupancy. - 9 - 16 G2 Tenant further agrees that all right and title to any alterations, additions and improvements made to the Premises during the Lease Term shall vest in the Authority upon termination of the Lease, shall not be removed, and shall remain on the Premises as the property of the Authority upon the expiration or termination of this Lease. To that end, all common infrastructure funded and built in accordance with the Tenant's construction plans as approved by the Authority but outside the leased Premises, including but not limited to gates,fencing, an access roadway extending to the proposed Terminal parking lot and other common area improvements, shall be turned over to the Authority upon the completion of construction with all right and title vesting upon termination of the Lease. It is further agreed that the Authority is not responsible for reimbursing the Tenant for its investment in any modifications, additions, improvements, structures, fixtures, or equipment on the Premises. Tenant agrees that upon the expiration or sooner termination of this Lease,Tenant shall deliver up the Premises to Authority peaceably, quietly and in good order and condition, ordinary wear and tear excepted. 13. HANGAR FACILITY CONSTRUCTION. Tenant shall construct upon the Premises, at its sole expense and in compliance with all the terms and conditions of this Lease, eight (8) steel buildings consisting of 31 aircraft hangar units, including optional office space and/or related aviation facilities, in strict accordance with plans and specifications approved in writing by the Authority. As part of the consideration for entering into this Lease,the Tenant commits to constructing the 31 hangar units for sub-lease or sale as condominium units,as follows: Building 1,2&3 (6 box hangar units) • Building is 62' x 385', individual hangars are 62' x 64'-2" Building 4(1 corporate hangar unit) • Building is 100'x120' Buildings 5,6, 7& 8(3 box hangar units) • Building is 85' x 280', individual hangars are 85' x 90' Tenant agrees that Tenant shall commence the construction of the approved improvements within fifteen (15) months from the Effective Date of this Lease. In the event Tenant has not commenced the construction of the approved improvements within 15 months from the Effective Date of this Lease, this Lease shall terminate, and the Authority shall retain all funds paid to it by the Tenant. Tenant shall, in addition, be liable for any other damages sustained by the Authority because of Tenant's failure to comply with this provision of the Lease. Prior to commencing construction of improvements on the Premises, the Tenant shall comply with all the following provisions: A. Commencement. Within nine (9) months of the Effective Date of this Lease, Tenant shall deliver to the Authority all drawings, plans and specifications for construction of the improvements contemplated to be constructed on the Premises at Tenant's cost,which shall include 30%, 60% and 90% engineering design phase plans, with a proposed schedule of completion of construction. - 10 - 16G2 Within thirty (30) days of receipt thereof, the Authority shall either notify Tenant of its approval of the proposed plans and specifications or reject the proposed plans and specifications with recommended revisions. The Tenant shall prepare revised plans and specifications, consistent with the Authority's recommendations. Tenant shall have the option of resubmitting to the Authority revised plans and specifications, incorporating the Authority's recommended revisions, within thirty (30) days of Tenant's receipt of the Authority's recommended revisions; or, of terminating this Lease. If revised plans and specifications are submitted to the Authority, and the Authority again rejects the revised plans and specifications, the process shall repeat itself; however, this process shall be completed within 12 months from the Effective Date. In the event Tenant has not submitted acceptable plans and specifications to the Authority (and the Authority has approved the same in writing) within 12 months from the Effective Date, this Lease shall terminate, and the Authority shall retain all funds paid to it by the Tenant. In addition to Authority approval, Tenant shall obtain at its sole cost all necessary or appropriate approvals and permits from Collier County, the State of Florida, FAA, South Florida Water Management District and all other required governmental or non-governmental agencies or parties. Notwithstanding anything herein to the contrary, Tenant acknowledges and agrees that: (i)plans and specifications will not be considered approved by the Authority unless and until a complete permit set has been approved in writing by the Authority's Airports Manager (provided, however, draft plans and specifications may be submitted by Tenant to the Authority and Collier County for preliminary review prior to application for approval by the Authority and any other agency whose approval is required); and(ii)all permit applications,modifications,responses to Requests for Additional Information (RAI) and other applications or correspondence to be submitted to the FAA, South Florida Water Management District and other governmental or non-governmental agencies or parties must first be sent to the Authority's Airports Manager for prior written approval(and Tenant understands and agrees that no communication with the South Florida Water Management District concerning the Premises or the Authority's permit is allowed without the prior written approval of the Authority's Airports Manager). B. Performance Bond or Letter of Credit. Prior to the commencement of construction of any improvements on the Premises costing greater than Twenty-Five Thousand and 00/100 Dollars ($25,000.00), Tenant shall cause to be obtained a payment and performance bond (that meets the requirements of Section 255.05, Florida Statutes) or letter of credit in a sum equal to the full cost of all such improvements. Said payment and performance bond, letter of credit or other security shall (i)name the Authority as an obligee or beneficiary thereunder, (ii)be from a company acceptable to the Authority and licensed to do business in the State of Florida,(iii)contain terms and conditions and be in form and substance satisfactory to the Authority, (iv)guarantee the full and faithful performance of the construction and completion of all improvements (and payment to all persons supplying contractor labor, materials and supplies used directly or indirectly in the prosecution of the construction work provided) in accordance with final plans and specifications approved in writing by the Authority, free from all liens and claims of contractors, subcontractors, mechanics, laborers and materialmen following the commencement of construction; (v)provide that the construction work shall be completed by the Tenant, its contractor, or, on their default,the surety; (vi) specify that in default of such completion and payment, such part of the amount of the surety as shall be required to complete the work shall be paid to the Authority as liquidated and agreed damages for the non-performance of Tenant's agreements, it being agreed the exact amount of the Authority's damages is difficult and impractical to ascertain; and (vii) defend, hold harmless, protect and indemnify the Authority against all losses, liabilities, damages, expenses, claims and judgments caused by or resulting from any failure to perform completely all of the work described; and (viii) provide that the duty to defend under this section is independent and separate from the duty to indemnify, exists regardless of any ultimate liability of Tenant, the Authority or any indemnified party, arises immediately upon presentation of a claim by any party and upon written notice of such claim being provided to Tenant; and (ix) that the obligation to indemnify and defend under this - 11 - i6G2 section will survive the expiration or earlier termination of this Lease until it is determined by final judgment that an action against the Authority or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. The Authority may but shall not unreasonably disapprove the surety. The surety shall be deemed approved unless a notice of disapproval is given by the Authority within thirty(30)business days after receipt of the proposed surety. C. "As Built" Plans and Survey. After the final plans and specifications are approved in writing by the Authority, the Tenant shall diligently and continuously prosecute the construction of the approved improvements. Upon completion of the approved improvements, Tenant shall provide Authority with"as built"plans and an"as built"survey certified to the Authority. D. Construction Documents. Tenant shall construct all site improvements on the Premises in accordance with the plans and specifications approved by the Authority. E. Satisfactory Completion and Certificate of Occupancy. Notwithstanding anything in this Lease to the contrary, Tenant shall satisfactorily complete construction of, and obtain a certificate of occupancy from Collier County for, all the improvements on the Premises approved by the Authority within eighty-four(84)months from the Effective Date of this Lease. F. Inspection and Acceptance. Tenant shall obtain all building permits and approvals required. All improvements including, but not limited to, buildings, site preparation, sub-grade preparation, paving, drainage, and overall development of the Premises, shall be subject to inspection, testing, and acceptance in accordance with applicable law. G. Engineering. Tenant must set the necessary boundary