Agenda 04/10/2018 Item #16C 304/10/2018
EXECUTIVE SUMMARY
Recommendation to approve a Third Amendment to Lease Agreement with Drop Anchor Mobile
Homeowners Association, Inc. to allow replacement of up to nine mobile homes currently located
within a narrow strip of right-of-way along Papaya Street in Goodland, Florida, resulting from
damage incurred during Hurricane Irma or other conditions or circumstances beyond the
reasonable control of the owner.
OBJECTIVE: An amendment is required to allow Drop Anchor Mobile Homeowners Association, Inc.,
to replace damaged mobile homes within the boundary of the original leased area.
CONSIDERATIONS: Since 1991, Drop Anchor Mobile Homeowners Association, Inc. (Association)
has leased a narrow strip of right-of-way, approximately 12 feet by 103 feet, along Papaya Street in
Goodland, Florida. The purpose of the original lease was to capture the Association’s encroachment of
nine mobile homes that were inadvertently placed on county right-of-way.
In the aftermath of Hurricane Irma, one of the mobile homes was damaged and determined to be
uninhabitable. The owner petitioned the Association for approval to replace the unit with the same size
mobile home that is currently placed upon the lot. The Association then contacted the County for
authorization for its replacement. At that time, the Office of the County Attorney determined that an
Amendment to the Lease (Amendment) would be appropriate to address the replacement of the hurricane -
damaged unit and to address the replacement of future units that may be destroyed by conditions or
circumstances beyond the reasonable control of the owner, such as, but not limited to, abnormal weather
conditions, hurricanes, floods, lightning, explosions, fire, or earthquake.
The Amendment pertains only to the replacement of the nine mobile homes currently located within the
leased area, and no additional mobile homes will be allowed within the leased area.
The original termination provision allowing the County to terminate the Lease by providing the
Association with ninety days termination notice remains in effect.
All other provisions included in the original Agreement, except for that listed above, shall remain in
effect.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
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: That the Board of County Commissioners approves and authorizes the
Chairman to execute the Third Amendment to Lease Agreement with Drop Anchor Mobile Homeowners
Association, Inc. to allow replacement of up to nine mobile homes currently located within a narrow strip
of right-of-way along Papaya Street in Goodland, Florida, resulting from damage incurred during
Hurricane Irma or other conditions or circumstances beyond the reasonable control of the owner.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Drop Anchor Third Amendment 2018 (PDF)
16.C.3
Packet Pg. 643
04/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.3
Doc ID: 4898
Item Summary: Recommendation to approve a Third Amendment to Lease Agreement with Drop
Anchor Mobile Homeowners Association, Inc. to allow replacement of up to nine mobile homes currently
located within a narrow strip of right-of-way along Papaya Street in Goodland, Florida, resulting from
damage incurred during Hurricane Irma or other conditions or circumstances beyond the reas onable
control of the owner.
Meeting Date: 04/10/2018
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
02/26/2018 1:13 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
02/26/2018 1:13 PM
Approved By:
Review:
Transportation Engineering Kevin Hendricks Additional Reviewer Completed 02/26/2018 1:34 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 02/27/2018 2:26 PM
Facilities Management Toni Mott Additional Reviewer Completed 03/07/2018 4:55 PM
Facilities Management Dennis Linguidi Additional Reviewer Completed 03/19/2018 5:05 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/21/2018 12:24 PM
Solid and Hazardous Waste Sarah Hamilton Additional Reviewer Completed 03/21/2018 1:42 PM
Public Utilities Department Heather Bustos Level 1 Division Reviewer Completed 03/22/2018 10:40 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 03/22/2018 1:34 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/26/2018 3:58 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/27/2018 7:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/27/2018 3:26 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/29/2018 12:03 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/29/2018 3:22 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
16.C.3
Packet Pg. 644
Lease #75 I
THIRD AMENDMENT TO LEASE
DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATIONS. INC
THIS THIRD AMENDMENT TO LEASE ("Amendment"), entered into this _ day of
2018, by and between DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION,
INC., a Florida not for profit corporation, whose mailing address is 414 Papaya Street, Goodland, Florida 34140,
hereinafter referred to as "LESSEE," and Collier County, a political subdivision of the State of Florida, whose
mailing address is c/o Real Properff Management, 3335 East Tamiami Trail, Suite l0l, Naples, Florida 34112,
hereinafter referred to as "LESSOR."
