Agenda 08/27/2024 Item #16G 1 (Request from the Collier Mosquito Control District to terminate the existing Land Lease Agreement for Hangar Construction at the Immokalee Regional Airport (IMM))SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
August 27, 2024
Move item 16G1 to 11C: Recommendation that the Board of County Commissioners, acting as the Collier County
Airport Authority, approve a request from the Collier Mosquito Control District to terminate the existing Land
Lease Agreement for Hangar Construction at the Immokalee Regional Airport (IMM) and approve the assessment
of damages incurred by the Airport Authority. (Commissioners McDaniel, LoCastro, Kowal, Saunders, and Hall
Separate Requests)
Continue Item 16B2 to the September 10, 2024, BCC Meeting: Recommendation to approve an Agreement for
the purchase of an unimproved tract of land (Parcel 154FEE) required for the Lake Kelly Weir Stormwater Project
(Project No. 50310). Estimated Fiscal Impact: $222,000. (Commissioner Kowal’s Request)
Notes: The Commissioner District listed for item 11B should be District 5.
TIME CERTAIN ITEMS:
4A to be heard at 9:15 AM: Proclamation congratulating Kathleen Passidomo on her impactful tenure as
President of the Florida Senate.
8/27/2024 8:42 AM
08/27/2024
EXCUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority,
approve a request from the Collier Mosquito Control District to terminate the existing Land Lease
Agreement for Hangar Construction at the Immokalee Regional Airport (IMM) and approve the assessment
of damages incurred by the Airport Authority.
__________________________________________________________________________________________________________________________________________________________________________
OBJECTIVE: To obtain approval of a written request to the Collier County Airport Authority from Mr. Patrick
Linn, Collier Mosquito Control District’s Executive Director, to terminate the current 40-year lease on a 10-acre
parcel on the southwest corner of the Immokalee Regional Airport that was to be used for the construction of
aircraft hangars and supporting infrastructure.
CONSIDERATIONS: On May 10, 2022, (Agenda Item 16G1), the Authority approved a Leasehold Agreement
(the “Lease”) with the Collier Mosquito Control District (the “Tenant”) to construct aircraft hangars at IMM. The
term of the fully net Lease is forty (40) years for a parcel of land approximately 449,975 square feet, which was to
be utilized for the construction, and subsequent operation of: aircraft hangars, a Collier Mosquito Control District
administration facility, fuel truck parking, and support infrastructure.
During the Site Development Plan application process, the Tenant sought to alter its Proposed Master Plan, which
precipitated a Section 163 Evaluation by the Federal Aviation Administration (FAA). On March 13, 2023, the
review resulted in the entire encumbered parcel being designated as aeronautical use, which effectively reduced the
rental rate per square foot for the land lease.
The Tenant expended significant amounts of time and money in conducting the preliminary planning and design of
this project: however, upon bidding out the first phase, it became clear that the project’s costs had escalated more
than 300% of the original estimates. Subsequently, on May 28, 2024, the Board of Commissioners for Collier
Mosquito Control District voted to terminate the lease agreement with the Authority.
The Authority intends to resolicit the parcel (approximately 10.33 acres) pending the outcome of this item.
Termination of this lease agreement will allow the Authority to advertise the property for a viable project, which is
consistent with the Collier County Strategic Plan to encourage diverse economic opportunities and safeguard
taxpayer money by promoting fiscal stewardship and maintaining self-sustaining airports.
FISCAL IMPACT: Any future lease rental monthly installments would be eliminated. The obligation to pay the
monthly rent was not to commence until the Collier Mosquito Control District received a Certificate of Occupancy
upon completion of the first hangar. To this date, no revenue has been received by the Collier County Airport
Authority on this lease. Should this lease be terminated, the Authority would forgo annual land lease revenue of
$49,407.26.
Section 13 of the attached lease agreement required the tenant to construct the “Initial Hangar Facilities” within 24
months from the date of the lease or be liable for any damages sustained by the Authority. Using the expected date
of commencement of construction (May 10, 2024) until the date of this item (August 27, 2024), total damages
equate to $14,754.50 (annual revenue $49,407.26 / 365 days = $135.36 x 109 days = $14,754.50).
GROWTH MANAGEMENT IMPACT: This item is consistent with Section B: Intermodal & Multimodal
Transportation, Subsection 2: Aviation of the Transportation Element of the Growth Management Plan .
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. Litigating any issue,
including this one, with another local government agency is not recommended. This item is approved as to form
and legality and requires majority vote for approval. -JAK
16.G.1
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08/27/2024
RECOMMENDATION: That the Board of County Commissioners, acting as the Airport Authority, approve the
request for the termination of Land Lease Agreement with Collier Mosquito Control District related to its
construction of aircraft hangars at the Immokalee Regional Airport and approve the assessment of damages
incurred by the Airport Authority.
Prepared by: Bryant Garrett, AAE | Executive Manager Collier County Airport Authority
ATTACHMENT(S)
1. [Linked] EXEC Lease Agreement-Collier Mosquito Control BCC 05.10.22 16G.1 (PDF)
2. Executed 1st Amendment 07_11_2023 Item #16G 1 (PDF)
3. Letterhead for Terminating the Mosquito Control District IMM Lease Agreement (PDF)
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08/27/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Doc ID: 29531
Item Summary: Recommendation that the Board of County Commissioners, acting as the Collier County Airport
Authority, approve a request from the Collier Mosquito Control District to terminate the existing Land Lease
Agreement for Hangar Construction at the Immokalee Regional Airport (IMM) and approve the assessment of
damages incurred by the Airport Authority.
Meeting Date: 08/27/2024
Prepared by:
Title: – Transportation Management Operations Support
Name: Darren Hutton
07/29/2024 11:24 AM
Submitted by:
Title: – Airport Authority
Name: Bryant Garrett
07/29/2024 11:24 AM
Approved By:
Review:
Transportation Management Operations Support Darren Hutton TMSD Reviewer Completed
08/03/2024 10:52 AM
Road Maintenance Ellen Sheffey TMSD Reviewer Completed 08/06/2024 8:24 AM
Transportation Management Services Department Danielle Bates Transportation Management Services
Department Completed 08/06/2024 10:14 AM
Transportation Management Services Department Jay Ahmad Transportation Completed
08/07/2024 7:29 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 08/07/2024 8:13 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/07/2024 8:17 AM
Office of Management and Budget Agnieszka Chudy OMB Reviewer Completed 08/12/2024 7:46 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 08/21/2024 12:43 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 08/27/2024 9:00 AM
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Packet Pg. 1603 Attachment: Executed 1st Amendment 07_11_2023 Item #16G 1 (29531 : Collier Mosquito Control District Lease Termination)
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Packet Pg. 1604 Attachment: Executed 1st Amendment 07_11_2023 Item #16G 1 (29531 : Collier Mosquito Control District Lease Termination)
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Packet Pg. 1605 Attachment: Executed 1st Amendment 07_11_2023 Item #16G 1 (29531 : Collier Mosquito Control District Lease Termination)
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Packet Pg. 1606 Attachment: Executed 1st Amendment 07_11_2023 Item #16G 1 (29531 : Collier Mosquito Control District Lease Termination)
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Packet Pg. 1607 Attachment: Executed 1st Amendment 07_11_2023 Item #16G 1 (29531 : Collier Mosquito Control District Lease Termination)
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Packet Pg. 1608 Attachment: Executed 1st Amendment 07_11_2023 Item #16G 1 (29531 : Collier Mosquito Control District Lease Termination)
COLLIER COUNTY AIRPORT AUTHORITY
2005 Mainsail Drive, Suite 1
Naples, FL 34114-8955
(239) 642-7878
www.collieraviation.com
Marco Island Executive Airport Immokalee Regional Airport Everglades Park
2005 Mainsail Drive, Suite 1 165 Airpark Boulevard 650 E.C. Airpark Road
Maples, FL 34114-8955 Immokalee, FL 34142 Everglades City, FL 34139
239.394.3355 239.657.9003 239.695.2778
239.642.5427 Fax 239.657.9191 Fax 239.695.3558 Fax
August 28, 2024
Mr. Patrick Linn, Executive Director
Collier Mosquito Control District
600 North Road
Naples, Florida 34104-3464
Dear Mr. Linn:
At the Board of County Commissioner's meeting on August 27, 2024, the Board approved the
Collier Mosquito Control District's request to terminate its land lease signed May 10, 2022,
with the Airport Authority. Therefore, both parties mutually agree to terminate the
agreement, effective August 28, 2024.