stakes on the Premises and shall provide any surveys required for the design of the area paving. Any material deviation from the approved plans and specification must have prior approval by the Authority and any required governmental agency. H. Utilities. Upon the prior written approval by the Airports Manager, Tenant may install other utilities on the Premises at its own cost and expense, including all connection, inspection,and service fees. All utilities must be installed underground, unless agreed to in writing by the Authority and waived by any approving utility authority or agency. The Authority may negotiate with Tenant for the over sizing or extension of utilities to serve other parcels on the Airport. I. Paving and Concrete. Tenant must construct the pavement for the aircraft movement areas and the concrete hangar floors to accommodate the heaviest aircraft expected to operate in the area, or fully loaded fuel trucks, whichever is of greater weight, with expected pavement life of no less than twenty (20) years. Any roadway access must be in accordance with the Florida Department of Transportation standards as set forth in the "Manual on Uniform Standards" for comparable construction. Tenant shall construct and extend, as part of its construction plans, an internal access roadway extending from the proposed parking lot terminal, past the future Authority Hangar site and traveling behind and to the west of the three proposed Jet Hangar Jet units identified on the Hole Montes Proposed Hangars Layout attached as Exhibit "B," with schematic drawing. That extended roadway shall belong to the Authority but be dedicated for common use allowing ingress and egress to the Airport for tenants and other authorized persons,for at least the forty-year term of the Lease. - 12 - 16G2 J. Finish Site Grading. Tenant shall perform, at Tenant's expense, all finish grading of the Premises. K. Frontage Clearances. Tenant shall insure that all frontages and clearance of the improvements (i) are in compliance with Collier County standards and (ii) do not encroach upon any building restriction line. 14. SUBSEQUENT CONSTRUCTION ACTIVITY. Except as authorized and approved in strict accordance with Section 13, Tenant shall not commence or conduct any new construction or work, or alter any existing improvements, on the Premises costing greater than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) without the Authority's prior written approval, which approval may be approved, denied, delayed, or conditioned in the Authority's sole absolute discretion. 15. DISCHARGE OF LIENS. Tenant shall not cause or allow any lis pendens, construction, labor, mechanic's, or materialman's lien to be filed against the Premises, the Authority or the Authority's real or personal property. In the event of the filing of any lien, or any other charge whatsoever against the Premises, the Authority or its property, Tenant shall immediately take all necessary action to secure the release of same and shall provide, at Tenant's expense, all bonds, security or undertakings to accomplish the release of such liens. In the event Tenant fails to secure the release of any such liens, the Authority shall have the right, but not the duty or obligation, to take any action it deems appropriate to secure the release of any such lien including paying the underlying obligation to the lienor. Tenant agrees to indemnify and hold the Authority harmless from all liability, damages associated with this requirement, expense and costs including reasonable attorneys'fees. 16. RULES AND REGULATIONS. Tenant hereby agrees to observe and comply with, at its own expense, all laws, policies, ordinances, rules, and regulations promulgated by the Authority and any other cognizant County, State, Federal authority or governmental agency or special district having jurisdiction over the Airport and the Premises described in this Lease,during the Lease Term, including: A. Airport Leasing Policy. Tenant shall observe and comply with the Authority's Leasing Policy, as from time to time amended, and on file in the office of the Airports Manager (hereafter, the "Lease Manual"). The Lease Manual is incorporated into this Lease and by reference made a part hereof. Tenant acknowledges that it shall be bound by the terms of the Lease Manual, as of the 1st day of the second month the Tenant receives a copy of the Lease Manual or an amended Lease Manual. With respect to any terms in this Lease Agreement that conflict with the Lease Manual, the Lease Manual shall control. B. Rules and Regulations. Tenant shall observe and comply with the Authority's Lease Policy, Minimum Standards for Commercial Aeronautical Operators, and its 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 in its sole and absolute discretion without notice to Tenant, including such reasonable landing fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or services provided at the Airport. Tenant shall also comply with all - 13 - i6G2 applicable governmental statutes, rules, orders and regulations. After any such amendment,the Authority shall duly notify the Tenant. 17. AIRPORT OPERATIONS. A. Conduct of Business by Tenant. In the use of the Premises pursuant to this Lease, Tenant shall conduct its operations in a lawful, ethical, orderly and proper manner so as not to interfere with the rights and privileges of others at the Airport and shall be responsible for the conduct, demeanor and appearance of its employees and invitees and of those doing business with Tenant. Upon receipt of complaints concerning the conduct of its business, Tenant shall immediately address such complaints and correct any improper conduct as required by the Authority. B. Care of Aircraft. The responsibility for setting brakes, placing chocks, or otherwise securing any aircraft is solely that of the Tenant. Authority is under no obligation to move Tenant's aircraft into or out of the Premises. If, at Tenant's request, Authority does so move said aircraft, Tenant shall assume all risk of any and all damage or loss occasioned thereby and shall pay the designated fee to the Authority. C. Airport Hazards. Tenant agrees to refrain from any act or omission that would interfere with or adversely affect the operation or maintenance of the airport, disturb the quiet enjoyment of the use of the Airport or surrounding property or otherwise constitute an Airport hazard. Activities that may constitute airport hazards including but not limited to any activity on the Premises that directly or indirectly produces unlawful amounts or levels of chemical, biological or electromagnetic radiation, air pollution (gasses, particulate matter, odors, fumes, smoke or dust), water pollution, noise, glare, heat emissions, radioactivity, electronic or radio interference with navigation and communication facilities for the operation of the Airport and its use by aircraft, trash or refuse accumulation, vibration, prop-wash, or jet blast, or which is hazardous or dangerous by reason or risk of explosion,fire,or harmful emissions. D. Based Aircraft Report. Tenant shall furnish to the Authority, within seven (7) days upon the Authority's written request from time to time, a report of all aircraft located on the Premises. Such report shall include, at a minimum, the following items: aircraft type, make, model, registration number and any other information as may reasonably be requested by the Authority's Airports Manager. 18. FLAMMABLE MATERIALS. Flammable or explosive gases, liquids or solids shall not be allowed, kept or used on the Premises except that aviation fuel may be stored in the internal fuel tanks in Tenant's aircraft or other transportation related equipment, in which event any such substances shall be delivered in amounts, and stored and used, as approved by Authority in accordance with the rules of the Florida Inspection and Rating Bureau and all other applicable statutes, guidelines, ordinances, Rules and Regulations in force and effect during the term of this Lease. 19. WASTE,REPAIR,MAINTENANCE AND CLEANLINESS OF PREMISES. Tenant understands and agrees that good maintenance is its leasehold obligation, and that the maintenance obligation under this Lease is fully net, including but not limited to the following: - 14 - i6G2 A. Waste. Tenant shall not commit, nor suffer to be committed, any waste or contamination on the Premises, including physical damage to the Premises, either negligent, intentional, or fail to repair and maintain the Premises. B. Repair and Maintenance. Throughout the Lease Term, Tenant shall keep and maintain, at its own cost and expense, the Premises and any improvements, fixtures, equipment, or landscaping thereon, in good order and repair, as determined by the Authority. Subject to the terms and conditions of Section 14 herein, Tenant shall make all necessary repairs thereto, including, without limitation, all structural and non-structural repairs, including repairs to building interior,building exterior, paving, site improvements, fixtures, facilities and equipment, and shall replace all broken glass with glass of the same size and quality as that broken. All painted exterior surfaces and surfaces requiring treatment of any kind must be maintained in good condition and must be repainted or treated when reasonably required to preserve the structure and to maintain high standards of appearance at the Airport. All maintenance, repairs, and replacements must be of a quality substantially equal to the original materials and workmanship. Any changes in exterior paint colors are subject to prior written approval of the Airports Manager. C. Repair upon