Loading...
Agenda 09/08/2015 Item #16E149/8/2015 16.E.14. EXECUTIVE SUMMARY Recommendation to approve an Assignment of Lease of office space at the Port of the Islands Marina from The Islands Marina, LLC and Port of the Islands Properties, LLC to Prepmac LLC. OBJECTIVE: In order for the County's tenant, The Islands Marina, LLC and Port of the Islands Properties, LLC (Tenant), to proceed with the sale of its business at Port of the Islands Marina, an Assignment of Lease is required. CONSIDERATION: As a condition of the County's purchase of the Port of the Islands Marina in 2008, the Board agreed to lease two offices to the Tenant within the ship store. The Board approved a Lease Agreement on December 19, 2008 consisting of a nine year term, which is scheduled to expire on December 31, 2018, and with an annual rent of $1. The attached Assignment of Lease will release the Tenant of the terms contained in the Lease Agreement with Collier County and will assign those conditions contained therein to the new tenant, Prepmac LLC. FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary. GROWTH MANAGEMENT: There is no Growth Management Impacts associated .with this Executive Summary. LEGAL CONSIDERATIONS: The attached Assignment of Lease Agreement is approved for form and legality and requires a majority vote for Board action. — HFAC RECOMMENDATION: That the Board of County Commissioners approves the attached Assignment of Lease Agreement and authorizes it's Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist, Division of Facilities Management Packet Page -1984- 9/8/2015 16.E.14. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.14. Item Summary: Recommendation to approve an Assignment of Lease of office space at the Port of the Islands Marina from The Islands Marina, LLC and Port of the Islands Properties, LLC to Prepmac LLC. Meeting Date: 9/8/2015 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior, Administrative Services Department 8/27/2015 9:56:31 AM Submitted by Title: Property Management Specialist, Senior, Administrative Services Department Name: DowlingMichael 8/27/2015 9:56:32 AM Approved By Name: pochopinpat Title: Administrative Assistant, Administrative Services Department Date: 8/27/2015 10:09:47 AM Name: LinguidiDennis Title: Division Director - Facilities Mgmt, Administrative Services Department Date: 8/27/2015 10:27:57 AM Name: MottToni Title: Manager - Property Acquisition & Const M, Administrative Services Department Date: 8/27/2015 12:09:17 PM Name: WilliamsBarry Title: Division Director - Parks & Recreation, Public Services Department Date: 8/27/2015 4:22:05 PM Packet Page -1985- Name: AshtonHeidi 9/8/2015 16.E.14. Title: Managing Assistant County Attorney, CAO Land Use/Transportation Date: 8/27/2015 4:34:33 PM Name: PriceLen Title: Department Head - Administrative Svc, Administrative Services Department Date: 8/27/2015 4:45:37 PM Name: KlatzkowJeff Title: County Attorney, Date: 8/28/2015 8:56:28 AM Name: WellsLaura Title: Management/Budget Analyst, Growth Management Depar Date: 8/28/2015 10:13:11 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 8/28/2015 10:22:25 AM Packet Page -1986- 9/8/2015 16.E.14. ASSIGNMENT OF LEASE AGREEMENT This Assignment o':' Lease Agreement is dated this of September, 2015, by and between Tht Islands Marina, LLC, a Florida Limited liability company, and Port of the Islands Properties, LLC, a Florida limited liability company, hereinafter collectively referred Lo as "Assignor" and Prepmae LI.C, a Florida limited liability company, hereinafter referred to as "Assignee ". in consideration of the sum of Ten Dollars ($10,00) and other good and ralvmble consideration paid on this day, Assignor herei y assigns a1': its riZhM, interest and obligations in that certain Lease Agreement dated December 19, 2008, by and between Assignor as Lessee and the Board of County Commissioners of Collier Ummy, Florida, as lessor, to Assignee. Assignee does hereby agree to assume all rights, interest and obligation: of Lessee under said Lease. Exhibit A, the Leas.- Agreement dated December 19, 2008, is at'Weac4 hereto and made a part hereof this Assignment of Lease. IN VdITNESS WHEREOF, the parties have executed this Assignment, the date fast a itten above. NVITNESSES: V11IT4ESSES: (print or type name) `� rr (print or tyke name; ASSIGNOR: The Islands Marina, LLC, a Florida limited liability company Pa o t Islands rtie LLC, a lorida limited liability pang Christopher Shucart, as Ma:.ager of both / DATE, LXLC TED: r �� �t t -7— ( Corporate seals ASSIGNEE: Preprnac LC, u "Mridyrjimited liaUil y company Scot: Prephan, Mat iernl? r VAT's.: FXF.C=: (Corporate seal) Conscnt .-d to this day of 12015. A=ST: DATED: DV4IGHTL. BIRDCK. C:icii: Deptry Clerk BOARD OF COUNTi' CO%- W1ISSIOINTRS COLLIER COUNTS'. I= LOIW)A BY: TIM NANCE, Chairman :38S { -W 1 &2377717;1 - Approved as to form and legality �i r1L. A..',.,.,r r Attorney Packet Page -1987- LEASE AGREEMENT 9/8/2015 16.E.14. Lease # pp_ — a Z::� f THIS LEASE AGREEMENT entered into this IM TN day of December, 2008, between The Islands Marina, LLC and Pori of the Island Properties, LLC, whose mailing address is 2614 Tamiami Trail North, Suite 615, Naples, Florida 34103, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR." W'ITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Suites #1 and #2 located at 525 Newport Drive, Naples, Florida 34114, which is further described in Exhibit "A," and which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of operating a marina sales and property management office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of nine (9) years, commencing on January 1, 2009 and ending nine (9) years from that date. LESSOR reserves the right to terminate this Lease, upon material default by Lessee, by providing LESSEE with sixty (60) days written notice to the address set forth in Article 14 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. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Dollar and 00 /100 Cents ($1.00) per annum. The rent for the entire lease term shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. ARTICLE 4. Other Expenses and Charges LESSEE shall pay all costs associated with telephone and any communications service as well as janitorial services rendered at the Demised Premises. LESSOR shall have no obligation to provide any of the aforementioned services to the Demised Premises. LESSEE shall pay a monthly fee of Ninety Dollars ($90.00) to LESSOR at the address set forth in this Lease, for electrical service. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and 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 sixty (60) 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 sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. 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 then and future applicable laws, a i Packet Page -1988 - 9/8/2015 16.E.14. ordinances, rules, regulations, and requirements of the United States of'America, State of Florida, County of Collier, and any and all governmental agencies. LESSEE may install signage on the exterior of the Demised Premises, provided that such signage is consistent with the style and quality of existing signage and accords with applicable laws and regulations. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if 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 repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete 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 contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access to 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 Agreement. ARTICLE 7. Assignment and Sublettine LESSEE covenants and agrees not to sublet any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. LESSEE may assign its rights hereunder with the prior consent of LESSOR, which consent shall not be unreasonably conditioned, withheld, or delayed. 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 consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 8. Indemnitt 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 trail 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. 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. Packet Page -1989- 9/8/2015 16.E.14. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies) pursuant to the provision of the Florida Insurance Risk Management Trust Fund and pursuant to the provisions of Section 768.28, Florida Statutes, during the tern of this Agreement. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/] 00 Cents ($100,000.00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. 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. LESSEE shall also ensure that the insurance coverage provided in accordance with this agreement shall require that the company or companies writing such insurance policy(ies) shall provide to LESSOR written notice of cancellation thirty (30) days prior to the proposed cancellation. 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. ARTICLE 1,0. Maintenance LESSEE shall keep the Demised Premises clean at all times at its sole cost and expense. ARTICLE 11. 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 LESSEF, as specified in Article 2 of this Lease, unless the default be cured within the sixty (60) day 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) after 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: Board of County Commissioners c/o Real Property Management Building `W' 3301 East Tamiami Trail Naples, Florida 34112 cc: Office of the County Attorney ARTICLE 14. Surrender of Premises LESSEE: James and Christopher Shucart The Islands Marina. LLC and Port of the Island Properties, LLC 2614 Tamiami Trail North Suite 615 Naples, Florida 34103 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 Packet Page -1990- 9/8/2015 16.E.14. 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 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 16. Environmental 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 17. 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 found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Extent of Liens All persons to whom these presents may come are 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. Effective Date This Lease shall become effective on January 1, 2009. ARTICLE 20. Governing Law 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 THELEOSOR: �r DATED: Je e�iJ10 AlW- T-'- D iCsi�HT�E.'$At?CK,1erk 0eputy-Clerk- BOARD OFqOUNT1,J COMMISSIONERS COLLIER UN FLORIDA Y: •_ TOM ENN G, vrairm an Packet Page -1991- AS TO LESSEE: DATED:_ /lt r' E (si ture NAB FO 4c— (print name) YVITNE9S sii tture) ` (print name) W �.,. (print name) ITNESS (sgnajure) (print name) Approved as to form and legal sufficiency: Jenn er . Belpedio, Ass t County Attorney 9/8/2015 16.E.14. The Islands Marina, LLC and Port of the Island Properties, LLC BY, ES SHUCART `��- -- - BY: CHRISTOPHER SHUCART Packet Page -1992- 9/8/2015 16.E.14. C—X f4..Bi r 'A' �t'u4t t .50NYiS� HlsO laOd red e..... _ v' 4 tr Packet Page -1993- �ifG111t11AtAlllllllt �Iii911111l1111lIIHI Ills�luao�unl�aulnr'i �IIf1111iilAll11111I1i urrrrirrororrwnn �iS11i11111111o111e1!1!1