WITNESSETH
WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated April 30,
199l, a First Amendment to Lease dated April 25, 2006, and a Second Amendment to Lease dated April26,2016,
collectively hereinafter referred to as the 'Lease.'
WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease to allow existing mobile
homes (known as Appurtenances in the Lease Agreement) to be replaced due to damage caused by Hurricane Irma
or any other weather events or circumstance beyond the reasonable control of LESSEE; and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and
Ten Dollars ($ 10.00) and other valuable consideration, the Lease is hereby further amended as follows:
l. The following provision shall be added to Article l, Demised Premises, ofthe Lease:
In consideration of the payment of rents and the performance of the covenants hereinafter set forth,
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR property located within the right of
way of Papaya Street, Goodland, Florida, and which is more particularly depicted on that attached Exhibit 'A',
hereinafter called the 'Demised Premises,' for the sole purpose of allow existing mobile homes (Appurtenances) to
remain within the Demised Premises.
No new ApDurtenances shall be allowed to be placed within the Demised Pre mises. Horvever. LESSEE
II lowed to lace of the n inc exisli rtenanccs t II rricane Irma or an
other rveather events or circumstance bevond the reason le control of the LESSEE only to be olaced within the
same footDrint as the existins Appurtenance. Such ev ents or circumstances. includins. but not limited to
exolosion. fire. earthquake. abnormal weather condition. hurricane. flood. liehtnins. and wind. LESSEE shall
ADDUrtenance. LESSEE acknowledqes that the Termination rovisions set forth i icle 2
LE RofLE SEE's intentions at least ten business da or to the new i lati
n Art mav be exercised bvn
LESSOR for any reason and that LESSEE continues to be responsible to remove al! 4BpurtgDalsjEgspgrlllc
when placed on the Demised Premises
2. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and
conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
Signatures appear on the following page.
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IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and
year first above wriften.
DROP ANCHOR MOBILE HOMEOWNERS
ASS ION, INC., A F orida not for profit corporation
,{laia
(print name)
AS TO THE LESSOR:
DAI'ED:
ATTEST:
DWIGHT E. BROCK. Clerk
BY:
, Deputy Clerk
Approved as to form and legality:
Jenni Belpedio, Ass County Attomey
BY:
L2-
Print name an itle
COLLIER COUNTY,
a Political Subdivision ofthe State of Florida
BY:
Andy Solis, Chairman
(
tness SI
SS SI re)/4
)
2
AS TO T}IE LESSEE:
DATEDIV /, / Y,n,./ L/L,h /,/t"rLn,/,)-
l./e ( A ,1,, L..1t: /,)
Prirlt name
al-n
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16.C.3.a
Packet Pg. 646 Attachment: Drop Anchor Third Amendment 2018 (4898 : Third Amendment to Lease Agreement with Drop Anchor Mobile Homeowners
Lease #751
SECONDAMENDMENT
TO LEASE
DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATIONS, INC.
^,-f*TrUS SECOND AMENDMENT TO LEASE ("Amendment"), entercd inlo this Z a day of
2016, by and bet$'een DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION'
INC., A Florida not for pro fit corporation, whose mailing address is 414 ?apaya Street, Goodland' Florida 14 140'
hereinafter referred to as "LESSEE," and Collier Counfy, a political subdivision of the State of Florida, whose
rnailing address is c/o Real Property Management,3135 East'lamiami Trail, Suite l0l, Naples, Florida 34112,
Irereinafter referred to as "LESSOR."
