Agenda 10/13/2020 Item #16G 2 (Standard Lease Agmt. Amend #1 w/Wholesale Shutters of SWFL)10/13/2020
EXECUTIVE SUMMARY
Recommendation to approve the attached First Amendment to Collier County Airport Authority
Standard Form Lease Agreement with Wholesale Shutters of South West Florida, Inc., to extend
the lease term five years to October 31, 2025.
OBJECTIVE: To continue to generate revenue by leasing available warehouse/manufacturing space at
the Immokalee Regional Airport.
CONSIDERATIONS: On October 13, 2015, the Collier County Board of County Commissioners
approved a Collier County Airport Authority Standard Form Lease Agreement and Rider between
Wholesale Shutters of South West Florida, Inc., (Lessee) and the Collier County Airport Authority.
The term of that Agreement was five (5) years, which expires on October 31, 2020. The Lessee and
Airport Authority desire to extend the Agreement an additional five (5) years to October 31, 2025, with
the proposed First Amendment.
The Lessee is in good standing with the Airport Authority. Either party may terminate the Agreement for
any reason with thirty (30) days written notice to the other party. Except as modified by the First
Amendment, all other terms of the Agreement remain in full force.
FISCAL IMPACT: The monthly rent and reimbursements associated with the Agreement will be
deposited into the Airport Authority Operating Fund (495), Immokalee Regional Airport Cost Center
(192330) upon collection.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
LEGAL CONSIDERATIONS: This item has been reviewed for form and legality and requires a
majority vote for Board Action. - JAB
RECOMMENDATION: To approve and authorize the Chairman Executive to sign the attached First
Amendment to the Airport Authority’s Standard Form Lease Agreement with Wholesale Shut ters of
South West Florida, Inc., to extend the Agreement five (5) years to October 31, 2025.
Prepared by: Justin Lobb, Executive Manager, Airport Authority
ATTACHMENT(S)
1. Wholesale Shutter 1st Amendment_CAO (PDF)
2. Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (PDF)
16.G.2
Packet Pg. 2197
10/13/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.G.2
Doc ID: 13395
Item Summary: Recommendation to approve the attached First Amendment to Collier County
Airport Authority Standard Form Lease Agreement with Wholesal e Shutters of South West Florida, Inc.,
to extend the lease term five years to October 31, 2025.
Meeting Date: 10/13/2020
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
08/27/2020 8:51 AM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
08/27/2020 8:51 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 08/27/2020 1:47 PM
Growth Management Department Gene Shue Additional Reviewer Completed 08/28/2020 4:31 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 09/08/2020 7:23 AM
Airport Authority Justin Lobb Additional Reviewer Completed 09/09/2020 11:34 AM
Growth Management Department Debra Brueggeman Deputy Department Head Review Skipped 08/27/2020 8:46 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/09/2020 1:13 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 09/10/2020 9:47 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 09/10/2020 11:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/10/2020 2:51 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 09/11/2020 9:09 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 10/06/2020 11:57 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/13/2020 9:00 AM
16.G.2
Packet Pg. 2198
16.G.2.a
Packet Pg. 2199 Attachment: Wholesale Shutter 1st Amendment_CAO (13395 : Extend Wholesale Shutters Lease 5 years)
16.G.2.a
Packet Pg. 2200 Attachment: Wholesale Shutter 1st Amendment_CAO (13395 : Extend Wholesale Shutters Lease 5 years)
C O LLIE R C O UNTY AIRPORT AUTHORITY
STAN DARD FORM LEASE
This Collier County Airport Authority Standard Form Lease , hereinafter referred to as
'Lease ,' is entered into this \~day of ~do~ , 2015 , by and between
W HO LESALE S HUTTE R S O F SOU TH WEST FL ORID A, INC., a Florida corporation,
whose mailing address is 49 Willoughby Drive , Naples, Florida 34110 , hereinafter referred to as
'Lessee,' and the COLL IER C OUN T Y AIRPORT AUTHORITY , with administrative offices
located at 2005 Mainsail Drive, Suite I , Naples , Florida 34114 , hereinafter referred to as
'Authority ,' collectively stated as the 'Parties.'
W IT N E S S E T H:
NOW, THEREFORE , in consideration of Ten Dollars ($1 0 .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:
I. Conveyance. On the terms and conditions set forth in this Lease , and in
consideration of Lessee 's performance under this Lease , the Authority conveys to the Lessee the
present possessory interest in the Premises described below.