Notice of Authority. In addition to Tenant's obligations under Section 11.E. of this Lease, within ninety (90) days of written notice by the Authority to the Tenant, Tenant must perform reasonable repair and maintenance as directed by the Authority. D. Failure to Repair or Maintain. In the event Tenant fails to promptly undertake and satisfy the obligations imposed herein within ninety (90) days of written notice by the Authority to the Tenant, the Authority, in addition to the other remedies provided herein, shall have the right to enter on to the Premises and effect such repairs and recover one hundred ten percent (110%) of its costs and expenses from Tenant. If Tenant fails to reimburse the Authority for that amount plus interest, within thirty(30)days of written demand, Tenant's failure to reimburse Authority shall constitute a default under this Lease. E. Clean, Safe and Sanitary. Tenant shall keep the Premises and the immediately adjacent property improvements in a clean, safe, and sanitary condition according to all applicable governmental statutes, ordinances, guidelines, rules and regulations, Authority's Rules and Regulations, and the direction of duly authorized public officers during the Lease Term, all at Tenant's cost and expense. Tenant is responsible for removing all garbage, debris, contaminants, and other waste material (solid or liquid)arising out of Tenant's occupancy of the Premises or its operations. F. Solid Waste. Tenant further agrees to contract with a franchised solid waste hauler to dispose of solid waste. Tenant shall be responsible for its own trash removal, dumpster maintenance, and construction debris removal at all times during the term of this Lease. Any garbage, debris, or waste that may be temporarily stored in the open must be kept in suitable garbage or waste receptacles equipped with tight fitting covers. If the Authority removes or causes to be removed any waste from the Premises after Tenant's failure to remove the same, Tenant agrees to reimburse Authority at one hundred ten percent(110%)of the cost of removal. G. Liquid Waste. Tenant shall provide, as necessary, a separate drainage,collection, or separation system to ensure that no untreated liquid waste from any type of operation be discharged directly on adjacent property or into the Airport's storm drainage or sanitary system, including petroleum products,solvents, aircraft cleaning residue and oil change operations. - 15 - 16 G2 H. Vehicles. Tenant, its employees, subtenants, or customers, shall not keep unlicensed or inoperable vehicles on any portion of the Airport, including the Premises. Operable but unlicensed vehicles necessary to Tenant's aviation-related activities as allowed under this Lease are permitted. I. Damage Caused. Tenant agrees to immediately report to the Authority any damage Tenant, its tenants, customers, visitors, agents, contractors or employees cause to the runways, taxiways, taxi lanes, roads, rights-of-way and driveways to and from the Premises that it uses in common with other Airport users. Tenant shall reimburse the Authority for the full cost of repairs to these common areas caused by the Tenant or those using the Airport by or through Tenant. J. Sewer Service. The Tenant shall pay the expense of providing sewer service to the Premises and shall connect its improvements to the sewer main. Tenant shall pay all costs of connecting its improvements to the sewer including the installation of the lateral pipes, the hook-up fee and monthly charges as billed by the Collier County Water and Sewer District, Immokalee Water & Sewer District,the Authority or any other agency or special district providing sewer service to the Tenant. K. Fence. If required by the construction plans, Tenant shall erect and, at all times during the term of this Lease, maintain an FAA-recommended fence as part of the Airport perimeter fence line. The Tenant's portion of the fence line shall be specified and approved by the Authority. The Tenant's portion of the fence shall be constructed and maintained at Tenant's sole cost and expense and shall be turned over to the Authority upon completion of construction. 20. STORM WATER DISCHARGE Tenant assures that no contaminants, pollution, or hazardous material of any type will be discharged onto adjacent property or into the storm water system at the Airport and agrees to be held responsible for any discharge either by Tenant or by any of Tenant's subtenants, agents, or employees, during the entire Lease Term. Any fine or expense for remedial action required by the Authority, by any agency or agencies having jurisdiction, as a result of actions on or discharges from the Premises, will be charged to Tenant, and Tenant shall immediately reimburse Authority for these costs, including attorneys' fees. 21. SECURITY The Authority is under no obligation to provide security to the Premises. Tenant may, at Tenant's sole expense, employ security personnel, install security lighting, or maintain alarm systems. If Tenant elects to install outdoor lighting, Tenant must request permission from the Authority prior to installation. Security requirements are imposed on the Airport by the FAA, Transportation Security Administration ("TSA") and other agencies having jurisdiction over the Airport. Tenant covenants and agrees to comply with all such security requirements,at Tenant's sole expense. In the event the Authority is fined or penalized by the FAA, TSA or any other agency for a security violation caused by the negligence or omission of the Tenant, or any of Tenant's subtenants, Tenant shall immediately reimburse the Authority in full for all such fine or penalties. Tenant acknowledges and agrees that the Authority may (in the sole discretion of the Authority's Airports Manager), at the Authority's sole expense, install and remove from time to time its - 16 - 16G2 own security equipment and improvements (including, without limitation, cameras, gates, lighting and alarms)on or about the Premises and improvements located thereon. 22. UTILITY SERVICES,TAXES AND FEES A. Utilities. Tenant shall pay for all utilities with respect to the Premises or the occupancy thereof, including without limitation, all costs of electric, water, sewer, trash pick-up, refuse removal, telephone, internet and other services. Tenant shall have the privilege, at its expense, to access the water, storm water management, electrical, and phone utility service facilities during the term of this Lease. Should Tenant's operations require additional service facilities, Tenant shall, at its expense, extend such facilities to the Premises and pay the cost for all labor and materials. Nothing herein shall obligate Authority to provide any utility to Tenant that is not presently available to the Premises. B. Taxes and Fees. Tenant shall pay when due all valid taxes, special assessments, excises, license fees and permit fees of whatever nature applicable to its operation or levied or assessed against the Premises, or improvements thereto. Tenant shall obtain and keep current all licenses, permits and certificates (City, County, State and Federal) required for the conduct of its activities at and upon the Airport and Premises. If at any time during this Lease, the Premises, leasehold interest, or rental payments become subject to any federal, state or local property, sales, excise or other tax, Tenant agrees to assume the payment of such taxes and, if applicable,to include such payments with the rental payments required hereunder; provided, however, that Tenant shall in no circumstances by obligated to pay any taxes based on the net income of Authority. Tenant further agrees not to permit any such taxes, excise, or license fees to become delinquent. 23. SIGNS. Tenant agrees that it will not allow any signs, cards or placards to be posted or placed on the Premises except signs acceptable to the Authority. All signs shall be approved by the Authority in advance, and shall conform with all Collier County ordinances, and shall not extend above or beyond the walls and roofs of the buildings constructed on the Premises. Upon expiration of this Lease, Tenant shall remove all signs at the direction of Authority. 