Agenda 12/13/2016 Item #16G1 16.G.1
12/13/2016
EXECUTIVE SUMMARY
Recommendation to approve a Debt Payment Agreement between Raven Air Marco Island, LLC
d/b/a Island Hoppers (Raven Air) and the Collier County Airport Authority(Authority).
OBJECTIVE: To maintain air charter service and positive tenant relations at the Marco Island
Executive Airport (MKY), while addressing liabilities and timely payment of debt payments owed by
Raven Air to the Authority.
CONSIDERATIONS: The Authority entered into two separate Lease agreements with Raven Air for
counter/office and hangar space at MKY, both executed in June 2014, for the purposes of offering public,
on-demand air charters, sightseeing tours and aircraft sales operations. Previously, Raven Air also
participated in the annual volume fuel discount program, which was invoiced on a monthly basis, in
accordance with the Authority's published Rates and Charges.
Since April 2016, Raven Air became delinquent on rent and fuel payments owed for services rendered.
On May 25, 2016, with an outstanding and overdue balance of $8,523.19, monthly invoicing of fuel
payments was suspended and all subsequent fuel purchases were paid on a cash basis at the time of sale.
The current amount in arrears,plus penalties and interest, is as follows:
Fuel $8,523.19
Rent $2,749.43
Penalties/Interest $ 700.90
Total $11,973.51
Mr. Jeffrey Fonner, Owner and Manager of Raven Air, informed Authority staff that the business is
expected to change ownership and control by December 30, 2016, and believes the change will yield
funds sufficient to make payment to the Authority.
Authority staff has met with the potential buyer, who has expressed an interest in maintaining public air
charter service at MKY. As to not inhibit the potential sale, payment and ultimate continuation of public
air charter service,the Authority has proposed to enter into the attached Debt Payment Agreement.
In the absence of such payment, Mr. Former and Raven Air, individually agree that they are jointly and
severally responsible for the debt. The Parties agree that time is of the essence with regard to payment of
the debt, which shall be paid in full by February 28, 2017. Should the debt not be paid in full by this time,
all Agreements between the Authority and Raven Air shall terminate, in accordance with the applicable
Agreement Termination provisions, and the Authority shall pursue any legal means necessary to recoup
any and all funds owed.
FISCAL IMPACT: The current amount in arrears as of December 1, 2016, is $11,973.51,plus penalties
and interest, which continues to accrue in the absence of payment. All debt collected from Raven Air
shall be deposited into the Airport Authority Fund (495) Marco Island Executive Airport Cost Center
(192370)
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this
Executive Summary
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority
vote for Board action. -JAB
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16.G.1
12/13/2016
RECOMMENDATION: To approve the attached Debt Payment Agreement between Raven Air Marco --�
Island LLC d/b/a Island Hoppers and the Collier County Airport Authority
Prepared by: Justin Lobb,Airports Manager, Airport Authority
ATTACHMENT(S)
1. Raven Air Agreement jab_CAO stamp (PDF)
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16.G.1
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.1
Item Summary: Recommendation to approve a Debt Payment Agreement between Raven Air
Marco Island LLC d/b/a Island Hoppers (Raven Air) and the Collier County Airport Authority
(Authority).
Meeting Date: 12/13/2016
Prepared by:
Title: Operations Coordinator—Airport Authority
Name: Debra Brueggeman
12/01/2016 3:57 PM
Submitted by:
Title: Division Director-Operations Support—Growth Management Department
Name: Gene Shue
12/01/2016 3:57 PM
Approved By:
Review:
�., Growth Management Department Diane Lynch Level 1 Division Reviewer Completed 12/02/2016 9:30 AM
Airport Authority Justin Lobb Additional Reviewer Completed 12/02/2016 9:46 AM
Growth Management Department Gene Shue Additional Reviewer Completed 12/02/2016 10:33 AM
Procurement Services Allison Kearns Additional Reviewer Completed 12/02/2016 10:55 AM
Growth Management Department David Wilkison Level 2 Division Administrator Completed 12/02/2016 1:16 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/02/2016 3:58 PM
County Attorney's Office Scott Teach Level 3 County Attorneys Office Review Completed 12/02/2016 4:13 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/02/2016 4:31 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 12/02/2016 4:50 PM
Budget and Management Office Mark lsackson Additional Reviewer Completed 12/05/2016 9:03 AM
County Manager's Office Leo E.Ochs Level 4 County Manager Review Completed 12/05/2016 11:00 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
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16.G.1.a
COLLIER COUNTY AIRPORT AUTHORITY
DEBT PAYMENT AGREEMENT
This Debt Payment Agreement (hereinafter referred to as "Agreement") is entered into
this day of , 20 , by and between Raven Air Marco
Island, LLC d/b/a Island Hoppers (Raven Air), a corporation duly organized under the laws of
Florida, whose mailing address is 2005 Mainsail Drive, Naples, FL 34114 hereinafter referred to
as "Lessee or Raven Air", Jeffrey A. Fonner, its Manager and Owner, in his individual capacity, a'
whose mailing address is 1625 Chesapeake Ave, Apt 102, Naples, Florida 34102, and Collier
Airport Authority, 8.)
County rp whose mailing address is 2005 Mainsail Drive, Suite 1, Naples,
Florida 34114, hereinafter referred to as "Lessor or Authority," collectively stated as the rt
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"Parties."
WITNESSETH:
WHEREAS, Raven Air occupies property owned by Authority under a Collier County
Airport Authority Standard Form Lease, dated June 24, 2014, and a T-Hangar Lease Agreement, M
dated June 14, 2014 (hereinafter referred to as the "Agreements"), attached hereto as "Exhibit A"
and incorporated by reference; a.
WHEREAS, Raven Air presented owes the Authority $11,793.52 for fuel and rent it
puchased while occupying the property;
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saWHEREAS, Raven Air expects to change ownership by December 30, 2016, and
believes the change in ownership will yield funds sufficient to make payment to Authority;
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WHEREAS, Raven Air expects to maintain its presence at the Marco Island Executive
Airport after the change in ownership;
WHEREAS, in the absense of such payment of Debt, Mr. Jeffrey Former, Raven Air's
Manager and Owner desires to be personally responsible for such debt, along with Raven Air.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, °'
the Parties agree as follows: t
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1. The foregoing Recitals are true and correct and are incorporated by reference herein
2. Raven Air agrees and acknowledges that it is indebted to Authority in the amount of
$1 1,793.52, the full amount of the debt, which continues to accrue with additional rent
payments, penalties and interest, (hereinafter referred to as "Debt").
3. Raven Air and Jeffrey Former, individually, agree and acknowledge that they are jointly and
severally responsible for the debt.
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16.G.1.a
4. Raven Air and Mr. Jeffrey Former, agrees to pay Authority the full amount of the debt by
February 28, 2017.
5. The Parties agree that time is of the essence with regard to payment of the Debt Should the
debt not be paid in full by February 28, 2017, all agreements between Raven Air and the
Authority shall terminate on March 1,2017.
