The URL can be used to link to this page

Agenda 09/26/2017 Item #16D 109/26/2017 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to Lease Agreement with NWNG LLC, dba Naples Grande Beach Resort to increase tram service and manage inclement weather operations. OBJECTIVE: A First Amendment to Lease Agreement (Amendment) is required to revise two provisions regarding the operation of the Clam Pass Beach Park concession. CONSIDERATIONS: On October 23, 2007, Board agenda item 10N, the County entered into a Lease Agreement (Agreement) with LeHill Partners LLC (‘LeHill’), to provide food, beverage, beach equipment, and water recreational concession services to the patrons of Clam Pass Beach Park. Currently, the successor to LeHill, NWNG LLC (’Concessionaire’), has agreed to the following revisions to the Agreement: 1. Increase the required two trams to be operated from June 1 through October 31 to a minimum of three trams, and increase the required three trams from November 1 through May 31 to a minimum of five trams. 2. Allow the Concessionaire to close early due to inclement weather, or any time in which the Concessionaire deems necessary, but will be required to contact the County thirty minutes prior to closing to obtain approval. All other provisions included in the original Agreement, except for those listed above, s hall remain in effect. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board action. - JAB RECOMMENDATION: To approve and authorize the Chairman to execute the First Amendment to Lease Agreement with NWNG LLC, dba Naples Grande Beach Resort. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Naples Grande Beach Resort Amendment CAO 2017 (PDF) 16.D.1 Packet Pg. 1570 09/26/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.1 Doc ID: 3353 Item Summary: Recommendation to approve a First Amendment to Lease Agreement with NWNG LLC, dba Naples Grande Beach Resort to increase tram service and manage inclement weather operations. Meeting Date: 09/26/2017 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 06/13/2017 1:07 PM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 06/13/2017 1:07 PM Approved By: Review: Parks & Recreation Ilonka Washburn Additional Reviewer Completed 06/13/2017 1:46 PM Facilities Management Toni Mott Additional Reviewer Completed 06/13/2017 1:54 PM Public Services Department Joshua Hammond Additional Reviewer Completed 06/13/2017 2:04 PM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 06/13/2017 3:50 PM Facilities Management Dennis Linguidi Additional Reviewer Completed 06/15/2017 4:09 PM Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 06/15/2017 6:02 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/19/2017 10:15 AM Public Utilities Department Margie Hapke Additional Reviewer Completed 06/19/2017 12:58 PM Parks & Recreation Barry Williams Additional Reviewer Completed 06/27/2017 8:49 AM Public Services Department Len Price Level 1 Division Reviewer Skipped 06/27/2017 5:11 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/27/2017 5:15 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/28/2017 10:25 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2017 10:33 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/29/2017 9:30 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 11:01 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 12:52 PM 16.D.1 Packet Pg. 1571 09/26/2017 Board of County Commissioners Michael Cox Meeting Completed 09/12/2017 9:00 AM 16.D.1 Packet Pg. 1572 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGuEMENT(Amendment)entCrcd into this ― day Of 2017, by and between COLLIER COLfNTY, a political subdivision of the State of Florida, whose mailing address is, in care of Parks and Recreation, 15000 Livingston Road, Naples, Florida 34109, hereinafter refened to as "Lessor," and NWNG LLC, a Florida Foreign Limited Liability Company, dba Naples Grande Beach Resort, successor to LeHill Partners LLC, whose mailing address is 475 Seagate Drive, Naples, Florida 34103, hereinafter referred to as "Lessee." WITNESSETH WHEREAS, the Lessor and the Lessee have previously entered into a Lease Agreement, "Lease" dated October 23, 2007 attached hereto and incorporated by reference as Exhibit "A"; and WHEREAS, the Lessor and Lessee are desirous of amending the Lease Agreement to increase the number of trams in operation, extend tram operation date to May 3 I of each year, and require notification to the County ifconcession stand closes early due to inclement weather. NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease, and Ten Dollars ($10.00) and other valuable consideration, said Lease, is hereby amended as follows: l Article 4. (B) of the Lease is amended: ARTICLE 4 0ther Expcnscs,Chargcs and Considcrations * * * Lessee shall operate a tram service consisting of a number of electric power vehicles, with appropriate seating for beach goers, between the public parking area, the Naples Grande Resort and the Beach Facilities. A minimum of twe-(2) three (3) trams shall be operated at all times from May June I through October 31, and a minimum of three-{3) five (5) trams shall be operated at all times from November I through Afril-3e Mav 31. In no case (except for unforeseen mechanical failures) shall the time between available trams and the public parking area exceed fifteen (15) minutes. The trams will be operated during periods when the Park is open and shall be of sufficient number to provide convenient transportation for the public and hotel guests. The first point of passenger pickup shall altemate between the hotel and the public parking area. In addition, when the 2nd boardwalk is constructed, the Hotel will provide tram service on this boardwalk with the same service levels as the original boardwalk. The Lessee shall have no responsibility for or obligation with regard to the construction, operation, and maintenance of any subsequent boardwalk beyond what exists as of the effective date herein. The tram drivers shall be uniformed neatly and cleanly in uniforms provided by the Lessee. The tram drivers shall wear insignia approved by the Director of Parks and Recreation identifying them as representatives ofthe Collier County Parks and Recreation Department. 