Land Lease Agreement Land Lease Agreement
THIS AGREEMENT, made and entered into this 'L‘e° day of May, 2018, by CG II,
LLC, a Florida limited liability company, (hereinafter referred to as the "LESSOR"), whose
address is 121 South Main Street, Suite 500, Akron, OH 44308, and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns (hereinafter referred to
as "LESSEE"), 3335 Tamiami Trail E., Ste. 101,Naples, FL 34112.
WITNESSETH:
IN CONSIDERATION OF the execution of this Agreement and performance of the
promises hereinafter set forth, LESSOR hereby leases unto LESSEE the following property:
Lot 10 of CITY GATE COMMERCE PARK PHASE THREE, according to
the Plat thereof,recorded in Plat Book 63,Pages 84—90 of the Public Records
of Collier County,Florida
hereinafter referred to as "LEASED PREMISES".
ALL upon the following terms and consideration
I. TERM OF LEASE, BASE RENT & ADDITIONAL RENT
The lease term shall be three years, beginning May 4, 2018 and ending May 3, 2021.
The BASE ANNUAL RENT is $1.00 to be paid to LESSOR in THREE ANNUAL
PAYMENTS of$1.00,due on or before the 4th day of May. The first payment is required
on or before May 4th, 2018.
ADDITIONAL RENT, during the term of the lease, will include ad valorem real estate
taxes and any assessments for operations and maintenance cost by the City Gate CDD or
the City Gate Master Property Owner's Association assessed against or levied upon the
LEASED PREMISES, not to exceed Fifty Thousand ($50,000) Dollars annually, which is
due within thirty days of the LESSOR's invoicing for the same.
II USE OF LEASED PREMISES.
The LESSEE intends to use the LEASED PREMISES as a"grass parking area." LESSOR
specifically permits LESSEE, at LESSEE's costs, to make any improvements necessary to obtain
approval as a grass parking area. LESSEE covenants that the "grass parking area" shall comply
with all applicable county and/or municipal ordinances. LESSEE shall repair any damage to the
LEASED PREMISES resulting from the maintenance or removal of said grass parking area.
Further, LESSOR agrees that LESSEE shall be permitted to place, erect or install signs on the
LEASED PREMISES. Any sign shall comply with all applicable county and/or municipal
ordinances. All such signs shall be maintained in a good and safe condition and appearance by
LESSEE at its own expense. LESSEE shall repair any damage to the LEASED PREMISES
resulting from the erection, maintenance, or removal of said signs.
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III OBLIGATIONS OF LESSOR
A. To permit LESSEE quietly to hold, possess, and enjoy the LEASED PREMISES
during the term of this AGREEMENT, so long as LESSEE is NOT in default
hereinunder.
B. To pay, prior to delinquency, all real property taxes, and any assessments assessed
against or levied upon the LEASED PREMISES.
IV. OBLIGATION OF LESSEE
A. To make all lease payments when due and payable, together with sales tax if
applicable.
B. To keep the LEASED PREMISES in a neat and clean condition at all times.
C. LESSEE will not create nor permit to be created nor remain as a result of any action
or work done or contracted for by LESSEE,any lien,encumbrance or charge levied
on account of any imposition or any mechanic's, laborer's or materialman's lien
which might be or become a lien, encumbrance or charge upon the LEASED
PREMISES. Any mechanic's, laborer's, or materialman's lien shall be discharged
in accordance with the following: If any mechanic's, laborer's, or materialman's
lien shall at any time be filed against the LEASED PREMISES of as a result of any
action or work done on behalf of or contracted for by LESSEE, LESSEE, within
fifteen(15) days after notice of the filing thereof, shall cause it to be discharged of
record by payment, deposit, bond, order of a court of competent jurisdiction, or
otherwise.
D. To pay the cost of water/sewer, gas, electricity, fuel, light, heat, power, telephone,
cable TV, and all other utilities furnished to the LEASED PREMISES or used by
LESSEE in connection therewith.
E. To carry at its own expense Comprehensive General Public Liability and Property
Damage insurance with combined single limits of not less than $500,000.00 with
insurance companies authorized to do business in Florida, insuring LESSOR and
LESSEE against any liability arising out of the ownership, use, occupancy or
maintenance of the LEASED PREMISES and all areas appurtenant thereto.
LESSEE may provide this insurance under a blanket policy provided said insurance
shall have a LESSOR'S protective liability endorsement attached thereto.