6. This Agreement shall constitute the final agreement and understanding of the parties on the
subject matter hereof. This agreement may only be modified by a further writing signed by
the Parties.
7. This Agreement may be executed in any number of counterparts, each of which shall be E
deemed to be an original, but all of which together shall constitute one and the same E
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instrument. `)
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IN WITNESS WHEREOF, the Lessee and Authority have hereto executed this Debt
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Agreement the day and year first above written. ca
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AS TO THE LESSEE: RAVEN AIR, LLC C
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BY: M
Witness(signature) Jeffrey Fonner,Manager N
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AS TO THE LESSOR: Q
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DATED: COLLIER COUNTY AIRPORT AUTHORITY a)
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A I I EST: ca'
DWIGHT E. BROCK, Clerk BY: E
DONNA FIALA, Chairman o
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BY: Q
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
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16.G.I.a
"Exhibit A"
COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE
This Lease, hereinafter referred to as "Lease,"is entered into this day of IL-0c,,, 2014, by
and between Raven Air Marco Island, LLC, d/b/a Island Hoppers, whose mailing address is 2005
Mainsail Drive, Naples, Florida 34114, hereinafter referred to as "Lessee," and the Collier
County Airport Authority, with administrative offices located at 2005 Mainsail Drive, Suite 1,
Naples, Florida 34114, hereinafter referred to as "Lessor,"collectively stated as the"Parties."
WITNESSETH: 2
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NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and -15
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein, the Parties hereby enter into this Lease on the following terms and conditions: Q
1. Conveyance. On the terms and conditions set forth in this Lease, and in
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consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee thecc
present possessory interest in the Leased Premises described below. ti
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Description of Leased Premises. The Leased Premises which is the subject of this
Lease is a counter and office, located at the Marco Island Executive Airport, in Collier County,
Florida, as shown in Exhibit"A,"hereinafter referred to as the"Premises."
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3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has Q
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examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all
of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now
recorded against the Premises;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. Lessee's satisfactory performance of all terms and conditions of this Lease.
4. Use of Premises. Lessee shall utilize the Leased Premises solely for counter and
office space for administrative and customer service purposes related to air charters, sightseeing
tours for airplane and helicopter, flight instruction, and aircraft sales. Lessor shall have the right
to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with the
approved use. In the event Lessee shall cease to use the Premises for the purposes described
herein, and such cessation of use shall continue for a period of sixty (60) days, this Lease, at the
option of the Lessor, upon thirty (30) days written notice to the Lessee, shall be terminated and
Lessee shall surrender and vacate the Premises to the Lessor within thirty (30) days after notice
of such termination. Provided, however, said sixty (60) day period shall be tolled if such
cessation is caused by events beyond the control of the Lessee such as acts of God or if such
cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on
the Leased Premises. Lessee shall not use or allow anyone to use the Premises for residential
purposes or as a public meeting place or facility of any kind. Lessee shall not store any vehicles,
Page 1 of 11
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16.G.1.a
"Exhibit A"
equipment or aircraft on or near the Premises. No overnight parking of any kind shall be
allowed. Lessee shall be allowed to park in the parking area adjacent to the Premises.
5. Permissible Alterations and Additions to Premises. Lessee may not make any
alterations or additions to the Leased Premises without obtaining Lessor's prior written consent,
which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans
and specifications for all alterations and additions at the time Lessor's consent is sought.
6. Term of Lease. The term of this Lease shall commence on the date first above
written and shall continue on a month-to-month basis until at least 30 days' advance writtenco
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notice to terminate is given by one party to the other party.
Upon the execution of this Agreement by the Tenant and Landlord, the Lease dated June
1, 2009, between Raven Air Marco Island.LLC,DBA Island Hoppers. is hereby terminated. o
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum
of$378.42 monthly (the "Base Rental"), which includes sale tax, and which shall be due and
payable in advance by the first day of every calendar month during the term hereof. If the terms ct
of this Lease shall commence on a day other than the first day of the month, Lessee shall pay M
rental equal to one thirtieth(1/30th) of the monthly rental multiplied by the number of rental days N
of such fractional month. The lease rental rate shall at no time be less than the Base Rental. The a.
Lessor and Lessee, however, agree and stipulate that the lease rental rate may be unilaterally E
increased by the Lessor, annually, effective October 1 of each year. in accordance with thetTh
Lessor's lease rental rate adjustment program. Currently the adjustment program is based on Q
changes in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price
Index (the Index for U.S. City Average for Urban consumers). All rents and fees shall be made
payable to the Collier County Airport Authority, and mailed by first class letter, postage prepaid,
or personally delivered, to the Administrative Offices at 2005 Mainsail Drive, Suite 1, Naples,
Florida 34114,or such other address as the Airport Manager may designate in writing.
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8. Net Lease. This is a fully net lease,with Lessee responsible for all costs,fees and
charges concerning the Premises. Accordingly,Lessee shall promptly pay when due and prior to
any delinquency all costs, fees, taxes,trash removal services, assessments, utility charges, impact
fees and obligations of any kind that relate to the Premises. Lessee will indemnify and hold
Lessor harmless from any and all claims, costs and obligations arising from Lessee's use of the
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Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use n
of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting
therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's
expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed however, that
Lessor may at its own cost and expense participate in the legal defense of such claim. with legal
counsel of its choosing.
9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the
Premises, and shall promptly remove any and all liens placed against the Premises. All persons
to whom these presents may come are put upon notice of the fact that the interest of the Lessor in
the Premises shallnot be subject to liens for improvements made by the Lessee and liens for
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16G.1.a
"Exhibit A"
improvements made by the -Lessee are specifically prohibited from attaching to or becoming a
lien on the interest of the Lessor in the Premises or any part of either. This notice is given
pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes.
10. Lessee's Obligation to Maintain Premises and Comply with All Lawful
Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any
expense to the Lessor, shall keep and maintain the Premises in good, sanitary and neat order,
condition and repair, and shall abide with all lawful requirements. Such maintenance and repair
shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting,
heating, plumbing, and air conditioning). Such repair may also include structural repair, if °1
deemed necessary by the Lessee. If the Premises are not in such compliance in the reasonable
opinion of Lessor, Lessee will be so advised in writing. If corrective action is not begun within e
thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is
completed, Lessor may cause the same to be corrected and Lessee shall promptly reimburse n
Lessor for the expenses incurred by Lessor, together with a 5%administrative fee.
11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee
has not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive
right to use the Premises during the term of this Lease. During the term of this Lease, Lessee ti
may erect appropriate signage on the Leased Premises and the improvements constructed by N
Lessee thereon. Any such signage shall be in compliance with all applicable codes and
ordinances and approved by the Lessor;Lessor's consent will not be unreasonably withheld.
