Backup Documents 06/13/2017 Item #16B1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP p
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO (�
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 routing order) Office Initials Date
1.
2. County Attorney Office County Attorney Office baa`\
3. BCC Office Board of County rVP
Commissioners 31416/ ti "a3'n-
4. Minutes and Records Clerk of Court's Office 17m k3/1q 3'agim
5. Shirley Garcia Bayshore CRA
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 Staff Shirley Garcia Phone Number (239)643-1115
Contact/ Department
Agenda Date Item was June 13,2017 / Agenda Item Number 16.B.1
Approved by the BCC
Type of Document Amendment 1 to TT of Naples lease Number of Original 1
Attached agreement with Bayshore CRA Documents Attached
PO number or account ��
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? �`'�'�Pr t� SMG
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SMaf6—
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SMG
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 SMG
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SM€
should be provided to the County Attorney Office at the time the item is input into Accela.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 06/13/2017 and all changes made during SMG
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Friday, June 23, 2017 3:41 PM
To: Garcia, Shirley
Subject: Item #16B1 (6-13-17 BCC Meeting)
Attachments: 6-13-2017 Item #16B1.pdf
Have a vtice weekevtd Shirley
Avtvt Jevutejohvt, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier Couvtty Hoard Mivtutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
1 6 B1
FIRST AMENDMENT TO SHORT TERM AT WILL LEASE AGREEMENT FOR
VEHICLE STORAGE
THIS FIRST AMENDMENT TO THE SHORT TERM AT WILL LEASE AGREEMENT
FOR VEHICLE STORAGE entered into this !. ff day of P,.w e_ ,2017, between Ti'of
Naples, Inc., a Florida for profit corporation, whose mailing add ess is 7\900 Tamiami Trail
North, Naples, Florida 34102, hereinafter referred to as "LESSEE", and Collier County
Community Redevelopment Agency, also known as the CRA, a political subdivision of the State
of Florida, whose mailing address is in care of Real Property Management, 3335 East Tamiami
Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSOR", collectively stated
as the"Parties".
RECITALS
WHEREAS, on March 14. 2017, the Parties entered into a Short Term At Will Lease
Agreement for Vehicle Storage at 1991 Tamiami Trail East, Naples, Florida 34112 (hereinafter
referred to as the"Lease"), incorporated herein as Exhibit"A"; and
WHEREAS, the Parties desire to amend the Lease to incorporate additional language that
expressly waives all security interest or lien rights the LESSOR may have in motor vehicles or other
personal property of LESSEE and/or its employees.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
I. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. Article 8 is amended as follows:
Article 8. Indemnity
LESSEE, in consideration of Ten Dollars(S 10.00),the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees
from and against any and all liability (statutory or otherwise), damages, claims, suits, demands,
judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and
disbursements both at trial and appellate levels)arising,directly or indirectly, from any injury to,
or death of, any person or persons or damage to property(including loss of use thereof)related to
(A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any
conditions created (other than by LESSOR, its employees,agents or contractors)by or on behalf
of LESSEE in or about the Demised Premises,(C)any conditions of the Demised Premises due to
or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this
117-CRA-00378/1334959/11 Ci',
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Lease, or(D) any act, omission or negligence of LESSEE or its agents, contractors, employees,
subtenants, licensee or invitees. In case any action or proceeding is brought against LESSOR by
reasons of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and
liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so
request,at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR.
The LESSOR shall not be liable for any injury or damage to person or property caused by the
elements or by other persons in the Demised Premises,or from the street or sub-surface, or from
any other place, or for any interference caused by operations by or for a governmental authority
in construction of any public or quasi-public works. Police and law enforcement security
protection provided by law enforcement agencies to the Property are limited to those provided to
any other business or agency situated in Collier County, and LESSEE acknowledges that any
special security measures deemed necessary for additional protection of the Demised Premises
and of LESSEE'S operation shall be the sole responsibility and cost of LESSEE and shall involve
no cost or expense to LESSOR.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft,
any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to
hold the LESSOR harmless from any claims for damages, except where such damage or injury is
the result of the gross negligence or willful misconduct of the LESSOR or its employees.
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.
3. Excepting the aforementioned modifications set forth herein, all terms and conditions of
the Lease remain in full force and effect. This First Amendment merges any prior written
and oral understanding and agreements, if any, between the Parties with respect to the
matters set forth herein.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to the
Short Term At Will Lease Agreement for Vehicle Storage on the date and year first
above written.
Signatures follow on next page
f17-CRA-00378/1334959/1l
1681
LESSEE:
TT of Naples,Inc.
WITNESSE :
By:
Print ame: CirtIts I 1-...Q ,ti Jas.. 'cid ;'General Manager
Print Name: La ' ic'`' -..LTi
BOARD;
Attest:
DWIGHT E.BROCK,Clerk COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
e,
By: 'CULL ;L ' 0,C • By: 44/40
'i,----, ' D`,.' ►TY CLERK Donna Fiala ,CHAIRMAN
Attest as to Chat' alfs.
signatur6-only;' , .,��
Appr6v0 as.for for
and legality'
a
Jennifer A. Belpedio
Assistant County Attorne \�
b<
Item# \(C) B 1,.