If the Collier Mosquito Control District has any appurtenances, improvements, personal
property, equipment, and/or signs on the Premise, all shall be removed within 30 days of this
letter or prior to September 26, 2024.
Please feel free to contact me at (239) 252-8425 or by email at
Bryant.Garrett@colliercountyfl.gov if you have any questions.
Respectfully submitted,
Bryant Garrett, AAE
Executive Airports Manager
16.G.1.c
Packet Pg. 1609 Attachment: Letterhead for Terminating the Mosquito Control District IMM Lease Agreement (29531 : Collier Mosquito Control District Lease
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THIS LEASEHOLD AGREEMENT (this "Lease") is made as of the I0f1%day ofo-V_,
2022 by and between COLLIER COUNTY, a political subdivision and political subdivision of the State of
Florida, acting as the COLLIER COUNTY AIRPORT AUTHORITY, with administrative offices located
at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114 (hereinafter referred to as the "Authority"), and
Collier Mosquito Control District, an Independent Special District and political subdivision of the State of
Florida, with administrative offices located at 600 North Road, Naples, Florida 34104 (hereinafter referred
to as the "Tenant") (the Authority and Tenant are collectively referred hereto as the "Parties"), The Parties
hereby mutually covenant, agree, and promise as follows:
I. PARTIES.
The Authority's address, telephone number and email are:
Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
Attn: Andrew Bennett, Executive Airports Manager
Phone: 239-252-8425
Email: Andi-ew.Beniiett@colliei-countyfl.gov
colliercountyfl.gov
The Tenant's address, telephone number and email are:
Collier Mosquito Control District
600 North Road
Naples, FL 34104-3464
Phone: 239-436-1000
Email: plinn@cmcd.org
2. PURPOSE.
The purpose of this Lease is for Tenant to lease from the Authority a parcel of land (the
"Premises"), located on the lmmokalee 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 in accordance
with the terms and conditions of this Lease, The Authority's representative, for purposes of this Lease is its
Executive Airports Manager (the "Airports Manager"),
3. STATEKENT OF LEASE,
Tenant shall operate its aviation and related mosquito control district activities (which are
an essential governmental service) on the Premises for the health, safety and welfare of the citizens living
or working within the geographical boundaries of Tenant, In consideration of the payment of rent and the
faithful performance by Tenant Of the terms, conditions, and covenants herein contained, the Authority does
hereby lease to Tenant the Premises, together with any improvements now existing or hereafter constructed
thereon.
4. LEASE TERM,
The Premises are leased by the Authority to Tenant for a term (the "Lease Term") that shall
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commence upon the date the Panties execute this Lease and shall continue uninterrupted until forty (40)
years fi-om Tenant's satisfactory completion of construction and its obtaining a Certificate of Occupancy
from Collier County, Florida, for the Initial Hangar/Connector Facilities in accordance with Section 13 of
this Lease (the "Initial Certificate of Occupancy Date"), and shall continue uninterrupted thereafter for
forty (40) years (the "Expiration Date"), unless the Lease Term shall be sooner terminated as hereinafter
provided.
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 351,025 square feet of aeronautical use property and approximately 98,950 square feet of
non -aeronautical use property. The lease rental rate to be paid by Tenant for the Premises shall be
$53,711.58 annually (the "Base Rental" at $0,1098 per square foot aeronautical use and $0,1533 per square
foot non -aeronautical use), which shall be paid in equal monthly installments of$4,475.97 (the "Rent") and
shall be due and payable by the first day of every calendar month during the term hereof (the "Due Date").
The Tenant is sales tax exempt and will provide the Authority a copy of its Certificate of Exemption upon
execution of this Lease. If any sales taxes now or hereafter become due with respect to the Rent payable
by Tenant, then Tenant shall be solely responsible for payment of such sales taxes. Notwithstanding the
foregoing, the obligation to pay the Rent shall not commence until the Initial Certificate Of Occupancy
Date (issued upon completion of the Initial Hangar/Connector Facilities), although all other obligations and
responsibilities owed under this Lease shall run from the date that the Parties sign this Lease. 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 (based upon the Initial Certificate Of Occupancy Date), the Tenant shall pay rent equal to one
thirtieth (1/30111) of the monthly rental multiplied by the number of rental days of such fractional month as
of that commencement date.
B. Increase in Rental Rate, The lease rental rate sliall 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 as set forth in the Authority's Rates and Charges on file in the offices of the Airports Manager so
long as such lease rental rate adjustment program is uniformly applied to all tenants at the Airport leasing
under similar lease agreements, If the Authority exercises its right to unilaterally increase the Base Rental
rate in accordance with the terms and conditions of this Lease, the Rent shall be adjusted accordingly,
though still to be paid in equal monthly installments. Currently the Authority's lease rental rate adjustment
program is based on changes in the United States Department of Labor, Bureau of Labor Statistics,
Consumer Price Index (the Index for U.S. City Average for Urban consumers),
C. Place of Paymen . 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.
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G. LATE FEES AND CHARGES.
A. Right to Legal Proceedings, In the event Tenant falls 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, after providing Tenant written notice and opportunity to cure as required
hereunder, 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, and if said sum remains unpaid for more than
ten (10) days past the due date, the Tenant shall pay Authority a late payment charge equal to five percent
(5%) of each such payment not paid promptly and in full when due, Any amounts not paid promptly when
due shall also accrue compounded interest of two percent (2%) per month or the highest interest rate then
allowed by Florida law, whichever is higher, which interest shall be promptly paid by Tenant to the
Authority.
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 (after providing Tenant
written notice and an opportunity to cure as required hereunder), or from enforcing any other provisions
contained Herein.
7. RE, NEWAL.
At the sole and absolute discretion of the Authority, provided this Lease is not in default
prior to the Expiration Date, the Tenant shal l 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 that paid by Tenant at the Expiration Date, and it
should be anticipated to be a substantially greater amount. The right of first refusal may not be assigned,
8. RIGHT OF TERMINATION OR RELOCATION.
The Authority reserves the right to cancel and terminate all or portions of this Lease, upon
giving Tenant not less than twelve (12) months' written notice, if cancellation and termination is deemed
necessary by the Authority to implement any phase or portion of any Airport Master Plan adopted by
Authority, provided, however, the Authority agrees that before such Lease cancellation and termination 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, alternate premises located within the Airport, including hangars,
buildings, facilities, structures and improvements, equal to or greater in size than the area of the improved
Premises, After the Authority gives Tenant notice of its intent to cancel and terminate this Lease pursuant to
this provision, the Authority shall elect in writing one of the following options;
A. Relocation. If the Authority elects to relocate Tenant pursuant to this provision and,
the Tenant and the Authority mutually agree in writing to such relocation to an alternate premises, then the
reasonable actual out-of-pocket costs of moving Tenant's equipment and other property kept on the
Premises, to the alternate premises shall be paid by Authority. Further, 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,
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 from the
Authority for the fair market value of the leasehold interest, improvements and personal property on the
Premises taken for the balance of the Lease Term (the "Compensation Valuation"), as determined by a
qualified licensed appraiser agreed upon by the Parties, which agreement may not be unreasonably withheld
by either Party.