12. Casualty and Condemnation
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a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or other
casualty, Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds, to
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rebuild or restore the Premises to substantially its condition prior to such casualty event unless
the Lessor provides the Lessee with a written determination that rebuilding or restoring the
Premises to such a condition with the Proceeds within a reasonable period of time is Q
impracticable or would not be in the best interests of the Lessor, in which event, Proceeds shall
be shall be promptly remitted to Lessor. If the Lessor elects not to repair or replace the
improvements, then Lessee or Lessor may terminate this Lease by providing notice to the other
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party within ninety (90) days after the occurrence of such casualty. The termination will be
effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual
written agreement of the Parties. During the period between the date of such casualty and the E
date of termination, Lessee will cease its operations as may be necessary or appropriate. If this
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Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material
extent. as reasonably determined by Lessee and Lessor. Lessee will proceed with reasonable
diligence, at no cost or expense to Lessor, to rebuild and repair the Premises to substantially the
condition as existed prior to the casualty.
b. Condemnation. Lessor may terminate this Lease by written notice as part of a
condemnation project. Lessor will use its best efforts to mitigate any damage caused to
Lessee as a result of such termination; however, in no event will Lessor be liable to
Lessee for any compensation as a result of such termination.
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"Exhibit A"
13. Access to Premises. Lessor, its duly authorized agents, contractors,
representatives and employees,shall have the right after reasonable oral notice to Lessee, to enter
into and upon the Premises during normal business hours, or such other times with the consent of
Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any
required repairs not being timely completed by Lessee.
14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, no
later than the final day of the lease term, Lessee shall redeliver possession of the Premises to
Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's
occupancy of the Premises to remove any of its personal property, equipment, and signs
provided, however, at the termination of this Lease, Lessor shall have the option of either a)
requiring Lessee to demolish and remove all improvements made by Lessee to the Premises upon Q
Lessee's vacation thereof, or to require Lessee to retain said improvements with fixtures on the
Premises which improvements and fixtures will become the property of the Lessor upon Lessee's o
vacation of the Premises.
15. Assignment. This Lease is personal to Lessee. Accordingly. Lessee may not
assign this Lease or sublet any portion of the building constructed on the Premises by Lessee
without the express prior written consent of the Lessor, which consent may be withheld in
Lessor's sole discretion. Any purported assignment or sublet without the express written consent N
of Lessor shall be considered void from its inception, and shall be grounds for the immediate
termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessee.
16. Insurance. O
a. Lessee shall provide and maintain a Commercial General Liability insurance policy,
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approved in writing by Lessor and the Collier County Risk Management Department, for not less
than One Million and 00/100 Dollars ($1,000,000.00) combined single limits during the term of
this Lease. If such amounts are less than good insurance industry practice would require, Lessor
reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) 2
days' advance notice to do so.
b. In addition. Lessee shall provide and maintain Worker's Compensation Insurance a)
covering all employees meeting the then existing Statutory Limits in compliance with the @
applicable state and federal laws. The coverage shall include EmpIoyer's Liability with a
minimum limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) per each accident.
If such amounts are less than good insurance industry practice would require, Lessor reserves the E
right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance
notice to do so.
c. Lessee shall also maintain standard fire and extended coverage insurance on the
additions and improvements located on the Premises and all of Lessee's property located on or in
the Premises including, without limitation, furniture, equipment, fittings, installations, fixtures
(including removable trade fixtures), personal property and supplies, in an amount not less than
the then-existing full replacement value.
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"Exhibit A"
d. Business Automobile Liability Insurance, and Business Boat Liability Insurance, for
automobiles and boats used by Lessee in the course of its performance under this Lease.
including Employer's Non-Ownership and Hired Auto Coverage, each said policy in amounts of
One Million and 00/100 Dollars ($1,000,000.00) combined single Iimit per occurrence. If such
amounts are less than good insurance practice would require, Lessor reserves the right to
increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice
to do so.
e. Should Lessee's operations at the Premises require Pollution Liability insurance,
Lessor shall notify Lessee, in writing, of Lessee's responsibility to provide Pollution Liability
insurance covering the accidental discharge and clean up of pollutants shall be maintained by the
Lessee in an amount of not less than Five Million and 00/100 dollars ($5,000,000) per
occurrence. Such coverage shall cover third party Iiability and clean up coverage.
f. Lessor shall be named as an additional insured on the Commercial General Liability
insurance policy. Lessor shall also be added as an additional insured on the Property Insurance.
policy as their interest may appear. The above-described insurance policies shall list and
continuously maintain Lessor as an additional insured thereon. Evidence of such insurance shall re
be provided to Lessor c/o Real Property Management, 3335 East Tamiami Trail, Naples, ,a.
Florida, 34112, for approval prior to the commencement of this Lease; and shall include a
provision requiring not less than ten (10) days prior written notice to Lessor in the event of `V
cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance
practice would require, Lessor reserves the right to reasonably amend their insurance N
requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee c
shall have thirty (30)days in which to obtain such additional insurance. The issuer of any policy
must have a Certificate of Authority to transact insurance business in the State of Florida and
must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer
must be responsible and reputable and must have financial capacity consistent with the risks a)
covered. Each policy must contain an endorsement to the effect that the issuer waives any claim
or right of subrogation to recover against Lessor,its employees, representatives and agents.
g. Failure to continuously abide with all of these insurance provisions shall be deemed to
be a material breach of this Lease and Lessor shall have the remedies set forth below.
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17. Defaults and Remedies.
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a. Defaults by Lessee. The occurrence of any of the following events and the
expiration of the applicable cure period set forth below without such event being cured or
remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law:
i. Abandonment of Premises or discontinuation of Lessee's operation.
ii. Lessee's material misrepresentation of any matter related to this Lease.
iii. Filing of insolvency,reorganization, plan or arrangement of bankruptcy.
iv. Adjudication as bankrupt.
v. Making of a general assignment of the benefit of creditors.
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Packet Pg. 2181
"Exhibit A"
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vi. If Lessee suffers this Lease to be taken under any writ of execution and/or
other process of law or equity.
vii. Lessee's failure to utilize the Premises as set forth in Exhibit B.