2. Article 23. of the Lease is amended: 16.D.1.a Packet Pg. 1573 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) HOURS OF OPERATION. Lessee shall open the concession stand(s) no later than 9:00 a.m. and close not earlier than 6:00 p.m., seven (7) days a week, unless otherwise agreed with the Director of Parks and Recreation. The Lessee also agrees to open and close the public Park from dawn to dusk unless specifically authorized in writing by the Director of Parks and Recreation to do otherwise or the premises are in use in accordance with Section 8 above. During inclement weather, the Lessee shall use its own best judgement regarding closing the concession. Prior to closing early durinq such times of inclement weather. or durine any times in which the Lessee may be required to close earlier than scheduled as contained in this Lease. the Lessee shall notify the Lessor by telephone or b), email at a minimum of thirty minutes prior to such closing and shall obtain approval from the Lessor nrior to closins. The Lessor shall have the right to request Lessee to extend its normal operating hours to accommodate County-sponsored events for up to 15 hours of such extended operations per year, to require a written guarantee from County of revenue to be generated during such extended hours, in amount(s) to mutually be agreed up on by the parties. 3. Except as expressly provided herein, the Lease Agreement 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 First Amendment to Lease Agreement the day and year first above written. AS TO LESSEE: DATED:Nu/NG LLC dba Naplcs Grande Beach Resort BY: Witness (Signature) (Type or print name and title) (Print Name) Witness (Signature) (Print Name) LESSOR SIGNATURE ON FOLLOヽ VING PAGE 16.D.1.a Packet Pg. 1574 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) AS TO THE LESSOR: ATTEST: DWIGHT E.BROCK,Clerk BY: Deputy Clerk BOARD OF COUNTY COMヽ lISSIONERS, COLLIER COUTY,FLORIDA BY: PENNY TAYLOR,Chairllnan Approved as to form and legality: J.*,f.r Ai.lp.d. ^ "9^SAssistant County Attorney -) @t 16.D.1.a Packet Pg. 1575 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) ∞UNTY AS LESSOR ノごくノ Lcasc#一 TIb ＼|0‐ ど臥 SE ACREDIEhlr THIS LEASE ACREEttN r cntcrcd●。価s′■day Of一 lX17,"Ⅲc∽LcHtt Pamcs LLC, whosc milig addrcss is 475 Seagalc Dnvc,Naplcs FL 34103,hcrcmancr rcFclrcd to as"LESSEE“,and COLLIER COUblTY,a political subdivlsion of ulc statc oFFlorida,whosc mailhg addrcss is 3301 East Tamiar」Trall,Naples, FloHda 34112,hcrcinaner rcrcrrcd to as'1■SSOR" WITNESSETH THE PARl■LS ACREE AS FOLLOWS: ARTICLE I Dcmlscd Pre面 ses LESSOR hcrcby leaseslo LESSEE and LESSEE hcrcbyic―tom LESSOR thc propn dC蒻日"d h Exhbit"A"OR o∝atcd at clam Pass PaFり WhCh iS attachcd hcrcto andコ配 e a paF oF this Lcasc,herclnancr callcd ulctDcdscd Prc面 ses",sinatcd h c01lier COunty,Flonda,For the F01lowing purpOsc●〉ハよ1■CLE 2 T―Of■casc α名ノ LES[Ep-,;]all have and hold the DErnisci Prcmise for a term of te(10) yoar(s), cotr|m€ncingon !L,2OO7 and endirg:E, 2017. LESSEE is granted the option, provided it is oot thcn iD default of any of the provisions of this Leasc, to renew same for two additioMl tcmt of fivc (5) yca(s) each, mdcr thc sarne terms and conditions, as provided hercin, except as to the rental amouo! as provided herein, by dcliverin8_writtrn notice of LESSEES urconditional inlention to do so to the LESSOR not less than thify (30) days prior to thc expiration of the leasehold estatc hereby crcatcd. Said noticc shall bc effective upon actual receipt by the County. LESSOR, howevcr, rcserves tle right to terminate this Irase, with or without cause, upon sixty (60) days prior witten notice of such termination to LESSEE at the addrcss s€t for0r in ARTICLE t3 ofthis Lea8e. Said notice shall be effective upon actual rec.eipt by LESSEE. Should LESSOR exercise the aforcmentioned option to t rminate t]tis LEASE, LESSOR shall rcimbursc LESSEE for LESSEE's capital expcnditues s€t forth in ARTICLE 4 according to the following schedulc: Ifsaid tcrmination occurs during tho first twelve (12) months ofthe LEASE LESSOR shall reimburse LESSEE all monies spent, due, owcd, or committed, whether irvoiced or not, throwh the effectivc date of the temination. If said termination occurs durinS the thideenth (l3s) trough the nxenty-fourlh (24) month of the LEASE, LESSOR shall reimburs€ LESSEE fifty (50%) perceltt ofall monies spent, due, owed or corffnittcd, whethcr invoiced or not,lkough the .ffective date ofthc tennination. Should LESSOR t.rmhatc the LEASE at ar)dime in the twenty-fifih (255 month or thereafter, the LESSOR shall have no rcimburscment obligation to lhc LESSEE. h addition, LESSEE covenants and agrees not to use, occupy, suffer or p€rmit said Demised Prcmises or any part thereof to be used or occupicd for any purposc that is cont_ary to law or rules or regulations of aDy public autho ty having jurisdiction over thc l,eas€d Prcmiscs. ARTICLE3 Rent LESSOR agees to Lease the Demised Premises to the LESSEE without cost to the LESSEE. ARTICLE 4. Other Exlenscs. Charees and Considcrations LESSEE shall pay all cosls associatcd with the Demiscd Prcmiscs including and not limited to, jadtorial services and any ard all utility charges. Utility charges shall include and not bc limitd to elecficity, light, hea! air conditionlng, power, water, sewer and telephote o! other corDmunicatioll services, used, re[dered or suppliei thcrcupon or in connection with the Deftiscd Prcmises . (A) The kssec shall, at its expense, but not to cxcccd two-hu[drcd thousand dollars ($200,000) fund cQital improverncDts of lhe concession fgcilitics. The Lessee shall obtain any and all permits oc-cassary fo! thc constsuction al its sole cost and cxpcnse. Lcssec shall desi8n thc plans for lhe capital irnprovomcnts and submit 6aite to Director of Parks for epproval, and said approvBl shall not be Ercasonably withheld. See articla 5. (B) L€ssoc shall opcratc a u_am servicc cotrsisting of s nurnba of elccEic power vchiclcs, with appropriatc seating for beach goe$, betwecn the public parking are3, the Naples Gmnde Resort 6rd tle Beach Facititics. A minimufl of two (2) u-ams shall bc operated at oll timcs ioo May I through Octob€r 31, and a minirnum of ihcc (3) Fams shall bc operated at all timcs form Novcmb.r I through April 30. In no oase (except fo! utrforesccn mechanical failues) shall thc tiDs between available ranE at thc publio parking ar€s cxcced fiftccn (15) minutcs- Thc harns will be opcratcd duriog periods whcn the Puk is open and sh&ll be of sufficicnt number to providc convenicnt transportation for thc public and hot€l glests. Thc fust point ofpassengcr pick up shall altemate b.twecn the hotel and thc public parkiog arca. In aaldition, when thc 2d boardwalk is constructed thc Hotel will providc tram service on this boardwalk witb thc same s€rvice levcls as the original boardwalk. Thc Lessec shall havc no responsibility or obligation with rcgard 16.D.1.a Packet Pg. 1576 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) ro the construction, opcmtion, and marntcnance of 8ny subs€qucnt boa!9"+ t1-":1 **' "tst5 as of lhe effechve dalc herein. The o-am dri"ers snail t -If""t"a "t"tfy *d cleanly in uniforms provided by the r_essee. The trarn driver" .nurt *"", t ,rgnil ul;fi;;;;tfu.r_of Park und Recreation identirying ;;; ;;;;;;".. of $e collicr countv Parks and Recreaho' DePartnmr' The Lessee shall be responsible a r"*",'p,ri"rr"r",-r*rntain, clean, charge and service lhe tsams as reourrcd and subject to thc County's recomrnendaDons Busrness of Lessee may conduct thc lol)o;;; [nJof business and provide the following services: l. Food and n"roug" .ut"". 