Tenant hereby waives, disclaims and releases all claims for costs, expenses and damages against
the Authority related to cancellation and termination of this Lease hereunder, except for the compensation
provided for in this Section. Notwithstanding the foregoing, this Lease may not be cancelled and terminated
pursuantto this Section 8 solely to allow the Authority or any other party to take possession of the Premises
or any portion thereof for operation of aircraft hangars for lease, The general intent is to prohibit the
Authority from terminating this 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, Aeronautical and Non -aeronautical Facilities, Tenant agrees that the Premises shall
be used for the construction (in accordance with plans and specifications designed in accordance with
Federal Aviation Administration (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 pursuant to this Lease) of approved aeronautical use and nott-aeronautical support hangars,
buildings and facilities; no other use or occupancy is authorized orshall be permitted, except for those
uses relative to mosquito control and commercial aviation uses found in Section 10, with the prior
approval of the Authority. Except as authorized under this Lease, the Authority retains full control over
the activities conducted on the Premises by modifying, amending and interpreting the Rules and Regulations
of the Authority; provided, however, no such modifications, amendments or interpretations of the Rules
and Regulations of the Authority, unless such change is otherwise required by State or Federal law, shall
prohibit or restrict the permitted activities of Tenant set forth in Subsection 9.C.
B. Non -Exclusive Use. Tenant and its permitted assignees, subtenants, agents,
employees, and customers 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 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. 1n such a case, a means of access, ingress and egress reasonably
equivalent to that formerly provided shall be substituted and concurrently made available.
C. Exclusive Use of Premises for Collier Mosquito Control Aviation and Support
Functions. Notwithstanding anything in this Lease to the contrary, Tenant and its employees, contractors
and agents shall be permitted (without requiring any prior approval by the Authority) to conduct mosquito
control activities at the Premises, including, without limitation, (i) operating, storing, maintaining and
repairing fixed -wing aircraft, helicopters, automobiles, and unmanned aerial vehicles, (ii) loading, using
and storing aviation fuel, oils, petroleum products, solvents, aircraft cleaning chemicals, lubricants, aircraft
maintenance and repair materials, aduiticides, larvicides and other mosquito control materials, (iii)
performing research and surveillance activities, (iv) providing education and public outreach, (v)
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conducting any and all other activities authorized by the charter of Tenant as codified under Chapter 2001-
298, Laws of Florida, as amended by Chapter 2004-425, Laws of Florida, and/or Chapter 388 (Mosquito
Control), Florida Statutes, all as may be amended from time to time, and (vi) operating and maintaining
hangars, buildings, facilities, laboratories, administrative offices and other improvements used in
conducting any of the foregoing mosquito control activities. Tenant agrees that it and its approved assignees
shall only -use the aeronautical designated facilities for the storage of 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 tile Airport. The
Authority strongly encourages aviation uses of its land and prohibits certain non -aviation uses of the
aeronautical Premises. The Authority requires that the Tenant, its approved assignees, always maintain
aircraft in its hangars on the Premises; subject to events that may require the relocation of aircraft to another
airport during certain times of the year or during utilization of the aircraft. In the event, however, that 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 (after providing Tenant written notice and
opportunity to cure as required hereunder) 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. Except for those uses relative to mosquito control as
permitted in Section 9, 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, warranty provider or maintenance contract servicer,
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 Sections 9 and 10 of this Lease.
D. Rule Compliance, Tenant shall not engage in any activities that violate or departfrom
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.
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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, automobile
parking facilities when necessary or convenient to further the Authority's management of theAirport.
1. 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 faels,
oils, and services in keeping with the best interest of the Authority,
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,
11. CONDITION OF PREMISES AND PERIODIC R`uHABILITATION.
Tenant accepts the Premises, and atl 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. Except as provided in Subsection 11,C, Tenantshall be responsible
for any damage to or contamination of the Premises occurring during Tenant's Lease Term 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. If such a violation of Federal, state or local
law is charged, then Tenant shall document the decontamination and provide to the Authority satisfactory
evidence that the Premises is not contaminated in violation of any State, Federal or local law or regulation,
and the Premises shalt 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, unless solely arising from the Authority's negligence or
misconduct.
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 or as elsewhere in this Lease, Tenant, its officers, employees,
agents, successors, and assigns, will not be responsible for any damage to or contamination of the Premises if
such damage oecontamination 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 sixty (60) days of the 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 seventy-five (75) days of the 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
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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) on a date
between the ninth (9th) and prior to the tenth (10th) anniversary date of the Initial Certificate Of Occupancy
Date of the Term of this Lease, (ii) on a date between the nineteenth (19th) and twentieth (20th) anniversary of
the Initial Certificate Of Occupancy Date of the Term of this Lease, (iii) on a date between the twenty ninth (29th)
and thirtieth (30th) anniversary of the Initial Certificate Of Occupancy Date of the Term of the Lease and (iv)
on a date between three (3) and two (2) years prior to the Expiration Date 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
following 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) waterpenetration;(11)niold/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 (if applicable); (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 reasonably repair, at Tenant's sole cost, all materially defective
or malfunctioning improvements noted in the Inspection Report within ninety (90) days of each Inspection
Deadline; provided, however, if the full reasonable repair of all such materially defective or malfunctioning
improvements noted in the Inspection Report requires more than ninety (90) days, then Tenant shall have
such additional time as is necessary so long as Tenant is continuously and diligently taking action to fully
complete all such repairs as soon as reasonably practical. Tenant understands and agrees that if all such
materially defective or malfunctioning improvements noted in the Inspection Repot are not reasonably
repaired by Tenant in accordance with the terms and conditions hereof then this Lease shall terminate (after
providing Tenant written notice and an opportunity to cure as required hereunder), and Tenant shall surrender
the Premises in accord with Section 28 herein and all other terms and conditions of this Lease.
11 CONSTRUCTION ACTIVITY,
Except as authorized or otherwise provided in Sections 13 and 14 of this Lease, 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;
provided, however, notwithstanding anything herein to the contrary, Tenant shall be permitted to make non-
structural modifications and improvements to the interior of any previously constructed hangars, buildings
and facilities on the Premises without requiring any prior written consent and approval by the Authority so
long as such modifications and improvements do not otherwise require a building permit from the Growth
Management Department of Collier County, Florida, 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.
.7.
C.NO
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. 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 (after providing Tenant
written notice and opportunity to cure as required hereunder) the Authority may pursue its remedies for
events of breach as provided herein, The superintendent shall be employed solely by the Tenant and be the
Tenant's representative on the Promises and shall have the authority to act on behalf of the Tenant.
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 iM, and regulations relating thereto, as either may be
amended, as well as Florida Statute § 448,095, as may be amended, Failure by the Tenant to comply with
the laws referenced herein shall constitute a breach of this Lease and (after providing Tenant written notice
and opportunity to cure as required hereunder) 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 or its Contractors, subcontractors or subsubcontractors' enrollment prior to the
commencement of any construction on the Premises, Evidence of such compliance, once
provided, shall comprise and be incorporated herein by reference as the E-Verify
Enrollment Certification Exhibit "C" to this Lease, 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 as may otherwise be exempt
by law,
For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website; http://www,dhs,_gov/E-y�rify, 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,
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 this 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
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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 this 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 tip the Premises to
Authority peaceably, quietly and in good order and condition, ordinary wear and tearexcepted,
1.3, INITIAL HANGAR FACILITY CONSTRUCTION,
Tenant shall construct the following, at its sole expense and in compliance with all the terms and
conditions of this Lease and in strict accordance with plans and specifications approved in writing by the
Authority (which approval may not be unreasonably withheld, delayed or conditioned); (a) upon the
Premises, one (1) aircraft hangar — (approx. 24,000 sq/ft, which shall include administrative office space),
fuel truck parking, storage, and support infrastructure (the "Initial Hangar Facilities"); and (b) upon areas
adjacent to the Premises that are specifically designated and reserved for the exclusive use of Tenant, all
such aircraft parking aprons, aircraft taxilanes, vehicle parking areas, roadways, driveways and other
improvements necessary to connect the Premises to the existing public taxiways, taxilanes, roads and rights -
of way which are used in common by all Airport users (the "Initial Connector Facilities") (the Initial
Hangar Facilities and Initial Connector Facilities collectively the "Initial Hangar/Connector Facilities").
