Backup Documents 04/13/2021 Item #16G4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 16 G y
A9i4-4-1/2t;s411 .
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on ink 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.
**NEW** ROUTING SLIP
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 SRT .4343t7
4. BCC Office Board of County PT by JH/s/ 361"'
Commissioners 9-13
5. Minutes and Records Clerk of Court's Office `--rC '`I (2_i i0 �
PRIMARY CONTACT INFORMATION "t
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 Andrew Bennett/Marco Island Airport Authority Contact Information 239-252-8425
Contact/Department CC-Heather Meyer/GMD
Agenda Date Item was April 13,2021 Agenda Item Number 16G4
Approved by the BCC
Type of Document Consent to Encumbrance Agreement with Number of Original I Consent to Encumbran
Attached Lender,an Environmental Indemnification Documents Attached Agreement ?
Agreement and a Memorandum of Lease all I Environmental
pertaining to the Authority's previous award of a Indemnification Agreement
Collier County Airport Authority Leasehold
Agreement for Hangar Construction 1 Memo of Understanding
PO number or account 495-192370-649030
number 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 N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be HM
signed by the Chairman,with the exception of most letters,must be reviewed and signed by
the Office of the County Attorney.
All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
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 HM
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's HM
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 04/13/2021 and all changes made during HM
NMI"—
the meeting have been incorporated in the attached document. The County Attorney's an optiou.l
Office has reviewed the changes,if applicable. , this lin
9. Initials of attorney verifying that the attached document is the version approved by the BCC, ; ,./A is
all changes directed by the BCC have been made,and the document is ready for the opti
Chairman's signature.
Nesteor�
rt , 5` 0Pk t .. ti ro_c' -;11ed: '„� OVA Si RCi ceeC
a:*
-it ',.ri n CCi slA GUM 'b CPC)*
16G4
MEMORANDUM
Date: April 22, 2021
To: Jessica Hayes, Legal Assistant
County Attorney's Office
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Consent to Encumbrance Agreement, Environmental
Indemnification Agreement and Memorandum of
Understanding
Attached for your records is one (1) certified copy of each document as referenced
above, (Item #16G4) adopted by the Board of County Commissioners on Tuesday,
April 13, 2021.
The originals are being held in the Minutes & Records Department as part of the
Official Records.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
1 6 G 4
MEMORANDUM
Date: April 22, 2021
To: Andrew Bennett, Interim Executive Airport Manager
Collier County Airport Authority
From: Teresa Cannon, Deputy Clerk
Minutes and Records Department
Re: Consent to Encumbrance Agreement, Environmental
Indemnification Agreement and Memorandum of Understanding
Attached for your records is a certified copy of each document as referenced
above (Item #16G4), approved by the Collier County Board of County
Commissioners on Tuesday, April 13, 2021.
The originals 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
INSTR 6041498 OR 5930 PG 2246
RECORDED 4/19/2021 5 56 PM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
After Recording return to: REC$61.00
Collier County Airport Authority
Attn: Administrative Offices
2005 Mainsail Drive,Suite 1 16 G 4
Naples, Florida 34114
MEMORANDUM OF LEASE
This Memorandum of Lease (hereinafter referred to as this"Memorandum") is made and executed as of
this day ofIL , 2021 hereinafter referred to as the "Effective Date"), by MARCO
HANGARS, LLC,a Florida limited liability company(hereinafter referred to as"Tenant")with an address of
346 Bald Eagle Drive, Marco Island, Florida 34145,and the Collier County Board of County Commissioners
of Collier County, Florida, a political subdivision of the State of Florida,acting in its capacity as the Collier
County Airport Authority (hereinafter referred to as the "Authority" or "Lessor") with administrative
offices at 2005 Mainsail Drive, Suite 1, Naples, Florida 34114.
WHEREAS,the Authority and Tenant entered into that certain Lease Agreement dated July 9,2019
(herein the "Lease Agreement") and desire to enter into this Memorandum to give notice of the Lease
Agreement and all of its terms, covenants and conditions to the same extent as if the same was fully set
forth herein.
NOW,THEREFORE,for an in consideration of the sum of Ten Dollars($10.00)and other good and
valuable consideration including the rents reserved and the covenants and conditions more particularly
set forth in the Lease Agreement, Lessor and Tenant do hereby covenant, promise and agree as follows:
1. The name of the lessor to which this Memorandum applies is the Collier County Board of
County Commissioners of Collier County, Florida,a political subdivision of the State of Florida,
acting in its capacity as the Collier County Airport Authority (i.e., the "Authority" defined
hereinabove).
2. The legal description of the parcel of land to which this Memorandum applies is set forth in
Exhibit "A," attached hereto and made a part hereof (hereinafter referred to as the
"Premises").
3. The Authority has entered into a Lease Agreement with the Tenant for the rental of the
Premises, made as of the 9th day of July 2019, by and between the Authority and Tenant
(hereinafter the"Lease Agreement").
4. The Lease prohibits the interest of the Authority as lessor of the Premises being subject to
any liens on the Premises for improvements made by the Tenant or any other party including
but not limited to Tenant's lessees or assigns. The specific language contained in the Lease
Agreement prohibiting such liability is as follows:
1
16 G 4
15. DISCHARGE OF LIENS.
Tenant shall not cause or allow any lis pendens, construction, labor, mechanic's or
materialman's lien to be filed against the Premises, the Authority or the Authority's
real or personal property. In the event of the filing of any lien, or any other charge
whatsoever against the Premises, the Authority or its property, Tenant shall
immediately take all necessary action to secure the release of same and shall provide,
at Tenant's expense, all bonds, security or undertakings to accomplish the release of
such liens. In the event Tenant fails to secure the release of any such liens, the
Authority shall have the right, but not the duty or obligation, to take any action it
deems appropriate to secure the release of any such lien including paying the
underlying obligation to the lienor. Tenant agrees to indemnify and hold the
Authority harmless from all liability, damages associated with this requirement,
expense and costs including reasonable attorneys' fees.
5. The purpose of this instrument is to give notice of said Lease Agreement and all its terms,
covenants, and conditions to the same extent as if the same were fully set forth herein. The
Lease Agreement contains certain other rights and obligations in favor of Lessor and Lessee
that are more fully set forth therein.
6. The conditions,covenants and agreements contained in this instrument shall be binding upon
and inure to the benefit of the parties hereto, their respective heirs, executors,
administrators, successors and assigns for the term of the Lease Agreement and any
extensions thereof.
7. This Memorandum may be executed in counterparts, each of which shall be deemed an
original but all of which shall constitute one and the same instrument.
8. This Memorandum is not intended to alter the terms of the Lease Agreement as otherwise
amended. In the event of a conflict,the Lease Agreement shall prevail.
2
16G4
IN WITNESS WHEREOF,Tenant and the Authority have executed and delivered this Memorandum
as of the Effective Date.
AUTHORITY:
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, SERVING AS
THE COLLIER COUNTYAIRPORT AUTHORITY
ATTEST:
Crystal K. Kinzel, Clerk of Court
&Comptroller
t2)AC:L
By:
Attest as to Chaft1a11`3 Print Name: enny Taylor,CHAIR
;.ti+,4re only.
Ap oved to fo d
)
legs : y
ite
Scott R. Teach
Deputy County Attorney
3
CALF
16G4
TENANT:
WITNESSES: MARCO HANGARS,LLC
..„„„),,,,
By: ..-a , m
Witness#I Name: Bruce Toledo Print Name:MIRASH VATAJ
Print Title:OWNER/MANAGER
Danielle Jowd
Witness#2 Name: Danielle rowdy 03i26i2021
STATE OF FLORIDA )
COUNTY OF )
The foregoing instrument was acknowledged before me by means of[ ]physical presence
or [x ]online notarization,this26th y of March ,2021,by Mirash Vataj,as Manager
of Marco Hangars, LLC, on behalf of the company. He [ ] is personally known to me or has
produced Drivers license as identification.
1 Bruce Toledo ►
Commission#GG 256368 ► � ( n%
Notary Public-State of Florida ►
My Commission Expires Sep 09,2022 ► Notary Public,25'mte of Florida
1 ' Commission No.: GO 255636,
My Commission Expires: 9-2023
4 _
Page 4 of 7 lIII II II I
16G4
Exhibit A
S
16G4
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COMMENCEMENT
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LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 26, TOWNSHIP 51, RANGE 26E OF' COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
{ COMMENCE AT THE NORTHEAST CORNER OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 4395 PG. 1277 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN S.12'OO'O0"E, ALONG THE WEST LINE OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 2034 PG.
1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR A DISTANCE OF 1191.48 FEET TO THE SOUTH LINE OF SAID MARCO ISLAND
EXECUTIVE AIRPORT: THENCE LEAVING SAID LINE, CONTINUE TO RUN S.12'00'00"E FOR 49.70' TO THE SOUTH LINE OF MARCO ISLAND EXECUTIVE
AIRPORT LIMITS OF DEVELOPMENT AREA AS RECORDED IN O.R. 5401 PGS, 2040-2047; THENCE ALONG THE BOUNDARY LINE OF SAID DEVELOPMENT
AREA RUN S.78'00'001. FOR A DISTANCE OF 69.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE ALONG SAID LINE RUN S.78'0O'00'W. FOR A DISTANCE OF 246.00 FEET; THENCE LEAVING SAID LINE RUN 14.12'00'00'W. FOR A DISTANCE OF
478,00 FEET; THENCE RUN N.78'00'00"E. FOR A DISTANCE OF 246.00 FEET; THENCE RUN S.12'00'00"E. FOR A DISTANCE OF 478.00 FEET, TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.69 ACRES, MORE OR LESS.
BEARINGS REFER TO THE WEST LINE OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 2034 PG. 1261 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA AS BEING S12'00'00"E. Digitally signed by
John IDtton
HOLE MONIES, INC. ' '••. ON:cn=JohnMlOM
:=' ;!„.;S3,TK. o'.• •
o=MOIaMontes,
CERTIFICATE OF AUTHORIZ 11 LB 11772 : t r;,•�,;e , oaHole ey
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isDate:7019.06.07
(( BY: ----__P,S.M, #6278 09:44s9.Ovoty
JOHN J, HILTON THIS IS NOT A SURVEY*
stc-twN-ccez 950 Encore Way -PROJtu NO.
2D—e1-20IMIMI Nopplo., FL. 34110 1 8.082
016AW"HY' DATE Phon.1 (239) 234-2000 SKETCH AND LEGAL DESCRIPTION
(CHECK UY bRAVAND NO. Ht (oO u oE nni 5 Mort o Certificate 01 'REFERENC NO
BEN H-1012 Authorization No.1772 _
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INSTR 6041499 OR 5930 PG 2253
RECORDED 4/19/2021 5:56 PM PAGES 7
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$61 00
ENVIRONMENTAL INDEMNIFICATION AGREEMENT 1 L
This Environmental Indemnification Agreement (the "Agreement") effective
Rix.;L 1341 2021, is executed by Marco Hangars, LLC, a Florida limited liability
company having a mailing address of 346 Bald Eagle Drive, Marco Island, Florida 34145
("Borrower"), the Collier County Board of County Commissioners of Collier County, Florida, a
political subdivision of the State of Florida, acting in its capacity as the Collier County Airport
Authority with administrative offices located at 2005 Mainsail Drive, Suite 1, Naples, Florida
34114 ("Collier County Airport Authority" or "Third Party Indemnitor" not obligated on the
Loan) (Borrower and Third Party Indemnitor collectively referred to as "Indemnitors"), and
Berkeley Alternative Income Fund I, LLC of a Mississippi limited liability company whose
address for purposes hereof is 3500 Parkway Lane, Suite 430, Norcross, Georgia 30092
("Lender").
The parties to this Agreement mutually agree as follows:
RECITALS
Borrower has applied for a construction loan from Lender in the principal amount of$4,772,829.62
(the "Loan") to be evidenced by a promissory note (the "Note") and secured by a Leasehold
Mortgage (the "Mortgage") encumbering that certain leasehold interest and personal property
described in the"Loan Documents"(collectively,the"Property")pertaining to the land located at
Marco Island Executive Airport situated at 2005 Mainsail Drive, Naples, Florida 34114 more
specifically located,described and set forth in Exhibit"A"attached hereto.
Lender is not willing to make the Loan without the execution and delivery of this
Agreement.
INDEMNIFICATION
To the extent authorized by Florida law, the Collier County Airport Authority agrees to
indemnify and hold harmless and defend (by counsel selected by the Collier County Airport
Authority reasonably acceptable to Lender)Lender from and against any and all claims associated
with any fuel spill or discharge that occurred at the Marco Island Airport prior to the date of this
Agreement. The foregoing indemnification shall not constitute a waiver of the Third Party
Indemnitor's sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28.
[Signature Pages to follow]
Page 1 of 4
Stu
16G 4
IN WITNESS WHEREOF,the parties have duly executed this Agreement as of the date first above
written.
Borrower:
Marco Hangars, LLC
By:
Name and Title: Mirash Vataj, its Manager 4 44 le C O /-74-6(4kS C
Address: 6 13 0 P & ' Aitri RCO I.s A 1-60g,12.1
Telephone Number: 91 Z1— 90G- / 0 e y
Facsimile Number: ?II 966— / ezi
Third Party Indemnitor:
The Collier .u •oard of Co o issioners of Collier County, Florida acting in
its capacity . a - Collier Co ty thority
By:
Name and Title: Penny Taylor, Chair
Address: 3299 East Tamiami Trail, Suite 300,Naples, Florida 34112
Dated: -P;pr, 1 1 3, )QQ/
Attest:
ry .: K. Kinzel, CI of Court& Com troller
tt .t
t �� a5 to Cl3a+ s
signature only.
A r edastoF dLeg ity:
G - ,
Scott R. Teach, Deputy County Attorney
Page 2 of 4
16G4
Lender:
Berkeley Alternative Income Fund I, LLC, a Mississippi limited liability company
By:
Name and Title:
Address:
Telephone Number:
Facsimile Number:
STATE OF FLORIDA )
COUNTY OF Co OP)/ )
The foregoing instrument was acknowled ed before me by means of physical r se ce
or [ ] online notarization,this ' day of$o CID/ ,2021,by ra S v(
as /0 1,1),W of Berkeley Alternative Income Fund I,
LLC, a Mississippi limited liability, on behalf of the company. He/She [ ] is personally known
to me or has produced /Y/i t.3%_ 33 5-36 z as identification.
Notary Public, State of Florida
Commission No.: CQ6 333 I Lib
My Commission Expires: vS//2/zo Z 3
ELSA SMITHEM
, Notary Public-State of Florida
Commission 4 GG 333140
My Comm.Expires May 12,2023 )
Page 3of4
1 6 G 4
Lender:
Berkeley a tive Inc me Fund , LLC a Mississippi limited liability company
By:
Name and Title: /f-,,/ ei-Pp/ p e 17f}ru> -/
Address: 35On ,i k atct Land Su.;4e '1'0 140(CroSS 61 Soo-4
Telephone Number: (oig (off'a 81oO
Facsimile Number: (01 x (r q O 8110
STATE OF GEORGIA )
COUNTY OF RA 4-00 )
The foregoing instrument was acknowledged before me by means of[)(]physical presence
or [ J online notarization,this2.0 day of F7tbrucvt\ ,2021,by poullt1 Newbet3,
as P ..kt lno vied- S;finer of} erkeley Alternative Income Fund I,
LLC, a Mississippi limited liability,on behalf of the company. He/She [(J is personally known
to me or has produced as identification.
B L OC/ �� d lC��OtLeft.
ZAR
v. 41. Notary Public, State of Georgia
cy I- m;
=-n �' •" oc= Commission No.: N/ A
�,� tit: O
?<�'••.s °f c�47 My Commission Expires: DT/13 2023
-.,,COON,",, .
Page 3 of 4
16G4
Exhibit"A"
Legal Description of Real Property Securing Loan
Page 4 of 4
16G4
H:\2012\2012066\O1V\SU\BOUNDARIES\NEW HANGAR PARCU.drg Tab: Loyoutt Jun 07,2019—9:44am Plotted by. JohnHlton
GRAPHIC SCALE
200 0 100 200 1T 6 Si
COMMENCEMENT
Inill_.1 .1111.1 NORTHEAST CORNER C gi
MARCO ISLAND EXECUTIVE AIRPORT m y
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LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 26, TOWNSHIP 51, RANGE 26E OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O,R. 4395 PG. 1277 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN S.12'00'00"E. ALONG THE WEST LINE OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 2034 PG.
1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR A DISTANCE OF 1191.48 FEET TO THE SOUTH LINE OF SAID MARCO ISLAND
EXECUTIVE AIRPORT: THENCE LEAVING SAID LINE, CONTINUE TO RUN S.12'00'00"E FOR 49.70' TO THE SOUTH LINE OF MARCO ISLAND EXECUTIVE
AIRPORT LIMITS OF DEVELOPMENT AREA AS RECORDED IN O.R. 5401 PGS, 2040-2047; THENCE ALONG THE BOUNDARY LINE OF SAID DEVELOPMENT
AREA RUN S.78'00'00"W. FOR A DISTANCE OF 69.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE ALONG SAID LINE RUN S.78'00'00'W. FOR A DISTANCE OF 246.00 FEET; THENCE LEAVING SAID LINE RUN N.12'00'00"W. FOR A DISTANCE OF
478.00 FEET; THENCE RUN N.78'00'00"E. FOR A DISTANCE OF 246,00 FEET; THENCE RUN S.12'00'00"E. FOR A DISTANCE OF 478,00 FEET, TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.69 ACRES, MORE OR LESS.
BEARINGS REFER TO THE WEST LINE OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 2034 PG. 1261 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA AS BEING 312'00'00"E.
Digitally signed by
John Hilton
HOLE MONIES, INC. •+x/4I j'•. DN.cn=John Hilton,
CERTIFICATE OF AUTHORIZATION LB #1772 '.C`'1"t,'C''' o=Hole Monies,
' rin.nra• ou=Survey
/ _ _ :,'6_: "Ai c' . . Department,
�",'�� �`\ `«,.r_.,,..,.,;,.- email=JohnhiltonWh
(` • "•r_r:T„-..... meng.com,c=t1S
Dale:2019.06.07
BY:( —__ P.S.M. #6278 09:44:59.04'00'
JOHN J. HILTON *THIS IS NOT A SURVEY*
SEC—TWN—RCE: �� 950 Encore Way FRO.r_cT NO.
26-51-26 ap ,
DRAWN DATE Phone:N(2les39) FL254. -32000 4110 SKETCH AND LEGAL DESCRIPTION
HOLE MONTES Florida Certlfloate of R18.082
) 6 19 EFERENCE NO.
CHECKED BY: DRAWN NO. ENGINEERS PIANNERS SURVEYORS NEW HANGAR
BEN H-1o12 Authorization No.1772
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INSTR 6041500 OR 5930 PG 2260
RECORDED 4/19/2021 6.02 PM PAGES 10
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$86.50
CONSENT TO ENCUMBRANCE 1 6 G 4
AND AGREEMENT WITH LENDER
THIS CONSENT TO ENCUMBRANCE AND AGREEMENT WITH LENDER (this
"Consent Agreement") is made effective as of this Mday of (—}cci L , 2021 ("Effective
Date"), by and between the Collier County, a political subdivision of the State of Florida, acting
as the Collier County Airport Authority, with administrative offices located at 2005 Mainsail
Drive,Suite 1,Naples,Florida 34114(the"Landlord"),Berkeley Alternative Income Fund I,LLC,
a Mississippi limited liability company whose address for purposes hereof is 3500 Parkway Lane,
Suite 430, Norcross, Georgia 30092 ("Lender"), and Marco Hangars, LLC, a Florida limited
liability company,having a mailing address of 346 Bald Eagle Drive,Marco Island,Florida 34145
("Tenant/Leasehold Mortgagor").
RECITALS
A. The Landlord is the owner and holder of an interest in and to that certain real property and/or
improvements in Collier County, Florida, described in the Leasehold Mortgage as hereafter
defined. The Landlord has leased such real property and/or improvements to or for the benefit
of the Tenant/Leasehold Mortgagor,Marco Hangars,LLC,a Florida limited liability company,
pursuant to the terms and conditions of that certain Leasehold Agreement for Hangar
Construction dated July 9, 2019,between the Landlord and Tenant/Leasehold Mortgagor(the
"Ground Lease"), which is evidenced by that certain memorandum of lease,dated the )34th
day of c-1(3(;L and recorded at Official Records Book 5c13C , Page
.1 a 1t (' of the Public Records of Collier County,Florida,pursuant to which the Landlord
leases to Tenant/Leasehold Mortgagor the real property described in Exhibit "A," attached
hereto(the"Premises").
B. Tenant/Leasehold Mortgagor intends to mortgage and encumber all of Tenant/Leasehold
Mortgagor's right, title and interest in and to the Ground Lease for the benefit of Lender,
pursuant to the following identified Leasehold Mortgage and related similar instruments:
Lender expects to make to Tenant/Leasehold Mortgagor a loan in the approximate amount of
$4,772,829.62 to be secured by a leasehold mortgage on Tenant/Leasehold Mortgagor's
interests in and under the Ground Lease(the"Leasehold Mortgage"),subject to the terms and
conditions of the Ground Lease, as amended.
C. Lender has requested that the Landlord execute this Consent Agreement in connection with the
Leasehold Mortgage. In the event of a conflict with any provisions of the Ground Lease or its
First Amendment,the provisions of this Agreement shall control.
NOW, THEREFORE, for an in consideration of the premises and other good and valuable
considerations, the receipt and sufficiency of which is hereby acknowledged, the Landlord and
Lender and Tenant/Leasehold Mortgagor agree with each other as follows:
,T.
I 6 G 4 ''
TERMS
1. Consent. Subject to the terms and conditions of this Consent Agreement, the
Landlord hereby consents to the execution and delivery of the Leasehold Mortgage by
Tenant/Leasehold Mortgagor to Lender(and authorizes the recordation of the Leasehold Mortgage
in the Public Records of Collier County,Florida),pursuant to which Tenant/Leasehold Mortgagor
Mortgage and encumbers all of Tenant/Leasehold Mortgagor's right,title and interest in and to the
Ground Lease in favor of Lender to secure the obligations.
2. Status of Ground Lease. The Landlord represents and warrants that: (a) the
Ground Lease is in full force and effect as of the Effective Date; (b) the rent due the Landlord
under the Ground Lease has been paid up to and including the Effective Date; (c) all of the
obligations of the Landlord under the Ground Lease have been performed up to and including the
Effective Date; and (d) to the best of the Landlord's knowledge, no default by the
Tenant/Leasehold Mortgagor under the Ground Lease has occurred and is continuing as of the
Effective Date.
3. Written Notices to the Landlord. Lender shall mail to the Landlord a copy of any
written notice of default under the Leasehold Mortgage that Lender delivers to Tenant/Leasehold
Mortgagor at the Landlord's address indicated hereinabove at the same time it is provided to
Tenant/Leasehold Mortgagor.Lender shall immediately and directly notify the Landlord in writing
at the Landlord's address indicated hereinabove if any event of default occurs under the Leasehold
Mortgage or Tenant/Leasehold Mortgagor or any other parties fail to perform any of the
Obligations.
4. Written Notices to Lender and Lender's Right to Cure Monetary Defaults. The
Landlord shall mail to Lender a copy of any written notice of default under the Ground Lease that
the Landlord delivers to Tenant/Leasehold Mortgagor at Lender's address indicated hereinabove
at the same time it is provided to Tenant/Leasehold Mortgagor. Lender shall be afforded sixty
(60) days to cure any monetary default under the Ground Lease, with such period commencing
from the period after written notification to the Tenant/Leasehold Mortgagor;Lender shall also be
afforded the right to cure or attempt to cure any non-monetary default under the Ground Lease to
the same extent that right is afforded to the Tenant/Leasehold Mortgagor under the Ground Lease.
5. Foreclosure or Assignment In Lieu of Foreclosure. Lender may, in accordance
with the terms of the Leasehold Mortgage, the Ground Lease and applicable law, either: (a)
foreclose the interest of Tenant/Leasehold Mortgagor in the Ground Lease, or (b) accept an
assignment of Tenant/Leasehold Mortgagor's interest in the Ground Lease in lieu of foreclosure
in the name of Lender,which assignment shall not constitute in itself an event of default under the
Ground Lease. Upon completion by Lender of foreclosure or assignment in lieu of foreclosure,
the Landlord and Lender agree that: (i) Lender shall be responsible for all of the duties and
liabilities of Tenant/Leasehold Mortgagor under the Ground Lease; (ii) Lender shall accept the
assignment from Tenant/Leasehold Mortgagor and assume all of the obligations of
Tenant/Leasehold Mortgagor as the lessee under the Ground Lease for the entire term thereof;and
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(iii) the Landlord shall recognize the Lender as the lessee under the Ground Lease; provided,
however,any further or subsequent assignment by Lender of any interest in the Ground Lease shall
be subject to the terms and conditions of the Ground Lease and require the prior written consent
of the Landlord,which consent shall not be unreasonably withheld;provided further,however,the
Landlord may impose reasonably appropriate conditions on the Lender and any assignee prior to
consent to such assignment.
6. Assignment of the Leasehold Mortgage. Lender shall not assign or otherwise
transfer any interest in the Leasehold Mortgage without Landlord's prior written consent, which
shall not be unreasonably withheld; provided further, however, the Landlord may impose
reasonably appropriate conditions on the Lender and any assignee prior to consent to such
assignment or other transfer. Lender shall provide Landlord with at least thirty(30)days advanced
written notice of any potential assignment. Landlord shall then have seven (7) days from receipt
of such notice to either provide Lender its written consent or denial of the potential assignment. In
the event such consent is denied, Landlord shall state in its written notice of denial its reasons for
such denial. Landord shall also provide Lender the opportunity to appeal Landlord's denial of
consent. Such appeal shall be in writing and be transmitted to Landlord no later than seven (7)
days after Lender's receipt of Landlord's denial. Landlord shall have an additional seven(7)days
from receipt of Lender's written appeal to provide Lender its final consent to or denial of the
potential assignment. Any consent by the Landlord shall apply only to the specific transaction
thereby authorized and shall not constitute a waiver of the necessity for such consent to any
subsequent transaction.
7. Exceptions: Judicial Sale/Assignment to Lender Party. Sections 24A(except for
the second paragraph thereof)and 24B of the Ground Lease shall not apply to any of the following:
any judicial sale or assignment of the Ground Lease relating to or stemming from a foreclosure or
assignment in lieu of the Leasehold Mortgage,if the entity assigned or conveyed the Ground Lease
is the Lender or a subsidiary of the Lender (such subsidiary of the Lender being a"Lender Party").
If a Lender Party becomes the tenant under the Ground Lease,it shall be liable for the obligations
of the tenant thereunder only for the period of time of such Lender Party or permitted assignee is
the tenant under the Ground Lease.
8. No Modifications to or Surrender of the Ground Lease. No modifications to the
Ground Lease shall be made or be effective, and Landlord shall not accept the surrender of the
Premises or any part thereof or a cancellation or release of the Ground Lease from
Tenant/Leasehold Mortgagor, without in any such case providing prior written notice to and
consent from the Lender,which consent shall not be unreasonably withheld or delayed by Lender.
9. Successors and Assigns. This Consent Agreement shall be binding upon,and shall
inure to the benefit of,the Parties and their respective successors and assigns permitted hereunder.
10. Notices. Each notice or other communication hereunder shall be in writing and
sent by either certified mail, return receipt requested, or a nationally recognized courier service
3
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(such as Federal Express or UPS)to the intended recipient at its address set forth in this Consent
Agreement. Each such notice or other communication shall be deemed received by the intended
recipient when it is received by the intended recipient at the applicable address or a pickup notice
is left at such address in accordance with the deliver's standard procedures. Any party may
substitute a new address for it to receive notices or other communications hereunder by notifying
the other parties of such new address in accordance with this section, with any such change in
address becoming effective 10 business days after the notice notifying the other parties of the
change.
11. This Consent Agreement shall be binding upon and inure to the benefit of the
parties hereto, and their respective successors and assigns, may be executed in a number of
multiple identical counterparts which, when taken together, shall constitute collectively one
agreement,shall be governed by and construed in accordance with the laws of the State of Florida,
with jurisdiction and venue for its enforcement being in the State and federal courts in and for
Collier County, Florida.
[SIGNATURES ON FOLLOWING PAGES]
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IN WITNESS WHEREOF, the Landlord, Tenant/Leasehold Mortgagor and Lender have
executed this Consent Agreement as of the day and year first above written.
ATTEST: LANDLORD:
Crystal K.Kinzel,Clerk of Courts Board of County Commissioners, Collier
and Comptroller County,Florida,a political subdivision
of the State of Florida, acting as the Collier
County uthority
jgt/14-
:� • By:
�, PENNY TAYL ,Chair
Dated: -`j/ (2/cle
(SEAL) ( ] tQ
signature only.
Approved as to Form and Legality:
Scott R.Teach
Deputy County Attorney
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TENANT/LEASEHOLD MORTGAGOR:
MARCO HANGARS, LLC, a Florida limited
liability company
By:
Print Name: Mirash Vataj
Its: Manager
STATE OF FLORIDA )
COUNTY OF CO ii1d )
The foregoing instrument was acknowledged before me by means of[ ]physical presence
or [ ]online notarization,this AC day of -? mil fry ,2021,by Mirash Vataj,as Manager
of Marco Hangars, LLC, a Florida limited liability company, on behalf of the company. He [ ]
is personally known to me or has produced N 6 4 3$'6-35$ 36Z as identification.
-JeCt CIA-14 al1/1
Notary Public, State of Florida
Commission No.: G6 3 331 (10
My Commission Expires: M/i2 /WZ.3
—
- -——— — ---- - ,
= �.. ELSA SMITHEM
o v
,-":,; Notary Public-State of Florida
VW:,:
Commission 4 GG 333140
". . F�
My Comm.Expires May 12,2023
6
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LENDER:
BERKELEY ALTERNATIVE INCOME FUND I,
LLC, a Mississippi limited liability company
By: 1111:0-nee:/-
Its: , ifi22i'1-ed s, ,e,�
Print Name: .�i4n,'e/ $_ /Ve ,/4 6,
STATE OF GEORGIA )
COUNTY OF ?Li I-1'O(1 )
The foregoing instrument was acknowledged before me by means of[$]physical presence
or [ ] online notarization,this 2(0 day of F'e )rAAar , 2021,by Daniel NJewjer'g
as P k nori2Pd- (';��er orBerkeleyDaniel Alternative Income Fund I,
LLC,a Mississippi limited liability company,on behalf of the company. He/She[X] is personally
known to me or has produced as identification.
.,N NA OW,, KM
Notary Public, State of Georgia
F.c iz i Commission No.: ►j IL'tiB
t.\o ' f' My Commission Expires: O8Ii 120 23
7
CACJ
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EXHIBIT"A"
Legal Description
8
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LEGAL DESCRIPTION OF A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 26, TOWNSHIP 51, RANGE 26E OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN 02. 4395 PG. 1277 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA; THENCE RUN S.12'00'00"E. ALONG THE WEST LINE OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 2034 PG.
1261 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOR A DISTANCE OF 1191.48 FEET TO THE SOUTH LINE OF SAID MARCO ISLAND
EXECUTIVE AIRPORT: THENCE LEAVING SAID LINE, CONTINUE TO RUN S.12'00'00'E FOR 49.70' TO THE SOUTH LINE OF MARCO ISLAND EXECUTIVE
AIRPORT UNITS OF DEVELOPMENT AREA AS RECORDED IN O.R. 5401 POS. 2040-2047; THENCE ALONG THE BOUNDARY LINE OF SAID DEVELOPMENT
AREA RUN S.78'00'0O'W. FOR A DISTANCE OF 69.13 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE ALONG SAID LINE RUN 5.78'00'00'W. FOR A DISTANCE OF 246.00 FEET; THENCE LEAVING SAID LINE RUN N.12'00'OO'W. FOR A DISTANCE OF
478,00 FEET; THENCE RUN N.78'00'00"E. FOR A DISTANCE OF 246,00 FEET; THENCE RUN S.1700'00"E. FOR A DISTANCE OF 478.00 FEET, TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 2.69 ACRES, MORE OR LESS.
BEARINGS REFER TO THE WEST LINE OF MARCO ISLAND EXECUTIVE AIRPORT AS RECORDED IN O.R. 2034 PG. 1261 OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA AS BEING S12'00'00"E. D6g11allysignedby
John Hilton
HOLE MONIES, INC. _ . fi.T�.... DN:cn=John H1lton,
CERTIFICATE OF AUTHORI TION LB 11772 : Y?�7i�a'4;.. owHok Monies,
i en,i=;a s : Survey
! Department,
IV OAR• ;j1 i Department.
�n;�, ,,;** email=JohnhihorrPh
�' � _ �.`_'_---� ...<;ai:i1N,+' meng.com.c•.US
Pate:2019.06.07
BY: P.S.M. #6278 o944:S9.04'00'
JOHN J. HILTON *THIS IS NOT A SURVEY*
SEC-7WN-ROE: r -
950 Encore Way
PNO.I.C1 NO.
20-01-20 Nopl��, FL. 341l0 18.082
DRAWN UI TSATE Phonot (239 254-200o SKETCH AND LEGAL DESCRIPTION
JAI 0(/fto HOLE MONIES Flortdo Certlflaoh of Hhrt:NtRt.E NO.
CHECKED kW: DRAWING NO. IMAMS MEM MOMS NEW HANGAR
OEN H-1012 Authorization No.1772
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