'ii'""*ii .i-i"J -a bevcraBes from. Permanelt desigBted locations or mobile pushcarts ir' accordance with thc proYisions of this agre€ment' ,監」鍬黒簾躍::思 T譜 bc amcndcd O authon“雌Lい "c O CXpttd鵬 scrvにぃ prO●dcd Modlica●ons to Demiscd Prclluscs 翼織ξ静證:憮ぜЛぽ鑑胤l霊躍 7筆 dcsilcd altcratlon, unprovcmcnt, changc,or addi●on, alon 灘]撤餞曇醸柳露摺総淋:鵬鼈 asa DEヽ■AL to such requestto LESSEE 蹴∬讐:搬 r轟 1椰 ;nd檀 i響留認面潔¨ら“dlnξ 霊悩 :路認糧鮮品盤1響鐵害∬i熙欝手fl郷撒r柵 1:譜 ■ttI}lL鰐欝蝉 Dncd work All altcralons,improvcmcllts and additlons to sald Dcnuscd PrcmSCS Shall at oncc,whcn madc or istallcd,bc dcemcd as attachcd to thc“chOld and,o havc become propc●。fLESSOR ARTICLE 6 Acccss tO Dcnused Prc面 ses n。.∝fttLど肥ど爛鶴 a箇鷺P酬星器緊脚 W謝乱薯計諦輩￡]::酬営湾r¶ purpose ofcxanunlng and for ic puⅢsCS OFinspec●on for compltancc wim prOvlsions oftllis Lcase Agrcelncnt 感 T■3LE 7 AsslttmCnt and Sublettlng LESSEE shall not assitt this Lcasc or attcmpt tO subict tt wholc or any part Of ulc Dttscd Prcmses,or PC―t tty Othcr persOn(s)t00CCupy Samc wiulout thc exPressCd pnor Wnten cOnsCnt oF LESSOR cxcCpt to thc ARTICLE 5 16.D.1.a Packet Pg. 1577 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) "f ,.J:*l jl;#','.'"iHy:;i5il*:ffi T#:"fl "Hfl l#ffi lXil.i'"fr -'Jf if#:;:HTI agrcement . ARTICLE8. hdennity In consideration of ren Dorlars.($lo 00)' q"-g":Pt.*'r 1T:lT?-:1":tJl# tr}ffiH]'::i:1i lrsse"i .r,"ii'lnJ.."iry, defcnd and botd harmlcss LESSOR, its aSents ano qnPro) I'abrliw (statutory or otf,*'"1. atrnug"tl "ffi' "n"' itrn-a"' i'ag'*ta' costs' hterest and expenses (including bur no limited !o anomeys, fe.s ana disburs'##l"u"ii'",-oia ili"ri"ppelare revek) ari6ing' direclly or indirectly' fiom any rn;ury to, or d."tl or, -v p""oi'iiil#;'-;;;;i;;opertv (inol.di'o loss of use thercoO related to (A) LEssEE's use of th. o.tt"a n"'""", 6i;;;il-;;ift;;ro""' don"' -o' "nv "ondition created (other than bv LESsoR, rts e,,ptov".,, ug*o o'"";;;fi;iti;;;;;; #'1f of I EssEE in or about the Demised hemises' {c) aoy conditron of rhe o.*r.a r,'-'i''"'"i''T;?;i'1il;;:- -v |^"-t*t-:l tttttt in the performance of LESSEE,' obtrgarions undcr this Leasc or otherwise, or (D) any act, omission or treFhgmce of LESSEE or its agents' contractors, employces, subtenants, ticenseJJoi i*iit"t '1" *"it -y action or proceiding is brougbt tgairrst LESSoR bv reason of any one or more thereof, I-iiii'g "rr"rr p"v "rr *rti anorn.yr' fe.", .xpanses and liabilities resulting I(.iffi;;il;ili';"ilJ.*r, *rt.,, * p-"."a.g irirsson "t'utr "o rcquesr, at LESSEES expense, bv counsel r€asonably satisfactory to LESSOR. LESSOR shall be liable for any mjury or damage to person or properry caused by the elemeats' or from the saeet or sub-s,rface, from thelr agents, 'or 'Aom any -othcr plaoe, or for any unreasonable intErferenoc caused by .p"*t;-" ty .. f.t " goverDmentaiauthority i,t "onstr*tion of any p'blic or quasi-Public works or othcrwise LESSOR shall not be liabl€ fot any damages to or loss of, including loss duc to petty theft, any property, ocourring on tle Dernised premises or any pan th;of, and the LESSEE agees 10 hold thc LESSOR hsmless tom uny claiis for damages, except where tr"i, d"-ug" or injury is thc result of the negligence or rnisconduct of the LESSOR or its employees. ARTICLE 9. fus$ose LESSEE shall provide and nafutain general liability and Foperty liability insuranoe policy(ies), apploved i'I writing by the Collier County Risk Management DepartrneDt. t. Minimum hsumnce Rcquiremelts: fusk Management in no way rcpres€ots tbat the insurance ,equired is sufficient or adequate to prot€ct thc vendor's interest or liabilities, but are maely minimums. a. Workers' Compe$ation - The veudor shall nlaintain in forc. for the duration ofthis contsact statutory workeB' conpeflsatiol benefits as defincd by FS ,l4O cncompassing all operations contcmplated by this conEact or aSreement to apply to all employees regardless of thc nurnbe! of employees Owners, partsrerc and or corporate offioos may be exempted per statc Law. Employers' liability rrill haye minimum limits of: $100,000 per accident $500,000 disease lirnit $100,000 disease lirnit per employee b. Corffnercial General Liability - The vendor shall rEintain in forco for thc dumtion ofthis conhact commercial general liability. Coverage shall apply to premises and/or opemtions, prcducts allayor coDpleted ol€mtions, indepeodent conhactors, contractual liability exposules with minimum limits oe $1,000,000 bodily injuries per p6son (BD $1,000,000 bodily injury per occurrence @I) $500,000 property damage (PD) or $1.000,000 combined single limit (CSL) ofBI and PD c. Liquor Liability - The vendor shall mainrain in force for the dlllation ofthis conuact Liquor Liability with minimum limits of: $ 1 ,000,000 combined single limit (CSL) of BI and PD. 2. Verification of Covcrage: 16.D.1.a Packet Pg. 1578 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) a. . ' teD (10) days Prior to the coomencement of any wolk under this oont?ct a certificate of insurance will be pi""ia"a a ti'r" ilitfft'f-ager for reuew and approval. The certifioate shall Provide for the following: 'b. "Collier County, its agents, employces, and public otficials" will be named as an "Additignal lnsured' on the General Liability policy and Liquor Liability. c. Collier County will be given thirty (30) days notice Prior to cancellation or modificatioD of any stipulated insurance. Such notification wrll be in writini by registered rnail, ret'm receipt requested and ad&essed to the Collier County tusk Managemcnt DeParknent (3301 Tatniami Trail East, Building D, Naples, FL 34112)' 3. AII insurarcc policies rcquired shall be issued and written with a company or comPanies authonzed to engage in the business