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Agenda 09/25/2012 Item #16B2
9./25/2012 Item 16.B.2. EXECUTIVE SUMMARY Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Lease Agreement with Smith Plastering, Inc, permitting them to operate a local, owner operated business on CRA owned property located at 1991 Tamiami Trail East, in the Gateway Mini-Triangle. OBJECTIVE: Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Lease Agreement with Smith Plastering, Inc, permitting them to operate a local, owner operated business on CRA owned property located at 1991 Tamiami Trail East, in the Gateway Mini-Triangle. CONSIDERATION: On July 28, 2009 the Community Redevelopment Agency approved the purchase of six (6) commercial properties located within the Gateway mini-triangle. Four of(4) of the properties have buildings, of which, three (3) have tenants and existing leases. The property located at 1991 Tamiami Trail East was formerly leased to Green Effex, a residential and landscape business. Green Effex recently purchased their own building and provided notice in accordance with the terms of their Lease Agreement to terminate. The property was vacated on August 29th 2012. Smith Plastering, Inc., an owner operated business since 1997 specializes in all aspects of stucco, drywall, painting, metal framing and hardcote for custom homes and commercial projects desires to lease the vacant site to operate their office. The provision of references and related business information is attached and labeled hereto as Exhibit "A". Public notice was provided in accordance with Florida Statute in the Naples Daily News, legal advertisement section. The proposed lease is for a term of twenty-four(24)months with an effective date of September 25,2012 to September 25, 2014 with a provision for one (1), year lease extension provided both parties agree. Commencing on September 25, 2012, rent shall be $1,500 per month for a total annual rent rate of$18,000, plus sales tax and the rent shall increase by 3.0% each year thereafter. The leasing rate was reviewed and determined to be market rate. The Lessee agrees, at its sole cost and expense, to keep the premises clean at all times and assume responsibility for the repair and maintenance of all heating and air-conditioning equipment,plumbing,hot water heaters, electrical equipment, and electrical wiring exclusively serving the premises and all maintenance of the property. The Bayshore/Gateway Triangle Community Redevelopment Advisory Board unanimously made a motion to accept Smith's Plastering Letter of Intent to lease the site located at 1991 Tamiami Trail East and to forward all necessary information to the County Attorney's office for review and ultimate lease approval by the CRA Board. FISCAL IMPACT: The revenues from the Lease will be utilized to service a portion of the Bayshore/Gateway Triangle CRA debt. LEGAL CONSIDERATIONS: The attached Standard Form Lease was prepared by the County Attorney, is legally sufficient, and requires majority vote for approval. -JAK. GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort. Packet Page-2221- 9/25/2012 Item 16.B.2. RECOMMENDATION: That the Collier County Community Redevelopment Agency Board approve the Lease with Smith Plastering, Inc., and authorize the Chairman to execute same. PREPARED BY: Jean Jourdan,AICP Interim Director Bayshore/Gateway Triangle CRA Packet Page-2222- 9/25/2012 Item 16.B.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.B.2. Item Summary: Recommendation for the Community Redevelopment Agency(CRA)to approve and execute a Lease Agreement with Smith Plastering, Inc, permitting them to operate a local, owner operated business on CRA owned property located at 1991 Tamiami Trail East, in the Gateway Mini-Triangle. Meeting Date: 9/25/2012 Prepared By Name:jourdan_j Title: Project Manager, 9/4/2012 10:12:12 AM Submitted by Title: Project Manager, Name:jourdan_j 9/4/2012 10:12:13 AM Approved By Name: CarterRaymond Title: Manager-Risk Finance,Risk Management Date: 9/17/2012 11:30:08 AM Name: KlatzkowJeff Title: County Attorney Date: 9/17/2012 3:57:29 PM Name: KlatzkowJeff Title: County Attorney Date: 9/18/2012 9:15:08 AM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 9/18/2012 11:13:38 AM Packet Page-2223- 9/25/2012 Item 16.B.2. Name: OchsLeo Title: County Manager Date: 9/18/2012 3:14:04 PM Aok Packet Page-2224- 9/25/2012 Item 16.B.2. STANDARD FORM LEASE AGREEMENT THIS LEASE AGREEMENT entered into this 25th day of September, 2012, between SMITH PLASTERING, INC., whose mailing address is 1991 Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as "Lessee", and COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, whose mailing address is 4069 Bayshore Drive,Naples, Florida 34112,hereinafter referred to as "Lessor." WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Lease, and in consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the present possessory interest in the Leased Premises described below. 