Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 10/14/2025 Item #16G 1 (1st Amendment to Collier County Airport Authority Leasehold Agreement for Hangar Contruction with IMM Development LLC)
10/14/2025 Item # 16.G.1 ID# 2025-3622 Executive Summary Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, approve a First Amendment to Collier County Airport Authority Leasehold Agreement for Hangar Construction with IMM Development LLC, related to its construction of multiple aircraft hangars at the Immokalee Regional Airport, and authorize the Chair to sign the Amendment. OBJECTIVE: Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority (the “Authority”), approve a First Amendment to a Leasehold Agreement for Hangar Construction with IMM Development, LLC, related to the construction of aircraft hangars at the Immokalee Regional Airport, modify the number of buildings and hangars constructed, and the time to commence construction. CONSIDERATIONS: At the Board of County Commissioner's Meeting on June 11, 2024 (Agenda Item 16.G.2), the Authority approved entering into a forty (40) year Leasehold Agreement (the “lease”) with IMM Development, LLC (“IMM”) to construct eight (8) separate buildings containing 31 aircraft storage hangars. The lease describes the buildings/hangars to be constructed as follows: Buildings 1, 2 & 3 (6 box hangar units) • Buildings are 62' x 385', individual hangars are 62' x 64' Building 4 (1 corporate hangar unit) • Building is 100' x 120' Buildings 5, 6, 7 & 8 (3 box hangar units) • Building is 85' x 280', individual hangars are 85' x 90' The attached proposed First Amendment to the Lease changes the building/hangars to be constructed to seven (7) separate buildings containing 23 aircraft storage hangars, with the following revised orientation: Buildings 2 & 3 (6 box hangar units) • Buildings are 62' x 385'; individual hangars are 62' x 64' 2” Buildings 1 & 4 (2 corporate hangar units) • Buildings are 120' x 220' Buildings 5, 6, & 7 (3 box hangar units) • Buildings are 85' x 280'; individual hangars are 85' x 90' In addition to the changes to the proposed physical building layout, IMM failed to comply with two key deadlines under the lease. First, the lease required IMM to provide a full set of plans to the Airport Authority within nine months of the effective date of the lease (March 11, 2025). As of September 2025, IMM has only submitted partial plans to the Airport Authority. IMM states that it lost five to six months while it was coordinating with a large potential subtenant because that subtenant would have required several major hangar design changes to accommodate them. Ultimately, IMM was unable to reach agreement with the potential subtenant and that opportunity passed. The second deadline missed concerned the requirement that IMM commence construction within 15 months of the effective date (September 11, 2025). This omission in timely commencing construction was also the result of the failure to have a full set of design plans in place. No commencement of construction has occurred as of the current date. The attached amendment recommended by staff allows the tenant twenty (20) months (versus the original nine months) to provide a full set of plans submitted to the Authority by February 11, 2026, and twenty-four (24) months (versus the original fifteen months) to commence construction of the hangar improvements by June 11, 2026. In light of the Page 5177 of 6526 10/14/2025 Item # 16.G.1 ID# 2025-3622 progress made and the commitment to go forward with the project, staff recommends approval of the First Amendment to the Lease. Based upon Infrastructure and Asset Management, this item supports the development and utilization of private-public partnerships to acquire private sector capital investments in infrastructure with minimal cost to the taxpayer. FISCAL IMPACT: Approving the attached amendment will have no fiscal impact. However, not approving the recommended amendment would result in the full termination of the lease and the loss of $10,027.88 per month ($120,334.56 annually) upon the 2025 payment rates, and the monthly payments with any rate increases over the remaining thirty-nine years of the agreement. GROWTH MANAGEMENT IMPACT: This item is consistent with Section B: Intermodal & Multimodal Transportation, Subsection 2: Aviation of the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board approval. SRT RECOMMENDATIONS: Recommendation that the Board of County Commissioners, acting as the Collier County Airport Authority, approve a First Amendment to Collier County Airport Authority Leasehold Agreement for Hangar Construction with IMM Development LLC related to its construction of multiple aircraft hangars at the Immokalee Regional Airport, and authorize the Chair to sign the Amendment. PREPARED BY: Bryant Garrett, AAE - Executive Airports Manager ATTACHMENTS: 1. IMM Development LLC Amendment 1 to IMM Airport Land Lease September 2025 Signed by Tenant CAO stamped 2. Quality Enterprises QE Utilities Drawing 24178-MUP-C5.00 August 2025 New Proposed Hangar Layout 3. Three Hangar Parcels Graphic Depiction IMM QE and GFTS (1) 4. Stormwater Plan for QE at IMM for new Hangars North Parcel E 2025 (1) 5. QE Hangar Layout at IMM - Proposed Storm Water Ponds 6. QE IMM MK25025-HANGARS SET SD 06-18-25 - 2 One Hangar (1) 7. 2024 Item #16G 2 QE Quality Enterprises Lease at IMM June 11, 2024 OCR Page 5178 of 6526 Page 5179 of 6526 Page 5180 of 6526 Page 5181 of 6526 Page 5182 of 6526 Page 5183 of 6526 1-Story FFE 33.30 5 III 3 1-Story FFE 33.30 6 III 3 1-Story FFE 33.40 7 III 3 1-Story FFE 33.40 3 III 5 1-Story FFE 33.50 4 III 1 1-Story FFE 33.30 2 III 6 1-Story FFE 33.25 1 III 1 1 A 2 3 4 5 6 7 8 9 B C D E F DRAWN BY: JOB NO.: VERTICAL DATUM: CHECKED BY: DESIGNED BY: Project Name: SCALE IN FEET: Sheet Title: Sheet No.: Seal: APPROVED BY:DATE:Key Map: Consultant: DATE:NO.DESCRIPTIONS: SUBMISSIONS/REVISIONS C5.00 1 2 3 4 5 6 7 8 9 A B C D E F Poulos & Bennett, LLC 2602 E. Livingston St., Orlando, FL 32803 7563 Philips Hwy., Suite 303, Jacksonville, FL 32256 Tel. 407.487.2594 www.poulosandbennett.com Eng. Bus. No. 28567 0 xx/xx/2025 SUBMIT TO COLLIER COUNTY Submittal To: NAVD 88 24-178 RAE RAE RAO JTP Immokalee Airport Quality Enterprises Hangars COLLIER COUNTY, FL RICARDO A. ORTIZP.E. NO. 0058129REENIGNELANOISS E FORP ADIROL F No. 58129 STATE OF E SNECILRICARDO A . O R TI ZThis item has been electronically signed and sealed by Ricardo A. Ortiz on the date adjacent to the seal using a SHA authentication code. Printed copies of this document are not considered signed and sealed and the SHA authentication code must be verified on any electronic copies.August 26, 20251" = 60' MASTER UTILITY PLAN Airpark Blvd NO PARKING FIRE LANE FIRE HYDRANT/FDC ASSEMBLY SCHEMATIC N.T.S. Taxiway CTaxiway C2Legend: #-Stories FFE Page 5184 of 6526 Page 5185 of 6526 Page 5186 of 6526 N P & B Job No.: November 25, 2024 24-178 Exhibit 1 2602 E. Livingston St., Orlando, FL 32803 7563 Philips Hwy., Suite 303, Jacksonville, FL 32256 T: 407.487.2594 F: 407.289.5280 info@poulosandbennett.com www.poulosandbennett.com Certificate of Authorization No. 28567 Site Map Immokalee Airport Hangars Proposed dry retention pond Future phase 2 pond (excavate for flood compensating storage) Airpark Blvd Page 5187 of 6526 COMPLIANCE STATEMENTTHESE PLANS AND SPECIFICATIONS HAVE BEEN PREPARED BY A FLORIDAREGISTERED ARCHITECT. TO THE BEST OF OUR KNOWLEDGE THESE PLANSAND SPECIFICATIONS ARE DESIGNED IN COMPLIANCE WITH THE 2023FLORIDA BUILDING CODE, INCLUDING SECTION 1609 FOR DESIGN WINDPRESSURES GENERATED BY AN ULTIMATE DESIGN WIND VELOCITY OF 160MPH. THE FOLLOWING CODES ALSO APPLY TO THE PROJECT: THE 7thEDITION OF THE FLORIDA FIRE PREVENTION CODE, COLLIER COUNTYLAND DEVELOPMENT CODES (L.D.C.) AND FLORIDA STATUTES (F.S.) ASWELL AS OTHER CODES AND ORDINANCES AS ADOPTED BY COLLIERCOUNTY.A0.1ARCHITECT OF RECORD- STRUCTURAL- PLUMBING- MECHANICALPROVIDED RATING:PROVIDED RATING:00ROOF CONSTRUCTION:10 FT TO LESS 30 FT5 FT TO LESS 10 FT0 FT TO LESS 5 FTFIRE SEPARATION:30 FT AND OVERREQUIRED RATING:0N/A0N/AN/AACCESSIBLE TO THE PHYSICALLY HANDICAP:INTERIOR BEARING WALLS:PRIMARY STRUCTURAL FRAME:EXTERIOR BEARING WALLS:BLDG. ELEMENT:FLOOR CONSTRUCTION:NON-BEARING INTERIOR WALLS:BUILDING WITHIN FIRE DISTRICT:CONSTRUCTION TYPE:REQUIRED RATING:0000000000FBC:PROJECT BUILDING CODE INFORMATIONGENERAL INFORMATIONMONITORED SPRINKLER SYSTEM:NFPA:THRESHOLD BUILDING:APPLICABLE CODES:DESIGN WIND LOAD:ABBREVIATIONS:N/A:NC:NS:SF:NON-COMBUSTIBLENOT APPLICABLENONSPRINKLEREDSQUARE FEETNL:NO LIMITUA:UNLIMTED AREAB:UNPROTECTEDA:PROTECTED160 MPHRISK CATEGORY:ULTIMATE DESIGN WIND SPEED V(ult):EXPOSURE CATEGORY:CII124 MPHNOMINAL DESIGN WIND SPEED V(asd):ALLOWABLE AREA FACTOR (At):ALLOWABLE BUILDING AREA (Aa):FBC TABLE 504.3 (ALLOWABLE HEIGHT ABOVE GRADE PLANE):ALLOWABLE STORIES:ALLOWABLE HEIGHTACTUAL HEIGHTACTUAL STORIES (Sa):36,000 SQ FTN/A60'224'-7"1AREA MODIFICATION CALCULATION (IF APPLICABLE):FBC TABLE 504.4 (ALLOWABLE STORIES ABOVE GRADE PLANE):FBC TABLE 506.2 (ALLOWABLE AREA):-INTERNAL PRESSURE COEFFICIENT:+/- 0.18 (ENCLOSED BLDG.)ACTUAL BUILDING AREA (PER FBC DEFINITION):23,870 SQ FTTABLE 705.5 (FIRE-RESISTANCE RATING FOR EXT. WALLS BASED ON FIRE SEPARATION DISTANCE, FT.):TABLE 601 (FIRE-RESISTANCE RATING REQUIREMENTS FOR BLDG. ELEMENTS, HRS.):CHANGE OF OCCUPANCY:N/ACLASSIFICATION OF WORK:N/ANFPA:Aa=[At+(NsxIf)]xSa(SEE FLOOR PLANS FOR FLOOR AREAS)OCCUPANCY CLASSIFICATION:FBC: STORAGE S-1STORAGESEPARATE PERMITS (NOT INCLUDED IN THIS SET OF DRAWINGS):FIRE ALARM, FIRE SPRINKLER, SWIMMING POOL, POOL FENCE, FENCE, SIGNAGE, GENERATOR, ELEVATOR, EXHAUST AND GREASE HOODSSHEETJOB:DATE:CAD REF:MICHAEL K. SHEELEYREG. # 0010564MK Architecture, LLC hereby reserves its common law copyright and other property rights in these plans, designs, arrangements and ideas. These ideas, plans and designs are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission from MK Architecture, LLC. Contractors shall verify and be responsible for all dimensions and conditions of the job. MK Architecture, LLC shall be notified in writing of any variations or discrepancies from the dimensions, conditions and specifications shown by these drawings. All construction shall be in accordance with the current Florida Building Code. CONSTRUCTION DOCUMENTS FOR IMMOKALEE HANGARS 165 AIRPARK BLVD IMMOKALEE, FLORIDA 1No:REVISIONS2345MK2502506-18-25-----PROGRESS SET - NOT FOR CONSTRUCTION MK Architecture LLC 8200 College Parkway, Suite 101 Fort Myers, Florida 33919 239.482.2121 AA26003856 IB26001865 www.MK-ARCH.comNS:NON-SPRINKLERED BUILDINGS:SPRINKLERED BUILDINGS13R:SPRINKLERED BUILDING (LOW-RISE RESIDENTIAL)S1:SPRINKLERED BUILDING (MAXIMUM ONE STORY)SM:SPRINKLERED BUILDING (TWO OR MORE STORIES)(AVG. HEIGHT OF HIGHEST ROOF, PER FBC DEFINITION)INDEX OF DRAWINGSBUILDING AND HANGAR DIMENSION PLANCOVER SHEETA0.1xFLR 1ARCHITECTURALLEE COUNTY LAND DEVELOPMENT CODE (LDC)2023 FLORIDA BUILDING CODE, MECHANICAL (FBC-M)2023 FLORIDA BUILDING CODE (FBC)2023 FLORIDA BUILDING CODE, PLUMBING (FBC-P)FLORIDA FIRE PREVENTION CODE, 8th EDITION (FFPC)2020 NATIONAL ELECTRICAL CODE (NEC), NFPA 70FLORIDA STATUTES (FS)2023 FLORIDA BUILDING CODE, ENERGY CONSERVATION (FBC-EC)FLORIDA ADMINISTRATIVE CODE (FAC)2021 NFPA 1, FIRE CODE, 8th EDITION2021 NFPA 101, LIFE SAFETY, 8th EDITION2023 FLORIDA BUILDING CODE, ACCESSIBILITY (FBC-A)At:AREA FACTOR PER TABLE 506.2Ns:AREA FACTOR PER TABLE 506.2, REGARDLESSOF WHETHER THE BLDG. IS SPRINKLEREDIf:FACTOR INCREASE PER SECTION 506.3Sa:NUMBER OF BLDG. STORIES ABOVE GRADECOVYESTYPE V (000)COLLIER COUNTYYESNOTYPE V (B)N/AN/AN/ABUILDING ELEVATIONSxELEV 1IMM DEVELOPMENT LLCPage 5188 of 6526 385'-0"62'-0"2'-1"60'-0"4'-2"60'-0"4'-2"2'-1"60'-0"4'-2"60'-0"4'-2"60'-0"4'-2"60'-0"101HANGAR102HANGAR103HANGAR104HANGAR105HANGAR106HANGARFUTURE FIRE RATEDDEMISING WALL TYP.FUTURESERVICE SINK63'-018"60'-312"PRE-ENGINEERED STEELBUILDING WALL PANELSON STEEL GIRTS TYP.STEEL COLUMNS TYP.8'-2"5'-7"FUTURE DRINKINGFOUNTAINFUTURE ADABATHROOM52'-112"57'-518"101HANGARBUILDING #1 OVERALL DIMENSIONS PLANSCALE: 1/16" = 1'-0"HANGAR DIMENSIONS PLANSCALE: 1/8" = 1'-0"xFLR 1SHEETJOB:DATE:CAD REF:MICHAEL K. SHEELEYREG. # 0010564MK Architecture, LLC hereby reserves its common law copyright and other property rights in these plans, designs, arrangements and ideas. These ideas, plans and designs are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission from MK Architecture, LLC. Contractors shall verify and be responsible for all dimensions and conditions of the job. MK Architecture, LLC shall be notified in writing of any variations or discrepancies from the dimensions, conditions and specifications shown by these drawings. All construction shall be in accordance with the current Florida Building Code. CONSTRUCTION DOCUMENTS FOR IMMOKALEE HANGARS 165 AIRPARK BLVD IMMOKALEE, FLORIDA 1No:REVISIONS2345MK2502506-18-25-----PROGRESS SET - NOT FOR CONSTRUCTION MK Architecture LLC 8200 College Parkway, Suite 101 Fort Myers, Florida 33919 239.482.2121 AA26003856 IB26001865 www.MK-ARCH.comPage 5189 of 6526 0'-0" FIN. FLR.-27'-2" A.F.F.T.O. ROOFMETAL WALLPANELS TYP.FLASHING TYP.HANGARDOOR TYP.22'-0" A.F.F.T.O. ROOF0'-0" FIN. FLR.-METAL WALLPANELS TYP.FLASHING TYP.METAL ROOFPANEL TYP.SLOPE SLOPE SLOPE 0'-0" FIN. FLR.-27'-2" A.F.F.T.O. ROOF22'-0" A.F.F.T.O. ROOF0'-0" FIN. FLR.-27'-2" A.F.F.T.O. ROOF22'-0" A.F.F.T.O. ROOFMETAL WALLPANELS TYP.FLASHING TYP.METAL WALLPANELS TYP.FLASHING TYP.121121xELEV 1SHEETBUILDING #1 FRONT ELEVATIONSCALE: 1/16" = 1'-0"BUILDING #1 REAR ELEVATIONBUILDING #1 SIDES ELEVATIONSHEETJOB:DATE:CAD REF:MICHAEL K. SHEELEYREG. # 0010564MK Architecture, LLC hereby reserves its common law copyright and other property rights in these plans, designs, arrangements and ideas. These ideas, plans and designs are not to be reproduced, changed or copied in any form or manner whatsoever, nor are they to be assigned to any third party without first obtaining the express written permission from MK Architecture, LLC. Contractors shall verify and be responsible for all dimensions and conditions of the job. MK Architecture, LLC shall be notified in writing of any variations or discrepancies from the dimensions, conditions and specifications shown by these drawings. All construction shall be in accordance with the current Florida Building Code. CONSTRUCTION DOCUMENTS FOR IMMOKALEE HANGARS 165 AIRPARK BLVD IMMOKALEE, FLORIDA 1No:REVISIONS2345MK2502506-18-25-----PROGRESS SET - NOT FOR CONSTRUCTION MK Architecture LLC 8200 College Parkway, Suite 101 Fort Myers, Florida 33919 239.482.2121 AA26003856 IB26001865 www.MK-ARCH.comSCALE: 1/16" = 1'-0"SCALE: 1/16" = 1'-0"Page 5190 of 6526 ORIGINAL DOCUME NTS CHECKLIST & ROUTING SLIP TO AC COMPANY ALL ORIGINAL DOCUMENTS SENT TO • ,. G 2 THE BOARD OF COUNTY COMMIS SIONERS OFFICE FOR SIGNAT~ P rinl on pink paper. Alluch to o r igi nal doc ument. T he completed rou1ing slip a nd original d ocuments are to be fonvar dcd lo t he Cou nty Attorney O ffice al l hc lim e t he item is placed o n the agend a. All com pleted roulinf! sli ps a nd orif!inal documenls musl be received in t he County Attorney Office no later ll1 an M o nday preceding the Boar d mceling. ** ROUTING SLIP** Complete routing lines Ill through 112 as appropriate for additional signatures, dates, and/or infom1ation needed. lf'lhc document is already complete wilh the exec tion of the Chairman's si aturc. draw a line throueh routinR lines# I throul!.h #2, com lete the checklist. and fomard to the Count Attome • Office. Route to Addressee s (List in routing order) Office Initials Date 3. County Attorney Office 4. BCC Office 5. Minutes and Records Send via email to Bryant Garrett: B ant.Garrett co ll iercoun fl . ov County Attorney Office Board of County Commi ssioners C lerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person "ho created/prepared the faecutive Summary. Primary contact information is needed in the event one of the addressees above mav need to contact stafT for additional or mi ss inR information Name of Primary Staff Bryant Garrett Phone Number (239) 252-8425 Contact I Department Agenda Date Item was 6111/2024 Agenda Item Number 16.G.2 Aooroved by the BCC Type of D ocument(s) Leasehold Agreement Number of Origina l I Attached Documents Attached PO number or account number if document is to be recorded INSTRUC TIONS & C HEC KLIST Initial the Yes col umn or mark "NI A" in the Not Applicable column, whichever is Yes NI A (Not aooropriate. (Ini tial) Applicable) I. Does the document require the chairman's original signature? DH 2. Does the document need to be sent to another agency for additional signatures? If yes, NIA provide the Contact I nformation (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by DH the Chairman, w i th the exception of most letters, must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revi sions have been initialed by the County Attorney N I A Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Cha i rman's signature line date has been ente r ed as the date ofBCC approval of the DII document or the fmal negotiated con tract date whichever is aool icable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's DH signan1re and initial s are reouired. 