of general liability insurance iD the state of Florida and authorized to do business under the laws of the State of Florida, ,i.i0r the following qualifications as to inalagement and fnancial strength: The Company must be rated no less than .,A" as to financial rating in accordance ;ith the latest edition of Best's Key Waiti'lg Guide publishcd by AM Best ComPanY, Inc. 4. The Naples Grande gencral contractor shall delivery to the county customary insuranoe certificates ol insurance prior to the constniction of the Expanded Facilities which certificate shall clearly indicate and evidence such paid up insurance and that said general contactor has obtained insurance in a type, amount and clessification as req,_rired foi strict compliance wilh this Agrcement. The said gencral oonfrctor sball sgre€ to mako ,ro changes or cancellations of the insuance v/ithout thirty (30) days prior written notice to the couty. The said Senelal contsactor shall assure tlat the insuBnce covemge provided shall requie the company or coEpanies writinS such insurance policy shall provide to the County *ritten notlce of cancellation thirty (30) days Prior to any suoh Proposed "-""ltution. Th" Co*ty reserves the right to reasoDably amend the insurance requilements by issuance ofnotice iil wnting to the general contractor. Said insurance shall not exceed thal required by the Crunty for similar Projeots. Uponieceipt o-f such notice, the Gencral Cont-actor shall have thirty (30) days in which to obtain such additional insuanc€. 5. CountyResponsibilities: (l) The County shall rnaintain the same kinds of insEance with the same ldnds of oovqage on County-owned Facilities proyided for in this Agreernent as the County maintairs on all other Coudty-owned real aid personal property. (2) In the event that tle County does not maintain 6uch insurance on all County-owned personal and real property and fun& are not avsilable for repair or replacement ofFacilities provided for herein, nothing contained in ttris Ageement shall be construed as tmposing on the County the obligation to repair or rePlace the County_owngd FacilitieJprovided herein. Should the Premises, during the Term of this Agreement, then become iEop€rable or if any requued operating permit be revoked as a result of aoy failure of county to rePail or replace any County-owned Faiilities, Lessee shall have thc option, with the prior written approwl of the Dircctor of Parks and Recaeation, of proyialing such rcpair or replacement at its own expense and to seek to obtain reimburscment from Coulty for all costs thereby incurred. ARTICLE 10, Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premisos clean at all tirnes. If said Demised premises are not kept clean in the reasonable opinion ofLESSOR, LESSEE vrill be so advis€d in writirg. If colective action is not taken within twenty (20) days of the reoeipt of such notice, LESSOR inay cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary rcasonabte cleani[g costs, and such costs shall oonstitutc ADDnONAI RENI which shall b€ paid by LESSEE within ten (10) days of receiPt of written noticc of costs incurred by LESSOR. LESSEE, at its sole cost, shall rePair all danaBe to thc Demised premises caused by LESSEE, its emPloye€s, agents, independent conhactors, Suests, in\aiees, licensees, or patsons. LESSEE, at its sole cost, shall rcmove ftom the Demised premises ir accordance with all aPplicable rules, laws and regulations, all soli4 liquid, semisolid, and gaseous trash and waste and refuse of any nature whalsoever which accurnilates or arises fiom LESSEE S use of tht Demised Premiscs. Such tsash, waste and refuse shall bc storcd in closed containels approved by the LESSOR. ARTICLE I L Default bv LESSEE Failure of LESSEE to remedy any non-compliaDce of this Lease within ninety (90) days from receiPt of LESSoR'S written notice stathg thc Dol-complianc€ shall constifute a default, whcrcby LESSoR rDy, st its optioD, tenninste tlus I-€3se by giving LEssEE, thirty (30) days writtea notice rmless the default is fully cured within that rhirty (30) day notice ;eriod (or such additional time as is reasonably required to correct such default). However, the o"",-ir"" oi -y ot m" following everts shall codstitute a default by LEssEE, and thi6 Irase may be im'nediately teminated by LESSOR exccpt to the extent then Eohibited by law: 16.D.1.a Packet Pg. 1579 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) Abandonms ofDemiscd Premises or discontinuation of LESSEE'S op€mtion' Matcrisl intentional falsification ofLESSEE or an agent ofLESSEE ofany report rcquired fumished to LESSOR pursuant to the terBs of thiE Lcase. Filing of iNolvency, reotganization, plan or arrangemcnt ofbanlauptcy' Adjudication as bankupt. Making ofa geneml assigunent of the benefit ofqeditors. If LESSEE suffers this Lease to be taken lmder any writ of execution. In the event of the occurrence of any of the foregoing defaulb in this ARTICLE 10, LESSOR, in addition to aay othcr rights and rcmedies it may have, shall have the itEnediate riSht to re-eoter and Iemove all Persons and prop..ry foi.r O" O.-ised Premises. such property may be romoved and stored in a public warehouse or elsewhae at ihe'cost of and for the accout of LESSEE, ali without service of noticc m rcso to legal Process and without being deemcd guilty of tsespass, or being liable for any loss or darnage which may be occasioned thereby' LESSOR rnzy at its option terminate this I-€ase after rcocil by LESSEE oftbirty (30) days notioe in writing if a lien is filed against the le;sehold interest of the LESSEE and is not satisficd, bonded-off, ff rcmoved within sixty (60) days pursuant to the Florida Mechanics Lien Law or otherwise. ARTICLE t2. Defaultbv LESSOR LESSOR shall in no event be charged with default in thc perfonrDnc€ of aay of its obligations hereunder unless and until LESSOR shall have failed to pe om such obligations within thirty (30) days (ol such additional time as is reasonably lequired to correct such default) after written notice to LESSOR by LESSEE Propetly 8nd in meaningful details specirying wherein LESSOR has failed to perform any such obligation(s) ARTICLE 13. FACILITIES (A) This Agleement shatl cortrol iD the event of any dircct conflict with the Beach Access Facilities Agreement date Novembff 15, 1983, as amonded. Thc county ownE the parkinS lot, thc Satehousc, the Boardwallq aDd the Beach Facilities. The county shall operate and mahtain, at its cost, the parking lot, the gatehouse, and the boardwalk, and any fuh[e