Backup Documents 12/13/2016 Item #16G1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L 6G i ;
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office
4. BCC Office Board of County
Commissioners \/14/x/
5. Minutes and Records Clerk of Court's Office --� 1011(3 k6 (90-x
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Debbie Brueggeman,Admi ,Airport Phone Number 642-7878 Ext.34
Contact/ Department Authority
Agenda Date Item was December 13,2016 Agenda Item Number ,b_
Approved by the BCC
Type of Document Debt Payment Agreement with Raven Air Number of Original
Attached Documents Attached
PO or account number N/A
if document is to be
recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S �"`P O , N/A
2. Does the document need to be sent to another agency for ad• 'onal signatures? If , N/A
provide the Contact Information(Name;Agency;Address;Phon- :• .• at. •-• sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. •
4. All handwritten strike-through and revisions have been initialed by the County Attorney's ' . ((
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the e _a_1
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into Accela. ; , of)
Some documents are time sensitive and require forwarding to Tallahassee within a certain `d
time frame or the BCC's actions are nullified. Be aware of deadlines!
8. The document was approved by the BCC on 12/13/16 and all changes made during •
flk..M
the meeting have been incorporated in the attached document. The County •• t •
Attorney's Office has reviewed the changes,if applicable. :;0.
9. Initials of attorney verifying that the attached document is the version approved by the a;+m
BCC,all changes directed by the BCC have been made,and the document is ready for t �
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
MEMORANDUM
Date: November 14, 2016
To: Debbie Brueggeman, Operations Coordinator
Collier County Airport Authority
From: Teresa Cannon, Deputy Clerk
Minutes and Records Department
Re: Debt Payment Agreement with Raven Air
Attached for your records is a copy of the agreement as referenced above (Item
#16G1), approved by the Collier County Board of County Commissioners on
Tuesday, December 13, 2016.
The original will be held in the Minutes & Records Department for the Board's
Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachments
1 6G 1
COLLIER COUNTY AIRPORT AUTHORITY
DEBT PAYMENT AGREEMENT
This Debt Payment Agreement (hereinafter referred to as "Agreement") is entered into
this (3+h day of 2,ctivv1/4A,/p-(A_ , 20 31.0, 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. Former, its Manager and Owner, in his individual capacity,
whose mailing address is 1625 Chesapeake Ave, Apt 102, Naples, Florida 34102, and Collier
County Airport Authority, whose mailing address is 2005 Mainsail Drive, Suite 1, Naples,
Florida 34114, hereinafter referred to as "Lessor or Authority," collectively stated as the
"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,
dated June 14, 2014 (hereinafter referred to as the "Agreements"), attached hereto as "Exhibit A"
and incorporated by reference;
WHEREAS, Raven Air presented owes the Authority $11,793.52 for fuel and rent it
puchased while occupying the property;
WHEREAS, 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;
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:
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
$11,793.52, 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.
06�
1
16G 1
4. Raven Air and Mr. Jeffrey Fonner, 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
deemed to be an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Lessee and Authority have hereto executed this Debt
Agreement the day and year first above written.
AS TO THE LESSEE: RAVEN AIR, LLC
//al _ BY: (f
Wit ess .i: e) Jere 'o 'er, er
Lb
.r.nt name)
AI A it i Am k.
Witness(signature)
kkO .- lf\
(print name)
AS TO THE LESSOR:
DATED: COLLIER COUNTY AIRPORT AUTHORITY
ATTEST: 4 1;&
111712DWIGHT E. BROCK Clerk BY:
DONNA FIALA, Chairman
Deputy Clerk
Attest as to G, ans_
signature only. `
Approved as to form and legality:
Jenier A. Belpe ' Assistant County Attorney
410 2,,�
"Exhibit A"
1 6G 1
COLLIER COUNTY AIRPORT AUTHORITY
STANDARD FORM LEASE
This Lease, hereinafter referred to as "Lease," is entered into this2'4 day of 3 unc.„ 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:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
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:
1. Conveyance. On the terms and conditions set forth in this Lease, and in
consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the
present possessory interest in the Leased Premises described below.