WITNESSETTI
WIIERI,AS, the LESSEE and LESSOR previously cntcrcd into a Lease Agreement dated April 30, l99l
and a First Amendment to Lease dated April 25, 2006, extending the tenn of the lease for ten years, attached hereto
as Exhibit -A" and collectively referred to as the 'Lease'; and
WHEREAS, the Lease is set to expire on April 30,2016; and
WI{EREAS, the LESSEII and LESSOR desire to extend the Lease for an additional ten years.
NOW, TI IIRIIFORE, in consideration of the covcnar'|ts and agreements provided within the Loase, and
Ten Dollars ($ 10.00) and olher valuable consideration, the Lease is hereby further amended as follows:
l. Article 2 ofthe Lease Agreement, as amended, is hereby amended as follows:
RTICLE 2. Term of Le:se. Eff'ective Aoril 30, 201b l'+af+-,+gOg, this L,ease is extended ten (10) years
- to April )9,2026 10r.30{6. Notwilhstanding anlhing in this Lease, either party may terminate lh;s Lease
rvithoui cause by providing the other pady with not less than sixty (60) days advance written notice of tl]e
terminating party's intent to temtinale delivered to thc lhcn existing corroct rnailing address ofthe non-termination
party."
2. Exccpt as expressly provided herein, the Lease remains in full force and effect according to the terms and
conditions contained therEin, and said terms and conrlilions are applicable hercto cxcept as expressly provided
otherwise herein.
lN WITNESS W|IEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and
year first above written.
AS TO TTIE LESSEE:
DROP ANCLIOR MOBII-E HOMEOWNERS
ASSOCIA N, tNC., a Florida not for profit corporationoDAl'EI)
itness (signature)
BY:
D / < C.e,/LL
Print name
(p nn ame)
I]ESS (signa
(p t name)
,^
./Q €V @
linl (/r,,l.,lo; n
PtEttr', n,^llt-l oA
Print title
16.C.3.a
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AS TO THE LESSOR:
DA y'd c
erk
Atest asto
signature onl)|.
as to and legaliry:
R.
Assistant ty Attorney, Collier County
BOARD OF COUNTY COMMISSIONERS,
COI-I-IER COUNTY
BY:
Donna iala, Chairman
2.
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trssc 751
FIRST AMENDMENT TO LEASE
DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION' INC'
THIS FIRST AMENDMENT TO LEASE is cotered into lhis ZISay of 2006, at Naples,
Collicr County,Florida, by and betwccn Collicr Couoty, a Political subdivision tle State of Florids, whose
' and Drop Aachor Mobile
14 Papaya St cct, P.O. Box
m6iling sddress is 3301 Easr Tamiami Tnil, Naples, Florida 34112''LESSOR'
Homcownels Association, Inc., a Florida C
308, Goodland, Horida 34l40, "LEssEE."
orporation, whosc mailing address is 4
WITNESSETH
WHEREAS, LESSEE and LESSOR cnlcrcd into the subject kase Agreemcnt, dated April 30, l99t; 8nd
WHEREAS, LESSEE End LESSOR dcsirc to amcnd tlut kasc by cxtcnding thc lease tclm for an sdditioml tcn
(lO) ycars aJd to sufiorize eithcr party to lermhate thc Lease without clusc, as spcciEed in revised Atticle 2.
Now, THEREFoRE, the oriSinal t-€ase is hereby amended only as follows:
l. This Article 2 of the lrase Agreement replaces and suPersedes Afliclc 2 in lhe original trase'
'ARTICLE Z Tcrm of kasc. Effectivc May I , 2m6, fiis trasc is extendcd len ( I 0) yeo$ - to April
30, 2016. Notwithstanding anyhhg in tbis trase, cither pany may tcrmi[atc this lrase without cause by
providing the other pany with not lcss thsn sixty (60) days advancc written notice of the tcrminatioS Psrty's
inrent toicrminate delivered to the thcn cxistiog corrcct mailing addrcss of thc non{ermination Pany "
2. Except as expressly provided hcrcirl, thc original l,ease remains in full forcc
LESSEE:
DROP ANCHOR MOBILE MEOWNERS
ASSOCiAT N,c
BY
M
First witncss (print Dame)
ccond Witncss (sigoature)
Second Witness name)
Clerk
AS TO THI TESSOR:
DATED: aer.+ .r I o]-(-\ (,_1r-
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY
ATUJST!