facilities, and shall be responsiblc for repairs, mainterEnce and capital irnprovements at the Beach Faoilities. Tho Lessee shall provid€ daily cleaoing ard upkaep at the Be3ch Facilities. The county shall establish and collect all fees and charges for use ofall facililies owrcd and operated by the County. (B) The Lessee, at its ow! expeDs€, may providc a stand or other facility beside or undemeath the dune walkovq near the Bcachsido Facilities from which to rent rccreatioDal equipment to the users of Clam Pass Park (C) The Lessee is authonzed to ploviile movable umbrella pushcans for the sale of food and non-glcoholic beverages subject to the reshictions of Sections 3, 19 and 20, hereof, 4RTICLE 14 MODIFICATIONS TO STRUCTURES AND IMPROVENIENTS The L€ss€e accepts the facilities and space provided in this Agreement in their present condition, as modified pursuant to Section 2(A) above, and is responsible for all intelior modifications and nraintenance, including erltlance doors, windows and screEns. Except a; provided in Secticros 2(A) above, thc Less€e shall obtain thc County's Fior witten consent for aoy alteration, additions, or improvemetrts to stsuchrrat facilities and tlen pay and be liable for such modifications, whioh become County assets upon completion; said conr€nt shall not be unreasonably withheld. Detailed plans for any substantial improvcments shall be submitled to the County for approval. The Lessee shall provide, irNtall and rnaintain , at its own oost and expeNe, all equipment requircd to operate the concession, but shall have oe right, upon approval by the Dircctor of Pa*s and Recreation, !o use the county equipmen! fumishings, ard flxtures that may presently exist on the Premises. ARTICLE 15 MNENANCE The Cormty agrees to provide the asrigned facilitics in their "as is" conditio[, as modifieal pursuant to Sections 2(A), and to perform nccessary extcriot maintenanc€ on lhe facilitics assigaed to the Lessee as well as to maintain the below ground level connection lines for perrnanent v/ater and sew€r utili;es. Exterior maintcnancc of the facilitics does not include daily rcmowl of litter of thc public areas of the Prcmises, such removat bcing the responsibility of thc Lcsscc. ARTICLE 16. SPECIAL EVENTS. The Demised hemises rnay be used during and after nonnal operating hours as firther described below: 16.D.1.a Packet Pg. 1580 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) (B) Arsroupshordin8.*.i::::t"#Hlj*iTfif#:[tr"Ti'#l$r*#,5'1i".',X"T,r,"r**: transDortarion shall be required to use l ,#T""i,-,p",r,ar "", " "**,1 fl*ffi ffiH"H;'J*,'JJ:#-X'f m"m # *fi 'ffPremises. Members of grouPs not us Premises on the boardwalk (C) All groups shall retain the l'€sseo to cater their eveot at the Demised Pr€mises' (D) Nosrouphordins+r'*5ir"x'".Ji:b;T,ffiHjff:[i,g]X$:1:ilIpJ',:""'#'itil*r'rl#" bands. All gloups shall b€ subjecl lo therewith. (E) privale EvenE shall be describe.d as either sponsored thru or contmcred with Naples Grandc The ,*,* i,'ir i.'p"..in"J t **" rj.Tffi o?'Jiii'l:*Xi*llm*#"J,*;J#l f *o'*' "'" 16oz) percent gross revenuc share fom ARflCLE I T USE OF THE BEACH lS PRIMARY The Park is for the use of the oublic for recrcation and other Dublic purposes, and the l€ssee s 'lirii'y ti"ri '"i tt*ge upon the public-s righi to such use' subject to only- o;;; 1; ;;;; rr'e to""tion or anv lqJm."l l* :'.y*Xil:'$."U:H'ffi ,*:#:'ft*ri:lffdj *"J*""f.5'ff::: "Tr'ffffi #;;;: ffi *r,"a,ir,i p'"'."tiona ""ents, in"r,rding evenrs which mishr J;;;i; i;i,;*.s to rhe Premises, or anv ponion thereof' ARTICLE 18. COLJl.lTy CoNTROLS BEACH, Nolhing i' rhis Agreement will oreclude tbe countv froD using rh. n hlic areas oflhe berco r", o"uril"arTii'"i" p,i,iJ.i, * a""rJa necessary; however, these Ereas ofthe beach ilrffiitJ.;;;;; p'bliJ use during normal hours of operation ARTICLE 19. SERVICES AND DtlTlEs. The l,essee agre€s thar the operahon atrd Nlsitrtooance of the Park and concession stand(s) i" to * r'aoareoiv iiinJ-ffi-*tf*io "tphasis on safetv and maintdning the Be'chside Facilities and immediatelv adjacent #";t';#;;;";ly fasiioo Tbe ksiee herebv agre€s to perform the following duties: (A) Mairltain fte batluoom facilities in s clean and sanitT y condition at sll times (B) Qualiry customers alld give instructrons on the operation ofthe vatious rental equipment' (C) overee the general use of the Boardwallq Beachside Facilities' and th€ immcdiately adjaoent beach' and shall report all mrs"JuH#HJffiio"ti"ir'"n]"r'otiti"t *d nori& Ge Dirccbr of Parks and Recrealion as appropriate Notbing herein shall be construid orrterPreted as imPosing any obliSation or duty on the kisei for the public's safety in thei use oI the ocean' (D) Fumish ell soap and other consumable supplies for the restroom fscitities' (E) Colle.t' bag and Place the garbage in containers' and have the coolainers removed ftom the Premises' (F) Remove trash daily and Provide litter pickup for all lr&sl 8fld debris not in oontainers for the imme.diatelv ,r*" "#Jr, u"?hii" i""liil"i s""td*alk' and surroundins sreas' excluding the CountY Public Parking Area' (G) (Reserved) (H) (Reserve'd) (l) Open and close the PErk accotding to established Park hours' (I) Clean up debriJtrash ftom the s'nd beach arca in and around thc demised ar€a' ARTICLE 20. COIJNTY pllBLIC PARKNG AREA. Any mainrenance or supervision of the counw Public Parking Area sh6ll be the sole respoflsibility ofcounty' i-I*Jir'"iir'"'l "() a'ties whatsoev'er with resDec! to the county Pubtic PnkinS Area, and shall incur oo €xpcnse or liaUirityail t"tpt"itftt*i() The L'essee will ensrrc that no employees will park csrs l,r rhe public rot durinS $ei, ,,o.ring to*r. ,ilJil;;fi:;;;;"; tn writi'8 bv rie Dircctor of Pa*s and Recrerion' 16.D.1.a Packet Pg. 1581 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) ARTICLE 21. NO DISCRIMINATION. The Lessee agces that tbere shsll be no discrimination as to moe, sex, _ color, creed or national odgi! in its operations under this Agreement; and firrther, thoe shall be no discrirination regarding any usc, servico, maintenance, or operatioD of th€ PrcEises. All facilil.ies located or the Premises shall be made available to the public, subject to the right ofthe Lessee to establish alrd erforce rules and regulatiotrs to plovide for thc safety, orderly operation and security of tlrc facilities. ARTICLE 22. ORDERLY OPERATION, ETC. The Lessee shall at all times have a neat and orderly op€ration alld shall maintain all necessary housekeeping serviccs for the