7. I n most cases (some con tracts ar e an exception), the original document and this routing slip NI A shou l d be provided to the County Attorney Office at the time the item i s uploaded to lhe agenda. Some documents are time se nsitive and require forwarding to Tallahassee with in a certain t ime frame or the BCC's actions are nullified. Be aw ar e of your dea dlines! 8. The document was approved by the BCC on __ 6111/2024 _ and a ll changes made j,44"-~ N/Aisn:~ during th e m eeting have bee n inco rporated in the attached docum e nt. The C ounty an option fo Attorney Office has r eviewed the changes, if a oolica bl e. this line 9. Initials of attorney verifying that the attached document is the version approved by the ~ Ais n:~ BCC, all changes directed by the BCC have been made, and the document is ready for the r:5.ok/~'b . o~tion fo Chairman's signature. 1s lme I: Fonns/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS O ri ginal 9.03.0-1 ; Revised 1.26.05; 2.24.05; 11/30/12: 4/22/16; 9/10/2 I Page 5191 of 6526 COLLIER COUNTY AIRPORT AUTHORITY LEASEHOLD AGREEMENT FOR HANGAR CONSTRUCTION t~ t6G2 T H IS LEASEHOLD AGREEMENT (th is "Lease") is made as of the I/ day of I-n. (. , 2024 (the "Effective Da te") by and between the COLLIER COUNTY, a political subdiv ision of the State of Florida, acting as the COLLIER COUNTY AIRPORT AUTHORITY, with administrative offices located at 2005 Mainsail Drive, Naples, Florida 34114 (hereinafter referred to as the "A uthority"), and IMM Development LLC, a Florida Limited Li abil ity Company (the "Tenant") (the Authority and Tenant are collective ly referred hereto as the "Parties"). The Parties hereby mutually covenant, agree and promise as follows: 1. 2. PARTIE S The Authority's address, telephone number and emai l are: 2005 Mainsail Drive Naples, Florida 34114 Attn: Coll ier County Airport Authority, Executive Manager Phone: 239-252-1059 Emai I: marco.customerservice@ col liercountyfl .gov The Tenant's address , telephone number and email are: PURPOSE. Quality Enterprises USA, Inc. 3494 Shearwater St Naples, Florida 341 17 Ph one: 239-435-7200 Email: lqaudio@ qeusa.com The purpose of th is Lease is to lease a parcel of land (the "Premises"), located on the lmmokalee Regional Airport (the "Airport"), as more particularly described and shown in Exh ibit "A " attached hereto and made a part hereof, on which Tenant covenants, agrees, promises and intends to construct improvements as required and approved by the Authority. The Authority's representative for purposes of this Lease is its Airports Manager (hereafter, the "Airports Manager"). 3. STATEMENT OF LEASE. ln conside ration of the payment of rent and the faithful pe1formance by Tenant of the terms, conditions, and covenants herein contained, Authority does hereby lease to Tenant the Premises together w ith any improvements now existing or hereafter constructed thereon, as shown and described on Exh ibit "A." 4. LEASE TERM. The Premises are leased to T enant for a term of fo1ty (40) years (the "Lease Term"), which shall commence upon the Effective Date and shall continue uninterrupted for a period of forty (40) years thereafter, unless the Lease Term shall be soone r terminated as hereinafter provided. -I - Page 5192 of 6526 t 6 G 2 Upon expiration or tennination 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 cove nants 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 conta i n approximately 536 ,250 square feet. The lease rental rate to be paid by Tenant for the Premises sha ll be $80,437.50 annually (the "Base Rental" at $ 0.1500 per square foot), which shall be paid in equal monthly installments of $6 ,703.13 , plus applicable sa les tax, currently 6% or $402.19, for a monthly total payment of $7, I 05.32 (the "Rent"), and shall be due and payable by the first day of every calendar month during the term hereof (the "Due Date"). The obligation to pay the full Rent shall commence ninety (90) days from the lease agreement approval. If the obligation to pay Rent pursuant to the terms of this Lease commences on a day other than the first day of the month , the Tenant shal I pay rent eq ual to one thirtieth ( l/3011') of the monthly renta l multiplied by the number of rental days of such fractional month. B. Increase in Rental Rate. The lease rental shall at no time be less than the Base Rental. The Authority and Tenant , however, agree and stipulate that the lease rental rate may be unilaterally increased by the Authority, annually in accordance with the Authority 's lease rental rate adjustment program and leasing policy. If the Authority exercises its right to unilaterally increase the Base Rental, the Rent shall be adjusted accord in gly, though stil l to be paid in e4ual n1onthly installments. C. Commercial Operating Fee. In addition to rent, Tenant will pay an annual Commercial Operating Fee, currently $200 annually, per the Authority 's published Rates & Charges, wh ich may be amended from time to time at the Authority's sole discretion. D. Place of Payment. All Rent and fees shall be made payable to the Collier County Airport Authority, and mai led by first class letter, postage prepaid, or personally delivered, to t he Adm inistrative Offices at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114, or such other address as the Airports Manager may des ignate in writing. Payments shall be made in cleared funds by cash, check or electronic transfer regularly and monthly without notice from the Authority during the Lease Term. 6. LA TE FEES AND CHARGES. A. Right to Legal Proceedings. In the event Tenant fails to deliver to the Authority the Rent, taxes, fees or information as required to be paid or delivered under the provisions of this Lease so that they are received by the Authority no later than the tenth ( I 0th) day of each ca lendar month, the Authority reserves the right to commence any and all legal proceedings, including default proceedings or eviction proceedings , in accordance with the laws of the State of Florida. B. Interest Due. If Tenant fails to promptly pay, when due, any full installment of Rent or any other sum payable to Authority under this Lease, the Tenant sha ll pay Authority a late payment charge equal to the late fee stipulated in the approved Rates and Charges. -2 - Page 5193 of 6526 t6G2 C. Authority's Right to Terminate Lease. The inclusion of an obligation for Tenant to pay the Authori ty late charges and interest shall not preclude the Authority from terminating this Lease for Tenant 's non-payment of rent, amounts due for fees , taxes , expenses , or charges, or from enforcing any other provisions contained herein. 7. RENEWAL. At the so le and absolute discretion of the Authority , provided this Lease is not in default prior to the expiration date, the Tenant shall be granted a right of first refusa l 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 simi l ar fac ilities at the Airport, but in no event, shall the rental rate be a lesser amount than than paid by Tenant at the expi ration of the initial forty (40) year Lease Term , and it should be anticipated to be a substantially g reater amount. The Authority shall notify Tenant of its decision whether to lease the Premises fol lowing the expiration of the Lease Term at least two (2) year prior to the end of the Lease Term, unless a shorter notice period is agreed upon by the Parties. The right of first refusal may not be assigned. 8. CANCELLATION. The Authority reserves the right to cancel and terminate all or portions of this Lease , upon giving Tenan t not less than six (6) months' written notice, if cancellation is deemed necessary by Authority to implement any phase or portion of any A i rport Master Pl an adopted by Authority. However, Authority agrees that before such Lease cancellation it may make available and offer to Tenant, for the ba lance of the Lease Term, upon the same terms and conditions as set forth in this Lease, premises located within the Airport, including structures and improvements, equal to or greater in size than the area of the Premises. After the Authority gives Tenant notice of its intent to cancel the Lease pursuant to this provision, Authority shall elect one of the following options: A. Re l ocation. If the Author ity elects to relocate Tenant pursuant to this provision, the actual out-of-pocket costs of moving Tenant 's equ ipment and other property kept o n the Premises, to the new location shall be paid by Authority. The reasonable cost of any buildout required as a result of the relocation, as we ll as the repair or replacement of Tenant's equipment or other property damaged during the relocation, if not otherwise cove red by insurance , shall be paid by the Authority. The cost of such repair or replacement cos ts to Tenant 's equipment or other property shall be limited per the caps provided in F.S . 768.28 . B. Termination. The Authority may terminate this Lease , in which case, as its exclusive remedy, and in lieu of any other claims for costs , expenses and damages of any k ind re lated to the proposed relocation and Authority's electi on to terminate, the Tenant shall be entitled to compensation for the fair market value of the leasehold i nterest, improvements and personal property taken , as determined by an independent appra ise r agreed to by the Parties, which agreement may not be unreasonably withheld by either Party. If a portion of the Leased Premises is so taken or sold , and as a result thereof, the remaining part cannot reasonably be used to continue the authorized uses set forth in Section 9 of this Lease, this Lease shall term i nate at Tenant's election and Tenant's obligation to pay Rent and perform the other conditions of the Lease shall be deemed to have ceased as of the date of such taking or sale. Tenant hereby waives , disclaims and releases all claims for costs , expenses , and damages against the Authority, except for this payment. Notwithstanding the forego i ng, the Lease may not be terminated pursuant to this Section so lely to allow the Authority or any other party to take possession of the Premises ,., -.) - Page 5194 of 6526 t 6 G 2 or any portion th ereof for operation of aircraft hangars for lea se or sale as aircraft hangar condominium units. The genera l intent is to prohibit the Authority from terminating the Lease so lely to take over the operation established by the Tenant. 9. PERMITTED USE OF PREMISES. Tenant, upon payment of th e lease Rent and all app l icable fees and taxes, and the faithful performance of such covenants , agreements and conditions requ ired by law, or this Leas e, shall and may, continue to peaceably enjoy the Premises. Such quiet enjoyment is conditional upon Tenant adhering to the following terms: A. Aircraft Hangars. Tenant agrees that the Premises shall be used only for the construction (in accordance with plans and spec ifications designed in accordance with FAA/ Airport Standards and with the Authority's input in the proposed design plan review deliverables , and subject to the Authority's prior approval of the final plan set prior to permitting) and subsequent operation of aircraft hangars for sublet or operation of aircraft hangar condomi nium units (subject to the Authority's approval of Tenant's proposed subtenants, whether sub lessees or condomin ium unit owners) and an independent han gar for aviation repair and maintenance, including office space and/or related aviation facilities; no other use o r occupancy is auth o rized or s hall be permitted, except as fo r t hose uses re lative t o commercia l aviation uses fo und in Section 10, w it h t he pri o r a pprova l of t he Au th ority. The Authority retains full control ove r the activities conducted on the Premises by modifying, amending, and interpreting the Rul es and Regulations of the Authority. B. Leasehold Condominium. Tenant shall have the right to submit the Prem ises, or a portion thereof, to condominium form of ownership in the manner se t forth herein, and in that event the expiration date of this Lease shall be extended to a date which is forty ( 40) years from the date the first deed of conveyance to a purchaser of a condomin ium unit is recorded and is in full compliance with the requirements of Section 718.401 (1 ), Florida Statutes, provided that the first deed to a purchaser of a condominium unit is recorded within one hundred eighty (180) days following the issuance of a certificate of occupancy for the contemplated improvements by Tenant. (I ) Tenant sha l l be permitted to create a lease hold condominium and submit the Premises to the condomin ium form of ownership as provided under Chapter 718, Florida Statutes. Each leaseho l d condominium unit ownership interest shal l be conveyed and held subj ect to the terms, covenants and conditions of this Lease. Tenant may divide the Premises into multiple individual condom inium units and, subject to Authority approval , convey each condominium unit to third party condominium purchasers who thereafter sha ll co llectively , through the condominium association, assume all rights, privileges and obligations of Tenant under the Lease and all rights of condominium ownership provided to unit owners of commercial/non-residential leasehold condomini ums under Chapter 718, Florida Statutes, or other applicable law. This provision shall not be construed to grant to any condominium unit owner fee title and all rights of condominium unit ownership shall be subject to the provisions of this L ease. (2) At T enant's expense, the Parties shall affix and incorporate as a patt of the Lease a property description of the Premises that is sufficient to comply with the requirements of Section 718.401(1), Florida Statutes , for the creation ofa leasehold condominium and a su rv ey of the Premises, showing the re l ation of the Premises to the l and included in the common elements sufficient to comply with the requirements of Section 718.40 I ( l ), Florida Statu tes. Upon Tenant's request, and at -4 - Page 5195 of 6526 1 6 G 2 Tenant's expense, the Parti es shall ex ec ute and record i n the public reco rd s of Collier County, Florida a memorandum of lease setting forth the property description and the essentia l terms of the Lease . (3) Tenant may attach a copy of this Lease to the declaration of condominium to be record ed in th e Pub lic Reco rd s of Collier County, Florida. ( 4) The Authority i s bo und by the provisions of Section 7 18.40 I (I)( d), Florida Statutes , as amended from time to time, with res pect to the enforcement ofa lien for rent. (5) Subject to Authority approval, any condominium unit owner may sel l, transfer, convey, lease, or grant a license with respect to his/her interest in the condominium unit. Tenant and the condominium association shall maintain a list of each condominium unit owner and tenants or l icen sees of each condominium u nit owner, including addresses, telephone numbers and the identification of their aircraft. A current copy of the list shall be provided on any transfer to the Authority but no less frequently than annually. Any ag reement granting the right of po ssess ion or use of any part of t he Premises, including the sa le ofa condominium unit, to any indi vidual or entity, shall first be submitted for review an d approval by the Authority. (6) Notwithstanding anything to the contrary contained in the Lease, provided Tenant i s not in default, Tenant may ass ign this L ease to the condominium unit owners association created to act as th e governing body for the lease ho ld condominium on the Premises and upon acceptance of such ass ign ment and the assumpt ion of all duties and obl igations of Tenant as tenant under th e Lease by the co ndominium assoc iation, exc ept that, in the eve nt of such assignment, the Tenant sha ll rema in seco ndarily liable for th e payment of the Base Rental