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Agenda 07/11/2017 Item #16G1Proposed Agenda Changes Board of County Commissioners Meeting July 11, 2017 Move Item 17C to Item 9B and revise title to read: Recommendation to adopt an ordinance to establish a pilot program in Immokalee allowing the payment of impact fees by an installment program, as a voluntary alternative to paying the fees in a single, up -front payment with a delayed effective date of October 1, 2017. (Commissioner Taylor’s request) Move Item 16A24 to Item 11G: Recommendation to approve a resolution establishing the Property Assessment Clean Energy (PACE) program within the unincorporated areas of Collier County for residential, commercial, and industrial properties and approve a standard form membership agreement with PACE providers. (Commissioner Taylor’s request) Move Item 16A21 to Item 11H: Recommendation to approve a resolution that approves a membership agreement between Collier County and the Green Corridor Property Assessment Clean Energy District to administer a Property Assessed Clean Energy (PACE) program within the unincorporated area of Collier County, an indemnification agreement between Collier County and Ygrene Energy Fund Florida LLC third party administrator, and the original interlocal agreement and authorize the chairman of the Board of County Commissioners to sign these agreements. (Commissioner Taylor’s request) Move Item 16A22 to Item 11I: Recommendation to approve a resolution that approves a membership agreement between Collier County and the Florida Green Finance Authority to administer a Property Assessed Clean Energy (PACE) program within the unincorporated area of Collier County, an indemnification agreement between Collier County and Renew Financial Group LLC, third party administrator, and authorize the chairman of the Board of County Commissioners to sign these agreements. (Commissioner Taylor’s request) Move Item 16A23 to Item 11J: Recommendation to approve a resolution that approves a membership agreement between Collier County and the Florida Resiliency and Energy District, a Property Assessment Clean Energy District, to administer a Property Assessed Clean Energy (PACE) program within the unincorporated area of Collier County, an indemnification agreement between Collier County and Renovate America Inc., third party administrator, an indemnification agreement between Collier County and Florida Development Finance Corporation, an administrator, and authorize the chairman of the Board of County Commissioners to sign these agreements. (Commissioner Taylor’s request) Withdraw Item 16F2: Recommendation to approve the First Amendment to the Fiscal Year 2017 Agreement between Economic Incubators, Inc. and the Board of County Commissioners to provide start up and operational funding for the Florida Culinary Accelerator @ Immokalee and authorize a budget amendment of $137,965. (Staff’s request) Withdraw Item 16G1: Recommendation to approve a Collier County Airport Authority Standard Form Lease and Addendum with Economic Incubators, Inc. at the Immokalee Regional Airport. (Staff’s request) Note: Item 16A9 title should read: Recommendation to approve and execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $1,024,273 for the construction and construction engineering inspection (CEI) of turn lane extensions and restriping at the intersections of Pine Ridge Road and Logan Boulevard, and Pine Ridge Road and CR 31(Airport - Pulling Road) and to authorize the necessary budget amendment (Project # 33524), FPN 435176-1- FPN 433176-1/58/68. (County Attorney’s request) Item 16D2 title should read: Recommendation to award Invitation to Bid No. 17-7139 to Infinite Construction, LLC, for the Ann Olesky Park Pier Replacement, in the amount of $437,736.94, plus $5,000 for County permitting fees for a total of $442,736.94, and authorize the necessary budget amendment, and make a finding that this expenditure promotes tourism. (Staff’s request) Time Certain Items: Item 8A to be heard at 1:30 p.m. Item 10A will be heard after Item 7-Public Comment 7/20/2017 11:21 AM 07/11/2017 EXECUTIVE SUMMARY Recommendation to approve a Collier County Airport Authority Standard Form Lease and Addendum with Economic Incubators, Inc. at the Immokalee Regional Airport. OBJECTIVE: To approve a Collier County Airport Authority Standard Form Lea se (Lease) with Economic Incubators, Inc. (Lessee) for warehouse/manufacturing space at the Immokalee Regional Airport. CONSIDERATIONS: This Lease has been generated based on the Collier County Innovation Accelerator Business Plan approved by the Board on September 8, 2015, Agenda Item 11J. A lease agreement and addendum with Economic Incubators, Inc. (EII) for this project was previously approved by the Board on September 13, 2016, Agenda Item 16G6. That agreement was not routed for signatures because grant funding for the project had not been finalized. The Lease pertains to Units A and B within the Incubator II building (170 Airpark Boulevard) at the Immokalee Regional Airport. The leased area includes warehouse/manufacturing space totaling 5,274 square feet, as