24. ASSIGNMENT, SUBLEASE,SALE AND ENCUMBRANCE. A. Notice to the Authority. Should the Tenant intend to assign this Lease, sublet the Premises or a portion thereof, sell, encumber or otherwise transfer its interest in this Lease, the Premises, or in any improvements thereon, or allow any other persons or entities (except Tenant's authorized representatives) to occupy or use all or any part of the Premises, it shall first provide thirty (30) days written notice and request for consent for such alienation to the Authority prior to the date intended for the assignment of this Lease, sublease, sale, encumbrance, transfer, occupancy or use. Any such assignment, sublease, sale, encumbrance, transfer, occupancy, or use shall not be permitted without the Authority's prior written consent; provided, however, that adequate security and guarantees of the obligations under this Lease, as deemed appropriate in the sole and absolute discretion of the Authority, are provided, executed, and delivered. Further, the Authority may condition its consent upon an increase in the Lease rental rate and may require any other requirements, conditions, or covenants before consenting to any such assignment, sublease, sale, encumbrance, transfer, occupancy, or use. Any assignment of this Lease, sublease, sale, encumbrance, transfer, occupancy or use by Tenant 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 by the Authority to any assignment of this Lease, sublease, sale, encumbrance,transfer, occupancy, or use does not constitute a further waiver of the provisions under this - 17 - I6G2 Lease. The Authority shall have the absolute right to review all sublease and condominium sale agreements, which shall incorporate and include the Airport Lease Manual and all Authority policies, rules, and regulations,and all the same conditions that Tenant owes to the Authority in this Lease. On an annual basis commencing upon the Effective Date of this Lease and to be updated as new subtenants or condominium unit owners take occupancy in the hangars constructed by Tenant,the Tenant shall provide the Airports Manager with a listing of all Tenant's subtenants and condominium unit owners, including all contact information (names, addresses, telephone numbers) along with a based aircraft report; which information the Authority shall control and utilize for purposes of site access, emergencies and such other similar needs. B. Grant of Right of First Refusal to the Authority: Notwithstanding the foregoing, in the event Tenant intends to assign this Lease, sublet the Premises or a portion thereof, sell or otherwise transfer its interest in this Lease, the Premises or in any improvements thereon, Tenant shall first offer to assign, sublet, sell or transfer such interest to the Authority under the same terms and conditions offered to the proposed assignee, subtenant, purchaser or transferee, in writing, sixty (60) days prior to the date intended for such assignment, sublease, sale or transfer. The Authority shall have forty-five (45) days from receipt of the aforementioned written offer from Tenant within which to exercise its right of first refusal, in writing, or it shall be deemed to have been waived by the Authority. The assignment of this Lease by the Tenant to the condominium association that operates and manages the condominium, and individual unit sales of the condominium units, shall not be deemed an assignment that is prohibited by this Lease or that triggers the Authority's right of first refusal under this Section 24B. Failure of Tenant to comply with the foregoing shall be deemed a default under Section 24 of this Lease. C. Exception: The subleasing of storage space to aircraft owners or operators for the storage of their aircraft on the Premises and/or the subleasing of office space on the Premises shall not be subject to the sixty (60) day written notice and request for consent requirement referenced herein; provided, however, all subleases for the storage of aircraft or office space are subject to the review and prior written approval by the Airports Manager of the Authority (and such approval may be conditioned upon such requirements, conditions or covenants as deemed appropriate in the sole and absolute discretion of the Authority's Airports Manager). Subleases for the storage of aircraft or office space for a term in excess of the authority of the Airports Manager of the Authority are subject to the review and additional prior approval of the Authority (and such approval may be conditioned upon such requirements, conditions or covenants as deemed appropriate in the sole and absolute discretion of the Authority). D. Contents of Request for Consent. Tenant's request to Authority for consent to any proposed assignment, sublease, sale, encumbrance, transfer, occupancy, or use shall include the following information and documents: (1) The name and address of the proposed assignee, subtenant, purchaser, mortgagee/lender/lienholder,transferee occupant or user; (2) The nature of the proposed assignee's, subtenant's, purchaser's, mortgagee/lender/lienholder's, transferee's, occupant's or user's business to be carried out on the Premises; (3) Each of the terms and provisions of the proposed assignment, sublease, sale, - 18 - I 6 G 2 encumbrance, transfer, occupancy, or use, including without limitation, the full consideration for the assignment, sublease,sale,encumbrance,transfer, occupancy or use;and (4) Such other information and documentation as deemed appropriate in the sole and absolute discretion of the Airports Manager of the Authority. E. Assignment of Rent Due. Tenant has the right to assign, sublease or transfer, or allow others to occupy or use, portions of the Premises subject to the terms and conditions of this Lease. If Tenant, or any assignee, subtenant or transferee of Tenant(or any occupant or user of any portion of the Premises), is in default or otherwise violates any terms or conditions of this Lease, and fails to cure the default or violation within ten (10) days of receiving written notice from the Authority, Tenant and such assignee, subtenant or transferee (or occupant or user) immediately and irrevocably assigns to the Authority, as security for the obligations under this Lease, all rent from any assignment, subletting or transfer(or occupancy or use) of all or part of the Premises. The Authority, as assignee for Tenant, or a receiver for Tenant appointed on Authority's application, may collect the rent, and apply it toward Tenant's obligations under this Lease. F. Assignment Relieves Tenant. Upon a valid assignment of this Lease approved in writing by the Authority, but not upon a sublease, encumbrance or other transfer, the Tenant may, at the sole discretion and written consent of the Authority, be relieved of all obligations and liabilities arising from this Lease effective as of the date of such assignment. G. Assignment by Authority. Authority may assign, hypothecate, mortgage, pledge or otherwise encumber its interest in this Lease and may employ outside management services for lease administration to the extent allowable by law. 25. INDEMNIFICATION AND DEFENSE. To the maximum extent permitted by Florida law, Tenant covenants and agrees to save and hold harmless and indemnify the Collier County Board of County Commissioners, the Authority and the Authority's past and present commissioners, directors, managers, employees, agents, insurers, attorneys, representatives, successors, and assigns, in both their individual and representative capacities, of, from and against any and all liabilities, losses, damages, costs, expenses, causes of action, suits, penalties, claims, demands, and judgments of every kind and nature, including, without limitation, attorneys' fees and expenses of defense(through all appeals),arising out of or in connection with: A. any act, error or omission of Tenant or Tenant's personnel, employees, subtenants, agents, suppliers, subcontractors, licensees,invitees or trespassers; B. the performance of this Lease; C. the failure to fulfill any obligations of Tenant under this Lease; and D. the use and possession of the Premises. The Authority shall select its own counsel and Tenant shall reimburse the Authority for all reasonable attorneys' fees and costs. - 19 - 16G2 The indemnification obligations under this Section shall survive the Lease termination. This Section shall also pertain to any claims brought against the Collier County Board of County Commissioners, the Authority and the Authority's past and present commissioners, officers, employees, agents, insurers, attorneys, representatives, successors, and assigns, in both their individual and representative capacities, by Tenant, any of Tenant's personnel, employees, agents, suppliers, subcontractors, licensees, invitees or trespassers and anyone claiming by or through Tenant. Tenant's obligations under this Section shall not be limited in any way by Tenant's limits of, or lack of, sufficient insurance protection. 26. INSURANCE REQUIREMENTS. A. Insurance Coverage. (1) Property Insurance - Tenant agrees to secure and maintain in force at its expense, a property insurance policy to include "Special Form" coverage, including Windstorm, Flood, Vandalism, and Malicious Mischief covering the Premises Building and Real Property and all improvements thereon and Personal Property/Contents thereof for full replacement value. If Flood Insurance is not available within the Property coverage, and the Improvements on the Premises are located within a Special Flood Hazard Area, then coverage shall be purchased from the National Flood Insurance Program(NFIP). Tenant is responsible for any deductibles. (2) General Liability Insurance - Tenant agrees to secure and maintain general liability insurance and/or aviation liability insurance covering Tenant's activities, its use of the Premises, its operations at and use of the hangar including any aircraft stored on the Premises and or on any other part of the Airport, including liability under the indemnities required herein. The General Liability Insurance policy shall have coverage limitations providing no less than $1,000,000 per occurrence/$2,000,000 aggregate. Coverage will extend to any vehicles or equipment that are not licensed for road use. Tenant is responsible for any deductibles. See Exhibit"D,"attached. (3) Automobile Liability Insurance — If Tenant's operations utilize road- licensed vehicles located on the Airport, all such vehicles shall be insured for a minimum of$1,000,000 per occurrence. (4) Builder's Risk Insurance — At all times during the construction of any improvements on the Premises, Tenant agrees to secure and maintain builder's risk insurance covering contractor's labor, materials and equipment to be used for completion of the work performed against all risks of direct physical loss, excluding earthquake and flood, for an amount equal to the full cost of the improvements. Tenant is responsible for any deductibles. B. Changes in Policy. Tenant shall provide Authority with notice of any proposed change