amount due under the Lease, notwithsta nding such ass ignment. (7) The Parti es agree to cooperate in performing such acts or enteri ng into such documents or agreements as shall be reaso nably necessary to submit the Premi ses to the leasehold condominium form of ownership as provided for and required und er Chapter 7 I 8, Florida Statutes, consi ste nt with the term s of this L ease. C. Non-Exclusive Use. Tenant and its permitted assignees, subtenants, agents , employees and c ustomers, as well as all Tenant's approved future owners of individual condominium units on the Prem ises, are permitted non-exc lusive use of all runways, taxiways, taxi lanes , roads, rig hts- of-way and driveways to and from the Premises in common with other airport users. Tenant and its perm i tted assignees , subtenants, agents, em ployees, and customers, inc luding a ll approved future owners of individual condominium units o n the Premises , have the r ight to free access , ingress to and egress from the Premise s. Th e Authority may, at any time, temporarily or permanently close or consent to the closing of any roadway or other rig ht-of-way for such access , ing ress to and egre ss from the Premises prese ntly or hereafter used as such. In such a case , a me ans of access, ingress, and eg ress reasonably equivalent to that formerly provided shall be substituted and concurrently made available. D. Excl usive Use of Premises for Aircraft Hangars. Tenant ag rees that it and its approved assignees, subtenants, and all approved future owners of individual condominium units on t he Premi ses shall only use the units as ai rcraft hangars, by w hich is meant a place to store airworthy aircraft, equipment related to suc h aircraft and office spac e. The lease renta l rate and annual increases required by the Authority and ag reed upon here in by the Tenant are, in part, made possible by aeronautical activities at the Airport. The Authority stro ng ly encourages aviation uses of its land and proh i bits non-aviati on uses of the Premises. The Authority requires that the Tenant, its app roved assignees, subtenants, and all its approved future owners of individual condominium units on the Premises always maintain aircraft in -5 - Page 5196 of 6526 t6G2 its hangars; subject to events that may require the relocation of aircraft to another airport during certain times of the year. In the event , however, that the Authority determines that a unit of a hangar on the Premises is or has not been used as a hangar for an airwo11hy aircraft for an extended period, it shall so notify the Tenant. If the Authority determines that no airworthy aircraft has been stored or maintained in the Premises for a period more than six (6) months, such failure to maintain an aircraft shall constitute a non-monetary default subject to the remedies set out in Section 30 of this Lease. 10. LIMITS ON USE A. Commercial Aviation Enterprise. The operation of any commerc ial 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 schoo ls 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 spec ifically agreed that nothing herein contained sha ll be construed as prohibiting Tenant , its approved assignees, subtenants, and all approved future owners of individual condominium units from al lowing its own employees, or an approved product service cente r, from performing services on their own aircraft in their hangars. All such servicing, maintenance and repai r shall be conducted in accordance with Federal Aviation Regulations and applicable law. B. No Exclusive Rights. It is specifica l ly understood and agreed that nothing herein contained shal l 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 ae ronautical activities other than those descri bed in Section 9 of this Lease. D. Rule Compliance. Tenant shall not engage i n any activities that violate or depart from the provisions and intent of the Authority 's Rules and Regulations described in Section 16 of this Lease. E. Statutory Compliance. Te nant agrees that it wi ll not use, nor permit the Prem ises 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 Compl i ance . Tenant may construct, insta ll, erect and maintain buildings or other permanent improvements on the Premises , but only in accordance with plans and specifications which have first bee n 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 Colli er County Code of Laws and Ordinances, and as required by all other governmental agencies having jurisdiction over the land constituting the Premises. G. Spatial Limitations. This Lease confers no rights to the subsurface of the Premises more than five (5) feet below the ground level or to the airspace above the existi ng rooftop of any structu ral improvement that is or becomes part of the Premises. H. Rights of Authority. The Authority reserves the right to close the Airpo11 or any po rtion thereof, including without limitation the runway, taxiway, taxi l ane , apron, terminal buildings, -6 - Page 5197 of 6526 16G2 automobile parking facilities when necessa,y or convenient to further the Authority's management of the Airport. I. Exclusive Fueling Rights. The Authority retains exclusive fueling rights at the Airpo,t. The Authority retains the right and privilege of making distinctions between the types of available fuels , oils, and services in keeping with the best interest of the Authority. J. Tenant's Hangar Rental Rate. At no time shall the Tenant's hangar rental rate to approved subtenants be less than the Authority's then established hangar rental rate . K. Tenant's Utilization of Authoritv's Airpo1t Waiting List. At all times, the Tenant shall utilize the Authority's Airport Tenant Waiting L ist and allow all persons/entities in the ranked order established in that List the right of first refusal to any available hangar rental space in Tenant 's possession at the Airport. L. Tenant's K ey Personnel. As part of this Lease, the Tenant shall employ a Genera l M anager that has the expertise to handle the Te nant's day-to-day business of oversee ing the construction of the hangars, the rental of the hangars to approved subtenants and all other aspects of the Tenant's general business acti vity on the Airport's Premises. Tenant's Vice President, Louis Gaudio, shall serve as the General Manager for Years one (I) and two (2) of the Lease. From Year three (3) onwards, the Tenant shall hire a full-time General Manager to assume those duties, subject to the Authority's right to object to the General Manager proposed for hire. Tenant shal l be permitted to subcontract Maintenance Services to qualified , loca l films, that are eligible and meet the safety and security requirements to work at the Airport. The Tenant's General Manager is considered an essential or "key" personnel assigned to the project and shall not be removed without the Authority's prior written approval; and if so removed must be immediately replaced with a person acceptable to the Authority. Further, the Authority shall have the right to d i rect Tenant to remove and replace the General Manager, with or w ith out cause, if in the sole discretion of the Authority such removal and replacement is in the best interest of the Authority. 11. CONDITION OF PREMISES AND PERIODIC REHABILITATION . Tenant accepts the Premises, and all i mprovements and appurtenances thereto, in addition to the land, in their present "as is" condition as su itable for the purpose for which the Premises are leased. A. Contamination . Tenant shall be respons ible for any damage to or contam ination of the Premises occurri ng during Tenant's tenancy whether or not due to the acts or omissions of Tenant, i ts officers, employees , business invitees, subtenants or assigns , in violation of any State , Federa l or local law or regulation, and will decontaminate the Premises at its own expense if a violation of Federa l , State or local law is charged. Tenant shall either document decontamination or provide to the Authority satisfactory evidence that the Premises is not contaminated. The Premises sha ll not be deemed to be decontaminated until the Authority so states in a written document add ressed to Tenant. B. No Liabi lity. The Authority shall not be liable for any damages or loss suffered by Tenant, or for injuries to persons or Premises. C. Liability of Tenant. Tenant further acknowledges that no representations as to the condition of the improvements, structu res , paving, or the geology of the so il, on t he Premises, expressed or implied, have been made by the Authority, its officers, employees, or agen ts prior to or at the execution of this Lease. Notwithstand ing the foregoing, Tenant, its officers, employees, agents, successors, and assigns, will not be responsible for any damage to or contam ination of the Premises if -7 - Page 5198 of 6526 t 6 G 2 such damage or contamination is due to or caused by the act of the Authority, or its officers, emp l oyees, agents, successors or assigns. D. Due Di l igence by Tenant It is th e respon sibility of Tenant, at its so le cost and expense, to investigate and determine the suitability of the soil, geology, env ironmenta l and seism ic condition of the Premises for Tenant's intended development. Tenant, at its so le cost and expense, shall have the right to conduct a Phase I Environmental Site Assessment and any additional environmental site assessments of th e Premi ses (collec tively ·'Audit") within ninety (90) days of the Effective Date of this Lease. If the Authority or Tenant cteems the Premises in its present condition to be un acceptab le for its intended use based upon the results of the Audit, the Authority or Tenant may terminate thi s Lease if (I) Tenant or A uthority does so with in one hundred twenty ( 120) days of the Effect ive Date of this Lea se and (2) if the Audit revea ls that haza rd ous subs tances are or may be pre se nt on the Premises. Within thirty (30) days after termination of this Lease pursuant to the preceding sentence, Tenant sha ll recov er its deposits and previous rent payments made to the Authority und er this Lease if the Audit revea ls that hazardou s substances are or may be present at the Premises. E. Periodic Rehabilitation Required of T enant. Tenant agrees that (i) prior to the tenth ( I 0th) an niversary date of this Lease, (ii) on each succeedi ng ten year anniversary date and (iii) a date two (2) years prior to the expiration of the term of thi s Lease (each such date an "Ins pectio n De adlin e") Te nant shall deliver to the Authority a detai led written inspection report prepared by a commercial bui lding inspector licensed by the State of Florida Department of Business and Professional Regulation 's Building Code and Inspection Board (the --ins pectio n Report") of all of th e improvements on the Premi ses (of both the exterior and interior thereof), certified to the Authority, including, but not l imited to, the following: (1) air cond itioning (HVAC) syste ms (if app licabl e); (2) doors, includ i ng th e hangar doors, and hardware ; (3) electrical sys tems; (4) elevators (i f applicable); (5) exterior lighting sys tem s; (6) signage; (7) fire sprink ler systems (if applicable); (8) secu r ity fences; (9) landscape/sprinkler sys tems ; ( I 0) moisture penetration; ( I I) mold/m ildew incursion; ( 12) paving (park ing, apron and tarmac); ( 13) plumbing sys tems (if applicable); (14) roofi ng systems; (15) site drainage; ( 16) smoke detectors; ( 17) structural components; ( 18) termite infestation; ( 19) windows and hardware; (20) appea rance and cosmetic items; and (21) repair and maintenance recommendations. Subject to Section 14 hereof, T enant covenants and agrees to complete, at Tenant's so le cost, all repairs and maintenance recommended in the Inspection Report within ninety (90) days of eac h Inspect ion Dead line. Tenant understands and agrees that if all such recommended repairs and maintenance are not comp leted by Tenant w ithin ninety (90) days of each Inspection Deadline then this Lease shall terminate, and Tenant sha ll surrender the Premises in accord with Section 28 herein and all other terms and conditions of this Lease. 12 . CO NSTRUCTION ACTIVITY. Tenant shall not commence any site work, building, alterations, additions or infrastructure improveme nts, or engage in any const ruction activity on the Premises, without the prior w ritten consent an d approval of the Authority. Further, Tenan t sha ll obta in the Authority's written consent and approval of all plans for si te work, buildings, alterations, additions, grading, paving, drainage, utilities, landscaping, or oth er infrastr ucture improvements before construction may be commenced. A ll construction of improve ments must confo rm with th e approved plans an d shall be constru cted or installed in accordance with all ap plicable stat utes, ord inances, building codes, and rules and regulations of th e Authority, and any othe r authority that may have jurisdiction ove r the Premises and Tenant's operations. Tenant is so lely re sponsib le for determining and obtaining all necessary permits and approvals, and for paying al l fees requi red, for the construction. T he A uthority's ap prova l of Tenant's plans and spe cifications does not constitute a representation or warranty as to th eir co nformity with Collier County building standards , codes or zoning. -8 - Page 5199 of 6526 1 6 G 2 Tenant shall plan, orga ni ze, supervise, schedule, monitor, direct and control the construct ion competent ly and efficient ly, devoting such attention thereto and applying such skills and expe rti se as may be necessary to perform the work in acco rd ance with th e plans approved by th e Authority. Tenant shall be respons ible to see th at the finished const ruction comp lies accurate ly w ith those app roved plans. Tenant shall keep on the construction site at al l times during the construction a competent resident sup erintendent, who shall be subject to th e Authority's approval and not be replaced without prior written notice to the A irports Manage r exce pt under ex traordinary circum stances. T he superintendent sha ll be emp loyed solely by the Tenant and he th e Tena nt's repre se ntative on the Prem ises and shall have th e aut hority to act on behalf of th e Tenant. All co mmuni cations given to th e superintendent sha ll be as binding as if gi ven to the Tenant. The Te nant shall have a compe ten t superi ntende nt on the Premises at all tim es during co nstru ction whenever Tenant 's work c rews, or work crews of other parti es authori zed by Tenant are engaged in any activity what soever assoc iated w i th 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 Lea se and the Authority may pursue its re medies for events of breach as provided herein. The Authority shall have the ri ght to direc t Tenant to remove and replac e the superintend ent, w ith or w ithout cause, if in the so l e discretion of the Authority such removal and replacement is in the best interest of the Authority. By exec uting and entering into this Lease, the Ten ant is formally ac knowl edg ing w ithout excep ti on or stipulation that it is fully respons ib le for comply ing with th e pro v isions of the Immigr at ion Reform and Control Act of 1986 as located at 8 U.S.C. 1324, ~ seq. and regulations relating thereto, as either may be amended. Failure by the Tenant to comply with th e laws referenced herein shall co nstitute a breach of this Lease and the Authority shall have the discretion to unilaterally terminate this agreement cons istent w ith the termination provisions provided here in. Statu tes and exec utive orders require employers to abide by the imm igration laws of the Uni ted States and to employ on ly indi viduals who are el igible t o work in th e United States. The Employm ent Eligib ility Ver ification System (E-V erify) operated by the Departm ent of Home land Security (OHS) in pa rtnershi p with the Social Secu ri ty Administration (SSA), provides an Internet-based mean s of verifying emp loy men t eligib ility of work ers in the United State s; it is not a substitute for any other employment eligibility verification requirements. Tenant is req uired to enroll and co mply with the E-Veri fy program , and provide acceptable evidence of its enrollment, at th e time of the execution of th is Lease. See Exhi bit --c ," attached. Acceptabl e evidence cons ists of a copy of th e properly co mpleted E-Ve ri fy Co mpan y Pro file pa ge or a copy of th e fully exec uted E-Verify Memorandum of Understanding for the company. Additionally, the Tenant shall require all subcontracted contractors working at the Airport t o use th e E-Verify syste m for all purchases except: (I) Commodity based procurement where no se rvices arc provided, and (2) whe re otherwise waived by the Authority. For additional infonnation regarding th e Employment Eligi bility Verification Sys tem (E-Verify) program v isit the fol lowing websi te: http://ww\\.dhs.gov/E-Verifv. It shall be th e Tenant 's respon sibility to familiari ze them se lves with all rul es and regulation s go verning thi s program. Tenant agrees to keep th e project site clean at all times of deb ris, rubbi sh and waste materials arising out of any improvement to the Premises. At th e completion of any improvements, Tenant shall remove all debri s, rubbi sh and wa ste materi als form and about the site of the Premises, as well as all tools, app liances, construction eq uipm ent and mac hinery and surplus mate ri al s, and shall leave the Premi ses site clean and rea dy for occupancy. -9 - Page 5200 of 6526 t6G2 Tenant further agrees that all right and title to any alterations, additions and improvements made to the Premises duri ng the Lease Term shall vest in the Authority upon termination of the Lease, sha l l not be removed , and shall remain on the Premises as the property of the Authority upon the expiration or terminat ion of this Lease. To that end, all common i nfrastructure funded and built in accordance w ith the Tenant's construction plans as approved by the Authority b ut outside the leased Premises , incl uding but not limited to gates , fencing, an access roadway extend i ng to the proposed Terminal parking lot and other common area improvements, shall be turned over to the Authority upon the comp letion of construction with all right and title vesting upon termination of the L ease. It is further agreed that the Authority is not responsible for reimbursing the Tenant for its investment in any modifications, additions, improvements, structures, fixtures, or equipment on the Premises. Tenant agrees that upon the expiration or sooner termination of this Lease, Tenant shall deliver up the Premises to Authority peaceably , quietly and in good order and condition, ord i nary wear and tear excepted. 