Resolution 1994-366
MAY 24, 1994
RESOLUTION NO. 94-~
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING AND
AUTHORIZING THE LEASING OF THE EVERGLADES CITY
AIRPORT, CONSISTING OF 29 ACRES, MORE OR LESS, FOR
THE PURPOSES OF DEVELOPING, IMPROVING, REGULATING,
OPERATING, MAINTAINING AND OTHERWISE MANAGING THE
EVERGLADES CITY AIRPORT FOR AIRPORT PURPOSES AND
USES ANCILLARY THERETO.
-------------------------------------------------
WHEREAS, Collier County and the Collier County Airport Authority,
which was created pursuant to Collier County ordinance No. 93-36
adopted by the Board of County commissioners of Collier County,
Florida, on June 22, 1993 and effective on July 6, 1993, are desirous
of entering into a Lease Agreement for the Everglades City Airport,
consisting of 29 acres, more or less:
WHEREAS, the Collier County Airport Authority reviewed and
approved Lease Agreement on May 9, 1994 at their regular monthly
meeting; and
WHEREAS, the Chairman of the Collier County Airport Authority
executed the Lease Agreement, which is attached hereto and made a part
hereof as Exhibit "A".
NOW,
THEREFORE,
BE
IT RESOLVED BY THE BOARD OF COUNTY
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 Airport
Authority for the purposes of developing, improving, regulating,
operating, maintaining and otherwise managing the Everglades city
Airport for airport purposes and uses ancillary thereto.
2. The Board of County Commissioners approves and authorizes the
following:
a. the leasing of the Everglades City Airport, consisting
of 29 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 (20) years, provided the Collier County
Airport Authority is not in default of any of the terms and conditions
of the Lease Agreement and provided that the Board of County
Commissioners has not repealed Collier County Ordinance No. 93-]6;
IOD! 000 Pl\E 35
MAY 24, 1994
c. the rent payment of Ten Dollars ($10.00) for a term of
twenty (20) year for the Everglades City Airport, consisting of 29
acres, more or less; and
3. The Board of County Commissioners approves, and authorizes
the Chairman to execute, the Lease Agreement as shown on the attached
Exhibit "A".
THIS RESOLUTION adopted after motion, second and majority vote.
Dated,:-,
d/J~
/ '.
,
. ,
ATTEST:
,DWIGHT E. BROCK, Clerk
Approved as to form and
legal sufficiency:
~J.Ul J A~
He di F. Ashton
Assistant County Attorney
IPJ( 000 'IC,[ 36
EXHIBIT "A"
LEASE AGREEMENT
MAY 24, 1994
THIS LEASE AGREEMENT, hereinafter referred to as "Agreement", made at
Naples, Florida this day of , 1994, by and between
COLLIER COUNTY, a political subdivision of the state of Florida, whose
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, Florida, on June
22, 1993 and effective on July 6, 1993, whose mailing address is 3301
East Tamiami Trail, Naples, Florida 33962-4977, hereinafter referred to
as "LESSEE".
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article S
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 "B"
Exhibit "C"
ARTICLES
Demised Premises
Improvements
Term of Lease
Minimum Rent
Bookkeeping and Accounting
Lessee's Default in Payment; Interest on Delinquency
Modification of Demised Premises
Construction of Improvements
Compliance with Orders, Ordinances
Repairs, Utilities and Maintenance of the Demised Premises
Access to Demised Premises
Assignment, Merger, Subletting and Easements
Insurance
Indemnification
Default by Lessee
Default by Lessor
Termination by Lessee or Lessor
Notices
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 Everglades City Airport
Collier County Ordinance No. 93-36, Collier County Airport
Authority Ordinance
Airport Rules and Regulations, provided in Collier
County Resolution No. 90-196
WITNESSETH:
WHEREAS, LESSOR has jurisdiction over the operation and maintenance
of and improvements to the County-owned land within the territorial
limits of Collier County, known as the Everglades City Airport;
WHEREAS, the Board of County Commissioners of Collier County, Florida
duly passed and adopted Collier County Ordinance No. 93-36 on June 22,
1993 which became effective on July 6, 1993, and is known as the Collier
County Airport Authority Ordinance ("the Airport Authority ordinance"),
creating the Collier County Airport Authority, which is attached hereto
and made a part hereof as Y;xhibit "BIf;
WHEREAS, LESSOR and LESSEE are desirous of entering into an Agreement
for the lease of the Everglades City Airport, transferring the
development, improvement, regulation, operation, maintenance and
management to LESSEE pursuant to the Airport Authority Ordinance; and
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MAY 24, 1994
NOW, THEREFORE, in consideration of the Demised Premises and thel
mutual covenants contained in this Agreement, the parties hereby agree 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 "A" 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 otherwise 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 "C", and the Airport Authority Ordinance
and any subsequent amendments thereto, successor ordinances, applicable
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 relating to the
development, improvement, regulation, operation, maintenance and/or
management of the Demised Premises, including, but not 1 imi ted to, the
budget for Fiscal Year 1993/94, Airport Master Plan or Layout Plan, Joint
Participation Agreements with the Florida Department of Transportation,
Lease Agreements, Deeds, Airport Licenses and miscellaneous Airport
files, shall be delivered and/or shall be assigned to the LESSEE upon the
effective date of the Agreement.