2. Description of Premises. The leased area, which is the subject of this Lease, is a
warehouse/manufacturing space totaling approximately 5,274 square feet , located at 170 Airpark
Boulev ard , Units C & D , at the Immokalee Regional Airport , in Collier County , Florida, along
with the Common Areas as shown in Exhibit "A ," hereinafter referred to as the 'Premises.'
3 . Conditions to Conveyance. Lessee warrants and represents to Authority that it
has examined the title and boundaries of the Premises. Accordingly , this conveyance is subject
to all of the following:
a . An y and all conditions , restnctJOns , encumbrances and limitation s 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 Premises for the following purposes:
a . Manufacturing.
b . Consulting Services.
c . Distribution of items manufactured on the leased premises.
d. Calibration.
e. Incidental Warehousing .
f. Product Assembly.
g. Painting.
h . Staining.
1. Fabrication .
j . Secretarial and Office Support Services .
Page 1 of 11
16.G.2.b
Packet Pg. 2201 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
k. Importing and Exporting.
No sub-tenant shall be allowed to use any part of the Premises for any use that is not
expressly specified above. Note: Note of the above uses shall include agricultural related
activity without the express written consent of the Authority.
Authority 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 Authority, upon thirty (30) days written notice
to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to the
Authority 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, equipment or aircraft on or near the Premises. 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 Premises without obtaining Authority's prior written consent,
which consent may be withheld in Authority's sole discretion. Lessee shall submit to Authority
plans and specifications for all alterations and additions at the time Authority's consent is sought.
6. Term of Lease. The term of this Lease shall commence on November 1, 2015 and
end on October 31, 2020.
7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the
some of $26,370.00 annually (the 'Base Rental'), which shall be paid in equal monthly
installments of $2, 197.50, plus applicable sales tax, currently 6% or $131.85, for a monthly total
payment of $2,329.35, and shall be due and payable by the first day of every calendar month
during the term hereof, beginning on December 1, 2015 (first month of November is free to
accommodate the mobilization period). 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 (!/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 Authority and Lessee, however,
agree and stipulate that the lease rental rate may be unilaterally increased by the Authority,
annually in accordance with the Authority'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 one hundred
percent ( 100%) all costs, fees and charges concerning the Premises. Accordingly, Lessee shall
Page 2 of 11
16.G.2.b
Packet Pg. 2202 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
promptl y pay when due and prior to any delinquency all costs , fees , taxes , trash removal
services, a ssessments, utility charges, and obligations of an y kind that relate to the Premises .
Lessee will indemnify and hold Authority harmless from any and all claims , costs and
obligation s arisin g from Le s see 's use of the Premises . In case any action or proceeding is
brought against Authority by reason of Lessee's use of the Premi ses , Lessee shall pay all costs ,
attorneys' fees , expenses and liabilities resulting therefrom and shall defend such action or
proceedin g if Authority shall so request , at Lessee 's expense , by counsel reasonably satisfactory
to Authority. It is specifically agreed however, that Authority may at it s own cost and expense
participate in the legal defense of such claim , with legal counsel of its choosing.
9 . Les see '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
Authority 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 Authority in the Premises or any part of either. This notice
is given pursuant to the provisions of and in compliance with Section 713.1 0 , Florida Statutes.
I 0. Lessee's Obligation to Maintain Premises and Comply with All Lawful
Requirements. Prior to lease execution, the Authority shall ensure all building components and
equipment are in good condition , operational , and to code . Lessee , throughout the term of this
Lea se , at its own cost, and without any expense to the Authority , 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 , interior painting ,
janitorial , fixtures and appurtenances (lighting, heating , plumbing, and air conditioning, drying
oven , compressor and other components /systems to the extent exclusively serv icing the Leased
Premi ses). Such repair may also include interior structural repair , if deemed necessary by the
Lessee. If the Premise s are not in such compliance in the reasonable opinion of Authority,
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 correcti ve action is completed ,
Authority may cause the same to be corrected and Lessee shall promptly reimburse Authority for
the expen ses incurred by Authority , together with a 5% administrative fee .