13. HANGAR F AC ILITY C ONSTRUCTION. Tenant shall construct upon the Premises, at its so le expense and in compliance with all the terms and conditions of this Lease, eight (8) steel buildings consisting of 31 aircraft hangar units, including optional office space and/or related aviation faci l ities, in strict accordance with plans and specifications approved in writing by the Authority. As part of the consideration for entering into this Lease, the T enant commits to constructing the 31 hangar units for sub-lease or sale as condominium units, as fol lows: Bui lding I , 2 & 3 (6 box hangar units) • Building is 62 ' x 385', individua l hangars are 62' x 64 '-2 " Building 4 (I corporate hangar unit) • Building is IOO 'xl20' Buildings 5, 6, 7 & 8 (3 box hangar units) • Building is 85 ' x 280 ', individual hangars are 85' x 90' Tenant agrees that Tenant sha ll commence the construction of the approved improvements within fifteen ( 15) months from the Effective Date of this Lease. In the event Tenant has not commenced the constructio n of the approved improvements within 15 mont hs from the Effective Date of this Lease , this Lease sha ll term i nate, and the Authority sha ll retain all funds paid to it by the Tenant. Tenant shall , in add i tion, be liabl e for any other damages sustained by the Authority because of Tenant's failure to comply with th is provision of the Lease. Prior to commencing construction of improvements on the Premises , the Tenant shall comply with all the following provisions: A. Commencement. Within nine (9) months of the Effective Date of th is Lease, Tenant sha ll deliver to the Authority all drawings, plans and specifications for construction of the improvements contemplated to be con structed 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 . -I O - Page 5201 of 6526 16G2 Within thirty (30) days of receipt thereof, the Authority shall either notify Tenant of its approval of the proposed plans and specifications or reject the proposed plans and specifications with recommended revisions. The Tenant shall prepare revised plans and specifications, consistent with the Authority's recommendations. Tenant shall have the option of resubmitting to the Authority revised plans and specifications, incorporating the Authority's recommended revisions, within thirty (30) days of Tenant's receipt of the Authority 's recommended revisions; or, of terminating this Lease. If revised plans and specifications are submitted to the Authority, and the Authority again rejects the revised plans and specifications, the process shall repeat itself; however, this process shall be completed within I 2 months from the Effective Date. In the event Tenant has not submitted acceptable plans and specifications to the Authority (and the Authority has approved the same in writing) within 12 months from the Effective Date , this Lease shall terminate, and the Authority shall retain all funds paid to it by the Tenant. In addition to Authority approval, Tenant shall obtain at i ts 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 un less and until a complete permit set has been approved in writing by the Authority 's Airports Manager (provided , however, draft plans and specifications may be submitted by Tenant to the Authority and Collier County for preliminary review prior to application for approval by the Authority and any other agency whose approval is required); and (ii) all permit applications, modifications, responses to Requests for Additional Information (RAI) and other applications or correspondence to be submitted to the FAA, South Florida Water Management District and other governmental or non-governmental agencies or parties must first be sent to the Authority 's Airports Manager for prior written approval (and Tenant understands and agrees that no communication with the South Florida Water Management District concerning the Premises or the Authority 's permit is allowed without the prior written approval of the Authority 's Airports Manager). B. Perfonnance Bond or Letter of Credit. Prior to the commencement of construction of any improvements on the Premises costing greater than Twenty-Five Thousand and 00/ I 00 Dollars ($25,000.00), Tenant shall cause to be obtained a payment and performance bond (that meets the requirements of Section 255.05, Florida Statutes) or letter of credit in a sum equal to the full cost of all such improvements. Said payment and performance bond , letter of credit or other security shall (i) name the Authority as an obligee or beneficiary thereunder, (ii) be from a company acceptable to the Authority and licensed to do business in the State of Florida, (iii) contain terms and conditions and be in form and substance satisfactory to the Authority, (iv) guarantee the full and faithful performance of the construction and completion of all improvements (and payment to all persons supplying contractor labor, materials and supplies used directly or indirectly in the prosecution of the construction work provided) in accordance with final plans and specifications approved in writing by the Authority, free from all liens and claims of contractors , subcontractors, mechanics, laborers and materialmen following the commencement of construction; (v) provide that the construction work shall be completed by the Tenant, its contractor, or, on their default, the surety; (vi) specify that in default of such completion and payment, such part of the amount of the surety as shall be required to complete the work shall be paid to the Authority as liquidated and agreed damages for the non-performance of Tenant's agreements, it being agreed the exact amount of the Authority's damages is difficult and impractical to ascertain; and (vii) defend, hold harmless, protect and indemnify the Authority against all losses, liabilities, damages, expenses, claims and judgments caused by or resulting from any failure to perform completely all of the work described; and (viii) provide that the duty to defend under this section is independent and separate from the duty to indemnify, exists regardless of any ultimate liability of Tenant, the A uthority or any indemnified party, arises immediately upon presentation of a claim by any party and upon written notice of such claim being provided to Tenant; and (ix) that the obligation to indemnify and defend under this -11 - Page 5202 of 6526 t6G2 section will survive the expirat ion or earlier termination of this Lease until it is determined by final judgment that an action against the Authority or an indemnified party for the matter indemnified hereunder is fully and finally barred by the appl icable statute of limitations. The Authority may but shall not unreasonably disapprove the surety. The surety sha ll be deemed approved unless a notice of disapproval is given by the Authority within th i,ty (30) business days after receipt of the proposed surety. C. "As Built" Plans and Survey. After the final plans and specifications are approved in wntmg by the Authority, the Tenant shall diligently and continuously prosecute the construct ion of the approved improvements. Upon completion of the approved improvements, Tenant shall provide Authority with "as bui l t" plans and an '·as built" survey ce,tified to the Authority. D. Construction D ocuments. Tenant shall construct all site improvements on the Premises in accordance w ith the plans and specifications approved by the Authority. E. Satisfacto,y Completion and Certificat e of Occupancy. Notwithstanding anything in this Lease to the contrary, Tenant sha ll sat isfactor ily complete construction of, and obtain a certificate of occupa ncy from Collier County for, all the improvements on the Premises approved by the Authority within eighty-four (84) months from the Effective Date of this Lease. F. Inspection and Acceptance. Tenant shall obtain all b uil ding permits and approvals required. All improvements including, but not limited to, bui ldings, site preparation, sub-grade preparation, paving, drainage, and overal l development of the Premises, shall be subject to inspection, testing, and acceptance in accordance w ith applicable law. G. Engineering. Tenant must set the necessary boundary stakes on the Premises and shall provide any surveys required for the design of the area paving. Any material deviation from the approved p lans and specification must have prior approval by the Authority and any required governmental agency. 1--1. Utilities . Upon the prior written approval by the Airports Manager, Tenant may install other utilities on the Premises at its own cost and expense, including all connection, inspection, and service fees . A ll uti lities must be i nstalled underground, unless agreed to in writing by the Authority and waived by any approving utility authority or agency. The Authority may negotiate with Tenant for the over sizing or extension of utilities to serve other parcels on the Airport. I. Paving and Concrete. Tenant must construct the pavement for the aircraft movement areas and the concrete hangar floors to accommodate the heaviest aircraft expected to operate in the area, or fully loaded fuel trucks , whichever is of greater weight, with expected pavement li fe of no less than twenty (20) yea rs. Any roadway access must be in accordance w ith the Florida Depa,tment of Transportation standards as se t forth in the "Manual on Uniform Sta ndards " for comparab le construction. Tenant sha ll construct and extend , as part of its construction plans, an internal access roadway extending from the proposed parking lot terminal, past the future Authority Hangar site and traveling behind and to the west of the three proposed Jet Hangar Jet units identified on the Hole Montes Proposed H angars Layout attached as Exhibit "B," with schematic drawing. That extended roadway shall belong to the Authority but be dedicated for common use allow ing ingress and egress to t he Airport for tenants and other authorized persons, for at least the forty-year term of the Lease. -[2 - Page 5203 of 6526 t6G2 J. of the Premises. F ini sh Site Grading. Tenant shall perform, at Tenant's expense, all fin ish g radin g K. Frontage Clearances. Tenant shall insure th at all frontages and c learan ce of the improvements (i) are in compliance with Collier County sta ndard s and (ii) do not encroach upon any building rest riction line. 14. SUBSEQUENT CONSTRUCTION ACTIVITY. Except as authorized and approved in strict accordance w ith Section 13 , Tenant sha ll not commence or conduct any new cons truction or work, or alter any exist in g improvements, on the Premi ses costing greater than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) without the Authority's prior written approval , wh ich approval may be approved , denied, delayed, or conditioned in the Authority's so le absolute disc retion. 15. DISCHARGE OF LIENS. Tenant shall not cause or allow any lis pendens , construction, labo r, mechanic's, or mater ialman's lien to be filed aga inst the Premises, th e Authority or th e Authority's real or personal property . I n th e eve nt of the tiling of any lien, or any other charge whatsoever against the Premises, the Authority or i ts property, Tenant sha ll immediately take all necessary action to secu re the release of same and shall provide, at Tenant's expense, all bonds, secu rity or undertakings to accomp l ish the rel ease of such liens. In th e event Tenant fails to secu re the release of any such liens, the Authority shall have th e rig ht, but not th e duty or obligation, to take any act ion it dee ms appropriate to sec ure th e releas e of any such lien including paying the underlying obligation to the lienor. Tenant agrees to indemnify and hold the Authority harmless from all l iability, damages associated with this req uireme nt, expense and costs including reaso nable attorneys' fees. 16. RULES AND REGULA TIO NS. Tenant hereby ag rees to obse rve and comply with , at its own expense, al l laws , policies, ordinances, rules, and regulations promulgated by the Authority and any other cognizant County, State , Federal authority or governm en tal agency or spec ial di strict hav ing jurisdiction over the Airport and the Premises described in this Lease , during the Lease Term, including: A. Airport Leasing Policy. Tenant shall observe and comply with the Authority's Leasing Poli cy, as from time to time amended, and on file in the office of the Airports Manager (hereafter, the "Lease Manu al"). The Lease Manua l is incorporated into this Lease and by reference made a part hereof. Tenant acknowledges that it shall be bound by the term s of the Lease Manual, as of the l" day of the second month the Tenant rece ives a copy of the Lease Manual o r an amended Lease Manual. With respect to any term s in thi s Lease Agreement that contlict with the Lease Manual , the Lease Manual shall control. B. Rules and Regulations. Tenant shall observe and comply w ith the Authority's Lease Policy, Minimum Standards for Comm ercial Aeronautical Operators, and its publi shed Rules and Regulations for this airport, which are on fi le at the address set forth above, as such regu lations may be amended from time to time by the Authori ty in its so le and absolute di sc retion without notice to Tenant, including such reaso nable landing fees , rate s or charges, as may from time to time be levied for ai rfield operational privileges and/or serv ices provided at the A i rport. Tenant shall also comply w ith all -13 - Page 5204 of 6526 t6G2 applicable governmental statutes , rules, orders and regulations. After any such amendment, the Authority sha ll duly notify the Tenant. 