Prcmises. There shall bc no liying qusrteis nor shall anyone be pemitted to live on the Premises. ARTICLE 23. HOITRS OF OPERATION. l,essee shall open the coflcessio! stand(s) no later than 9:00 a.m. and close not earliq than 6:00 p.m., seven (7) days a week, unless otherwise agreed witl the Director of Padcs and Recreation. The Lessce also agrees to open and close thc public Park Aom dawn to dusk unless specifically authorized in writing by the Dircctor of Parks and Recreation to do otherwise or the premises are in use in aocordance with Section 8 above. During inclement weather, the Irssee shall use its own best judSmerf regarding closing tlrc concession. Couty shaU have the riglt to rcquest Irsscc to extcnd its normal operating hours to aocornmodate County-sponsored events for up to l5 hours ofsuch crt€Dded opemtions pcr ye3r, to rcquie a written guaaantre &om County of rcvcnues to be geDerated during such exlended horEs, iD amoun(s) to mutually ageed upon by the parties. ARTICLE 24. PRICES. AII prices rnust be yisibly displayed to Lessee's customerc. , aDd must be approved in \xnting by thc Director of Parks and Recreation. The Lessee shsll rent or s€ll only those items approved in writing by the Cormty. ARTICLE 25. SIGNAGE. Lessee shall, at it sole cost, pmvide and removc signs at all public approaohes to its concessions. All advertising, signage snd posting shall bc approved in writing by the Dircctor of Parks and Reqeation. ARTICLE 26. VEItrCLES IN PARK. Vehicles, other than authorizcd pede6trian tram, cmergeocy vehiclcs and authorized oonshuction vehicles, are only allowed in aleas where roadways arc provided and vehicles will park only in areas designated for vchicle parking. The kssce shall have the right to use vehicl€s on the beach only to load and uload equipment and supplies, and for septic tank mrirltemnce snd cleaning. ARTICLE 27. CONTAINERS/BIODEGRADABLE. Thc sale or dispensing of b€verage in bottles is not permitted nor shall bottle oi glass containers be permitted h the Psrk Beverages may be sold or dispersed in calls, plastic, or paper cups, although biodegradable contairErs arc most desired ftom a County standpoint. Thc dispensing and use of straws is also prohibited. ARTICLE 28. STORAGE. Lessee agrees that there will bc no ovcmighl stomge of any kind, west of the Beachside Facilities, unless a spcoial exceptio! is issued by the County. Lessee shall comply with all applioablc laws, statutes, ordinaDces, and local rules, gonceming stolage oD public latrds. ARTICLE 29. NO DANGEROUS MATERIALS. Thc Irssce shall not use or permit in the Boardwsllq Beachside Facilities, or Park the storage of illurninating oils, oil l6mps, turp€Dtine, benzene, naplha, or othcr sinilar substances, or cxplosives of any kind, or any substancc or articles prohibitcd ia the standard policies of firc insurance companies doing business in the state of Florida. ARTICLE 30. LESSEE NOT TO REMOVE PROPERTY. The Lessee agrees not to remove any fixtures brouglt into the Park fol the pupose of this Agreement, exccpt such iterns as may be reasonably necessary fot Lessee to meet requilEments of : (a) seasonal deman&; (b) special events conducted by IJssee; and (c) the repair or replacement ofproperty. The parties recognize that Lesse€'s seryice requirements under this Ag!€ement shall not be limited or rcduced by the rcmo!.al ofits propcrty. Provided Lessec satisfies its obligatiols under this Agreement , it shall , within thirty (30) days aficr expiration of this Aglement, remove its persoml property and equipnent from the Premises, prol.ided sucl removal ca! be accoraplished without damaghg the Premises. Should Lessee fail to remove such peBonal propdty and cquipment" the County IIvIy cauric same to bc removed and stored at the cosl and oxp€nse of the Lessee, and the County shall have a continuing lieD thereon in the amormt of the cost and expense of such removal and stomge until paid, and may sell such personal property and reimburse itself for such cost and elpeuse, including the expense ofthe salc. Afticle 31. SECURITY. The Lessee shall provide any scclrity measurcs which Inay be rcquir€d to protect the Beach Facilities, and its equipment and rnaterials. Such secu ty measwes may not \.iolate local or statc lsw or other restrictior$ of this Agcement. Article 32. NO LIENS. Less€e agrecs that it will not suffer, or through its actions or those actions of anyone under its control, or supervision, cause to be filed upon thc Park any lien or encumbfiuoe. ln the event any lien is filed, Lessee aSrees to cause such liell to b€ discharged, satisfre4 or bonded-off v.ithin sixty (60) days of rcccMng wriftefl noticc from thc Cormty. 16.D.1.a Packet Pg. 1582 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) Article 33. INSPECTION, The L€ssce agrees that the coacessior facilities and Premises may be inspccted at any . time by autlorizrd representatives of fho County Admiiristsator or by any other state, oounty, or agoncy ofEcial haying responsibilities for inspections of such op€rations. The Lessce agrces to irnmcdiately undertake the correction of any delioiency cited by such inspectors. Article 34. RECORDS AUDIT. The Lessec agrees to €stablish and tnaintain such rEc.rds as may be prescribed by the Couoty to Ployide as evid€nce that all terms of this agreement have been and are being obs6v€d. The Lessee gants to lhe County the right aod authority to audit all recordE and doourDents pertaining to the codcession operation. Such audit will be conducted at locations and at a ftequcncy determined by the County and corEnudcat€d to the Lessee, The Lessee agr@s to providc materials for the audit at the designated place within seven (7) business days after the CouDty's notice is received. Anicle35. ENFORCEMENT. (A) The parties agre€ that the CouDty shall have a continuing lisn on such personal Foperty or trade lixtures of the Lessee located at the Clam Pass Parlq said lien against such personal property oa Fade firtues for the sum of which rnay, fiom time to time, beoome due and uopoid to the Couoty under this Agreement. Upon default of any requircd paloent(s) by the Less€e, the County shall heve the right to take possession of ard rctain Lessce's personal propcrty and /or Fade fixtures to the extent of the hereifl described lien value until the firl amouDt shall be paid, or to sell the same at public auction, and after deducting the expenses of sale and reasonably attomey's fees apply the balance ofthe proceecls to such payment, aDd if therc should be any deficiercy to rcsort to any othcl legal remedy available to the Cowty. Simultancously with the executioo of this Agreement to Lessce will fimish the County with two (2) ooDplete UCC-I StatemeDts, to oover such petsonal Foperty or rental cquipment at Clam pass Parking in atr amount equal to OIe CouDty's lien under this Agre€metrt, onc to be filed locally and oae to be fil6d i! Tallahassce. The UCC-I Statement shall evideDce the County's s€{ured status for the performance of the Irssee's obliSations. Any change or amendment to the UCC-I Statement(s) indicating different property of Le$ee to sectlre County's lien hercunde. shall require a written amendment duly cxccutcd by the partics.