Agenda-6-\\
Date -----
Date *c)a,) fl
Recd -
Deputy Cler 0 N
_..J caL'
[17-CRA.00378/1334959/1)
EXHIBIT
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page, ,OS
Lease 1i
SHORT TERM AT WILL LEASE AGREEMENT
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(AL. I�t.LtTtA,l.
TE1lS SHORT' TERM AT W ��_EASE AGREEMENT ' asc') entered into this 1y_ day of
, 017 ' of Naples Inc., lorida for profit corporation, whose
mailing address is spies, Florida 34 L 2,hereinafter referred to as"LESSEE,"
and COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, also known as the CRA, a
political subdivision of the State of Florida, whose mailing address is in care of Real Property
Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as
"I,ESSOR."
WITNESSETH
WHEREAS,the property that is the subject of this Lease is presently tinder contract to be sold to a
developer to construct a mixed use land development project that will benefit the citizens of the Bayshore
Gateway Triangle Community Redevelopment Area as well as the community of Collier County;
• WHEREAS, it serves a valid public purpose for the property to be used without modification to
generate revenue while the contract is pending;
WHEREAS, this Lease was publically noticed in accordance with Section 163.380, Florida
1 Statutes on February 10,2617;
In consideration of the mutual covenants contained herein, and other valuable
consideration,the parties agree as follows:
ARTICLE 1. Demised Premises and Use
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located •
at 1991 Tamiami Trail East,Naples, Florida 34112, as shown on Exhibit "A,"which is attached hereto
and made a part hereof this Lease,hereinafter called the "Demised Premises," situated in the County of
Collier and the State of Florida, for the sole purpose of vehicle storage. The Demised Premises is
accepted by the LESSEE in 'as is' condition,no other use than the use stated above shall be conducted at
the Property. LESSEE shall comply with all statutes, ordinances, rules, orders, regulations and the
requirements of the federal,state,and city government applicable to its use of the Demised Premises.
ARTICLE 2. 'Tim of Lease
The term shall begin on March 15,2017 and shall continue on a month-to-month basis.
LESSOR and LESSEE reserve the right to terminate this Lease, with or without cause, by
providing the other party with thirty(30)days written notice to the address set forth in Article 13 of this
Lease. Said notice shall be effective upon placement of the notice in an official depository of the United
States Post Office,Registered or Certified Mail,Postage Prepaid.
If LESSEE does not vacate the Demised Premises upon the expiration or earlier termination of this
Lease.LESSEE shall be a tenant at sufferance for the holdover period and all of the terms and provisions
of this Lease shall be applicable during that period,except that LESSEE shall pay LESSOR(in addition
to any other sums payable under this Lease)as rent for the period of such holdover an amount equal to
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two times the base rent which would have been payable by LESSEE had the holdover period been a part
of the original terms of the Lease without waiver of Landlord's right to remove LESSEE from the
Demised Premises and recover money damages and attorney's fees as permitted by law.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of$30,000
Dollars per annum to be paid in equal monthly installments of 52,500 each,all in advance on the first day
of every calendar month during the term hereof. If the terms of this Lease commence or end on a day
other than the first day of the month,LESSEE shall pay rent equal to one thirtieth(I/30th)of the monthly
base rent multiplied by the number of rental days of such fractional month. LESSEE will also be
responsible for the payment of additional rent as provided for in ARTICLE 4 of this Lease.
Following the first year of occupancy,the annual rent shall be increased each year thereafter by
3%compounded annually.
ARTICLE 4. Other Expenses and Charges
LESSEE shall pay monthly costs associated with its usc of the Demised Premises to include
electric, water and sewer services used during the tenure of the lease. LESSEE shall connect utilities into
its name beginning the first day of the Lease.
LESSEE shall acquire all government approvals in connection with its usc and occupancy of the .
Demised Premised and provide copies of such approvals to the LESSOR beginning the first day of the
Lease.
ARTICLE 5. Modifications to Demised Premises
Changes,alterations,additions or improvements to the Demised Premises are not authorized. •
LESSEE covenants and agrees not to use, occupy,suffer or permit said Demised Premises or any
part thereof to he used or occupied for any purpose contrary to law or the rules or regulations of any
public authority. The Demised Premises shall only be used for vehicle storage.No buildings or structures
shall be utilized in this Lease.Repair and sales are prohibited.
ARTICLE 6. Access to Demjsed Premises
Only authorized employees of LESSEE are permitted on the Demised 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 examining the same and making repairs or providing services therein,
and for the purposes of inspection for compliance with the provisions of this Lease.
ARTICLE 7. Assignment 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.