17. AIRPORT OPERATIONS. A. Conduct of Business by Tenant. l n the use of the Premises pursuant to th is Lease , Tenant shall conduct its operations in a lawful, ethical, orderly and prope r manner so as not to interfere w ith the rights and privileges of others at the Airport and shall be responsible for the conduct, demeanor and appearance of its employees and invitees and of those doing business with Tenant. Upon receipt of complaints concerning the conduct of i ts business, Tenant shall immediately address such comp lai nts and correct any improper conduct as required by the Authority. B. Care of Aircraft. The respons i b i lity for setting brakes, placing chocks, or otherwise securing any aircraft is so l ely that of the Tenant. Author ity is under no obligat ion to move Tenant 's ai rcraft into or out of the Premises. If, at Tenant's request, Authority does so move sa id 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 refrai n from any act or omission that would interfere with or adversely affect the operation or maintenance of the airport, disturb the qu iet enjoyment of the use of the Airport or surrounding property or otherwise constitute an Airport hazard . Activities that may constitute airport hazards i nclud i ng but not lim ited to any activity on the Premises that direct ly or indirectly produces unlawful amounts or levels of chemical, b iological or electromagnetic radiation, air pollution (gasses, particulate matter, odors , fumes , smoke or dust), water pol l ution, noise, glare, heat emissions, radioactiv ity, electron ic or radio interference with navigation and communication facilities for the operation of the A i rport and its use by aircraft, trash or refuse accumulation, vibr ation, prop-wash , or jet blast , ur wh ich is hazardous or dangerous by reason or r isk of exp losion, fire, or harmful emiss ions. D. Based Aircraft Report. Tenant shall furnish to the Authority, within seven (7) days upon the Authority's written request from time to time, a report of all ai rcraft located on the Premises. Such report shall include, at a mini mum, the followi ng items: aircraft type, make, model, registration number and any other i nformation as may reasonab ly be requested by the Authority 's Airports Manager. 18. F LAM MABLE M AT ERIALS . Flammable or explosi ve gases , l iquids o r sol i ds shall not be allowed, kept or used on the Premises except that aviation fue l may be stored in the internal fuel tanks in Tenant's ai rcraft o r other transportation related equipment, in which event any such substances shall be delivered in amounts , and stored and used , as approved by Author ity in accordance with the ru l es of the Florida Inspection and Rating Bureau and a ll other applicable statutes , guide l ines, ord i nances, Rules and Regulations in force and effect during the term of this L ease. 19. WASTE, REPAIR, M A[NTE NA NC E AN D CLEANLINESS OF PREMISES. T enant understands and agrees that good maintenance is its leasehold obligation, and that the maintenance obligat ion under this Lease is fully net , including but not limited to the fo llowing: -14 - Page 5205 of 6526 t6 G2 A . Waste. Tenant sha ll not commit, nor suffer to be committed, any waste or contamination on the Premises , incl uding physical damage to the Premises, either neg l igent, intentional , or fail to repair and maintain the Premi ses . B. Repair and Maintenance. Throughout the Lease Term , Tenant shall keep and maintain, at its own cost and expense, the Premises and any improvements, fixtures, equipment, or landscaping thereon , in good order and repair, as determined by the Authority. Subject to the terms and conditions of Section 14 herein, Tenant shall make all necessary repa i rs thereto , including, without limitation, all structural and non-structural repa irs , including repairs to building interior, building exterior, paving, site i mprovements, fixtures, facilities and equipment, and shall replace all broken glass with glass of the same size and quality as that broken. All painted exterior surfaces and surfaces requiring treatment of any kind must be maintai ned in good condition and mu st be repainted or treated when reasonab ly required to preserve the structure and to maintain high standards of appearance at the Airport. All maintenance, repairs , and rep lacements must be of a quality substan tially equal to the original materials and workmanship. Any changes in exterior paint colors are subject to prior written approval of the Airports Manager. C. Repair upon Notice of Authority. In addition to Tenant's obligations under Section II.E. of this Lease , within ninety (90) days of written notice by the Authority to the Tenant, Tenant must perform reasonable repair and maintenance as directed by the Authority. D. Fai l ure to Repair or Maintain. In the even t Tenant fai ls 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 th e other remedies provided herein , shall have the right to enter on to the Premises and effect such repairs and recover one hundred ten percent (110%) of its costs and expenses from Tenant. If Tenant fails to reimburse the Authority for that amount pl us interest, within thirty (JO) days of written demand, Tenant's failure to reimburse Authority shall constitute a defaul t under this Lease. E. C lea n, Safe and Sanitary. Tenant sha ll keep the Premises and the immediately adjacent property improvements in a clean, safe, and sanitary condition according to all applicable governmental statutes, ordinances, guidelines, rules and regulations, Authority's Rules and Regulations , and the direction of duly authorized public officers during the Lease Term, all at Tenant 's cost and expense. Tenant is responsible for removing all garbage, debris, contaminants, and other waste material (solid or liquid) arising out of Tenant's occupancy of the Premises or its operations. F. Solid Waste. Tenant further agrees to contract with a franchised sol id 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 Premi ses after Tenant 's failure to remove the same, Tenant agrees to reimburse Authority at one hundred ten percent ( I I 0%) of the cost of removal. G. Liquid Waste. Tenant sha ll provide, as necessary , a separate dra inage, collection, or separation system to ensure that no untreated liquid waste from any type of operation be discharged directly on adjacent property or into the Airpo1t's storm drainage or sanitary sys tem , including petroleum products, so lvents, aircraft c leaning residue and oil change operation s. -15 - Page 5206 of 6526 16 G 2 H. Vehicles. Tenant, its emp loyees , 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 T enant 's aviat ion-related activities as allowed under this Lease are permitted. I. Damage Caused. Tenant agrees to immediately report to the Authority any damage Tenant, its tenants, custome rs, 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 se rvice to the Premises and shall connect its improvements to the sewer main. Tenant shall pay all costs of connecting its improvements to the sewer including the installation of the lateral pipes, the hook-up fee and monthly charges as billed by the Coll ier County Water and Sewer District, lmmokalee Water & Sewer District, the Authority or any other agency or spec i al district providing sewer service to the Tenant. K. Fence. If required by the construction plans , Tenant shall erect and , at all t im es during the term of this Lease , maintain an FAA-recommended fence as part of the Airport perimeter fence line. The Tenant 's portion of the fence line shall be specified and approved by the Authority. The Tenant's portion of the fence shall be constructed and maintained at Tenant's sole cost and expense and shall be turned over to the Authori ty upon completion of construction . 20. STORM WATER DISCHARGE Tenant assures that no contam inants , pollution , or hazardou s material of any type wi 11 be discharged onto adjace nt property or into the storm water system at the Airport and agrees to be held responsible for any discharge either by Tenant or by any of Tenant's subtenants, agents, or employees, during the entire Lease Term. Any fine or expense for remedial act ion required by the Authority, by any agency or agenc ies having jurisdiction, as a result of actions on or discharges from the Premises, will be charged to Tenant, and Tenant sha ll 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 so l e expense , employ security personnel , install security lighting, or maintain alarm systems. If Tenant elects to install outdoor lighting, Tenan t must request permissi on from the Authority prior to installation. Security requirements are imposed on the Airport by the FAA, Transportat ion Secu rity Administration ('"TSA") and other agencies having jurisdiction over the Airport. Tenant covenants and agrees to comply with all suc h security requirements, at Tenant 's sole expense. In the event the Author ity 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 sha ll immediately reimburse the Authority in full for a ll such fine or penalties. Tenant acknowledges and agrees that the Authority may (in the so le discretion of the Authority's Airports Manager), at the Authority's sole expense , install and remove from time to time its -16 - Page 5207 of 6526 t6G2 own security equipment and improvements (including, without limitat ion , cameras, gates , lighting and alarms) on or about the Premi ses and improvements located thereon. 22. UTILITY SERVICES, TAXES AND FEES A. Util ities. Tenant shall pay for all utilities with respect to the Premises or the occupancy thereof, incl uding without limitation, all costs of electr ic, water, sewer, trash pick-up, refuse removal, telephone, internet and other services. Tenant sha ll have the privilege, at its expense , to access the water, storm water management, electri ca l, and phone utility service faci lities during the term of this Lease. Should Tenant's operations require add itional serv ice facilities , Tenant shall, at its expense, extend such faci lities to the Prem ise s and pay the cost for all l abor and materials. Nothing herein shall obl igate Authority to provide any uti l ity to Tenant that is not prese ntly ava ilabl e to the Prem ises. B. Taxes and Fees . Tenant shall pay when due all val id taxes , spec ial assessments, excises, l icense fees and permit fees of whatever nature appl icable to its operation or lev ied or assessed against the Premises, or improvements there to. Tena nt shall obtain and keep cu rrent all licenses, permits and ce rtificates (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, leaseho ld interest, or ren tal payments become subj ect to any fede ral , state or local property, sales, excise or other tax, Tenant agrees to assume the payment of such taxes and , if applicable, to include suc h payments with the rental payments requ ired hereunder; provided , however, that Tenant shall in no circumstances by obligated to pay any taxes based on the net income of Authority. Tenant further agrees not to permit any such taxes, excise, or licens e fees to become delinquent. 23. S IGNS. Tenant agrees t hat it will not allow any signs, cards or placards to be posted or placed on the Premises except signs acceptabl e to the Authority. A l l sig ns sha ll be app rove d by the Authority in advance , and shall conform with all Col l ier County ordinances , and sha ll not extend above or beyond the wa l ls and roofs of the buildings con structed on the Premises. Upon expi ration of this Lease, Tenant shall remove all signs at the direction of Authority. 24. ASSIGNMENT, SUBLEASE, SALE AND ENCUMBRANCE. A. Notice to the Authoritv. Shou ld the Tenant intend to ass ign this Lease , sublet the Premises or a portion thereof, sell , encumber or otherwise transfer its interest in this Lease, the Prem ises , or in any impro vements thereon , or allow any other pe rsons or en tities (except Tenant 's authori zed representatives) to occupy or use all or any part of the Premises, it shal l first provide thirty (30) days written notice and request for consent for such al ienat ion to the Authority prior to the date intended for the assignment of this Lease , sublease, sa le, enc um brance , transfer, occupancy or use. Any such ass ig nm ent, sub lease, sale , encumbrance, transfer, occupancy , or use shal l not be permitted without the Authority's prior written consent; provided , however, that adequate security and g uarantees of t he obligations under this Lease, as deemed appropriate in the sole and absolute discretion of the Authority, are provided, executed , and delivered. Fu rth er, the Authority may cond ition its consent upon an inc rease in the Lease renta l rate and may requ i re any other requirements, condit ions, o r covenants before consent ing to any such assignment, sublease, sale, encumb rance, transfer, occupancy, or use. Any ass ignment of th i s L ease , sublease, sale , encumbrance, transfer, occupancy or use by Tenant is voidable and , at the Authori ty's e lection, co nst itutes a default of this Lease if not accompl ished in accorda nce w ith this Section. Further, the consent by the Authority to any assignment of th is L ease , sub l ease , sa le, encumbrance, transfe r, occupancy, or use does not const itute a further waiver of the provisions under t his -17 - Page 5208 of 6526 t 6 G 2 Lease. The Authority shall have the absolute right to review all sublease and condominium sale agreements, which sha ll incorporate and include the Airport Lease Manua l and all Authority po l icies, rules , and regulations , and all the same conditions that Tenant owes to the Authority in this Lease. On an annual basi s commencing upon the Effective Date of this Lease and to be updated as new subtenants or condominium unit owners take occupancy in the hangars constructed by Tenant, the Tenant shall provide the Airports Manager with a listing of all Tenant 's subtenants and condomini um unit owners, including all contact information (names , addresses , telephone numbers) a long with a based aircraft report; which information the Authority shall control and uti l ize for purposes of site access, emergencies and such other similar needs. B. Grant of Right of First Refusa l to the Authority: Notwithstanding the foregoing, in the event Tenant intends to assign this L ease , sublet the Premises or a portion thereof, sell or otherwise transfer its interest in this Lease, the Premises or in any improvements thereon , Tenant shall first offer to assign , sublet, se ll or transfer such interest to the Authority under the same terms and conditions offered to the proposed assignee, subtenant, purchaser or transferee , in writing, sixty (60) days prior to the date intended for such assignment, sublease , sale or transfer. The Authority shall have forty-five (45) days from receipt of the aforementioned written offer from Tenant within which to exercise its right of first refusal, in wri ting, or it shall be deemed to have been waived by the Authority. The assignment of this Lease by the Tenant to the condominium association that operates and manages the condominium , and individual unit sales of the condominium units, shall not be deemed an assignment that is prohibited by this Lease or that triggers the Authority 's right of first refusal under this Section 248. Failure of Tenant to comply with the foregoing sha ll be deemed a default under Section 24 of this Lease. C. Exception: The subleasing of storage space to aircratt owners or operators for the storage of their aircraft on the Prem i se s and/or the sub l easing of office space on the Premises sha ll not be subject to t he 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 t he 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 i n excess of the authority of the Airports Manager of the Authority are subject to the review and additional prior approval of the Autho rity (and such approval may be conditioned upon such requ i rements, 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 , subl ease, sale , encumbrance , transfer, occupancy, or use shall include the followi ng information and documents: (I) The name and address of the proposed assignee , subtenant, purchaser, mortgagee/lender/l ienholder, transferee occupant or user; (2) The nature of the proposed assignee's , subtenant 's, purchaser's, mortgagee/lender/lienholder's, transferee 's, occupant 's or user 's business to be carried out on the Premises; (3) Each of the tenns and provisions of the proposed assignment , sublease, sale, -18 - Page 5209 of 6526 t 6 G 2 encumbrance, transfer, occupancy, or use, including w ithout limitation, the full consideration for the assignment, sublease , sa le, encumbrance, transfer, occupancy or use ; and (4) Such other in formation and documentation as deemed appropriate in the sole and abso lute discretion of the Airports Manager of the Authority. E. Assignment of Rent Due. Tenant has th e right to assig n, sublease or transfer, or allow othe rs 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 defaul t or otherwise v io l ates any terms or conditions of this Lease, and fails to cure the default or violation within ten ( I 0) day s