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Resolution 1994-365 RESOLUTION NO. 94- 365 HAY 24. 1994 RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA APPROVING AND AUTHORIZING THE LEASING OF THE IMMOKALEE !\IRPORT, CONSISTIllG OF 1, ))) ACRES, MORE OR LESS, FOR TilE PURPOSE" OF DEVELOPIllG, IMPROVING, REGULATING, OPER!\TIllG, MAINTAINING AND OTHERWISE MANAGING THE IMMOKALEE AIRPORT FOR AIRPORT PURPOSES AND USES ANCILLARY THERETO. ------------------------------------------------- WHEREAS, Collier County and the Coll ier County !\irport Authority created pursuant to Collier County Ordinance No. 9)-)6 adopted by the Board of County Commissioners of Collier County, Florida I on June 22, 1993 and effective on July 6, 1993, are desirous of entering into a Lease Agreement for the Immokalee Airport, consisting of I, JJJ acres, more or less; WHEREAS, the Collier County Airport Authority reviewed and approved the Lease Agreement on May 9, 1994 at their regular monthly meeting; and WHEREAS, the Chairman of the Collier County Airport huthority executed the Lease Agreement, which is attached hereto and made a part hereof as Exhibit "A'l. NOW, THEREFORE, BE IT RESOLVED BY BOARD COUNTY THE OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The County does not require the leased property for County purposes, but the property is required by the Collier County i\irport Authority for the purposes of developing, improving, rcgulLlting, operating, maintaining and otherwise managing the Immokalcc Airport for airport purposes and uses ancillary thereto. 2. The Board of County Commissioners approves and authorizes the following: a. the leasing of the lmnokalee Airport, consisting of 1,333 acres, more or less, to the Collier County Airport Authority for the purposes stated above; b. the lease term of twenty (20) years, with an option to renew for an additional twenty (~O) y~ars, provided the Colli,~r COllnty Airport Authority is not in default of any of the terms LInd conditions of the Lease Agreement and provided that the Board of County commissioners has not repealed Call ier County Ordinance No. 9] -J 6: !nn' om '" ?'l MAY 24, 1994 c. the rent payment of Ten Dollars ($10.00) for a terT;\ of twenty (20) year for the Immokalee Airport, consisting of 1,333 acrGs, more or less; and 3. The Board of County commissioners approves, and authorizes the Chairman to execute, the Lease Agrec~ent as shown on the attached Exhibit nAil. THIS RESOLUTION adopted after motion, second and majority vote. Dated: ~/24/ ATTEST: DWIGHT E. BROCK,Clerk NTY COMMISSIONERS COUNTY, FLORIDA By: r Approved as to form and legal sufficiency: ~t~~tt~ Assistant County Attorney IQQ( 000"", 24 EXHIGIT "A" LEASE AGREEMENT HAY 24. 1994 THIS LEASE AGREEMENT, hereinafter referred to as "Agreement!!, made at Naples, Florida this day of 1994, by and between COLLIER COUNTY I a political subdivision of the state of Florida I ',..,rhosc mailing address is 3301 East Tamiami Trail, Naples, Florida 33962-4977, hereinafter referred to as "LESSOR", and the COLLIER COUNTY AIRPORT AUTHORITY. created pursuant to Collier County Ordinance No. 93-36 adopted by the Board of County Commissioners of Collier County, Florido, on June 22, 1993 and effective on July 6, 1993, whose maili,ng address is 3301 East Tamiami Trail, Naples, Florida 33962-4977, herelnafter refe,::,red to as "LESSEEII. Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Exhibit "A" Exhibit liB" Exhibit Hell ARTICLES Demised Premises Improvements Term of Lease Minimum Rent Bookkeeping and Accounting Lessee's Default in Payment; Interest on Delinquency Modification of Demised Pre~iscs Construction of Improvements Compliance ~ith Orders, Ordinunccs Repairs, utilities and Maintenance of the Demised Premises Access to Demised Premises Assignment, Merger, Subletting and Easenents Insurance Inder:mificJ.tion Default by Lessee Default by Lessor Termination by Lessee or Lessor !latices Condemnation Clause Non-Discrimination Airport Plan Implementation Surrender of Demised Premises Mechanics' Liens General provisions Environmental Concerns Operations not to Interfere or Inhibit Aviation Reimbursement Radon Gas Effective Date Miscellaneous EXHIBITS Legal Description of Immokalee Airport Collier County Ordinance tlo. 93-36, Collier County ~irport Authority ordinance Airport Rules and Regulations, provided in Collier County Resolution rIa. 90-196 WITNESSETH: WHEREAS, LESSOR has of and improvements to limits of Collier County, jurisdiction over the operation und maintenance the County-owned land within the territorial known as the Immokalee Airport: WHEREAS, the Board of County Commissioners of Collier County, Vlorida duly passed and adopted Collier County Ordinance No. 93-J6 on June 22, 1993 which became effective on July 6, 1993, and is known as the Collier County Airport Authority Ordinance (lithe Airport Authority Ordini1nce") I creating the Collier County Airport Authority I ~Nhich is attached hereto and made a part hereof as Exhibit r'B"~ WHEREAS, LESSOR and LESSEE are desirous of entering into an Agreement for the lease of the Immokalee Airport, transferring the development, improvement, regulation, operation, maintenance and management to LESSEe pursuant to the Airport Authority Ordinance; i1nd ,~_._-_._."