(B) In the event of aoy willfi, violation of this Agrcerrent by the lJss€e, or if the County or its authorized rcPrescntative shall deeri any conduct on the part of the Irssee to b€ noted on the I-.essee Inspection RcPort, the Couoty shall notiry the Lessee in writinS of alleged willful yiolation or Inspection Rcport notation, and afford the Lessee a reasonable opportunity, of not less than thifiy (30) days, to cure allegcd violaiion. After the tequisite cure period, the County shall have the right to suspend the opemtion ofthe coDcession should thc Lessee fait to correct any such violation, conduct, or pmcticc to the satisfaotion ofthe County. County will not suspend operation durin8 the pendaDcy of the cure period. The Le6sc€ shall not commence operation during such suspemion until the violation has been corrected to the satisfaction of the Courty. Artjcle 36. PER-FORMANCE BOND. Upon executinS this Agr€emetrt, Less€e sball post with tbe Comty a performance bond in the amount of FIFTEEN THOUSAND ($15,000,00) DOLLARS. (Besr's cuide ofrating ofA- or above ) The performance bond shall be issued by a surety company authorizcd to do business in thc state ofFlorida, ard shall be released at the termination of this ASre€ment, Fovided Lessce has satisfied its obligations under this ASreement. Afiicle 37. INSURANCE. [Scc Article 9] Article 38. INDEMNIFICATION. The Lessee agrces to protect, defend, indermiry and hold harmless the County and its officerc, employees and agents from and against any and all losses, pqraltics, darMgcs, settlcments, costs, chatges, Fofessional fees or other exp€nses oI liabilities ofevery kind and character arisitlg out ofor relating to aDy and all claims, liens detrEnds, obligatiorN, actions, prcceedings or c.ulies of action of every kind and character with or arising directly or indirectly out ofour obligations under this Agreement or our performance ofthis Age€ment. Articlc 39. PERMITS; LICENSES; TAX.ES. The Lessee and the County agoe to coop€rate and to obtah all required govemment permits and licenses necessary for conducting busiaess, and I-essee shall pay for all permits obtained. The I-essee agrees to comply witb all laws goveming the responsibility of an employer with rcspect lo person errployed by the Lessec. The Lessee shall bc solely responsible for paymcnt ofany and all taxes lcvied on the concession operation. ln addition, the Lessee shall comply with all rules, regulations and laws of Collier Cormty, the state ofFlorida, or the U.S. Govemment now in force or hereafter adopted. Article40. UTILITIES. (A) The Irssee agces to pay for all publio utilities provided to the Beachside Facilities and used within thc concession operation, including but not limited to: clect ic, potable water, sewer and telephone. (B) Tbc Lessee shall, at its own cost, provide any propanc gss o! other fuels needed for its equipment and operation at the Park, under this Agreement. (C) The Lessee shall provide any communicatiotl system rcqufued for its busmess operatio& and such equipment shall not rtrterfere with any public telephone installation within the Park. 16.D.1.a Packet Pg. 1583 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) 器謝じ脳謡群艦蹴1鋼牒』麗￡認獅鷲」湖[臓紺島蹴l総電y驚 15・ OfCach month by AItlClC 2 hercor Article 43 ADMIlaSlRAT10N AdmuliStator Or hS dcsigncC ArtiCle tt NO■CES This agrccmcnt sha∥be adn■ulistcred on behalfofthe COulls by the COllnl (A) All notices from the Comty to tho kssee shall be deefired duly served if hand deliveled or mailed b registered or certified rnail to: NaPles Gnnde Resort 475 Seagate Drive NaPles, FL 34103 with a courtesy copy of all legal notices to: L)<R Legal DePaffn€nt 595 S. Fcderal Higlway, Ste 600 Boca RatoD, FL 33432 (B) All noticcs fiora the L-cssee to the Coulrty shall be deemed duly served ifhand delivered or mailed b registered or certified rrail to: Director ofParks and Reoreation Parks and Recrcation Deparf,Ent I 5000 Livirgston Road Naples, Florida 34109 (C) The Lessee and tie County may change the above maililg addresses at any time upon giving t other party written lotification A]l notices lmdff thrs ooncession agrcemcnt must bc in writing' Anicle 45. Section intentionally dcleted Anicle 46. NO PARTNERSHIP. Nothing herein oontained shall create or be c.oDstrued as creathg a parbership betwe the County and thc Lessec or to constitute the Lessee as an ageot of the Colmty' Anicte 47. ASSIGNMENI. Altiole 7 herein shall cortrol, Artiolc 48. COOPERATION. The Less€e agrces to reasonably cooperate with the Couoty iD conducting surveys and prouide .eports of visitor usage of concession s-ervices. wlere this Agre€menl Provides for the couoty to plovide for I Lo*ty to p.or.ia" a response ir perform an act uPon the Lossee's reques! the CouDty shall promPtly resPond or act upon su ,"q."i, "ria shall not uareasonably withhold its consent where Courty consent is required Any-right, power, pdvilege obiigation allocated to the County idministrator mder this Agrccrnen! trray also be Perfor ed by the County Administrato desi-grec. Further, the County agrecs to proyidc the Lessee with advance ootice of any sp€cial event and top coordinate w the Lssee regariing same. 6ounty also agrces to proYiale Lesse€ regardil€ same County also agre€s to proYide Lessee w notice of the ivailability of plans for any remodelhg ofrhe Beachside Facilities or the Boardwallc Anicl€ 49. FORCE M.A'EURE. In the event of Btajor StomL red tidcs, hufricaocs or other such ooounsroes, the coul shall remove or cause to be removeal any and alt debrf from Clern Pass Palk atrd associated Coulty facilities when deem fcasible by ttrc C.ountY. Article 50. ATTORNEY'S FEES. In the evcnt it becomes trecessary for cither party to litigate in orde! to. euforce rights under the terms of this Ageement, th€D tlre prevailing Party shall be e-Dtitled to