Tenant shall be permitted to construct additional aeronautical and non -aeronautical developments to include
aircraft hangars, storage buildings, support facilities, research/administrative offices and other
infrastructure improvements on the Premises during the Lease Term (in addition to the Initial
Hangar/Connector Facilities) so long as such construction is (i) in compliance with Sections 12 and 14
hereof and all other terms and conditions of this Lease and (ii) in accordance with plans and specifications
approved in writing by the Authority (which approval may not be unreasonably withheld, delayed or
conditioned) and the Federal Aviation Administration (if required).
Tenant agrees that Tenant shall commence the construction of the Initial Hangar/Connector
Facilities within twenty four (24) months from the date of this Lease. In the event Tenant has not
commenced the construction of the Initial Hangar/Connector Facilities within thirty (30) months from the
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 actual darnages sustained by the Authority arising because
of Tenant's failure to comply with this provision of this Lease.
Prior to commencing construction of the Initial Hangar/Connector .Facilities on the Premises, the
Tenant shall comply with all the following provisions;
A. Commencement. Within eighteen (18) months of the date of this Lease, Tenant shall
deliver to the Authority all drawings, plans and specifications for construction of the Initial
Hangar/Connector Facilities 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, 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
reasonable recommended revisions. The Tenant shall prepare revised plans and specifications, consistent
with the Authority's reasonable recommendations. Tenant shall have the option of resubmitting to the
Authority revised plans and specifications, incorporating the Authority's reasonable recommended
revisions, within thirty (30) days of Tenant's receipt of the Authority's reasonable 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
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process shall be completed within twenty four (24) months from the date of this Lease. In the event Tenant
has not submitted acceptable plans and specifications to the Authority (and the Authority has not approved
the same in writing) within twenty four (24) months from the date of this Lease, this Lease shall ternainate,
and the Authority shall retain all funds paid to It by the Tenant (and the Parties shall be fully released from
all liabilities and obligations under this Lease), 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 boon 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 (H) 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. Tenant shall be required to obtain and
provide payment and performance bonds (as may be legally required to meet the minimum requirements of
Section 255,05, Florida Statutes, and/or any other applicable laws) or letter of credit in a sum equal to the
full cost of all such improvements, prior to the issuance of a Notice to Proceed construction work on the
premises. Said payment and performance bond, letter of credit or other security shall (i) name the Authority
as an obligee or beneficiary thereunder, (it) 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 perTormance 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
that the obligation to indemnify and defend under this section will survive the expiration or earlier
termination of this Lease until it is determined by finat 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
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Gt'�
Initial Hangar/Connector Facilities. Upon completion of the Initial Hangar/Connector Facilities, Tenant
shall provide Authority with "as built" plans and an "as built" survey certified to the Authority.
D. Construction Dgcuments, Tenant shall construct the Initial Hangar/Connector
Facilities 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 the Collier County, Florida, for, the Initial Hangar/Connector Facilities on the Premises
within forty eight (48) months from the date of this Lease.
F. Inspection and Acceptance. Tenant shall obtain all building permits and approvals
required. All improvements related to the Initial Hangar/Connector Facilities, 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 related to the Initial Hangar/Connector
Facilities, Any material deviation from the approved plans and specification must have prior approval by the
Authority and any required governmental agency,
H, Utili ies, 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.
1. Paving and Concrete,, Tenant must construct the pavement for the aircraft
movernent 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 related to the Initial Hangar/Connector
Facilities, an asphalt taxilane designed to current FAA standards from the north side of the Premises to
Taxiway Alpha of the Airport, along with an internal asphalt access roadway as identified on the Proposed
Master Plan attached hereto as Exhibit "B," with schematic drawing (and such constructed and extended
asphalt taxilane shall belong to the Authority but be dedicated for common use allowing ingress and egress
for Tenant and other tenants and authorized users, for at least the Lease Term of this Lease).
J. Finish Site Grading, Tenant shall perform, at Tenant's expense, all finish grading
of the Premises related to the Initial Hangar/Connector Facilities.
K. Frontage Clearances. Tenant shall insure that all frontages and clearance of the
Initial Hangar/Connector Facilities (i) comply 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 Sections 12 and 13 hereof, Tenant shall
not commence or conduct any new construction or work, or alter or repair any existing improvements, on
the Premises costing greater than Fifty Thousand and 00/100 Dollars ($50,000,00) without the Authority's
prior written approval, which approval may not be unreasonably withheld, denied, delayed, or conditioned
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by the Authority.
15, DISCHARGE OF LIENS,
Tenant shall not cause or allow any Its 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 (after
providing Tenant written notice and opportunity to cure as required hereunder), 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 Iienor, Tenant agrees to indemnify and hold the Authority harm less from all
liability and damages associated with the requirements, expenses and costs arising from Tenant's failure to
comply with this Section 15, 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;
k Airport Leasing Polite, 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 I" 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 that conflict with the Lease Manual, the Lease Manual shall control,
provided, however, notwithstanding anything herein to the contrary, the Lease Manual shall in no event
prohibit or restrict the permitted activities of Tenant set fbilli in Subsection 9.C,
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 the Airport, which are on file at the address set fo►lli above, as such regulations may be
amended from time to time by the Authority in its sole and absolute discretion upon reasonable 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; provided, however, notwithstanding
anything herein to the contrary, (i) the Authority shall promptly notify Tenant in writing of each and all
amendments to the Authority's Lease Policy, Minimum Standards for Commercial Aeronautical Operators
and Rules and Regulations for the Airport, and (ii) no such amendments to the Authority's Lease Policy,
Minimum Standards for Commercial Aeronautical Operators, and Rules and Regulations for the Airport,
unless such change is otherwise required by State or Federal law, shall prohibit or restrict the permitted
activities of Tenant set forth in Subsection 9.C„ Tenant shall also comply with all 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
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complaints concerning the improper 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 tinder 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
unreasonably 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 unauthorized and unlawful amounts or levels of chemical, biological or
electromagnetic radiation, air pollution (gasses, particulate matter, odors, fumes, smoke or dust), water
pollution, noise, glare, (teat 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 repot of all aircraft located on the Premises. Such
repoit shall include, at a minimum, the following items; aircraft type, make, model, registration number and
any other information as inay reasonably be requested by the Authority's Airpo►tsManager.
18. FLAMMABLE MATERIALS AND MOSQUITO CONTROL MATERIALS.
Flammable or explosive gases, liquids or solids shall not be allowed, kept or used on the
Premises except that (i) aviation fuel, oils, petroleum products, solvents, aircraft cleaning chemicals,
lubricants and other aircraft maintenance and repair materials and (ii) adulticides, larvicides and other
mosquito control materials may be stored and used in the internal tanks in Tenant's aircraft, hangars,
building or facilities on the Premises or transportation related equipment, in which event any such
substances shall be delivered in amounts, and stored and used, in accordance with the rules of the Florida
Inspection and Rating Bureau, United States Environmental Protection Agency and Florida Department of
Agriculture and Consumer Services 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 at
Tenant's sole expense;
A. Waste, Tenant shall not commit, nor suffer to be committed, any waste or
unauthorized and unlawftil contamination on the Premises, including physical damage to the Premises,
either negligently, intentionally, or otherwise 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 any improvements, fixtures, equipment, or landscaping
thereon, In good order and repair, as reasonably determined by the Authority. Subject to the terms and
conditions of Section 14 herein, Tenant shall make all reasonably 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
.t3-
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 Sdction
1 LE, of this Lease, within ninety (90) days of written notice by the Authority to the Tenant, Tenant must
perform reasonably necessary repair and maintenance to the Premises 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 percent (100%) of its costs and expenses from
Tenant. 1f 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 oi-
1 iquid) arising out of Tenant's occupancy of the Premises or its operations,
F. Solid Waste, Teti ail t 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 percent (100%)
of the cost of removal,
G. Liquid Waste. Tenant shall provide, as necessary, a separate above ground
retention pond/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 tine Airport's storm drainage or sanitary
system, including petroleum products, solvents, aircraft cleaning residue and oil change operations,