2. 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."
3, Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
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 perfoimance 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
"Exhibit A" 1 6G 1
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 written
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.
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
of this Lease shall commence on a day other than the first day of the month, Lessee shall pay
rental equal to one thirtieth(1/30th)of the monthly rental multiplied by the number of rental days
of such fractional month. The lease rental rate shall at no time be less than the Base Rental. The
Lessor and Lessee, however, agree and stipulate that the lease rental rate may be unilaterally
increased by the Lessor, annually, effective October 1 of each year, in accordance with the
Lessor's lease rental rate adjustment program. Currently the adjustment program is based on
changes in the United States Department of Labor, Bureau of Labor Statistics, Consumer Price
Index (the Index for U.S. City Average for Urban consumers). 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.
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
Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use
of the Premises, Lessee shall pay all costs, attorneysfees, 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 shall not be subject to liens for improvements made by the Lessee and liens for
Page 2 of 11
"Exhibit A"
16G1
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
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
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
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
may erect appropriate signage on the Leased Premises and the improvements constructed by
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
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
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
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
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
date of termination, Lessee will cease its operations as may be necessary or appropriate. If this
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 caspAlty.
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.
Page 3 of 11
"Exhibit A"
160 1
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
requiring Lessee to demolish and remove all improvements made by Lessee to the Premises upon
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
• 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
• 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.
a. Lessee shall provide and maintain a Commercial General Liability insurance policy,
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)
days'advance notice to do so.
b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance
covering all employees meeting the then existing Statutory Limits in compliance with the
applicable state and federal laws. The coverage shall include Employer'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
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.
Page 4 of 11
"Exhibit A" 1 613 1
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 1-fired Auto Coverage, each said policy in amounts of
One Million and 00/100 Dollars ($1,000,000.00) combined single limit 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 liability and clean up coverage.
1. 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
be provided to Lessor do Real Property Management, 3335 East Tamiami Trail, Naples,
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
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
requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee
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
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.
17. Defaults and Remedies.
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.
Page 5 of 11
"Exhibit A"
1 6G 1
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
condition made under this Lease, which failure is not cured within ninety
(90) days from receipt of Lessor's written notice stating the non-
compliance shall constitute a default(other than those covenants for which
a different cure period is provided), whereby Lessor may, at its option,
terminate this Lease by giving Lessee thirty (30) days written notice
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
reasonably required to correct such default). However, the occurrence of
any of the events set forth above shall constitute a material breach and
default by Lessee, and this Lease may be immediately terminated by
Lessor except to the extent then prohibited by law.
b. Remedies of Lessor.
In the event of the occurrence of any of the foregoing defaults, Lessor, in
addition to any other rights and remedies it may have, shall have the
immediate right to re-enter and remove all individuals, entities and/or
property from the Premises. Such property may be removed and stored in
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
being deemed guilty of trespass, or being liable for any loss or damage
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)
days. After such time, such property shall be deemed abandoned and
Lessor shall dispose of such property in any manner it so chooses and
shall not be liable to Lessee for such disposal.
ii. If Lessee fails to promptly pay, when due, any full installment of rent or
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.
Page 6 of!!
"Exhibit A" 16G I
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
reasonably required to correct such default) after written notice to Lessor by Lessee
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:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Lessor under this Lease.
ii. Lessee may cure any default of Lessor and pay all sums or do all
reasonably necessary work and incur all reasonable costs on behalf of and
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.
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 every other remedy given under
this Lease or hereafter existing under law or in equity. No delay or omission to exercise
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.
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
• "Exhibit A"
1 6G i
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 1st 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,
rates or charges, as may from time to time be levied for airfield operational privileges and/or
services provided at the Airport. Lessee shall also comply with any and all applicable governmental
statutes,rules,orders and regulations.