2. Description of Leased Premises. The Leased Premises, which is the subject of this Lease, is the improved property located at 1991 Tamiami Trail East, Naples, Florida 34112, Folio No. 00388440007, as further described on Exhibit A, which is attached hereto and made a part hereof,hereinafter referred to as the"Premises." 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Premises; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance of all terms and conditions of this Lease. 4. Use of Premises. This is a commercial lease. The premises are to be used in furtherance of Lessee's business, which specializes in all aspects of stucco, drywall, painting, metal framing and hardcote for custom homes and commercial projects, which use the Collier County Community Redevelopment Agency has found to be both consistent with the community redevelopment plan and in the public's interest. Lessor shall have the right to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with the approved use. 5. Permissible Alternations and Additions to Premises. Lessee may not make any alterations or additions to the Leased Premises without obtaining Lessor's prior written consent, which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans and specifications for all alterations and additions at the time Lessor's consent is sought. 6. Term of Lease. This is a two year lease. The term of this Lease shall commence on the date first above written, and unless terminated earlier by the parties, shall terminate on the Page 1 of 9 Packet Page-2225- 9/25/2012 Item 16.B.2. 2nd year anniversary date of this Lease. Lessee is granted the option, provided it is not then in default of any of the provisions of this Lease and both parties agree, to renew same for one additional term of one (1) year, under the same terms and conditions, as provided herein, not less than sixty(60) days prior to the expiration of the leasehold estate hereby created. If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises as a holdover. 7. Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum of$1,500.00 monthly for the first year of occupancy, which shall be due and payable in advance by the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, Lessee shall pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the number of rental days of such fractional month. Commencing with the 1St anniversary date of this Lease, and on each anniversary date thereafter, the monthly rent shall increase 3%. 8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees, sales taxes and charges concerning the Premises. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Premises. Lessee will indemnify and hold Lessor harmless from any and all claims, costs and obligations arising from Lessee's use of the Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use of the Premises, 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. It is specifically agreed however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. All persons to whom these presents may come are put upon notice of the fact that the interest of the Lessor in the 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 Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. 10. Lessee's Obligation to Maintain Premises and Comply with All Lawful Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the Premises in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning). Such repair may also include structural repair, if deemed necessary by the Lessee. If the Premises are not in such compliance in the reasonable opinion of Lessor, Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and diligently pursued until corrective action is completed, Lessor may cause the same to be corrected and Lessee shall promptly reimburse Aoliph Lessor for the expenses incurred by Lessor, together with a 5% administrative fee. Page 2 of 9 Packet Page-2226- 9/25/2012 Item 16.B.2. 