to any insurance coverage. The Authority maintains the right to reject a proposed change in Tenant's insurance coverage or insurer, and in the event of a policy cancellation,the Tenant is required to obtain satisfactory successor insurance without lapse. If such provision is not available on the insurance policies, Tenant is required to notify Authority thirty (30) days prior to the policy cancellation, non- renewal or material change in coverage. C. Evidence of Insurance. Tenant shall secure and deliver annually to Authority appropriate insurance certificates showing evidence of coverage as required hereunder. Tenant shall file with the Authority a duly executed original certificate of insurance evidencing that the insurance required by this Lease is extended. Authority has the right to request copies of any policies required under this -20 - 16G2 Section. D. Form of Policies. All policies of insurance required under this Section must be in a standard form and written by qualified insurance companies satisfactory to the Authority. Insurance carriers must maintain throughout the term of this contract an AM Best rating of A- VII or better. All provisions set forth herein must be verified on the required Evidence/Certificates of Insurance. (1) Certificate Holder, Additional Insured, and Loss Payee shall be listed as: "Collier County Airport Authority,"at its address, 2005 Mainsail Drive, Suite 1,Naples,Florida 34114. (2) All insurance policies shall contain a clause or endorsement by which the insurance carrier waives all rights of subrogation against Authority, except where the Authority or its agents are liable for a specific act of gross negligence. Evidence of the Waiver of Subrogation shall appear on the Evidence/Certificate of Insurance. (3) General/Aviation Liability policy(ies) shall name the "Collier County Airport Authority," as an additional insured. Evidence of that provision shall appear on the Evidence/Certificate of Insurance. (4) Property policy(ies) shall name the "Collier County Airport Authority," as Loss Payee for its interest in the Premises. Evidence of that provision shall appear on the Evidence of Property Insurance form or similar Certificate of Insurance. (5) All insurance policies shall provide that the Authority be given thirty (30) days prior written notice of cancellation, non-renewal or material change in coverage or AM Best rating. Such provision shall appear on the Evidence/Certificate of Insurance. If such provision is not available on the insurance policies, Tenant is responsible to notify Authority thirty (30) days prior to policy cancellation,non-renewal or material change in coverage. (6) All of Tenant's required insurance policies shall be primary and non- contributory insurance to the Authority's. Such provision shall appear on the Evidence/Certificate of Insurance. (7) The Authority does not represent that the types or amounts of insurance required herein are sufficient or adequate to protect Tenant's interests or liability but are only minimum requirements. Authority reserves the right to require any other reasonable insurance coverage which the Authority deems necessary depending upon the risk of loss and exposure to liability. E. Notice. Tenant shall give the Authority prompt and timely written notice of any claim made or suit instituted of which Tenant is aware that in any way directly, indirectly, contingently, or otherwise affects or might affect the Authority, and the Authority shall have the right to participate in the defense of the claim to the extent of its interest. F. Lapse of Insurance Coverage. If Tenant shall fail to maintain insurance coverage as required,then the Authority may,but is not obligated to,obtain same and add the cost of such insurance to next due lease rental payment. If the Authority does so, it may charge interest thereon at the rate of 18.0 % per annum, or at the maximum interest rate permitted by law in the State of Florida, whichever is greater, provided, however,that this provision shall not be construed to create an obligation for Tenant to pay a usurious rate of interest to the Authority, from the time of payment, which shall be -21 - I6G2 added to the rental becoming due, and shall be collected as an additional charge. G. The Authority reserves the right in its sole reasonable discretion to increase or otherwise modify on an annual basis throughout the term of this Lease all the Tenant's insurance requirements hereunder, including, without limitation, the types and form of insurance coverage required and the minimum amounts of each such required insurance coverage. The Authority will provide not less than thirty (30) days prior written notice to Tenant of any modifications to the insurance requirements hereunder. 27. ACCESS TO PREMISES. Tenant agrees to allow the Airports Manager, and other duly authorized representative or agents of the Authority,access at all reasonable times to the Premises to examine or inspect the Premises. Upon the expiration or termination of this Lease for any reason, Tenant shall vacate the Premises and deliver immediate possession of the Premises to the Authority. 28. SURRENDER DAMAGES. A. Personal Property. Upon termination or expiration of this Lease, provided all amounts due to Authority have been paid, Tenant shall have the right and responsibility to remove all its personal property exclusive of fixtures that it has maintained on the Premises, which removal shall be accomplished no later than the termination or expiration date of this Lease. Electrical and plumbing facilities, air conditioners and other permanently installed fixtures shall not be considered personal property. Tenant agrees to repair any damage occasioned by the removal of its personal property or damage caused by Tenant's occupancy. If Tenant fails to remove its personal property or to repair any damage done to the Premises by the expiration or termination date, the Authority reserves the right to remove and dispose of all such personal property abandoned,and to make any necessary repairs to restore the Premises, at Tenant's expense. B. Title to Improvements. Tenant acknowledges that at the expiration, cancellation, or other earlier termination of this Lease, all buildings and improvements on the Premises become the property of the Authority, free and clear of all liability and encumbrances, and any further occupancy by the Tenant will be based on that ownership principle. Tenant further acknowledges that the Authority may choose to use the Premises for its own purposes and elect not to re-lease the Premises to any other party. C. Failure to Surrender Premises. If Tenant fails to surrender the Premises to the Authority on expiration, or after termination or cancellation of this Lease as required by this Section, Tenant shall defend, indemnify,and hold Authority harmless from all claims, liability,costs,and damages resulting from Tenant's failure to surrender the Premises, including without limitation, claims made by a succeeding tenant or subtenant. The duty to defend hereunder is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Tenant, Authority, and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Tenant. Tenant's obligation to indemnify and defend hereunder will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the Authority or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. -22 - � 6G2 29. DEFAULT. Each of the following shall constitute an event of default on the part of Tenant under this Lease: A. Nonpayment. Failure of Tenant to pay when due any installment of the lease rental payment hereunder or interest on a late lease rental payment, or failure of Tenant to pay when due any taxes, fees, fines, charges, special assessments or other amounts due under this Lease, if such failure continues and is not fully cured within ten(10)days after written notification to Tenant of such failure; B. Cross-Default. The breach of any other agreement, license, contract or permit between Tenant(or any officer,director,shareholder or principal of Tenant)and the Authority; C. Other Obligations. Failure of Tenant to perform any non-monetary obligation, agreement or covenant under this Lease, if such failure continues and is not fully cured within thirty (30) days after written notification to Tenant of such failure; D. Violation of Law. The violation by Tenant of any local, State or federal aviation law, order, statute, ordinance (including any resolution of the Authority), if such violation continues and is not fully cured within ten(10)days after written notification to Tenant of such violation; E. Violation of Rules and Regulations. An infraction or violation of the Authority's Lease Manual or Rules and Regulations having continued beyond the cure period set out in the written notice by the Authority to the Tenant of such infraction or violation. The permissible cure period shall be determined by the Authority in its sole absolute discretion on a case-by-case basis, depending on the seriousness of the infraction or violation. F. Bankruptcy. The filing of any voluntary petition in bankruptcy by Tenant, or the filing of any involuntary petition by Tenant's creditors, which remains undischarged for a period of thirty (30) days. In the event that under applicable law the trustee in bankruptcy or Tenant has the right to affirm this Lease and continue to perform the obligations of Tenant hereunder, such trustee or Tenant shall, in such time period as may be permitted by the bankruptcy court having jurisdiction, cure all defaults of Tenant hereunder outstanding as of the date of the affirmance of this Lease and provide to Authority such