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Backup Documents 04/26/2016 Item #16E 4
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIPi6 E )! 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO `t THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE • Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routine order) .Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office CCA. 1-01/I l0 4. BCC Office Board of County .\4> • Commissioners A Z AP 5. Minutes and Records Clerk of Court's Office ,�,. , ry,\A) it 3S PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary StaffPhone Number 7 3 Contact/ Department - /e fi `—t" NJ o W , 4 k'' Agenda Date Item wasAgenda Item Number Lt J Approved by the BCC '2, ce -- /6 1 6, G Type of Document Number of Original Attached r'e C.0 �"T G b , Documents Attached PO number or account "--c) c:ko� number if document is `w / to be recorded • Y )/C • - INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable), 1. Does the document require the chairman's original signature? !.1/a 2. Does the document need to be sent to another agency for additional signatures? If yes, /-4/7k provide the Contact Infos nation(Name;Agency; Address;Phone)on an attached sheet. 3. Original document has been signed/initialed-for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. De 4. All handwritten strike-through and revisions have been initialed by the County Attorney's rf/R Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairtrian's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. • . 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases (some contracts are an exception),the original document and this routing slip /f _ should be provided to the County Attorney Office at the time the item is input into SIRE. nl` / Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. B aware of your deadlines! 8. The document was approved by the BCC on'If (enter date) and all changes made7.,0204-6;,0' during the meeting have been incorporated in the attached document. The County sr�t.?;,s ,��r Attorney's Office has reviewed the changes, if applicable. gir iTaf'-�.. 9. Initials of attorney verifying that the attached document is the version approved by the , 344 IltIV• BCC, all changes directed by the BCC have been made, and the document is ready for the ate} a s� r Chairman's signature,. is ` 2'' I I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11!30/l2 16E 4 1/4,,‘A./A • A`"' • Memorandum -(), To: Minutes and Records From: Michael Dowling Senior Property Management Specialist Real Property Management Date: April 27, 2016 Subject: Second Amendment to Lease — Drop Anchor Mobile Homeowners Association BCC Date: April 26, 2016 Item: 16 E 4 Hello All! Kindly provide me with an electronic copy of the Amendment so that I can forward to the tenant. Please contact me at extension 8743 with any questions. Thank you. O „� Attachment as stated Lease#751 SECOND AMENDMENT 1 6 E 4 TO LEASE DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATIONS, INC. TRIS SECOND AMENDMENT TO LEASE ("Amendment"), entered into this , Q day of , 2016, by and between DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation, whose mailing address is 414 Papaya Street, Goodland, Florida 34140, hereinafter referred to as "LESSEE," and Collier County, a political subdivision of the State of Florida, whose mailing address is c/o Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as"LESSOR." WITNES SETH WHEREAS, the LESSEE and LESSOR previously entered into a Lease Agreement dated April 30, 1991 and a First Amendment to Lease dated April 25, 2006, extending the term of the lease for ten years, attached hereto as Exhibit"A" and collectively referred to as the 'Lease'; and WHEREAS,the Lease is set to expire on April 30, 2016; and WHEREAS,the LESSEE and LESSOR desire to extend the Lease for an additional ten years. NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and Ten Dollars($10.00)and other valuable consideration, the Lease is hereby further amended as follows: 1. Article 2 of the Lease Agreement, as amended, is hereby amended as follows: "ARTICLE 2. Term of Lease. Effective April 30, 2016 May 1, 2006,this Lease is extended ten (10)years — to April 29, 2026 30, 2016. Notwithstanding anything in this Lease, either party may terminate this Lease without cause by providing the other party with not less than sixty (60) days advance written notice of the terminating party's intent to terminate delivered to the then existing correct mailing address of the non-termination party. 2. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and year first above written. AS TO THE LESSEE: DROP ANCHOR MOBILE HOMEOWNERS DATED:341 ASSOCIAT ON, INC., a Florida not for profit corporation r ldZ .a.Atup BY: �,� �/ z itness(signature) ) �D E,V V L L /e/L L- Lincia /� a miler(a i h Print name (prin ame) /2/re- 1054/7- DAA w4 OA Print title W.'ness(signat e) 4r _� ( rfiyi/ (pri t name) • /4, � Y 16E 4 AS TO THE LESSOR: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY DATED: `7 ATTEST: DWIGHT E. BROCK,Clerk BY: Donna iala, Chairman BY: Deputy Clerk Attest as to Chairman's signature only. \ Approved as to for and legality:• •mily R. 'epi Assistant ounty Attorney, Collier County 2 ��../ f 16E4 EvL„, „,....„___ , ,47• LEASE AGREEMENT • III_LEASE AGREEMENT is entered into this 3 d day of ® o St 1 , between COLLIER COUNTY, a political subdivision the ate of Florida, hereinafter referred as "LESSOR" and Drop Anchor Mobile Homeowners Association, Inc. , a Florida Corporation, hereinafter referred to as "LESSEE", sets forth the terms and conditions for utilization of real property located within the right of way of Papaya Street, Goodland, Florida. WITNESSETR ARTICLE 1. Demised Premises In consideration of the payment of rents and the performance of the covenants hereinafter set forth, LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR property located within the right of way of Papaya Street, Goodland, Florida, and which is more particularly depicted on the attached Exhibit "A", hereinafter called the "Demised Premises", for the sole purpose of allowing existing mobile homes (Appurtenances) to remain within the Demised Premises. ARTICLE 2. Term of Lease To have and to hold for a term of five (5) year(s) , commencing on May 1, 1991, and terminating on April 30, 1996. LESSEE is I granted the option, provided it is not in default of any of the terms of this Lease to renew same for two (2) additional terms of five (5) year(s) , under the terms and conditions as provided for herein. LESSOR may terminate this Lease upon ninety (90) days prior written notice to the LESSEE. Said notice shall be sent to the j` • . i LESSEE'S address, as set forth in this Lease, and shall commence upon the placement of notice in the U.S. Mail, registered or certified mail, postage prepaid. 1 ARTICLE 3. Minimum Rent ) • LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum, all of which shall be due and payable in advance on the d date set forth in Article 2. i V ARTICLE 4. Lessee's Default in Payment i In the event LESSEE fails to pay the rentals, fees or charges as required to be paid under the provisions of this Lease, failure to pay shall constitute a default and LESSOR may, at its option, terminate this Lease after sixty (60) days written notice to LESSEE, 1 unless the default be cured within the notice period. 3 ARTICLE 5. Modifications to Demised Premises IPrior to making any changes, alterations, additions or ! improvements to those existing Appurtenances as shown on the attached Exhibit "B", which are within the Demised Premises, LESSEE i will provide to LESSOR all proposals and plans for alterations, j improvements, changes or additions to the Demised Premises for P LESSOR'S Written approval, specifying in writing the nature and 1 extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence 41/1 '' ' ' shall be deemed as a denial to such request of LESSEE. If upon obtaining written consent and commencing said changes, alterations, additions, or improvements, LESSEE fails to complete its work within the completion time as approved by LESSOR, LESSOR may at its election complete said changes, improvements, alterations, or • additions. If any costs are incurred by LESSOR as the result of LESSEE'S failure to begin, start or complete the proposed project 16E 4 1 and by LESSOR'S completion of the proposed project, then upon demand and within thirty (30) days of the demand, LESSEE shall pay to LESSOR the amount of cost incurred by LESSOR. No election to perform by LESSOR shall constitute waiver of any covenant or obligation of LESSEE or any future default. • LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall be made in accordance with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR and shall remain for the benefit of LESSOR at the end of the terms or other expiration or termination of this Lease in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within thirty • (30) days thereafter LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations • which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may effect said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose other than its present use. ARTICLE 6. Access to Demimed Premises LESSOR, its duly authorized agents, representatives and • employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of maintaining Papaya Street • and for the purposes of inspection for compliance with the provisions of this Lease. ARTICLE 7. Jlssianment and Subletting • LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 8. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within five (5) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies) , approved by the Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars and No/Cents ($500,000.00) combined single limits during the term of this Lease. In addition LESSEE shall maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal 16E 4 laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. Such insurance policy(ies) shall list Collier County as an • additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Building "F", Naples, Florida, 33962, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. ARTICLE 10. Indemnity LESSEE, in consideration of One Dollar ($1.00) , the receipt and sufficiency of which is accepted through the signing of this Lease, agrees to hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida and their agents and employees, from any claims, assertions, or cause of action for any loss, injury, or damage to persons or property arising from or associated with LESSEE'S activities or use of the Demised Premises. LESSEE further agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any costs, expenses or fees arising from any claims or cause of action for loss, injury or damage to persons or property arising from or associated with LESSEE'S activities or use of the Demised Premises. LESSEE hereby acknowledges that the consideration called for in this Lease has been reduced by One Dollar ($1.00) and is hereby considered by LESSEE as payment of this obligation by the LESSOR. ARTICLE 11. Utilities LESSEE shall be responsible for the direct payment to the appropriate company for all utilities and services supplied to the Demised Premises. • ARTICLE 12. Defaults by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and except as provided for in Article 4 above, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default) . ARTICLE 13. Default )y Lessor LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners Drop Anchor Mobile Homeowners Assoc. Real Property Mgmt. Dept. c/o Howard Urban, President 3301 Tamiami Trail East Box 252 Naples, Florida 33962 Goodland, Florida 33933 • ARTICLE 1E. Surrender of PremiseE LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises and any improvements to the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, in as good condition and repair as the same shall be • _ CA 16E4 at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control . excepted. ARTICLE 16. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above, referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. $nvironmental Concerns • LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the • application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been founded in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 19. Effective Date This Lease Agreement shall become effective upon the date set forth in Article 2. • 16E4 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. • AS TO THE LESSOR: DATED: � / 3DB /f�/ ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES;C:,'GILES, Clerk COLLIER COUNTY, FLORIDA • �/ r. e • BY:PIlU(At.C:bw fluta.4404 PATRICIA ANNE G00DNI r Chairperson i• • AS TO LESSEE: LESSEE: DATED: /a/p� DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION, INC. , a Florida Corporation `E 4.- 7‘tM#14 BY: (Lit,HO ARD URB President • • N Wr • . (CORPORATE SEAL) S • Approved as to farm and legal sufficiency: C4. 