11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive right to use the Premises during the term of this Lease. During the term of this Lease, Lessee may erect appropriate signage on the Leased Premises and the improvements constructed by Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances. 12. Casualty and Condemnation a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or other casualty, and Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to rebuild or restore the Premises to substantially its condition prior to such casualty event unless the Lessor provides the Lessee with a written determination that rebuilding or restoring the Premises to such a condition with the Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Lessor, in which event, Proceeds shall be promptly remitted to Lessor. If the Lessor elects not to repair or replace the improvements, then Lessee or Lessor may terminate this Lease by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. If this Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material extent, as reasonably determined by Lessee and Lessor, Lessee will proceed with reasonable diligence, at no cost or expense to Lessor, to rebuild and repair the Premises to substantially the condition as existed prior to the casualty. b. Condemnation. Lessor may terminate this Lease as part of a condemnation project. Lessor will use its best efforts to mitigate any damage caused to Lessee as a result of such termination; however, in no event will Lessor be liable to Lessee for any compensation as a result of such termination. 13. Access to Premises. Lessor, its duly authorized agents, contractors, representatives and employees, shall have the right after reasonable oral notice to Lessee, to enter into and upon the Premises during normal business hours, or such other times with the consent of Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any required repairs not being timely completed by Lessee. 14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of the Premises to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Premises to remove any of its personal property, equipment, and signs provided, however, at the termination of this Lease, Lessor shall have the option of either requiring Lessee to demolish and remove all improvements made by Lessee to the Premises upon Lessee's vacation thereof, or requiring Lessee to retain said improvements with Page 3 of 9 Packet Page-2227- 9/25/2012 Item 16.B.2. fixtures on the Premises which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Premises. 15. Assignment. This Lease is personal to Lessee. Accordingly, Lessee may not assign this Lease or sublet any portion of the building constructed on the Premises by Lessee without the express prior written consent of the Lessor, which consent may be withheld in Lessor's sole discretion. Any purported assignment or sublet without the express written consent of Lessor shall be considered void from its inception, and shall be grounds for the immediate termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessee. 16. Insurance. a. Lessee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Lessor and the Collier County Risk Management Department, for not less than One Million and 00/100 Dollars ($1,000,000.00) combined single limits during the term of this Lease. If such amounts are less than good insurance industry practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing 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 and 00/100 Dollars ($100,000.00) per each accident. If such amounts are less than good insurance industry practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty(60) days' advance notice to do so. c. Lessee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Premises and all of Lessee's property located on or in the Premises including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then-existing full replacement value. d. Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by Lessee in the course of its performance under this Lease, including Employer's Non-Ownership and Hired Auto Coverage, each said policy in amounts of One Million and 00/100 Dollars ($1,000,000.00) combined single limit per occurrence. If such amounts are less than good insurance practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. e. Lessor shall be named as an additional insured on the Commercial General Liability insurance policy. Lessor shall also be added as an additional insured on the Property Insurance policy as their interest may appear. The above-described insurance policies shall list and continuously maintain Lessor as an additional insured thereon. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, c/o Collier County Page 4 of 9 Packet Page-2228- 9/25/2012 Item 16.B.2. Community Redevelopment Agency 4069 Bayshore Drive, Naples Florida, 34112, for approval prior to the commencement of this Lease; and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance practice would require, Lessor reserves the right to reasonably amend their 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. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives and agents. f. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this Lease and Lessor shall have the remedies set forth below. 17. Defaults and Remedies. a. Defaults by Lessee. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a"Default by Lessee" to the greatest extent then allowed by law: i. Abandonment of Premises or discontinuation of Lessee's operation. ii. Lessee's material misrepresentation of any matter related to this Lease. iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy. iv. Adjudication as bankrupt. v. Making of a general assignment of the benefit of creditors. vi. If Lessee suffers this Lease to be taken under any writ of execution and/or other process of law or equity. vii. Lessee's loss of its fcdcra !' _ - - - ; . - . viii. Lessee's failure to utilize the Premises for its approved use. ix. Any lien is filed against the Premises or Lessee's interest therein or any part thereof in violation of this Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. x. Failure of Lessee to perform or comply with any material covenant or condition made under this Lease, which failure is not cured within ninety (90) days from receipt of Lessor's written notice stating the non-compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Lessor may, at its option, terminate this Lease by giving Lessee thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by Lessor as being reasonably required to correct such default). However, the occurrence of any of the events set forth above shall constitute a material breach and default by Lessee, and this Lease may be immediately terminated by Lessor except to the extent then prohibited by law. b. Remedies of Lessor. Page 5 of 9 Packet Page-2229- 9/25/2012 Item 16.B.2. i. In the event of the occurrence of any of the foregoing defaults, Lessor, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Lessee does not cure the defaults in the time frames as set forth above, and Lessor has removed and stored property, Lessor shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and Lessor shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. ii. If Lessee fails to promptly pay, when due, any full installment of rent or any other sum payable to Lessor under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Lessor. iii. Lessor may sue for direct, actual damages arising out of such default of Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Lease, or otherwise. Lessor shall be entitled to reasonable attorneys fees and costs incurred arising out of Lessee's Agek default under this Lease. c. 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 written notice to Lessor by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). d. Remedies of Lessee. Lessee's remedies for Lessor's default under this Lease shall be limited to the following: i. For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessor under this Lease. ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Lessor. Lessor will pay Lessee on demand all reasonable costs incurred and any amounts so paid by Lessee on behalf of Lessor, with no interest. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such Page 6 of 9 Packet Page-2230- 9/25/2012 Item 16.B.2. remedy will be cumulative and in addition to every other remedy given under this Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived,but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. Miscellaneous Legal Matters 18. This Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Lease, the parties shall first use the County's then- current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Lease, which Court the parties agree to have the sole and exclusive jurisdiction. 19. This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Lease by the parties. 20. In the event state or federal laws are enacted after the execution of this Lease, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Lease, then in such event this Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Lease. 