~-,-, ...------... HAY 24, 1994 NOW, THEREFORE, in consideration of the De;oised p=emises a~d the mutual covenants contained in this Agreement, the parties hereby agrcQ as follows: Article 1. Demised premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the following described premises, together with the improvements thereon: See Exhibit HAil which is attached hereto and made a part of this Agreement, hereinafter called the "Demised Premises!' situated in the County of Collier and the State of Florida, for the purposes of developing, improving, regulating, operating, maintaining and otherHise managing said Demised Premises for airport purposes and uses ancillary thereto. LESSEE shall abide by and enforce Collier County Ordinance No. 90-29, Airport Rules and Regulations provided in Collier County Resolution No. 90-196 ("Airport Rules and Regulations"), which is attached hereto and made a part hereof as Exhibit I'C", and the Airport Authority Ordinance and any subsequent amendments thereto, successor ordinances, appl icable comprehensive plan, any land development ordinance, any regulation adopted by the LESSOR or regulations imposed by any other governmental entity having power to adopt regulations that are superior to LESSEE. All ordinances, regulations, agreements and documents rclatin~ to the development, improvement, regulation, operation, maintenance and/or management of the Demised Premises, including, but not limited to, the budget for Fiscal Year 1993/94, Airport Haster Plan or Layout Plan, Joint Participation Agreements with the Florida Department of Transportation, Lease Agreements, Deeds, Airport Licenses and miscellaneous ^irport files, shall be delivered and/or shall be assigned to the LESSEE tlpOn the effective date of the Agreement. LESSEE covenants and agrees not to use, occupy, Demised Premises or any part thereof to be used purpose contrary to law. suffer or permit said or occupied for any Article 2. Improvements The following improvements exist on the Demised Pre~ises as of the effective date of the Agreement: Demised Premises Improvements: 1. Three (3) paved runways as follows: a. Runway 9/27 which measures five thousand (5,000) fe.2t long by one hundred fifty (150) feet wide: b. Runway 18/36 which ;neasures five thousand (5,000) feet long by one hundred fifty (150) feet wide: and c. Runway 4/22 which measures five thousand (5,000) feet long by one hundred fifty (150) feet wide. 2. narrow apron south: Two (2) taxiways connecting taxiway approximately one parallel to Runway 18/36 und 9/7-7 and one. leading from Runway 36 to a small 100' by thousand two hundred fifty (1, 2:>0) fc~t (1 ) 100' due 3. Fencing intermittently located along the perimeter of the Demised Premises; 4. Airfield lighting consisting of medium intensity edge lights along Runway 9/27 and threShold/end lights at each runway end; 5. One (1) segmented circle and a lighted wind cone located bct~ccn Runway 9/27 and the parallel taxiway for Runway 9/27: 6. west of One the (1) rotating beacon and one parallel taxiway for Runway ,no, nnn ,. (1) electrical 18-36 and south ?~ Vuu: t loca ted of the road extending east from Airport Road Premises. HAY 24, 1994 in the north section of the Demisedl 7. Two (2) windcones as follows: a. One (1) 18/36 and the taxiway windcone located at the intersection parallel to Runway 18/36; and Rum.JilY of b. One (1) windcone located at the intersection of Runwuy 9/27 and the taxiway parallel to Runway 9/27. 8. And any other on the effective date which may be owned by Demised Premises. improvements which exist on the Demised Premises of the Agreement, excepting those improvements a tenant of a current lease agreement on the Article 3. Term of Lease LESSEE shall have and hold the Demised Premises for u term of t~enty (20) years, commencing on the date when this Agreement hus been upproved and executed by both LESSEE and LESSOR, and expiring t'..Jcnty (20) years after said date, unless extended pursuant to the terms of this Agreement. LESSEE is granted the option, provided it is not in default of any of the terms of this Agreement, to renew same for one (1) additional term of twenty (20) years, under the terms and conditions as provided herein, or as may be amended by mutual agreement by and between LESSOR and LESSEE, by giving written notice one (1) year prior to the e:>:piration of the: leasehold estate hereby created. If the charter of the Collier County Airport Authority i~; rcvakotl nnd the Collier County ldrport Authority is unilaterally dissal'/ccl by an ordinance adopted by the Board of County Commissioners of Collier County, Florida, pursuant to the Airport Authority Ordinance, Section Thirteen, B., this Agreement shall automatically terminate and title to the Dc~iscd Premises shall automatically transfer to the LESSOR. Article 4. Minimum Rent LESSEE hereby covenants and agrees to pay as rent for the Premises the sum of Ten ($10.00) Dollars which shall be due and on the effective date of this Agreement by LESSOR. If LESSEE is an additional term of twenty (20) years I pursuant to Article J. Agreement, then the sum of Ten ($10.00) Dollars shall be due anJ on the twenty-first (21st) anniversary date of this !