LESSEE covenants and agrees not to use, occupy, suffer or permit said
Demised Premises or any part thereof to be used or occupied for any
purpose contrary to law.
Article 2.
Improvements
The following improvements exist on the Demised Premises as of the
effective date of the Agreement:
Demised Premises Improvements:
1. One (1) asphalt paved runway designated Runway 15/33 which
measures two thousand four hundred (2,400) feet long by fifty (50) feet
wide;
2. One (1) exit taxiway located approximately nine hundred
fifty (950) feet from the approach end of Runway 33;
3. Fencing along the northern perimeter of the Airport;
4.
lights along
runway end;
Airfield lighting consisting of medium intensity edge
each side of Runway 15/33 and threshold/end lights at each
5. One (1) segmented circle and a lighted wind cone located
approximately five hundred (500) feet from the approach end of Runway 33,
one hundred fifty (150) feet west of the runway centerline; and
6. One (1) rot~ting beacon located approximately one thousand
four hundred fifty (1,450) feet from the approach end of Runway 33 and
two hundred thirty-one (23") feet east of the runway centerline.
7. And any other improvements
Premises on the effective date of the
improvements which may be owned by a tenant
on the Demised Premises.
which exist on the Demised
Agreement, excepting those
of a current lease agreement
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Artiole 3.
'rerm of Lease
MAY 24, 1994
I
LESSEE shall have and hold the Demised Premises for a term of twenty
(20) years, commencing on the date when this Agreement has been approved
and executed by both LESSEE and LESSOR, and expiring twenty (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 expiration of the
leasehold estate hereby created.
If the charter of the Collier County Airport Authority is revoked and
the Collier County Airport Authority is unilaterally dissolved 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 Demised
Premises shall automatically transfer to the LESSOR.
Artiole 4.
MinimUIII Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised
Premises the SUm of Ten ($10.00) Dollars which shall be due and payable
on the effective date of this Agreement by LESSOR. If LESSEE is granted
an additional term of twenty (20) years, pursuant to Article 3. of this
Agreement, then the sum of Ten ($10.00) Dollars shall be due and payable
on the twenty-first (21st) anniversary date of this Agreement.
Article 5.
Bockkeeping'and Accounting
The Clerk to the Board of County Commissioners for Collier County
("Clerk") shall serve as Clerk to the LESSEE, pursuant to Section Five,
F. of the Airport Authority Ordinance, or until such time as the
Ordinance may be amended or a successor Ordinance is adopted stipulating
the replacement of said Clerk, concerning the Demised Premises. The
Clerk shall serve as auditor, recorder and custodian of all LESSEE'S
funds and shall keep such records and file such reports as required by
law pertaining thereto. The LESSEE shall organize its own financial
records to facilitate day-to-day operations. The LESSEE shall provide
financial records in such form and in such manner as prescribed pursuant
to Chapter 218, Florida Statutes, as applicable, and by the
administrative code, or any amendments thereto, as may be adopted by the
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 Ordinance, concerning the
Demised Premises.
Article 6.
Lessee's Default in Payment; Interest on Delinquency
This Article is not applicable since it is not the intent of LESSOR
to default LESSEE for non-payment of rent as referenced in Article 4. of
this Agreement.
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 administrative
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 Ordinance, unless
provided otherwise in the Airport Authority Ordinance or in the
administrative code, or any amendments thereto, adopted by the LESSEE and
LESSOR, pursuant to the Airport Authority Ordinance.