reimbursement aom the other pary its'costs and reasonable attomey's fees, including thosc incured during appcllate Foceedings' Article 51. WAIVER. No waiver or breach of any coveoant or condition of this ASreeEent shall be taken to constitulr waiver of any s,rbsequeDt breach of such covenant oi condition nor to justify or authorize the Don-observance o,1 any otl 16.D.1.a Packet Pg. 1584 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) occa6ion ofthe same or aoy othea covenant or codditioa hereoi nor shall the inactiotr of Coung at any time when Lessee is default hereof b€ cotrshued as a waiver of such default or Couoty's rights to terEinate this AgrEemeot due to such defaull ! . shall my waive! ofhdulgence Sranted by County to L€ssee be taketr as arl estoppel against Courlty. Article 52. WAMR OF LOSS FROM IIAZARDS. The Lessee hereby expressly tvaives all claims against the Cour for loss or damage sustained by the Lessee fiom or by the publio, its gucsts and patrons. Article 53. CONFLICT AND SEVEMBILITY. The palties ogre€ that in case any ore or mole of ths provisio contahed itr this Agreement shall be held invalid, illegal or uoedorooablo in any respect, such invalidity, illegality, unenforceability shall Dot effect any ot[€r p.ovisioN thereot atrd said Agreement shall be coostrued as if such invali4 illel or unenforceable proyisions had never becn contained tlEr6in. Anicle 54. ENTIRE IJNDERSTANDING. This Concession Agr€emedt coDtains the final and cdtire understandiDg a agre€ment betw€€n the pafiies hereto, and supersedes sny pdor coDcessioD agreement or exteDsioDs ihercof between su parties or any tcrm, statement, representation, waranty or oonditlon, oml or writtcn, not contaired in this Ag:eeme However, the Beach Access Facilities Agreemetrt of November 15, t983 shall not be affected by this Agreement except exFessly provided herein . Aay modification of this Agieement must be in writing and signed by both parties. Article 55. FLORIDA LAWS. This Ageement shall be constued aDd enforced in accordance with the Iaws oflhe str of Florida. Lesse€ must be registercd to oonduct business in the slate of Florida and be able to fimish satisfactory proof such registration. Anicle 56. COMPONENT PARTS. This Agreemetrt consists of the following componeot parts attached hereto, ca component being a part of this Agreement as if hcrein set out verbatim: Insurance Certifi cate(s); and Perforna[ce Bond. Exnibit 'A" ARTICLE 57. Surrender of Premises LESSEE shall deliver up and surrcnder to LESSOR possession of the Demised Prcmises and any irprovemcnts upon expii'atioD of this Leas€, or earlier termination, broom clean and in a6 good cotdition arrd repair as the same shall be at the commcncement of the term of this Leasc o! may have been put by LESSOR or LESSEE duing thc oontinuance thercof, ordinary wear and tear and damage by firc or thc elemcDts beyond LESSEE S control excepted. ARTICLE 58. General Provisions LESSEE exptessly age€s for itselt its successor aad assigls, to rcfiain tom aDy aod all use of the Demised Pr€mises whiob would interfere with or adyersely affecl the operation or maiatenancc of LESSOR'S opcmtions whcre any such operatio[s share common facilities or otherwise. (a) fughts not spccifically granted the LESSEE by this Le.se arc heEby reserved to the LESSOR. O) LESSEE agrecs to pay all taxes imposod on the leasehold intercst o. othenyise rclated to the rertal of the Demised Premises to the extent applicsblc undor law. (c) LESSEE agees to pay all intangible personal pioperty taxes that may be imposed due to the oreation, by this L€ase, of a lBsehold interest in the Demised Premises or LESSEE S possessioa of said leasehold interest in the Demised Premises. ARTICLE 59. Environmental Concems LESSEE reFesents, warants and agrees to indeffiiry, rcimbuse, defend aod hold harmless LESSoR, from and against all costs (includiDg attorneys fces and all appeals) asserted against, inrposed on or incured by LESSOR directly or indirectly pursuant to or in cormection \r.ith tbo application of aoy federal, state, local or cofimon law relating to pollution or halrn to the environment dircctly caused by and lirked to the Lessee. ARTICLE 60, Radon Gas ln compliance with Section 404.056, Florida Statutcs, all partics ar€ hcrcby rnadc aware of thc following: Radon is a naturally occuring r6dioactive gas that, when it bas accudulated in a building in sufficicnt quantities, may prcsent health ri6ks 10 persons v/ho are exposed to it ove. tirne. Irvels ofmdon tbat €xceed fedenl and state guidelires have been found in buildings in Florida. Additio,ral infornation regarding mdon and radon testing may be obtaincd fiom your Cormty Public Health Depaftncr . ARTICLE 61. Genffal Provisions 16.D.1.a Packet Pg. 1585 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) . LESSOR irlly understan& that the police and law cnforcernent seculity protection plovided by law enforcement agencies to thc Demised premises is limited to that piovided to any oth6 business or ageDcy situated i[ .Collier County, and LESSOR aclcrowledges that any special security nEasures deemed necessary for additional protection of the Demiscd Premises shall be the sole rcsponsibility ard cost of LESSOR and shall involve no cost or expense to LESSEE. ARTICLE 62. Extent of Liens All persons to whom these plesents may come arc put upon notice that llo irterest of the LESSOR in the Demised Premises shall be subject to liens for irnprovements rEde by the LESSEE, &lso liens for irrprowments made by the LESSEE are specilically prohibited fiom attaching to or becomirg a lien on the interest ofthc LESSOR in the Demised Premises or aDy part of either. This notice is given puIsuant to the provisions of and in conDliance with Section 713.10, Florida Statutes. ARTICLE 63. Effective Date This Leasc shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 64. Goverinq Law This Lease shall be governed by, ard constsued in accordrnce with the laws of the State of Florida. N W[fNE.sS WHEREOF, thc parties hcreto havc hereutrder s€t forth their hands and seals. AS TO THE LESSOR: LESSEE:Resort & DATED:」出盤こ写′ω7 WTNESS Gignature) (print name) UPDATED: Septenber _ 2007 ■clL"Parmcrs.LLC dL/a Naplcs Crandc Club BOARD O「COtlbrrY 16.D.1.a Packet Pg. 1586 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement) EXHIBIT A Lcssee Concesslon and Deck Area0 16.D.1.a Packet Pg. 1587 Attachment: Naples Grande Beach Resort Amendment CAO 2017 (3353 : NWNG LLC dba Naples Grande First Amendment to Lease Agreement)