\greement. Demised pi1yable granted of this payable Article S. Bookkeeping and Accounting The Clerk to the Board of County Commissioners for Collier County ("Clerk") shall serve as Clerk to the LESSEE, pursuant to Section rive, F. of the Airport Authority Ordinance, or until such time ilS the Ordinance may be amended or a successor Ordinance is adopted stipl1J.ating the replacement of said Clerk, concerning the Der.lised PrcOiIises. The Clerk shall serve as auditor, recorder and custodian of all LESSEE'S funds and shall keep such records and f i 1 e such reports as rcqu i r~d by law pertaining thereto. The LESSEE shall organize its o'o'n finilnciill records to facilitate day-to-ctay operations. The LESSEE shull provide financial records in such form and in such manner as prescribed pursuant to Chapter 218, Florida statutes, as applicable, i1nd hy thp. administrative code, or any amendments thnrcto, ~s may be ~c]optcll by tIle LESSEE and LESSOR, pursuant to the Airport Authority Ordinance. LESSEE shall be responsible by March 15th of each year to submit to the LESSOR an annual report on its activities and operations for the preceding fiscal year, including an independent financial audit, pursuant to Section Eight, C, of the Airport Authority Ordinancc, conccrning the Demised Premises. Article 6. Lessee's Default in Payment; Interest on Delinquency This Article is not applicable since it is not the intcllt o( LESSOR to default LESSEE for non-payment of rent as referenced in Article 4, of this Agreement. lOOK 000 'l'" 27 MA Y 24, I 99 Article 7. Modification of Demised Premises Any modification of the Demised Premises by LESSEE is governed by Section Seven of the Airport Authority ordinance, unless provided otherwise in the Airport Authority Ordinance or in the administrati'/e code, or any amendments thereto, adopted by the LESSEE and LESSOR pursuant to the Airport Authority Ordinance. Article 8. Construction of Improvements Any construction of improvements on the Demised Premises by LESSEE is governed by section Seven of the Airport Authority Ordin2.ncc, unless provided otherwise in the Airport Authority Ordinance or in the administrative code, O~ any amendments thereto, adopted by the LESSEE and LESSOR, pursuant to the Airport Authority Ordinance. Article 9. Compliance with Orders, Ordinances LESSEE agrees that in the use and occupancy of the Demised Premises during the term of this Agreement, it will, ......ithout cost to LESSOR, promptly comply, or will cause all persons claiming by, through or under LESSEE, promptly to comply, with all law's, ordinances and the orders, rules, regulations (including the Airport Rules and Regulations and Airport Authority Ordinance) and requirements of all federal, state and municipal governments and appropriate departments, cO::1missions, boards and officers thereof, and of the local Board of Fi~e Underwriters o~ any other body hereafter constituted exercising simila:::- functions whether currently in effect or hereafter promulgated, foreseen or unforeseen, ordinary as ......el1 as extraordinary, structural as '..Jell as non-structurul, which may be applicable to the Demised Premises. Article 10. Repairs, utilities and Maintenance of the Demised Premises During the initial term and any renewal term then in effect of this Agreement, LESSEE shall, at its o'.....n cost and in a manner <1.Cc0pti}ble to LESSOR, put, keep, repair and maintain any improveMents, or replaCements, on the Demised Premises, in good repair, and each and every fixture used in connection with any improvements and the De:1'.ised Premises, including any and all replacements made by LESSEE. LESSOR is hereby released by LESSEE from any and all obligation to maintain or repair any improvements, or replacements, on the Demised Premises or any por-:.ion thereof. LESSOR shall not be required to furnish the LESSEE any facilities or services of any kind whatsoever during the term of this Agreement and any renewal term then in effect, such as, but not limited 'to, scw'cr or septic, water, electricity, light and power, gardening and outdoor maintenance. All utilities and services shall be the responsibility of the LESSEE. LESSEE shall be responsible for the direct paYl1'.ent