11 . Quiet E njoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee
has not defaulted on an y of the terms ofthis Lease. Accordingly , Lessee shall have the exclusive
right to use the Premi ses during the term of this Lease . During the term of this Lease , Lessee
may erect appropriate signage on the 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 Authority; Authority 's consent will not be unreasonably withheld .
12 . Cas ualty and Condemnation
a. Casualty. If the Premises are destro yed, rendered substantially inhabitable , or
damaged to any material extent , as reasonably determined by Lessee and
Authority, 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 Authority
Page 3 of 11
16.G.2.b
Packet Pg. 2203 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
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 Authority,
in which event , Proceeds shall be promptly remitted to Authority . If the
Authority elects not to repair or replace the improvements , then Lessee or
Authority 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 Authority , Lessee
will proceed with reasonable diligence, at no cost or expense to Authority, to
rebuild and repair the Premises to substantially the condition as existed prior
to the casualty.
b. Condemnation . Authority may terminate this Lease by written notice as part
of a condemnation project. Authority will use its best efforts to mitigate any
damage caused to Lessee as a result of such termination ; however , in no event
will Authority be liable to Lessee for any compensation as a result of such
termination .
13. Access to Premises. Authority , 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
Authority 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, Authority 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 Authority 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 Authority , which consent may be withheld in
Authority 's sole discretion . Any purported assignment or sublet without the express written
consent of Authority shall be considered void from its inception , and shall be grounds for the
immediate termination of this Lease. Authority may freely assign this Lease upon written notice
to Lessee .
Page 4 of 11
16.G.2.b
Packet Pg. 2204 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
16 . Insurance. The Lessee shall provide all insurance deemed appropriate by the
Authority , as determined by the Collier County Risk Management Department, as set forth on
the attached Exhibit 'B'.
1 7. 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:
1. Abandonment of Premises or discontinuation of Lessee 's operation .
H . Lessee 's material misrepresentation of any matter related to this Lease.
iii. Filing of insolvency , reorganization , plan or arrangement of bankruptcy .
1v. 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 this Lease.
viii . Any lien is tiled 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.
1x . 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 Authority's written notice stating the
non-compliance shall constitute a default (other than those covenants for
which a different cure period is provided), whereby Authority 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 Authority as
being reasonably required to correct such default). However, the
occurrence of any of the events set forth a bove shall constitute a material
breach and default by Lessee , and this Lease may be immediately
terminated by Authority except to the extent then prohibited by law.
b . Remedies of Authority.
1. In the event of the occurrence of any of the foregoing defaults , Authority,
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
Page 5 of 11
16.G.2.b
Packet Pg. 2205 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
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 Authority has removed and stored
property , Authority shall not be required to store for more than thirty (30)
days . After such time , such property shall be deemed abandoned and
Authority shall dispose of such property in any manner it so chooses and
shall not be liable to Lessee for such disposal.
11. If Lessee fails to promptly pay , when due, any full installment of rent or
any other sum payable to Authority under this Lease , and if said sum
remains unpaid for more than five (5) days past the due date, the Lessee
shall pay Authority 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 Authority.
iii. Authority 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. Authority shall be
entitled to reasonable attorneys fees and costs incurred arising out of
Lessee 's default under this Lease.
c. Default by Authority. Authority shall in no event be charged with default in
the performance of any of its obligations hereunder unless and until Authority
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 Authority by Lessee properly and in meaningful detail specifying
wherein , in Lessee 's judgment or opinion, Authority 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 Authority 's breach of this Lease, and
also waives any claim it might have to attorneys' fees and costs arising out of
Authority 's breach of this Lease . Lessee 's remedies for Authority 's default
under this Lease shall be limited to the following:
1. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation , agreement or covenant of
Authority under this Lease .
ii. Lessee may cure any default of Authority and pay all sums or do all
reasonably necessary work and incur all reasonable costs on behalf of and
at the expense of Authority. Authority will pay Lessee on demand all
Page 6 ofll
16.G.2.b
Packet Pg. 2206 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
reasonable costs incurred and any amounts so paid by Lessee on behalf of
Authority, 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 Authority. No waiver by Lessee or Authority 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 Manual. Lessee shall be provided with the Authority's Lease Manual (if
any), which the Authority may 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 trom 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.
20. This Lease shall be construed by and controlled under the Jaws 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.