• viii. Any lien is filed against the Premises or Lessee's interest therein or any
part thereof in violation of this Lease, or otherwise, and the same remains
• unreleased for a period of sixty (60) days from the date of filing unless
within such period Lessee is contesting in good faith the validity of such
lien and such lien is appropriately bonded.
ix. Failure of Lessee to perform or comply with any material covenant or '5
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condition made under this Lease, which failure is not cured within ninety E
(90) days from receipt of Lessor's written notice stating the non- 0
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compliance shall constitute a default (other than those covenants for which cn
a different cure period is provided), whereby Lessor may, at its option, :5
terminate this Lease by giving Lessee thirty (30) days written notice ow
unless the default is fully cured within that thirty (30) day notice period
(or such additional time as is agreed to in writing by Lessor as being c
• reasonably required to correct such default). However, the occurrence of cu
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any of the events set forth above shall constitute a material breach and ce
default by Lessee, and this Lease may be immediately terminated by
Lessor except except to the extent then prohibited by law. el
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b. Remedies of Lessor. E
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i. In the event of the occurrence of any of the foregoing defaults, Lessor, in 0
addition to any other rights and remedies it may have, shall have the <
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immediate right to re-enter and remove all individuals, entities and/or =I
property from the Premises. Such property may be removed and stored in re
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a public warehouse or elsewhere at the cost of and for the account of
Lessee, all without service of notice or resort to legal process and without E
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being deemed guilty of trespass, or being liable for any loss or damage E
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which may be occasioned thereby. If Lessee does not cure the defaults in <
the time frames as set forth above, and Lessor has removed and stored
property, Lessor shall not be required to store for more than thirty (30) c
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days. After such time, such property shall be deemed abandoned and >
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Lessor shall dispose of such property in any manner it so chooses and ce
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shall not be liable to Lessee for such disposal. '0.3
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ii. If Lessee fails to promptly pay, when due, any full installment of rent or a-
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any other sum payable to Lessor under this Lease, and if said sum remains
unpaid for more than five (5) days past the due date, the Lessee shall pay
Lessor a late payment charge equal to five percent (5%) of each such
payment not paid promptly and in full when due. Any amounts not paid
promptly when due shall also accrue compounded interest of two (2%)
percent per month or the highest interest rate then allowed by Florida law,
whichever is higher ("Default Rate"), which interest shall be promptly
paid by Lessee to Lessor.
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16.G.1.a
• `'Exhibit A"
iii. Lessor may sue for direct, actual damages arising out of such default of
Lessee or apply for injunctive relief as may appear necessary or desirable
to enforce the performance and observance of any obligation, agreement
or covenant of Lessee under this Lease, or otherwise. Lessor shall be
entitled to reasonable attorneys fees and costs incurred arising out of
Lessee's default under this Lease.
c. Default by Lessor. Lessor shall in no event be charged with default in the
performance of any of its obligations hereunder unless and until Lessor shall have failed
to perform such obligations within thirty (30) days (or such additional time as is
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reasonably required to correct such default) after written notice to Lessor by Lessee Q
properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion,
Lessor has failed to perform any such obligation(s).
d, Remedies of Lessee. in partial consideration for the nominal rent charged to
Lessee, Lessee hereby waives any claim it may have to direct or indirect monetary
damages it incurs as a result of Lessor's breach of this Lease, and also waives any claim
it might have to attorneys' fees and costs arising out of Lessor's breach of this Lease.
Lessee's remedies for Lessor's default under this Lease shall be limited to the following:
N_
1. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of ca
Lessor under this Lease. C
ii. Lessee may cure any default of Lessor and pay all sums or do all Q
reasonably necessary work and incur all reasonable costs on behalf of and U
at the expense of Lessor. Lessor will pay Lessee on demand all reasonable
costs incurred and any amounts so paid by Lessee on behalf of Lessor,
with no interest.
L'.
e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either
party is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy will be cumulative and in addition to everyother remedy
given under
this Lease or hereafter existing under law or in equity. No delay or omission to exercise
co
any right or power accruing upon any event of default will impair any such right or power
nor be construed to be waived, but any such right and power maybe exercised from time
to time and as often as may be deemed expedient. °i
f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a
material inducement and consideration for the execution of this Lease by Lessee and
Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Lease will
be deemed for any purpose to be a waiver of any breach of any other provision hereof or
of any continuing or subsequent breach of the same provision, irrespective of the length
of time that the respective breach may have continued.
Page 7 of 11
Packet Pg. 2183
-5 5.X2 16.G.i.a
• "Exhibit A"
tTh
18. Lease Manual. Lessee shall be provided with the Authority's Lease Manual (if any),
which the Authority may be amend from time to time. The terms of this manual shall be deemed
to be incorporated by reference into this Agreement, and Lessee shall be bound by the terms of
this Lease Manual, as of the 1 st day of the second month Lessee receives a copy of the Lease
Manual or an amended Lease Manual. With respect to any terms in this Lease Agreement which
are in conflict with the Lease Manual,the Lease Manual shall control.
19. Rules and Regulations. Lessee shall comply with the Authority's published Rules and
Regulations for this airport,which are on file at the address set forth above,as such regulations may
be amended from time to time by the Authority including such reasonable and uniform landing fees.
0)
rates or charges, as may from time to time be levied for airfield operational privileges and/or a)
chi)
services provided at the Airport. Lessee shall also comply with any and all applicable governmental
statutes,rules,orders and regulations.
Miscellaneous Legal Matters
Zt.
ci)
20. This Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then-
current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure,
(,)
either party may file an action in the Circuit Court of Collier County to enforce the terms of this
Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. ta.
,,Th 21. This Lease contains the entire agreement of the Parties with respect to the matters
covered by this Lease and no other agreement, statement or promise made any party, or to any (r)
0
employee, officer or agent of any party, which is not contained in this Lease shall be binding or
valid. Time is of the essence in the doing,performance and observation of each and every term,
covenant and condition of this Lease by the Parties.
22. In the event state or federal laws are enacted after the execution of this Lease,
which are applicable to and preclude in whole or in part the Parties' compliance with the terms
of this Lease, then in such event this Lease shall be modified or revoked as is necessary to
comply with such laws, in a manner which best reflects the intent of this Lease.
23. Except as otherwise provided herein, this Lease shall only be amended by mutual
written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be
given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight
delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been
co
given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit.
For the purpose of calculating time limits which run from the giving of a particular notice the
time shall be calculated from actual receipt of the notice. Notices shall be addressed as follows:
If to Lessor: Executive Director
Collier County Airport Authority
• 2005 Mainsail Drive, Suite 1
Naples, Florida 34114
Page 8 of I,
• Packet Pg. 2184
16.G.1.a
*'Exhibit A"
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Lessee: Raven Air Marco Island, LLC. d/b/a Island Hoppers
2005 Mainsail Drive
Naples, Florida 34114
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
24. Lessee is an independent contractor, and is not any agent or representative or c
employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf
of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. a)
Neither party will have the right or authority to bind the other party without express written
authorization of such other party to any obligation to any third party. No third party is intended
Q
by the Parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against
either party hereto or otherwise. Nothing contained in this Lease will constitute the Parties as
partners or joint ventures for any purpose, it being the express intention of the Parties that no
such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not v
providing any vacation time, sick pay, or other welfare or retirement benefits normally `='
associated with an employee-employer relationship and that Lessor excludes Lessee and its
employees from participation in all health and welfare benefit plans including vacation, sick 2
u
leave, severance, life, accident, health and disability insurance, deferred compensation, c
retirement and grievance rights or privileges.
i
25. Neither party to this Lease will be liable for any delay in the performance of any co
obligation under this Lease or of any inability to perform an obligation under this Lease if and to
the extent that such delay in performance or inability to perform is caused by an event or
circumstance beyond the reasonable control of and without the fault or negligence of the party a)
claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or
undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action,
economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion,
fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the
co
binding order of any governmental authority.