adequate assurances as may be necessary to ensure Authority of the continued performance of all of Tenant's obligations under this Lease (and, further, the Authority shall receive all the protections available to creditors under the United States Bankruptcy Code including, but not limited to, Section 365 thereof, as amended from time to time); G. Receivership. The appointment of a receiver to take possession of substantially all the Tenant's assets or the Premises, if such receivership remains undissolved for a period of one hundred eighty(180)days after creation thereof; H. Attachment. The attachment, execution or other judicial seizure of this Lease or all or a part of Tenant's assets located at the Premises, if such attachment or other seizure remains undismissed or undischarged for a period of ten(10)days after the levy thereof; I. Insolvency. The admission by Tenant in writing of its inability to pay its debts as they become due,the filing by Tenant of a petition seeking any reorganization,arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation,the filing by Tenant of an answer admitting or failing timely to contest a material allegation of a petition filed against Tenant in any such proceeding or, if within thirty (30) days after the -23 - 16G2 commencement of any proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed; and J. Pollutants. Any release by Tenant of pollutants, contaminants, or hazardous materials on or from the Premises. 30. AUTHORITY'S REMEDIES The following shall constitute the Authority's remedies upon the occurrence of any event of default set forth in Section 29 herein (provided, however, the following remedies are not exclusive; they are cumulative and in addition to any other remedies now or hereafter allowed by law or equity): A. Termination. If an event of default under this Lease occurs, the Authority shall have the absolute right, with or without notice or demand, to immediately terminate this Lease and recover possession of the Premises or any part thereof and expel and remove therefrom Tenant and any other person occupying the Premises, by any lawful means, and again repossess and occupy the Premises without prejudice to any of the remedies that Authority may have under this Lease, or at law or equity by reason of Tenant's default or of such termination; B. Continuation After Default. Even if Tenant has breached this Lease and/or abandoned the Premises, at Authority's option, this Lease may continue in effect, and Authority may enforce all of its rights and remedies under this Lease, including, without limitation, the right to recover lease rental as it becomes due hereunder; and the Authority, without terminating this Lease, may exercise all of the rights and remedies of a landlord under the laws of the State of Florida. Acts of maintenance or preservation, efforts to lease the Premises, or the appointment of receiver upon application of the Authority to protect Authority's interest under this Lease shall not constitute an election to terminate Tenant's right to possession. C. Damages Upon Termination. Should the Authority terminate Tenant's right to possession or terminate this Lease, the Authority shall have all the rights and remedies of a landlord in addition to governmental police power, all as provided by the laws of the State of Florida. At its option, the Authority may recover possession of the Premises and lease it to another tenant, reimburse itself for any expenses, and apply whatever net rent is derived from this transaction in reduction of the amounts due the Authority from Tenant in rents and other charges. Such re-leasing activity will be at the Authority's option, and the Authority has no duty to exercise this option, but if the Authority does, such activity will not waive or release Tenant from its obligation to pay lease rental under this Lease. Upon termination of Tenant's right to possession or of this Lease, in addition to any other rights and remedies to which the Authority may be entitled under applicable law,Authority shall be entitled to recover from Tenant: (1) the amount at the time of award of the unpaid rental amount and other amounts which had accrued at the time of termination; (2) an amount equal to the amount by which the unpaid rental amount that would have been earned after termination until the time of award exceeds the amount of such rent loss that the Tenant proves could have been reasonably avoided; (3) the worth at the time of award of the amount by which the total unpaid rent for the balance of the term of this Lease after the time of award exceeds the amount of such rent loss that the Tenant proves could be reasonably avoided; and -24 - I 6 G 2 (4) any other amount necessary to compensate the Authority for all the economic losses proximately or consequentially caused to the Authority by Tenant's failure to perform its obligations under this Lease. The amounts referred to in (1) and (2) shall be computed with interest at the rate of eighteen percent (18%) per annum or the maximum interest rate permitted by law in the State of Florida, whichever is greater, provided, however, that this provision shall not be construed to create an obligation for Tenant to pay a usurious rate of interest to the Authority. The amount referred to in (3) shall be computed by reference to competent appraisal evidence of the formula prescribed by and using the lowest discount rate permitted under applicable law. 31. DESTRUCTION AND RESTORATION OF PREMISES. In the event that the Premises or the improvements located thereon shall be destroyed in whole or in part by fire,hurricane, flood or other casualty,then the following will apply: A. If the Premises are partially destroyed and the damage does not exceed fifty percent (50%) of the value of the structure and improvements, the Premises shall be rebuilt utilizing insurance proceeds, and the lease rental payment described in Section 5 shall abate during the period of reconstruction but in no event in excess of six(6)months from the date of the partial destruction; and B. If the damage to the Premises exceeds fifty percent(50%), the Tenant shall have the option to rebuild an equivalent structure using the insurance proceeds to pay for the reconstruction cost. If the Tenant elects to rebuild, it is obligated to commence construction within six(6)months from the date of the destruction and to complete construction within eighteen (18) months after the date of destruction. The lease rental shall abate during the period of reconstruction but in no event shall abate in excess of six (6) months from the date of commencement of reconstruction, or Tenant will have the option to terminate this Lease in which case Authority will retain the insurance proceeds as liquidated damages. In any event, Tenant shall comply with the requirements of Sections 12, 13 and 14 above. 32. AIRPORT DEVELOPMENT. Tenant agrees that Authority may develop or improve the facilities at the Airport as it deems advisable, regardless of the interests of the Tenant, and without interference or hindrance from Tenant. 33. ATTORNEYS' FEES. The prevailing party shall recover the attorneys' fees and costs incurred to enforce any provision of this Lease including all costs of collection. Attorneys' costs and expenses recoverable shall include all out-of-pocket expenses and shall not be limited by the Florida Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. 34. RIGHT OF FLIGHT OPERATIONS. Tenant acknowledges and agrees that the Authority reserves for itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in the airspace such noise as may be -25 - I 6 G 2 inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the airspace, and for use of the airspace for landing on, taking off from, maneuvering, or operating on the Airport. Tenant's use and enjoyment of the Premises is subject to such noise and such other disturbance as may be inherent in such operations. 35. AIRCRAFT HAZARDS. A. Self-Help by Authority. Tenant acknowledges and agrees that the Authority reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent Tenant from erecting, or permitting to be erected, any building or other structure on or adjacent to the Airport which, in the opinion of the Authority, would limit the usefulness of the Airport or constitute a hazard to aircraft. B. Navigational Aids. The Authority reserves the right during the Lease Term, any renewal thereof, or any extension, to install air navigational aids including lighting, in, under and across the Premises, at the Authority's expense. The Authority agrees to give Tenant no less than ninety (90) days' notice of its intention to install the air navigational aids. 36. OBSTRUCTIONS. Tenant expressly agrees for itself, its successors, and assigns, to 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. 37. CONDEMNATION. A. Lease Termination. If, at any time during the term of this Lease, the Authority's possession or rights are terminated, or the entire or substantially all of the Premises shall be taken in condemnation proceedings or by any right of eminent domain, then this Lease shall terminate and expire on the date of such event and the lease rental and other charges payable hereunder shall be apportioned and paid to the date of such event. For purposes of this Section, "substantially all of the Premises" shall be deemed to have been taken if the remaining portion of property cannot be practically and economically used or converted for use by Tenant for the purpose permitted by this Lease. B. Compensation. Nothing herein shall waive any right that Authority or Tenant may have concerning any rights to be compensated for the appropriation or taking of property or rights by condemnation. 