H. e 'cles, 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.
1, 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 sliall 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 hoop -up fee and monthly
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charges as billed by the Collier County Water and Sewer District, lmmokalee Water and 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
potion 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
unlawfully discharged onto adjacent property or into the storm water system at the Airport and agrees to be
held responsible for any unlawful 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 unlawful 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
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
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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 be 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 the Expiration Date of this Lease, Tenant
shall remove all signs at the direction of Authority,
24, ASSIGNMENT, SUBLEASE AND ENCUMBRANCE,
A. Notice to the Authority. Should the Tenant intend to assign this Lease, sublet the
Premises or a portion thereof, 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 employees, contractors,
agents and authorized representatives) to occupy or use all or any part of the Prem ises, 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, encumbrance, transfer, occupancy or use, Any such
assignment, sublease, 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 reasonable requirements, conditions, or covenants before
consenting to any such assignment, sublease, encumbrance, transfer, occupancy, or use. Any assignment of
this Lease, sublease, 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 (after
providing Tenant written notice and opportunity to cure as required hereunder), Further, the consent by the
Authority to any assignment of this Lease, sublease, encumbrance, transfer, occupancy, or use does not
constitute a further waiver of the provisions under this Lease, The Authority shall have the absolute right
to review all sublease 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 Initial Certificate Of Occupancy Date of this
Lease and to be updated as new subtenants, if any, take occupancy in the hangars constructed by Tenant,
the Tenant shall provide the Airports Manager with a listing of all Tenant's subtenants, 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, or otherwise transfer
its interest in this Lease, the Premises or in any improvements thereon, Tenant shall first offer to assign,
sublet, or transfer such interest to the Authority under the same terms and conditions offered to the proposed
assignee, subtenant, or transferee, in writing, sixty (60) days prior to the date intended for such assignment,
sublease, or transfer. The Authority shall have forty-five (45) days from receipt of the aforementioned
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a
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.
Failure of Tenant to comply with the requirements of this Section 24 shall be deemed a default
under this Lease (after providing Tenant written notice and opportunity to cure as required hereunder),
C Exception: The subleasing of storage spaceto 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 tile 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, encumbrance, transfer, occupancy, or use shall include the following
information and documents;
(l) The name and address of the proposed assignee, subtenant,
mortgagee/lender/iienholder, transferee occupant or user;
(2) The nature of the proposed assignee's, subtenant's,
mortgagee/lender/lienhold er'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,
encumbrance, transfer, occupancy or use, including without limitation, the full consideration for the
assignment, sublease, 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 ortransferee (or occupant or user) Immediately and Irrevocably assigns to the Authority,
as security for the obligations under this Lease, all rent fhom 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 and subject to being current on its rental payments, be
relieved of all obligations and liabilities arising from this Lease effective as of the date of such assignment.
a. 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
17
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), to the extent arising out of or in connection with;
A. Any act, error or omission of Tenant or Tenant's personnel, employees, subtenants,
agents, suppliers, subcontractor, licensees or invitees,
B. The performance of this Lease by Tenant,
C. The failure to fulfill any obligations of Tenant under this Lease,
D. The use and possession of the Premises by Tenant,Tenant's personnel, employees,
subtenants, agents, suppliers, subcontractors, licensees, or invitees,
As part of Tenant's indemnification and defense obligations under this Section 25, the
Authority shall be entitled to select and engage its own counsel, and Tenant shalt reimburse the Authority for
all reasonable attorneys' fees and costs.
The indemnification obligations under this Section shall survive the termination of this
Lease. This Section 25 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, ernployeos,
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 or invitees and anyone claiming by or through Tenant. Tenant's obligations under
this Section 25 shall not be limited in any way by Tenant's limits of, or lack of, sufficient insurance
protection; provided, however, notwithstanding anything herein to the contrary, the indemnification and
other obligations of Tenant under this Lease shall in no way be construed (i) as a waiver of any immunity
or limitation of liability Tenant may have under the doctrine of sovereign immunity under Florida Statute
section 768.28 or otherwise or (ii) to constitute an agreement by Tenantto indemnify and hold harmless the
Authority for the Authority's negligent acts or omissions.
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
. is.
liability insurance and/or aviation liability insurance covering Tenant's activities, its use of the Premises,
I ts 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.
(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 maintained by Tenant pursuant to the requirements of this Lease. 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. The Authority has the right to request copies of any policies required under this
Section 26,
D. Form of Policies, All policies of insurance required under this Section 26 must be
in a standard form and written by qualified insurance companies authorized to do business In the State of
Florida that are 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, Florida34114.
(2) If offered by, and to the extent available from, Tenant's insurance carrier,
(i) 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, (ii) evidence of any such 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.
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(a
(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 nori-
contr'rbutory 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. The 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 (after providing Tenant written notice and opportunity to cure as
required hereunder), 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 maximum interest rate
permitted by law in the State of Florida, 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 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, so long as such increases or
modifications are uniformly applied to all similarly situated tenants at ilia Airport and consistent and in
accordance with the terms of those tenants' specific lease agreements,. The Authority will provide not less
than thirty (30) days prior written notice to Tenant of any modifications to the insurance requirements
hereunder.
Upon reasonable prior written notice from the Authority, 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.
.20•
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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 tray
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,
29. DEFAULT.
Each of the following (after Tenant is provided written notice and opportunity to cure as
required hereunder) shalt 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 tine 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;
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;
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);
B. Violation of Rules and Regulations, An infraction or violation of the Authority's
Lease Manual or Rules and Regulations;
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 undiscliarged 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 shalt, in such
time period as may be permitted by the bankruptcy court having jurisdiction, cure all defaults of Tenant
2l
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 Iimited 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 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. Except as permitted and authorized under this Lease, any release by
Tenant of pollutants, contaminants or hazardous materials on or from the Premises which is not
decontaminated or otherwise remediated in full compliance with all applicable State, Federal and local laws
and regulations at Tenant's sole expense within ninety (90) days from discovery of such release.