Miscellaneous Legal Matters
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.
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
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
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 11
"Exhibit A"
1 6G 1
cc: Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 34112
If to Lessee: Raven Air Marco Island, LLC, dlb/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
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.
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
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
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
leave, severance, life, accident, health and disability insurance, deferred compensation.
retirement and grievance rights or privileges.
25. Neither party to this Lease will be liable for any delay in the performance of any
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
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
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 and/or 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 9 of II
"Exhibit A" 6G
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,
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 in
participating in, denied the benefits of, or be otherwise subjected to discrimination in the use of the
Leased 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 participating in, denied the benefits of, or otherwise subjected to discrimination; (3)
that the Lessee shall use the Leased 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, Nondiscrimination in Federally assisted programs of the
Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, as said
regulations may be amended. That in the event of breach of any of the above nondiscrimination
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
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
under which the Airport Owner 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 teuns and
conditions contained in the lease of said lands from the Airport Owner, and any existing or
subsequent amendments thereto, and are subject to any ordinances, rules or regulations which have
been, or may hereafter be adopted by the Airport Owner pertaining to the lmmokalee Regional
Airport.
Page 10 of 11
"Exhibit A"
1 6G 1
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 (14) 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,
d/b/a Island Hoppers
. j
1
i41Ai� By, : _ :,_
/"rtness 'cgnature) --"".1. AVID • OM, Manager 1
of OR)Vic410
(print name)
i
0 r Ce-,7"7
Witness(signatuel
(print name)
AS TO THE LESSOR:
Attest: Board of County Commissioners of Collier 1
DWIGHT E. BROCK, Clerk County,Florida, serving as the
Collier County Airport Authority
f
Attest as to Chairman's i r, yr TOM HE i IND, C :IRIDIAN
signature only, - /
rApprov• m legality:
Allilli j
Jeffrey A 1—ill ow,County Attorney
Page 11 of 11
1 6G 1
EXHIBIT 'A'
Marco Island Executive Airport
Terminal Buidling
(not drawn to scale)
COUNTER
and Airport Manager's
Counter A Raven Air OFFICE Office
D/B/A
Island Hoppers
Leased Premises B
Administrative Offices
Flight Planning I I
OFFICE
Counter C
Restrooms I Pilot's Lounge Restroom
I
Front Front
Door Door
"Exhibit A"
1 6 G 1
T- HAN AR LEASE AGREEMENT
(7,
- COLLIER COUNTY AIRPORT AUTHORITY
0 -
2005 MAINSAIL DRIVE, SUITE 1
NAPLES,FLORIDA 34114
(239)642-7878
THIS LEASE AGREEMENT is made and entered this 751 day . 20 /,`,
by and between the Collier County Airport Authority(hereinafter referred to as"Authonty"),and:
Name:
Type of Entity (circle one):
Individual
Corporation(insert State of Incorporation):
Limited Liability Company(insert State where formed): -5"...,. . ..„ ,...-4.
___
Partnership(insert State where registered): __
_
Other(describe): _
Phone Number: e.3 7_7_
Address:_ 2...z>r.- ..-1/ . ..1./ .17,- Dot
(hereinafter referred to as"Tenant")
1.PREMISES:The Authority hereby leases to Tenant T-hangar A 4 at the M k V Airport.
2. AUTHORIZED AIRCRAH: The Premises shall only be used for the parking and storage of the
i
Tenant's following described aircraft:
Aircraft I. D.: Ai_..62_.1' 1,). y Aircraft Classification: -6,
Aircraft Color:
Aircraft Make: ' ,
Aircraft Model:
-TO YA i 9
3. TERM: The term of this agreement will commence on the-1-031-ehrpop - - , , and
will continue on a month to month basis until at least 30 days' advance wri notice to terminate is
given by one party to the other. The Authority may terminate this Lease for cause, as defined below,
on 3 days written notice to Tenant.