26. Lessee will not transport.. use, store, maintain, generate, manufacture, handle, '
dispose, release or discharge any Hazardous Materials upon or about the Leased Premises, nor
permit employees, representatives, agents. contractors, sub-contractors, sub-sub-contractors,
material men andlor suppliers to engage in such activities upon or about the Leased Premises.
27. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made
aware of the following: 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
Page 9ofll
Packet Pg.2185
». . ....,... •,y .,,a... .4.. .., =P4m tet_.:,. „ . .: � u. . a. ., .. 1 .G.1.a
6
"Exhibit A"
in buildings in Florida. Additional information regarding radon and radon testing may be
obtained from your County Public Health Department.
28. Airport Development. The Authority reserves the right to further develop or improve
the landing and other areas of the Airport as it sees fit, regardless of the convenience, desires or
view of the Lessee,and without interference or hindrance.
29. Airport Operations. Lessee shall prevent any use of the Premises which would interfere
with or adversely affect the operation or maintenance of the Airport, or otherwise constitute an
airport hazard, and will restrict the height of structures, objects of natural growth and other
obstructions on the Premises to such height as comply with Federal Aviation Regulations. Part 77.
30. Nondiscrimination Clause. The Lessee for himself, his personal representatives, .75
successors ininterest, and assigns, as part of the consideration hereof, does hereby covenant and o
agree that (1) no person on the grounds of race, color, or national origin shall be excluded in
participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the
Leased Premises; (2)thatin 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 participating in, denied the benefits of, or otherwise subjected to discrimination; (3) ti
that the Lessee shall use the Leased Premises in compliance with all other requirements imposed by N
or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the
Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as said co
regulations may be amended. That in the event of breach of any of the above nondiscrimination p
covenants, Lessor shall have the right to terminate this Lease and to re-enter and as if the Lease 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 completed, including exercise or expiration co
of appeal rights.
31. Dominant Agreements and Property Rights Reserved. This Lease Agreement is
subordinate and subject to all existing agreements between the Authority and the Federal Aviation
Administration, the Authority and the State of Florida, and the Authority and Collier County.
During the time of war or national emergency,the Authority shall have the right to lease the landing
area or any part thereof to the United States Government for military or naval or similar use,and, if
such lease is executed,the provisions of this Lease Agreement insofar as they are inconsistent with
the provisions of the lease to the Government, shall be suspended. This Lease and all provisions
hereof are subject and subordinate to the terms and conditions of the instruments and documents E
under which the Airport Owner acquired the subject property from the United States of America
co
and shall be given only such effect as will not conflict or be inconsistent with the terms and
conditions contained in the lease of said lands from the Airport Owner, and any existing or `t
subsequent amendments thereto,and are subject to any ordinances, rules or regulations which have
been, or may hereafter be adopted by the Airport Owner pertaining to the Immokalee Regional
Airport.
Page 10 of 11
Packet Pg. 2186
"Exhibit A"
n
32. Lessee shall execute this Lease prior to it being submitted for approval by the
Collier County Airport Authority. This Lease may be recorded by the County in the Official
Records of Collier County, Florida, within fourteen (I4) days after the County enters into this
Lease, at Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the
day and year first above written.
AS TO THE LESSEE: Raven Air Marco Island, LLC, c
�. d/b/a Island Hoppers E
i
ai
.r1 / ..- Q
/,1 fitness ''gnature) ''' !'.►AVID a 0 OM, Manager p
o� OR Al/C4/0a
(print name) >
m
w
-. ti
01
Tr
Witness(signatus r CV
❑.
cioi
w ----
(print name) O
Q
U
I
AS TO THE LESSOR: as
w
Attest: Board of County Commissioners of Collier Ec
DWIGHT E. BROCK,Clerk County.Florida, serving as the a
Collier County Airport AuthorityCD
Y J � �
Attest.as to Chairman;s , ceputy ler I'CJM M ING, C IRMANcc
signature only. `,,_.,, :.:
Approve as rm and legality: eu
if -6Z.
, Q
Jeffrey A.liU. 'ow, County Attorney
'1`t
Page 11 of 11
Packet Pg. 2187
16.G.1.a
EXHIBIT 'At
Marco Island Executive Airport
Terminal Buidling
(not drawn to scale)
E
COUNTER CD
and Airport Managers
Counter A Raven kir OFFICE Office
BA Island
-
Island Hoppers
cst
Leased Premises
Administrative Offices
CJI
Flight Planning
cis
OFFICE ci)
L_
Counter C
Restrooms Pilot's Lounge Restroom
a)
ca
From Front
Door Door
Packet Pg.2188
16.3.1.8
"Exhibit ,"
T
COLLIER COL.STY AIRPORT AU I HOKIIY
i 7i
nos MAINSAIL RIV SUITE I
FLORIDA414
230,642
II ilS LEASErt r: . # _ T is made had catered Mo the day ,,t 7 'AA .
f,.and etetveconthe Cold= t .'fit srtttta ,rxt,: r Ser referred to s .aatt.ta rite""t. ~ tt` n
t
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e---. .........— at
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Individual
Corr./mon imacri Skatettf incorporatotato
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?REMISES:. : ,herr: lea , leave,to,fist - tr at.'i; ,, . Atrocrr. fd.
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Z M. ""tt, 'Z °"ET AtiteRA17Th Thr rt : !than u t
for the :, E, and notate Ur t
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is
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. y, l-`1 14a} innsC tOnt and rtnIted ch4t4 appit4„ttt,3,,,, .. ` 21c Prettuset ,71 a,„e.ta.t., . A:.aa ht
,c.<,,4 mts s.du, schedule s cess, and ;e` x yr. t`". the e ,"4:tt �f tt n'tf" ui tt�tt a!' kp„ ,"`t," '.as_
,ri :<sklirS . &s4: res t. » ," lits rate`„ .a€L s� t4,d.: .1.,+„45'"!L W t.to aditetattent*et .. w 4tdth'-..rtotr. tt ' ”
syy rate schedule wftl & ream i. et e t: 1.4; 1 P' NCI tt?"air: FIA: WAk.i;i .71, t•"', 4 S ax ', ?t
�; H Of the i �'_
:.'t" yacond «'.art °.:. tones,msuch chanty Petr?.:+s..s. ,...1U1 tv that to. dot a,dz'._ ott the ..:",,rcs nay of y.s.,frs
ttt.t vs t."..,°3shina dennumi Any rcilurc tt'nay fres t:'"m hid aand'oatear#-, . }.tom .�.„g:t° #" "4.ot-,-f. ..
_.,,.. ,:;„,,.H# .w JPt taut i S:480 "' ta31 ttrtt to qt.'.,'_" "l IT 41.4 ett - 41 :'to: taut,- at..,
kart x"t,S:,:,P-t „':t; eau,: ,s*„: t„ab : c.Ist In dx9kaaitta:.45° t4) 4 a. tm ,`.a`vc, 3 Ity r....-„,, .t-,4altt tads .4.a taxa.,. . ..