21. Except as otherwise provided herein, this Lease shall only be amended by mutual written consent of the parties hereto or by their successors in interest. Notices hereunder shall be given to the parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: LESSOR: LESSEE: Collier County Community Redevelopment Agency Smith Plastering, Inc. 4069 Bayshore Drive 1991 Tamiami Trail East Naples, Florida 34112 Naples, Florida 34112 Page 7 of 9 Packet Page-2231- 9/25/2012 Item 16.B.2. and Leasing Specialist Real Property Management 3355 East Tamiami Trail, Suite 101 Naples, Florida 34112 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 22. Lessee is an independent contractor, and is not an agent or representative or employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party hereto or otherwise. Nothing contained in this Lease will constitute the parties as partners or joint ventures for any purpose, it being the express intention of the parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 23. Neither party to this Lease will be liable for any delay in the performance of any obligation under this Lease or of any inability to perform an obligation under this Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow-down or lock-out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 24. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Premises, nor permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors, material men and/or suppliers to engage in such activities upon or about the Premises. 25. 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 Page 8 of 9 Packet Page-2232- 9/25/2012 Item 16.B.2. in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 26. Lessee shall execute this Lease prior to it being submitted for approval by the Community Redevelopment Agency. This Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Community Redevelopment Agency enters into this Lease, at Lessee's sole cost and expense. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the day and year first above written. AS TO THE LESSOR: ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E. BROCK, Clerk REDEVELOPMENT AGENCY By: By: , Deputy Clerk DONNA FIALA, Chairman AS TO LESSEE: SMITH PLASTERING, INC. By: WITNESS (signature) MICHAEL SMITH It's President (print name) WITNESS (signature) (print name) Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Page 9 of 9 Packet Page-2233- 9/25/2012 Item 16.B.2. I ! H J/\( i<l°• ` E )R1'( )i ATIC:)N JO, 19, 2012 Re: Smith Plastering. Inc, 7'o \Vhont li ia-loy t'oaat'ei a: • Smith Plastering. inc, contacted its three years ago to establish a rental ammgcuaeni for our of oni`propertim Within that time, they have Wade prompt payments each month, maintained the propet_ty :AN :4Areed upon and have heen a plerrstare to do httsitie s s III Smith Plastering, Inc is as %';ell extnblished company' in the Naples area aiitIi an exceptional reputation, For Mal tact alone,, ‘ve felt more than Coi:,nfeu•tahk entering into the renttii agreemeni, 'Their employees are courteous and extremely professional. 1 would recommend them ii, tenants hesitation, 'i'h auh vutt, t tichnel ('rattan 'File.lac!, 1%111(.1 Corporal on (231) 248-8909 89(19 yogi bcom4 S r"tltt',VpAY 219.411I,S040I' 7.19,4111 '2511. Packet Page-2234- 9/25/2012 Item 16.B.2. Client#:63444 SMIPLI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY)08/29/2012 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Advanced Insurance Und.(Estero) PHONE 239-949-1888 FAX 239-949-1388 (A/C,No,Ext): (NC,No): 10600 Chevrolet Way Ste.200 E-MAIL ADDRESS: Estero,FL 33928 INSURER(S)AFFORDING COVERAGE NAIC# 239 949-1888 INSURERA:Mid-Continent Casualty Company 23418 INSURED INSURER B:FCCI Insurance Company 10178 Smith Plastering,Inc. INSURER C:Travelers Casualty Ins.Co.of 19046 2377 Linwood Ave Unit 203 INSURER D: Naples,FL 34112 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMNDY/YEYYY) (MMIDD//YYYY) LIMITS A GENERAL LIABILITY 04GL000845313 03/30/2012 03/30/2013,EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(EaEocccurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ X PD Ded:2,500 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY JE T LOC $ AUTOMOBILE LIABILITY BA9095L85912 01/15/2012 01/15/2013 COMBINED SINGLE LIMIT C (Ea eccidenQ X ANY AUTO BODILY INJURY(Per person) $1,000,000 ALL OWNED SCHEDULED BODILY INJURY(Per accident) $1,000,000 AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ — EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION 001WC11A60788 11/06/2011 