0gt:= 44114 P. ronin Assistant County Attorney 4111 r 16 € . 4 • • EXHIBIT "A" • lL ►SC}i1PTI0Y %r A tract of land locatedr " '� A t westerly of the East ta}�•vallanQ' Collier County, Florida adjacent to • extended,, said tract being situated line of Papaya Street as and widened Talextende Meridian, Collier County, Government Lot 1L, Sec. 18, described as follows; • Y, Florida being more particularly Commencing at a point, a brass cad in a concrete nonuaent • the Northeast corner of Lot 7, 0lq 1, Coodl proceed S 49'Wand Heights Subdivision, is 3° a distance Chemo S79°49'E a distance of 40.25!. .25 Tt, to a 6alrai+ised iron Pipe; thence S7 iron i ft. to a concrete monument with a of rights-of-ways F pe which Sa the Southeasterly corner of the 3�� ofe 83°49'E of Faraya Street and a street known as hayshorreeCourt; alongc the are of a distance of 235.10 ft. to the POINT OF bE:, r of a curve to the right vitt, are �'f , thane r. ofo12°50'19 aaofisteoce a eurreofo44•R2 rt. to a 'sift ev rse ft. Point of reverse curvature;atura,a delta of12°50,19" a distance of 44.32 ft.;eft wthence ith a radius of 200.0 ft and a 97.40,ft. 1?.thence ft.; Lhancea\Mance of 102.25 ft.; thence S85°x031 jaxtara►ae of 9'L CG ft.; t; 12X8.35 t thence N18 distance of 103,30 ft., L9'Eaa sof t of 98.35 said hencet containing a distance of 90.25tft.�cto�`he9�E a distance .. an area of 0.063 Acres more or point of less. • • • ..:, .. ,:: ...... .., .. • ess. CA .--.-.!.".iii;.:11...‘,.......,...\*: 16 E . 4 „,.......::.....„::..„.......... ,...„ ..PD. i:..Per:$r ,'. • ; ,7 i.', •••••••0-Atr•7,,:',*,:rraq ° ::.i'°'.'-e•-•' .. . % ..7... ' COLL.•CM iR. 4ik .: • . ..:.' --i:•••••••••k4:110'4.::•,-.. :-.t.A.? .• . ' -,• .....,: • '• .A.:L-, '..r.. •••1, rziowi,,• .s: . .,.,..,.... ,::.,;, •. . • *.. :.7 •1:st...t44' °. , i • 4, .. • • . • . •••• . •. • • 4-, , • . ..• .....4. 4.9.-4, i.,.....,,• i.•. •••••.• • ....., •. . •: .:.::..... 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I • t.• t %.,. •.' 144 . ..........., r........ . .. .. • :i • A --- • o o• r) :I , 1 .• 'I" 1 .•.t. ''i...,;.' I . ,. •,•• -9 4 i . .: •• .g:i I • ... •! :1 '. .f,“:.•:. 1 • , -.. , . . ,... or 4 na i'41 ..2 i:-. . • r 1 : . ..•..1.. A n t- • : .. . I • ' . • . 1 • ..v. r • g.Ilk . I 0 ' 4, • .N......„........741.• ;:t •4 0.r.. I "r° • __....-•-,7-\1 -....-----.-... - f :4 •, . . f" P ' Lo==r,-- ii•—"7--- a...s• MEM 16E4 Lease 751 • FIRST AMENDMENT TO LEASE DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION,INC. THIS FIRST AMENDMENT TO LEASE is entered into this,Z S day of L"`- ,2006, at Naples, Collier County, Florida, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tarniami Trail, Naples, Florida 34112, "LESSOR" and Drop Anchor Mobile Homeowners Association, Inc., a Florida Corporation, whose mailing address is 414 Papaya Street, P.O. Box 308,Goodland,Florida 34140,"LESSEE." WITNESSETH WHEREAS,LESSEE and LESSOR entered into the subject Lease Agreement,dated April 30, 1991;and WHEREAS,LESSEE and LESSOR desire to amend that Lease by extending the lease term for an additional ten (10)years and to authorize either party to terminate the Lease without cause,as specified in revised Article 2. NOW,THEREFORE,the original Lease is hereby amended only as follows: 1. This Article 2 of the Lease Agreement replaces and supersedes Article 2 in the original Lease. "ARTICLE 2. Term of Lease. Effective May 1,2006,this Lease is extended ten(10)years-to April 30, 2016. Notwithstanding anything in this Lease, either party may terminate this Lease without cause by providing the other party with not less than sixty (60) days advance written notice of the terminating party's intent to terminate delivered to the then existing correct mailing address of the non-termination party." 2. Except as expressly provided herein,the original Lease remains in full force. LESSEE: • AS TO THE LESSEE: DROP ANCHOR MOBILE a MEOWNERS ASSOCIATI$N,% C. • -- BY: 1! �� �a•�� i'..�/ I �s . itness(signature) M q +e i= RA` t+sr First Witness(print name) Second Witness(signature) Second Witness(print name) LESSOR: AS TO TH,E LESSOR: BOARD OF COUNTY COMMISSIONERS, DATED: 6Lo- `-2 J % COLLIER COUNTY ATT ©o- DVy1'GIftE. :".6,pc,Clerk BY: FRANK HALAS,Chairman , Deputy Clerk Attest as to Cha roan s ` 419naturt on1 • •'S%Y ....;.:A Approved.as to form an a a1 ufficiency: Thomas C.Palitr,Assistant ounty Attorney • :i