shown in Exhibit “A” (Premises). Lessee may make alterations and additions to the Premises that are consistent with the design plans, as shown in Exhibit “B,” or that otherwise keep with the intended use of the Premises as outlined in Paragraph 4 of the Standard Form Lease. The term of the Lease shall commence on July 1, 2017, and terminate on June 30, 2022. The initial rent is $2,637 per month, plus sales tax, if applicable. The lease may be terminated for any reason with 30 days written notice to the other party. In addition to the monthly rent, the Lessee shall reimburse the Airport Authority for the cost of actual water used for irrigation and the cost of maintaining landscaping within the Common Area surrounding the Premises. The cost of these services shall be $65 per month. FISCAL IMPACT: The annual rent (including associated Common Area Maintenance charges) of $32,424 shall be paid in equal monthly installments of $2,702, plus sales tax, if applicable. The rent and reimbursements shall be deposited into the Airport Authority Operating Fund (495), Immokalee Regional Airport Cost Center. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: Because the lease was not signed it did not become a legally binding contract. Accordingly, this item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: To approve and authorize the Chairman to execute the attached Collier County Airport Authority Standard Form Lease with Economic Incubators, Inc. Submitted by: Justin Lobb, Airports Manger, Airport Authority ATTACHMENT(S) 1. Incubator Lease_CAO 6.30.17 (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.G.1 Doc ID: 3465 Item Summary: Recommendation to approve a Collier County Airport Authority Standard Form Lease and Addendum with Economic Incubators, Inc. at the Immokalee Regional Airport Meeting Date: 07/11/2017 Prepared by: Title: Operations Coordinator – Airport Authority Name: Debra Brueggeman 06/30/2017 3:35 PM Submitted by: Title: Division Director - Operations Support – Growth Management Department Name: Gene Shue 06/30/2017 3:35 PM Approved By: Review: Airport Authority Justin Lobb Additional Reviewer Completed 06/30/2017 3:45 PM Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/30/2017 4:46 PM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 07/03/2017 9:38 AM Growth Management Department Gene Shue Additional Reviewer Completed 07/03/2017 10:47 AM Business and Economic Development Jace Kentner Additional Reviewer Completed 07/03/2017 11:14 AM Growth Management Department Debra Brueggeman Level 2 Division Administrator Skipped 06/30/2017 3:11 PM Growth Management Department Kenneth Kovensky Additional Reviewer Completed 07/03/2017 12:15 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 07/05/2017 9:26 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 07/05/2017 9:52 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/05/2017 12:10 PM Budget and Management Office Ed Finn Additional Reviewer Completed 07/05/2017 2:50 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/05/2017 4:12 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM COLLIER COUNTY AIRPORT AUTHORITY STANDARD FORM LEASE This Collier County Airport Authority Standard Form Lease, hereinafter referred to asolease,' is entered into this _ day of , 201-, by and between ECONOMIC INCUBATORS, INC., a Florida not-for-profit corporation, whose 3510 Kraft Road, Suite 201, Naples, Florida 34105, hereinafter referred to as'Lessee,'and the Collier County Airport Authority, with administrative offices located at2005 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 area, which is the subject of this Lease, is a warehouse/manufacturing space totaling 5,274 square feet located at the Immokalee Regional Airport, 170 Airpark Boulevard, Units A and B, in Immokalee, Florida, 34142, as shown in Exhibit o'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 performance of all terms and conditions of this Lease. 4. Use of Premises. Lessee shall utilize the Leased Premises for the following uses and activities: a. Support and launching of culinary and food preparation production and assembly of culinary related businesses. b. Distillation of alcohol. c. Food and food safety laboratory. d. Administrative activities. e. Other business and incubator and accelerator related operations. Page I of 12 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 above, 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 ifsuch cessation is caused by events beyond the control ofthe 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. 5. Permissible Alterations and Additions to Premises. Lessee may make altemations and additions to the Premises that are consistent with the design plans, attached hereto as Exhibit o'B" or that otherwise keep with the intended use of the Premises as described in Paragraph 4 of this Standard Form Lease. 6. Term of Lease. The term of this Lease shall commence on July 1, 2017 and terminate on June 30,2022. This Lease may be terminated for any reason with 30 days wriffen notice to the other party. 