11/06/2012, 'TORT I I rs KR - AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? y N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below .E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Certificate Holder is"Additional Insured" **General Liability Information** Job#: 1 **Workers Comp Information** (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Collier County Community SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Redevelopment Agency& ACCORDANCE WITH THE POLICY PROVISIONS. The Collier County BOCC 4069 Bayshore Drive AUTHORIZED REPRESENTATIVE Naples,FL 34112 y _�, J-J ©1988-2010 AC RD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and Inns ara ranistararl marks of ACORD #S908555/M906825 Packet Page-2235- SAB 9/25/2012 Item 16.B.2. DESCRIPTIONS (Continued from Page 1) Proprietors/Partners/Executive Officers/Members Excluded: Michael Smith,President Contractor's Premium Adjustment Program Location#-1 FL Expense Constant Location#-1 FL Prem-200.00 **Supplemental Name** First Supplemental Name applies to all policies-Smith Plastering,Inc. Policy#04GL000845313-:Smith Plastering,Inc. SAGITTA 25.3(2010/05) 2 of 2 #S9085551M906825 Packet Page-2236- 9/25/2012 Item 16.B.2. i?C- .te V 1 t se. Good Afternoon Jean, Per your conversation with Michael Smith, President of Smith Plastering, Inc., our company is currently looking to consolidate to one location. We are looking for a 3 year lease with an option to extend with a rental rate of$1,500.00/month. Smith Plastering, Inc. is a well established company specializing in stucco, drywall, metal framing and painting. We have been in business since 1997 and have long established relationships with the majority of the premier builders in the area. We currently are doing projects for the following: Kurtz Homes BCB Homes, Inc. Frey&Son Homes Granite Construction Limited BBA Development, Inc. Kingon Homes T. Jerulle Construction, Inc. J.F.Sullivan Construction, Inc. National Carpentry, LLC D. Garrett Construction The Henning Group Fox Custom Builders, Inc. Gulf Coast Construction, Inc. Lavoie Construction Group Martin Custom Homes The Williams Group, Inc. Our contact information is as follows: Company Name: Smith Plastering, Inc. Phone: (239)594-7537 Fax: (239)594-5546 Website: smithplastering.com Michael Smith,President Phone: (239)216-4000 Email: msmithCct7smithpiasterinq.com Kelly Smith, Office Manager Phone: (239)594-7537 Email: ksmithAsmithplasterinq.com We are also fully licensed and insured. If you have any questions or require any additional information, please do not hesitate to contact us. We look forward to hearing from you soon. Thank you for your time and consideration. Kelly Smith Office Manager Smith Plastering, Inc. (239)594-7537 Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send electronic mall to this entity.Instead,contact this Packet Page-2237- 9/25/2012 Item 16.B.2. 2012 FOR PROFIT CORPORATION ANNUAL REPORT FILED Apr 26,2012 DOCUMENT# P97000055326 Secretary of State AVOW Entity Name: SMITH PLASTERING,INC. Current Principal Place of Business: New Principal Place of Business: 2377 LINWOOD AVE.,UNIT 203 NAPLES, FL 34112 US Current Mailing Address: New Mailing Address: 2377 LINWOOD AVE.,UNIT 203 NAPLES, FL 34112 US FEI Number:59-3454304 FEI Number Applied For( ) FEI Number Not Applicable( ) Certificate of Status Desired( ) Name and Address of Current Registered Agent: Name and Address of New Registered Agent: SMITH,MICHAEL 2377 LINWOOD AVENUE, UNIT 203 NAPLES, FL 34112 US The above named entity submits this statement for the purpose of changing its registered office or registered agent,or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date OFFICERS AND DIRECTORS: Title: P Name: SMITH,MICHAEL Address: 2377 LINWOOD AVENUE,UNIT 203 City-St-Zip: NAPLES,FL 34112 I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath;that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607,Florida Statutes;and that my name appears above,or on an attachment with all other like empowered. SIGNATURE: MICHAEL SMITH P 04/26/2012 Electronic Signature of Signing Officer or Director Date Packet Page-2238- 9/25/2012 Item 16.B.2. COLLIER COUNTY BUSINESS TAX BUSINESS 1AX NUMBER: 980400 COLI COLIN IY lAY(:(1 I ECion-2800 ft HORSESHOE DMA: NAPLES II.ORIDA 34104 (-)3,1■22 VISIT OUR 1iVEDITE AT:YAWL colliertax.coin 1105 RECEIPT EXPIRES SEPTEMBER 30, 2012 DISPLAY Al PLACE OF BUSINESS FOR PUBLIC INSPECTION I()CATION 73771 INWOOD AVE/1203 , . L FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, LEGAL