4. RENT: In consideration of the rights granted herein, Tenant shall pay the Authority during the term
of this Agreement the base rent and related charges applicable to the Premises in accordance with the
uniform rate schedule in effect and published by the Authority, together with all applicable taxes,
including state sales tax. This rate schedule is subject to adjustment by the Authority. Any change in
the rate schedule will become effective with respect to the Fee owed by this Lease as of the 15'day of
the second month following such change. Payment shall be due in advance on the first day of each
month without demand. Any failure to pay the fee in ftill and in advance shall require payment of a late
fee equal to thirty dollars ($30.00) and any failure to pay in full and on time shall be cause for
termination for cause of this Lease. In addition to a late charge, in the event Tenant fails to pay the
Page 1 ef f 6
Form Effective 3/811/:Revised January I-8-13;Revised 12-10-13
"Exhibit A" 1 6G I
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." Tenant 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 at/in
the premises.
6. LIABILITIES: Tenant hereby waives all future claims against the Authority, its employees, agents
and/or 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
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
Agreement, including storage of any flammable liquid or gel in the hangar or in the aircraft, and/or
storage of other than aircraft fuel and oil in the aircraft's tanks is unauthorized use. Hazardous
materials are strictly prohibited.
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
repairs therein are prohibited. T-Hangars are not to be used as sleeping quarters or storage of personal
vehicles with the following exception. The aircrafts owner's vehicle may be parked in the hangar
while the aircraft is in transit. Within the T-Hangar, Tenant shall be permitted to perform only repairs
and/or maintenance specifically authorized under Federal Air Regulations, Part 43, Section 43.3.
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
leases T-Hangar space at the airport. If a T-Hangar Tenant desires to have a mechanic or technician
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 sign 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.
8. TERMINATION FOR CAUSE: Notwithstanding the notice provision of paragraph 3 above, the
Authority may terminate this Lease Agreement for cause by giving Tenant not less than three (3)days'
advance written notice to vacate. Any breach of this agreement by Tenant is cause for such
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.
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 limes to the
Premises. Tenant agrees to always cooperate with the Authority in every respect, including severity
regulations. Security of the hangar and all property therein is the sole responsibility of the Tenant.
Tenant shall provide the 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 Effective 3/8111;Revised January 1-8-13;Revised 12-10-13
"Exhibit A"
16G I
loss to any property except that which may result because a lock or other locking device opened by the
Authority is not re-locked through negligence of the Authority.
10. EMERGENCY SITUATIONS: In the event of an emergency, (c.e. hurricane)any vacant hangar is
subject to aircraft temporary occupancy at the discretion of the Executive Director provided such
occupancy is to protect the aircraft from potential exposure to loss or damage because of the
emergency.
11. LEASE MANUAL: Tenant 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 Tenant shall be bound by the terms of this Lease
Manual, as of the 1 day of the second month Tenant 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.
12. RULES AND REGULATIONS: Tenant 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, rates or
charges,as may from time to time be levied for airfield operational privileges and/or services provided at
the Airport, Tenant shall also comply with any and all applicable governmental statutes,rules,orders and
regulations. Tenant shall not allow any signs, cards or placards to be posted or placed on the Premises
without prior written approval of the Authority.
13. ASSIGNMENT': This Lease Agreement is personal to Tenant. Tenant shall not assign this Lease,and
may not sublet the Premises, or any part thereof without advance written approval from the Authority,
which approval shall be in the Airport Director's sole discretion.