38. NONDISCRIMINATION The Tenant, for itself, its officers, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event the improvements on the Premises are operated for a purpose for which a Department of Transportation ("DOT") program or activity is extended or for another purpose involving the provision of similar services or benefits, the Tenant shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally-assisted Programs of the DOT, and as those regulations may be amended. -26 - I6G2 The Tenant for itself, its officers, successors in interest, and assigns, as a part of the consideration hereof,does hereby covenant and agree that: (i) no person on condition of race, color, or national origin, shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of the Premises, (ii) in the construction or alteration of any improvements on or over the Premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (iii) the Tenant shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally-assisted Programs of the DOT, and as those regulations may be amended. 39. GOVERNING LAW. This Lease shall be governed by and interpreted according to the laws of the State of Florida. Any litigation involving this Lease, or the use and occupancy of the Premises, shall be filed and litigated in Collier County, Florida, in a non jury proceeding. Tenant hereby waives and releases any right it has or may have to a trial by jury of any issue. 40. BINDING EFFECT. This Lease shall be binding upon and inure to the benefit of the Parties hereto and their successors and such assigns as may be approved by the Authority. This reference does not authorize an assignment or subletting by Tenant that is inconsistent with the restrictions on assignments and subletting, stated heretofore. -27 - 16G2 41. REMEDIES CUMULATIVE NO WAIVER. A. Cumulative Rights. The rights and remedies granted to Authority hereunder shall be deemed to be cumulative and non-exclusive. The failure by Authority at any time to assert any such right or remedy shall not be deemed to be a waiver and shall not preclude the entitlement to or the assertion of such right or remedy at a later date. B. Acceptance of Partial Payments. The Authority may, at its exclusive option, accept partial or late lease rental payments from Tenant, without waiving any rights concerning collection of the full amount due, and without waiving the Tenant's default for non-payment. Authority may simultaneously accept partial payments due hereunder and still proceed to dispossess Tenant and/or terminate this Lease or its right to occupy the Premises. Nothing in this provision shall excuse Tenant from making timely payments as they are due. _ 42. NOTICE TO PARTIES. It is understood and agreed between the Parties hereto that written notice, mailed by certified mail, return receipt requested, or hand delivered to Authority or Tenant or Tenant's agent shall constitute proper and sufficient notice if sent to the places designated in Section 1 or at such other address as either party may designate to the other by notice in writing. 43. SEVERABILITY. In the event any provision of this Lease is determined by a proper judicial authority to be unenforceable, such provision shall be considered separate and severable from the remaining provision of this Lease, which shall remain in force and be binding as though such unenforceable provision had not been included, unless the Authority in the reasonable exercise of its discretion determines that the provision found to be unenforceable goes to the essence of the Lease and its absence renders the Lease defective,then this Lease shall terminate and be of no further force or effect. 44. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the Parties hereto, supersedes all prior written or oral agreements or understandings, and may be modified only by a writing executed by the Parties hereto. 45. DOMINANT AGREEMENTS. Tenant hereby covenants and agrees that all of Tenant's rights and privileges under this Lease are subject and subordinate to any and all rights, liens, licenses, leases, tenancies,mortgages, uses, encumbrances and other restrictions which may now or hereafter bind the Authority or encumber the Airport(or any part of the Premises), and to all renewals, modifications and extensions thereof. Without limiting the generality of the foregoing, Tenant expressly understands and agrees that this Lease is subordinate and subject to the Lease Manual, Rules and Regulations, and any and all lending, bonding or certificate of participation, and any and all agreements between the Authority and the FAA, State of Florida, Collier County or other governmental entity or agency, whether presently existing or hereinafter created. During times 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 United States Government, shall be suspended. Any executed lease, including this one, -28 - i6 G2 shall be subordinate to the provisions of any existing or future agreement between Authority and the United States, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the Airport. Tenant hereby covenants and agrees to modify any of the terms and conditions of this Lease that may be determined to be in violation of existing or future laws,regulations,grant assurances or other requirements. In the event the Parties are unable to mutually agree to a reasonable modification of the terms and conditions of this Lease pursuant to this Section 45,the Authority may rescind this Lease by providing thirty(30)days written notice to Tenant. 46. RADON DISCLOSURE. Radon is 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 the Collier County Public Health Unit. 47. HEADINGS. The Section headings are included in this Lease for reference purposes only and shall not be employed to interpret or to construe this Lease. 48. AUTHORIZATION. Each entity executing this Lease warrants and covenants that this Lease and its execution has been duly authorized and approved by its respective governing board or authorized agents. 49. AMENDMENT. This Lease shall not be altered, changed, or amended except by instrument in writing executed by the Authority and the Tenant. 50. FAA REQUIRED CONTRACT PROVISIONS. A. Civil Rights — General. The Tenant and its transferee agree to comply with pertinent statutes, Executive Orders, and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the Tenant or its transferee for the period during which Federal assistance is extended to the Authority through the Airport Improvement Program. In cases where Federal assistance provides, or is in the form of personal property;real property or interest therein; structures or improvements thereon,this provision obligates the party or any transferee for the longer of the following periods: (a)the period during which the property is used by the Authority or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits; or(b)the period during which the Authority or any transferee retains ownership or possession of the property. B. Civil Rights — Title VI Assurances - Compliance with Nondiscrimination Requirements. During the performance of this Lease, Tenant, for itself, its assignees, and successors in interest agrees as follows: -29 - 1 6 G2 (1) Compliance with Regulations: The Tenant (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: The Tenant, with regard to the work performed by it during this Lease, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Tenant will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. (3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Tenant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Tenant of the Tenant's obligations under this Lease and the Nondiscrimination Acts And Authorities on the grounds of race, color, or national origin. (4) Information and Reports: The Tenant will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books,records,accounts,other sources of information,and its facilities as may be determined by the Authority or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a Tenant is in the exclusive possession of another who fails or refuses to furnish the information, the Tenant will so certify to the Authority or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of Tenant's noncompliance with the Non-discrimination provisions of this Lease,the Authority will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: (a) withholding any payments to the Tenant under this Lease until the Tenant complies; and/or (b) cancelling,terminating, or suspending this Lease, in whole or in part. (6) Incorporation of Provisions: The Tenant will include the provisions of Subsections 50.B.