to the appropriate company for all utilities and services supplied to the Demised Premises. All waste generated on the Demised Premises shall be disposed of and be in compliance with all applicable present and future federal, state and local ordinances, rules, regulations and statutes, and LESSEE shall ensure all applicable federal, state and local per:ni ts a~c obtained by LESSEE and any sub-lessees. LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause same to be cleaned and/or corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by I...ESSEE within thirty (30) days of receipt of written notice of costs incurred by LESr,OR. Article 11. Access to Demised Premises LESSOR, its duly shall have the right part thereof at all authorized agents, representatives and employees, to enter into and upon the Demised Premises or any reasonable hours for the purpose of examining tt1e n~. same or making such repairs therein, for compliance with the provisions of !lAY 24, 1994 and for the purposes of inspection, this Agreement, or otherwise. Article 12. Assignment, Merger, subletting and Easemont3 LESSEE covenants and agrees not to assign this Agreement or merge with any other unit of government without prior written consent of LESSOR, pursuant to section Thirteen of the Airport Authority ordinance. LESSEE may sublease as sublessor to any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature to carry out any purpose of the LESSEE, pursuant to section Seven, B.B. of the Airport Authority Ordinance. Except as may be provided in the administrative code, or any amendments thereto, adopted by the LESSEE and LESSOR, pursuant to the Airport !\uthority Ordinance, all subleases with the LESSEE as sublessor shall be subject to approval by the LESSOR. LESSEE may hold, control and acquire by donation or purchase any public easement, dedication to public use, platted reservation for public purposes or reservation for any legitimate purpose of the LESSOR and to use such easement, pursuant to section Seven, B.l0. of the Airport Authority Ordinance. Article 13. Insurance This Article is not applicable since LESSOR will be providing LESSEE insurance pursuant to statutory limits as they may be chunged from time to time. Article 14. Indemnification LESSEE, in consideration of Ten Dollars ($10.00), the -:::-eceipt and sufficiency of which is acknowledged by the signing of this Agreement, covenants and agrees that it will defend, protect and save and keep, the LESSOR and its agents and employees forever harr:lless and indeT:'Lnified against and from any claims, suits and actions, penalty, daT:1uge, injury, attorneys' fees, costs or charges imposed, not to exceed the st.:1t.\Jtory sovereign immunity limits as they may change from time to time, for any violation of any law or ordinance, whether occasioned by the neglect of LESSEE or those holding under LESSEE, or otherwise, and that LESSEE will at all times defend, protect, indemnify and save and hold hurmlcss the LESSOR against and from all claims, suits and actions, loss, lnjury, costs, attorneys' fees, damage or expense, not to exceed the statutot.y sovereign immunity limits as they may change from time to time, arising out of or from any act or failure to act, or accident or other occurren~e on or about the Demised premises causing injury to any person or personal property whomsoever and whatsoever, during the term of this Agreement or any extension hereof. LESSEE hereby acknowledges that the Mini~um Rent called for in Article 4 of this Agreement has been ~educed by Ten Dollars ($10.00) and is hereby considered by LESSEE and LESSOR as payment of this obligation. LESSOR shall not be liable to LESSEE for any claim for compensation or any losses, damages, or injuries sustained by LESSEE resulting from failure of any water supply, heat, or electrical current not caused by the sole negligence of LESSOR or its agents, servants or employees I or caused by natural physical conditions within or without tr.G: Airport, whether on the surface or underground, including stability, noving, shifting, settlement or displacement of materials by fire, water, windstorm, hurricane, tornado, act or state of war, civilinn commotion or riot, or any other cause beyond the control of the LESSOR. Article 15. Default by Lessee This Article is not applicable since the Airport Authority Ordinance shall be controlling. Article 16. Default by Lessor This Article is not applicable since the Airport Authority Ordinance shall be controlling. nnn nn Article 17. Termination by Lessee or Lessor HAY 24, 1994 This Agreement shall be subject to cancellation by LESSEE or LESSOR in the event of anyone or more of the following events: A. The permanent abandonment or permanent closing of the Demised Premises by LESSEE and LESSOR. B. The lawful assumption by the United States Government, the State of Florida or any authorized agency or agencies