Agenda 06/13/2017 Item #16B106/13/2017
EXECUTIVE SUMMARY
Recommendation to approve Amendment 1 between the Community Redevelopment Agency Board
and T.T. of Naples Inc. for property located at 1991 Tamiami Trail East for vehicle storage.
OBJECTIVE: To approve amendment 1 to the lease at 1991 Tamiami Trail East.
CONSIDERATIONS: The Board of County Commissioners acting as the CRA Board approved a Short
Term Lease between the CRA Board and T.T. of Naples, Inc. on CRA owned property located at 1991
Tamiami Trail East. The item, 16.B.1 was approved at the March 14, 2017 Board meeting.
The Lessee’s attorney contacted staff just prior to the March 14, 2017 Board meeting with concerns that
the CRA would claim a security interest in Lessee’s vehicles stored on the property in the event of a
default. Rather than pulling the item from the Board meeting, staff, the Lessee and the Lessee’s attorney
decided to process the original lease so the lease could be executed and the Lessee could move the
vehicles on site. It was agreed that once the lease was in place all parties would move forward with
Amendment 1.
Article 8 is amended to add the following information:
“LESSOR acknowledges that it shall not have and hereby expressly waives all security interest or lien
rights, if any, whether statutory or otherwise, in motor vehicles or other personal property of LESSEE
and/or its employees.”
T.T. of Naples, Inc. currently operates a high-end vehicle dealership at 900 9th Street North in the City of
Naples and is in need of overflow vehicle storage space while their new facility is under construction. The
new location will be at 3147 Davis Boulevard (within the Bayshore CRA district).
FISCAL IMPACT: This amendment will have no fiscal impact.
LEGAL CONSIDERATIONS: The Lessee’s attorney was concerned that the CRA would claim a
security interest in Lessee’s vehicles that are being stored on the property in the event of a default. A
security interest is a type of property interest that secures the performance of an obligation such as the
obligation to pay rent. Absent the additional clause waiving the security interest, it is very unlikely that in
the event of a default that the County Attorney’s Office would recommend that the CRA pursue
ownership of the Lessee’s vehicles and therefore has no issue with the additional language. As such, this
item is approved for form and legality and requires a majority vote for Board action. -JAB
GROWTH MANAGEMENT IMPACT: Amendment 1 will not affect the goals, objectives and
policies of the Growth Management Plan - Bayshore Gateway Triangle Redevelopment Overlay.
RECOMMENDATION: To execute Amendment 1 between the CRA Board and T.T of Naples Inc. on
property located at 1991 Tamiami Trail East for vehicle storage.
Prepared By: Elly Soto McKuen, Interim CRA Operation Manager, Bayshore Gateway Triangle
Community Redevelopment Agency
ATTACHMENT(S)
1. LEASE ADDENDUM 050917 with Lessee Signature (PDF)
16.B.1
Packet Pg. 673
06/13/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Doc ID: 3183
Item Summary: Recommendation to approve Amendment 1 between the Community
Redevelopment Agency Board and T.T. of Naples Inc. for property located at 1991 Tamiami Trail East
for vehicle storage.
Meeting Date: 06/13/2017
Prepared by:
Title: Project Manager, CRA – Capital Project Planning, Impact Fees, and Program Management
Name: Elly McKuen
05/09/2017 3:06 PM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
05/09/2017 3:06 PM
Approved By:
Review:
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/09/2017 4:56 PM
County Manager's Office Tim Durham Additional Reviewer Completed 05/25/2017 9:22 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/25/2017 10:45 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/25/2017 11:32 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/30/2017 11:23 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 06/04/2017 11:17 AM
Board of County Commissioners MaryJo Brock Meeting Pending 06/13/2017 9:00 AM
16.B.1
Packet Pg. 674
16.B.1.a
Packet Pg. 675 Attachment: LEASE ADDENDUM 050917 with Lessee Signature (3183 : Amendment 1 to Lease for Vehicle Storage with TT of Naples)
16.B.1.a
Packet Pg. 676 Attachment: LEASE ADDENDUM 050917 with Lessee Signature (3183 : Amendment 1 to Lease for Vehicle Storage with TT of Naples)
16.B.1.a
Packet Pg. 677 Attachment: LEASE ADDENDUM 050917 with Lessee Signature (3183 : Amendment 1 to Lease for Vehicle Storage with TT of Naples)
16.B.1.a
Packet Pg. 678 Attachment: LEASE ADDENDUM 050917 with Lessee Signature (3183 : Amendment 1 to Lease for Vehicle Storage with TT of Naples)
16.B.1.a
Packet Pg. 679 Attachment: LEASE ADDENDUM 050917 with Lessee Signature (3183 : Amendment 1 to Lease for Vehicle Storage with TT of Naples)
16.B.1.a
Packet Pg. 680 Attachment: LEASE ADDENDUM 050917 with Lessee Signature (3183 : Amendment 1 to Lease for Vehicle Storage with TT of Naples)
16.B.1.a
Packet Pg. 681 Attachment: LEASE ADDENDUM 050917 with Lessee Signature (3183 : Amendment 1 to Lease for Vehicle Storage with TT of Naples)
16.B.1.a
Packet Pg. 682 Attachment: LEASE ADDENDUM 050917 with Lessee Signature (3183 : Amendment 1 to Lease for Vehicle Storage with TT of Naples)
16.B.1.a
Packet Pg. 683 Attachment: LEASE ADDENDUM 050917 with Lessee Signature (3183 : Amendment 1 to Lease for Vehicle Storage with TT of Naples)