D\-I{GTIT,
LESSOR:
FRANK IIAI-AS, Chairmao
BY
Approved as to form
A'itrst .r to Ch. t n!!, I
ailgnrturr on t.
fficiency:
s--(l - 2+to
Thomas C.islaot AIomey
AS TO TrIE LESSEE:
16.C.3.a
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7€/
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. IJEAAE TCREEI.{ENT
m:U, LEtaE AGnEEIIENT is entsrsd tnto this 3 !- ouy ot ,&l/-,tg?l , u.cr""n coLLrER couNTY, a por itical-subd-iv ii ion TTEE-st-atoof'fi6rlda, hereinafter r€f6rr6d as trLEssoR" and Drop Arichor Mobi]e
lloheosners Association, rnc., a Florida corporat.ion, hereinafterreleEed to as 'rLEssEErr, sets forth the terns and condllj,ons forutllj,zation of real property localad wlthin the right of lray of
Papaya Stroet, Goodland, Florlda.
I'ITNEASETI
lBIIcLa 1. DoElssd PreElsss
lnIfCf.E 2. tsr! ol L..ac
In eonsideration of the payEent of rents and the perforDance ofthe qgvenants herelnafter s€t forth, IISSOR hereby leases to LESSEE
and LESSEE herEby leas€s trou LESSOR property Located uithin thcrlght of ,ray of Papaya Stre€t, coodl,and, Flori.da, and thlch is Eoreparticularly deplcted on tho attached Exhiblt trAtr, hereinalter
ca116d the "Denised PreBlaas", for tbe sole purposa of alLoi.ringexistlng Dobile horea (Appurtenances) to renaj.n lrithi,n the DeuisedPremises.
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to have and to hold lor a terr of five (5) y€ar(s), connencingon Uay 1, 1991, rnd terEinatlng on Aprll 30, 1996. LESSEE isgranted the optLon, provided lt is not in default o! any of the
CerEg of t,his Leas6 to renet saEe for tvo (2) .dditlonat terEs offlve (5) y6ar(e), undsr the t.rEB and condiElon! .s provlded lorherel,n.
LESSOR lay t.rninate th!,s L€aE€ upon ninety (90) days plj.orrEltten notic. to thg ESSEE. Sald notice ahaLl bs sent to the
LESSEE'S addrsea, as set lorth ln !}lls Lease; and shall coDrence
upon the placenent of notica in the U.S. Mail, ragistered orqertl!16d Eai,t, postage prepaid.
lSfICLl l. XlnlEuE R.nt
LESSEE h6reby covenants and agr€es to pay as rent for theDeula€d ProDisas the suE ot T6n DoLlars and OOI1OO Cents (g1O,OO)p6r annut!, .Il, of irhlch shall be due and payable in advance on thedata Eet forth ln Artlcle 2.
lillc!,! a. IJg3re.,! Dqltult ln Plvpopt
In the evont LESSEE fails to pay the rentals, fees or charqesas rsqulred to b6 paj,d und€r the provisions of this Lease, lailireto pay shall conslltute . dolauLt and LESSOR Day, .t its option,terElnate this L€aEe after sj.xty (60) days urita€n netice to LESSEE,unl,6as th6 default be cured lrlthln the notice perlod.
fAtlct! 5. liodltlc.tlonr to D.El!.d pr.!Is.3
Prlor !o naklng any changesr alteratlons, additlons oriDproveEentg to those €xistlng Appurtenanceg as ghoen on theattached ExhLbl,t nBn, thlch are wlthj,n the Denl,sed Prs[lses, LESSEEulII provlde to LESSOR al,L propoaalE and p1anE tor al,terali,ons,Ltlproveuents, changgE or addlttons !o lhe DeDissd preulses fgr
LESSOR'S vritten approval, 6p€cllylng ln rritlng Cha nature andext€nt of the deslred alteratlgn, _ lDproveEent, change, or addllion,along vlth ths eonteBplated startlng .nd cotipletlon tllltg lor suchprojEct, LrssoR or 1ts d6sl,gn6e vlII then havs thllty (to) daygwithln L,h1ch to .pprave or deny ln rrrielng said requelc for chinges,lDproveEents, .Ltaratlons or addltions. LEssoR shatl notunreaaonably wlthhold lts consent to requlred or apprapriatealt6ratlonr, lDproveDents, change. or addltlons pr-poaaa by LEssEE.If afta! thl,rty (3O) days there h.s been no response irou
LESSOR or lts do8lgne6 to sald propoaala or p1.n8, then such .Il6nceshrll be deened aa a denl,al, to such request. of LESSEE. If uponobtalnlng !,rltcen consent and coElenclng sald changes, alter;tj.ons,addltlons, or iDproven€nte, !,ESSEE tait6 to coropleie its work ,rl,thinthe catlpl,etion tine as approvsd by LESSOR, IASSOR nay at i,tsel:igglon coEplete said changea, lnproveDents, altoraalons, oraddltionE. I! any coEts are lncurred by LESSOR as thq rssult ofLESSEE,S failure to begin, start or complete the propoEed project
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6nd by LESSoR,S completlon of the proposed prolect, thgn upgn denondand ylthin thlrty (lo) days.qf t.he denand, LESSEE shall pay to
LESSOR the anount of cost incurred by LESSOR. No electi,on-toperfonr by LESSOR shalI constitute uaiver of any covenant orobllgatlon of LESSEE or any luture default.
LESSEE covenants and agrees in connectj,on uith any llaj.ntenance,repair work, erection, conslruct.lon, inprovernent, addition oralteratlon of any authorized Dodificatj,ons, addicions oriEprovanents to the Deroiged pronises, to obsarvB and cgDply eith aI1present and future lalrE, ordinanceg, rules, regulations, andrequlrEDents of the Unlted States of Amerlca, stat6 of Florida,County of CoLlier, and any and all governEental agencias.
Al,l, .1teratlons, lDproveroents, and addltlons to saLd DenlsedPreE1ses shal], be nade 1n accordancs uith all appl,icable Lavs andshal,l a! once, vhen EadE or lnstall,ed, ba deaned as attached to thefreehoLd and to hav€ becon. property of LESSOR and shall rehain forthe b6n6flt of LESSOR at ths end o! the tems or other expiration orternlnatlon o( thj,E Lease in as good order and condltion is theywers uhen Instal,led, reasonable wear anal tear exceptedi provided,howev€r, 1! prj,or to the lemlnatlon of thls L€as6; or wittr:,n enirty(30) days thereafter LESSOR so directe, LESSEE shall proEptly reDov;the additions, improvaDents, alteratlons, fLxtursE anit initailatlonsvhlch 116r€ placed in, on or upon the Dquised proDises by IESSEE andwhtch.are deslgnated ln said notlqe, and repalr any dauigeocqaslonod to the Danised pr€Elses by Euch ;enoval-and i; defaultthereof, LESSOR toay etfeqt said r6novals and repairs .t LESSEETSexpense.
LESSEE covenants and agrees not to use, occupy, suffer orpemlt sald oeDised Preuises er any par! lhereof to be used oroccupied lor any purpoae oehar than itg preEenB uEe,
llIICIJl 6. lcc.as to D.!I!ad pr.!Is..
LESSOR, i,ts duly .uthorized agents, rap;esentativ€s andenployeos, shall havs the right alter reasonabl.6 notice to I.ESSEE,to-snt8r lnto and upon th€ DeDlsed prernises or any part thereof aial,l, reasonable hours for the purpose of roaintaining papaya Streetand for the purposs6 of inspection for coupliance iitn tieprovi.alons ot th19 l.€age,
lIlICM. lsrlqntlellt lpd auDl.ttlpg
LESSEE covenants and agrsea not !o asaign thlg Leag€ or tosubLet- the shols or any part ot the DeDlaed ireui,ees, or to perEltany other per8ons !o occupy aaDe wlthout the urllten consent ofl!!t91. Any auch assignEent or subt€tting, even rrieh the conaent ofLESSOR, shal,l not rel.levs LESSEE fror liatlllty for paynent of rentor other au&s her6in prevlded or fron th6 obllgatlon-t6 keep and bebound by the t€rDs, condltions and covenants oi this L€ase. Th6acceptancs o! r6nt fron any other persqn shall not be deened to be alraiver ot any of the provlslons of thls I€ase or to be a consent toths aEslgnEent of this Lease or sublettj.ng of th6 DeEised preEises.
llIIC&I a. Xtl.ntonano.
I,ESSEE shall, at lts solo cost and expenser keep the DenlsedPreEi6€s cl,6an at aIL rines. It sai.d DeEi;qd preoises ur" noi-i.ptclean.ln the oplnlon ot LESSOR, LjeSSEE,S Danager eiII be so advisidin writing.. I! corrective action is not takei wi.trrin five-fii'aaiso! thc recelpt of such notlce, LESSOR lrlll cause the sa[e to becleaned rnd corrected and LESSEE shell, assung and pqy aII nocesaarycloanlng coata and auch costs shall constitut" aaaiti,onii i"^i-"ni!.,
:!:ll b:-elid. by, LESSEE -ulthln r€n (10) days o! receipt of nrlttennoElc. ot costs lncurE3d by LESSOn.
IBIICL! t. rn.urrloa
L.EssPP fll3ll provldo rnd u.lntaln gsngral li.bj,tlry andproporty.llablllty lnauranca pollcy(tss), rpproved by tir. colIl.Ecounty Rlsk- t!.nagenent DepartDsnt, for not iess ttran'five ffunOiea
l::y:"":. Dot L.E! rnd. Nolcents ($500,000,00) conbinnd stngle l.inltsdurlnE th€ terln of thls L€ns6. fn addLtton LESSED BhaIL-DaintainWorker, g CaDpgngatlon Inguranco cov€rlng all. enploy€es neetingstatutory Llllits 1n coupl.lanc. uith the appllcaile'atate .nd fede.al
16.C.3.a
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IanB. The coverage shall include Enployer's Liability wilh a
nj,ni!|um IiniE of one Hundred Thousand DoIIars and No/100 Cenls
(9loo,000.oo) each accident.
such insurance policy(les) shall Iist collier county as an
addltional insured thereon. Evidence of such insurance shalI be
provided to the ColLier county Rlsk }lanagenent Departnent, l3O1 East
TaElaDi TraiI, BuiIdlng r'Fr', Napl,ss, Florida, 33962, for approvalprior to the colnnenceDsnt qf thls I€ase Agreenent, and sha],l include
a provlslon regulrlng ten (Lo) days prlor vrilten notlce Co coll'i€r
County c/o County Rlsk I'lan.geDent Departbent ln ths event o!
c.ncellatlon or changes ln pol,Icy(les) coverage.
IBIICLE 10. IndsEhl.tw
LESSEE, i.n conslderation of One Doll,cr (91.0o), th€ r€celpt and
sufflclency of whj,ch is accept€d through th6 signing of this Loas6,
agrees to hold hamlesg and defend ColLier County, the Board ot
County CotonlsslonerB ol colll,er Cgunty, Flgrlda and thsir agentE and
eEployees, froE lny clalDs, asseltions, or cause o( aclion for any
l,oas, lnjury, or danagB to person6 or property arisinE lroll or
aEsoclated q'ith LESSEE,S actlvltles or use o! thE DeDised Proulsss.
LESSEE further agrees to lndeDnlfy CoIller County and the Board of
county comilisslonera of colller county for any costs, expenges or
le€s arislng (ron any cla.ins or cause of ac!1on for Loss, injury or
da8agB co persons or property arlslng froE or associ,ated lrith
IJSSEE'S actlvlties or use of the DsEIsed Prenises. LESSEE hareby
acknouledges that Ehe canslderatlon called for in this tease haE
b6en rsduced by One Dollar (S1.00) and j,s hBreby considered by
LESSEE as paynen! of this obligatlon by the LESSOR.
l8ltctE 11. utl l ltl.r
IJSSEE shalL b€ responslbl.€ for the dlrect pa)'Eent to theapproprlat6 coDpany for all utll,itlee and servlces supplled to the
DeEls6d Prolnls€8.
o Fallure of I.ESSEE to coDply vith any provj.sion or covenant o!thIB Iaaae shall congtituts a d€f.ult, and €xcept aa provlded lor InArticle { abov€, LESSOR Eay, at LtE optlon, terDinate thls l2asea!!er thj,rty (30) days vrltten notlce !o !.ESSEE, unleas th€ defaultbe cured ulthln !h€ notLco perlod (or such .dditlonal tiEe as lsr.agonably requlred to correct such d.!ault).
lltllcL! 13. Il!-Ll!l,Ll_-hl:.Lr.e!eI
LESSoR EhaII ln no €vont be charEed lrlth dofaul,t ln theperlorDancs of any ol lts obLlgations hereunder unlees and until
I.ESSOR shalL have fall,ed to parforln euch obllgatlons uithln thj,rty(3O) dayr (or such addltlonal tlD. .s la re.aonably rogulred tocorrect 6uch defeull) after notlce to I.ESSOR by LESSEE proporLy
spsci!y1ng wh€reln LESSOR has falled to psrfom any such
obl.lgatlons,
lRlICLa 12. D.frultr bv Lars..
lnller,! la, Notlo.t
IJEAAORT
Bolrd ol Cgunty CoElLsslqnors
R€aI Prop€rty tlgrEC. DEpt,
3301 TaDl.rlI Tral,1 Eaet,llrples. Plorlda 1f9 62
llIICL! 15. 8u!r.nd.r ot Pretllrrt
Ary notlca uhlch LESSOR or LESSEE Day be regulred to glvc Eothe other party EhaLl be ln url,llng to thq other party at thefoll,ot l,ng addrEaa€a i
LZgaAZt
Drop Anchor l{obll,e Holieowngra Aaaac,c/o Houlrd Urban, presld€nt
Box 252
GoodLand, Plorlda 33933
o LESSEE covonants lnd !9rs6a to dellvar up and surrender to LESSORposso8slon of thE OeEl€ed PreDls6s and any lnproveEents to thq DeEis€dPreDlsea upon explratlon o! thrs Laass, or itE earller t.etain.tlon aeh6ro1n provLd€d, ln .s good condltlon and repair .s the satne shall be
16.C.3.a
Packet Pg. 652 Attachment: Drop Anchor Third Amendment 2018 (4898 : Third Amendment to Lease Agreement with Drop Anchor Mobile Homeowners
at the comnencernent of the terlll of this
LESSOR or LESSEE during lhe continuance
tear and daEage by flre or the eleDents
excaPted.
* 1s
IEase or may havo boon put bY
thereof, ordlnary vear and
beyond LESSEE's control
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fnl:CIJl 16. Genlral Provl si.otr!
LESSEE fully understands that the pol1c6 and lai, EnforcaEent
security protection provided by laU enforceEent agencj,es for the
above, relerenced Denlsed PreDises te linited to tha! pravi.ded Bo any
oLher buslness or agency sltuated ln collier County, and acknotrledges
Chat any Epeclal securlty neasureE deeDed nacessary lor additlonalprotectlon of the D6IlIsed Prenlseg shall be the soLa responslbillty
and cost of LESSEE and shall lnvolve no cost or exPenso to LESSoR'
LEssEE expresal,y agrees lor itself, 1!g successor and a33igns, to
lofrain froE any ua6 ot the Derlised PreEisos which r.ould interferetrlth or adversely affscc the operation or Eaintenance of LESSoR's
standard operallons where other operations 3hare cotNlon facilitles.
(a) Rlghts not speclli,catly grantEd the EssEE by thls Lease are
hersby reservod to the LESSOR,
(b) LESSEE agrees to p.y all sales tax iDposed on th6 rental o! the
DeEIEed PreDiEos where applicabls under las.
(c) LESSEE agrees to pay alL lntangible personal proP.rty taxea that
Eay bE lDposed dus to the creatlon, by thlt L8aae, of a
leasehold lntErgsB ln the DeDI3ad PreE13€s or LESSEE'S
possesslon gf sald leasehold int.reat in the DeEIaed Preni.ses.
fRTICLB 17. Ervl.rolr.p.ntrl Concanlt
LEssEE representE, varrantg and agroe6 to indsronlly, rolEburse,
def€nd and hol,d harEl6aa EssoR, froD and .giin3t lll costE (lncluding
.ttorn€ya fsee) ass€rted agalnEt,, iDpoaed on or lncurled by LEssoRdlrectly or lndireqtly pursuant to or in connection vlth th€
appl,lcatlon ot any federal, state, Iocal, or co8Don lair rel,ating topel,lutlon or protEcllon of the envj.ronDent.
lRalCLA 18, Rrilo! Olt
In conpll.nce vlth sectlgn 4oa.056, Florida Statutes, all Partlesaro hsreby rlade avare g! the lolloiringr
Radon la a natur.lly occurrlng radloactlv€ gaa that. vhen 1! has
accuEuLatsd In a bulLdlng ln sulflclent quantltles, Day presen! health
rlskc to parsons lrho are expqsed !o it over tlDe, !€vels of radonth.t exseed lederal and state guid€lines have been founded In
buildlngs in Florlda. Addj,tional lnfornatlon regardlng radon and
radon testing nay be obtalned froD your coqnty public h€alth unit.
rarfcLl 19. Elllctlv. pat.
Th19 Lags AgreaE.nt ahaLl becouq ef!.ctlva upon the dato get
lorth ln Artlcla 2,
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16.C.3.a
Packet Pg. 653 Attachment: Drop Anchor Third Amendment 2018 (4898 : Third Amendment to Lease Agreement with Drop Anchor Mobile Homeowners
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IN fITNEsa WHEREOp, the parties hereto hove heroundcE set torth thcirhands and seals,
Ag IO TBE LESAOR:
A?rESt.
JAIES I C! r'GIIES, Clerk BOARD OF COUNTY COUI.IISSIONERS
COLLIER COUNTY, FI'RIDA
tsv:
PATRICIA ANNE GOODNT
chairperson
LESSEE:
DROP ANCHOR HOBILE IIO!{EOWNERS
ASSOCfATION, lNC., a Florlda
carporation
BY!
ATD n
( coRPoaATE SEAL)
I
ir ,) \'i'i' '
lA tO ITBAAEE t
DATED: )4,/?,,,/7
Approved as to lbrr and169.1 euttlql6ncy:
s 0n nAsslrtant County Attornsy
., l
oereot ,22,.'y' ?a, //.zr/
I
16.C.3.a
Packet Pg. 654 Attachment: Drop Anchor Third Amendment 2018 (4898 : Third Amendment to Lease Agreement with Drop Anchor Mobile Homeowners
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16.C.3.a
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16.C.3.a
Packet Pg. 656 Attachment: Drop Anchor Third Amendment 2018 (4898 : Third Amendment to Lease Agreement with Drop Anchor Mobile Homeowners