of receiving written notice from the Authority, Tenant and such assignee, subtenant or transferee (or occupant or user) immediately and irrevocably ass igns to the Authority, as security for the obligations under this Lease , all rent from any assignment, sub letting 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 applicat ion, may collect the rent, and app ly it toward Tenant's obligations under this Lease. F. Assignment Relieves Tenant. Upon a valid ass i gnment of this Lease approved in writing by the Authority, but not upon a sublease, encumbrance or other transfer, the Tenant may, at the sole discretion and written consent of the Authority, be relieved of all obligations and liabilities arising from this Lease effective as of the date of such assignment. G. Assignment by Authority. Authority may assign, hypothecate, mortgage, pledge or otherwise encumber its in terest in this Lease and may empl oy outside management serv ices for lease adm inistration to th e extent allowable by law. 25. INDEMNIFICATION AN D 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 Commiss ioners , 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, cla ims, demands, and judgments of every kind and nature , including, without limitation, attorneys' fees and expenses of defense (throug h all appeals), arising out of or in connection with: A. any act, error or omission of Tenant or Tenant's personnel , employees, subtenants, agents , supp l iers, subcontractors, licensees, invitees or trespassers; B. the performance of this Lease; C. the failure to fulfill any obligations of Tenant under this Lease; and D. the use and possession of the Premises. The Authority shall select its own counsel and Tenant sha ll reimburse the Authority for all reasonable attorneys' fees and co sts. -19 - Page 5210 of 6526 16G2 The indemnification obligations und er this Section shall su rv ive the Le ase termination. T hi s Sect ion shall also pertain to any c laims brought aga inst th e Co llier County Board of County Commi ss ione rs, the Authority and the Authority's past and present commiss ioners, officers, employees , agents, insurers, attorneys, representatives, successo rs, and ass igns , in both their individual and representative capac ities, by Tenant, any of Tenant's personnel , empl oyees, age nt s, supp l iers , su bcontractors, licensees , invitees or trespassers and anyone c laiming by or through Tenant. Tena nt's ob l igatio ns under this Sect ion shall not be limited i n any way by Tenant's l imits of, or lack of, suffic ient insuran ce protection. 26. INSURANCE REQUIREMENTS. A. I nsurance Coverage. (1) Property Insu rance -Tenant agrees to secure and maintain in force at its expense , a property insurance po l icy to include "Special Form " coverage , includin g Windsto rm , Flood, Vandalism , and Malicious Misc hief cove ring t he Premise s Building and Real Property and all improvements thereon and Perso nal Prope r ty/Contents thereof for full replacement value. If F lood Insuran ce is not avai lable with in the Property coverage, and the Improvemen ts on t he Premises are located w ith in a Spec ial Flood Hazard Area, then coverage sha l l be purchased from the Nati onal Flood I nsurance Program (NFIP). Tenan t is re spo nsible for any deductibles. (2) General Liability I nsurance -Tenant ag rees to sec ure and maintain genera l liabi lity insurance and/or av iation liab ility insurance covering Tenant 's activ ities, i ts use of the Premises , its operations at and use of the hangar including any aircraft sto red on the Prem ises and or on any other part of the A irport, inc l uding liability under the indemnities required herein. T he General L iab ility Insurance policy shal l have coverage limitations providing no less than $1 ,000,000 per uu;urrence/$2,000 ,000 aggregate. Coverage will extend to any vehicles o r equipment that are not I i ce nsed for road use. Tenan t is respons ible fo r any ded uctib les. See Exhi bit "D," attached . (3) Automobile Liability Insurance -If Tenant's operat ions utilize road- licensed vehicl es located on the A irpor t, al l suc h veh i c les sha ll be insured fo r a minimum of $1,000 ,000 per occurrence. (4) Builder's Risk Insurance -At all times during the const ruction of any improve men ts on the Premises, Tenant agrees to secure and maintain builder's ri sk insurance covering co ntractor's labor, materials and eq ui pment to be used for comp letion of the work performed aga inst all ri sks of direct physical loss, exc luding earthquake and flood, for an amount eq ual to t he ful l cost of the improvements. Tenant is re spo nsible for any deductibles. B. Changes in Policy. Tenant shall provide Authority w ith notice of any proposed change to any insurance coverage. The Authority maintains th e right to reject a proposed change in T enant's insurance coverage or in surer, and in the event ofa po licy cance l lation, the Tenant is requ ired to obtain sat isfactory successor insu rance without lapse. If such provision is not available on the insurance policies, Tenant is req uired to notify Autho rity th i rty (30) days prior to the po l icy ca nce llation , non - renewal or material change in coverage. C . Evidence of Insurance. Tenan t shal l sec ure and deliver annua l ly to Authority app ropri ate insu rance certificates showing ev id ence of coverage as required hereu nder. Tena nt shal l file with the Authority a duly executed original certificate of insurance ev idenci ng that th e insurance req uired by th is Lease i s extended . Authori ty has the right to request copies of any policies requ ired under this -20 - Page 5211 of 6526 t6 G2 Section. D. Form of Policies. A ll policies of insurance required under this Section must be in a standard form and written by qualified insurance companies satisfactory to the Authority. Insurance carriers must maintain throughout the term of this contract an AM Best rating of A-VII or better. All provisions set forth herein must be verified on the required Evidence/Certificates of Insurance. (I) Certificate Holder, Additional Insured, and Loss Payee shall be listed as: "Collier County Airport Authority," at its address, 2005 Mainsail Drive, Su ite l , Naples, Florida 34114. (2) All insurance policies sha ll contain a clause or endorsement by which the insurance carrier waives all rights of subrogation against Authority, except where the Authority or i ts agents are liabl e for a specific act of gross negligence. Evidence of the Waiver of Subrogation shall appear on the Evidence/Certificate of Insurance. (3) General/Aviation Liability po l icy(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) sha ll name the ·'Co ll ier County Airpo1t Authority," as Loss Payee for its interest in the Premises. Evidence of that provision shall appear on the Evidence of Property Insurance form or similar Certificate of Insurance. (5) All insurance policies shall prov ide 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) A l l of Tenant's required insurance policies shall be primary and non- contributory insurance to the Authority's. Such provision sha l l appear on the Ev i dence/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 min i mum requirements. Authority reserves the right to require any other reasonable insurance coverage which the Authority deems necessary depending upon the risk of loss and exposure to liabil ity. E. Notice. Tenant shall give the Authority prompt and timely written notice of any claim made o r suit instituted of which Tenant is aware that i n any way direct ly, indirectly, contingently, or otherwise affects or might affect the Authority, and the Authority shall have the right to parti cipate in the defense of the claim to the extent of its interest. F. Lapse of Insurance Coverage. If Tenant shall fai l to maintain insurance coverage as req u ired, then the Authority may, but is not obligated to, obtai n same and add the cost of such insurance to next due lease renta l payment. If the Authori ty does so , it may charge interest thereon at the rate of 18.0 % per annum , or at the max i mum interest rate permitted by law in the State of Florida, whichever is greater, provided, however, that this provision shall not be construed to create an obligation for Tenant to pay a usurious rate of interest to the Authority , from the time of payment, which shall be -2 1 - Page 5212 of 6526 t6 G2 · 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 basi s throughout the term of this L ease all the Tenant's insurance requirements hereunder, including, without limitation, the types and form of insurance coverage required and the minimum amounts of each such required insurance coverage. The Authority will provide not less than thirty (30) days prior written notice to Tenant of any modifications to the insurance requirements hereunder. 27. ACCESS TO PREMISES. Tenant agrees to allow the Airports Manager, and other duly authorized representative or agents of the Authority, access at all reasonable times to the Premises to examine or inspec t 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. Persona l 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 sha l l be accomplished no later than the termination or expiration date of this Lease. Electr ical and plumbing facilities, air conditioners and other permanently installed fixtures shall not be considered personal property. Tenant agrees to repair any damage occasioned by the removal of its personal prope11y 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 repa i rs to restore the Prem ises, at Tenant 's expense. B. Title to Improvements. Tenant acknowledges that at the expiration , cancellation , or other earlier termination of this Lease , all build i ngs and improvements on the Prem ises become the property of the Authority, free and clear of al I liab i lity and encumbrances, and any further occupancy by the Tenant wil l be based on that ownership principle. Tenant further acknowledges that the Authori ty may choose to use the Premises for its own purposes and elect not to re-lease the Premises to any other party. C. Fai lure to Surrender Premises. If Tenant fails to surrender the Premises to the Authori ty on expiration , or after termination or cance l lation 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 li mitation, c laims 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 regard less 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 ear l ier termination of this Agreement unti l it is determined by final j udgment that an action against the Authority or an indemnified party for the matter indemnified hereunder is fully and finally ba1Ted by the applicable statute of limitations. -22 - Page 5213 of 6526 t 6 G 2 29. DEFAULT. Lease: Each of the following shall constitute an event of default on the part of Tenant under this A. Nonpayment. Failure of Tenant to pay when due any insta llment of the lease rental payment hereund er or interest on a late lease renta l payment, or failure of Tenant to pay when due any taxes, fees, fines , charges, special assessments or other amounts due under this Lease, if such failure continues and is not fully cured within ten (JO) days after written notification to Tenant of such fai lure; 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 th e Authority; C . Other Obligations. Failure of Tenant to perform any non-monetary obligation, agreement or covenant und er thi s Lease , if such failure continues and i s not fully cured within thirty (30) days after written notification to Tenant of such failure; D. Violation of Law. The violation by Te nant of any loca l, State or federal aviation law, order, statute, ordinance (including any reso lution of the Authority), if such violation continues and is not fully cured within ten (I 0) days after written notification to Tenant of suc h v iolation; E. Violation of Rules and Regulations. An infraction or violation of the Authority 's Lease M anual or Rules and Re g ulations having con ti n ued beyond the cure period set out in the written notice by the Authority to the Tenant of such infraction or violation. The permissible cure period shall be determined by th e Authority in its sole absolute discreti on on a case-by-case basis, depending on the se riou sness of the infraction or violati on. F. Bankruptcy. The filing of any voluntary petition in bankruptcy by Tenant , or the filing of any involuntary petition by Tenant's creditors, wh ich remains undi scharged for a period of thirty (30) days. In th e event that und er applicable law the truste e i n bankruptcy or Tenant has the right to affirm this Lease and continue to perform th e obligations of Tenant hereunder, such trustee or Tenant shall, in such time period as ma y be permitted by the bankruptcy court having jurisdiction, cure all defaults of Tenant hereunder outstanding as of the date of the affirmance of this Lease and provide to Authority such adequate assurances as may be necessary to ensure Authority of the continued performance of all of Tenant's obl igations under this Lease (and, further, the Authority sha ll rece ive all the protections ava i lable to creditors under the Un i ted States Bankruptcy Code including, but not limited to, Sect ion 365 thereof, as amended from time to time); G. Receivership. The appointment of a rece iver to take possession of substantially all the Tenant's assets or the Premises, if such receivership remain s undi sso lved for a period of one hundred eighty ( 180) days after creat ion thereof; H. Attachment. The attachment, execution or other judicial seizure of th is Lease or all or a part of Tenant 's assets located at the Premi ses, if such attac hment or other se izu re remains undismissed or undischarged for a period often (10) days after th e levy thereof; I. Inso lvency. The admiss ion by T enant in writing of its inability to pay its debts as they become due, the fi ling by Tenant of a petition seeking any reorgan ization, arrangement, composition , readjustment , liq uidation, dissol ution 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 al legation of a petition filed aga inst Tenant in any such proceeding or, if within th irty (30) days after the -23 - Page 5214 of 6526 16G2 commencement of any proceeding against Tenant seeking any reorganization , arran gement, compos i tion, readjustment, liquidation , dissolution or simi lar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed; and J. Pollutants. Any release by Tenant of pol lutants, contaminants, or hazardous materials on or from the Premises. 