14. DISCHARGE OF LIENS: In the event of the filing of any mechanic's lien or materialman's lien or
liens,or any other charge whatsoever against the Premises or any improvement thereof during the term of
the lease, (or any extension thereot).Tenant immediately shall take all necessary steps to secure the release
of same. In the event Tenant fails to take reasonable steps to secure the release of any such liens or
charges,the Authority upon ten(10)days'prior written notice to Tenant,shall have the right and privilege
of taking the necessary steps, including payment,to secure the release of any such lien or charge, and any
amount so paid by the Authority including reasonable expense and costs (including attorney's fees),shall
be added to the rental due hereunder from Tenant to the Authority and shall be paid by Tenant to the
Authority immediately upon receipt by Tenant from the Authority of any itemized statement thereof.
15. INDEMNIFICATION. Tenant shall defend, indemnify, and hold Authority and its officers, agents,
servants, representatives and employees harmless from and against any and all loss, damage, actions,
lawsuits, claims, cost and expense (including attorneys' fees), as a result of any personal injury, death,
property damage, penalty, fine or any other claim or suit of whatever nature, arising in any way from
Tenant's occupancy and use of the Premises or the Airport. Any and all other personal property of Tenant
or his officers, employees, servants,agents, guests or business visitors shall be stored and otherwise used
on the Airport at Tenant's sole risk of damage or loss.
lb. INSURANCE REQUIREMENTS: Tenant shall secure and maintain in force at its expense liability
insurance coverage for its activities on the airport, occupation of the Premises and on Tenant's liability
under the indemnities set forth in this lease manual and in the lease agreement The insurance policy shall
Page 3 of 6
Form Effedive 3/8/11;Revised January 1-8-13, Revised 12-10-13
"Exhibit A"
1. 6G I
have coverage limitations providing no less than$100,000.00 per
person and dent and
shall not be subject to cancellation or material change except after thirty(30)daysorlwritten per notice of
such cancellation or material change to the Authority. Ultra light vehicles operating under FAR Part 103
are not required to carry the insurance coverage limits listed above. Tenant shall secure and deliver to
Authorityappropriate ppropriate insurance certificates showing evidence of the coverage as required hereunder. Said
insurance policy or policies providing such coverage, as well as the insurers providing same, shall, be
subject to the prior review and approval of Authority. The said insurance policies shall contain a clause or
endorsement by which the insurance carrier(s) waives all rights of subrogation against Authority, except
where the Authority or its Agents are guilty of a specific act of negligence. ar
expressly subject to change in the Authority's Lease Manual8 lie thsur`utecre
gtrrretnents are
.
17. SURRENDER-DAMAGES: Tenant, at the termination of the lease, will immediately surrender,
release and yield up the premises to the Authority peaceably, quietly and in
reasonable wear and tear excepted, and failing so to do willgood order and condition,
such pay as rental to Authority for the entire time
possession is withheld, the sum of Ten Dollars ($10.00) plus one thirtieth of the monthly rental in
effect at the time of said termination,per day or for any such
penalty or ovided in the
Lease, at the option of the Authority; provided that the provisions of this clause shall not
pment be deemed a
waiver by Authority of any right of re-entry as herein provided, nor shall the receipt of said rent, or any
part thereof, or any other act in apparent affirmation of tenancy, by Authority, operate as waiver of any
right or remedy available to Authority hereunder for a breach of any of the covenants contained in the
lease agreement. Upon the expiration or termination of the lease, Tenant shall remove its personal
property and equipment from the premises,and Tenant shall be liable for and pay for any damage caused
to the premises or any other property of Authority as a result of Tenant's occupation of the premises,
Tenant's removal or failure to remove Tenant'sproperty,
incurred by the Authority in removing and storing arrropertyg but not limited to any and all costs
' property.
18. DEFAULT-TERMINATION:
A. In the event of default by Tenant in the payment of the rental obligation on the day the same becomes
due or payable, which default continues for ten(10) days,
by Tenant with
respect to any other covenant or obligation of Tenant underr the
agreement, then aunt any or either of
such events, Authority at its election, at or after the expiration of ten(10)days'previous notice in writing
of such default sent as provided below to Tenant,may declare a forfeiture and termination of the lease,and
at that time all rent due or to become due under the then existing term of the lease shall become
immediately due and payable.