"`t' . ,'9444t.:':° ,ata4*ttt:.. . A _ Aa—tote t:.e t„i
Packet ft6.2189
16.G.1.a
"Exhibit A"
rentals. fees or charges as required to be paid under the provisions of the Lease Agreement within thirty
(30) days after the same shall become due, interest at one and one half percent (1.5%)per month shall
accrue on the delinquent payment(s)until the same are paid.
5. MAINTENANCE: Tenant accepts the premises "as is." Terrain shall maintain structural
components of the hangar against ordinary wear and tear, including doors and door mechanisms.
Tenant is responsible for all other damage to the premises caused by Tenant's use of or presence atlin
the premises.
a)
6. LIABILITIES: Tenant hereby waives all future claims against the Authority, its employees, agents
andior representatives for any and all liability for damage to the aircraft and any other property in or
around the hangar except for physical damage caused by movement of aircraft solely by the Authority's `6)
employees, agents or representatives without any participation in such movement (or instructions to
move same) from Tenant or Tenant's agents, employees or any other person with apparent authority on
behalf of Tenant. Any act or use of the premises by Tenant not expressly authorized by this Lease
.kg.reement. including storage of any flarrunable liquid or gel in the hangar or in the aircraft, andior
storage of other than aircraft fuel and oil in the aircraft's tanks is unauthorized use. flazardous
a)
materials are strictly prohibited.
ea
7. USE OF PREMISES: The premises shall be used only for storage of airworthy aircraft only and
tools associated with aircraft repair that would not constitute a fire hazard. Painting and major aircraft '41
repairs therein are prohibited. T-Hangars arc not to be used as sleeping quarters or storage of personal
vehicles with the following exception. The aircrafts owner's vehicle may he parked in the hangar
while the aircraft is in transit. Within the T-I4angar, Tenant shall be permitted to perform only repairs crs
andior maintenance specifically authorized under Federal Air Regulations, Part 43, Section 43.3.
0
/Th Preventative Maintenance unless otherwise authorized by the Executive Director or their designee.
This maintenance may be performed by the owner/pilot of the aircraft or a licensed A&P mechanic that
01
leases T-Hangar space at the airport. If a T-Flangar Tenant desires to have a mechanic or technician
ra
that does not lease space at the airport, the following policy will be adhered to. All commercial
mechanics, technicians, or other persons doing business for compensation that do not lease space at the
airport shall be required to register with the Authority, give proof of liability insurance and sisma a
statement holding the Authority harmless, list qualifications, licenses, etc., and pay a vendors fee in the
amount of$25.00 per day. Whenever separate airport maintenance facilities are not available, annual
inspections will be approved by the Airport Manager with prior approval. All other use of or storage
within the premises is strictly prohibited unless authorized in writing by the Airport Manager.
5
>
S TERMINATION FOR CAUSE: Notwithstanding the notice provision of paragraph 3 above, the
Authority may terminate this Lease Ageement for cause by giving Tenant riot less than three IS)days'
advance written notice to vacate. Any breach of this agreement by Tenant is cause for such
5t2
termination. If Tenant does not remove its aircraft and all other property brought onto the premises by
or on behalf of Tenant. the Authority may summarily remove all such property without any liability,
ca
9. ACCESS, SECURITY AND KEYS: Tenant expressly authorizes the Authority's Executive Director,
or other duly authorized representative or agents of Authority, access at all reasonable times to the
Premises. Tenant agrees to always cooperate with the Authority in every respect, including security
rog_ulations. Security of the hangar and all property therein is the sole responsibility of the Tenant.
Tenant shall provide Me Authority with a duplicate key to any lock or locking device that secures the
Premises The Authority shall not be responsible for theft, vandalism, pilferage, or other damage or
Page 2 of 6
Form Ejlealve 3,"?.k.'i1 1,Reoised January i 3;ReViSed 12-10-13
Packet Pg. 2190
16.G.a.a
-Exhibit A-
io t4lany property except e'en which may reset beesithe t Lack tr other tooktpc deutet ` 'tit ti d
A ttts is not restocked through negligence of the utMwr
I- FRGS C Y styu A TIONS;
aircraft temporary,its rs t the discretion off# the F ctaiy ; tytttvtsr° recidcd st ar
rs, ur prow t.^.a`.t 3: alfcraftfrom t n`i I expos= :0 ..Cos tardanue0 t ate of fle
«tt��`r�tatt>r'4
LtAkSE, iANUAL Imam i :2 bo provided with rho A"wllt rtt ' a,A.` ti." Nlanuaij[a wr:''s-r, which
dlr. Authority :s od from tame to time torms of dtrs Arran-Lai Utah ,no d to be
tncrciachhod by rcfcreocc into this Apourartn.anti Toroth shaft he bound ^, tho towns of this Lcoso
ManuaL a.r „t rho ; day of Inc second rtt reeeieles s(e,} of the loace Manua; or on
arrhontiod Loam Marital. With norocat re any rzrms u ths horse Ageomeni whtch .: brt crtttttn: _ t
Cho c Manual, the Lcasc Manua: shah -urt'rt i..
it's...,11:c D (UL TKr\I enam shall rumni.y withale .'tr ty's punit,shoti Rahn, and ra
us,ziwijnotei for. Ltr,s atiptur whicht..; ai, the. els set fortit above. assuchet t mre
a:whiled titan Wile'IV time ify the Atithortyminding,t:"t,'r .Stash ntasonahic.:and uretr.r:'2i i :r art !ern: r,trt et'
Charit , by from now tit rano bc tz vtzd for airfield ope000ktai polite es 33401 services;way F.,:,t t
:Se et ept . tt 1 elYatply , .ttkan) and all tonic p onutt ttta t ,: kr.
ro tti rrotts. 'Imam shall net lithar arty , -aids or placardsm be normal ter on the rnts.vc
",shout draw wri-trarr,amrovai t"the Authority,
11, ASS h€ 1/4.17.N.t Th3 Lcuse Arrant-ant :s perrorte t: i assts . Tenant chats not astrrIca two°t
nee :r i t
the t --., :rr e thereof without k ithee or nen anntoaai from trith,°r C
hnn a e rt.%a!shot:to in tiic irpor 1,1:M71471-i-sok swat hors
r'tiht-tr rit'et („rt Of t.st`\'t' t.`31 the event of the frho Ott ariA t tXlar c €cr a-t„` motz. >tn r'rans Lon o. .M.
t! t t>t am other choke rhatsoc-roc zpinrc the t{rrnroas ce any a prtn attar S ton.{Y Y(hump ,,sr t arm "«;a"
p
+rte haat, : a t) :filch-44m t e. . t Y±,"ra chro ° tct shah r ksar' trrT ta. aaf:i;tr*":'+.k"$-«'
4 rr In rho ?rent s arant 5,dEa to " : 'hast t scar tdt try r.roil" 1. ansuch 'achy or
nh __ .."Il5» 4tatie`h hport t telt Ot' sprot sortuto nulla:. .dT ihnhant. shah hare:he °r .Inz and°t"ro%eco" �.