F. To the extent authorized by law, to indemnify and hold harmless LESSOR against
and from any and all claims arising from LESSEE'S use of the LEASED
PREMISES or from the conduct of its business or from any activity, work or other
things done, permitted or suffered by LESSEE in or about the LEASED
PREMISES and shall further indemnify and hold harmless LESSOR against and
from any and all claims arising from any breach or Default in the performance of
any obligation on LESSEE'S part to be performed under the terms of this LEASE
or arising from any act or negligence of the LESSEE or any officer, agent,
employee, guest, or invitee of LESSEE and from all costs, attorney's fees, whether
at trial or on appeal and liabilities incurred in or about the defense of any such claim
or any action or proceeding brought thereon.
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G. To the extent authorized by law, to indemnify and hold LESSOR harmless from
any and all claims by, or liability to, any third parties for personal injury and
property damages suffered as a result of LESSEE's employees or contractors in
connection with the use of the LEASED PREMISES.
H. To comply with all governmental regulations concerning the use of the LEASED
PREMISES; and NOT to permit or suffer any illegal, immoral, or improper act to
occur on the LEASED PREMISES; and NOT to make or permit to be made any
disturbance, noise, or annoyance whatsoever which would be detrimental to the
peace, quiet, and comfort of other persons in the vicinity of the LEASED
PREMISES.
To surrender possession of the LEASED PREMISES at the termination of this
Agreement in comparable condition as of this date, having removed any
manufactured homes or improvements placed thereon by LESSEE.
V. OTHER PROVISIONS
A. During the first lease year,the LESSEE will have the right to exercise an option to
purchase the LEASED PREMISES for TWO HUNDRED THOUSAND
DOLLARS ($200,000.00) (U.S. Currency) per acre. If exercised, the sale shall
close within sixty(60) days from the date of exercise,with time not of the essence.
B. If not terminated by the Closing of the option above, LESSOR will reimburse
LESSEE for improvements placed on the property by LESSEE.
C. This Agreement may not be changed, modified, or terminated, except by an
instrument executed by the parties hereto.
D. If any term of this Agreement or the application thereof to any person or
circumstances shall be declared invalid and unenforceable by a court of competent
jurisdiction, the remainder of this Agreement, or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid
or unenforceable, such term or provision shall be modified to the minimum extent
necessary to make it or its application valid and enforceable, and the validity of all
other provisions of this Agreement and all other applications of any such term or
provision shall not be affected thereby, and each term and provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
E. This Agreement shall be construed and enforced in accordance with the laws of the
State of Florida, exclusive of choice of law rules, and this Agreement shall not be
construed more strictly against one party than against the other merely by virtue of
the fact that it may have been prepared by counsel for one of the parties, it being
recognized that both LESSEE and LESSOR have contributed substantially and
materially to the negotiation and preparation of this Agreement.
F. LESSEE may assign this Agreement to any entity substantially owned or controlled
by LESSEE.
G. Words of any gender used in this Agreement shall be held and construed to include
any other gender and words in the singular shall be held to include the plural, and
vice versa, unless the context requires otherwise. The words "herein", "hereof',
"hereunder" and other similar compounds of the word "here" when used in this
Agreement shall refer to the entire Agreement, and not to any particular provision
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or section. If the last day of any time period stated herein shall fall on a Saturday,
Sunday, legal or banking holiday, then the duration of such time period shall be
extended so that it shall end on the next succeeding day which is not a Saturday,
Sunday,legal or banking holiday.The term "business day" shall mean any day other
than a Saturday, Sunday, legal or banking holiday.
H. The parties represent and warrant that they have not utilized the services of any real
estate broker in this transaction.
IN WITNESS WHEREOF,this Agreement has been duly executed by the parties hereto
as of the day and year set forth below.
LESSEE
ATTEST: BOARD .F COUNTY 0 MISSIONERS
DWIGHT E. BROCK, Clerk CO ER ' •UNTY : BA
�1' .! 'i BY:
De•ut Andy Solis, Chairman
A ' t as to Chairman's . y' '.
signature only,, . .. ,;
LESSOR
CG II, LLC,
a Florida limited liability company
WITNESSES: By -pfreRb(h, .,off
Jo; ph R. Weber, Vice President
eaiQQ_ AUCu.ka
(Signature)
MickeIleAVa gcd
(Printed Name) /�►
-E-Fit/ A,GeL \ AOF ' I
(Sign re)
--V, -t -:. c.(C t• - --- ‘.1.04•&) C"0
(Printed Name) Approved as to form and legality:
Jen*I`er A. Belpedi.
Assistant Collier Cou-Attorney
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