Page 7 ofll
16.G.2.b
Packet Pg. 2207 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
22. In the event state or federal Jaws 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 t he 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 Authority:
cc :
If to Lessee :
Airport Manager
Collier County Airport Authority
2005 Mainsail Drive, Suite 1
Naples, Florida 34114
Real Property Management
3335 Tamiami Trail East, Suite 101
Naples , Florida 34112
Wholesale Shutters of South West Florida, Inc.
C/0 Mario i\. Sanchez
49 Willoughby Drive
Naples , Florida 34110
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 Authority. 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
Authority . 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 Parti es to be a beneficiary of this Lease or to have any rights to enforce this
Lease aga inst either party hereto or otherwise . Nothing contained in this Lease will constitute
the Partie s a s partners or joint ventures for any purpose , it being the express intention of the
Parties th a t no such partnership or joint venture exists or will exist . Lessee acknowledges that
Authority i s not providing any vacation time , sick pay , or other welfare or retirement benefits
normally a ssociated with an employee-employer relationship and that Authority excludes Lessee
and it s 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 thi s Lease or of any inability to perfom1 an obligation under this Lease if and to
Page 8 of 11
16.G.2.b
Packet Pg. 2208 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
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,
tire , earthquake, abnormal weather condition, hurricane , flood , lightning, wind , drought, and the
binding o rder 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 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
expo sed t o 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 reserves the right to further develop or
improve the landing and other areas of the Airport as it sees fit , regardless of the convenience,
de s ire s 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 adversel y 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 to comply with Federal Aviation Regulations ,
Pa11 77 .
30 . Nondiscrimination Clause. The Lessee for himself, his personal representatives,
succes sors in interest, and assigns , as part of the consideration hereo f, 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 ot: or be othetwise subjected to di scrimination in the use of the
Premises ; (2) that in the construction of any improvements on, over or under such land and the
furnishin g of services thereon , no person on the grounds of race , color or national origin shall be
excluded 11·om participating in , denied the benefits of, or othetwise subjected to discrimination; (3)
that the Le ssee shall use the 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
Transp01tation-Effectuation of Title VI of the Civil Rights Act of 1964, as said regulations may be
a mended . That in the event of breach of any of the above nondiscrimination covenants, Authority
shall have the right to terminate this Lease and to re-enter into another lease as if this 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 arc followed and completed , including exercise or expiration
of appeal rights .
Page 9 ofll
16.G.2.b
Packet Pg. 2209 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
31 . 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 tor military or naval or similar use, and, if such lease is
executed, the provisions of this Lease insofar as they are inconsistent with the provisions of the
lease to the Government, shall be suspended.
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 Lessor's sole cost and expense.
Page 10 of 11
16.G.2.b
Packet Pg. 2210 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
IN WITNESS WHEREOF, the Lessee and Authority have hereto executed this Lease the
day and year first above written.
AS TO THE LESSEE:
rint name)
.... --;-----L£;:;;? z
Witness (signature)
(print name)
AS TO THE AUTHORITY:
Attest:
DWIGHT E. BROCK, Clerk
·, ·'
' ;,
By C1.w. .l C) ( · ~ttest as to~ ~uty Clerk
s\gnature ·on\t--"' )
Approved as to fonij and legality:
Jenm erA. Belped10
Assistant County A'U.Pmey
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SERVING AS
THE COLLIER COUNTY AIRPORT
AUTHORITY
By:--=---~----=--~=~--=-~~c::e... __ _
TIM NANCE, CHAIRMAN
Page 11 ofll
,.--
(r •.
' '
16.G.2.b
Packet Pg. 2211 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
Wholesale Blinds of Southwest Florida, Inc.
N
EXHIBIT
I ~ w+ -=::::..::::----======---• Feet 25 50 100 150 200 s
16.G.2.b
Packet Pg. 2212 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
Exhibit B Insurance and Bonding Requirements-Airport Facility Leases
0 Aviation Tenant 1:8J Non-Aviation Tenant
Insurance I Bond Type
1. I:8J Worker's Compensation
2. I:8J Employer's Liability
3 . ~ Commercial General
Liability (Occurrence Form)
patterned after the current
ISO form
4 . 1:8:)1ndemnification
4 . I:8J Automobile Liability
5. 1:8:1 Other insurance as
noted :
Required Limits
Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
$ _ _.!1~0~0~,0C!':O!!.O ___ single limit per occurrence
Bodily Injury and Property Damage
$ 1.000,000 single limit per occurrence, $2,000,000 aggregate for
Bodily Injury Liability and Property Damage Liability. This shall include Premises
and Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability
To the maximum extent permitted by Florida law, the Lessee shall indemnify
and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, 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 utilized by the Lessee in the performance of this Agreement. This
indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an
i ndemnified party or person described in this paragraph . This section does not
pertain to any incident arising from the sole negligence of Collier County .
$ 1.000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
0 Airport Liability Insurance $ Per Occurrence
bodily injury and property damage
0 Hangarkeepers Liability $ Per Occurrence per
aircraft including premise liability
0 Aircraft Liability Insurance $ Per Occurrence
bodily injury and property damage
0 Pollution Liability Insurance $ Per Occurrence
bodily injury and property damage
I:8J Property Insurance-Replacement Cost-All Risks of Loss
6 . 1:8:) Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to
meet . The same Lessee shall provide County with certificates of insurance meeting the required insurance
provisions .
7 . I:8J Collier County must be named as "ADDITIONAL INSURED " on the Insurance Certificate for Commercial
General Liability where required
8. 1:8:) The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County . The Certificates of
Insurance must state the name of the Lease and location of the leased property .
9 . 1:8:) Thirty (30) Days Cancellation Notice required.
Whole sa le Shutters of South West Florida , Inc . Page 1
I
16.G.2.b
Packet Pg. 2213 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
Lessee's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) da s of the award of this Lease agreement.
Name of Fir
Print Name
Insurance Agency
Agent Name
Wholesal e Shutters of South West Florida, Inc.
Date q / d(.P J / ~2
r f
I
3f//{)
Telephone Number 2 3'7-Z f 3 ·/ J 3.)
Page 2
16.G.2.b
Packet Pg. 2214 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
Rider to Collier County Airport Authority Standard Form Lease
Wholesale Shutters of South West Florida , Inc .
This Rider is made this \ 3\'-r-day of ~\::x:x: , 2015, and is added to and
amends that certain Collier County Airport Authority Standard Form Lease by and between ,
WHOL ESALE SHUTTE RS OF SO UT H WEST FL ORIDA, IN C., hereinafter referred to as
·'Lessee ," and COLLI ER CO UNTY A IRPORT AU THORITY , hereinafter referred to as
"Lessor ,", which Standard Form Lease is dated \~b. day of ~'oeg=, 2015 .
The following provisions are added to the Standard Form Lease ("Lease ") as follows :
I . Security Deposit. Lessee shall pay a deposit of $2 ,500 .00 as security for the performance
by Lessee of every covenant and condition of this Lease (the '·Security Deposit"). The
Security Deposit does not constitute prepayment of the last month's rent or of rent for
an y month during the original or renewal terms of this Lease. If the Lessee complies
fully with the terms , provisions, covenants and conditions of this Lease , the Landlord
must return the Securit y Deposit, without interest , to the Lessee after the date on which
thi s Lease terminate s and after the Lessee delivers possession of the Leased Premises to
the Authority .
2. Additional Costs . Lessee shall reimburse the Authority for the cost of water used to
irrigate and the cost of maintaining the landscaping within the Common Areas as shown
on Exhibit ''A " to the Lease . The cost of these services shall be fifty percent (50%) of the
historical costs incurred by the Authority over the past 24 months ($65 .00 per month).
These costs are due by the first day of every calendar month during the term hereof.
IN WITNESS WHEREOF, the Lessee and Authority have hereto executed this Rider the
da y and year first above written .
AS TO TIIE LESSEE :
/
(print name)
~~-
w itrl;ss (s ignature)
~t 1-,.._. S.C.... Af v-.9 .::I
' (print name)
1 of 2
16.G.2.b
Packet Pg. 2215 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)
AS TO THE AUTHORITY:
Attest:
DWIGHT E. B'RG_GK , Clerk
sy {~m~'-.
:o • (:$' D~utYClerk
Attest as to C~a1rm_aan
signature ~QJy,., '
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SERVING AS
THE COLLIER COUNTY AIRPORT
AUTHORITY
TIM NANCE, CHAIRMAN
2 of 2
16.G.2.b
Packet Pg. 2216 Attachment: Wholesale Shutters of SW FL Lease & Rider Oct 2015-Oct 2020 (13395 : Extend Wholesale Shutters Lease 5 years)