7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises as of July 1,2017, the sum of $2,637.00 per month plus sales tax, if applicable, and shall be due and payable 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 muttiplied 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 Authority and Lessee, however, agree and stipulate that the lease rental rate may be unilaterally increased by the Authority, annually, effective October 1 of each year, in accordance with the Authority's lease rental rate adjustment program. Cunently 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, orpersonally delivered, to the Administrative Offices at2005 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 conceming the Premises. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, future 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, 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 Page 2 of 12 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. 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 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, landscaping, 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 5Yo administrative fee. 11. Ouiet 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. Lessor hereby confirms that Lessee, its employees, agents, contractors, and other business invitees, shall have full and complete access to the Premises by way of appropriate roadways and entranceways providing access to the Premises from a public thoroughfare. Said access shall be available twenty-four (24) hours per day, seven (7) days per week. 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 untenable, 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 'oProceeds," 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 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 Page 3 of 12 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 casualty. The Executive Director reserves the right to waive rental payments or a portion thereof in the case of a natural disaster that renders the building untenable. 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. 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. Lessee may not assign this Lease or sublet any portion of the building constructed on the Premises by Lessee without the express prior wriffen 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. The insurance requirements, which shall be provided by Lessee to Lessor for this Lease, are outlined within the Agreement between Collier County, Florida and Economic Incubators dated October 1,2014, Pages F-1 and F-2. 17. Defaults and Remedies. Page 4 ofl2 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. 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 Paragraph 4 of this Standard Form Lease. 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 Page 5 of 12 Lessor shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. 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 (2Yo) 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. Lessor may sue for direct, actual damages arising out of such an uncured 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 unless access to the Premises has been denied 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 thiny (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 behalfofand 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. 11. lll. Page 6 of 12 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. 18. Lease Policy, Lessee shall be provided with the Authority's Lease Policy, which the Authority may amend from time to time. The terms of this Policy shall be deemed to be incorporated by reference into this Agreement, and Lessee shall be bound by the terms of this Lease Policy, as of the l't day of the second month Lessee receives a copy of the Lease Policy or an amended Lease Policy. With respect to any terms in this Lease Agreement which are in conflict with the Lease Policy, the Lease Policy shall control. 19. Rules and Reeulations. 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 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 Page 7 of 12 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, ovemight 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: Immokalee Regional Airport Manager Collier County Airport Authority 2005 Mainsail Drive, Suite 1 Naples, Florida 34114 CC: Real Property Management 3335 Tamiami Trail, Suite 101 Naples, Florida 34112 If to Lessee: Economic Incubators, Inc., 3510 Kraft Road Suite 201 Naples, Florida 34105 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 ovemight 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. Page 8 of 12 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, without prior permission from the Executive Director or designee, 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 Panies 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 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 reseryes 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,Part7T. 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 Page 9 of 12 coverumts, 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 27 are followed and completed, including exercise or expiration ofappeal rights. 