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Artiole 9.
comp1ianoe with Orders, Ordinances MAY 24, 1994
LESSEE agrees that in the use and occupancy of the Demised Premises
during the term of this Agreement, it will, without cost to LESSOR,
promptly comply, or will cause all persons claiming by, through or under
LESSEE, promptly to comply, with all laws, 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, commissions, boards
and officers thereof, and of the local Board of Fire Underwriters or any
other body hereafter constituted exercising similar functions whether
currently in effect or hereafter promulgated, foreseen or unforeseen,
ordinary as well as extraordinary, structural as well as non-structural,
which may be applicable to the Demised Premises.
ArUole 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 own cost and in a manner acceptable 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 Demised 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 portion
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, sewer 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 payment 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 permits are 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 LESSEE within thirty
(30) days of receipt of written notice of costs incurred by LESSOR.
Artiole 11.
Aooess to Demised Premises
LESSOR, its duly authorized agents, representatives and employees,
shall have the right to enter into and upon the Demised Premises or any
part thereof at all reasonable hours for the purpose of examining the
same or making such repairs therein, and for the purposes of inspection
for compliance with the provisions of this Agreement, or otherwise.
Artiole 12.
Assiqnment, Merqer, Sublettinq and Easements
LESSEE covenants and dgrees 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.S. 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 Authority
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!lAY 24, 1994
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 .10. 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 changed from time
to time.
Article 14.
Indemnification
LESSEE, in consideration of Ten Dollars ($10.00), the receipt 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 harmless and indemnified
against and from any claims, suits and actions, penalty, damage, injury,
attorneys' fees, costs or charges imposed, not to exceed the statutory
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 harmless the
LESSOR against and from all claims, suits and actions, loss, inj ury,
costs, attorneys' fees, damage or expense, not to exceed the statutory
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 occurrence
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 Minimum Rent
called for in Article 4 of this Agreement has been reduced 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, or
caused by natural physical conditions within or without the Airport,
whether on the surface or underground, including stability, moving,
shifting, settlement or displacement of materials by fire, water,
windstorm, hurricane, tornado, act or state of war, civilian 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.
Article 17.
Termination by Lessee or Lessor
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.
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MAY 24, 1994
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 of
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.
Non-Discrimination
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) that 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.
That in the event of breach of any of the above non-discrimination
covenants, LESSOR shall ha,e 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 49, Code
of Federal Regulations, Part 21 are followed and complied including
exercise or expiration of appeal rights.
Article 21.
Airport 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
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MAY 24, 1994
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.
Xechanics' 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 subject to liens for improvements made by the LESSEE, and liens
for improvements made by the LESSEE are specifically prohibited from
attaching to or becoming a lien on the interest of the LESSOR in the
Demised Premises or any part of either, pursuant to sections 255.05
(1) (al 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.
Artiole 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 subject 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 subj ect 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
the Demised Premises, tL' inhibit or interfere with any activities of
LESSOR, airport tenantc 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.
all
LESSEE agrees, after the effective date of
action required now lo~f (JO{lr1i,~e 43uture
this Agreement, to take
by the united states
--~--
MAY 24, 1994
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 Demised Premises, or any lands
within the boundaries of the Demised Premises, to inhibitor 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 aircraft 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 navigation 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
obstruqtions 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.
Reimbursement
This Article is not applicable.
Article 28.
Radon Gas
In compliance with Section 404.056, Florida Statutes, all
are hereby made aware of the following:
parties
Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health
risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be
obtained from 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.
lOOK 000 Pill 44
."~~-,,~_._.......<"-"--~-.........-~---"-~
Artiole 30.
Misoel1aneous
!lAY 24, 1994
This Agreement shall be governed by and construed in accordance with
the Laws of the state of Florida.
AS TO THE LESSOR:
ATTEST:
DATED:
DWIGHT E. BROCK, CLERK
BY:
AS TO THE
ATTEST:
DATED:
LESSEE:
~1LwC'- ~.y
Ii tnesif;)
~s ~~
Approved as to form and
~ufficienCY:
{ d ~C {II)~_____
He d F. Ashton
Assistant County Attorney
"
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TIMOTHY J. CONSTANTINE, Chairman
COLLIER COUNTY AIRPORT AUTHORITY
BY: Q"'f Jr'1~r".'-'~
veORG w. B ON SR., Chairman
!OOK 000 pm 45
!lAY 24, 1994
EXHIBITS INTENTIONALLY OMITTED
aoo( 000 PlGc46