or tr. ;s, ..o_e.' r rc:tud:ng payment to secure the-.ukase or any ,,,ach sten or nruirgc, and art)
.[rust tt so nuo '.''#'the :\iw±rt sty mc2tit..tt r., trio Vt n+ »Ott tef= re Stts . w z ei..etsale
can
„Pt..:rm i "aa" ate r tt t Joe her er ."":'cr t et:3w tt: rt:c A on t and shah- 7d ,-tl.rth re h
Awa s wez r r r m
-�;".Fx ".:"rr.a�e„+`.4 .�.a*.';,.�"3ro`. '...t" #;tont :tont, > '":,.:tt't=�?'"tt�" arr.. tx;�'�E>�`�.$ .:�,>:`.".d�,.,""mkr ..x,.
as
JIM -s.:'s5;"A f it rN T r,"+a t l= -darn defend: , .,ta< ; r'y w rth nit Art ."ta-> ty and .. .r -c or a:h t',s, 6d
ntr r a no rw"her '=
t. t=z ar : +, t tf t.°t: ,i3r."i e from
awahro any and a. p >:ra :,
nthennto, n ,. i. zostau cn.t:" c tat fuck Attorneys' a.. t. as :c tcsort of
a..„ r ..n. ni44 . tw° .
riatiohy, Floc oi +nx sicker :Jahn:: MM. t...atcra,
atAl. of the thea n: ca E tttc -'.nett Ary arid ah r''titzt p `: . ;'S': z L* ° t 'i errant
empr e ,r-rarcs: :sca s. gursu ,eh 9.w'zab ".4 ehnztrari ,. ;•.z"a.t
chant r soit :err =,t&mar
ts.litt SiLN1 "t"enant shah %count anda 'imia.. ;r3 chro, ,w, rt
(or tts actrretcs on :iv Aar eel, a -a H.Prt caa s, Plc-morn $ of ;crt ntn erne rty
the 8 "t:s
tosituines°ew'r "nth.Tt rhar,€ .te e manna,. -.tt Law n‘re tnern,. tri arsw:tti r_rolvt', a. i
P e 4•'#w.xs .z...ad'" a a -;,> ir,9 g d6r
1 cket Pg.2191
116.0.1.a
-Exhibit A"
have coverage Imutatioth murder;no less # . ,Sl( l.a . person and f l.t . ..t. z inuidont
and
suit tot be subject to . elt ral craw ett- a. titer bur 3l days prim written of
such nanctilattort or trtatenal e t r 'to t y Wizta barn vehicles ## ragwiden fikR Part IC!
re not rearmed to insurance co « ° limns list . l' #n shall see= and deli to
Au a'ty amoral-tate tttsuranen certificates - t& c:oldie tom u Teti # •haeundet Said
insurance poky or policies raording .ten cm _;' as wed as the insurers providing same. shall
be
vidueol to the .; 4kirview Lod a 4%-al of Authority d unterance policies shall eon=a clatraC Or
aidotsethem by wtoch the na ' .'Tial aat'a~s all rights of subrogation aphis.: Authority c +.c rt
what tete hlithOrny or its Agoras arc guilty of a sputnik act of tiogrigerait, Iwsadariec roautr n
expressly .tin"to change in the:^qtr: Man .-.
c
a
SURRENDER-DAMAGES: a s at hz termination or the luso, w: l drunediately Strtrttnikt: a
reloase arid old up the preuhrim to the Authority rcai, tw quietty and to goodi 4,- and eondthom siak
maseratile'wear and tear Wainvwd,,and fano%ao to do vial ihh US rental to Augaginey lot n c tent tin
Peed :via: ooh :r uottinelde the oar of Toi DrillartiSIO VII plus one e ill the thhhahh Matt itt m
as the"im $>sale rerrninatiOn. s foe any 514CR penalty or perform 44 rhay be provulea in
the o
t tee, at the tight. of the Authority. tam' ' that tar provisions of this etausc shati not be decried a .t
sa.v"t Authority tf any right of re t+;•as herein t ., nor %tall the re ,e;pt of d rent.or T
.ixtrti thorthh or any otheit actit$ . w, .••. allinoabori of tonthey. by :.. t °, operate as a arver Ott r;rt cc
nee. ar. moody av° Rt 'l to tohereunder for a bread:of r Of the zeohnotrits :gin a :,,4 in the i-
haze ni
agreement Irfpon the oxpiratou ur tertrination of the tea . Tenant shall riaTiOve th personal n
T ncry and equipment from the ` ,and Tenant shalt he 'tank the and pay,f )) eathapit cats:
d
th thec of the hou tiiie4,
or inner t of Audi ac a of l t act a
I tutu rctt� ai or''ith remove Tern i i .., 4 .. to .l hut lira,t3 tl to arty andall coda; a
t` tc cit d s the th t :rt. .. ry irk outing T r Q
ti.
to
l l„ At l .TERMI :, l t
va
A in tue event°invalid by Tenant in the laymen:,of the l antiphon on the day tn:Natrir
' oes
due or payanle. ;Ankh&faith continues for 1,4,7nt;0) c .or es of any default .y Tome ca +:. a
r-spent any ottw covenant or ono; f Tenant '+`4a4+" the knit arcane= then in : tw either a-t rz
z
teat evennii Authority at ;.s ct : tt , at or rcr the etton of ten ON da.,'previous tactic :3 WOinng
aa iiieb defiant Sera IS PrO414edbelow to Tenant may li.e-foci"otunt aria renthriatiun of the tee c.anf. g
mat tone all tem dug or to ticenot due mkt t 1 hen R term : Inclause. €W become
of
a nt,.:'l t:1 ::and PaYabit: ::
a`a
PfLoitonit Ott:* ..Aphanoll Of Cla.hthO, With c„ ' 'tt c
lerrre �'
,i,,,,-,:;:. ,,,,',,,,,,,,, .434., if nifeehoetio famoiir I ening fx an:. hoorrtg hoKopyar$ iiied Pertnio-, ender
.i.:."trra 'rh.`t hate to atty rem a'- {lit:lr might.t. other. i er fur. a ithibie. Tenant '8 thins. 4 tr-titarin +
teftion of the firefrofiefsof any s ;et tt pro 36.` ri"+ '3S :tante g & and noon
tip
.. . .�.etch �42i1' wkaGt"s't"tr�•••a °vt°+ r��°�'t t a"'�.d4w�aa..`s�tr`��""T• §%:` :3ti+«r w P:.xxT ° h ,.a•.t.:ia4.tlte%°['
S Aa.an ' €t father iha hair!tie ogle ti .` ttt� �.: ,aa 4N'' ra< as ie: rt of!tut totthrnahR
oa t f oro �=-t`iron of Teta- the h=tatrttsr a o
h.,‘.; `,��» �t,al#�9� t#x�. t:�3iit�a`�"s°,'"S s Tenant. :: ; aa'^>� Crr:�A_, ¢;d ,r
x 'g" 'rre rtz. >u omr. " `i PIhay. chant for '
. .t,.