Notwithstanding anything in this Lease to the contrary, if any monetary default under this Lease
is curable and if Tenant has not been given a notice of a breach of any monetary provision of this Lease
within the preceding six (6) months, Tenant shall have a ten (10) day grace period after notice, whether by
the Authority or another person, to commence and complete the cure of such monetary default,
Notwithstanding anything in this Lease to the contrary, if any non -monetary default (other than a default in
any payment) under this Lease is curable and if Tenant has not been given a notice of a breach of the same
or similar non -monetary provision of this Lease within the preceding six (6) months, Tenant shall have a
thirty (30) day grace period after notice, whether by the Authority or another person, to commence and
complete the cure of such non -monetary default; provided however, if the cure of such non -monetary
default reasonably requi►'es more than thirty (30) days, the Authority may grant Tenant such additional time
as is necessary so long as Tenant is continuously and diligently taking action to fully complete the cure of
such non -monetary default as soon as reasonably practical, The cure periods provided herein may be
shortened at the reasonable discretion of the Authority when the defaulting conduct concerns the potential
of harm to the public's health, welfare and safety,
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 that is not cured by Tenant within the written notice and cure period
therein (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 (after providing Tenant
written notice and an opporhinity to cure as required hereunder), the Authority shall have the absolute right,
22 -
with or without notice or demand, to immediately terminate this Lease and recover possession of the
Premises or any pant 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
Authorlty'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 ofthe 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 fi-om this transaction in reduction of tite 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
(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 ainount 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 RESTOM2JON Or 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;
23
A. If the Premises are partially destroyed and the damage does not exceed fifty percent
(50%) of the aggregate value of all of the structure and improvements on the Premises prior to such
destruction or damage, then Tenant shall be obligated to reconstruct equivalent structures and improvements
on the Premises commencing within six (6) months of the destruction or damage utilizing available
insurance proceeds and the Rent described in Section 5 hereof and all other amounts due from Tenant under this
Lease shall be proportionately abated (i.e., proportionately suspended) during the period of reconstruction but in
no event in excess of twelve (12) months from the date of the partial destruction or damage; provided,
however, any abatement of Rent and other amounts hereunder shall be proportionate to the portion of the
Premises that is rendered untenantable by the destruction or damage and is not otherwise occupied or used
by Tenant; and
B. If the Premises are partially orfullydestroyed and the damage to the Premises equals
or exceeds fifty percent (50%) of the aggregate value of all of the structure and improvements on the
Premises prior to such destruction or damage, then Tenant shall have the option to reconstruct equivalent
structures and improvements on the Premises using available insurance proceeds to pay for the reconstruction
cost. If the Tenant elects to reconstruct, then Tenant is obligated to commence construction within six (6)
months from the date of the destruction or damage and to complete reconstruction within twenty-four (24)
months after the date of destruction or damage. For so long as the Tenant is unable to use any portion of the
Premises, the Rent described in Section 5 hereof and all other amounts due fi-om Tenant under this Lease shall be
fully abated (i.e,, fully suspended) during the period of reconstruction but in no event in excess of twenty-
four (24) months from the date of the destruction or damage. If Tenant does not elect to reconstruct within
six (6) months from the date of the destruction or damage, and Tenant is current in his rental payment
obligations hereunder, then this Lease will automatically terminate (and Tenant shall be fully released from
all liabilities and obligations hereunder) in which case the Authority will retain the insurance proceeds
relating to such destruction or damage as liquidated darnages, Any reconstruction by Tenant shall comply
with the requirements of Sections 12, 13 and 14 hereinabove.
32. AIRPORT DEVELOPMENT,
Tenant agrees that the 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 sliall recover the reasonable 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 reasonable 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 PLIGHT 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 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 tine Premises is subject to such noise and such other disturbance as may be inherent in
such operations.
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35. AIRCRAFT HAZARDS.
A. Self -Help by Authority. Tenatit 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 reasonable 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 all- 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,
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 automatically 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 (and the Parties shall be fully released from all liabilities and
obligations under this Lease). 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 the 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.
The Tenant for itself, its officers, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree that;
A. 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,
B. in the construction or alteration of any improvements on or over the Premises and
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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,
C. 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.
41. REMEDIES CUMULATIVE NO WAIVE, R.
A. Cumulative Rights, tits. 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 I 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 this Lease and its absence renders this Lease defective in all
material respects, then this Lease shall terminate and be of no further force or effect.
• 26 .
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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 pail 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 tite 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, 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.
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.
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ccp�lc)
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, stational 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:
(1) Compliance with Regulations: The Tenant (hereinafter includes
consultants) will comply with the Title VI List of Pertinent Nondiscrim ination Acts and Authorities, as they
may be amended from time to tithe, which are herein incorporated by reference and made a pail 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 eontractsanetions 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
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CAO
Subsections SO.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 Acgttired or Improved Under the Activi1y, Facility. or
Pro ram.
(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;
(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 sane 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 Nondiscrimination 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 nondiscrimination statutes and authorities, including but not
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limited toy
• 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 part27;
• The Age Discrimination Act of 1975, as amended, (42 U.S,C, § 6101 et seq,), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, orsex);
• 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 11 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),
R 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 pant 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 ofLabor
— Wage and Hour Division.
0, 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 mast address
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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: COLLIER COUNTY COMMUNICATIONS &
CUSTOMER RELATIONS, 3299 .TAMIAMI TRAIL EAST, SUITE - 102, NAPLES, FL
34112; TELEPHONE: (239) 252-8999; EMAIL: PUBLICRECORDSREQUEST
@COLLIERCO UNTYFL, GOV.
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 theAuthority.
IN WITNESS WHEREOF, the Parties have caused this Lease to be executed as of the date
first written above.
SIGNATURE PAGES FOLLOW
ATTEST;
CRYSTAL K, KINZEL, BOARD OF COUNTY COMMISSIONERS OF
CLERK OF COURTS & COMPTROLLER COLLIER COUNTY, FLORIDA, SERVING
AS THE COLLIER COUNTY AIRPORT
AUTHORITY
By; (:
D uty Clerk
A Is to C
signature only.
Approved as to form and legality:
� 1 '
Scott R, Teach, Deputy County Attorney
.32-
WilAm L. McDaniel, Jr,, Chairman
COLLIER MOSQUITO CONTROL
DISTRICT
Witness #2 Name, r By• \ ��
Patrick Linn
Executive Director
EXHIBIT "A"
[LEGAL DESCRIPTION AND SKETCH]
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fill
lYa,fill 71YAR��.., ,
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Exhibit "B"
[PROPOSED MASTER PLAN WITH SCHEMATIC DRAWING]
Exhibit "C"
E-VERIFY ENROLLMENT CERTIFICATION TO BE PROVIDED
AS REQUIRED BY SECTION 12 OF THIS LEASE
O
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Company ID Number: 1609341
THE E-VERIFY
MEMORANDUM OF UNDERSTANDING
FOR EMPLOYERS
ARTICLE I
PURPOSE AND AUTHORITY
The parties to this agreement are the Department of Homeland Security (DHS) and Collier Mosquito
Control District (Employer). The purpose of this agreement is to set forth terms and conditions which
the Employer will follow while participating in E-Verify.
E-Verify is a program that electronically confirms an employee's eligibility to work in the United States
after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of
Understanding (MOU) explains certain features of the E-Verify program and describes specific
responsibilities of the Employer, the Social Security Administration (SSA), and DHS.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRIRA), Pub, L, 104-208, 110 Stat. 3009, as amended (8 U.S.C.
§ 1324a note), The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility
Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and
subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain
employees working on Federal contracts.
ARTICLE 11
RESPONSIBILITIES
A. RESPONSIBILITIES OF THE EMPLOYER
1, The Employer agrees to display the following notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the system:
a. Notice of E-Verify Participation
b. Notice of Right to Work
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone
numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to
keep such information current by providing updated information to SSA and DHS whenever the
representatives' contact information changes,
3, The Employer agrees to grant E-Verify access only to current employees who need E-Verify access.
Employers must promptly terminate an employee's E-Verify access if the employer Is separated from
the company or no longer needs access to E-Verify.
Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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F= - Vie r
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Company ID Number: 1609341
4. The Employer agrees to become familiar with and comply with the most recent version of the
E-Verify User Manual.
5, The Employer agrees that any Employer Representative who will create E-Verify cases will
complete the E-Verify Tutorial before that individual creates any cases.
a. The Employer agrees that all Employer representatives will take the refresher tutorials when
prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial
will prevent the Employer Representative from continued use of E-Verify.
6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions:
a, If an employee presents a "List B" identity document, the Employer agrees to only accept "List
B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can
be presented during the Form 1-9 process to establish identity,) If an employee objects to the photo
requirement for religious reasons, the Employer should contact E-Verify at
888-464-4218.
b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766
(Employment Authorization Document), or U.S, Passport or Passport Card to complete Form 1-9,
the Employer agrees to make a photocopy of the document and to retain the photocopy with the
employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS
with its review of photo mismatches that employees contest. DHS may in the future designate
other documents that activate the photo screening tool.
Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right
to present any List A, or List B and List C, document(s) to complete the Form 1-9.
7, The Employer agrees to record the case verification number on the employee's Form 1-9 or to print
the screen containing the case verification number and attach it to the employee's Form 1-9.