thereof of the operation, control or use of the Demised Premises, or any substantial part or parts thereof in such a manner as to substantially restrict the LESSEE operating therefrom for a period in excess of ninety (90) days. c. The issuance by any court of competent jurisdiction of any injunction in any way SUbstantially preventing or restraining the use of the Demised Premises, and the remaining in force of such injunction for a period in excess of ninety (90) days. Article 18. Notices This Article is not applicable. Article 19. Condemnation Clause If the whole property of the Demised Premises shall be taken or condemned by any competent authority for any public or quasi-public use or purpose, then in that event, this Agreement and the term of this Agreement hereof shall cease and terminate as to the date upon which the title shall vest thereby in such authority. If only part of the Demised Premises shall be so taken or condemned, this Agreement and the term of this Agreement hereof shall not cease or terminate. If the remaining portion of the Demised Premises is not sufficient for the operation ~f the LESSEE'S business, LESSEE may cancel this Agreement by notifying LESSOR within ninety (90) days of the taking of all or portion of the Demised Premises. In the event of any such taking or condemnation in whole or in part, the entire award shall belong to LESSOR without any deduction therefrom in the value of the unexpired term of this Agreement, or for any other estate or interest in the Demised Premises now or hereinafter vested in LESSEE. Furthermore LESSEE hereby assigns to the LESSOR all its rights, title and interest in and to any and all such award or awards without any or all rights, estate, or any part thereof. Nothing herein contained shall be construed to permit LESSOR to make application or claims or to receive with respect to award for moving expenses an allowance with respect to trade fixtures and equipment belonging to LESSEE. Any re-construction required as a result of such taking as contemplated herein shall be at the sole cost and expense of the LESSOR if'compensated by the taking authority for said re-construction. Article 20. Ncn-Discriminaticn LESSEE, its successors in interest, and assigns, as part of the consideration hereof, does hereby covenant and agree that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said Demised Premises, (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) thnt the LESSEE shall use the Demised Premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, Non-Discrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the civil Rights Act of 1964, and as said Regulations may be amended. IOO( 000 PI\C 30 _....~.~-,~~~,~- may 24, 1994 That in the event of breach of any of the above non-discriminatioru covenants, LESSoR shall have the right to terminate the Agreement and to re-enter and as if said Agreement had never been made or issued. The provision shall not be effective until the procedures of Title ~9, Code of Federal Regulations, Part 21 are followed and complied including exercise or expiration of appeal rights. Article 21. Airpcrt Plan Implementation This Article is not applicable. Article 22. Surrender of Demised Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises and any or all improvements to the Demised Premises upon expiration of this Agreement, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Agreement or upon placement of improvements during the term of this Agreement, ordinary wear and tear or damage from the elements beyond LESSEE'S control excepted. Article 23. Mechanics' Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subj ect to liens for improvements made by the LESSEE, and 1 iens for improvements made by the LESSEE are specifically prohibited from attaChing to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either, pursuant to Sections 255.05 (1) (a) and (2) and 713.02 (22), Florida Statutes, or otherwise. This notice is also given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. Article 24. General provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. This Agreement, and all provisions hereof, are subject and subordinate to the terms and conditions of the instruments and documents under which the LESSOR acquired the subj ect property from the United States of America and shall be given only such effect as will not conflict or be inconsistent with the terms and conditions contained in the Agreement of said Demised Premises from the LESSOR, and any existing or subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have been, or may hereafter be adopted by the LESSOR pertaining to the Airport. Rights not specifically granted the LESSEE by this Agreement are hereby reserved to the LESSOR. Any inequities that may subsequently appear in this Agreement shall be subject to negotiation upon written request of LESSOR or LESSEE, and LESSOR and