��a.=a .,�a Cr �r;:�;laratxt� t`�.'t `"ttl?t� �,e�" t. � r �� « rtar
Yhah7IT act « "a"'.cti cr . lie appotrinunt of a recover or "trai^a s: to F ,.:r 4r to: hopar: €,int or R-
I
I"..>'rta aa.`,. ass 4h:re tat tae;7r"„ '"t it",?tt of thr a ,> trrtt.:
haa i-,1 ,
7 art ,L4,4..v 4 < :t Re,_aar"'; tr- ,-ami :r ,4-f ''f,:`.1- ;t
Packet.Pg.2192
16,G.1,a
Fahihit. a"
T.' the bernierdse tit, rn stem: he inaxklatort ro and nor in derogation of ten rctttors
nAF';tided tit the Lease or avoilahic at LawormNcstt '
tCTION OF PRI:MISES, In the coat the the Premixes or the sr " r *a$ lomat
'hall °:Srn t hu ID pet by " >of thal cam. may tete.this
I o p or,Al its COttt Onti expate.ritzy z"x rrrVeran to Atithilfris ° ,. r- t. tt i t
€ o matt to b he ...Yalta)thi t the ¢etd o" t a
t«M:tttkr�nt^&RriA'*4w. iFw$ Shill thirty Opt ��� AT4 bM of Sr1#.3 � #�s4�#�t. $3 such
p9 �y.� w,j a
-Zetriv:°_boob .;4 t:. ro S`rn s•.,:.. FJ tuft a xuri �ied turxt nte y c .
tt AAP i f a t .V ; ,OP ; -1: Ube A ty Itttokiatrlottl the rtg . to f .ast:lt or tr entree the
lai aa,„; and "4h ^ i ° ttf tiro o.p rt .44,,vs tes,hrdiess +> tCottvetiktOtCctt acttras or r • of°the
lottant..ts ° Atoottt ttOtttiktrOtX Or ttindraMtt
VIII RNEY FEES. Tom" t shall pay the atar a tate tort au!« son to=t„At-tor `tk fees whatever
er
itt
ate bdeetbortry netatnr. the *nice of to anancy ro collect e .:re ,r. or to CrOttrats mho-r ert
aaraitho a t forth et this.ezdtcr or Leos<Mtuttetfer
Q7
e... AiRdrAT t)P RATI(ISS. Tentett ;hal prevent atbt use oaf .: ::xP. *bleb ,taottdd interfere tr
ar tofnerbetb,tffert. Otta , M41 or matmirmarwt attitc ».tt orL ridatarinita rt fait torport 141.-2Ot.: i444d
Jot!4.4 dt«rw t" ;enc'i.t:.":t of .)tst r 1growth taut other tterbtanttettms turf: rbettnisettz c^a
.l"4 s ort , sty is
ly with Fetiesne, Astatonsflanc ,Pan
( > : r fr)„ It at arry rant dtenetg the tem of the 1 ,title a=the aaf 1e:_ra t adt a'!
of tit.. . ahail tanam m cotatkratiatiott protaxiinga or by art).' rt r of c:rtt.ob:, : .. the
f iretom,& tetteset ;:t',31i temorddc and node
on the dant et `tie t r one, *l the 'a t ;r.,, 3tOOT stat, t
stat'd w ho.buterr'.° €a 86 got cd And i to -t."F the this x` h'.",.r. h g `:S'�.. €re inY'��� k "'1aderr itt—t st era
w3F .s.4ta.«.� �.-a€x.Fi� t9.4 � �o:�„aptpf"a
i.aoi chards 3:€'.. `' t? v g'"t,w ey as v,, a m }. e»e
t1 kt t v 3'; to �. 4 rI Lt v �'a'v� r ..s, ��.. s9S'
g°tt~:eent,mean blhon ustpropettittb teneent*s reivaiCp"ati.-t'a,t`.k, y...
ta,S MULA ;.-\ t WAIVE 'Inc. rights and fa s is gruned t •Arthhor b tender the _
,raw '.or enl f be deemed to et:rSid tbra+at4 nor c$u .. l tadii:"a.'x a;„.tn,ale a: ria. ;,rear. Q
aob. t r":a a uch'tt i7t or r'o"' tc.t shod not +"'»#.`a to be a t'5.i crr arni not ;'‘Initade the.e:~morin 15.
o ,x uth w "tart „g* terfttitt, al a tatet 1. t;..:.
tt «ll\"_,\ - g tr\ib': ' or as r.t ..t t tc ria t ¢t{t oihxot , oil :txttot
ta„"1,+. .rt pS' aat:ar xtOagY`And " I ��'�t , i t ;tiPatsr$=_ t_ *€tt t';t'� r» . a4'� ;,.
i.t o :, 4+_ 'tea '4 u:ioro. and oilier ,teury s t`-6 the .:n t. d .1 oda 'ta et:t" nor. the
At::-, '`,:teat. :tilt to man as"a +. satin ,:.x '...a,,u.tis - ,t ,tt;.;wAt t a4, . toed?a> .a<. 5 gt;te art n>w;pt
:.t$' »<«...» 'or naval or:"faux use, at d..d suet 4v t:te. r e r.ut .» roe#*ton t, ,ad :.1t8"_ .or °`:t tort: rtt
itts !O . i arc 1%;,atni t. tt att. . tl pB4sw*°4a r4'. a r . t It 'n 01\'-zrrtrr '1. 'tt;.. og3i"4 it
o.. at.+, .` _
V1ll a '- 's:��.'+ ..s. c aa: .ti'�4`itSa, ..,a ..mE't"ar ., tx' 'us
" :=4 t'rr»t,t.d Nut:, rap; e, :fur ,''orarto: t toos.rta' sir ,. .".° ,t;
t: c ntZr, Sot :c'g. Wart r...gtt.4 :t Su .> . id'to .a,,,...>ztw1 t.'v .»`.Fr'«tit: .:tr e � :
bora..,, _ lender otrittent of the Arc.# rib :44.
p
Packet Pg.2193
"f:xhibit A-
IN WITNESS°4 HFR :O .the i h> their duty tr c r tl
r tw#ttliS1.412..W Agreement en the die first above written..
AS TO TENANT:
(Pri t namr
y
$ � p*IThership.fie,)
Q
tST:lAC EOKti l`
COLILER C tfUNTY AIRPORT AUTIIORITY
o� a
l as l ,, ,,Ftna ,,, ate ..r
° t .w
s:
4
C
r
a
6
4
c
Q
1":47 6of6
[_Packet Pg.2194