30. AUTHORITY'S REMEDIES The fol lowing shall constitute the Authority's remedies upon the occurrence of any event of default set forth in Section 29 herein (provided, however, the following remedies are not exclusive; they are c umulative and in addition to any other remedies now or hereafter allowed by law or equity): A. Termi nation. If an event of defau lt under this Lease occurs, the A uthority shall have the absolute right, w ith or without notice or demand , to immediately term inate this Lease and recover possession of the Premises or any part t hereof and expel and remove therefrom Tenant and any other person occupying the Premises , by any lawful means, and agai n repossess and occupy the Premises without prejudice to any of the remedies that Authority may have under this Lease , or at law or equ ity by reason of Tenant's defaul t 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 contin ue in effect, and Authority may enforce all of its rights and remedies unde r this Lease, including, w ith out l imitation, the right to recover l ease rental as it becomes due hereunder; and the Aut hority, without terminating this Lease, may exerc ise all of the rights and remedies ofa land l ord under the laws of the Sta te of Florida. Acts of maintenance or preservation, efforts to lease the Premises , or the appo intment of receiver upon app lication of th e Authority to protect A uthority's interest under this Lease sha ll not constitute an ele ct ion to terminate Tenant's right to possession. C. Damages Upon Termination. Shou ld the Authority terminate Tenant's right to possession or terminate this Lease , the Autho rity shall have all the rights and remedies of a l and lord i n add ition to governmental police power, all as provided by the laws of the State of Flo rida. At its option, the Authority may recover possession of the Premises and lease it to another tenant, reimburse itself for any expenses , and apply whatever net rent is derived from t hi s transaction in reduction of the amounts due the Authority from Tenant in rents and other charges . Such re-leasing activ ity will be at the Authority's option, and the Authority has no duty to exercise this option, but if the Authority does, such activ ity w ill not wa i ve or release Tenant from its obl igation to pay lease rental under this Lease. Upon terminati on of Tenant's right to possession or of this Lease, in addition to any other rights and remedies to wh ich the Authority may be entitled under appl icable law, Authority shal l be ent itled to recover from Tenant: (I) the amount at the ti me of awa rd of the unpa id renta l amount and other amounts w hich had accrued at the time of te rmination; (2) an amount equal to th e amount by which the unpaid rental amount that would have been earned after termination until the time of award exceeds the amount of such ren t 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 suc h rent loss that the Tenan t proves could be reasonably avoided; and -24 - Page 5215 of 6526 t6G2 (4) any other amount necessary to compensate the Authority for all the economic losses proximately or consequential ly caused to the Author ity by Tenant's fai lure to perform its ob ligat ions under t hi s Lease. The amounts referred to in (I) and (2) sha ll be co mputed with interest at the rate of eighteen percent (18%) per annum or the maximum interest rate permitted by law in the State of Florida, wh i chever is greate r, provided, however, that this provision sha l l not be construed to create an obl igatio n for Tenant to pay a usurious rate of interest to the Authority. The amount referred to in (3) shall be computed by reference to compet ent ap praisal evidence of the formula prescribed by and using the lowest discount rate permitted under app l icable law. 31. DESTRUCTION AND RESTORATION OF PREMISES. In the event that the Premises or the improvements located thereon sha ll be destroyed in whole or in part by fire, hurricane, flood or other Cflsualty, then the following w il l app ly: A. If the Premises are partia l ly destroyed and the damage does not exceed fifty percent (50%) of the va l ue of the structure and improvements , the Premises shall be rebuilt utilizing insurance proceeds , and the lease rental payment described in Section 5 shall abate during the period of reconstruction but in no event in excess of six (6) months from the date of the partial destruction; and B. If the damage to the Premises exceeds fifty percent (50%), the Tenant sha ll have the option to rebu ild an equivalent structure using the insurance proceeds to pay for the reconstruction cost. I f the Tenant elects to rebuild, it is obligated to commence construction with in si x (6) months from the date of the destruction and to comp lete construction w ithin eighteen ( 18) months after the date of destruction. The lease rental shall abate during the period of reconstruction but in no event sha ll abate in excess of six (6) months from the date of commencement of reconstruction , or Tenant will have t he option to terminate this L ease in wh ich case Authority w ill retain the insurance proceeds as liquidated damages. I n any event, Tenant shall comply w ith th e requirements of Sections 12, 13 and 14 above. 32. AIRPORT DEVELOPMENT. Tenant agrees that Authority may develop or improve the fac i l ities at the Airport as it deems adv isab le, regardless of the interests of the Tenant, and witho ut interference o r hindrance from Te nant. 33. ATTORNEYS' FEES. T he prevailing party sha ll recover the attorneys' fees and costs incurred to enforce any provision of this Lease including all costs of collection . Attorneys' costs and expe nses recoverable shall include all out-of-pocket expenses and sha ll not be li mited by the Florida Statewid e Uniform Guidelines for Taxation of Costs in Civil Actions. 34. RIGHT OF F LIGHT OPERATIONS. Tenant acknowledges and agrees that the Authority reserves for itse lf, its successors and assigns, for the use and benefit of the publ ic, a right of flight for the passage of ai rcraft in the airspace above the surface of the Premises, together with the right to cause in the airspace such noise as may be -25 - Page 5216 of 6526 t 6 G 2 inherent in the operation of aircraft, now known or hereafter used , for navigation of or night in the airspace, and for use of the airspace for landing on , taking off from, maneuvering, or operati ng on the Airport. Tenant's use and enjoym ent of the Premises is subject to such noise and such other disturbance as may be inherent in such operations. 35. AIRCRAFT HAZA RD S. A. Self-Help by Authority. Tenant acknowledges and agrees that the Authority reserves the right to take any action it con siders necessary to protect the aerial approaches of the Airport aga i nst obstruction, together with the right to prevent Tenant from erecting, or permitting to be erected , any building or other structure on or adjacent to the Airport which, in the opinion of the Authori ty, would limit the usefulness of the Airport or constitute a hazard to aircraft. 8. Navigational Aids. The Authority reserves the right during the Lease Tenn , any renewal thereof, or any extension, to install air navigationa l aids i ncl uding lighting, in, under and across the Prem ises , at the Authority 's expen se. The Authority agrees to g ive Tenant no less than ninety (90) days ' notice of its intention to instal l the air navigationa l aids. 36. OBSTRUCTIONS. Tenant expressly agree s for itself, its successors , and assigns , to restrict the height of structures, objects of natural growth and other obstructions on the Prem ises to such height as to comply with Federal Aviation Regulations , Part 77. 37. CONDEMNATION. A. Lease Termination. If, at any time during the t erm 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 sha l I terminate and expi re on th e date of such event and the lease rental and other charges payable hereunder shall be apporti oned and paid to the date of such event. For purposes of this Section, "substantially all of the Premises" shall be deemed to have been taken if the remaining portion of property cannot be practically and economically used or converted for use by Tenant for the purpose permitted by this Lease. B. Compensation. Nothing herein shall wa i ve any right that Authority or Tenant may have concerning any rights to be compensated for the appropriation or taking of property or rights by condemnation. 3 8. NONDISCRIM INATION The Tenant, for itself, its officers, succe ssors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that in the event the i mprovements on the Premises are operated fo r a purpose for which a Department of Transpo1tation ("DOT") program or activity is extended or for ano ther purpose involving the provision of similar services or benefits, the Tenant shall mai ntain and operate such facilities and services in compliance with a ll other re q uirements imposed pursuant to 49 CFR Part 21 , Nondiscrimination in Federally-assisted Prog rams of the DOT , and as those regulations may be amended. -26 - Page 5217 of 6526 I 6 G 2 The Tenan t for itself, its officers, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and ag ree that: (i) no person on condition of race, co l or, or national orig in, sha ll be exc luded from participation in, denied the benefits of, or be otherw ise subjected to discrimination in the use of the Premises , (ii) in the construction or alteration of any improveme nts on or ove r the Premises and the furnishing of se rvices thereon, no person on the g rounds of race, color, or national o ri g in, sha ll be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (iii) the Tenant shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nond isc rimination in Fede rally-ass isted Programs of the DOT, and as those regulations may be amended. 39. GOVERNING LAW. This Lease shall be governed by and interpreted acco rding to th e laws of the State of Fl orida. Any litigation invo lv ing this Lease, or the use and occupancy of the Premises, sha ll be filed and litigated in Co llier County, Fl orida, in a non-jury proceeding. Tenant hereby waives and releases any right it has or may ha ve to a trial by jury of any issue. 40. BINDING EFFECT. This Lease sha ll be binding upon and inure to the benefit of the Parties hereto and their successors and such assigns as may be approved by t he Authori ty. T hi s refe rence does not authorize an assignment ur :;ublt:Lt ing by Tenant that is incons istent w ith the restrictions on ass ignments and subletting, stated heretofore. -27 - Page 5218 of 6526 16G2 41. REME DIES CUMULATIVE NO WAIV ER. A. Cumulative Rights. The rights and remedies granted to Authori ty hereunder shall be deemed to be cumulative and non-exclusive. The fai lure by Authority at any time to assert any such right or remedy shal I 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 Authori ty may, at its exclusive option, accept partial or late lease rental payments from Tenant, w ithout waiving any rights concern ing collection of the full amoun t due, and without waiving the Tenant's default for non-payment. Authority may simultaneously accept partial payments due hereunder and st il I proceed to dispossess T enant and/or terminate this Lease or its right to occupy the Prem ises. Nothing in this provision shall excuse Tenant from making timely payments as they are due. 42. NOTICE TO PARTIES. It i s 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 const itute proper and sufficient notice if sent to the places designated in Section 1 or at suc h other address as either party may designate to the other by notice in "vriting. 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, wh ich shall remain in force and be binding as though such unenforceable provision had not been included , unless the Authority in the reasonable exercise of its discretion determines that the provision found to be unenforceable goes to the essence of the Lease and its absence renders the Lease defective, then this Lease sha ll terminate and be ofno further force or effect. 44. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the Parties hereto, supersedes all prior written or oral agreements or understandings, and may be modified only by a writing executed by the Parties hereto. 45. DOMINANT AGREEMENTS. Tenant hereby covenants and agrees that all of Tenant's rights and privileges under this Lease are subject and subordinate to any and all rights, liens, licenses , leases, tenancies, mortgages, uses, encumbrances and other restrictions which may now or hereafter bind the Authority or encumber the Airport (or any part of the Premises), and to all renewals, modifications and extens ions thereof. Without limiting the generality of the foregoing, Tenant expressly understands and ag rees that t his L ease is subord inate and subject to the Lease Manual, Rules and Regulations , and any and all lending, bonding or ce rtificate of participation, and any and al l agreements between th e Authority and the FAA, State of Florida, Collier County or other governmental entity or agency , whether presently existing or hereinafte r created. During times of war or national emergency, the Authority shall have th e right to lease the landing area or any part thereof to the United States Government for military or naval or similar use, and , i f such lease is executed , the provisions of this Lease insofar as they are inconsistent with the provisions of the lease to the United States Government, shall be suspended. Any executed lease, including this one, -28 - Page 5219 of 6526 16 G 2 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 Sect ion 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 t hat exceed federal and State guidelines have been found in bui ldings in Florida. Additional information regarding radon and radon testing may be obtained from the Collier County Public Hea lth Unit. 47. HEADINGS. The Section headings are included i n this Lease for reference purposes only and shall not be employed to interpret or to construe this Lease. 48. AUTH ORIZ ATIO N. Each entity executing this Lease warrants and covenants th at this Lease and its execution has been duly authorized and approved by its respective governing board or authorized agents. 49. AMENDMENT. This Lease shal l not be altered, changed , or amended except by instrument in writing executed by the Authority and the Tenant. 50. FAA RE QUIRED C ONT RACT PROVISIO NS. A. Civil Rights -General. The Tenant and its transferee agree to comp ly with pertinent statutes, Executive Orders, and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excl uded from pa11icipating in any activity conducted with or benefiting from Federal assistance. This provision obligates the Tenant or its transferee for the period during which Federa l assistance is extended to the Authority through the A irport Improvement Program. I n cases where Fede ral assistance provides, or is in the form of personal property; real property or interest there i n; 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 Federa l assistance is extended , or for another purpose involving the provision of similar services or benefits; or (b) the period duri ng which the Authority or any transferee retains ownership or possession of the property. B. Civil Rights -Title VI Assurances -Compliance with Nondiscriminati on Requirements . During the performance of this Lease, Tenant, for itself, its assignees , and successors in interest agrees as follows: -29 - Page 5220 of 6526 l6G2 (I) Compliance with Regulations: The Tenant (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by refere nce and made a part of this contract. (2) Non-discrimination: The Tenant, with regard to the work perform ed by it during thi s Lease, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, includi ng procurements of mater ials and leases of equipment. The Tenant will not participate direc tly or indirec tly in th e di sc rimination prohibited by the Nond iscr i mination Acts and Authorities, including employment practices when the contract cove rs any activity, project, or program se t forth in Appendix B of 49 CFR part 2 1. (3) Solicitations for Subcontracts, Including Procurements of Materi als and Equipment: In all so licitations. either by competitive bidding, or negotiation made by the Tenant for work to be performed under a subco ntract, including procurement s of materials, or lea ses of equipment, each potential subcont ractor or supp l ier will be notified by t he Tenan t of the Tena nt's ob l igat ions under this Lea se and the Nondiscrimination Acts And Authorities on th e grounds of race, color, or national origin. (4) Information and Reports: The Tenant will provide all informati on and reports required by the Acts, the Regulations. and directives issued pursuant thereto and will permit access to its books, records, accounts, other sou rces 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 Nond iscriminati on Acts and Authorities and instruc t ions. Where any i nformation required of a Tenant is in the exclusive po ssess ion of another who fa i ls or refuses to furnish the information, th e Tenant will so ce rtify to the Authority or the Federal Aviation Administration, as appropriate. and wil l set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of Tenant's noncompliance with th e Non-discrimination provisions of this Lease, the Authority will impose such contract sanctions as it or th e Federal Aviation Administration may determine to be appropriate, including, but not limited to: (a) wit hhold i ng any payments to the Tena nt und er th i s Leas e unti l the Tenan t comp lies; and/or (b) cance lling, terminating, or suspending this Lease, i n whole or in part. (6) Incorporation of Provi sions: The Tenant w ill include the provisions of Subsect ion s 50.B.