LESSEE agree to negotiate in good faith as to any such inequities. LESSEE agrees to pay any and all tax imposed on the rental of the Demised Premises where applicable under law. LESSEE agrees to pay all intangible and tangible personal property taxes that may be imposed due to the creation, by this Agreement, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. LESSEE shall at no time during the term of this Agreement allow its activities on the Demised Premises, or any lands within the boundaries of &OOK oeD PIS[ 31 --_._--~-'-~. may 24, 1994 the Demised Premises, to inhibit or interfere with any activities of' LESSoR, airport tenants or fixed base operators at the Demised Premises. Article 25. Environmental concerns The parties hereto acknowledge that certain federal, state and local laws, regulations and guidelines are in existence or may hereafter be enacted, relating to or affecting the Demised Premises regarding the impact on the environment of LESSEE'S operations. subsequent to the effective date of this Agreement, LESSEE will not cause, or permit to be caused, any act or practice, by negligence, omission or otherwise, that would result in a violation of any of these laws, regulations or guidelines. LESSEE agrees, after the effective date of this Agreement, to take all action required now or in the future by the united states Environmental Protection Agency and the state Agency of the state of Florida, governing all environmental matters. If LESSEE fails to take such action as required by this Article 25, LESSOR may take such action and shall be entitled to indemnification by LESSEE for all costs, and expenses, including attorneys' fees, that LESSOR may incur in connection thereto. If any environmental contamination or other environmental problems are found on the Demised Premises arising from events occurring after the effective date of this Agreement which are not the result of LESSOR'S acts for which any response or other removal, remedial or other type action is required by law, order, rule, regulation or governmental action, LESSEE agrees to take such action, at its sole cost and expense, and to LESSOR'S reasonable satisfaction. The Collier County Environmental Services Division, or its designee, shall have access to the site at any reasonable time for any reasonable duration for any kind of environmental inspection and monitoring. Article 26. operations not to Interfere or Inhibit Aviation LESSEE shall conduct its operation on the Demised Premises in the best interest of aviation. LESSEE shall at no time during the term of this Agreement allow its activities on the Oemised Premises, or any lands within the boundaries of the Demised Premises, to inhibit or interfere with aviation related activities at the Airport. LESSEE shall take no action to restrict any use of Demised Premises from the intended uses of the Demised Premises as an aircra'ft landing field, aircraft refueling base, and/or flight training field. The LESSOR reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described as the Demised Premises together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereinafter used, for navigaticn of or flight in the said airspace, and for use of said airspace for landing on, taking-off from or operation on the Demised premises. The LESSEE expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the hereinafter described real property to such a height as to comply with Federal Aviation Regulations, Part 77. The LESSEE expressly agrees for itself, its successors and assigns, to prevent any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of the Demised Premises or otherwise constitute an airport hazard. Article 27. Reimbursemont This Article is not applicable. Article 28. Radon Gas In compliance witt. Section 404.056, Florida statutes, all are hereby made aware 0f the following: ~nn' onn W.' :12 parties ----_...~-_._- HAY 24, 1994 Radon is a naturally occurring radioactive gas that, when it hasl accumulated in a building in sufficient quanti ties, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from LESSOR'S public health unit. Article 29. Effective Date This Agreement shall become effective upon execution of same by all parties hereto, compliance with all conditions precedent necessary thereto, and approval, if required, of the Federal Aviation Administration. Article 30. Miscellaneous This Agreement shall be governed by and construed in accordance with the LawS of the State of Florida. AS TO THE LESSOR: ATTEST: DATED: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: BY: TIMOTHY J. CONSTANTINE, Chairman AS TO THE ATTEST: DATED: LESSEE: COLLIER COUNTY AIRPORT AUTHORITY W. BARRON SR., Chairman ,(1~~ Approved as to form and legal sufficiency: fft.tj, j 4s4r i0 ---- He d F. Ashton Assistant County Attorney aDOK OCO P!j;t 33 EXHIBITS INTENTIONALLY OMITTED i \ aOOK 000 PI',[ 34 __.,.__~---r-""--"" V-Y 24, 1994