3l. Dominant Agreements and Property Rights Reserved. This Lease 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 terms 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 Immokalee Regional Airport. 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. REMAINDER OF PAGE INTENTIALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 10 of12 IN WITNESS WHEREOF, day and year first above written. AS TO THE LESSEE: Witness (signature) (print name) Witness (signature) (print name) AS TO THE LESSOR: Attest: DWIGHT E. BROCK, Clerk , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney the Lessee and Lessor have hereto executed this Lease the ECONOMIC INCUBATORS, INC., a Florida not-for-profit corporation FRED PEZESHKAN, President BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, serving as the COLLIER COUNTY AIRPORT AUTHORITY By: PENNY TAYLOR, CHAIRMAN By: By: e4(^' Page 11 of12 Addendum l. In addition to the monthly rent, the Lessee shall reimburse the Authority for the cost of water used to irrigate and the cost of maintaining the landscaping within the Common Area surrounding the Premises. The cost of these services will be twenty-five percent (25%) of the historical costs incurred by the Authority over the past 24 months (currently $65.00 per month). These costs are due by the first day of every calendar month during the term thereof. 2. This Lease has been generated based on the Collier County Innovation Accelerator Business Plan, which was approved by the Board of County Commissioners on May 13, 2014, Agenda Item I I A. 3. Lessor shall not be required or responsible to maintain, repair or replace any of the equipment for Lessee's operation within the Premises. 4. Lessor shall be responsible for all costs related to the exterior of the Premises. Page 12 of 12 ^*6 t r-,t1, ?t tr# ilJ6#.: *- .- ir.-!:5ll$ii - _ !'.r e ?uffd> #4 I t-1'i':t r Area {, +'qr t# , 4drr" Common !J :'"" "r* fi$.,o'' , ,,:# 1,3 Economic lncubators. lnc. + t\fltr {fi # F ,*'\]f a'* tt 86 :3+ti.aL -- I I .:. t ,*, ffi--EFeet Hxi.'{lffiir . k-" N Aw<> Y S 170 Airpark Blvd. 25 50 100 150 200 - '?. j". - h --,t **k* r!1,lrftit ddi,ri, I {I '/1i+-rl:r I ,t,sr:. IIIm ffi IilII ii iEji I,[ ,j /e'\rn! -!G--tl0 --,jj"-r ll I --'|il--' (} i It. I I Jd.Et5rirI'idl rffl\l5J i t' (/ :ir.1Fir:l !rEXHIBIT rdfl1 Exhtbit C tnsurance and Bondlng Requlrements- Atrport Facllity Leases 1\Zr tr Avlation Tenant [l Non-Avlatlon Tenant Statutory Limits and Requirements 2. ! Employer's Liability $ slngle limit per occurrence 3. I Commercial General Bodily lnjury and Property Damage Liability (Occurrence Form) patterned after the current $l.OOO.firO single limit per occurrence, 52,000,000 attregate for Bodily lnjury ISO form Liability and Property Damage Liability. This shall include Premises and operations; lndependent contractors; Products and completed operations and Contractual Llability 4, I lndemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify and hold harmless Colller County, its officers and employees from any and all liabilities, damages, losses and costs, includinS, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Lessee or anyone employed or utllized by the Lessee in the performance of this Agreement. Thls indemniflcation obligation shall not be construed to negate, abridge or reduce any other rights or remedies whlch otheruise may be available to an indemnlfied party or person described in thls paragraph. This section does not pertaln to any incident arising from the sole negligence of Collier County' 4. I Automobile Liability S SOO,OOO each Occurrence; Bodily lnjury & Property Damage, Owned/Non-owned/Hired; Automobile lncluded 5. n Other insurance as f] eirport Liability lnsurance noted: bodily injury and property damage ! nangarkeepers Liability aircraft including premise liability I etrcraft Liability lnsurance bodily injury and propefi damage I eollution Liabllity lnsurance bodily injury and property damage S - Per Occurrence $ - Per Occurrence Per S - Per Occurrence S - Per Occurrence I eroperty lnsurance - Replacement Cost-All Risks of Loss 6. ! Lessee shall ensure that all sub-lessees comply with the same lnsurance requlrements that he is required to meet, The same Lessee shall provide County with certificates of insurance meeting the required insurance provisions. 7. fl Collier County must be named as "ADDITIONAL INSURED" on the lnsurance Certificate for Commercial General Liability where required 8. fl fne Certificate Holder shall be named as Collier County Board of County Commlssioners, OR, Board of County Commissioners in Collier County, OR Collier County Government, OR Colller County. The Certificates of lnsurance must state the name of the Lease and location of the leased property' 9. E rntrty (30) Days Cancellatlon Ng!!9g1gqgired. Economlc Incubators, tnc, Page 1 Rtcs13l20L6 Lessee,s lnsurance Statement we understand the insurance requirements of these specifications and that the evidence of insurability may berequired within five (5) days of the award of this Lease agreement, Name of Firm Lessee Signature Print Name lnsurance Agency Agent Name Telephone Number Economic Incubators, Inc.Page2