IORM /ONE() 11.1., - IRIS TAX IS NON-REFUNDABLE - CORPORATION ,. BUSINESS Pi IOW !39,1 SMITH PLASTERING INC COI IN I 1'I P: 19186 SUITT IL MICHAEL 2377 L INWOOD AVE t203 NAPLES Ft 34112 0000 NUMBER OF 1-,API OYEES 31.40 EMPI MYR S CLASSIFICATION PLASTERING&STUCCO CON FRAC:10R DATE 0912012011 ASSIFICATION CODE 02107104 AMOON I 77 00 RECEIPT ..,104 40 I his document is a business Mx only This is not cmlihcation Mat licensee is qualified IC dons not petinit the licenses to violate any evistiry tegulakay?ming laws of the slat&COE 114 or cities hor does it excrapt thc iron troth ally other taxes cir perraiM II cal may be required by law COLLIER COUNTY CERTIFICATE OF COMPETENCY ERTIFICATION INFORMATION C34810 Certification Information Collier County Board of County Commissioners Date: September 27, 2011 UBA: SMITH PLASTERING, INC ADDRESS: 2377 IJNWOOD AVENUE, STE #203 NAPLES, FL 34112.-3504 PHONE: 2395947537 FAX 2395947537 F.ICENSEE MR`C311810 OUALIFIER: MICHAEL RAYMOND SMITH Cl ASS CODE 4300 TYPE: PLASTERING&Stucco CONTR STATE NUR: COUNTY COME CARD 19180 Packet Page-2239- 9/25/2012 Item 16.B.2. COLLIER COUNTY BUSINESS TAX BUSINESS TAX NUMBER: 091623 COLLIER COUNTY TAX COLLECTOR•2800 N.HORSESHOE DRIVE NAPLES FLORIDA 34104-(2391252-2477 • VISIT OUR WEBSITE AT:wwvi.colliertax,com THIS RECEIPT EXPIRES SEPTEMBER 30, 2012 ` F p DISPLAY AT PLACE OF BUSINESS FOR PUBLIC INSPECTION1 LOCATION 2377 LINWOOD AVE#203 1 , ' FAILURE TO DO SO IS CONTRARY TO LOCAL LAWS, ZONED. HOME OCCUPATION LEGAL FOIiM , `- - THIS TAX IS NON-REFUNDABLE - CORPORATION' Y BUSINESS PHONE: 239-594-7537 SMITH PLASTERING.INC COUNTY LIC:34810 ; SMITH,MICHAEL 2377 LINWOOD AVE#203 NAPLES FL 34112-0000 NUMBER OF EMPLOYEES: 1.10 EMPLOYEES CLASSIFICATION.PAINTING CONTRACTOR, DATE 09/20/2011 CLASSIFICATION CODE: 02101601 AMOUNT 18.00 This document is a business tax only This is not certification that licensee is qualified RECEIPT 5105 40 It does not permit the licensee to violate any existing regulatory zoning laws of the state,county or cities `_= nor does it exempt the licensee from any other taxes or permits that may be required by law. COLLIER COUNTY CERTIFICATE OF COMPETENCY CERTIFICATION INFORMATION C34810 Certification Information Collier County Board of County Commissioners Date: September 27, 2011 Aiow DBA: SMITH PLASTERING, INC ADDRESS: 2377 LINWOOD AVENUE, STE #203 NAPLES, FL 34112-3504 PHONE: 2395947537 FAX: 2395947537 L ICENSEE NBR: C34810 QUALIFIER. MICHAEL RAYMOND SMITH CLASS CODE: 4270 TYPE: PAINTING CONTR. STATE NBR COUNTY COMP CARD: 34810 oak Packet Page-2240- 9/25/2012 Item 16 B 2 lEE COUNT V I °GAL BUSINESS TAX RECEIPT 2011 - 2012 (:(111eei0/' ACCOUN1 NUMBER: 00008119 ACCOUNT EXPIRES SEPTEMBER 30, 2012 gte or 00' (Any i,t)gage Ui hut.:ine ,of, PI ASTI:RING/51 UCCO CONTHAC1011 Locatiorr 3377 I IFIVA/011 AV1.111111 20', NADI ES II ;v1112 THIS LOCAL BUSINESS 1 AX RECEIPT IS NON FIEUULATORY SMI I Pt AS IF HIND IN( t-.1v11111 MICHAL1 N THIS IS NOT A BILL DO NOT PAY 237711FNVOOUI AVF t 11 111 tt'o3 NAPi F-i- 11 ,t• 112 PAID 2987,17 35 I 02 9.2011 KYT 1 $50 ott (11 Ci)tnily 1411 11! t:(g,It't Ii 1I MicHAE I 5 SMI III Dii,t,A Si It III A,4 INt• 11 102 PLIMinq 6 FAO,,`,) W• COMP NO Pi 0(0129 MO) VAI Ili AF TER:0913012012 Packet Page-2241- 9/25/2012 Item 16.B.2. ( "11'N' () ( 'AA l 1, `(IRAI. ( ( ('()irill'I!,'p`IJ, ( 'v (1 1 ul t',,I J. (' ,r:J l H I! iiluraI fart: f,l\cl l"JI,•C4,1 al, I Itnicl;J t()+)(I ? I ti i 241 1111,(`rJ t;lma • ail (1•^(11;' V'i.i1 ,>uJ ■,c.Ixiir at. v,vt k c•;slu•ct■ al n.'t 1(9 I��[C',cl 1,(' #: 9162 ,':1br)t)Ir,�,A:I II ��), � CITY OF a i �. ` IJ :4TTTI\Gig, AV'\ I 11-'0 I.! ,y11111 1 1 A'.I I I I ! ts,,i ):,rr VPy,''III I ;?11 11Urli, \\I `,il .'.1; .. 111 Fi II 'ill ' "fii �URtQP ` .wor'V :\nit Mitt. .1i(),J Oak Packet Page-2242- • • 9/25/2012 Item 16.B.2. • • 20D )) Saturday, September 1,2012 )) NAPLES DAILY NEWS NOTICE LEGAL NOTICE PROPOSED LEASE AMENDMENT NOTICE IS HEREBY GIVEN THAT THE COMMUNITY REDEVELOPMENT AGENCY OF COLLIER COUNTY, FLORIDA, IS PROPOSING TO LEASE PROPERTY LOCATED AT 1991 TAMIAMI TRAIL, NAPLES, FLORIDA • 34112 FOR A TERM OF(2)TWO YEARS WITH THE PROVISION FOR.(1) ONE, (1) ONE YEAR RENEWAL OPTION. Further information is available and may be obtained by contacting Jean ,Jourdan, Interim Director, Bayshore/Gateway Triangle CRA, 4069 Bayshore. Drive, Naples, Florida 34112 or calling (23 9) 643-1115: All interested persons must respond on or before September 25,2012. • September 1.2012 No.1960404 • • • Packet Page-2243- •