(1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Tenant will take action with respect to any subcontract or procurement as the Authority or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Tenant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Tenant may request the Authority to enter into any litigation to protect the interests of the Authority. In addition, the Tenant may request the United States to enter into the litigation to protect the interests of the United States. C. Transfer of Real Property Acquired or Improved Under the Activity, Facility. or Program. (1) Tenant for its/his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (as a covenant running with the land during the term of this Lease)that: - 30 - 16G2 (a) In the event facilities are constructed, maintained, or otherwise operated on the property described in this Lease for a purpose for which a Federal Aviation Administration activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, Tenant will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin,will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. (2) With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants,the Authority will have the right to terminate the licenses, leases, permits, etc. and this Lease and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the licenses, leases,permits, etc. and this Lease had never been made or issued. D. Construction/Use/Access to Real Property Acquired Under the Activity, Facility or Program. (1) Tenant for itself/himself/herself, its/his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree(as a covenant running with the land during the term of this Lease)that: (a)no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (b) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, and(c)that Tenant will use the premises in compliance with all other requirements imposed by or pursuant to the List of discrimination Acts And Authorities. (2) In the event of breach of any of the above nondiscrimination covenants, the Authority will have the right to terminate the licenses, leases, permits, etc. and this Lease and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if the licenses, leases, permits, etc. and this Lease had never been made or issued. E. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this Lease, Tenant, for itself, its assignees, and successors in interest,agrees to comply with the following non-discrimination statutes and authorities, including but not limited to: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,color,national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of Transportation—Effectuation of Title VI of The Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - 31 - I 6 G 2 • Airport and Airway Improvement Act of 1982, (49 USC § 471, section 47123), as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors,whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 — 12189)as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)(prohibits discrimination on the basis of race,color,national origin,and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);and • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq). F. Federal Fair Labor Standards Act. All contracts and subcontracts that result from this solicitation (including this Lease) incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. Tenant has full responsibility to monitor compliance to the referenced statute or regulation. Tenant must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor—Wage and Hour Division. G. Occupational Safety and Health Act. All contracts and subcontracts that result from this solicitation (including this Lease) incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Tenant must provide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. Tenant retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Tenant must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor—Occupational Safety and Health Administration. 51. FLORIDA PUBLIC RECORDS LAWS. A. IF TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO TENANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS LEASE, CONTACT THE AUTHORITY'S CUSTODIAN OF PUBLIC RECORDS AT - 32 - 16G2 (239) 252-1059, marco.customerservice@colliercountyfl.gov AND/OR 2005 MAINSAIL DRIVE,NAPLES, FLORIDA 34114. B. Tenant acknowledges and agrees that Tenant shall be required to comply with Florida's Public Records Laws, Chapter 119, Florida Statutes. Specifically, Tenant hereby covenants and agrees that it shall: (1) keep and maintain public records required by the Authority to perform the services under this Lease; (2) upon request from the Authority's custodian of public records, provide the Authority with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Lease and following completion of this Lease if Tenant does not transfer the records to the Authority;and (4) upon completion of this Lease, transfer, at no cost, to the Authority all public records in possession of Tenant or keep and maintain public records required by the Authority to perform the services under this Lease. If Tenant transfers all public records to the Authority upon completion of this Lease,Tenant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Tenant keeps and maintains public records upon completion of this Lease, Tenant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Authority, upon request from the Authority's custodian of public records, in a format that is compatible with the information technology systems of the Authority. - 33 - 16G2 IN WITNESS WHEREOF,the Parties have caused this Lease to be executed as of the Effective Date. AUTHORITY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SERVING AS THE COLLIER COUNTYAIRPORT AUTHORITY By: Chris Hall,Chairman ATTEST: Crystal K. Kinzel, Clerk of Courts & Comptroller By: C � . Attest aster Chairman• ileichAittAe_ (SEAL); ts, ,siOnatetre only TENANT: WITNESSES: Quality Enterprises USA, Inc. 1RI4 6, By: Witness#1 Name: Marcie Cohen Print Name:LOUIS J. GAUDIO Print Title: VICE PRESIDENT cl itne s#2 N razier Approved a o .•% = -gality: r■ Jeffrey A. ;: ow, ql,k.ty Attorney -34 - 16G2 EXHIBIT"A" [LEGAL DESCRIPTION AND SKETCH] oMQZ003-d 73o8Vd 7S-6f 1-00\S7vo37 2F H013>IS\,13/1b'ns\12dOdd/v 337t/V/OINWI - 601\0000 A3AHnS l,7,ovdl n�ns\:o (g9 Od 'OL [� d0) I a 0 atz> 0Cs' g _� l00 QGG O O Q ~ W N Q O Os,•L� 1-•�hr 3,,I.61bba88 N d o 0 0 2 'vg�i`. + , �''- O }z 0 A. u - c�;G? o ^� 'r - On �a� m c9 ` C`) " wouj CO o LLI o if* 1 , 0 O II Z U U W o = m ¢ tu' J g..i ri') 3 o ili N =zo111j. 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Ord ,. ;r • t �6, .y U J .c J co Z W W O CC— J CC W fr W r W Z w 2 I- ,/, * ,. ow ' H A" 2_ , ao k r fi . r . ; }fit t. 1 ¢ i , ,,. . ... .,,,..._.„ i„ ...,. 1 • , 9 i V 3 �i1 //L: : 0 n) 1 16G2 Exhibit"C" [E-VERIFY ENROLLMENT CERTIFICATION] � 6G2 11/10/2020 E-Verify:Employer Wizard-Company Information E-Verify Welcome Company User ID _MENU Jacquelyn Horeth QUALITY ENTERPRISES USA,INC JHOR2058 Company Information Company Name Company ID Number Doing Business As(OBA)Name QUALITY ENTERPRISES 234219 -- USA,INC DUNS Number Physical Location Mailing Address Address 1 Address 1 3494 Shearwater St -- Address 2 Address 2 City City Naples -- State State FL — Zip Code Zlp Code 34117 -- County COLLIER Additional Information Employer Identification Number Total Number of Employees Parent Organization 540947002 100 to 499 Administrator QUALITY ENTERPRISES USA INC Organization Designation Employer Category Federal Contractor without FAR E-Verify Clause View/Edit NAICS Code Total Hiring Sites Total Points of Contact 238-SPECIALTY TRADE 1 2 CONTRACTORS View!Edit View!Edit View!Edit] View Original MOU Template View MOU �� 1 4. Last Login:11/10/2020 01:30 PM .-east .lfll111. U.S.Department of Homeland Security U.S.Citizenship and Immigration Services Enablo Permanent Toollips Accessibility Download Viewers https://e-verify.uscis.gov/web/EmployerWlzard.aspx 1/1 I 6 G 2 Exhibit"D" [CERTIFICATE OF LIABILITY INSURANCE] 16G2 AcoRE CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) kk....."---- 6/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT A Marsh&McLennan Agency LLC PNAME: HONE Marsh&McLennan Agency LLC X 222 Central Park Avenue, Suite 1340 Wc.No.Extl:757-456-0577 (A/C,No): Virginia Beach VA 23462 E-MAIL ADDRESS: certificates@MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC S INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:Evanston Insurance Company 35378 Quality Enterprises USA, Inc. & Quality Environment Co Inc. INSURER C:Phoenix Insurance Company 25623 3494 Shearwater Street INSURER D:Travelers Prop&Casualty Co of America 25674 Naples FL 34117 INSURERS:Travelers Indemnity Co of America 25666 INSURER F:Ascot Insurance Company 23752 COVERAGES CERTIFICATE NUMBER:871511624 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER - — LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MMIDD/YYYYI (MM/DDIYYYY) LIMITS C X COMMERCIAL GENERAL LIABILITY Y DTCO7N91352APHX23 7/1/2023 7/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREM SES fEa occurrence) $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY X PRO- JECT LOC i PRODUCTS-COMP/OPAGG 52,000,000 OTHER: $ E AUTOMOBILE LIABILITY 8107N672 1902326G 7/1/2023 7/1/2024 (EOa sBIN1EDtSINGLE LIMIT 51,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ X Comp various X Coll various PIP $10,000 aggregate — D X UMBRELLA LIAB X OCCUR CUP8N00458A2326 7/1/2023 7/1/2024 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTIONS in nnn $ A WORKERS COMPENSATION renewal of WC017931007 1 7/1/2023 7/1/2024 X STATUTE OT H- ER USL&H included AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000 B Pollution/Prof Liability MMAENV001943 1 7/1/2022 I 7/1/2024 52,000,000 each claim $4.000,000 Aggre F Installation Floater IMMA231000174601 7/1/2023 7/1/2024 $200,000 $2,500 DED DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:For any and all work performed on behalf of Collier County Collier County Board of County Commissioners is Additional Insured under the General Liability and auto policy with respects to work performed by the insured,as required by written contract,prior to a loss. Coverage is primary and non contributory where required by written contract or written agreement executed prior to any"accident",in no event will this coverage extend beyond the terms and conditions of the coverage form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Board of County Commissioners 3295 Tamiami Trail East Naples FL 34112 AUTHORIZED REPRESENTATIVE I cb' ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD