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HomeMy WebLinkAbout2022-103WHEREAS, the parties have agreed that LESSEE will continue to provide aircraft rescue A TRUE COPY and firefighting (hereinafter "ARFF") services to LESSOR, as long as LEMAT�� s GE services, which ARFF Agreement shall be executed simultaneously and incorporated herein, and, WHEREAS, LESSOR desires to maintain FIRE STATION 3 on AIRPORT property to provide ARFF services to AIRPORT, and LESSOR is, at this time, required by the Federal Aviation Administration ("FAA") to maintain such services; and, WHEREAS, LESSOR maintains the FIRE STATION 3 on Airport property to provide ARFF services to AIRPORT, where required, as well as to provide other firefighting and emergency services to areas off -premises, which is advantageous to the health, safety, and welfare of the citizens of Vero Beach and serves an important public purpose. NOW, THEREFORE, in consideration of the mutual promises herein, the parties hereby agree as above and as follows: ARTICLE 1 PURPOSE AND INTENT The parties agree that the above recitals are true and correct, and by this reference are incorporated herein to this Lease Agreement ("LEASE"). All Exhibits referred to in this LEASE are intended to be and hereby are specifically made a part of this LEASE. ARTICLE 2 PREMISES Subject to the terms, covenants, and conditions contained herein, LESSOR does hereby demise and lease to LESSEE, and LESSEE hires, rents, and leases from the LESSOR, the real property attached hereto marked Exhibit "A" boundary survey and legal description for Parcel FIRE STATION 3 furnished by the LESSOR, real property located at the AIRPORT at 2900 43rd Avenue, Page 5 of 41 Vero Beach, Indian River County, Florida, known as, Parcel ID: 32-39-26-00011-0480-00001.1, A TRUE COPY consisting of land of approximately 103,500 square feet (+/-), together with the n "fJ8AGE J.R. SMITH, CLERK use, in common with the AIRPORT and others, any public roads, walkways, and other public areas on the AIRPORT for access to and from the Leased Premises (hereinafter the "Premises"). Subject to all dedications, easements, restrictions, abandonments, reservations, and rights-of-way of record. ARTICLE 3 TERM; OPTION TO RENEW Section 3.1. Term. The Term of this LEASE shall be for a period of thirty (30) years from the Effective Date, commencing on October 1, 2021, and terminating on September 30, 2051, ("hereinafter Term"). Section 3.2. Option(s) to Renew. Provided that this LEASE and any related agreement between the parties are in full force and effect and neither party is in default or breach, the parties shall have the option to renew this LEASE for two 2 additional terms of ten (10) years per term. Such option(s) may only be exercised by signed, written agreement by the parties, and may only be exercised on the condition that LESSEE continues to provide ARFF services to LESSOR in accordance with a valid agreement, if LESSOR so requires. ARTICLE 4 RENT; SECURITY DEPOSIT; TAXES; RENT ADJUSTMENT Section 4.1. Rent. In addition to other good and valuable consideration, for the use of the Premises as detailed herein, LESSEE shall pay LESSOR as base rental payments: Two -Thousand, Two -Hundred and Page 6 of 41 Thirty and 27/100 Dollars ($2,230.27) per month during the Term of this LEASE. This monthly A TRUE COPY base rental amount is based on 88,500 +/- square feet of land at $0.3024 pcp-3q &Nt ANrp'XWr, J.R. SMITH, CLERK 15,000+/- square feet of drainage easement land at $0.00 per square foot per year, and 19399+/ - square feet of building at $0.00 per square foot per year. Rent shall be due on the first (1st) day of each month. Failure to pay the monthly amount due in full by the tenth (10th) of each month shall result in the assessment of a late charge of five percent (5%) of the amount then owed or Fifty and 00/100 Dollars ($50.00), whichever is greater. Section 4.2. Rent Payment Location. By Mail: City of Vero Beach/Airport Lease Payments P.O. Box 1389 Vero Beach, Florida 32961-1389 In Person: City of Vero Beach/Cashiers 1036 20th Street Vero Beach, Florida 32960 Section 4.3. Security Deposit. No Security Deposit shall be required. Section 4.4. Taxes. LESSEE shall be responsible to pay all legally imposed taxes, fees, or assessments accruing during the term(s) of this LEASE, for which the leasehold is not otherwise exempt under Florida law. LESSEE acknowledges that nonpayment of any such tax cannot and does not constitute a lien against LESSOR's interest in the Premises and will instead constitute a personal obligation of LESSEE to the governmental unit imposing such tax. Page 7 of 41 Section 4. S. Rent Adjustment. No Rent Adjustment shall be required during the Term of this LEASE. ATRUE COPY CERTIFICATION ON LAST PAGE Section 4.6. Utilities. J.R. SMITH, CLERK All taxes, fees, costs, utilities, and insurance costs due on the Premises during the Term shall be borne by LESSEE. LESSEE shall be responsible to ensure proper utility service to the Premises and must be in compliance with building code requirements. LESSEE shall pay for any and all impact fees and connection fees. LESSEE must pay for all utilities consumed or produced within the Premises, including, but not limited to, water, sewer, electricity, gas, telephone, television, Internet access, trash removal, grease removal, and hazardous waste removal, during the Term of this Lease and any subsequent terms. ARTICLE 5 USE OF PREMISES Section 5.1. Permitted Uses. LESSEE shall use the Premises only for the limited purpose of the continued existence of a FIRE STATION 3 at the Airport and for the emergency services purposes incident thereto. LESSEE is limited to the following activities for the Term of this LEASE and any option to renew period: (a) To provide ARFF Services to LESSOR in accordance with 14 CFR Part 139, or to an alternate level of training and proficiency as agreed upon by both parties in the event that Part 139 no longer applies, or to the training requirements necessary for any change in ARFF index, as determined by the CITY. (b) To store and maintain any equipment required under 14 CFR Part 139, and any other essential firefighting or emergency equipment; To provide ARFF Services to LESSOR in accordance with 14 CFR Part 139, or to an alternate level of training and proficiency as agreed- Page greed Page 8 of 41 upon by both parties in the event that Part 139 no longer applies, or to the training requirements necessary for any change in ARFF index, as determined by the CIT TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK (c) To conduct appropriate firefighting and trainings as required by State and Federal law; (d) To conduct safety inspections at the physical facility of the Airport; and (e) To supervise and direct all activities relating to accidents involving potentially hazardous materials. Whether a use of the Premises meets this Section shall be determined in LESSOR's sole discretion by LESSOR's Airport Director, after consultation with LESSEE's County Administrator. Nothing in this LEASE shall be construed to limit the functions of LESSEE in the event of an imminent threat to health, safety, or welfare, or other emergency. Any additional uses of the Premises not involving ARFF services or other related emergency services must be approved by LESSOR through a signed, written agreement. All uses shall be in compliance with the CITY's comprehensive plan, and all applicable zoning and land use codes and other laws. Section 5.2. Non-interference with Airport. Except where otherwise required in an emergency, LESSEE agrees to refrain from and prevent any use of the Premises or the Airport, which would interfere with, disturb, or adversely affect the operation or maintenance of the Airport, or otherwise constitute an Airport hazard or a nuisance. LESSEE shall make no unlawful, improper, or offensive use of the Premises. Section 5.3. Waste; Surrender of Possession. LESSEE will not commit or permit waste of the Premises and must quit and voluntarily deliver up possession of the Premises at the end of the Term in as good condition as at the beginning of this LEASE, and all fixtures, equipment, and improvements in as good condition as when installed or Page 9 of 41 constructed, excepting only ordinary wear and tear. LESSEE shall have no obligation to remove any of the fixed improvements. A TRUE COPY CERTIFICATION ON LAST PAGE Section 5.4. Existing Building; Premises Leased "ASIS." J.R. SMITH, CLERK The Premises includes an existing building to be used by LESSEE for providing emergency services. The building and improvements on the Premises are leased in an "AS IS" condition, and the same are suitable for the uses intended by LESSEE. LESSEE agrees to accept the Premises strictly in "as is" condition, and no representation has been made to LESSEE concerning the suitability of the Premises for LESSEE's purposes. LESSEE will bear the sole cost and expense of all improvements on the Premises, including, without limitation, design, permitting, materials, construction, insurance, utilities, maintenance, and repair. ARTICLE 6 ENVIRONMENT; CONSTRUCTION Section 6.1. Ownership Held by LESSOR. The LESSEE is granted a leasehold in government property at the AIRPORT under this LEASE with the land, buildings, and other improvements being retained by LESSOR as a leased fee, as stated in this LEASE and as set forth in Attachment "B." All building and other improvements to real property (including those built or otherwise added by LESSEE) shall be owned by LESSOR from the outset and remain government property throughout the Term of this LEASE. LESSOR'S retained interest does not diminish or abridge any leasehold interest conveyed to LESSEE hereunder. If LESSEE exercises an option to renew, LESSEE'S rent shall be adjusted as set forth in Attachment «B .19 LESSEE will have the right to remove any furnishings and improvements that have not assumed the nature of realty, provided same is done prior to termination or expiration of this LEASE, Page 10 of 41 LESSEE is not then in default hereunder beyond any applicable cure period, and LESSEE repairs any damage caused by such removal. Any such property remaining after the terminhOff-cWapiration of CERTIFICATION ON LAST PAGE J.this LEASE shall immediately become the property of LESSOR unless otherwise agreled' �ySSOR in writing. Section 6.2. Environmental Site Assessment. (a) Attached hereto, and incorporated herein as Exhibit "C." is a copy of the Environmental Site Assessment Phase I. LESSOR and LESSEE accept this report as an accurate representation of the environmental condition of the Premises as of the commencement date of this LEASE. (b) Upon termination of the LEASE, LESSEE, at LESSEE's expense, shall conduct a Phase I Environmental Assessment of the leased property. The results of this report shall be compared to the results of the Environmental Site Assessment Phase I described in paragraph (a) above, to determine whether or not the leased property was contaminated during the Term of the LEASE. If a Phase II Environmental Assessment is recommended by the environmental auditor and it is determined to have been caused by LESSEE, LESSEE shall be responsible for any and all costs associated with the Assessment and environmental remediation pursuant to the terms of Section 19, Environmental Provisions, of Attachment "B" of this LEASE if determined to be caused by LESSEE. Section 6.3. Stormwater Retention and Detention. As provided in LESSOR's leasehold development standards, all required stormwater retention and detention facilities must be located within the perimeter of the Premises, except that LESSEE may utilize an existing common -use stormwater retention system if LESSOR is satisfied that there is Page 11 of 41 one that serves the leasehold area and it has sufficient capacity (without enlargement) to accommodate the requirements of the leasehold. A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Any new stormwater detention or retention facilities must be designed in conformance with FAA Advisory Circular 150/5200-33A, "Hazardous Wildlife Attractants on or Near Airports." LESSEE acknowledges that the Airport's stormwater discharge permit is incorporated by reference into this LEASE. LESSEE covenants that its use of the Premises will not cause any violation of said permit. Further, LESSEE agrees to participate in any LESSOR -organized task force or other work group established to coordinate stormwater activities at the Airport. Section 6.4. Access To/From Premises. LESSOR shall have final authority to determine LESSEE's point or points of access to the site and final authority to review, and approve or reject, any plans proposed by LESSEE for LESSEE's construction of roadways, driveways, or the like, for ingress to and egress from the Premises. Section 6.5. Compliance with Environmental Laws. As a material inducement to LESSOR to lease the Premises to LESSEE, LESSEE covenants and warrants that LESSEE and LESSEE's use of the Premises will at all times comply with and conform to all Environmental Laws. "Environmental Laws" shall include any and all federal, state, and local statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, permits, concessions, grants, franchises, licenses, agreements, or other governmental restrictions relating to the environment or to emissions, discharges, releases or threatened releases of pollutants, contaminants, chemicals, or industrial, toxic, or hazardous substances, materials or wastes into the environment including, without limitation, ambient air, surface water, ground water, or land, or otherwise relating to the Handling (as hereinafter defined) of pollutants, contaminants, chemicals, or industrial, toxic, or hazardous substances or Page 12 of 41 wastes. "Handling" shall include use, treatment, storage, manufacture, processing, distribution, transport, placement, handling, discharge, generation, production, or disposal. A TRUE COPY CERTIFICATION ON LAST PAGE Section 6.6. Clean Air and Water Pollution Control. J.�. st°� I CLERK LESSEE agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 USC §§ 740-7671 q) and the Federal Water Pollution Control Act as amended (33 USC §§ 1251-1387). LESSEE agrees to report any violation to LESSOR immediately upon discovery. LESSEE assumes responsibility for notifying the Environmental Protection Agency (EPA) and the FAA. LESSEE must include this requirement in all subcontracts that exceed $150,000. ARTICLE 7 RIGHT OF ENTRY LESSOR's agents or employees will have the right to enter the Premises for any legal purpose, including, but not limited to: (a) view and inspect the Premises, or make repairs, at any time during LESSEE's regular hours; (b) view and inspect the Premises, or make repairs, at any time in the event of emergency; and (c) perform any and all things which LESSEE is obligated to and has failed to do after fifteen (15) days' written notice to act, including maintenance, repairs, and replacements to the Premises, unless LESSEE already is making a reasonable effort to effectuate corrective measures. The cost of all labor, materials, and reasonable overhead charges required for performance of such work will be promptly paid by LESSEE to LESSOR. Such access may be conditioned upon being escorted by LESSEE's agents or employees, Page 13 of 41 unless LESSOR's agents or employees in question: (a) are acting in their law enforcement capacity under LESSOR's police power; or (b) require immediate access to the Premiseadue COPY emergency RUE CERTIFICATION ON LAST PAGE situation. J.R. SMITH, CLERK ARTICLE 8 COMPLIANCE WITH LAWS, ORDINANCES, AND REGULATIONS LESSEE (including its officers, agents, servants, employees, contractors, suboperators, and any other person over which LESSEE has the right to control) shall comply at all times with all present and future laws, including the Airport Rules and Regulations, as amended, and as may be further amended or superseded, and all other statutes, ordinances, orders, directives, rules, and regulations, of the federal, state, and local governments, including LESSOR, the Transportation Security Administration ("TSA") and the FAA, which may be applicable to its operations at the AIRPORT. The provisions of Attachment "A" (Resolution 2015-30, Airport Leasing Policy) and Attachment "B" (Standard Lease Provisions for Airport Tenants), as adopted by LESSOR, and as amended from time to time, are incorporated herein and specifically made a part of this LEASE. The parties agree that should any provisions of this LEASE conflict with any provisions of the Attachments (A or B), the provisions of this LEASE shall prevail, unless otherwise noted. ARTICLE 9 RELEASE, INDEMNITY, AND HOLD HARMLESS Notwithstanding any minimum insurance requirements prescribed elsewhere in this LEASE, LESSEE agrees to release, defend, indemnify, and hold harmless LESSOR and its Council Members, officers, agents, and employees) from: 1) any and all injury, loss, or damage, of any nature whatsoever, to any person or property in connection with the use of the Premises by LESSEE, its subtenants, employees, Page 14 of 41 agents, contractors, and invitees, except to the extent caused by negligence of A TRUE COPY LESSOR (and/or its officers, agents, and employees); CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 2) any and all injury, loss, or damage, of any nature whatsoever, to any person or property (including but not necessarily limited to contamination to the environment) in connection with the installation, maintenance, repairs, and removal of any underground storage tanks or other tanks; and 3) any and all fines or penalties imposed on LESSOR by any governmental agency (including but not limited to the FAA and the TSA as a result of the failure of LESSEE or its agents, employees, or contractors, to abide by or comply with any statute, ordinance, rule, regulation, or other requirement (including, but not limited to, environmental damage or breaches of the Airport's security). LESSEE agrees to release LESSOR from any injury, loss, or damage, caused by criminal acts of third parties. LESSEE agrees that LESSOR is not responsible or liable for any acts, errors, or omissions of the TSA, FAA, or any other governmental agency. Nothing herein shall be interpreted or construed to mean that either party waives its common law sovereign immunity or the limits of liability set forth in Section 768.28, Florida Statutes. ARTICLE 10 INSURANCE REQUIREMENTS LESSEE must procure and maintain during the LEASE Term at its own expense, for the protection of LESSOR and LESSEE, in form satisfactory to LESSOR: Section 10.1. General Liability Insurance. LESSEE shall maintain general liability insurance providing all risks coverage which protects LESSOR, LESSOR's elected officials, employees, officers, and agents, and LESSEE, from claims Page 15 of 41 arising from bodily injury, property damage, operations, fire, and legal liability. Such insurance A TRUE COPY coverage shall have a combined single limit of not less than $3,000,000 perjiRTd; aggregate. Coverage shall be provided in a form no more restrictive than the latest edition of the commercial general liability policy filed by the Insurance Services Office. LESSEE's insurance shall be primary and any other insurance maintained by LESSOR shall be in excess of and shall not contribute with LESSEE's insurance. Section 10.2. Property Insurance. LESSEE shall maintain during the full Term of the LEASE, at LESSEE'S sole cost and expense, LESSEE shall provide, maintain, and pay for a property insurance providing coverage of not less than one -hundred percent (100%) of the insurable replacement value, without deduction for depreciation, for the demised Premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. Said property insurance shall cover the improvements and betterments from loss due to fire, windstorm, flood, and any other peril included in the broadest available standard form of extended coverage. Coverage shall be in an amount sufficient to meet the co-insurance requirements of the policies, but not less than the full insurable value thereof. Deductibles for all perils, except windstorm, shall not be greater than two percent (2%) of the full insurable replacement value, without deduction for depreciation, for the demised Premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. Deductibles for windstorm damages shall not exceed five percent (5%) of the full insurable replacement value, without deduction for depreciation, for the demised Premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. The policy shall be endorsed to make any loss payments payable jointly to the LESSOR and LESSEE for losses covered under such policies. Page 16 of 41 In the event of damage and/or destruction to the buildings, improvements, betterments and equipment, all proceeds from such policy shall be utilized by LESSEE to A�IW9U%WA9)r" J.R. SMITH, CLERK damaged or destroyed buildings, improvements, betterments and equipment. LESSEE may request consent from LESSOR not to repair and/or replace the damaged or destroyed buildings, improvements, and equipment. LESSOR, in its sole discretion, may either accept or reject LESSEE'S request not to repair and/or replace. If the LESSOR rejects LESSEE'S request not to repair and/or replace, then LESSEE must utilize all insurance proceeds to repair and/or rebuild pursuant to this paragraph. If LESSOR consents to LESSEE'S request not to repair and/or replace, then the insurance proceeds shall be prorated between the LESSOR and the LESSEE based upon the time period left in the LEASE before the reversion of all structures and improvements (fixtures) to the LESSOR (example: if LESSOR consents to LESSEE'S request not to repair and/or replace and the lease is in the 28' year of a 30 -year lease, the insurance proceeds would be dispersed 28/30th to the LESSOR and 2/30th to the LESSEE). As soon as is reasonably possible after damage and/or destruction to the buildings, improvements, betterments and equipment, but no later than eighteen (18) months after said damage and/or destruction, LESSEE shall, at the LESSEE'S sole expense (using insurance proceeds available for that purpose, along with LESSEE'S own funds), commence to either repair or restore the buildings, improvements, betterments and equipment as completely as possible to their condition immediately prior to the damage, or, in the alternative, replace the structures, improvements, betterments and equipment with structures approved in advance, in writing, by LESSOR. In the event any insurance proceeds of such policy shall remain unused after the completion of restoration or rebuilding to the LESSOR'S satisfaction, evidenced in writing, and if the LESSEE Page 17 of 41 shall not be in default under the LEASE, then the remaining funds shall be paid to LESSOR for any unpaid rent and other sums due, with any remaining sum paid to the LT�COPY '� �`�'CATION ON LAST PAGE J.R. SMITH, CLERK (a) All insurance required by this Section shall be with a company licensed to do business in the state of Florida, and be otherwise satisfactory to the LESSOR. (b) Recognizing the extended term of the LEASE, LESSEE agrees that the LESSOR shall have the right to periodically review the adequacy of the required insurance and amend the insurance requirements of this section. Factors which may be considered include, but are not limited to, changes in generally accepted insurance industry standards and practices, changes in LESSEE'S use of the Premises, measurable changes in local and national economic indicators and changes in City policies and procedures. (c) The insurance policies shall name the LESSOR as an additional insured for liability insurance and as loss payee for property insurance and shall include provision for at least thirty (30) days advance notice to LESSOR by the insurer prior to any policy change, amendment, termination or expiration of coverage. LESSEE shall cause the insurer to provide proof of the required insurance to the LESSOR before LESSEE takes possession of the Premises and shall cause the insurer to continue to supply such proof to the LESSOR for each term of coverage. LESSEE'S insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with LESSEE'S insurance. (d) In the event that LESSEE should fail for any reason to procure or maintain insurance coverage at the minimum amounts required herein, or at the written request of LESSEE, LESSOR, at LESSOR's sole discretion, may secure insurance coverage at LESSEE's expense, or may declare LESSEE in default. LESSEE shall reimburse LESSOR for the cost of such insurance coverage secured by LESSOR within thirty (30) days of LESSEE's receipt of an invoice from LESSOR for Page 18 of 41 such insurance coverage. LESSEE shall be responsible for the payment of any applicable deductibles set out in the insurance policy secured by LESSOR. ATRUE COPY CERTIFICATION ON LAST PAGE Section 10.3. Commercial Auto Insurance. J.R. SMITH, CLERK LESSEE shall maintain commercial auto insurance for replacement value and automobile liability insurance for the ARFF vehicle(s). The liability insurance shall be a combined single limit of $3,000,000. Section 10.4. Worker's Compensation Insurance. LESSEE shall maintain worker's compensation insurance meeting mandatory statutory limits, and include: • $1,000,000 each accident. • $1,000,000 bodily injury by disease each employee. • $1,000,000 bodily injury by disease policy limit. Section 10.5. Pollution Liability Insurance. LESSEE shall maintain pollution liability insurance for sudden or gradual release of pollutants. Such coverage shall have a minimum limit of $1,000,000 per occurrence. Section 10.6. Additionally Insured LESSOR shall be named as an additional insured for liability insurance, and shall include provision of at least thirty (30) days' advance notice to LESSOR prior to any policy change, amendment, termination or expiration of coverage. LESSEE shall provide proof of the required insurance to LESSOR before each term of coverage. LESSEE's insurance shall be primary and any other insurance maintained by LESSOR shall be in excess of and shall not contribute with LESSEE's insurance. LESSEE shall be responsible for the payment of any applicable deductibles set out in the insurance. Certificates of all policies evidencing the insurance required, including renewal policies, Page 19 of 41 must be delivered to LESSOR. Each such policy or certificate shall contain a valid endorsement that such insurance will not be canceled or materially changed or altered withoutTfitrwgiving advance CERTIFICATION ON LAST PAGE written notice to LESSOR. J.R. SMITH, CLERK ARTICLE 11 CASUALTY Section 11.1. Notice to LESSOR. If the Premises, or any improvement thereon, is damaged or destroyed by fire, hurricane, tornado, or any other casualty, LESSEE shall promptly give written notice to LESSOR of the date and nature of such damage. Section 11.2. Damage Due to Insurable Cause within Term, or Minor Damage. If any improvements on the Premises are damaged and: (a) such damage: (1) occurs by fire, hurricane, tornado, or other casualty of the type which LESSEE is required to provide coverage for, or which is covered by any insurance policy carried by LESSEE; and (2) occurs within the Term (as set forth in Section 2.1 above); or (b) any building or buildings are damaged so as to collectively require, for Restoration, as defined below, an estimated expenditure of not more than ten percent (10%) of the full insurable value of all buildings on the Premises immediately prior to the casualty (as determined by an "Independent Architect" as defined below); then: 1) LESSEE shall, at its own cost and expense, promptly repair, replace, and rebuild it, at least to the extent of the value and as nearly as practicable to the character of the Premises and improvements existing immediately prior to the occurrence of such damage (the "Restoration"); Page 20 of 41 2) LESSEE's Restoration shall be made in accordance with the procedures set forth above A TRUE COPY for LESSEE's initial construction (including but not limited to LMCWVfWUUAffCPAGE J.R. SMITH, CLERK approval of plans); and 3) In the event of a casualty resulting in a loss payment for the improvements in an amount greater than One -Hundred Thousand and No/100 Dollars ($100,000.00) as adjusted by the change in the Rent from the commencement date of the date of the casualty, the proceeds of all insurance policies maintained by LESSEE attributable to the replacement of the improvements, but not LESSEE's personal property, shall be deposited in LESSOR and LESSEE's joint names in an escrow account at a bank or other financial institution designated by LESSOR, and shall be used by LESSEE for the repair, reconstruction, or restoration of the improvements. Such proceeds shall be disbursed periodically upon certification of the architect or engineer having supervision of the work that such amounts are the amounts paid or payable for the repair, reconstruction, or restoration. LESSEE shall obtain, and make available for LESSOR receipted bills and, upon completion of said work, full and final waivers of lien. 4) In the event of a casualty resulting in a loss payment for the improvements in an amount equal to or less than the amount stated above, the proceeds shall be paid to LESSEE, and shall be applied towards repair, reconstruction, and restoration. In the event the insurance company monitors the repair, reconstruction, or restoration of the improvements, the parties acknowledge that the proceeds may not be disbursed in advance of invoices from contractors, and therefore, not paid in advance, in order to escrow the proceeds. In the event the proceeds are not escrowed in advance of Page 21 of 41 payments due for the repair, reconstruction, or restoration of the improvements, the A TRUE COPY proceeds shall be jointly payable to LESSOR and LESSEE. CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 5) If the insurance proceeds are insufficient to pay the cost of Restoration, LESSEE must pay the shortfall. If the proceeds exceed the cost of Restoration, LESSEE will be entitled to the surplus, unless LESSEE is in default under this LEASE. In the latter event, the surplus must be applied to the default; the remainder, if any, will be paid to LESSEE. An "Independent Architect" shall mean an architect or engineer that is licensed to practice in the state of Florida, who has experience in estimating cost of construction and repair, and who is selected by agreement between LESSOR and LESSEE; however, if the parties do not agree and LESSEE rejects or does not approve, within thirty (30) days of LESSOR's written proposal, any two (2) independent licensed architects or engineers, then the "Independent Architect" may be selected unilaterally by LESSOR (but shall not be one (1) of the two (2) originally proposed by LESSOR, if such architect(s) or engineer(s) were expressly rejected by LESSEE in writing within said thirty (30) day time period). If the parties cannot agree on selection of an Independent Architect, LESSOR may choose one of the architects authorized to be used by the LESSEE per CCNA procedures. In any event, the fee charged by the "Independent Architect" shall be split equally between LESSOR and LESSEE. If the construction work on the Restoration has: 1) not commenced by the later of: a. twelve (12) months after the insurance settlement; or b. twenty-four (24) months after the casualty; or 2) has commenced but bona fide work is not actively continuing; Page 22 of 41 LESSOR shall give written notice to LESSEE, ofLESSOR's intention to terminate the LEASE within A TRUE COPY sixty (60) days, unless LESSEE can demonstrate that LESSEE has made CE TIFICAtTaON ONSITI��F sh", TyRk diligent effort to commence or continue bona fide construction work, failing which this LEASE shall terminate at the end of said sixty (60) day period, and any and all remaining insurance proceeds (whether held by LESSOR, the leasehold mortgagee, or otherwise) shall be applied, first, to completing the required Restoration, and second, to paying off the leasehold mortgage (but only to the extent the leasehold mortgage secures amounts actually spent by LESSEE on improvements to the Premises, plus interest), and third, to LESSOR. Section 11.3. Major Damage Due to Uninsurable Cause or Near End of LEASE Term. If any building or buildings are damaged and: (a) such damage: (1) occurs by a cause, such as war or nuclear attack, not of the type which LESSEE is required to provide coverage for, and which is not covered by any insurance policy carried by LESSEE; or (2) the damage occurs after the end of the Term; and (b) the building or buildings are damaged so as to collectively require, for Restoration, an estimated expenditure of more than ten percent (10%) of the full insurable value of all buildings on the Premises immediately prior to the casualty (as determined by an "Independent Architect as defined above), then: LESSEE shall have the option to elect to terminate this LEASE by providing written notice to LESSOR, in the manner provided herein, within six (6) months of the date of said casualty. If LESSEE does not so exercise this option to terminate, then: (1) LESSEE shall, at its own cost and expense, promptly repair, replace, and rebuild it, at least to the extent of the value and as nearly as practicable to the character of the Premises and improvements existing immediately prior to the occurrence of such damage; (2) LESSEE's Restoration shall be made in accordance with the Page 23 of 41 procedures set forth above for LESSEE's initial construction (including, but not limited to, LESSOR's review and approval of plans); and (3) any and all insurance proceeds attribute JfF C PY WftFMJAgMq J.R. SMITH, CLERK of the improvements, but not LESSEE's personal property, shall be deposited in LESSOR and LESSEE's joint names in an escrow account at a bank or other financial institution designated by LESSOR (or, if required by a leasehold mortgage approved pursuant to Article 7 above, to the leasehold mortgagee) to be used by LESSEE for the repair, reconstruction, or restoration of the improvements. Such proceeds shall be disbursed periodically upon certification of the architect or engineer having supervision of the work that such amounts are the amounts paid or payable for the repair, reconstruction, or restoration. LESSEE shall obtain, and make available to LESSOR, receipted bills, and upon completion of said work, full and final waivers of lien. In the event the insurance company monitors the repair, reconstruction, or restoration of the improvements, the parties acknowledge that the proceeds may not be disbursed in advance of invoices from contractors and therefore not paid in advance in order to escrow the proceeds. In the event the proceeds are not escrowed in advance of payments due for the repair, reconstruction, or restoration of the improvements, the proceeds shall be jointly payable to LESSOR and LESSEE. If the insurance proceeds are insufficient to pay the cost of Restoration, LESSEE must pay the shortfall. If the proceeds exceed the cost of Restoration, LESSEE will be entitled to the surplus, unless LESSEE is in default under this LEASE. In the latter event, the surplus must be applied to the default; the remainder, if any, will be paid to LESSEE. If LESSEE does so elect to terminate the LEASE, then any and all insurance proceeds received and receivable as a result of on account of casualty damage shall be payable, first, to paying off the leasehold mortgage (but only to the extent the leasehold mortgage secures amounts actually spent by LESSEE on improvements to the Premises, plus interest), and second, split between LESSOR and Page 24 of 41 LESSEE on a pro rata basis, with LESSEE's percentage share being equal to the time that was (but A TRUE COPY for the termination) remaining on the Term of this LEASE (as extendecl✓hVmWIgpbppAg;may J.R. SMITH, CLERK exercised prior to the date of the casualty) as of the date of the casualty, divided by the time between the Rent Commencement Date and the end of the Term of this LEASE as extended by any options already exercised prior to the date of the casualty, and LESSOR's percentage being the remaining share. (For the purposes of this paragraph, the "Term of this LEASE" refers to the term applicable to the land under the damaged building or buildings.) Notwithstanding the preceding sentence, in the event LESSEE terminates this LEASE, LESSEE will pay LESSOR all rents and fees, which accrue, prorated as of the date LESSEE has so terminated and surrendered the Premises to LESSOR. ARTICLE 12 GENERAL PROVISIONS Section I Z I. Notice. Notice to LESSOR shall be sufficient if sent by registered or certified mail, postage prepaid, or by a nationally recognized overnight delivery service (e.g. Federal Express, UPS, Airborne Express, or DHL), to: City of Vero Beach Attn: Airport Director 3400 Cherokee Drive Vero Beach, Florida 32960 Section 12.2. Captions. with copy to: City of Vero Beach Attn: City Manager P.O. Box 1389 Vero Beach, Florida 32961-1389 The captions within this LEASE are inserted for convenience only, and are not intended to define, limit, or describe the scope or intent of any provisions, and shall not be construed to affect, in any manner, the terms and provisions hereof or the interpretation or construction thereof. Section 12.3. Breach of LEASE. Page 25 of 41 Any violation or breach of the duties and obligations imposed by the LEASE and incorporated A TRUE COPY documents and the rights and remedies on the part of LESSEE may res4 .R1JF1A4�10 MgfMG& ITH, CLER termination of this LEASE or such other action that may be necessary to enforce the rights of the parties to this LEASE. LESSOR will provide LESSEE written Notice, describing the nature of the breach and any corrective actions LESSEE must undertake, and shall include a reasonable date by which to correct the breach. The duties and obligations imposed by the LEASE and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Section 12.4. Tinte. Time is of the essence in the performance of this LEASE. Section 12.5. Governing Law; Forum Selection and Venue. This LEASE shall become valid when approved by LESSOR's City Council and the Board of County Commissioners, Vero Beach, Florida; it will be deemed made and entered into in the state of Florida and will be governed by and construed in accordance with the laws of Florida. In the event that that there is a change in ARFF Index under Part 139 as determined by the City, the City shall be responsible for any additional necessary training costs required by such change. In the event of a dispute between the parties, all actions or proceedings will be brought and litigated exclusively in the state courts located in Indian River County or in the federal courts located in St. Lucie County, Florida. Section 12.6. Assignment. Page 26 of 41 This LEASE shall not be assigned, transferred, hypothecated, sold, mortgaged, or otherwise A TRUE COPY encumbered. Any such assignment, transfer, or encumbrance shall be null ar>tFuktAndM64bf0xwl J,R. SMITH, CLERK effect. Section 12.7. Attorney's Fees and Costs. In the event there arises between the parties any dispute or litigation regarding the terms and conditions of this LEASE, each party shall be responsible for its own attorney's fees and costs. Section 12.8. Non -waiver of Rights. This LEASE may only be modified, altered, or amended, in whole or in part, by a written instrument setting forth such changes and signed by all parties hereto. This LEASE and attachments hereto constitute the entire agreement and understanding between the parties and all other agreements and understandings between them, related to LEASE of the Premises, whether oral or written, are hereby deemed void and merged into this LEASE. LESSOR's acceptance of rent, or any act of forbearance concerning any breach or violation of this LEASE by LESSEE shall not be construed as a wavier of any rights LESSOR has hereunder. No delay or omission on the part of LESSOR in exercising any right hereunder shall operate as a waiver of such right or any other right. Section 12.9. Administration ofLEASE. Whenever in this LEASE, LESSEE is required or permitted to obtain the approval of, consult with, give notice to, receive notice from, or otherwise deal with LESSOR, LESSEE shall deal with LESSOR's authorized representative; and unless and until LESSOR gives LESSEE written notice to the contrary, LESSOR's authorized representative shall be LESSOR's Airport Director. Section 12.10. Airport Development. Page 27 of 41 LESSOR reserves the right to further develop, change, or improve the Airport and its routes and landing areas as LESSOR sees fit, without LESSEE's interference or hin4r?4jkeC# regardless of CERTIFICATION ON LAST PAGE LESSEE's views and desires. J.R. SMITH, CLERK Section 12.11. LESSEE's Use and Construction to Comply with Federal Aviation Regulations. LESSEE agrees to conform to all applicable Federal Aviation Regulations in any operation or construction on the Premises. LESSEE agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations (which may be amended or replaced by other regulations from time to time) before constructing any improvements or modifying or altering any structure on the Premises. Section 12.12. LESSEE's Noninterference with Aircraft.; LESSOR Noninterference with Emergency Services. LESSEE and its successors, assigns, and sublessees will not use the Premises or any part of the Airport in any manner, or act in any manner, that might interfere with any aircraft landing, taxiing, or taking off from the Airport or otherwise create a hazard. If this covenant is breached in any way, LESSOR reserves the right to enter the Premises and abate or eliminate the interference at the expense of LESSEE. LESSOR will not unreasonably interfere with LESSEE's use of the Premises to provide Emergency Services. Section 12.13. Maintenance of Premises and Equipment. LESSEE agrees that LESSOR shall have no responsibility for the maintenance of the Premises, including any improvements thereon, and that LESSEE shall, at LESSEE's own expense, keep in good order and repair, inside and out, all buildings, including, but not limited to, the air conditioning, machinery, plumbing, wiring, pipes, gas, steam, electrical fittings, and all other Page 28 of 41 emergency services equipment. It shall be LESSEE's responsibility to keep the Premises clean and A TRUE COPY to dispose of all debris and other waste matter which may accumulate. LE (� tTWAW&T1? CLERK grounds, landscaping, and parking areas in accordance with the same standards by which LESSOR maintains the Airport grounds, landscaping, and parking areas. ARTICLE 13 ADDITIONAL FAA CLAUSES Section 13.1. Incorporation of Required Provisions. The parties incorporate herein by this reference all provisions lawfully required to be contained herein by the FAA or any other governmental body or agency. In the event that the FAA or any successor requires modifications or changes in this LEASE as a condition precedent to the granting of funds for the improvement of the Airport, or otherwise, LESSEE agrees to consent to such amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions, or requirements of this LEASE as may be reasonably required. Section 13.2. Airport Protection. It shall be a condition of this LEASE, that LESSOR reserves unto itself, its successors, and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for the navigation of or flight in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the airport. LESSEE agrees for itself, its successors, and assigns, to restrict the height of structures, objects of natural growth, and other obstructions on the Premises to such a height so as to comply with Federal Aviation Regulations, Part 77. Page 29 of 41 LESSEE agrees for itself, its successors, and assigns, to prevent any use of the Premises, which would interfere with or adversely affect the operation or maintenT)��Cf0 he Airport, or CERTIFICATION ON LAST PAG5 otherwise constitute an airport hazard. J.R. SMITH, CLERK Section 13.3. Non -exclusivity. Notwithstanding anything herein contained that may be, or appear to be, to the contrary, it is expressly understood and agreed that the rights granted under this LEASE are non-exclusive and LESSOR reserves the right to grant the same or similar privileges to another lessee or other lessees on other parts of the AIRPORT. ARTICLE 14 CONDEMNATION Section 14.1. Complete Taking. If the entire Premises are taken or condemned for any public or quasi -public use or purpose, by right of eminent domain, this LEASE will terminate on the date title to the Premises vests in the taking authority. Rent will be prorated to the date of termination. Section 14.2. LESSEE's Option to Terminate in the Event of Partial Taking. If a portion of the Premises (or all reasonable access to the adjacent roadways from the then - existing or comparable curb cut locations) shall be taken or condemned for any public or quasi -public use or purpose, by right of eminent domain, LESSEE shall have the option to terminate this LEASE by advance written notice to LESSOR, given at any time after the taking authority files its notice of taking, but no later than sixty (60) days after entry of the order of taking, specifying the date on which the LEASE will terminate, which date shall be the last day of any calendar month that falls within the period for giving LESSEE's notice of its election to terminate. Such condemnation does not include condemnation by the City. Rent will be prorated to the date of termination. Page 30 of 41 If LESSEE does not elect to exercise this option, then: (1) LESSEE will be entitled to A TRUE Copy participate in the award of the taking only to the extent an award is made fortWeoiolfr§ LESSEE shall promptly restore the remaining portions of the Premises to a condition comparable to the condition of the Premises at the time of such taking; and (3) this LEASE shall continue in full force and effect except that the rent payable hereunder shall be equitably adjusted to take into account the portion or portions of the Premises lost by the taking. Section 14.3. Award. If this LEASE is terminated by reason of a taking, any compensation awarded for such taking of the Premises will be equitably apportioned between the LESSOR and LESSEE to reflect the respective values of the encumbered fee and the leasehold interest. ARTICLE 15 CIVIL RIGHTS AND TITLE VI Section 15. 1. General Civil Rights Provisions. LESSEE agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. If LESSEE transfers any of its obligation to another, the transferee is obligated in the same manner as LESSEE. This provision obligates LESSEE for the period during which the property is owned, used or possessed by LESSEE and the Airport remains obligated to the FAA. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. Section 15.2. Nondiscrimination — Title Yl Assurances. Page 31 of 41 This LEASE is (or may be) subject to the requirements of the U.S. Department of A TRUE COPY Transportation's regulations, 49 CFR part 23. LESSEE, for itself, successoit, abvcgsjgmN 6WpWtPf J.R. SMITH, CLERK the consideration hereof, does hereby covenant and agree that, (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (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 participation in, denied the benefits of, or be otherwise subjected to discrimination, (3) that LESSEE 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 Transportation -Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, LESSOR shall have the right to terminate the LEASE and re-enter as if said LEASE had never been made or issued; but this provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. Section 15.3. Transfer of Real Property Acquired or Improved Under the AIRPORT Improvement Program. (a) LESSEE, for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant Page 32 of 41 running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the property described in this LEASE for a purpose for which a FAA activEfaciity, or program CERTIFICATION ON LAST PAGE is extended or for another purpose involving the provision of similar services oriTbt-neYi, LESSEE will maintain and operate such facilities and services in compliance with all requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. (b) In the event of breach of any of the above Nondiscrimination covenants, LESSOR will have the right to terminate the LEASE and to enter, re-enter, and repossess said lands and facilities thereon. Section 15.4. Construction/UselAccess to Real Property Acquired Under the Activity, Facility or Program. (a) LESSEE, for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that, (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishing of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that LESSEE will use the Premises in compliance with all other requirements imposed by or pursuant to the List of Discrimination Acts and Authorities. Page 33 of 41 (b) In the event of breach of any of the above nondiscrimination covenants, LESSOR will have the right to terminate the LEASE and to enter or re-enter and repossess said TR yt he facilities J.R. SMITH, ON ON LAST PAGi; thereon. Section l S.S. Title VI List of Pertinent Nondiscrimination Acts and Authorities. During the performance of this LEASE, LESSEE agrees to comply with the following non-discrimination statutes and authorities; including, but not limited to: 1. Title VI of the Civil Rights Act of 1964 (42 USC§ 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 2. 49 CFR part 21 (Non-discrimination in Federally- assisted programs of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964); 3. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); 4. Section 504 of the Rehabilitation Act of 1973 (29 USC§ 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; 5. The Age Discrimination Act of 1975, as amended (42 USC§ 6101 et seq.) (prohibits discrimination on the basis of age); 6. AIRPORT and Airway Improvement Act of 1982 (49 USC§ 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); 7. The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by Page 34 of 41 expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub-rec ON LAST5,tor GE J.R. SMITH, CLERK whether such programs or activities are Federally funded or not); 8. Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC§§ 12131 - 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; 9. The FAA's Nondiscrimination statute (49 USC§ 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); 10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 12. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et. seq.). Page 35 of 41 ARTICLE 16 DEFAULT; REMEDIES ATRUE COPY CERTIFICATION ON LAST PAGc Section 16.1. Defaults by LESSEE; Remedies. J.R. SMITH, CLERK (a) Default in payment of Rent. Should LESSEE fail to pay to LESSOR any installment of rent when due, LESSEE shall be deemed in default of the LEASE and LESSEE shall either cure such default or surrender possession of the Premises to LESSOR within seven (7) days, after written notice of the Default is served on LESSEE. (b) Defaults Other than Rent. Should LESSEE fail to perform or comply with any of its obligations, covenants, conditions, agreements, or assurances, other than payment of rent, LESSEE shall be deemed in default of the LEASE and LESSEE shall either cure such default or surrender possession of the Premises to LESSOR within thirty (30) days after written notice of the Default is served upon the LESSEE. (c) Abandonment. Should the LESSEE abandon the Premises, whether such abandonment is actually known to LESSOR or presumed, the Lessee shall be deemed in default of the LEASE. Absent actual knowledge by LESSOR of abandonment of the Premises, abandonment shall be presumed when: (1) LESSEE has been absent from the Premises for a Period of thirty (30) consecutive days; (2) LESSEE has not notified LESSOR in writing of the absence being intended; (3) the rent is not current; and (4) ninety (90) days have elapsed since service of a written notice on LESSEE of the default and LESSOR's intent to retake possession. (d) Riaht of Possession on Default. LESSOR may retake possession of the Premises without judicial action upon surrender or abandonment of the Premises by LESSEE. Should Lessee fail to cure a default under the LEASE, or in the alternative to surrender or abandon possession of the Premises within the time provided, LESSOR shall have the right to recover possession of the Premises Page 36 of 41 as provided by law in an action for possession. LESSOR's retaking of possession of the Premises, A TRUE COPY whether by LESSEE's surrender or abandonment of the Premises, or by judicic�J§ AIQMLAM WE ITH, deemed a waiver of any of LESSOR's other claims, rights or remedies and will not terminate the LEASE absent notice of termination by LESSOR. LESSOR may at anytime after retaking possession or reletting, terminate the LEASE for the default because of which LESSOR reentered. ARTICLE 17 HOLDOVER If LESSEE remains in possession of the Premises after the LEASE expires or terminates for any reason: (a) Lessee will be deemed to be occupying the Premises as a Lessee from month-to-month at the sufferance of LESSOR; and (b) Lessee shall reimburse LESSOR for any additional damages, which LESSOR suffers by reason of Lessee's continued occupancy. ARTICLE 18 TERMINATION Section 18.1. Breach. In the event of any breach or threatened breach by Lessee of any of the terms, provisions, agreements, or conditions in the LEASE, LESSOR shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as through termination, reentry, summary proceedings, and other remedies not provided for in the LEASE. Section 18.2. Surrender. Upon the Termination of the LEASE and/or Expiration of the Term, or upon the termination Page 37 of 41 of LESSEE's right of possession, whether by lapse of time or at the option of LESSOR, LESSEE will A TRUE COPY at once surrender possession of the Premises to LESSOR and shall have a reaspER a IFICAi � 4AV&O@E any personal property and equipment (non -fixtures) from Premises. If possession is not immediately surrendered, LESSOR may obtain possession of the Premises as provided by law (Section 83.05, Florida Statutes, or as that provision may be amended). ARTICLE 19 CONSTRUCTION OF LEASE Section 19.1. Merger. This LEASE and its attachments set out the entire agreement between the parties. There are no implied covenants or warranties except as expressly set forth herein. Section 19.2. Modification. No provisions of this LEASE and the Attachments hereto may be amended, extended, or modified except by written instrument executed by all parties to the LEASE. Section 19.3. Subordination. The LEASE shall be subordinate and subject to the provisions of any existing or future contract between LESSOR and the United States, relative to the development, operation, or maintenance of the AIRPORT, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development, operation, or maintenance of the Section 19.4. Severability. If any part of the LEASE is found invalid or unenforceable by any court or any branch of the federal government having jurisdiction over the operation of the AIRPORT, including, but not limited to, the FAA, such invalidity or unenforceability shall not affect the other provisions of the LEASE if Page 38 of 41 the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that end, the sep to provisions of the UE CERTIFICATION ON LAST PAGE LEASE are declared severable. J.R. SMITH, CLERK Section 19.5. Modifications by FAA. If any branch of the federal government having jurisdiction over the operation of the AIRPORT, including, but not limited to, the FAA, deems any provision to be in non-compliance, the parties agree to delete, insert, or modify to the extent necessary to bring such provision into compliance. Section 19.6. Review. The parties hereto acknowledge that they were given the opportunity to have their legal counsel review this LEASE and attachments, as well as the Attachments noted herein, and the terms and provisions shall be construed neither against, nor in favor of, any party hereto, but rather, in accordance with the fair and ordinary meaning thereof. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this LEASE on the date first written above. [SIGNATURE PAGES TO FOLLOW] Page 39 of 41 LESSEE — INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT (This section to be completed by LESSEE only) A TRUE COPY CERTIFICATION ON 1.'�•., J.R. SMITH, CLEA ATTEST: `• By: By: l.. �r Jeffrey R. Smith Peter D. O'Bryan :�o o��• Clerk of Courts and Comptroller Chairman '`9y9�• I` ' •o?;` '••LfR COUNT•.^•' Approved by BOCC: June 7, 2022 Approved as to form and legal sufficiency: Approved: By: By: Dylan Reingold Jason E. Bro County Attorney County kd#6istrator [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of El physical presence or ❑ online notarization this 13thday of June 2022, by PETER D. O'BRYAN, Chairman, of the Board of County Commissioners, on behalf of INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, a dependent special taxing district, who ® is personally known to me or ❑ has produced as identification. Sign: K*V-4 bew7 A. "011 - .-10 :""':q KIMBERLYKMOIRANO Notary Public, S of Florida at Large Sea]: _.; S Ir1Y COMMISSION # GG 321698 Print Name: EXPIRES: Apra 9, 2023 n„„rr,PW&� Notary Commission No. My Commission Expires: Page 40 of 41 LESSOR — CITY OF VERO BEACH (This section to be completed by LESSOR only) ATRUE COPY CERTIFICATION ON LAST PAGE LESSOR: CITY OF VLRdf, a Florida Municipal corporation ATTEST: 0 Tammy K. Bursick City Clerk [SEAL] STATE OF FLORIDA COUNTY OF INDIAN RIVER LIM Robert Brackett Mayor Date: The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 2022) by ROBERT BRACKETT, the Mayor, and TAMMY K. BURSICK, the City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. Seal: Sign: Notary Public, State of Florida at Large Print Name: Notary Commission No.: My Commission Expires: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency: Approved as conforming to municipal policy: John S. Turner City Attorney Approved as to financial requirements: Cynthia D. Lawson Finance Director Monte K. Falls, P.E. City Manager Approved as to technical requirements: J. Todd Scher Airport Director Page 41 of 41 Property Description Lease Description #2020-08 Airport Parcel -Fire Station #3 September 22, 2021 A TRUE COPY EXHIBIT "A" CERTIFICATION ON LAST PAGE PROPERTY DESCRIPTION J,R• SMITH, CLERK VERO BEACH AIRPORT -FIRE STATION #3 PARCEL PARCEL #32-39-26-00011-0480-00001.1 Situated in the State of Florida, County of Indian River, City of Vero Beach, being a portion of Section 34, Township 32 South, Range 39 East, and being more particularly bounded and described as follows: Commencing at the Southeast corner of said Section 34; Thence north along the West line of said Section 34 for a distance of 1,179.0 feet; Thence east of and perpendicular to said west line for a distance of 75.0 feet to a point on the east right of way line of 431d Avenue and Point of Beginning of said parcel; Thence from the Point of Beginning, continue east of and perpendicular to said west line for a distance of 474.0 feet; Thence north of and parallel with said west line for a distance of 250.0 feet; Thence west of and perpendicular to said west line for a distance of 474.0 feet to a point on the east right of way line of 431 Avenue; Thence south along said east right of way line and parallel with said west line for a distance of 250.0 feet to the Point of Beginning; Said parcel subject to a 15,000 square foot drainage right of way over the east 60.0 feet of the west 320.0 feet of said parcel, per 431d Avenue Right of Way Map recorded in Plat Book 7, page 85 of the Public Records of Indian River County, Florida; Said parcel contains 103,500 square feet, total, more or less. David Gay, PSM SAProperty Des criptions\2020\2020-08 Fire Station #3_Sep 22 2021.doc Sheet 1 of 2 zz d • J �� h Co FSG y V ,V �Preelp^�' '. t I SCALE 1"= 80' i 1 60' -- 60'AIRPORT WEST SUBDIVISION LOT 1 I I I 45'-- (,I--75' 260.0 474.0' M� —.J.. 260.0' % ` 175.0° f I 474.04 I i LOT 2 60.0' 1 154.0' -� I-- 60' DRAINAGE RIGHT OF WAY PLAT BOOK 7. PAGE 85 I I I I I WEST SECTION LINE 34-32-39 --tPOINT OF COMMENCEMENT SW CORNER SECTION 34-32-39 I I THIS SKETCH IS NOT A SURVEY CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY & ENGINEERING DIVISION I I 60' DRAINAGE RIGHT OF WAY PLAT BOOK 7. PAGE 65 NOTE: BUIL DIING AREA= 10,120 SQUARE FEET ± SKETCH OF LEGAL DESCRIPTION FIRE STATION #3 PARCEL VERO BEACH REGIONAL AIRPORT C4 ay O VACANT AIRPORT LAND J 46 P ? n^ ....... DAVID GAY, cm g !3 DA IE SHEET 2 OF 2 EXHIBIT "A" TY PROJECT NO, DR" 9Y 0�?E 2020-08 1TE 6RVM BY DESCRIPii(1.1 09/2021 EM •a c. c c7 D 5 m m = D n z!O m Oz �O �z D co D G'3 m FIRE STATION #3 I 0 2900 43RD AVENUE W �0 _ !V Wj PARCEL 32-39-26-00 011-0 480-00001.1 IQ� 0_ o POINT OF BEGINNING pI FIRE STATION 3 PARCEL M� —.J.. 260.0' % ` 175.0° f I 474.04 I i LOT 2 60.0' 1 154.0' -� I-- 60' DRAINAGE RIGHT OF WAY PLAT BOOK 7. PAGE 85 I I I I I WEST SECTION LINE 34-32-39 --tPOINT OF COMMENCEMENT SW CORNER SECTION 34-32-39 I I THIS SKETCH IS NOT A SURVEY CITY OF VERO BEACH DEPARTMENT OF PUBLIC WORKS SURVEY & ENGINEERING DIVISION I I 60' DRAINAGE RIGHT OF WAY PLAT BOOK 7. PAGE 65 NOTE: BUIL DIING AREA= 10,120 SQUARE FEET ± SKETCH OF LEGAL DESCRIPTION FIRE STATION #3 PARCEL VERO BEACH REGIONAL AIRPORT C4 ay O VACANT AIRPORT LAND J 46 P ? n^ ....... DAVID GAY, cm g !3 DA IE SHEET 2 OF 2 EXHIBIT "A" TY PROJECT NO, DR" 9Y 0�?E 2020-08 1TE 6RVM BY DESCRIPii(1.1 09/2021 EM •a c. c c7 D 5 m m = D n z!O m Oz �O �z D co D G'3 m A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK J.R. SMITH. CLERK RESOLUTION 2015- 30 A RESOLUTION OF THE CITY OF VERO BEACH, FLORIDA, PROVIDING FOR AN AIRPORT LEASING POLICY; REPEALING AND REPLACING RESOLUTION 2007- 18; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Vero Beach ("City") owns and operates the Vero Beach Regional Airport ("Airport"), and leases Airport property to various tenants; and, WHEREAS, federal law implemented by the Federal Aviation Administration ("FAA") through deed restrictions and grant assurances requires the City to operate the Airport as a public facility and to receive fair market value for the use of Airport property; and, WHEREAS, pursuant to these federal requirements, the City sets general leasing policy, including rental rates and concession fees for fixed base operators, other aviation -related uses, and non -aviation commercial uses at the Airport as established by resolution; and, WHEREAS, the Airport Leasing Policy ("Policy") established in this Resolution shall repeal and replace Rate Resolution 2007-18 and will ensure that the City continues to receive fair market value for leasehold interest in real property, as well as set concession fees for the privilege of doing business at the Airport; and, WHEREAS, the Policy will ensure that the Airport operates under good business practices by ensuring that each tenant receives fair and equitable treatment and continues to comply with federal law; and WHEREAS, the City Council of the City of Vero Beach ("City Council") finds that the adoption of the recommended Policy serves a municipal purpose and promotes the health, safety and welfare of the public and of the community. NOW, THEREFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, THAT: Page I of 11 NA\PROPERTY MG %2015 Updated Docs\2015 Updated Resolutions\150824 Airport Leasing Policy replacing Resolution 2007-18 EM.d0CX ATTACHMENT "A" Section 1. Adoption of "Whereas" Clauses A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PARc IFI+CATION ON LAST PAGE J.R. SMITH, CLERK 9-. ,t •ITH. CLERK The foregoing "WHEREAS" clauses are hereby adopted and incorporated herein as forming the legislative findings. purpose, and intent of this Resolution. Section 2. General Airport Leasing Policy. A. Lease Negotiations Lease negotiations by Airport staff shall consider the highest and best use of Airport property in accordance with FAA and Florida Department of Transportation ("FDOT") regulations, the Airport Master Plan, and direction by the City Manager. Lease ten -ns shall not deviate from those herein unless recommended by the Airport Director and approved by the City Manager. Long tern leases with an initial term of one (1) year or more shall be approved by the City Council; however, pursuant to the City Code, leases for a nonrenewable term of one (1) year or less may be executed on behalf of the City by the City Manager. All leases shall be approved by the City Attorney as to form and legal sufficiency. B. Competitive Proposals In situations where more than one (1) prospective tenant indicates an interest in leasing the same property within the same general period of time, and all application requirements have been satisfied, the Airport Director's office will evaluate and select the proposal which best represents the overall public interest. The parties will then be notified of the Airport staff's recommendation, and will have the Opportunity to support their individual proposals at a scheduled meeting before the Airport Commission and City Council. Final approval authority for the lease of airport real property rests with the City Council. C. Right of First Refusal Airport policy does not allow a prospective tenant to secure a "right of first refusal," nor will the Airport remove any property from the market for any period of time for the purpose of future lease negotiations. Impartial consideration will be given to all parties who express a current interest in leasing real property, and who satisfy the following requirements: Page 2ofII NAPROPERTY MGT2015 Updated Docs\2015 Updated Resolutions\ 150824 Airport Leasing Policy replacing Resolution 2007-18 EM.doex A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PA RTIFICATION ON LAST PAGE 1. Letter of Intent: J.R. SMITH, CLERK J.H. SMITH, CLERK Letter of intent must be provided by the prospective tenant to the Airport Director's office. The purpose of the letter is to confirm the desire of the prospective tenant to enter into a lease agreement with the City, and to provide all required information for preparation of the lease agreement by including all of the following: a. Identify property to be leased. b. Describe the tern of the lease, including any renewal options, along with the beginning and termination date. C. Names and addresses of authorized signatories. d. If a business is involved, provide business name as filed with the Division of Corporations, as well as, titles, names, and addresses of Officers, Directors, Managing Partners, and/or Authorized Person(s) who will be signing the lease. e. Detailed description of the intended use of the property, including any special conditions that apply. f. Fully completed application form. 2. Advance Rent: Payment shall be in the amount of one (l) months' advance rent. Advance rent is not a security deposit. If the prospective tenant enters into a lease agreement with the City, these funds shall be considered to be the rent payment for the first month of the new lease agreement. If the prospective tenant is subsequently unable to reach an agreement with airport staff, or if the City Council declines to approve the proposed lease agreement for any reason, the money will be returned to the prospective tenant in full. If however, the prospective tenant decides not to enter into a lease agreement after the City has incurred expenses for the survey work, appraisal, environmental assessment, legal fees, etc., the prospective tenant shall forfeit the money to the Page 3 of 11 N:\PROPERTY MGT\2015 Updated DOCS12015 Updated Resolutions\ 150824 Aiipon Leasing Policy replacing Resolution 2007-18 EM.docx A TRUE COPY A T UE COPY CERTIFICATION ON LAST PA _ IF;CA T ICN ON LAST PAGE City as liquidated damages. 1.R. SMITH, CLERK ,;_R. SItITH. CLERK 3. Rent Payment Protection (Security Dg2osit)• a. New commercial tenants shall be required to provide a security deposit. All tenants are required to provide a security deposit to the City in the amount of three (3) months' rent, as protection for the performance of the terms of the lease. This requirement applies to prospective new tenants, as well as existing airport tenants who enter into new lease agreements with the City. Arrangements to provide the security deposit must be completed by the prospective or existing tenant and approved by the Airport Director prior to the time the proposed lease agreement is submitted to the Airport Commission and City Council for consideration. Unless this requirement is waived under the conditions set forth in Section 2(C)3(b), the security deposit must remain in effect throughout the entire term of the lease agreement, including any option periods which are exercised by the tenant. The security deposit may be provided in any of the following forms: (1) Cash payment in the amount of three (3) months' rent. (2) An irrevocable Letter of Credit from a financial institution, in the form acceptable to the City, in the amount of three (3) months' rent. (3) A Certificate of Deposit from a financial institution, assigned to the City, in the amount of three (3) months' rent. b. For existing airport tenants only, the requirement for a security deposit may be waived (or a previously paid deposit may be refunded, if applicable) by the Airport Director. The security deposit shall be waived ONLY if the tenant has demonstrated an excellent rent payment history (no late payments) at the Vero Beach Regional Airport for a minimum of two (2) consecutive years, and either of the following Page 4of11 NA\PROPERTY MGT\2015 Updated Docs\2015 Updated Resoludons\150824 Airpon Leasing Policy replacing Resolution 2007-18 EM.docx A TRUE COPY CERTIFICATION ON LAST MkMJE COPY J.R. SMITH, CLERK CFR T IFICATION ON LAST PAGE conditions is met: J.R. SMITH, CLERK (1) Permanent improvements with an estimated value exceeding the amount of the normal security deposit (3 months' rent) have been constructed on the leased property; or (2) The tenant has signed a lease agreement in an individual capacity rather than as an officer of a corporation, thereby providing a personal guarantee for the performance of the terns and conditions of the lease agreement. c. The requirement for a security deposit relative to leasing scenarios other than those described herein shall be subject to review by City Management, Airport Commission, and City Council. Section 3. Rates and Fees A. Land Rent and Concession Fees for Fixed Base Operators (FBOs): Rental rates shall be determined as described in this Section for leasehold interest in real Airport property, subject to CPI adjustment as provided in Section 3(H) below. In addition, for the privilege of doing business at the Airport, concession fee(s) may be charged as described in this Section. I . Standard Land Rental Rate (Aviation Development Land) a. Land Rental Rate: Rates per square foot per year will be determined based upon current market values; plus, b. Easement and/or Restricted -Use Land Rental Rate: One-half (1/2) of land rent rate determined in Section 3(A)I(a) above. 2. Concession Fees: a. Concession Fee l (Gross Receipts): Fees will be determined based upon current market values or at minimum of two percent (2%) of gross receipts, excluding Page 5ofII N:\PROPERTY MGT12015 Updated Docs\2015 Updated Resolutions\150824 Airport Leasing Policy replacing Resolution 2007-18 EM.dOCx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE JR. SMITH, CLERK J.R. SMITH, CLERK aircraft sales, whichever is greater on a monthly basis. One quarter of one percent (0.25%) for aircraft sales. b. Concession Fee 2 (Fuel Flowage sales): Fees, if applicable, will be charged at a rate of $0.05 per gallon of fuel pumped, whether for sale or not, said rate to be adjusted periodically based on current market values, with the approval of the City Manager. B. Land Rent and Concession Fees for Specialized Aeronautical Service Operators SASOs : Rental rates for leasehold interest in real property (subject to adjustment as provided in Section 3(H)), and, if applicable, concession fee(s) for the privilege of doing business at the Airport, for aviation -related uses, which are not defined as "Fixed Base Operators" in the Airport's Minimum Standards shall be as follows: 1. Standard Land Rental Rate (Aviation Development Land): a. Land Rental Rate: Rates per square foot per year will be determined based upon current market values; plus, b. Easement and/or Restricted -Use Land Rental Rate: One-half (1/2) of land rental rate determined in Section 3(B)I(a) above. 2. Concession Fees: a. Concession Fee 1 (GrossReceipts)' Percentage fees (if applicable) will be determined based on current market values or at minimum of two percent (2%) of gross receipts, excluding aircraft sales, whichever is greater, on a monthly basis. One quarter of one percent (0.25%) for aircraft sales. b. Concession Fee 2 (Fuel Flown ,- usage): Fees (if applicable) will be charged at a rate of $0.05 per gallon of fuel pumped, whether for sale or not, said rate to be adjusted periodically based on current market values, with approval of the City Page 6ofII N:TROPERTY MG A2015 Updated Docsvois Updated Rew1ulionsU50824 Airport Leasing Policy replacing Resolution 2007-18 EM.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERTiRCATION ON LAST PAGE Manager. J.R. SMITH, CLERK J.R. SMITH, CLERK C. Land Rent and Concession Fees for Commercial Users (Aviation Use Only): Rental rates for leasehold interest in real property (subject to CPI adjustment as provided in Section 3(H)), and; if applicable, Concession Fee(s) for the privilege of doing business at the Airport, for aviation - related uses for conunercial aviation -use only shall be as follows: 1. Standard Land RentalRate• (Aviation -Use Development Land): a. Land Rental Rate: Rates per square foot per year will be determined based on current market values, plus, b. Easement and/or Restricted -Use Land Rental Rate: One-half (1 /2) of land rent rate determined in Section 3(C) I (a) above. 2. Concession Fee 2 (Fuel Flowage): Fees (if applicable) will be charged at a rate of $0.05 per gallon of fuel pumped, whether for sale or not, said rate to be adjusted periodically based on current market values, with the approval of the City Manager. D. Land Rent and Concession Fees for Commercial Users (Non Aviation UseZ Rental rates for leasehold interest in real property (subject to adjustment as provided in Section 3(H)), and if applicable, Concession Fee(s) for the privilege of doing business at the Airport, for non -aviation commercial uses shall be as follows: I . Standard Land Rental Rate: (Non -Aviation Development Land): a. Land Rental Rate: Rates per square foot per year will be determined based on current market values, plus, b. Easement and/or Restricted -Use Land Rental Rate: One-half (1/2) of land rent rate determined in Section 3(D)I(a) above. Page 7 of I 1 N:\PROPERTY MGi12015 Updated Does\2015 Updated Resolutions\150824 Airport Leasing Policy replacing Resolution 2007-18 EM.doex A TRUE COPY A. TRUE COPY CERTIFICATION ON LAST PAGE CFRTIF1CAT ION ON LAST PAGE J.R. SMITH, CLERK .1.R. SMITH, CLERK 2. Concession Fee I (Gross Receipts): Percentage fees (if applicable) will be determined based on current market values or at minimum of two percent (2%) of gross receipts, excluding aircraft sales, whichever is greater, on a monthly basis. One quarter of one percent (0.25%) for aircraft sales. E. Building Rent and Concession Fee for Aviation and Non Aviation Users (Multiple Tenants) Rental rates for buildings with multiple tenants, where ownership is held by the City, and if applicable, Concession Fee(s) for the privilege of doing business at the Airport, shall be as follows: 1. Standard Building Rental Rate (Multiple Tenants) Rental rates for buildings and Improvements, where ownership is held by the City, occupied by multiple tenants, shall be established by the City Manager in the manner set forth in Section 3(G) and shall include a proportionate charge for Common Area Maintenance (CAM). 2. Concession Fee 1 (Gross Receipts) Percentage fees (if applicable) will be determined based on current market values or at minimum of two percent (2%) of gross receipts, excluding aircraft sales, whichever is greater, on a monthly basis. One quarter of one percent (0.25%) for aircraft sales. F. Building Rent and Concession Fee for Aviation and Non -Aviation Users One 1 Tenant): Rental rates for buildings, where the ownership is held by the City, shall be as follows: 1. Standard Building Rental Rate (One (I)Tenant)Rental rates for buildings and improvements, where ownership is held by Landlord, occupied by one (1) tenant who enjoys sole use of the ]eased premises shall be established by the City Manager in the manner set forth in Section 3(G). In addition to the rental charge for the buildings and improvements, the land included in the leased premises shall carry a rental rate as established in Sections 3(A), 3(B), 3(C), and/or 3(D). Page8of]] NAPROPERTY MGT\2015 Updated DocsVoIS Updated Resolutions\ 150824 Airpotl Leasing Policy replacing Resolution 2007-18 EM.doex A TRUE COPY A TRUE COPY R IFICATION ON LAST PAGDERTIFICATION ON LAST PAGE 1.N. SMITH, CLERK J. R. SMITH, CLERK 2. Concession Fee I (Gross Receipts) Percentage fees (if applicable) will be detennined based on current market values or at minimum of two percent (2%) of gross receipts, excluding aircraft sales, whichever is greater, on a monthly basis. One quarter of one percent (0.25%) for aircraft sales. G. Capitalization Rate: Rental rates on leases for buildings and improvements, where ownership is held by the City, shall be initiated at a maximum of ten percent (10%) per year of the appraised value of such buildings and improvements, as determined by a state -certified appraiser. The rent charged for such buildings and improvements during the initial tenn of the lease agreement shall be subject to the annual CPI adjustments described in Section 3(H), and further adjusted prior to the beginning of any extension or renegotiation of the initial term of the lease, as described in Section 3(I). H. Annual Consumer Price Index (CPI) Adiustment• Beginning on October Ist of the year following the year in which the lease agreement is executed, and annually on each October 1st thereafter, including the renewal teen pursuant to an option exercised under the lease agreement, if any, the rent shall be adjusted in accordance with the percentage change in the index known at the time the lease agreement is executed as the "United States Bureau of Labor Statistics Consumer Price Index (CPI) for All Urban Consumers," using the July to July report. This adjustment shall be referred to as "the CPI adjustment." If the CPI ceases to be published, the successor index shall be used. In no event shall the rental rate be less than the rental rate set for the previous year of the lease agreement. 1• Market Value Rent Adiustment• In addition to the CPI Adjustment set out above, there shall be a review of building and Page 9ofII NAPROPERTY MGh2015 Updated Docs\2015 Updated Resolutions\150824 Airport Leasing Policy replacing Resolution 2007-18 EM.docx j r i' . RUE COPY A TRUE COPY `.RTI KATION ON LAST PAG:; -R T IFIC,JIM ON LAST PAGE R. SMITH, CLERK I R. M,I T H, CLERK improvement market values prior to any lease extension or renegotiation to bring rental rates computed upon market values up to current market levels when applying the Capitalization Rate method above. A market value appraisal shall be completed upon ]eased buildings and improvements where ownership is held by the Airport prior to confirmation of a tenant's notice of intent to extend the lease of such buildings and/or improvements, to adjust the then current rental amount being charged on the lease to an amount equivalent to the capitalization rate applied to the updated market value. It is the intent of this provision to update rental amounts on buildings and improvements where ownership is held by the City prior to lease extensions or renegotiations in the same manner rental amounts are set upon buildings and improvements in Section 3(G) above. This provision shall apply to new leases entered into by the City after the adoption of this resolution, and to any extension or renegotiation of an existing lease initiated by the tenant. Section 4. Repeal and replacement Resolution 2007-18 is hereby repealed and replaced by this Resolution No. 2015- 30 Section 5. Conflict and severability. The provisions of this Resolution shall control over those provisions of previously adopted resolutions in conflict herewith. If any provision of this Resolution is held to be invalid, unconstitutional, or unenforceable for any reason by a court of competent jurisdictions, such invalidity shall not affect the validity of the remaining portions. Section 6. Effective date This Resolution shall become effective upon adoption. ***************************** [Signature Pages Follow) Page 10 of i 1 N:TROPERTY MGTW15 Updated DocsV015 Updated Resolutions\] 50824 Airpoit Leasing Policy replacing Resolution 2007-18 EM.docx A TRUE COPY CERTIFICATION ON LAST PAGE q TRUE COPY J.R. SMITH, CLERK FRTTICATION ON LAST PAGE J.F. SMITH, CLERK City of Vero Beach This Resolution was moved for adoption by Councilmember ( YL(VI seconded l :T and adopted on the the following vote: Mayor Richard G. Winger Vice Mayor Jay Kramer Councilmember Amelia Graves Councilmember Pilar E. Turner Councilmember Randolph B. Old ATTEST: Tammy K. VocX City Clerk Approved as to form and legal sufficiency: Way�e�R. Coment City(, t mey Approved as to technical requirements: a4ll�t- Cl - Ericson W. Menger Airport Director by Councilmember day of .f;r�i�i� ('i{='2015, by L4' Y,&ElNo CITY OF 1!EkO BE H, FLORIDA Richbard G. Mayor Approved as conforming to municipal poli !.,vdes R. O'Connor :7ity Manager Approved as conforming to financial: policy: Cyn Lawson Finance Director Page 11 of I 1 M)PROPERTY MGT2015 Updated Docs12015 Updated Resolutions\ 150824 Airport Leasing Policy replacing Resolution 2007-18 E M.docx Yes ❑ No Yes ❑ No Yes ❑ No 4 Yes ❑ No L4' Y,&ElNo CITY OF 1!EkO BE H, FLORIDA Richbard G. Mayor Approved as conforming to municipal poli !.,vdes R. O'Connor :7ity Manager Approved as conforming to financial: policy: Cyn Lawson Finance Director Page 11 of I 1 M)PROPERTY MGT2015 Updated Docs12015 Updated Resolutions\ 150824 Airport Leasing Policy replacing Resolution 2007-18 E M.docx A TRUE COPY A TRUE COPY �'FRTIFICATION ON LAST PAGE RTI FI CATION ON LAST PAGE R. SMITH, CLERK I R, StAITH, CLERK ATTACHMENT "B" CITY OF VERO BEACH VERO BEACH REGIONAL AIRPORT STANDARD LEASE PROVISIONS FOR AIRPORT TENANTS EFFECTIVE FEBRUARY 16, 2016 N:\Client Docs\Airport\Attachment B\2016.Eebruary.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE "''`UC COPY J.R. SMITH, CLERK CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ATTACHMENT B STANDARD LEASE PROVISIONS FOR AIRPORT TENANTS Table of Contents Page 1. Ownership Held by Landlord ........................ 2. Rental Adjustment .................................. 4 3. Assignment ........................................... .......... 5 4. Alterations ........................................... 6 5. Assignment of Rents.................................................................. 7 6. No Abatement of Rents ................................................... 7 7. Limitation on Landlord's Liability .................... 7 ........................... .... 8. Sales Tax on Rental Payments ................ ........ .... ... ..................... 8 9. Indemnification ............................... .......... ................................ 10 10. Insurance .................................... ............... 10 ............... ..... ......... 11. Use of Leased Premises; Restrictions on Use ................................. 13 12. Construction of Improvements ...................................................... 15 13. Responsibility for and maintenance of Leased Premises ................... 17 14. Default ..................................................... 18 ...................... 15. Surrender at End of Term........................................................... 24 ..................... 16. Holdover Tenancy..................................................................... 24 17. Accord and Satisfaction/Waiver ................................................... 25 ................. 18- Mortgaging the Leasehold.......................................................... 25 19. Environmental Provisions ............. ........... .... .. ...................... 27 ....... 20. Payment and Performance Bonds ................... .......... ......... 30 Page 2 of 38 N:\Client Docs\Airport\Attachment 8\2016. February. 16. ATTACHMENT S.docx A TRUE COPY CERTIFICATION ON LAST PAGE ;.R. SN11TH, CLERK ATTAC HMENT B "RUE COPY T'FiCATION ON LAST PAGE -!!'H. CLERK STANDARD LEASE PROVISIONS FOR AIRPORT TENANTS (Effective Date - February 19 2016) 1. OWNERSHIP HELD BY LANDLORD: The TENANT is granted a leasehold in government property at the Vero Beach Regional Airport ("Airport") under this Lease Agreement with the land, buildings, and other improvements being retained by LANDLORD as a leased fee. All building and other improvements to real property (including those built or otherwise added by TENANT) shall be owned by LANDLORD from the outset and remain government property throughout the term of this Lease Agreement. LANDLORD'S retained interest does not diminish or abridge any leasehold interest conveyed to TENANT hereunder. 2. RENTAL ADJUSTMENT: (a) Annual Rental Adjustment: Beginning on October 1 st of the year following the year in which the Lease Agreement is executed, and annually on each October 1st thereafter, including the renewal term pursuant to an option exercised under the Lease Agreement, if any, the rent shall be adjusted in accordance with the percentage change in the index known at the time the Lease Agreement is executed as the "United States Bureau of Labor Statistics Consumer Price Index (CPI) for All Urban Consumers," using the July to July report. This adjustment shall be referred to as "the CPI adjustment." If the CPI ceases to be published, the successor index shall be used. In no event shall the rental rate be less than the rental rate set for the previous year of the Lease Agreement. (b) Option to Renew Rental Adjustment: If TENANT exercises an option to renew, if applicable, in addition to Paragraph (a) above, the portion of TENANT'S rent Page 4 of 38 N:\Client Docs\Airport\Attachment B Q016.Pebruazy_16.ATTACHNENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE TRUE COPY J.R. SMITH, CLERK CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK 21. Notices................................................................................... 31 22. Real Estate Commission............................................................ 32 23. Entry of Landlord...................................................................... 32 24. Construction............................................................................ 32 25. Litigation................................................................................. 33 26. Miscellaneous Provisions............................................................ 35 Page 3 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACNNENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ,'RUE COPY "ERTIFICATION ON LAST PAGE J.R. SMITH, CLERK per year allocated to structures and improvements shall be adjusted to an amount equal to ten percent (10%) of the appraised value of all structures and improvements existing on the Leased Premises at the commencement of the renewal term. In no event shall the rental rate be less than the rental rate set for the previous year of the Lease Agreement. This rental adjustment shall continue in force for the duration of the renewal term. The appraisal shall be performed by a state certified general real estate appraiser agreed to by LANDLORD and TENANT. 3. ASSIGNMENT: TENANT shall not, either directly or indirectly by any means, assign, sublease, hypothecate or transfer the Lease Agreement or any interest therein, or any portion of the Leased Premises, including any improvements thereon, without the express written consent of the LANDLORD. LANDLORD shall not unreasonably withhold consent. However, any proposed assignee, sublessee, or transferee shall meet all lease requirements for such assignment, subleases, or transfer. In no event shall LANDLORD'S granting of consent to one or more assignments, subleases, hypothecations, or transfers constitute a waiver of LANDLORD'S right to refuse consent as to subsequent assignments, subleases, hypothecations, or transfers. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law, without the express written consent of the LANDLORD. TENANT agrees that use of the Leased Premises or any portion thereof by any subtenants, suboperators, or submanagement shall not diminish in any way rents due LANDLORD from TENANT. If this Lease Agreement is assigned, or if the Leased Premises or any part thereof is sublet or occupied by anybody other than TENANT, with or without LANDLORD'S consent, LANDLORD may collect rent directly from such assignee, sub -lessee or occupant, and apply the net amount collected to the Page 5 of 38 N:\Client Docs\Airport\Attachment H\2016.Pebruary.16.ATTACHHENT B.docx A TRUE COPY : A TRUE COPY CERTIFICATION ON LAST PAGE 1 RI -111 :;OPY 1.R. WITH, CLERK '_' 0FICATION ON LAST PAGE 4 Sh9Il H, CLERK indemnify and hold harmless the LANDLORD from and against any and all costs, expenses, claims, losses or damages, including reasonable attorney's fees, through trial and appeal, resulting therefrom or by reason thereof. 5. ASSIGNMENT OF RENTS: As additional security under the Lease Agreement, TENANT assigns, transfers, and sets over unto LANDLORD all of the rents for the Leased Premises accruing to TENANT pursuant to any assignment or sublease whether approved by LANDLORD or not; this assignment shall become operative upon any default by TENANT under the terms of the Lease Agreement and shall remain in full force and effect so long as any default continues to exist in the making of any of the payments or performance of any of the covenants of the Lease Agreement, and LANDLORD shall have the right to collect same directly from the person(s) or entity in possession. 6. NO ABATEMENT OF RENTS: No diminution or abatement of rent or offset shall be claimed or allowed for any reason whatsoever. If TENANT has a disagreement or claim arising from the Lease Agreement or the Leased Premises, TENANT shall make such disagreement or claim known to LANDLORD in writing, but TENANT shall continue to pay all rents, fees and applicable federal, state, and local taxes, fees, and assessments as they become due. Failure by TENANT to pay all monies as they become due may be deemed a default under the terms of the Lease Agreement at LANDLORD'S sole option. 7. LIMITATION ON LANDLORD'S LIABILITY: (a) TENANT accepts the condition of the Leased Premises as is and recognizes and agrees to fully assume all risks, known and unknown, that arise or might arise incidental to, arising out of, or in any way connected with use of the Leased Premises, the Airport, Page 7 of 38 tt:\Client Docs \Airport\Attachment B\2016. February. 16 -ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE J.R. SPM T H, CLEr K J R. SMITH, CLERK and the roadways and other means of ingress and egress, and on behalf of itself, its successors, assigns, administrators, receivers, and trustees, release and forever discharge the LANDLORD, its elected officials, officers, employees, agents, their successors, and assigns, of and from any and all liabilities, claims, demands, damages, actions, costs, or expenses of any nature, known or unknown, arising out of or in any way connected with such uses by TENANT. TENANT understands and agrees that this release includes claims based on the negligence, actions, or inaction of the LANDLORD and the other above released individuals and entities and covers any cause or condition whatsoever, including, but not limited to, bodily injury, death, and property damage or loss. LANDLORD makes no warranty of the suitability of the Leased Premises for any particular use contemplated by TENANT. (b) LANDLORD shall not be liable to TENANT for any claim for compensation or any losses, damages or injuries sustained by TENANT resulting from failure of any water supply or sewer service, heat or electrical current, whether on the surface or underground, including, but not limited to, stability, moving, shifting, settlement, or displacement of materials by fire, water, windstorm, tornado, act or state of war, civilian commotion or riot, or any other cause beyond the control of LANDLORD. 8. SALES TAX ON RENTAL PAYMENTS: (a) LANDLORD and TENANT acknowledge that the rental payments established in the Lease Agreement are rental payments for the right to occupy the real property and are subject to the commercial rental tax imposed under section 212.031, Florida Statutes. Such tax payment, together with any locally imposed commercial rental surtax, shall be paid by the Airport Tenant, with each payment of rent. Any payments by TENANT to LANDLORD, over and above the rental payments, which are Page 8 of 38 N:\Client Docs\Airport\Attachment B\2016. February.l6.ATTACHMENT B.docx A 4UE GOPY =E � f) ICATION ON LAST PAGE A TRUE COPY J.R. ?fRiTH, CLERK CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK in the nature of a concession or franchise payment for the privilege of doing business on airport property and not for the right to occupy and possess the real estate, when paid to LANDLORD for such privilege, shall be deemed payments as defined in section 212.02(10)(j), Florida Statutes. (b) Local Ad Valorem Taxes: Section 196.199(2)(b), Florida Statutes, imposes regular local property taxes on government leaseholds not performing governmental, municipal, or public purposes or activities. These taxes are imposed on TENANT'S leasehold interest. LANDLORD'S leased fee remains exempt, including all buildings and other leasehold improvements, unless owned by TENANT. If the leasehold, through the use of the TENANT, is serving a govemmental, municipal, or public purpose, as defined in section 196.012(6), Florida Statutes, the leasehold is not subject to tax. (§196.199(2)(a), Fla. Stats.) Regardless, non -ad valorem fees may be imposed by local govemmental units which are levied against and payable by TENANT whether TENANT is subject to regular ad valorem taxes, or not. LANDLORD is not subject to such non -ad valorem fees, under this leasehold, and such fees must be paid by TENANT. LANDLORD cannot and does not become liable for either regular ad valorem taxes or non -ad valorem fees imposed on the TENANT. Nonpayment will result in the TENANT being subject to direct action under section 197.432(10), Florida Statutes. (c) Other Taxes: TENANT shall be liable for, and shall pay, any other taxes legally imposed on it by any govemmental unit. TENANT recognizes that nonpayment of any such tax cannot and does not constitute a lien against LANDLORD'S interest in the leased premises and will constitute a personal obligation of TENANT to the govemmental unit imposing such tax. Page 9 of 38 N:\Client Docs\Airport\Attachment B\2016. February,16.ATTACHMEHT B.docx TRUE COPY A TRUE COPY ,ERTIEICATION ON LAST PAGE CFRTIFICAT ION ON LAST PAGE R. SMITH, CLERK J R. SMITH, CLERK 9. INDEMNIFICATION: TENANT agrees to indemnify and hold harmless LANDLORD for any and all actions, claims, losses, and litigation including all costs and attorney's fees, through trial and appeal, arising out of or connected in any way with TENANT'S occupancy or use of the Leased Premises, except with respect to any condition existing on the Leased Premises that is in LANDLORD'S sole control or arising from LANDLORD'S willful misconduct or gross negligence. TENANT further agrees to hold LANDLORD harmless for any loss, damage or destruction of any personal property, fixtures or improvements within or on the Leased Premises. 10. INSURANCE: (a) Commercial General Liability Insurance TENANT shall procure, maintain and pay for commercial general liability insurance providing all risks coverage which protects the LANDLORD, the LANDLORD'S elected officials, employees, officers, and agents, and TENANT, from claims arising from bodily injury, property damage, operations, premises and fire legal liability. Such insurance coverage shall have a combined single limit of not less than $1,000,000.00 per occurrence/$2,000,000.00 aggregate. Coverage shall be provided in a form no more restrictive than the latest edition of the commercial general liability policy filed by the Insurance Services Office. TENANT's insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with TENANT'S insurance. (b) Property insurance. During the full term of the Lease Agreement, at TENANT'S sole cost and expense, TENANT shall provide, maintain, and pay for a property insurance policy providing coverage of not less than 100% of the insurable replacement value, without deduction for depreciation, for the demised premises of which any buildings are a part, including any improvements and betterments which may Page 10 of 38 N:\Client Docs \Airport\Attachment B\2016.February.16.ATTACH14ENT B.docx -RUE: COPY ATRUE COPY RTiFIC.:.;;ON ON LAST PAGE CERTIFICATION ON LAST PAGE J R. SMI; H. CLERK J.R. SMITH, CLERK be insurable as part of the realty. Said property insurance shall cover the improvements and betterments from loss due to fire, windstorm, flood and any other peril included in the broadest available standard form of extended coverage. Coverage shall be in an amount sufficient to meet the co-insurance requirements of the policies, but not less than the full insurable value thereof. Deductibles for all perils, except windstorm, shall not be greater than two (2%) percent of the full insurable replacement value, without deduction for depreciation, for the demised premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. Deductibles for windstorm damages shall not exceed five (5%) percent of the full insurable replacement value, without deduction for depreciation, for the demised premises of which any buildings are a part, including any improvements and betterments which may be insurable as part of the realty. The policy shall be endorsed to make any loss payments payable jointly to the LANDLORD and TENANT for losses covered under such policies. In the event of damage and/or destruction to the buildings, improvements, betterments and equipment, all proceeds from such policy shall be utilized by TENANT to repair and/or replace the damaged or destroyed buildings, improvements, betterments and equipment. TENANT may request consent from LANDLORD not to repair and/or replace the damaged or destroyed buildings, improvements, and equipment. LANDLORD, in its sole discretion, may either accept or reject TENANT'S request not to repair and/or replace. If the LANDLORD rejects TENANT'S request not to repair and/or replace, then TENANT must utilize all insurance proceeds to repair and/or rebuild pursuant to this paragraph. If LANDLORD consents to TENANTS request not to repair and/or replace, then the insurance proceeds shall be prorated Page 11 of 38 N:\Client Docs\Airport\Attachment B\2016. February. 16.ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK J.R. Stv11TH, CLERK between the LANDLORD and the TENANT based upon the time period left in the Lease Agreement before the reversion of all structures and improvements (fixtures) to the LANDLORD (example: if LANDLORD consents to TENANT'S request not to repair and/or replace and the lease is in the 28'h year of a 30 year lease, the insurance proceeds would be dispersed 28/301" to the LANDLORD and 2/30`h to the TENANT). As soon as is reasonably possible after damage and/or destruction to the buildings, improvements, betterments and equipment, but no later than 18 months after said damage and/or destruction, TENANT shall, at the TENANT'S sole expense (using insurance proceeds available for that purpose, along with TENANT'S own funds), commence to either repair or restore the buildings, improvements, betterments and equipment as completely as possible to their condition immediately prior to the damage, or, in the alternative, replace the structures, improvements, betterments and equipment with structures approved in advance, in writing, by LANDLORD. In the event any insurance proceeds of such policy shall remain unused after the completion of restoration or rebuilding to the LANDLORD'S satisfaction, evidenced in writing, and if the TENANT shall not be in default under the Lease Agreement, then the remaining funds shall be paid to LANDLORD for any unpaid rent and other sums due, with any remaining sum paid to the TENANT. (c) All insurance required by this Section shall be with a company licensed to do business in the state of Florida, and be otherwise satisfactory to the LANDLORD. (d) Recognizing the extended term of the Lease Agreement, TENANT agrees that the LANDLORD shall have the right to periodically review the adequacy of the required insurance and amend the insurance requirements of this section. Factors which may be considered include, but are not limited to, changes in generally accepted Page 12 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE C RTIr�ICA T ION ON LAST PAGE J.R. SMITH, CLERK J R. SAgI?H,L C ERK insurance industry standards and practices, changes in TENANT'S use of the premises, measurable changes in local and national economic indicators and changes in City policies and procedures. (e) The insurance policies shall name the LANDLORD as an additional insured for liability insurance and as loss payee for property insurance and shall include provision for at least thirty (30) days advance notice to LANDLORD by the insurer prior to any policy change, amendment, termination or expiration of coverage. TENANT shall cause the insurer to provide proof of the required insurance to the LANDLORD before TENANT takes possession of the Leased Premises and shall cause the insurer to continue to supply such proof to the LANDLORD for each term of coverage. TENANT'S insurance shall be primary and any other insurance maintained by the City shall be in excess of and shall not contribute with TENANT'S insurance. (f) In the event that Tenant should fail for any reason to procure or maintain insurance coverage at the minimum amounts required herein, or at the written request of Tenant, Landlord, at Landlord's sole discretion, may secure insurance coverage at Tenant's expense, or may declare Tenant in default. Tenant shall reimburse Landlord for the cost of such insurance coverage secured by Landlord within thirty (30) days of Tenant's receipt of an invoice from Landlord for such insurance coverage. Tenant shall be responsible for the payment of any applicable deductibles set out in the insurance policy secured by Landlord. 11. USE OF LEASED PREMISES; RESTRICTIONS ON USE: (a) TENANT agrees to observe and obey all laws, ordinances, rules and regulations promulgated and enforced by LANDLORD and by any other proper authority having jurisdiction over the conduct of operations at the Airport, and all further revisions Page 13 of 38 N:\Client Docs\Airport\Attachment B\2016.FeCruary.16.ATTACXHENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE A TRUE COPY J.R. SMITH, CLERK RT!FICATION ON LAST PAGE R. StAITH, CLERK or amendments thereto. Further, TENANT agrees that TENANT shall not occupy or use or permit or suffer the Leased Premises or any part thereof, to be occupied or used for any unlawful or illegal business or purpose, nor in such manner as to constitute a nuisance of any kind, nor for any purpose or in any way in violation of any present or future laws, rules, requirements, orders, ordinances, regulations of the United States of America, or of the State, County, or City government, or their administrative boards or agencies. (b) TENANT expressly agrees for TENANT and TENANT'S successors and assigns, to prevent any use of the herein described Leased Premises which would interfere with or adversely affect the operations or maintenance of the Airport, or otherwise constitute an Airport hazard. (c) TENANT shall have the right to use the Leased Premises for any use permitted in the zoning district in which the property is located, and in conformance with an approved site plan or minor change of use application, as may be appropriate, subject to applicable laws and ordinances. (d) LANDLORD reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of or flight in the said airspace, and for the use of said airspace for landing on, taking off from, or operating on the Airport. (e) TENANT expressly agrees for TENANT and TENANT'S successors and assigns, that temporary structures shall not be allowed on the Leased Premises without the written permission of the Airport Director and the proper permitting by the City of Page 14 of 38 N:\Client Docs\Airport\Attachment 8\2016.February.16.ATTACHMENT B.docx A TRUE COPY A TRUE COPY '.CERTIFICATION ON LAST PAGE CFRT FICATION ON LAST PAGE R. St,41TH, CLERK ; R. SMITH, CLERK Vero Beach Planning Department. Any structure that is not permanently attached to a properly engineered poured concrete foundation shall be considered a temporary structure. (f) TENANT expressly agrees for TENANT and TENANT'S successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the herein -described real property to such a height so as to comply with Federal Aviation Regulations, Part 77, as amended. 12. CONSTRUCTION OF IMPROVEMENTS: (a) Where the Special Provisions section of the Lease Agreement requires site plan application, TENANT shall submit a complete site plan application to the City of Vero Beach Planning Department within one hundred fifty (150) days of the approval of the Lease by the City of Vero Beach City Council, and shall diligently pursue site plan approval. Upon the receipt of acceptable justification from TENANT, said time limit for submission of a complete site plan to the City of Vero Beach Planning Department may be extended by LANDLORD. (1) If the Planning and Zoning Board rejects the site plan, TENANT shall either appeal the Board's rejection to the City Council or submit an amended site plan application within thirty (30) days of notice of such rejection. (2) if the Planning and Zoning Board approves the site plan, TENANT shall complete construction within twenty-four (24) months thereafter. (b) Notwithstanding subsection (a) above, if TENANT fails to receive site plan approval within eighteen (18) months after the effective date of the Lease Agreement, LANDLORD may elect to terminate the Lease Agreement. If LANDLORD elects to terminate the Lease Agreement due to TENANT'S failure to obtain site plan approval: Page ` of N:\Client Docs\Airport\Attachment 8\2016.February. 166.A38 CHNENT 8.docx A TRUE COPY A ,"RUE COPY CFRTIFICATION ON LAST PAGE Cc J.R. SMITH, CLERK RTFiCATION ON LAST PAGE J.R. SMITH, CLERK (1) LANDLORD shall have the right to immediately reenter and take possession of the Leased Premises; and (2) All title to and interest in any structures built and improvements made by TENANT upon the Leased Premises shall vest in LANDLORD. (c) If the project intended for construction on the Leased Premises is a phased project, all construction and phasing shall be in accordance with the applicable laws and ordinances relating to such construction. (d) In advance of any and all construction projects by TENANT on the Leased Premises, TENANT, at Tenant's expense, shall procure and provide LANDLORD with a copy of a Part 77 Airspace Study approved by the Federal Aviation Administration. (e) In advance of any and all construction activity by TENANT on the Leased Premises, TENANT shall provide LANDLORD with copies of each and every permit required and granted for such development, together with a complete set of site plans and construction plans approved by the appropriate governing authority. (f) LANDLORD and TENANT have agreed to the construction of these improvements as a means to facilitate these improvements to Leased Premises leased to TENANT, which improvements are paid for by TENANT'S operation and management. Both parties recognize that these are capital improvements made to enhance airport operations and efficiency, and for the benefit of general aviation and the general public. The costs of such improvements are not rent, they are not payments in lieu of rent, and they are not made for the right to occupy the premises. Rent payment subject to the tax imposed in section 212.031, Florida Statutes, are provided for exclusively in Lease Agreement. Page 16 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.A7TACHHENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERT !FICA T ION ON LAST PAGE J.R. SMITH, CLERK J R. SMITH, CLERK 13. RESPONSIBILITY FOR AND MAINTENANCE OF LEASED PREMISES: (a) TENANT agrees that LANDLORD shall have no responsibility for the maintenance of the Leased Premises, including any improvements thereon, and that TENANT shall, at TENANT'S own expense, keep in good order and repair, inside and out: (1) any building on the real property herein described, and all structural attributes, including roofs, of such buildings; and (2) all equipment located within any buildings, including, but not limited to, the air conditioning, machinery, plumbing, wiring, pipes, gas, steam, and electrical fittings, and all other equipment. TENANT further agrees, from time to time, to make renewals and replacements of such equipment so that, at all times, any building and its equipment will be in good operating condition, order, and repair. The replacements and renewals made by TENANT shall be constructed to current building codes, modern in character and efficiency, and of a quality at least equal to the original structures, improvements, betterments, and equipment and sufficient for the same service. (b) TENANT shall keep the Leased Premises clean, shall dispose of all debris and other waste matter which may accumulate, and shall provide metal containers with proper covers for waste within the buildings or properly placed and secured exterior dumpsters on said premises in compliance with all applicable laws and regulations. (c) TENANT shall dispose of all debris and other waste matter which may accumulate, and shall provide metal containers with proper covers for waste within the buildings or properly placed and secured exterior dumpsters on said premises in compliance with all applicable laws and regulations. Page 17 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.A7TACHMENT B_docx A TRUE COPY ,� I +' 1. )r COPY ^FRTIFICATION ON LAST PAGE '- ;TIFICATION ON LAST PAGE lR. SMITH, CLERK ,..MITH. CLERK (d) TENANT shall maintain the grounds, landscaping and parking areas in keeping with the same standards under which the City of Vero Beach maintains the Airport grounds, landscaping, and parking areas. 14. DEFAULT: (a) Default in Payment of Renl. Should the TENANT fail to pay to the LANDLORD any installment of rent when due, the TENANT shall be deemed in default of the Lease Agreement and the TENANT shall either cure such default or surrender possession of the Leased Premises to the LANDLORD within three (3) days after written notice of the default is served on the TENANT. (b) Defaults Other than Rent. Should the TENANT fail to perform or comply with any of its obligations, covenants, conditions, agreements, or assurances, other than payment of rent, the TENANT shall be deemed in default of the Lease Agreement and the TENANT shall either cure such default or surrender possession of the Leased Premises to the LANDLORD within fifteen (15) days after written notice of the default is served on the TENANT. (c) Abandonment. Should the TENANT abandon the Leased Premises, whether such abandonment is actually known to the LANDLORD or presumed, the TENANT shall be deemed in default of the Lease Agreement. Absent actual knowledge by the LANDLORD of abandonment of the Leased Premises by the TENANT, abandonment shall be presumed when: (a) the TENANT has been absent from the Leased Premises for a period of thirty (30) consecutive days; and (b) the TENANT has not notified the LANDLORD in writing of the absence being intended; and (c) the rent is not current; and (d) ten (10) days have elapsed since service of a written notice on the TENANT of the default and the LANDLORD'S intent to retake possession. Page 18 of 38 H:\Client Doca\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE CONY A TRUE COPY CERTIFICATION ON LAST PAGE t:FR T IFICATION ON LAST PAGE J.R. SMITH, CLERK J R. ,"WITH, CLERK (d) Ripht of Possession on Defau►t. The LANDLORD may retake possession of the Leased Premises without judicial action upon surrender or abandonment of the Leased Premises by the TENANT. Should TENANT fail to cure a default under the Lease Agreement or in the alternative to surrender or abandon possession of the Leased Premises within the time provided, the LANDLORD shall have the right to recover possession of the Leased Premises as provided by law in an action for Possession. The LANDLORD'S retaking of possession of the Leased Premises, whether by the TENANT'S surrender or abandonment of the Leased Premises, or by judicial action, shall not be deemed a waiver of any of the LANDLORD'S other claims, rights or remedies and will not terminate the Lease Agreement absent notice of termination by the LANDLORD. The LANDLORD may at any time after retaking possession or reletting terminate the Lease Agreement for the default because of which the LANDLORD reentered or relet the Leased Premises. (e) Remedies In Addition To Repossession. In addition to recovery of possession of the Leased Premises as provided herein, the LANDLORD shall have the right, at its sole option, to exercise one or more of the following remedies: (1) Terminate the Lease Agreement and recover from the TENANT all rents, fees, taxes and other amounts due through the date of termination together with any and all loss, expense, or damage which the LANDLORD may suffer by reason of such termination, whether for the costs of reletting or through an inability to relet the Leased Premises, or through a decrease in rent, or any other reason, including, but not limited to, attorney's fees and costs, through trial and appeal. N:\Client Docs\Airport\Attachment 8\2016.FPebrgueo ary 16AT ACHHENT B.docx A TRUE COPY rI=RTIFICATION ON LAST PAGE A ' RUE COPY R SWITH, CLERK CERTIFICATION ON LAST PAGE j.R. St/rITH, CLERK (2) Without terminating the Lease Agreement, declare the entire amount of the rent accelerated and to be due and payable immediately for the remainder of the full term of the Lease Agreement or the renewal term, in which event TENANT agrees to pay such sum at once, together with all arrearages, costs and expenses, including, but not limited to, attorney's fees and costs, through trial and appeal. (3) Without terminating the Lease Agreement, relet the premises for any term at such rent and on such terms as the LANDLORD may choose during the remainder of the TENANT'S term for the account of the TENANT and recover from the TENANT at the end of the term or at the time each payment of rent comes due under the Lease Agreement, whichever the LANDLORD may choose, the difference between all the rent, costs and fees specified in the Lease Agreement and all the rent, costs and fees actually received from the reletting, together with any and all loss, expense, or damage which the LANDLORD may suffer for the costs of reletting the Leased Premises or any other reason, together with all arrearages, costs and expenses, including, but not limited to, attorney fees and costs, through trial and appeal. (f) No Waiver By Extension. Any extension of time to cure a default that may be granted to TENANT by LANDLORD after the aforementioned written notice is served shall not be deemed a waiver of LANDLORD'S right to retake possession without additional notice. (g) Notices. The method for serving notices shall be as otherwise provided herein, or, if the TENANT is absent from the Leased Premises or the address Page 20 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE "RTIFICATION ON LAST PAGE J.R. SMITH, CLERK (:;JVl1'H, CLERK designated by the TENANT for service of notices, by leaving a copy thereof at such place or by posting on the Leased Premises. (h) LANDLORD may, as agent of the TENANT, do whatever the TENANT is obligated to do, other than payment of rents, or taxes, by the provisions of the Lease Agreement, and may enter the Leased Premises, without being liable to prosecution of any claims for damages therefor, in order to accomplish this purpose. The TENANT hereby grants LANDLORD irrevocable authority and permission to enter the premises for this purpose and agrees to reimburse the LANDLORD immediately upon written demand for any expense which the LANDLORD may incur in thus affecting compliance with the Lease Agreement on behalf of the TENANT, and the TENANT further agrees that the LANDLORD shall not be liable for any damages resulting to the TENANT from such action, whether caused by the negligence of the LANDLORD or otherwise. (i) In the event of any breach or threatened breach by the TENANT of any of the terms, covenants, agreements, provisions or conditions in the Lease Agreement, the LANDLORD shall have the right to invoke any right and remedy allowed at law or in equity or by statute or otherwise as through reentry, summary proceedings, and other remedies not provided for in the Lease Agreement. 0) Upon the termination of the Lease Agreement and the term created, or upon the termination of the TENANT'S right of possession, whether by lapse of time or at the option of the LANDLORD, the TENANT will at once surrender possession of the Leased Premises to the LANDLORD and remove all of its personal property (non - fixtures) from it. If possession is not immediately surrendered, the LANDLORD may obtain possession of the Leased Premises as provided by law (Section 83.05, Florida Statutes, or as that provision may be amended). Page 21 of 38 N:\Client Docs\Airport\Attachment B\2016. February. 16 -ATTACHMENT B.dccx A TRUE COPY TRUE COPY `=�°�'FICATION ON LAST PAGE CERTIFICATION SMITH, CLERK RON LAST PAGE J.R, SMITH, CLERK (k) Should the TENANT, at any time during the term of this Lease Agreement, suffer or permit an involuntary or voluntary petition in bankruptcy to be filed against it, or institute a proceeding under Chapters 7, 11, or 13 of the United States Bankruptcy Code, as they may be amended, the TENANT, and/or the TENANT'S successor in interest, including but not limited to the trustee assuming or assigned the Lease Agreement, shall provide adequate protection and adequate assurances of future performance of the Lease Agreement as are required by the Bankruptcy Code which will include but not be limited to the following: (1) All monetary and non -monetary defaults existing prior to the institution of the filing of the bankruptcy petition shall be cured within forty- five (45) days of service of written demand made upon the TENANT by the LANDLORD which will include all costs and attorney's fees expended by LANDLORD to the date of the curing of the default; and (2) An additional one month of advance rental will be required as additional security of future performance which must be paid to the LANDLORD within forty-five (45) days of the filing of the petition in bankruptcy; and (3) All obligations of the TENANT must be performed in accordance with the terms of the Lease Agreement. If at any time during the pendency of the bankruptcy proceeding, the TENANT or its successor in interest fails to perform any of the monetary or non -monetary obligations required under the terms of the Lease Agreement, or fails to cure any pre -filing default, or fails to make the additional security deposit required under the adequate protection and adequate assurances of future performance clause above, the TENANT and/or its Page 22 of 38 N:\Client Docs\Airport\Attachment B\2016. February. 16. ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST RAGE 'R LIE COPY J.R. ISf:4,'TH, CLE�n I:ERT;FICA.TION ON LAST PAGE J R. StAITH, CLERK successor in interest stipulates and agrees to waive its rights to notice and hearing and to allow the LANDLORD total relief from the automatic stay under 11 U.S.C. 362 to enforce its rights under the Lease Agreement and under state law including, but not limited to, issuance and enforcement of a judgment for possession and writ of possession. (f) General Provisions Relating to Default. Pursuit by LANDLORD of any of the foregoing remedies shall not preclude the pursuit of any of the other remedies herein provided or any other remedies provided by law. No act or thing done by the LANDLORD or its agents during the term hereby granted shall be deemed an acceptance of a surrender of said Leased Premises, and no agreement to accept a surrender of said Leased Premises shall be valid unless the same be made in writing and subscribed by the LANDLORD. The mention in the Lease Agreement of any particular remedy shall not preclude the LANDLORD from any other remedy the LANDLORD might have, either in law or in equity, nor shall the waiver of or redress for any violation of any covenant or condition in the Lease Agreement or any of the rules and regulations set forth herein, or hereafter adopted by LANDLORD, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The acceptance by the LANDLORD of any rent with knowledge of the breach of any covenant in the Lease Agreement, other than a breach by non-payment, shall not be deemed a waiver of such breach. Termination of the Lease Agreement by lapse of time or otherwise, prior to the ending thereof as agreed to by the parties shall not affect the LANDLORD'S right to collect rent for the period prior to the termination thereof. Page 23 of 38 N:\Client Docs\Airport\Attachment B\2016. February. 16. ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CER T IFICA T ION ON LAST PAGE J.R. SMITH, CLERK JR, SMITH, CLERK 15. SURRENDER AT END OF TERM: At the expiration or termination of the initial term or any renewal term of the Lease Agreement or earlier termination hereof, TENANT shall peaceably and quietly leave, surrender and deliver to LANDLORD the Leased Premises, together with any buildings, improvements, and fixtures, excluding any personal property of TENANT not affixed to the Leased Premises, broom clean, and in thorough repair, good order, and safe condition. TENANT shall remove all of TENANT'S unaffixed personal property from the Leased Premises upon termination. If TENANT fails to remove TENANT'S unaffixed personal property within fifteen (15) days after the date of expiration or earlier termination, such property shall be deemed to have been abandoned without notice to TENANT. LANDLORD may appropriate, sell, store, destroy, or otherwise dispose of any such abandoned property without notice to TENANT and without obligation to account therefor. Further, TENANT shall pay to LANDLORD the cost LANDLORD incurs in removing, selling, storing, destroying, and disposing of such abandoned property in excess of any value recovered for such abandoned property. 16. HOLDOVER TENANCY: If the TENANT remains in possession of the Leased Premises after the Lease Agreement expires or terminates for any reason: (a) TENANT will be deemed to be occupying the Leased Premises as a TENANT from month-to-month at the sufferance of the LANDLORD. The TENANT will be subject to all of the provisions of the Lease Agreement, except that, at the LANDLORD'S discretion, the base rent will be at a monthly rate equal to twice the amount of a single monthly installment of fixed rent for the Leased Premises calculated at the then current rate in effect at the time of expiration or termination of the Lease Agreement; and Page 24 of 38 N.\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PACE CERTIFICATION ON LAST PAGE J.R. S10iITH, CLERK J.R. SMITH, CLERK (b) TENANT shall reimburse LANDLORD for any additional damages which LANDLORD suffers by reason of TENANT'S continued occupancy; and (c) TENANT shall indemnify LANDLORD from and against all claims made by any succeeding tenant insofar as such delay is occasioned by TENANT'S failure to surrender the Leased Premises. For purposes of this Section, "Base Rent" shall be that portion of the rent based on a square footage rate, as adjusted by the CPI. 17. ACCORD AND SATISFACTION/WAIVER: (a) If the TENANT pays to LANDLORD an amount that is less than the full amount stipulated to be paid under the terms of the Lease Agreement, that payment shall be considered to be made only on account and applied to the stipulated amount due. No endorsement or statement on any check or letter shall be deemed an accord and satisfaction. The LANDLORD may accept any check or payment without prejudice to the LANDLORD'S right to recover the balance due or to pursue any other available remedy. (b) Any default in the payment of the fixed or additional rent or other charges, or any failure of LANDLORD to enforce the provisions of the Lease Agreement upon any default by TENANT, shall not be construed as creating a custom of deferring payment or as modifying in any way the terms of the Lease Agreement, or as a waiver of LANDLORD'S right to terminate the Lease Agreement as herein provided, or otherwise to enforce the provisions thereof for any subsequent default. 18. MORTGAGING THE LEASEHOLD: Unless specifically excluded under the Standard or Special Provisions of the Lease Agreement, and unless TENANT is In default under the terms of the Lease Agreement, TENANT shall have the right to mortgage TENANT'S interest created under the Lease Agreement, subject to all the Page 25 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16,ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE A T RUE CCPY J.R. SMITH, CLERK CEP T IFICATION ON LAST PAGE J.R. SIv11TH, CLERK terms and conditions of the Lease Agreement, to a Federal or State Savings and Loan Association, Bank or Trust Company, Insurance Company, Pension Fund or Trust, or similar lending institution authorized and licensed to make leasehold mortgage loans in the State of Florida. If TENANT mortgages the leasehold estate, and if the holder of the mortgage (hereinafter the "Mortgagee"), within forty-five (45) days of its execution, delivers to LANDLORD a true copy of the mortgage and all pertinent documents related thereto, together with written notice specifying the name and address of the Mortgagee and the pertinent recording data with respect to the mortgage, then, as long as any such leasehold mortgage shall remain unsatisfied of record or until written notice of satisfaction is given by the holder to LANDLORD, the following provisions shall apply: (a) Upon serving TENANT with any notice of default pursuant to Paragraph 14, LANDLORD shall simultaneously mail or otherwise deliver a copy of the notice of default to the Mortgagee. If TENANT fails to cure the default(s) within the time stated in the notice of default, LANDLORD shall deliver to Mortgagee an additional notice so stating. Mortgagee shall have fifteen (15) days from the date of the additional notice to remedy or cause to have remedied the default(s) listed on the notice of default, and LANDLORD shall accept the remedy by or at the instigation of the Mortgagee as if performed by TENANT. TENANT shall cooperate fully in giving notice to the Mortgagee and otherwise assisting in correcting any default(s). (b) LANDLORD agrees that the name of the Mortgagee may be added to the "Loss Payable Endorsement" of any insurance policies required by the Lease Agreement to be carried by TENANT on condition that the insurance proceeds are to be applied strictly in the manner specified in the Lease Agreement and any mortgage and Page 26 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGECERTIFICA T ION ON LAST PAGE J.R. SMITH, CLERK 1 R. SMITH CLERK all collateral document(s) shall so provide. Any expense resulting thereby shall be the TENANT'S responsibility. (c) TENANT shall also have the right from time to time during the term of the Lease Agreement to place any substitute or additional mortgage on the leasehold estate created by the Lease Agreement and on TENANT'S interest in the leasehold estate: provided, however, that all such mortgages, and any and all mortgages created pursuant to this Paragraph 18, shall be subordinate to the Lease Agreement and no such mortgage(s) shall extend beyond the initial term or the option term, if any, then in effect; provided, further, that LANDLORD shall have the right to approve or deny TENANT'S request to place the additional or substitute mortgage on the leasehold estate. LANDLORD shall not unreasonably withhold such approval. (d) No mortgage on the leasehold estate created by the Lease Agreement or on the TENANT'S interest in the leasehold estate shall be binding upon the LANDLORD in the enforcement of LANDLORD'S rights under the Lease Agreement. 99. ENVIRONMENTAL PROVISIONS: (a) Subject to any limitations in federal or state law, the LANDLORD agrees that the TENANT shall have no liability for any pre-existing environmental contamination of the Leased Premises, provided the TENANT demonstrates that an event causing such environmental contamination was a pre -occupancy event as described in Paragraph (k) of this section for which TENANT is not liable hereunder. The LANDLORD will hold the TENANT harmless from all costs and expenses associated with any such pre-existing environmental contamination of the Leased Premises arising out of a pre -occupancy event which was not caused by the TENANT. Page 27 of 38 N:\Client Docs\Airport\Attachment 8\2016. February. 16. ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAWTIFICATION ON LAST PAGE J.R. SMITH, CLERK J.R. SMITH, CLERK (b) Notwithstanding the foregoing, the TENANT shall be solely responsible for and indemnify LANDLORD for all costs and expenses including, but not limited to, remediation, fines, and attorney's fees through trial and appeal, that arise in any manner out of environmental contamination caused by the TENANT, the TENANT'S agents, employees, contractors, or invitees during any prior or current tenancy or occupancy of the Leased Premises or any portion thereof. (c) The parties' responsibilities, obligations, and liabilities pursuant to this Lease Agreement shall survive the expiration or early termination of the Lease Agreement or any renewal term. (d) Nothing in the Lease Agreement shall be deemed to be a waiver of the LANDLORD'S right to take action against responsible parties for remediation of, or payment for, environmental contamination on the Leased Premises, nor be deemed to be an assumption by the LANDLORD of the responsibility for such remediation or payment, except as may be imposed on the LANDLORD as a matter of law. (e) The TENANT acknowledges that remediation steps taken to correct any environmental contamination may extend over a number of years and may cause inconvenience and business interruption to the TENANT. The LANDLORD shall not be liable to the TENANT in any manner for such inconvenience and disruption. (f) Except as properly permitted under federal, state and local laws, rules, and regulations, TENANT shall not conduct nor permit or authorize any other person or entity to engage in the generation, storage, treatment, or disposal of any hazardous materials (as defined under federal, state, and local environmental laws), on or in any location that might adversely affect or contaminate the Leased Premises. This Page 28 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE 1ERTIFICAT ION ON LAST PAGE J.R. SIv11TH, CLERK !R. SMITH, CLERK paragraph (f) shall not apply to properly permitted storage, if any, allowed under the terms of the Lease Agreement. (g) The TENANT shall store, utilize, and dispose of all industrial, domestic, hazardous, and solid wastes permitted under the terms of the Lease Agreement in accordance with applicable federal, state, and local laws, rules, and regulations. (h) TENANT shall immediately provide LANDLORD verbal notice of any spill or release of hazardous materials at or from the Leased Premises. TENANT shall promptly confirm the verbal notice to LANDLORD in writing providing the details of such spill or release and the remediation taken by TENANT. (i) TENANT shall not install or utilize any irrigation wells on the Leased Premises. 0) In the event that any environmental condition arises on the Leased Premises or any hazardous materials prohibited by or actionable under applicable law should now or hereafter contaminate, or be located on the Leased Premises, except for pre -occupancy events as described in Paragraph (k) of this section, TENANT hereby agrees, at its expense, to immediately (1) remove said materials from the Leased Premises; (2) comply with any and all orders or directives of any federal, state, or local agency or department relative thereof; and (3) return the Leased Premises to its pre- existing condition without any diminution in the value thereof. (k) As used herein, "pre -occupancy event' shall mean any condition, occurrence, or event, including, but not limited to, a spill, the storage, disposal, or use of a hazardous material or waste as defined by federal, state or local law, ordinance, rule or regulation, occurring prior to the commencement date of the Lease Agreement and not caused by TENANT, whether originating on or off of the Leased Premises, whether Page 29 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAG-ATRUE COPY J.R. SMITH, CLERK CERTIFICATION ON LAST PAGE J.R. SIM T H. CLERK known or unknown at the time of the commencement date of the Lease Agreement, and whether or not any plume or contamination is determined to be ongoing or continuous. 20. PAYMENT AND PERFORMANCE BONDS: (a) TENANT shall cause TENANT'S contractor to obtain and provide a payment and performance bond, in the form approved by LANDLORD, for construction of any improvements on or to the Leased Premises for which the cost of completion will exceed $10,000.00. Such bond shall be payable in an amount equal to One Hundred Twenty -Five Percent (125%) of the estimated cost to complete the improvements and shall be underwritten by a surety acceptable to LANDLORD and authorized to do business in the State of Florida. TENANT'S contractor may substitute for a bond, a payment and performance irrevocable letter of credit, in the form approved by LANDLORD, from a bank authorized to do business in the State of Florida, and with an office located in Indian River County, Florida where such letter of credit may be drawn upon. All such bonds and letters of credit shall inure to the benefit of LANDLORD and TENANT and all other persons, companies and corporations entitled to make a claim for payment against the bond or letter of credit pursuant to the applicable provisions of Florida law. Such bond or letter of credit shall remain in effect through completion of the improvements and all guarantee and warranty periods. No improvements on or to the Leased Premises shall commence before the required bond or letter of credit is received and approved by LANDLORD. (b) TENANT shall cause TENANT'S contractor to provide a contractor's final affidavit upon completion of the improvements, certifying to LANDLORD and TENANT that full payment was made to all subcontractors, materialmen, leasing companies, and Page 30 of 38 N:\Client Docs\Airport\Attachment B\2016. February. 16. ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE J,R, SMITH, CLERK J.R. SMITH, CLERK any other person, company, or corporation providing goods, materials or services for the improvements. 21. NOTICES: (a) Any notice required or permitted to be given hereunder shall be in writing and deemed to have been duly given: (i) upon delivery (personally, by courier service, or other messenger) to the address of the appropriate party; or (ii) upon receipt as evidenced by the appropriate form of the United States Postal Service after mailing by United States registered or certified mail, return receipt requested, postage prepaid to such address; or (iii) upon mailing if such registered or certified mail is refused by the recipient or returned unclaimed to the sender. Any notice of default by TENANT of the Lease Agreement shall be given pursuant to the default provision. (b) LANDLORD designates the Airport Director as its official representative with the full power to represent LANDLORD in all dealings with TENANT in connection with the Leased Premises and in administration of the Lease Agreement. LANDLORD may designate different or additional representatives from time to time by written notice to TENANT as provided herein. All notices shall be given to the LANDLORD at the address set forth below or at such other address as specified by written notice delivered to the TENANT as provided herein. City of Vero Beach Airport Director's Office 3400 Cherokee Drive (32960) P.O. Box 1389 Vero Beach, Florida 32961-1389 All notices shall be given to the TENANT at the address of the Leased Premises or such other address as specified by written notice delivered to the LANDLORD as provided herein. Page 31 of 38 N:\Client Docs\Airport\Attachment B\2016. February.16.ATTACHNENT D.docx A TRUE COPY :FRTIFICATION ON LAST PAGE °' TRUE COPY r R. SMITH, CLERK CER IFIC.ATION ON LAST PAGE J.R. Sh ITH. CLERK 22. REAL ESTATE COMMISSION: LANDLORD and TENANT each covenant and warrant to the other that they have not authorized any person, firm, or corporation as a real estate agent or broker to deal on behalf of such party with respect to the Lease. TENANT agrees to indemnify and hold harmless LANDLORD from any claim for remuneration, commissions or broker's fees arising out of this transaction and Lease. 23. ENTRY OF LANDLORD: LANDLORD may enter the Leased Premises for any legal purpose, including, but not limited to: (a) To inspect or protect the Leased Premises; (b) To determine whether TENANT is complying with the terms of the Lease Agreement, applicable laws, orders, or regulations of any lawful authority having jurisdiction over the Leased Premises or any business conducted therein; or (c) To exhibit the Leased Premises to any prospective tenant when TENANT is in default of the Lease Agreement or has notified LANDLORD of intention to terminate the Lease Agreement or during the last six (6) months of the term of the Lease. No authorized entry by LANDLORD shall constitute an eviction of TENANT or deprivation of TENANT'S rights under the Lease; nor shall such entry alter LANDLORD'S obligations hereunder or create any right in LANDLORD adverse to TENANT'S interest hereunder. 24. CONSTRUCTION: (a) The Lease Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (b) The Lease Agreement shall be subordinate and subject to the provisions of any existing or future contract between LANDLORD and the United States, relative to Page 32 of 38 N:\Client Docs\Airport\Attachment B\2016.February_16.ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK J.R. SMITH, CLERK the development, operation, or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development, operation, or maintenance of the Airport. (c) If any part of the Lease Agreement is found invalid or unenforceable by any court or any branch of the federal government having jurisdiction over the operation of the Airport, including, but not limited to, the Federal Aviation Administration, such invalidity or unenforceability shall not affect the other parts of the Lease Agreement if the rights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effectuated. To that end, the separate provisions of the Lease Agreement are declared severable. (d) If any branch of the federal government having jurisdiction over the operation of the Airport, including, but not limited to, the Federal Aviation Administration, deems any lease provision to be in non-compliance, the parties agree to delete, insert, or modify to the extent necessary any such provision to bring the Lease Agreement Into compliance. 25. LITIGATION: -LANDLORD and TENANT expressly agree that in the event suit or any other legal action arising out of or in any way connected with the Lease Agreement or use of the Leased Premises is initiated: (a) Venue shall be in Indian River County, Florida. (b) Trial by jury is hereby waived, on any matter whatsoever, including, without limitation, any claim for injury or damage. (c) The prevailing party shall be awarded their costs and all reasonable attorney's fees incurred through trial and appeal. Page 33 8 N:\Client Docs\Airport\Attachment 8\2016. February. 16.ATTACHMENT B.docx A TRUE COPY RTIFICATION ON LAST PAGE 'RUE COPY CERTIFICATION, ON LAST PAGE R. SMITH, CLERK J.R. SMITH, CLERK (d) In the event any distress for rent action is brought by LANDLORD against TENANT, TENANT expressly waives all constitutional, statutory or common law requirements for a bond by LANDLORD, including the requirements of Section 83.12, Florida Statutes, or as that provision may be amended. TENANT specifically agrees that no bond shall be required of the LANDLORD in any action. (e) In any eviction action initiated by LANDLORD, TENANT shall pay into the court registry the accrued rents as alleged in the complaint or as determined by the court pursuant to Section 83.232, Florida Statutes, or as that provision may be amended. Failure of the TENANT to pay the rents into the court registry shall be deemed an absolute waiver of the TENANT'S defenses and shall entitle LANDLORD to an immediate default for possession without further notice or hearing thereon. (f) TENANT shall not bring any counterclaim of any kind in any action or proceeding commenced by LANDLORD to recover possession of the Leased Premises. The parties acknowledge that any such counterclaim would be prejudicial to the rights of LANDLORD granted under the Lease Agreement. The parties stipulate that any such counterclaim shall be severed and tried separately from the action for eviction pursuant to Florida Rule of Civil Procedure 1.270(b) and other applicable law. The eviction action shall proceed pursuant to the summary procedure set forth in Chapter 51, Florida Statutes, or as that provision may be amended. (g) TENANT shall utilize its best efforts to participate to the extent deemed necessary and directed by LANDLORD in the defense of any lawsuit brought by any person or entity challenging the validity of the Lease Agreement between the parties, the circumstances under which it was entered into, or any other such causes of action Page 34 of 38 N:\Client Doca\Airport\Attachment B\2016. February. 16. ATTACHMENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK J.R. SMITH, CLERK relating to the power of the parties to enter into the Lease Agreement or the procedures utilized by the parties for leasing the Leased Premises. 26. MISCELLANEOUS PROVISIONS: (a) Notwithstanding anything herein contained that may be or appear to be to the contrary, it is expressly understood and agreed that the rights granted to the TENANT under the Lease Agreement are non-exclusive and the LANDLORD herein reserves the right to grant similar privileges to another tenant or tenants on other parts of the Airport. (b) LANDLORD reserves the right to explore, dig, drill and construct water wells of such depth and dimension as may suit its needs on any part of the Leased Premises with the right of ingress, egress and regress for such exploring, digging, drilling and construction and for laying of pipes to transport such water at such depth and for such distance over the Leased Premises as may be deemed necessary by LANDLORD. If LANDLORD exercises this right, TENANT'S rent will be reduced, based solely on the square footage of land and/or commercial space made unavailable for TENANT'S use, at the applicable rates as described in the rent provisions of the Lease Agreement. If LANDLORD exercises this right, LANDLORD shall, to the extent possible, locate such wells in such a manner as not to disturb TENANT'S operations. (c) TENANT assures LANDLORD that it will undertake an affirmative action program as required by 14 Code of Federal Regulations Part 152, Subpart E, to ensure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in or receiving the services or benefits of any program or activity covered by subpart. TENANT assures LANDLORD that it will require that its covered suborganizations provide assurances to the LANDLORD that they similarly will Page 35 of 38 N:\Client Doca\Airport\Attachment B\2016. February. 16. ATTACHMENT B.docx A TRUE COPY A TRUE COPY '.ERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE i.R. SMITH, CLERK J R. Sf:'ITH, CLERK undertake affirmative action programs and that they will require assurances from their suborganizations, as required by 14 Code of Federal Regulations, Part 152, Subpart E, to the same effect. (d) TENANT expressly agrees for TENANT and TENANT'S successors and assigns, that no person, on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 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 participation in, denied the benefits of, or be otherwise subjected to discrimination; that the TENANT and TENANT'S successors and assigns 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 Transportation - Effectuation of Title IV of the Civil Rights Act of 1964, and as such regulations may be amended; that in the event of breach of any of the above nondiscrimination covenants, LANDLORD shall have the right to terminate the Lease Agreement and to retake possession pursuant to law. The provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed, including exercise or expiration of appeal rights. (e) If TENANT is a corporation, partnership, or limited liability company, TENANT'S status shall continuously be in good standing, active, and current with the state of its incorporation or registration and the State of Florida, and TENANT shall keep Page 36 of 38 N:\Client Docs\Airport\Attachment B\2016.Pebruary.16.ATTACHHENT B.docx A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE R?;, Ir i ICP. ON LAST PAGE J.R. SMITH, CLERK J R. u, CLERK its status active and current throughout the term of the Lease Agreement and renewal. Failure of TENANT to keep its status active and current shall constitute a default. {f) LANDLORD reserves the right to develop, improve, repair, and alter the Airport and all roadways, parking areas, terminal facilities, landing areas, and taxiways as it may deem appropriate, free from any and all liability to TENANT for TENANT'S loss of business or damages of any kind or nature whatsoever arising out of or connected to the making of such improvements, repairs, and alterations. (g) Any construction, reconstruction, remodeling, installation of improvements, or other work done to the Leased Premises by TENANT shall be performed in compliance with the requirements of the Americans with Disabilities Act ("ADA"), at TENANT'S expense. In the event that a regulatory agency, private party, organization, or any other person or entity makes a claim under the ADA against either (or both) parties, the party whose breach (or alleged breach) of responsibility under this Lease Agreement gave rise to the claim shall, in good faith and at that party's sole cost, promptly take whatever actions are necessary to bring the Leased Premises into compliance with ADA requirements. That party shall defend, save, and hold harmless the other party from any and all expenses incurred in responding to such a claim, including without limitation the fees of attorneys and other advisors, court costs, and costs incurred for bringing the Leased Premises into compliance. (h) The captions and paragraphs or letters appearing in this Attachment B and the Lease Agreement are inserted only as a matter of convenience and in no way affect, define, limit, construe, or describe the scope or intent of the sections or articles of this Attachment B and the Lease Agreement. Page 37 of 38 N:\Client Docs\Airport\Attachment B\2016.February.16.ATTACHMENT B.docx A TRUE COPY A TRUE COPY "FRTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE !.R. SMITH, CLERK J.R. SIaITH, CLERK (i) This Attachment B, together with the Lease Agreement and all related attachments, agreements, resolutions, and ordinances approved by the City of Vero Beach, set forth all the promises, agreements, conditions, and understandings between LANDLORD and TENANT relative to the Leased Premises. There are no other promises, agreements, conditions, or understandings, either oral or written, between them. No subsequent alteration, amendment, change, or addition to this Lease Agreement will be binding on LANDLORD or TENANT unless in writing and signed by them and made a part of this Lease Agreement by direct reference. 0) The terms of this Attachment B and the Lease Agreement shall be binding on the respective successors, representatives, and assigns of the parties. (k) The Lease Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. (I) 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 health department. Page 38 of 38 N:\Client Docs\Airport\Attachment B\2016. February. 16. ATTACHMENT B.docx A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Advantage Consulting, LLC Diverse, Innovative, Responsive. Effective 410 Lake Lenelle Drive Chuluola, Florida 32766 ENVIRONMENTAL SITE ASSESSMENT PHASE 1 VERO BEACH AIRPORT FIRE STATION 43 2950 AIRPORT WEST DRIVE, VERO BEACH_ FI 329F7 City of Vero Beach — Vero Beach Regional Airport Vero Beach, Florida 32960-4506 Prepared for and Submitted to: Mr. Todd Scher, Airport Manager Vero Beach Regional Airport Vero Beach, Florida 32960-4606 Prepared by: Gary Exner, CHMM, CFEA, REPA Advantage Consulting LLC 410 Lake Lenelle Drive Chuluota, FL 32766 407/312-5066 ADVANTAGE CONSULTING LLC October 6, 2021 ATRUE COPY RTIFICATION ON LAST PAGE A TRUE COPY R. SMITH, CLERK CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK Table of Contents SECTION PAGE 1.0 EXECUTIVE SUMMARY ....................................... 1 ............................... 1.1 INTRODUCTION............................................................. 1 ....................................... 1.1.1 Purpose......................................................................................................................1 1.1.2 Special Terms and Conditions .................................... 1.1.3 Limitations and Exceptions of Assessment ................ 2 ................................. 1.1.4 Limited Conditions and Methodology Used................................,......,.............2 2.0 SITE DESCRIPTION ..................................... 4 ................................................................ 2.0.1 Location and Legal Description......................................................... .......... ......4 .... ...... 2.0.2 Site and Vicinity Characteristics..................................................................................5 2.0.3 Structures, Roads, and Other Site Improvements.......................................................5 2.0.4 Environmental Liens on the Property ....................................... .......5 ............................ 2.0.5 Current Uses of the Property ......................................... 2.0.6 Past Uses of the Property ........................................... ...........5 ..................................... 2.0.7 Current and Past Uses of Adjoining Properties...........................................................6 2.0.8 Site Map................................................................... 6 ................ 2.1 RECORDS REVIEW ..................................................... 6 .................................. . 2. 1.1 Standard Environmental Record Sources, Federal and State.....................................6 2.1.2 Physical Setting Sources ............................. ......,,.,...7 .................................................. 2.1.3 Historical Use Information........................................................... 7 ............... 2.2 INFORMATION FROM SITE RECONNAISSANCE AND INTERVIEWS...............................8 2.2.1 Hazardous Substance Containers and Unidentified Substance Containers ................8 2.2.2 Hazardous Substance Containers and Unidentified Substance Containers ................8 2.2.3 Storage Tanks................................................................................... 8 ................... 2.2.4 Indicators of PCBs ....................................... 8 ................................ 2.2.5 Indicators of Solid Waste Disposal..............................................................................9 2.2.6 Physical Setting Analysis............................................................................................9 2.2.7 Other Conditions of Concern ............................... g ..................................................... 2.2.8 Site Plan......................................................................................... 9 ..................... 2.3 FINDINGS AND CONCLUSIONS ............................... g ....................................................... 4TRUE COPY ERTIFICATION ON LAST PAGL R. SMITH, CLERK A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK APPENDICES SiteVicinity Map.......................................................................................................... Appendix Project Location Map/Aerial Photographs...................................................................Appendix II Environmental Database—EDR/FirstSearch Technology Corp.+ Surveys ................. Appendix III SitePhotographs.......................................................................................................Appendix IV Soils Map and FEMA Flood Prone Area Map..............................................................Appendix V USGS 7.5 -Minute Topographic Map, Vero Beach, FL Quadrangle.............................Appendix VI HistoricAerials..........................................................................................................Appendix VII Resumes.................................................................................................pp ndix VIII A e �. TRUE COPY <TIFICATION ON LAST PAiZ;JRUE COPY PJ'iTH, CLERK CERTIFICATION ON LAST PAGE I R. SPr11TH. CLERK Page 1 1.0 EXECUTIVE SUMMARY The Consultant, Gary Exner of Advantage Consulting LLC, conducted a detailed Phase I Environmental Site Assessment (ESA) on October 5, 2021 of the subject property located at 2950 Airport West Drive, Vero Beach, FL 32967, serving as the ARRF (Aircraft Rescue and Fire Fighting) station adjacent to the Vero Beah Regional Airport. The property is presently owned by the City of Vero Beach as part of the Vero Beach Regional Airport properties. The property is identified as Indian River County Property Appraiser Property Identification #53970, Parcel ID# 32-39-26-00011-0480-00001.1, and is estimated to be approximately 2.72+/- Acres or 118,483+/- (SF) Square Feet in size. The parcel lies in Section 34, Township 32S, Range 26E is currently developed, and contains a single -story building with offices, fire rescue and fire fighting equipment, and storage/warehouse space. The subject parcel is an irregularly shaped rectangular parcel in the southwest side of the airport -owned property (see Site Vicinity Map - Appendix 1). The subject structure is 19,399 SF overall with 9,275 SF heated area, and was actually built in 1985. The subject property is further described in the Indian River County Property Appraiser's record cards included in Appendix II. The ESA was performed in accordance with the American Society for Testing and Materials Standard Practice for Environmental Site Assessments (ASTM Practice E 1527- 05E), Sections 6-11. Non -scope considerations, as defined in the standard practice, were not addressed. Based on the unknown historic use of the parcels and future excavation/development plans, additional inspections, sampling, and laboratory analyses may be necessary. 1.1 INTRODUCTION 1.1.1 Purpose The purpose of this Phase I ESA is to determine the likelihood of hazardous or petroleum substances being present on the subject property that would result in cleanup liability on behalf of the property owner. Almost all businesses use products containing hazardous or toxic materials as defined by the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or the various environmental regulatory agencies. Often, the amount of material stored, generated, or disposed does not exceed reportable quantities as defined in Federal, State, or local environmental regulations. As a result, this report does not address hazardous or toxic substances that currently appear to be present in very small quantities below reportable levels, but over a length of time could exceed reportable quantities. The purpose and objective of the standard Phase I ESA was met through a physical site investigation of the subject parcel, a limited investigation of adjacent properties, interviews, and a review of Florida Department of Environmental Protection (FDEP) and available EDR (EDR/FirstSearch Technology Corporation) environmental databases. 1.1.2 Special Terms and Conditions This Phase I report is a professional opinion of the possibility of contamination impacts to the subject property resulting from direct visual observation and review of available EDR file information as compiled by others. This report was performed as a standardized ESA Phase 1 which did not include sampling or analyses of asbestos and/or lead based paints as a preemptive evaluation of potential risks that may be associated with any planned excavations/demolition of ground surfaces on the subject sites. The assessment does not include such environmental issues as naturally occurring toxic substances in the subsurface soils, rocks, water and/or toxicity of on-site flora, toxicity of common household products or consumables, contaminants or contaminant concentrations that are not now Recognized Environmental Concerns (REC), but may be under future regulations, radon gas, or wetland issues. TRUE COPY ='Rt'E COPY -J171FICATION ON LAST PAGE CERTIFICATION ON LAST PAGE R. SMITH, CLERK JR S.1;11TH. CLERK Page 2 1.1.3 Limitations and Exceptions of Assessment The focus of this Phase I ESA is to evaluate the presence of hazardous or petroleum substance contamination resulting from past and current uses of the subject property and adjacent properties. The assessment is limited to conditions observed on and around the existing properties during the inspection survey. Areas that are not addressed as part of the ESA are as follows: naturally occurring toxic substances in the subsurface soils, rocks, water, and/or toxicity of on- site flora; toxicity of substances common in habitable environments, such as stored household products, or consumables; contaminants or contaminant concentrations that are not a concern now but may be under future regulations. The level of environmental investigation for this ESA Phase 1 does not include intrusive testing or analysis of soils or groundwater as an assessment of any recognized or suspected contamination. This report does recommend further investigative action if Recognized Environmental Concerns (REC) are observed and that may be prudent to evaluated further to confirm suspected contaminants found. An ESA is typically valid for six months, as that is the update frequency of FDEP file data. 1.1.4 Limitinq Conditions and Methodology Used Information and data supplied to this Consultant by others (EDR) considered in this assessment is from sources nationally recognized as reliable, but no responsibility is assumed by Advantage Consulting LLC for its accuracy. This ESA Phase I is limited to observations by an experienced environmental scientist rendering a professional opinion of the site project area. It is also the result of the research of available public record files compiled by EDR. Intrusive testing for elemental sampling of the physical components of a property such as soil and groundwater is not typically performed nor analyzed at the Phase 1 ESA level of inspection. However, because the age of the overall surrounding airport properties (circa 1930) and the selection of the airport commissioned as a naval air station in 1942, it is possible hazardous or toxic materials may have been either stored or disposed of on or near the subject parcel. Asbestos or lead-based paints were used during the war years when the naval air station was active. Most of these products were banned from use prior to 1987. The use of asbestos was phased out in 1989 and banned entirely in December 2003. No evidence of these possible RECs was observed or indicated during the field inspection. The National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations under the Clean Air Act specify work practices for asbestos to be followed during demolitions and renovations of all structures, installations, and buildings (excluding residential buildings that have four or fewer dwelling units). The regulations require the owner of the building or the operator to notify the appropriate state agency before any demolition, or before any renovations of buildings that could contain a certain threshold amount of asbestos or asbestos -containing material. In addition, particular manufacturing and fabricating operations either cannot emit visible emissions into the outside air or must follow air cleaning procedures, as well as follow certain requirements when removing asbestos -containing waste. A TRUE COPY A TRUE COPY CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE R. SMITH, CLERK ,;.R. Stv11TH: CLERK Page 3 The Asbestos Hazard Emergency Response Act (AHERA)'s Model Accreditation Plan (MAP) requires that asbestos professionals (including any worker, contractor or supervisor, inspector, management planner, or project designer) working with asbestos -containing building materials in a school, public or commercial building be accredited under a training program at least as stringent as the EPA Model Accreditation Plan (MAP). In addition, state and local agencies may have more stringent standards than those required by the federal government. Congress passed the Residential Lead -Based Paint (LBP) Hazard Reduction Act of 1992, also known as Title X, to protect families from exposure to lead from paint, dust, and soil. Section 1018 of this law directed HUD and EPA to require the disclosure of known information on lead-based paint and lead- based paint hazards before the sale or lease of most housing built before 1978. The United States' Consumer Product Safety Commission (CPSC) banned lead paint in 1977 in residential properties and public buildings (16 Code of Federal Regulations 1303). Non-residential Structures - Waste Determination & Management LBP debris that comes from commercial or industrial sources, as opposed to households, may be subject to state and federal hazardous waste rules. In this case the generator must determine whether the debris fails, or is likely to fail, the toxicity characteristic for lead. Two scenarios are outlined below for making the waste determination and then managing the LBP debris in accordance with applicable standards: 1) whole -building demolition, and 2) renovation/abatement. Whole -Building Demolition The US EPA has stated that solid architectural components coated with LBP are less likely to be hazardous because of the small ratio of lead paint to total waste mass 1. The US Army conducted a study which concluded that whole -building demolition debris is not likely to exceed the toxicity characteristic standard for lead if it is handled as a single, whole waste stream and disposed of all together 2. Whole - building demolition debris is therefore considered a non -hazardous waste with regard to lead. No sampling/analysis of painted components for lead is required for disposal as non -hazardous waste. Proposed in January of 2006 to "reduce exposure to lead hazards created by renovation, repair, and painting activities that disturb lead-based paint and support the Federal Government's goal of eliminating childhood lead poisoning by 2010", the current regulations took effect on April 22, 2010. The rule requires that property owners, managers and contractors performing renovation, repair and painting activities that will disturb lead-based paint in pre -1978 housing or a child -occupied facility must be certified and follow the lead -safe work practices required by EPA's Lead, Renovation, Repair and Painting Program. To become certified, there must be an "application for firm certification" and payment of a fee to the EPA. An application must be approved or disapproved within 90 days after the EPA receives a complete application. There is the potential of $37,500 -a -day fines for violation. The site inspection was performed by walking the parcel boundary and accessible areas around and outside the property. In addition, observations were made of adjacent properties looking for RECs. The site reconnaissance was performed on October 5, 2021 by Gary Exner of Advantage Consulting LLC. This ESA Phase I report incorporates the EDR/FirstSearch Technology Corporation's Environmental FirstSearch Report to locate available regulatory agency (FDEP/USEPA) information pertaining to hazardous/petroleum materials (see Appendix III). .A TRUE: COPY A TRUE COPY CPQ i-IFICATION ON LAST PAGE CEP T IFICAT10w ON LAST PAGE R. SMITH, CLERK ' `l. S101TH. CLERK Page 4 The EDR/FirstSearch Report meets the government records search requirements of ASTM Standard Practice for Environmental Site Assessments, E 1527-05E. The following files were searched for any sites with hazardous/petroleum material records and/or violations: Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), Toxic Site Directory; (TSD), Generators (GEN), Emergency Response Notification System (ERNS), National Priority List (NPL), Resource Conservation and Recovery Information System (RCRIS), Facility Index System (FINDS). RCRA Administrative Action Tracking System (RAATS), Underground Storage Tanks (UST), Leaking Underground Storage Tanks (LUST), Toxic Release Inventory (TRI), State Superfund Sites, Solid Waste Facilities, and orphan reports for Indian River County, including Civil Enforcement Docket /Leaking Tank Sites. Photographs of potential contamination sources were taken on the subject property (see Appendix IV). Available historic aerial photographs (1943 - 2020) were reviewed to identify any activities that may have shown that contamination from hazardous or petroleum substance generation, storage, or transportation may have occurred within the subject property area. A cursory review of soils was conducted using the NRCS Soil Survey for Indian River County, Florida (see Appendix V). The primary soil type found on the subject site is identified as EauGallie fine sand (3) which covers 100% of the area of the parcel. The Vero Beach, Florida USGS Quad map can be found in Appendix VI. Interviews, inquiries, and database searches were compiled from the Florida Department of Environmental Protection (FDEP), FDEP's OCULUS Site, and the USEPA Envirofacts, and EDR/First Search Technology Corporation -Environmental Database. A resume of the consultant for this investigation can be found in Appendix VII. 2.0 SITE DESCRIPTION 2.0.1 Location and Legal Description According to information supplied to Advantage Consulting LLC by the Vero Beach Regional Airport staff, the subject property is located adjacent and southwest of airport Runway 4 on Vero Beach Regional Airport property. The subject property is presently developed and contains a single -story building with office space and fire rescue and firefighting warehouse facilities. The parcel also contains two large, 2,000 Gallon capacity, Above Ground Fuel Storage Diesel Tank (AST) at the northeast side of the property. Airport vegetation groundcover and typical landscape vegetation currently exist on the north and west sides of the building around the paved parking lot area for the property (see Photographs). The property area is served by Vero Beach Municipal Power electrical service, and municipal water and sewer. Property Legal Descriptions, as described in the Indian River County Property Appraisers information, can be found in Appendix II. 4 TRUE COPY ATRUE COPY '771, IFICATION ON LAST PAGE CERT!FICJION ON LAST PAGE R. SP01TH, CLERK j.R. SN'117H, CLERK Page 5 2.0.2 Site and Vicinity Characteristics According to the USGS Topographic Map of the Vero Beach, Florida Quadrangle, included as Appendix VI of this report, the relative elevation for the subject property is approximately 24 -feet NGVD. Other properties surrounding the subject parcel was occupied and functioning as an Aircraft Rescue and Fire Fighting airport -related building. The City of Vero Beach Fire Station 3 is located at 2950 Airport West Drive, Vero Beach, Florida, with two, large Liquid Propane (LP) Above Ground Storage Tanks (ASTs) at the northeast side of the site. A propane tank and an emergency back-up generator is situated next to the rear of the main building, south of the fire truck bays. 2.0.3 Structures, Roads, Other Site Improvements Site improvements in the area consist of paved parking lot areas, sidewalks, and Above -Ground Fuel Storage Tanks (AST) at the northeast corner of the concrete block building, and electrical service poles. Power service transformers and the ground surfaces were checked for indication of leaked electrolytes that may have contained polychlorinated biphenyls (PCBs). No indications of leaks or spills were found at the bases of the poles. Overhead power utilities were observed along the north side of the property. Water and sewer utility service is available for connection to the subject site. 2.0.4 Environmental Liens on the Property A Chain -of -Title was not provided to Advantage Consulting LLC for review. No readily available information was provided to indicate that there were any environmental liens or activities and/or land limitations recorded against the property. 2.0.5 Current Uses of the Property Currently, the subject property is currently occupied by Florida Power and Light (FPL). No hazardous or toxic items appeared to have been stored on the property. No problem areas were obvious during the site inspection. There were no obvious conditions that indicated that reportable quantities of hazardous or toxic materials had ever been generated, transported, or stored on the subject property. 2.0.6 Past Uses of the Property According to the aerial photographs reviewed for the years 1943-2020 (see Historic Aerial Photographs), other than the structures apparent in the historic aerials from the time the U.S. Naval Air Station was in operation, however recent site development has occurred on the property. Many other industrial features and airport lands have changed over the years in this region of the Vero Beach Regional Airport. There were no pits, ponds, lagoons, or other surface water bodies situated directly on the property, however a small, drainage ditch crosses from south to north just east of the site, and a triangular-shaped stormwater retention pond lie to the north of the subject parcel across Airport West Drive. The drainage ditch collects stormwater and drains to the south where it connects with a major drainage flowway south of the airport. The airport maintenance program apparently includes periodic mowing of the healthy ground cover vegetation. No evidence of any contamination was obvious anywhere on the subject parcel. No evidence of dumping, land filling, or other uncontrolled activities, which could have posed Recognized Environmental Concerns (RECs) with regard to the subject parcel were identified during the course of the site inspection, or in the aerial photographs and database reviews. A TRUE COPY A TRUE COPY (CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PACE J.R. SMITH, CLERK J.R. SMITH, CLERK Page 6 2.0.7 Current and Past Uses of Adjoining Properties The subject parcel lies southwest of the AOA fence and all movement areas for the airport. Corporate Air Inc, and the Paris Air Fuel storage ASTs lie on Airport West Drive at 3300, and north of the subject site. The City of Vero Beach Engineering Facility and its two AST fuel storage tanks lie to the northwest of the subject site. Site conditions have not changed appreciably since 1983, when the subject building was built (1985). The Florida Department of Environmental Protection (FDEP) monitors regular testing and reporting requirements of the City of Vero Beach wellfields northeast of the subject site. It is unlikely that any contaminants associated with any un -documented releases, in the past, that may have occurred in the area of the subject site, would have migrated northeast toward the welifields. There were no signs of stressed vegetation anywhere on the subject parcel. Historical reviews of FDEP files were inspected for evidence of potential contamination toward the subject properties. Reviews did not show that any hazardous or toxic contamination was obvious at the subject parcel. 2.0.8 Site Map A 2021 Indian River County aerial of the subject parcel is attached as Appendix II of this report. 2.1 RECORDS REVIEW 2.1.1 Standard Environmental Record Sources, Federal and State Records were researched through the Florida Department of Environmental Protection OCULUS database, and a search of all available environmental records was conducted by EDR/First Search Technology Corp. The database report, included as Appendix III, meets the government records search requirements of ASTM Standard Practice for Environmental Site Assessments, E 1527-05E. There were 10 listed sites located within <1/8'" of a mile to 1/2 mile, and 4 listed sites are at 1/2 mile of the subject property. The sites Al, A2, 3, 5, 6, 7, 8, and 9 are located at higher elevations than the subject site. Piper Aircraft Corporation is at the same elevation but located 0.831 miles further east than the subject site. Nine of the listed sites are located east, northeast, south, or southeast of the subject site. Only listed u.44!j mnes noun of the sutitect site. 1-- RI� ASM�011T X10 /ML1.. R Wase yay c -41ATY aevainM pf4tCigM g vmmm t ir.w +aea s a. aow lorwrt �+h NW.M&M M MY "" q .VO ssaa.aat aBn no 6M Mt a0)N lo.G-4A .*— ro aa.l low O�+s'L�Rai Craw WOA00%WT V M An I—.* wwm ' " Mf. a!b Mt / Omllil t011o. DiMae up- M»irww sopV — 'Maol.a a arosl.o+aw.rs w .w on.a awr a A m w e agpsfaM7na.� rawar9womm wn 1 b006"ranH ow aau. Am AVW#A ew COW*W losw.aar. t r —OM an v VAWT APPOR/ M1sA Aaai OOr1M1 *no orlon 'V+ wa a as low' a -roe aaanwT AGa► alp AnA MM1+o4 w sr Saar Mee o to • TW MW. laera an ACs uw Ri f an 04 6. Tf"tUE COPY A TRUE COPY 'r:F ICAT ION ON LAST PAGE CERTIFICATION ON LAST PAGE `�."ITH, CLERK J.R. SMITH, CLERK Page 7 One of the sites, Piper Aircraft Corp. was listed as a National Priorities List (NPL), RCRA-LQG (Large Quantity Generator) situated east of the subject site. One site (Piper Aircraft Corp.) was listed as a CERCLIS site located east-southeast of the subject site. The NPUCERCLIS site was reported as the Piper Aircraft Corporation (a Superfund Enforcement) facility. There were 2 Leaking Underground Storage Tanks (LUSTS) and 2 were listed as Registered Above Ground Storage Tanks (ASTs) facilities. Detailed data on each of these sites are included in the EDR/First Search Technologies report in Appendix III. Each of the included sites are listed as either NREQ (Cleanup not required), facility Closed (Vero Beach Municipal Airport)(UST), Open, In -Service, or in the process of hazardous, toxic waste management remediation (Vero Beach Airport Services) (LUST), (Flight Safety International, Inc)(LUST), (Pro-Flite of Vero, Inc.)(LUST), and (Former Vero Beach NAS Site)(LUST) Because of the down -gradient locations (SE migration) of these facilities, none of the sites are likely to have any effect on the condition of the subject parcel. For the purpose of this assessment, the above database research information is referenced in a separately bound EDR/Environmental FirstSearch Report to be supplemented to Appendix III. Additional information gathered from the USEPA's Envirofacts database references for the Paris Aviation AST data showing no spills or discharges, and the City of Vero Beach Water Treatment Plant located at 2515 Airport North Drive with Handler ID#FLR000140087 as a Federal LOG facility that engages in waste generation and waste shipping. Envirofacts database information is included in Appendix III. It appears that groundwater migration moves from the northwest to the east-southeast in the area of the subject parcel. The likelihood of the subject site receiving any current or relic contamination from the old airfield operations, or the current airport operations would be very remote. FIRM Flood Prone Rate Map shows the subject site lying north of the defined flood prone area along the stormwater drainage canal to the south of the airport (see Appendix V). The subject site is not physically within the Flood Prone Area. The subject site is presently served by underground municipal potable water and sewer utilities. Overhead electric power and telephone services lines are provided throughout the area. All additional information regarding potential contamination involvement on the subject properties, or any of the facilities of concern within the study area was gathered from the FDEP and/or other USEPA databases or interviews and is included in the following sections. Other Sites Treasure Coast Air Services at 2640 Airport North Drive had a 5,000 -gallon Registered AST (now removed) was previously located 1.45+/- miles northeast of the subject parcel. The New Hanger at the southwest end of Airport North Drive loop has a Registered 10,000 -gallon AST located 1.38 miles+/ - northeast of the subject parcel. The ASTs at Flight Safety International are located upgradient at a distance of 0.68 miles+/- northeast, and the Paris Air ASTs and the ASTs servicing the Vero Beach Engineering Facility are located essentially downgradient at 0.38 miles+/- north of the subject parcel, respectively. Continental Jet Aviation's AST is 0.17 miles+/- north northeast of the subject site. The Vero Beach Public Works and Engineering fueling ASTs are located 0.33 miles+/- north of the subject site (see Photographs). No other non -listed sites of concern were reported or observed within the immediate project area. A TRUE COPY A TRUE COPY CcIRTT1;ATION ON LAST PAGE CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK J.R. SMITH, CLERK Page 8 2.1.2 Physical Setting Sources Physical setting sources reviewed during the course of this assessment include the USGS Quad map, the NRCS Soil Survey map, information and maps supplied within the EDR/FirstSearch Technologies Report, USEPA Envirofacts database files, and Indian River County current -aerials and historic aerial photographs. 2.1.3 Historical Use Information Available historic aerial photographs of Section 32, Township 39 South, Range 26 East, dated 1943, 1951, 1970, 1981, 1994, 1999, and 2019 were reviewed. Development of airport—related and small industrial parcels started around 1960 and continued slowly through the 1970s and 1990s. Please note that historical aerial photography review was limited to available photographs with variable coverage and quality. In 1942 the United States acquired this site for use as a Naval Air Station and Training Facility. The site was developed and known as the U.S. Naval Air Station. Vero Beach. The Navy constructed a complete air training facility at the site consisting of approximately 155 buildings and structures along with other miscellaneous improvements such as runways. taxiways, roads, utility systems. etc_ 1"he site remained active until 1945 when its functions were not longer required or relocated alsevvhero in the U.S.In October of 1947, the Navy disposed of the property to the City of Vero Beach. Florida. Most of thea site is currently o An-v&d by the city and used as an airport and light industrial park. Portions have been sold to a private aircraft company. which maintains an aircraft manufacturing plant and to a 2.2 INFORMATION FROM SITE RECONNAISSANCE AND INTERVIEWS 2.2.1 & 2.2.2 Hazardous Substance Containers and Unidentified Substance Containers No hazardous substance containers were found inside or adjacent to the subject parcel. Maintenance in and around the subject site appeared to be good, with no obvious signs of errant roadside dumping or trash disposal. It is unlikely that any reportable quantities of hazardous substances or toxic materials were stored or used around the subject parcel. 2.2.3 Storage Tanks The subject parcel had three above ground fuel (LP) storage tanks. 2.2.4 Indicators of PCBs Pole mounted electrical transformers were noted in conjunction with overhead power utilities to the northwest of the property. Vero Beach Municipal Power Plant has discontinued the use of PCB -containing transformers and capacitors. Vero Beach Municipal Power Plant is responsible for cleanup in accordance with local, state, and federal regulations. No staining was observed beneath the transformers closest to the subject parcel. ATRUE COPY ATRUE COPY CERTIFICATION ON LAST PAGE CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK J.R. SMITH, CLERK Page 9 2.2.5 Indicators of Solid Waste Disposal There were no indicators of any solid waste disposal on the property. 2.2.6 Physical Setting Analysis A preliminary review of available physical setting source information was performed that consisted of physiographic, subsurface geologic, regional groundwater information, local well field protection, and local wetland maps of the subject area, where applicable and reasonably ascertainable. The regional groundwater flow is to the east and southeast. However, local surface water bodies (ditches, canals, and ponds) in the vicinity of the subject sites could affect local groundwater flow direction in the upper portion of the aquifer. The specific groundwater flow beneath the subject site is normally verified by intrusive field methods. Information provided in the EDR Summary Report indicates that groundwater gradients are generally from the northwest to the southeast. 2.2.7 Other Conditions of Concern No other conditions of concern were identified. 2.2.8 Site Plan A site plan for development or modification of the property was not provided to the Consultant. 2.3 FINDINGS AND CONCLUSIONS The Consultant performed an Environmental Site Assessment Phase I in general conformance with the scope and limitations of ASTM Practice E1527 -05E on the subject property in Vero Beach, Indian River County, Florida. Any limitations, exceptions, or deletions from this practice are described in Section 1.1.3 and 1.1.4 of this report. This assessment found no evidence of Recognized Environmental Conditions (RECs) at the subject parcels: Review of the EDR/FirstSearch database, and FDEP records information revealed 10 listed or observed contamination sites listed sites upgradient and within the critical focus area of % to '/2 -mile from the subject property. Above Ground Fuel Storage Tanks (ASTs) are located north and east of the subject property. All records indicate that these tanks are being properly maintained to remediate past and future releases into the ground and groundwaters. • There was no confirmed evidence of friable asbestos containing materials (ACMs) in the area. ACMs are not presently indicated as Recognized Environmental Concerns (REC) as potential conditions. A TRUE COPY CERTIFICATION ON LAST PAGE 4 TRUE COPY J.R. SMITH, CLERK CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK The limited number of listed or observed contamination sites within, and to the northwest or west in the 1/2 -mile focus radius of the subject property do not appear to warrant any further inspections for potential environmental concerns that would trigger an Environmental Site Assessment Phase II investigation. No further action for the listed sites is recommended at this time. 1-t 1 tE. lk._. Gary E. Exner, CHIMM, CFEA, REPA DATE 10/6/2021 A IRUE COPY CERTIFICATION ON LAST PAGE !.R. SMITH, CLERK APPENDIX I ATRUE COPY CERTIFICATION ON LAST PAGE J,R. SMITH, CLERK A TRUE COPY _RTFICATION ON LAST PAGE R. SMITH, CLERK APPENDIX II TRS STATION 3 PROJECT LOCATION AERIAL 2021 'p` kxSi.m }ttarr C+str, F l w+ .•» • �� M�lOf4tr r�llarw� ainar►M+rnrwlr rarwa M WY - rara4anMasa.srwwruwwww►r►w,ru�r+c�w,w.n ��nw+ wr�enaraawsw►acwrya ar.rnnrn+wri+sw+wsa..rw.n 1rM7►n wrawrrnD►�I Wrl+ir>Iwv4 wnww w r•V-r w.r�rrw..r rV�Mr�nil�.r•►�..YVorr�sri� ,...s. 144 �u�+►. w.w►w rr � aallNrASN r�wa fw wr.� as wr.w.r NAMnrrrl�wrM .rrn+w+r. ...ran a..a.u.w aO��rMfw�lloa wwAwr Mrwr�w .ra.w�+rr oN+w� rlMlrgla ... w���r wp►a wVF rrr D11lIY/Ipw ar ►HrarWir� lwwilMr� >a fir( .I•r w.. r..r+. win• .� w.w.r •� rrra a w w..rrrr w ► r�vr war war. wr.+ wa.r rr✓wia 4aaM h>•{rr • h.rr� rrw.. illUlr wear 4r..i. r•r>r www. y mow_ MrV rMM i•r rsrr rater+ krl��b r•r� Va�arwrr��y. APRAISER'S ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK A TRUE COPY CERTIFICATION ON LAST PAGEA TRUE COPY" J.R. SMITH, CLERK CER, iFICATION ON LAST PAGE J.R. SMITH, CLERK APPENDIX III EDR/FIRSTSEARCH TECHNOLOGIES REPORT (insert Attached pdf copy) NPL Site Narrative for Piper Aircraft Corp./ Vero Beach Water & Sewer Department PIPER AIRCRAFT CORPJVERO BEACH WATER 3 SEWER DEPARTMENT Vero Beach, Florida Conditions st proposal {June 10, IM) The Peer Arcs$ CorpJVwo Beach Ytfatw & Sewer Department Ste covers D acres in Vero beach, kxban Rw County, Florida. Piper assembles and pau+ls tpht aircraft at the souCrm end or the Vero Beach IAunkcpet Airport In 1000. an w1ww m amouna df Ind ioettrylens to*iid from an bndergroww i targe teen and dobt itkon system cortarraintYnp a nearby murxapal well of to Vero Basch Water b Sewn Daparttrertl wth vogCM orpenic compounds (VOCs) The wall, which was ripseqivNhtly shut down, was part of a municipal syslsri aervkp about 33 000 people Sot months later bhe bay developed Iva other wva to, ;:11 a ce i he tioeed ons in Ig8I the State entered rqo a Consent AgmerTierd with Piper requiring @►e rzrrparty to condup a montorsng We" and treaunern program b the spa Piper repaired the teAdrg fforapa bink and In Aprtt 1981 began to pump out the conlarrrtated ground water To data the purrhptrq has yielded aWomT%A*y 2 050 gallon of VOCs, inrtutlmg tricttoroeprylens cm- aria trans-1.2-00torocthyieru, vinyl Chloride. and I 1-tLworoeorrWrie The contanwwted water is sprayed into &* a"r to elitism removal of VOCs and is ttracharged into lois Main Cana( lsadwV to the Indian Rarer Status (February 21, 1990) The coy n confm wV to subrro gkAblarfy rep" on the mo irtoring of the veated of bent be+ng discharged to the IndLan Rrver A=rON to the Flonoa Department of Enwonmenx,W Regulation Pipers gro" water purriptng and treatment program has not achieved cleanup goals The program will be reevatusled 6W ad~sl tea*clial ,nvest"Iron acvvit es vM be uroertaken f or more intormebon about the hazwdo,.n substances oenvfieo r rnn narrative summary. uhduAng genera] mformabon regardrp the effects of axpoawe to these svibManccs on human health please see the Agency for ToxK substances and Disease Regatry tATSOR) ToxFAas ATSOR ToO:AQs can be found on Ills !Memel at ATSDR - ToxFAos (hep 0*" stem cdc goWioudeps jnftx aso) or by teiephone at 1-88842-ATSDR or 1-88"22-8737 Large Quantity Generator Handler: generates 1,000 kg or more of hazardous waste during any calendar month. or generates more than 1 kg of acutely hazardous waste during any calendar month, or generates more than 100 kg of any residue or contaminated soil, waste or other debris resufting from the deanup of a spill, into or on any land or water, of ac,tety hazardous waste during any calendar month; or generates 1 kg or less of acutely hazardous waste during any calendar month, and accumulates more than 1 kg of acutely hazardous waste at any time; or generates 100 kg or less of any residue or contaminated sal, waste or other debris resulting from the cleanup of a spill. into or on any land or water, of acutely hazardous waste during any calendar month, and accumulates more than 100 kg of that material at any time A TRUE COPY C^TiFICATION ON LAST PAGE l.R. SMI T H, CLERK A .' uE COPY QFRTILICAT ION ON LAST PAGE j 0. WITH. CLERK EXECUTIVE SUMMARY FURS: The Lb" Inckx*s locatlons of Fom»rIy Used Defense Styes Properties where the US Army Corps Of Engirmn N actively wo4dng or will take necessary dewx* actions. A review of ft RM Ret, as provided by EDR, end dated OWW21 hes revealed that them is 1 FUDS Nte within epprmdrtrto y 1 "a o1 the target property. Lower Elevation Address Direction I Distance Map ID Page VERO BEACH NAVAL AIR ENE 1/2- t fO.957 rN.) 10 154 ROD: Record of Dedslon. ROD documents mandate a permanent remedy at an NPL (Superfund) alto containing WdmW and health Information to aid Cie deorxrp. A review of Cls ROD Not, me provided by EDR and dated 07rdW=1 has revealed that them is 1 ROD sita MUM approximately 1 mle of the target property. EquaW4 w Elevation Address Dinetion f Distance Map ID Pape PiPl7t AMMPT CORP. POWOR i AYL47YON E to .1(0 -of nL) 0 EPA On FLDOD4054264 OWM CONTAM: A ft" of &dN* or known *rose. The Iatlnp Inside" sites that need cleanup but are not wb* bsfnp working on because the spency curtenCy+ doss riot have kr4tig fprlmerfly petrateurn and dry)- A review of the DWM CONTAM Rat, as provided by EDR, and dated 11113/2020 has revealed that there are 2 DWM CONTAM sites wlfhhi approximeety 0.5 moa of C1e target property. EquWHiptisr Elevation Address Dl»cWn 1 Distort" Map ID Page DWORRrOwN eW LOUR 43RD AY&WE SSE 114. IM IV -426 W.) 7 150 Program take ki ERIC_11024 "M MACK CRY Df tA'✓BSTAIRPORT AREA N 1/4-1,7 (O.44Y Ml.) s 152 Pmgmn aha Id: ERIC_11022 RESP PARTY: Open. h octN* and cloead respor*Wo party ekes A review of" RESP PARTY list, as provided by EDR, and dated 08/2112021 has revealed that there are 2 RESP PARTY ekes wrohin approxdma" 0.5 rrA*s of the target property. EquWHlghor Etevatlon Address Direction / Distance Map ID Page DODOERTOWN GOO COUR 43RD AVENNE SSE 114-112 (0.435 PW.) 7 150 tiro. titalw: CLOSED VE RO WA CK CRY OF W"T AIRPORT AREA N t/4. 1/7 (0. "s mi.) a 152 tilts tits4,w OPEN EDR SUMMARY REPORT A TRUE COPY C r- RT I F I CAT] ON ON LAST PAGE ATRUE COPY J R. SMITH, CLERK CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK a tow to ft hrv+vW-N • Sa.I n.y�rffly rorlpyr. M ayf vnVoh � ►4lvAacYn.a (la. PWb I;�ypy1 Prwwy Wf frw � Dca Oehnv SMI floe, A&—l-atem 94A rY &V"M*W 1'fw�+ , vlmtion ►ys bpacral ►land FAf+Wo Ala& V'r-I 0,7w. 4i"140 DWID@ rklad ftmrd hubww w dww 1nwwv �f Dwt rrpol kckf m ipwampA Hap Lmm 1r1 wo" W* 9voee km tw ft ismovm. 5+7 k NAW Veru eomcn F ee SUOW 3 CU Ertl: AOvareaya L'oreuwfv LLC At)t1gFSS VralbarnNrpan w CONTACT: n Eer Vero Bosch Fl tNpUIRY /' 668011 25 lAULOW, V-649"11na?9W WI E. Sef)>ta"AL2021 8-07 am A TRUE COPY CERTIFICATION ON LAST PAGE A TRUE COPY J.R. SMITH, CLERK CERTIFICATION ON LAST PAGE J,R, SMITH, CLERK Iwtd %Ws% ln( noAkW Di K%tom &as* PAd+4 Zwo bZ♦ � trin � i3 �%'j:s" '�k-•• � �� __•;„;; GIS 1►�rcOpici(iwii�sl�li�rk'NL(iatwyYM��1iYWr�iaiw� li�r�wr��lrswwr�+.hwd�r.�wll�•+�'�Mta�m�tfc�YiYMt�o iMd,0r1#�w�OMA�Iw40rMbw(MMntlA►+MM/iM�i(+'�++t�r�IMA r�d�-ywrwawsrn#�.�m can cm tow va Pone ` ww�nraaairdw>tow � yr+wy► � ara��awae �p +Mon(# (n:wrw,p � 7acwe AMsarrrrnA�xaoauocn meads 77>u2 uup!ret 4Iu2wJ �— CONNOEaw �RNu+ouNc + I talbdr)7AWSJAV AMe J 412n" R , WADK40Viie M703 2ow4mwdt ""a&"( n mown laetoek 77.mo uNpwft 40 Qw ' mow ENVIROFACTS DATA SEARCH A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH; CLERK FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION owner rmumicaEton ui Lnscvvery yr runUuon us❑ 1 PmoO lv Or7— N.M8 bw of afteyery of PaWd— I TMs` n s4s for rkiM sae rei�aDYaom na 44^9 oord�elyd w/ea P�+� ova dincenaM at properties H tle eicilly. Tuts 4 not s awpie4 isi d ti aorloTeoNa sM w As ratrq, CLEANUP PROGRAM AREA COtMTY 0 PROGRAM S SfTE KWE SITE ADDRESS CITY ZIP PUBILIC NOTi1fAT10 N DINE wrdl kdrn F— 988211 I MURPHY OL 5788 1990 US HWY 1 SEBASTIAN mw 529mic arp vidM)BEACH htdrn Rover 31 S(VERO INSIOTH 1 >oeawV (Stu tnde0 InOrar Rarer 31950I1663 tt0 wOTE CLEANERS (VERO 1 t45 20TH PEACE BEACH 4n _ etrdesen krd— Rrrer 8509311 ACIOLSON OIL CO 1730 16TH ST VERO BEACH 329M 0Y10/2006 etoteren bw—Riser gloom IBETHEL SERVICE STATION 637585TH ST VEROBEACH 31987 0311Y.Ott .Wr6 n Yw—Riser 9100005 BETHa SERVICESTATION 6375 9M ST VERO BEACH 32W0 I IIJ04f2DDS wde bxkm Riser 9191744 BROWS SERVICE STATION 3= 45TH S 1D etrdeue Ww Rover 8044416 C&IT A INC 4 1! 1 Pe4tde— aYemarw.O lStae wrdedW-V (SIM mace Min Rover __ Min Ntier kw.n Riser 16 3/9000707 itee Wf _ &VAGE COAST AUTO SALVAGENC COMET CLEANERS dbgtfRs — _— 1 tMO2M ST 1859 20TH STREET OBEACH VERO BEACH 7 31960 9/2006 W15120t0 owtoOm Pe>d— kdae Riser 8520248 CUY 59 26119TH ST SW VER 11 Patrdwrrn Iyer F N32902 P_ eednet etrderrn kdrn Riser ___ _ krd.ar Rayer 8509110 ______.. &'99278 DUNOCO 1 __.__ __. _ _ EXXON SIFFORDS 1800 OLD DIXIE HW Y 1560 US NWY 7 0 BEACH 0 BEACH 31969 32960 mm =SMI I Pwder kdra mer F S 1 RWY1 1 1 Udws A— COY 280578 1 R C CA DIP VA 9380 ST VERO BEACH 71963-57020— 2 W.6- e .6— rarer NAL 1.1 7 5 :;w e9ekrwr Mite Rayer 85 EW NA 13 1 SWe+km INPI - - rbroemenl� . jNPE - rdoraerrrent Mae Riser Wrdrn Rover DWOODW6 _ s PPERNERO BEAW PPERNERO BEACH PPER DR 8 AVIATION BLVD PIPER DR AAVIATION BLVD- 0 BEACH VERO BEACH 329M I 11 rtd2011 osoovi 08 W.I.— Mae R-rer 873%42 17 G ROGERS 5445 18TH ST VERO 12011 Pe9dnm kdrar mer8 2 T O R ERs 544 1 O BEACH 7 Petroleum Wtdiar over 8510290 OWN 1800 14TH AVE V1340 BEACH171 11 P Wdae A— 8520280 TEXA MOWN IMO 14THA 8EA 1 kdsal Iyer 0 2 V HI .LANDS MOBIL 5 US t O CH 3M62 1 112008 etrokun Mao over 3297D IADam A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK CITY OF VERO BEACH- WELLFIELDS A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK p�qN �pl/M Der 7M N r pMO• 1` .r sr.. pTYOf VlRO ..» y. �6AC1i wt?t iJ+ELos • Mo.,,,, l 1 Nem 1 mvzm '��Ir �e Ma+•�+.Mrwnw. F%p" 2 Modal domain anti sell looatlo++s, Weis with the 'VB' am bcatad in fw of Vela Beach weV� RH other weft am pad of Me kx*an Rhver County wo tfJeid A TRUE COPY ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK APPENDIX IV SITE PHOTOGRAPHS Of GENERATOR AND LP AST FUEL TANK TWIN LP ASTs ON SUBJEC I SITE VERO BEACH PUBLIC WORKS ENGINEERING FACILITY ASTs A TRUE COPY �RTIFIC I ION ON LAST PAGE J.R. SMITH, CLERK ATRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK PARIS AVIATION ASTS 2,000 GALLON AST AT N.E. CORNER OF 3455 BUILDING W- �' -m- - TWIN ASTs AT 3630 SKYBORNE AIRLINE ACADEMY A TRUE COPY CERTIFICATION ON LAST PAGE ATRUE COPY J.R. SMITH, CLERK CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK ATRUE COPY CERTIFICATION ON LAST PAGE ATRUE COPY J,R< SMITH, CLERK CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK NRCS SOIL SURVEY MAP Map Unit Legend v._tly�rrlye.l�I.... ] Wpuerw.. NIXiMIM iMl. Nt�O we..e,wd r....MofAct 3.3 W.4% i e Olowmf err "m 22 3o.e% elMwrwO _ _ SA1 160.0% FFAU ik+cA zw" b klow Fovw C""' Fw1 ft <F cam......._ ,...�..........��.... .._ .. war...« r• .w..rw. FIRM FLOOD PRONE RATE MAP National Wetlands Invento A TRUE COPY CERTIFICATION ON LAST PAGE A TRUE COPY J.R. SMITH, CLERK CERTIFICATION ON LAST PACE A, SMITH, CLERK APPENDIX VI Fire Rescue Station #3 USGS +„AML X, 00ADO & 2021 Wound. L Frowma N Emown wwum Lam 8 Eshrm."M.m.D"p..W . FrWmoW Foes1.079Nub W.1.nd n O!w L Eeh1wr"n""O W"" r Fr*&1%v +Pond E Rwm USGS QUAD MAP FOR VERO BEACH REGION nraw�rer n,rssws+o.q wv! rr«w�. sv�o.r+ros w n.er.ga. osis esu r�drr•.ef.w.b M rrel �..M »as rr.,.erW avrww �. wrM.sa•.M r la1 ��r AIRPnRT FI nPInA 4TRUECOPY ,:RTIrICATION ON LAST PAGE J.IITH, CLERK APPENDIX VII 1951 AERIAL. A TRUE COPY CERTIFICATION ON LAST PAGE J.R, SMITH, CLERK A TRUE COPY CERTIFICATION ON LAST PAGE A TRUE COPY J.R. SMITH, CLERK CERT,FICATION ON LAST PAGE J.R. SMITH, CLERK 1931 AERIAL. �Ar .:, Owe yr rLUNIUA, ONLAAN RIVER COUNTY THIS IS TO CERTIFY THAT THIS 18 A TRUE AND CORRECT COPY OF THE Of�INAL ON FILE IN THIS OFFI . 1 BY D.C. DATE ��¢Z APPENDIX Vill RESUMES Advantage Consulting, LLC Miersc, tuuoia(he, Nesponsire, IilTcclise 910 Lake Lcuelle Urine (:114AWY a. Florida :32766 ARY E. EXNER, CHMM, CFEA, REPA incipal Consultant f 71;Tt< OF FLORIDA INCIAN RIVER COUtiTy Mr. Exner is a Principal Consultant of Advantage Consulting, LLC, a full service ecologica :onsulting firm with extensive experience in conducting environmental investigations an( ;nvironmental engineering studies required for a variety of roadway projects throughout centra ind south Florida. Mr. Exner's expertise has developed over the past 30 years through the nanagement of major projects including: Environmental Impact Statements, Transportatior �D&E Studies; Developments of Regional Impact (DRIs); Habitat Conservation Plans for private and public projects. His work also included studies for: public parks; multi -use trails, blueways and greenways; and numerous roadway projects throughout the state. As part of providing hese services, he was one of the first consultants to be certified by the U.S. Army Corps o1 :ngineers as a Certified Wetlands Delineator. He also hold certifications and training expertise or air quality studies, traffic noise studies, water quality impact evaluations, and wetland evaluations and permitting as required by the Florida Department of Transportation. Mr. Exner as worked extensively with Seminole County on a wide range of projects. These projects have icluded: Environmental Site Assessments and Hazardous Materials Studies. Gary Exner also erved as the lead scientist for the John Young Parkway Extension (EIS) Environmental Impac statement for the FDOT, the Draft of which was completed in a record-breaking 8 months time le was also the lead scientist for the US Highway 1 EIS which covered a 38 mile long corrido 'om Cove Road in Stuart to 17u' Street in Vero Beach, Florida. His experience and efficiency i andling a wide range of environmental tasks has proven to be an asset to many teams through lorida. DUCATION • M.A., University of Phoenix, 2000 • B.S., University of South Florida, 1973 ROFESSIONAL EXPERIENCE • Principal Consultant — Advantage Consulting, LLC • Executive Vice President/Chief Financial Officer — EMS Scientists, Engineers Planners, Inc. • Project Manager/Environmental Scientist — Jammal & Associates, Inc. • Environmental Scientist — Gee & Jenson Engineers, Architects, Planners, Inc. • Environmental Specialist IV — Florida Department of Environmental Regulation • Environmental Director — City of St. Petersburg, Environmental Affairs Dept. ROFESSIONAL REFERENCES • Mr. Jerry Matthews, Seminole County Engrg. Div. 530 W. Lake Mary Blvd., Ste. 200, Sanford, FL 32773 (407)665-5646 • Mr. Don Donaldson, P.E. Martin County Engineer, 2401 S. E. Monterey Rd. Stuart, FL 34996 (772)288-5927 i 'HAr _HiS IS ! T COPY OF i .E IN THIS I i K