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ARTICLE S. Indemnity
LESSEE,in consideration of Ten Dollars($10.00),the receipt and sufficiency of which is hereby
acknowledged, shall indemnify,defend and hold harmless LESSOR, its agents and employees from and
against any and all liability(statutory or otherwise), damages, claims, suits, demands,judgments, costs,
interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and
appellate levels)arising, directly or indirectly, from any injury to,or death of, any person or persons or
damage to property(including loss of use thereof)related to(A)LESSEE'S use of the Demised Premises,
(B)any work or thing whatsoever done,or any conditions created(other than by LESSOR, its employees,
agents or contractors)by or on behalf of LESSEE in or about the Demised Premises,(C)any conditions
of the Demised Premises due to or resulting from any default by LESSEE in the performance of
LESSEE'S obligations under this Lease,or(D)any act,omission or negligence of LESSEE or its agents,
contractors, employees, subtenants, licensee or invitees. In case any action or proceeding is brought
against LESSOR by reasons of any one or more thereof, LESSEE shall pay all costs, attorneys' fees,
expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall
so request,at LESSEE'S expense,by counsel reasonably satisfactory to LESSOR,
•
The LESSOR shall not be liable for any injury or damage to person or property caused by the
elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any
other place, or for any interference caused by operations by or for a governmental authority in
construction of any public or quasi-public works. Police and law enforcement security protection
provided by law enforcement agencies to the Property are limited to those provided to any other business
or agency situated in Collier County, and LESSEE acknowledges that any special security measures
deemed necessary for additional protection of the Demised Premises and of LESSEE'S operation shall
be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft,
any property,occurring on the Demised Premises or any part thereof,and the LESSEE agrees to hold the
LESSOR harmless from any claims for damages,except where such damage or injury is the result of the
gross negligence or willful misconduct of the LESSOR or its employees.
ARTICLE 9.Insurance
LESSEE shall provide and maintain General Liability and Business Automobile insurance
policy(ies), approved by the Collier County Risk Management Division, for not less than One Million
Dollars ($1,000,000.00) combined single limits'during the term of this Agreement. LESSOR (Collier
County) shall be named as an additional insured on the General Liability policy. Evidence of such
insurance shall be provided annually to the Bayshore Gateway Community Redevelopment Agency,3570
Bayshore Drive, Suite 102, Naples, Florida, 34112, for approval,and shall include a provision requiring
ten(10)days prior written notice to Collier County Risk Management Department Director with a copy to
the Bayshore Gateway Community Redevelopment Agency,in the event of cancellation.
The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage
will occur without thirty(30)days prior written notice to LESSOR. LESSEE shall ensure that LESSEE'S
insurance provider will be responsible for notifying the LESSOR directly of any changes related to
insurance coverage. LESSOR reserves the right to reasonably amend the insurance requirements by
issuance of notice in writing to LESSEE, whereupon receipt of such notice, LESSEE shall have thirty
(30)days in which to obtain such additional insurance.
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ARTICLE 10.Maintenance
LESSEE shall keep the Demised Premises clean and free from weeds,rubbish,dirt,other debris.
ARTICLE I I. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE,
as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such
additional time as is reasonably required to correct such default).
ARTICLE 12.Default by 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) rifler notice to LESSOR by
LESSEE properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 13.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 TT of Naples,Inc.
do Real Property Management do Terry Taylor,President
3335 East Tamiami Trail,Suite 101 505 S.Flagler Drive.,Suite 700
Naples,Florida 34112 West Palm Beach,FL 33401
cc: Office of the County Attorney
ARTICLE 14.Surrender of Premises
LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the
termination of this Lease, or its earlier termination as herein provided, broom clean and in as good
condition and repair as the same shall be 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 15.General Provisions
LESSEE expressly agrees 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.
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(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 16. Environmental Concerns
No hazardous materials shall be discharged in the air, ground, or sewer. 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 17.Radon Ctlts
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 found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your County Public Health
Department.
ARTICLE IS. Extent of Liens
All persons to whom these presents.may come arc put upon notice of the fact that the interest of
the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the
LESSEE,and liens for improvements made by the LESSEE are specifically prohibited from attaching to
or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This
notice is given pursuant to the provisions of and in compliance with Section 713.10,Florida Statutes.
ARTICLE 19. Fffect_iyc Da*c
This Lease shall become effective upon execution by both LESSOR and LESSEE.
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ARTICLE 20.Governing Lip/
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO LESSEE:
DAT �2T 1"1
_ BY:__ �
WITNESS(signature) Jason cid ,General Manager •
rreSc-'
(print name)
PDail:C.-) -
WITNESS(signature)
(print name)
AS TO THE LESSOR:
DATED: 3 1 3 t H 1--
ATI COI.I,IER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
DWIGHT C.;BROCK,Clerk COLLIERCOUNI FLORIDA
eja...matt J'4
ryE� Clerk BY: ,Chairman
fest tb cha1TntU11
,signIiire only. DONNA FIS
Approved as to form and legality:
" _ '
Jennifer '!l3e pcdio,As: County Attorney
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