8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to
complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other
requirements of applicable regulations or laws, including the obligation to comply with the
antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures.
a. The following modified requirements are the only exceptions to an Employer's obligation to not
employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B
identity documents must have photos, as described in paragraph 6 above; (2) When an Employer
confirms the identity and employment eligibility of newly hired employee using E-Verify procedures,
the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of
the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the
Employer receives a final nonconfirmation for an employee, but continues to employ that person,
the Employer must notify DHS and the Employer is subject to a civil money penalty between $550
and $1,100 for each failure to notify DHS of continued employment following a final
nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final
nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly
Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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Company ID Number: 1609341
employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant
is civilly or criminally liable under any law for any action taken in good faith based on information
provided through the E-Verify.
b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other
enforcement or compliance activity authorized by law, including site visits, to ensure proper use of
E-Verify,
9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been
hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was
completed. The Employer agrees to create an E-Verify case for new employees within three Employer
business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been
completed), and to complete as many steps of the E-Verify process as are necessary according to the
E-Verify User Manual, If E-Verify is temporarily unavailable, the three-day time period will be extended
until it is again operational in order to accommodate the Employer's attempting, in good faith, to make
inquiries during the period of unavailability.
10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in
support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User
Manual does not authorize.
11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively
and will not verify employees hired before the effective date of this MOU. Employers who are Federal
contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU.
12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative
nonconfirmations. The Employer must promptly notify employees in private of the finding and provide
them with the notice and letter containing information specific to the employee's E-Verify case. The
Employer agrees to provide both the English and the translated notice and letter for employees with
limited English proficiency to employees. The Employer agrees to provide written referral instructions
to employees and instruct affected employees to bring the English copy of the letter to the SSA. The
Employer must allow employees to contest the finding, and not take adverse action against employees
if they choose to contest the finding, while their case is still pending, Further, when employees contest
a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps
(see Article 111,13. below) to contact DHS with information necessary to resolve the challenge.
13. The Employer agrees not to take any adverse action against an employee based upon the
employee's perceived employment eligibility status while SSA or DHS is processing the verification
request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee
is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated
verification system to verify work authorization, a tentative nonconfirmation, a case in continuance
(indicating the need for additional time for the government to resolve a case), or the finding of a photo
mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work
authorized, In any of such cases, the employee must be provided a full and fair opportunity to contest
the finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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Company ID Number: 1609341
(including denying, reducing, or extending work hours, delaying or preventing training, requiring an
employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal
contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and
unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has
been issued, If the employee does not choose to contest a tentative nonconfirmation or a photo
mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the
Employer can find the employee is not work authorized and terminate the employee's employment.
Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464-
4218 (customer service) or 1-888-897-7781 (worker hotline),
14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of
the INA as applicable by not discriminating unlawfully against any individual in hiring, firing,
employment eligibility verification, or recruitment or referral practices because of his or her national
origin or citizenship status, or by committing discriminatory documentary practices. The Employer
understands that such illegal practices can include selective verification or use of E-Verify except as
provided in part D below, or discharging or refusing to hire employees because they appear or sound
"foreign" or have received tentative nonconfirmations. The Employer further understands that any
violation of the immigration -related unfair employment practices provisions in section 274E of the INA
could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of
Title VII could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision,
it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the
employment eligibility of employees as authorized by this MOU. The Employer agrees that it will
safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it
is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that
it is not disseminated to any person other than employees of the Employer who are authorized to
perform the Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
16. The Employer agrees to notify DHS immediately in the event of a breach of personal information.
Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All
suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at
E-Verifya,dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when
sending a breach report to E-Verify.
17, The Employer acknowledges that the information it receives from SSA is governed by the Privacy
Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who
obtains this information under false pretenses or uses it for any purpose other than as provided for in
this MOU may be subject to criminal penalties.
18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and
evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon
Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
Company ID Number; 1609341
reasonable notice, to review Forms 1-9 and other employment records and to interview it and its
employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner
to DHS requests for information relating to their participation in E-Verify.
19. The Employer shall not make any false or unauthorized claims or references about its participation
in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its
services as federally -approved, federally -certified, or federally -recognized, or use language with a
similar intent on its website or other materials provided to the public. Entering into this MOU does not
mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false.
20. The Employer shall not state in its website or other public documents that any language used
therein has been provided or approved by DHS, USCIS or the Verification Division, without first
obtaining the prior written consent of DHS.
21. The Employer agrees that E-Verify trademarks and logos may be used only under license by
DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not
be used in any manner that might imply that the Employer's services, products, websites, or
publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify.
22. The Employer understands that if it uses E-Verify procedures for any purpose other than as
authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its
participation in E-Verify according to this MOU.
B. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment
verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most
current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify
Supplemental Guide for Federal Contractors,
2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands
that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the
FAR it must verify the employment eligibility of any "employee assigned to the contract” (as defined in
FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer
may not create a second case for the employee through E-Verify.
a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract
award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of
contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires
using E-Verify. The Employer must verify those employees who are working in the United States,
whether or not they are assigned to the contract. Once the Employer begins verifying new hires,
such verification of new hires must be initiated within three business days after the hire date, Once
enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees
assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
Page 5 of 17 E-Verify MOU for Employers I Revislon Date 06/01/13
E-Verify__......(�%�, Y.1 11
Company ID Number: 1609341
b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a
contract award must use E-Verify to begin verification of employment eligibility for new hires of the
Employer who are working in the United States, whether or not assigned to the contract, within
three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal
contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who
are working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within three business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must begin verification of each employee assigned to the contract
within 90 calendar days after date of contract award or within 30 days after assignment to the
contract, whichever is later.
c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
state or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency under a performance
bond may choose to only verify new and existing employees assigned to the Federal contract. Such
Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired
after November 6, 1986. Employers in this category must begin verification of employees assigned
to the contract within 90 calendar days after the date of enrollment or within 30 days of an
employee's assignment to the contract, whichever date is later.
d. Upon enrollment, Employers who are Federal contractors may elect to verify employment
eligibility of all existing employees working in the United States who were hired after November 6,
1986, instead of verifying only those employees assigned to a covered Federal contract. After
enrollment, Employers must elect to verify existing staff following DHS procedures and begin
E-Verify verification of all existing employees within 180 days after the election,
e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify
case for an employee assigned to a contract as long as:
I. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6,
ii. The employee's work authorization has not expired, and
iii. The Employer has reviewed the Form 1-9 information either in person or in
communications with the employee to ensure that the employee's Section 1, Form 1-9
attestation has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen).
f. The Employer shall complete a new Form 1-9 consistent with Article I I.A.6 or update the
previous Form 1-9 to provide the necessary information if:
i. The Employer cannot determine that Form 1-9 complies with Article II.A.6,
ii, The employee's basis for work authorization as attested in Section 1 has expired or
changed, or
iii. The Form 1-9 contains no SSN or is otherwise incomplete.
Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with
Page 6 of 17 E-Verify MOU for Employers I Revislon Date 06/01/13
9
Company ID Number: 1609341
Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after
completing Form 1-9, the Employer shall not require the production of additional documentation, or use
the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual.
g. The Employer agrees not to require a second verification using E-Verify of any assigned
employee who has previously been verified as a newly hired employee under this MOU or to
authorize verification of any existing employee by any Employer that is not a Federal contractor
based on this Article.
3, The Employer understands that if it is a Federal contractor, its compliance with this MOU is a
performance requirement under the terms of the Federal contract or subcontract, and the Employer
consents to the release of information relating to compliance with its verification responsibilities under
this MOU to contracting officers or other officials authorized to review the Employer's compliance with
Federal contracting requirements.
C. RESPONSIBILITIES OF SSA
1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA
sends DHS confirmation that the data sent either matches or does not match the information in SSA's
database.
2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA
also agrees to limit access to such information, as is appropriate by law, to individuals responsible for
the verification of Social Security numbers or responsible for evaluation of E-Verify or such other
persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a),
the Social Security Act (42 U.S,C. 1306(a)), and SSA regulations (20 CFR Part 401).
3. SSA agrees to provide case results from its database within three Federal Government work days of
the initial inquiry. E-Verify provides the information to the Employer.
4, SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative
nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an
SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA
agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that
more than eight days may be necessary. In such cases, SSA will provide additional instructions to the
employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final
nonconfirmation to the employer,
Note: If an Employer experiences technical problems, or has a policy question, the employer should
contact E-Verify at 1-888-464-4218.
D. RESPONSIBILITIES OF DHS
1. DHS agrees to provide the Employer with selected data from DHS databases to enable the
Employer to conduct, to the extent authorized by this MOU:
a. Automated verification checks on alien employees by electronic means, and
Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
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Company 1D Number, 1609341
b, Photo verification checks (when available) on employees.
2. DHS agrees to assist the Employer with operational problems associated with the Employer's
participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone
numbers of DHS representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an
E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for
both SSA and DHS, including restrictions on the use of E-Verify.
4. DHS agrees to train Employers on all important changes made to E-Verify through the use of
mandatory refresher tutorials and updates to the E-Verify User Manual, Even without changes to
E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in
E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of
Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division,
U.S. Department of Justice.
6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and
password that permits them to log in to E-Verify.
7. DHS agrees to safeguard the information the Employer provides, and to limit access to such
information to individuals responsible for the verification process, for evaluation of E-Verify, or to such
other persons or entities as may be authorized by applicable law. Information will be used only to verify
the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal
criminal laws, and to administer Federal contracting requirements.
8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA
verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility
within three Federal Government work days of the initial inquiry.
9. DHS agrees to provide a means of secondary verification (including updating DHS records) for
employees who contest DHS tentative nonconfirmations and photo mismatch tentative
nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment
eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS
determines that more than 10 days may be necessary. In such cases, DHS will provide additional
verification instructions.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1, If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the
notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding
and provide them with the notice and letter containing information specific to the employee's E-Verify
Page 8 of 17 E-Verify MOU for Employers I Revision Date 08/01/13
Y . .
Company ID Number: 1609341
case. The Employer also agrees to provide both the English and the translated notice and letter for
employees with limited English proficiency to employees. The Employer agrees to provide written
referral instructions to employees and instruct affected employees to bring the English copy of the letter
to the SSA. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as
directed by E-Verify. The Employer must record the case verification number, review the employee
information submitted to E-Verify to identify any errors, and find out whether the employee contests the
tentative nonconfirmation. The Employer will transmit the Social Security number, or any other
corrected employee information that SSA requests, to SSA for verification again if this review indicates
a need to do so.
4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work
days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
6. The Employer agrees not to ask the employee to obtain a printout from the Social Security
Administration number database (the Numident) or other written verification of the SSN from the SSA,
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly
notify employees in private of the finding and provide them with the notice and letter containing
information specific to the employee's E-Verify case. The Employer also agrees to provide both the
English and the translated notice and letter for employees with limited English proficiency to
employees. The Employer must allow employees to contest the finding, and not take adverse action
against employees if they choose to contest the finding, while their case is still pending.
2. The Employer agrees to obtain the employee's response about whether he or she will contest the
tentative nonconfirmation as soon as possible after the Employer receives the tentative
nonconfirmation. Only the employee may determine whether he or she will contest the tentative
nonconfirmation.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a
tentative nonconfirmation,
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the
Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
ED
Company ID Number: 1609341
employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight
Federal Government work days.
5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative
nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative
nonconfirmations, generally.
6, The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo
mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or
passport card to DHS for review by:
a. Scanning and uploading the document, or
b. Sending a photocopy of the document by express mail (furnished and paid for by the employer)
7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the
Employer must forward the employee's documentation to DHS as described in the preceding
paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will
determine the photo match or mismatch.
8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal
Government work days of the referral unless it determines that more than 10 days is necessary.
9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case
updates.
ARTICLE IV
SERVICE PROVISIONS
A. NO SERVICE FEES
1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The
Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an
Employer will need a personal computer with Internet access.
ARTICLE V
MODIFICATION AND TERMINATION
A. MODIFICATION
1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the
SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all
parties.
2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify
checking against additional data sources and instituting new verification policies or procedures, will be
covered under this MOU and will not cause the need for a supplemental MOU that outlines these
changes.
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Company ID Number; 1609341
B. TERMINATION
1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days
prior written notice to the other parties.
2, Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the
Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of
the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach
of system integrity or security by the Employer, or a failure on the part of the Employer to comply with
established E-Verify procedures and/or legal requirements. The Employer understands that if it is a
Federal contractor, termination of this MOU by any party for any reason may negatively affect the
performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state
where E-Verify is mandatory, termination of this by any party MOU may negatively affect the
Employer's business.
3, An Employer that is a Federal contractor may terminate this MOU when the Federal contract that
requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor
must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such
notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this
MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify
procedures to verify the employment eligibility of all newly hired employees.
4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer
is terminated from E-Verify.
ARTICLE VI
PARTIES
A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and
SSA and DHS may adjust verification responsibilities between each other as necessary. By separate
agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU.
B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive
or procedural, enforceable at law by any third party against the United States, its agencies, officers, or
employees, or against the Employer, its agents, officers, or employees.
C, The Employer may not assign, directly or indirectly, whether by operation of law, change of control or
merger, all or any part of its rights or obligations under this MOU without the prior written consent of
DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign,
or transfer any of the rights, duties, or obligations herein is void.
D. Each party shall be solely responsible for defending any claim or action against it arising out of or
related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but
not limited to) any dispute between the Employer and any other person or entity regarding the
applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer.
E. The Employer understands that its participation in E-Verify is not confidential information and may be
disclosed as authorized or required by law and DHS or SSA policy, including but not limited to,
Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
Ve��
Company ID Number: 1609341
Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with
Federal contractual requirements, and responses to inquiries under the Freedom of Information Act
(FOIA).
F. The individuals whose signatures appear below represent that they are authorized to enter into this
MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate
statement, representation, data or other information provided to DHS may subject the Employer, its
subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to
18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or
suspension.
G. The foregoing constitutes the full agreement on this subject between DHS and the Employer.
To be accepted as an E-Verify participant, you should only sign the Employer's Section of the
signature page. If you have any questions, contact E-Verify at 1-888-464-4218.
Page 12 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
Company ID Number: 1609341
Approved by:
Employer
Collier Mosquito Control District
Name (Please Type or Print)
Title
Stacy J Welch
Signature
Date
Electronically Signed
11/18/2020
Department of Homeland Security — Verification Division
Name (Please Type or Print)
Title
USCIS Verification Division
Signature
Date
Electronically Signed
11/18/2020
Page 13 of 17 E-Verify MOU for Employers i Revision Date 06/01/13
r',A
Company ID Number: 1609341
Information Required for the E-Verify Program
Information relating to your Company:
Company Name
Collier Mosquito Control District
Company Facility Address
600 North Rd
Naples, FL 34104
Company Alternate Address
County or Parish
COLLIER
Employer Identification Number
596014954
North American Industry
Classification Systems Code
115
Parent Company
Number of Employees
20 to 99
Number of Sites Verified for
1 site(s)
Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13
.E-Verify,
Company ID Number: 1609341
Are you verifying for more than 1 site? if yes, please provide the number of sites verified for in
each State:
FL 1
Page 15 of 17 E-Verify MOU for Employers i Revislon Date 06/01/13
P10-0
Company ID Number: 1609341
Information relating to the Program Administrator(s) for your Company on policy questions or
operational problems:
Name
Jesvia Alvarado
Phone Number
2394344643
Fax
2394361005
Email
lalvaradoe.cmcd.ora
Name Patrick Linn
Phone Number 2394361000
Fax 2394361005
Email Plinna.cmcd.ora
Name Stacy J Welch
Phone Number 2394344647
Fax 2394361001
Email siwelch(cb.cmcd.ora
Page 16 of 17 E-Verify MOU for Employers i Revision Date 06/01/13
G
Company ID Number: 1609341
This list represents the first 20 Program Administrators listed for this company.
Page 17 of 17 E-Verify MOU for Employers I Revision Date 06101113