( I ) through (6) in every subcontract, including procurement s of mate r ial s and leases of equ i pment, unless exempt by t he Acts, the Regulations and directives iss ued pursuant thereto. The Tenant will take action with respect to any subcontract or procurement as th e Authority or the Federa l Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompl iance. Provided, that i f the Tenant becomes involved in, or is threatened w ith l itigation by a subcontractor, or supplier because of such direction, the Tenant may request the Authority to enter into any litigation to protect the interes ts of the Authority. In addition, the Tenant may request the United States to enter into th e litigation to protect the interests of th e Un ited States. C. Transfer of Real Property Acquired or Improved Under t he Activity, Faci lity, or Program. (I) Tenant for i ts/h is/her heirs, perso nal represe ntatives, successors in interest, and assigns, as a part of the cons ideration hereo f, does hereby covenant and agree (as a covenant runnin g with the land during the term of t hi s Lease) that : -30 - Page 5221 of 6526 t6G2 (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 compl iance with all requirements imposed by the Nondiscrimination Acts and Regulations listed i n 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, perm its, etc., in the event of breach of any of the above Nondiscrim ination covenants , the Authority will have the right to terminate the lice nses, leases , permits, etc. and this Lease and to enter, re-enter , and repossess sa id lands and facil ities thereon , and hold the same as if the licenses, leases , permits, etc. and this Lease had never been made or issued . D. Construction/Use/Access to Real Property Acqu ired Under the Activity, Facility or Program. (1) Tenant for itself/himsel f/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 orig i n, 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, den ied the benefits of, or otherwise be subjected to discrimination, and (c) that Tenant will use the premises in compliance w i th all other requirements imposed by or pursuant to the List of discrimination Acts And Authorities. (2) In the event of breach of any of the above nondiscrimination covenants, the Authority will have the right to terminate the licenses , leases , permits, etc. and this Lease and to enter or re-enter and repossess said land and the faci lities 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 pe r formance of this Lease, Tenant, for itself, its assignees , and successors in interest, agrees to comply w ith the following non-discrimination statutes and authorities, i ncluding but not limited to: Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race , color, national origin); • 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department ofTranspo1tation-Effectuation of Title V I of The Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisiti on Policies Act of 1970, ( 42 U.S .C. § 460 I), (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 amen ded, (proh ibits discrimination on the basis of disability); and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended , (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); -3 1 - Page 5222 of 6526 I 6 G 2 Airport and Air way Improvement Act of 1982, (49 USC§ 471, section 47123), as amended , (prohibits discrimination based on race, creed , co l o r, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL I 00-209), (Broadened the scope, coverage and app licabi lity of Title VI of the Civil Rights Act of I 964, The Age Discrimination Act of 1975 and sect ion 504 of the Rehabilitation Act of 1973 , by expanding the definition of the terms "programs or activities" to include all of th e programs or activities of the Federal-aid recipients, sub- recipients and contractors , w hether such programs or activities are Federally funded or not); Titles II and Ill of t he Americans with Disabilities Act of 1990, which prohibi t discrimination on the basis of disability in the operation of public entities , public and private transportation systems, places of pub lic accommodation, and certain testing entities (42 U.S.C. §§ 1213 1 -12189) as implemented by Department of Transportation regu l ations at 49 CFR parts 37 and 38; T he Federa l Aviation Administration 's Non-discrimination statute (49 U.S.C . § 4 7123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Acti ons to Address Environmental Justice in Minority Populations and Low-Income Populations, wh ich ensures non-discrimination against minority populations by discouraging programs , policies, and activities with di sproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improv ing Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination in cludes discrimination because of limited English proficiency (LEP). To ensure compliance with T itle V I, you must take reasonable steps to ensure that LEP person s have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of I 972 , as amended , which prohibits you from discrim i nating because of sex in education programs or activities (20 U.S.C. 168 1 et seq). F. Federal Fair Labor Standards Act. Al I contracts and subcontracts that result from this sol ic itation (including thi s Lease) incorporate by reference the provisions of 29 CFR part 201 , th1:: Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay , recordkeeping, and child labor standards for full and part time workers. Tenant has fu ll responsibility to monitor compliance to the referenced statute or regu lation. Tenant must address any claims or disputes that arise from this requirement directly with the U .S. Department of Labor -Wage and Hour Division. G. Occupational Safety and Health Act. All contracts and subcontracts that resu l t from this solicitation (including this Lease) incorporate by reference the requirements of 29 CFR Part 19 10 with the same force and effect as if given in ful I text. Tenant must provide a work environment that i s free from recognized hazards that may cause death or serious physical harm to the employee. Tenant retains full responsibi lity to monitor its compliance and their subcontractor 's compliance w i th the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CF R Part 1910). Tenant must address any claims or disputes that pertain to a referenced requirement d i rectl y with the U.S. Department of Labor -Occupational Safety and H ea lth Administration. 5 1. FLORIDA PUBLIC RECORDS LAW S. A. IF TENANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES , TO TENANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS LEASE, CONTACT THE AUTHORITY'S CUSTODIAN OF PUBLIC RECORDS AT -32 - Page 5223 of 6526 I 6 G 2 (239) 252-1059, marco .customerservice@colliercountyfl.gov AND/OR 2005 MAINSAIL DRIVE, NAPLES , FLORIDA 34 114. B. Tenant acknowledges and agrees that Tenant shal l be req uired to compl y with Florida's Public Records Laws, Chapter 119, Florida Statutes. Specifically, Tenant hereby covenants and agrees that it sha II: (I) keep and maintain public records req uired by the Authority to perform the services und er th is Lease; (2) upon request from the Authority 's custodian of public record s, provide the Authority with a copy of the requested records or allow the records to be inspected or cop ied with i n a reasonable time at a cost th at does not exceed the cost provided in Chapter I 19, Fl orida Statutes , or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public reco rd s disclosure req uirements are not disclosed except as authorized by law for th e duration of the term of this L ease and follow ing completion of th i s Lease if Tenant does not transfer the reco rds to the Authority; an d (4) upon completion of this Lease, t ransfer , at no cost, to the Authority all pub l ic records in possession of Tenant or keep and ma i ntain public record s required by the Authority to perform the se rv ices under this Lease. If Tenant transfe rs a ll publ ic reco rds to the Authority upon comp letion of thi s Lease, Tenant shall destroy any duplicate public reco rd s that are exempt or confidential and ex empt from public records disclosure requ irements. If Tenant keeps and maintains public records upon completion of th is Lease, T enant sha ll meet all app licable requirements for reta ining public records . All reco rd s stored electronically must be provided to the Authority, upon request from the Authority 's custod ian of public records, in a format that is compatibl e with the inform ation technology systems of the Authority. -33 - Page 5224 of 6526 t6 G2 lN WITNESS WHEREOF, the Parties have caused this Lease to be executed as of the Effective Date. ATTEST: Crystal K. Kinzel , C lerk of Courts & Comptroller TENANT: WITNESSES: Witness #I Name: Marcie Cohen AUTHORITY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY , FLORIDA, SERVING AS THE COLLIER COUNTY AIRPORT AUTHORITY By: ___ ~----~_.c_ _ ___,, __ ~--------~'- Quality Enterprises USA, Inc. e5c:.--: By: ____________ _ Print Name: LOUIS J. GAUDIO Print Title: VICE PRESIDENT -34 - Page 5225 of 6526 l 6 G 2 XH IBI T 'A [L EGAL D ESCRIPTION A D SK H] Page 5226 of 6526 POC E 1/4 CORNER SECTION 3-47-29 ----. o.n ,.,., <O (.!) o_ 0 r--- a:: 8 ~ o := ~ s:t" o"<t Mo <">CO co (/) ' ~ O'> ·o -: :-~ <X) N <X) 358.50' PARCEL A NORTH 358.50' (OR 70, PG 635) N 1°15'49" W 1625.00 1266.50' PORTION OF PARCEL E 1266.50' S 1°15'49" E 1625.00 AIRPARK BOULEVARD l/) PRO PERTY DESCRIPTION EAST LINE OF SECTION 3 N 1·49•03" W 2391 .24' LEGEND: P.O.B. POINT OF BEGINNING P.0 .C. POINT OF COMMENCEMENT OR OFFICIAL RECORDS BOOK PB PLAT BOOK PG PAGE(S} II GradyMinor A PARCEL OF LAND LYING IN SECTION 3, TOWNSH IP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CO MMENCING AT THE EAST QUARTER COR NER OF SECTION 3. TOWNSHIP 47 SOUTH, RANGE 29 EAST, CO LLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 3; NORTH 01'49'03" WEST, A DISTANCE OF 2,391.24 FEET: THENCE DEPARTING SAID EAST LINE SOUTH 88'10'57" WEST, A DISTANCE OF 223.19 FEET TO THE POINT OF BEGINN ING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 88'44'11 " WEST, A DISTANCE OF 330.00 FEET; THENCE NORTH or15'49• WEST, A DISTANCE OF 1625.00 FEET; THENCE NORTH 88°44'11" EAST, A DISTANCE OF 330.00 FEET: THENCE SOUTH or 15•49• EAST, A DISTANCE OF 1625.00 FEET TO THE POINT OF BEGINNING. CONTAINING 536,250 SQUARE FEET OR 12.31 ACRES, MORE OR LESS. NOTES: 1. BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM ESTABLISHED BY THE NATIONAL GEODETIC SURVEY FOR FLORIDA EAST ZONE, 1983 DATUM WITH 1990 ADJUSTMENT OBTAINED UTILIZING RTK GPS OBSERVATIONS ON THE FOOT NETWORK ANO REFER TO THE EAST UN£ OF SECTION 3 AS BEING NORTH 01·49•03• WEST. 2. DIMENSIONS SHOWN HEREON ARE IN U.S. SURVEY FEET AND DEC IMALS THEREOF. 3. THIS SKETCH AND DESCRIPTION IS .t:!.QI VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL OR THE DIGITAL SIGNATURE ANO DIGITAL SEAL OF A LICENSED FLORIDA SURVEYOR ANO MAPPER. NO ADDITIONS OR DELETIONS TO THIS SURVEY MAP ARE PERMI TTED WITHOUT THE EXPRESSED WRITTEN CONSENT OF THE SIGNING PARTY. O. Grady Minor and AssocluLcs. l'.A. 3800 Via Del Rey Bonita Springs. Florida 34 I 34 "THIS IS NOT A SURVEY* SKETCH AND DESCRIPTION Ci vil Enginee rs • La nd Surveyo rs • Pl anners • Landsca pe Architects A PARCEL OF LAND LYING IN r.crt. or i1u1h. P.B 000515 1 r.eri. or Auth. l,B 00051fil lluslncss r.c. 26000266 UJ E7i? I I o 1 oo· 200· 400 200· SCALE : 1 " = THIS PLAN MAY HAVE BEEN ENLARGED OR REDUCED FROM INTENDED DISPLAY SCALE FOR REPRODUCTION REASONS DRAVIIN BY: 1 CHEC KED BY: T. JOB CODE: QEMI: SCALE: 1" = 2< DA T.E; 06/04/20. FILE: 20-1»si..PAACELA-E.C Bonita Springs : 239.947.1 14-l www. Gradyt,.1/nor. com Fort Myers: 239.690.4:180 SECTION 3, TOWNSHI P 47 SOUTH , RANGE 29 EAST CO LLIER COUNTY, FLORIDA Page 5227 of 6526 t6G2 Exhibit "B ' (PROPO ED HANGAR BUILDING S HEMATI ] Page 5228 of 6526 Cl" IMMOKALEE AIRPORT HANGAR PARCEL-E Q':: Q U ~LITY Cli t lf•,-•Ut• --N- IM M DEVE LOPMENT LLC g cradyil11r QUALITY ENTERPRISES USA, INC ""•"""'"' • ,_,._, ,.._. •~::,."~ Page 5229 of 6526 t6G2 Exhi bi t ·'C" [E-VER I FY ENROLLM ENT CERTIFI CATION] Page 5230 of 6526 11/10/2020 E-Verify: Employer Wizard -Company Information E-Verify Welcome Jacquelyn Horeth Company QUALITY ENTERPRISES USA, INC Company Information Company Namo QUALITY ENTERPRISES USA, INC Physical Location Addrus1 3494 Shearwafer St Address 2 City Naples Stato FL Zip Code 34117 County COLLIER Additional Information Employor ldonU0cation Number 540947002 Administrator QUALITY ENTERPRISES USA INC O rganization Doslgnatlon Employor C::itagory Federal Conlractor without FAR E-Verify Clause ! View / Edit ! NAICS Codo 238 -SPECIALTY TRADE CONTRACTORS j View/ Edit I View Original MOU Template I Company 10 Number 234219 DUNS Numb4r Malllng Address Address 1 AddrHs 2 City St.ato ZlpCodo Total Number or Employoos 100 to 499 Total Hiring SIIH 1 I Vlow/ Edit I MM-1·1 User 10 JHOR2058 :MENU Doino 8uslnou As (OSA) Name Paront Organlzatlon Tofal Points of Contact 2 I Vlew / Edit I Last Login: 1V10/2020 01:30 PM U.S. Deportment of Homotond Socurrty U.S. Citlten.s htp end lmmlgratton Sarvfces Ennblo Pounanont Tooltrps Accosslbfllty Oownlood Vlowors hllps://e-verify.usci s.gov/web/EmployerWlzard.aspx I 6 G 2 1/1 Page 5231 of 6526 t6G2 Ex hibit "D " [CERTIFI ATE OF LIABILITY I URANC ] Page 5232 of 6526 t6G2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE IMM/DD/YYYY) ~ 6/28/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF I NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTI FICATE HOL DER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFI CATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTI FICATE HOLDER. I MPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsem ent. A statement on this certificate does not confer r ights to the certificate holder In lieu of such endorsement(s). PRODUCER ~~/t'cT Marsh & Mclennan Aaencv LLC A Marsh & Mclennan Agency LLC P~JN~. e-"· 757-456-0577 I F~ No): 222 Central Park Avenue, Suite 1340 Virginia Beach VA 23462 ~t'n~~~•• certificatesralMarshMMA.com INSURERISI AFFORDING COVERAGE NAI C# INSURER A : Zurich American Insurance ComDanv 16535 INSURED tNSURCR a , Evanston Insurance Company 35378 Quality Enterprises USA , Inc. & INSURER c : Phoenix Insurance Company 25623 Quality Environment Co Inc. INSURER o : Travelers Prop & Casualtv Co of America 3494 Shearwater Street 25674 N aples FL 34117 INSURER E : Travelers Indemnity Co of America 25666 INSURER F : Ascot Insurance Companv 23752 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER IOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS CERTIFICATE MAY BE ISSU ED OR MAY PERTA IN. THE INSURANCE AFFORDED BY THE POLICI ES DESCR IBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CERTIFI CATE N UMBER · 871511624 REVISION NUMBER· INSR ADDL SUBR ,~3i'il%~1 POLICY EXP LIMITS LTR TYPE OF INSURANCE ,uon ..,,,n POLICY NU MBER lMM/00/YYYYl C X COMMERCIAL GENERAL LIABILITY y DTC07N91352APHX23 7/1/202.3 7/1/2024 EACH OCCURRENCE S 1,000.000 -D CLAI MS-MADE 0 OCCUR PREM~'eJ ~E~".::~."~ence > S300,000 ,-- ,--MED EXP (Anv one parson) S 10,000 ,--PERSONAL & ADV INJU RY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGR EGATE S2,000,000 R POLIC Y 0 ~8-r □Loe PRODUCTS -COMP/OP AGG S2,000,000 OTH ER: s E AUTOMOBILE LIABILITY 8107N672 1902326G 7/1/2023 7/1/2024 ~~"!~,rlNGLE LIMIT S 1,000,000 ,-- BODILY INJURY (Per person) s X ANY AUTO -OWNED -SCHEDULED AUTOS ONLY AUTOS 8001LV INJURY (r.,. accident) $ -HIRED X NON-OWNED rp~?:&;~~RAMAGE s X ,--AUTOS ONLY AUTOS ONLY X Comp vat1ous X Col vario<Js PIP s 10,000 aggregate D X UMBRELLA LIAB HOCCUR CUP8N00458A2326 7/1/2023 7/1/2024 EACH OCCURRENCE S 10,000,000 ~ EXCESS LIAB CLAIMS-MADE AGGREGATE S 10,000,000 OED ] X / RETENTIONS 1n M~ s A WORKERS COMPENSATION renewa l of WC:017931007 7/1/2023 7/1/2024 X I ~ifrUTE I I OTH-USL&H included ER AND EMPLOYERS' LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE ~ E.L EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEI S 1,000,000 irsM~o~ o1oPERATIONS below E.L. DISEASE • POI.ICY LIMIT S 1,000,000 B Pol1utian/Ptof Uab~ily MMAENV001943 7/1/2022 711 /2024 $2,000,000 eacl\ dalm $4,000,000 Agg re F lnsiallallon Floater IMMA23100017460 1 7/1/2023 7/1/2024 $200,000 $2.500 OED DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Addltlonal Romar~s Schedule, may be attached II moro s pace Is required) RE: For any and all work performed on behalf of Collier County Collier County Board of County Commissioners Is Additional Insured under the General Liability and auto policy with respects to work performed by the insured, as required by written contract. prior to a loss . Coverage is primary and non contributory where required by written contract or written agreement executed prior to any ·accident". in no event will this coverage extend beyond the terms and conditions of the coverage form. C ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICI ES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . Collier County Board of County Commissioners 3295 Tamiami Trail East AUTHORIZED REPRESEh'TATIVE Naples FL 341 12 (!)~ rn Go.~ I © 1988-2015 A CORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and l ogo are register ed m a rks of ACORD Page 5233 of 6526