B. In addition, Authority may re-enter said Premises, after expiration of effective notice, with or without
process of law and, if necessary, remove Tenant or any Y persons occupying said Premises under- Tenant,
prejudice to any remedies which might otherwise be available. Tenant waives
possession of the Premises and any structure, or improvement any demandd on
termination at such election of Authority,Tenant surrender and delivertthe en sPre vrises ituated immedireon, atel upon
y
C. Authority further shall have the right to terminate the lease agreement in the event of the occurrence
of any of the following: insolvency of Tenant, liquidation or dissolution of Tenant; the institution of a
voluntary or involuntary bankruptcy proceeding by or against Tenant; assignment
benefit of creditors; the appointment of a receiver or trustee to manage the ro e by Tenent for orh f
Tenant fails to adhere to the provisions of the agreement. A petty of Tenant if
Foran Effective 3!8-11',:Revised JanPage of 6
tam 1-8-13;Revised 12-10-13
"Exhibit A"
1 6G 1
D. All the remedies referenced herein shall be in addition to and not in derogation of any remedies
provided in the Lease or available at law or in equity.
19, DESTRUCTION OF PREMISES: In the event that the Premises or the improvements located thereon
shall be destroyed in whole or in pan by fire, or other casualty, Tenant,at its option,may terminate this
Lease or,at its cost and expense,may elect in writing to Authority to repair or reconstruct said Premises or
improvements. Such election shall be made within thirty(30)days of the date of such destruction. If such
election is made,rental payments shall continue unabated arid uninterrupted.
20. AIRPORT DEVELOPMENT: The Authority reserves the right to further develop or improve the
landing and other areas of the Airport as it sees lit, regardless of the convenience, desires or view of the
Tenant,and without interference or hindrance.
21 ATTORNEY FEES: Tenant shall pay the cost of collection and reasonable attorneys fees whenever
the Authority retains the service of an attorney to collect overdue rents or to enforce any other term or
condition set forth in this Lease or Lease Manual.
22. AIRPORT OPERATIONS: Tenant 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,
23. CONDEMNATION: If,at any time during the term of the lease,title to the whole or substantially all
of the premises shall be taken in condemnation proceedings or by any right of eminent domain, the
afTceted lease(s)shall terminate and expire on the date of such taking and the fixed rental and other charges
payable hereunder shall be : ortioned and paid to the date of such taking. Nothing in this paragraph is
intended to waive Tenant's constitutional rights to be compensated by any government, person or
organization which appropriates Tenant's private property.
24. REMEDIES CUMULATIVE-NO WAIVER: The rights and remedies granted to Authority under the
lease agreement shall be deemed to be cumulative and non-exclusive. The failure by Authority at any time
to assert any such right or remedy shall not be deemed to be a waiver,and shall not preclude the assertion
of such right or remedy at a later date.
25. DOMINANT AGREEMENTS: 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.
Any executed agreement shall be subordinate to the provisions of any existing or future Ageement
between Authority and the United States, relative to the operation or maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to the expenditure of Federal
funds for the development of the Airport.
Page 5 of f)
Form Effective 3/8/11:Revised Jamiory 1-8-13-Revised 12-10-13
"Exhibit A"
1 6G I
IN WITNESS WHEREOF,the parties hereto,by their duly authorized representatives, have
executed this Lease Agreement on the date first above written.
AS TO TENANT:
111 -
(Print name o T)
"44:411110904-1..*
BY:
Title: Al of7r41,.
(If coiporatian,LLC,partnership,ete,)
AS TO AUTHORITY:
COLLIER COUNTY AIRPORT AUTHORITY
By:
Allison Ke.. Finance Manager
'obert Tweedie,Airport Manag-A''
Page 6 of 6
Poem Effective 3/8/11:Revised fairituty 1-8-13,Revised 1240-13