Agenda 03/09/2010 Item #16E 2
Agenda Item No. 16E2
March 9, 2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to lease Agreement
with Hometown landmark Estates, llC, for the continued use of
vacant county owned land for vehicle parking with a first year's
revenue of $2,500.
OBJECTIVE: To obtain approval from the Soard of County Commissioners (Soard) to enter
into a First Amendment to Lease Agreement with Hometown Landmark Estates, LLC, for the
continued use of vacant land to be used for vehicle parking.
CONSIDERATIONS: Since 1989, the County has leased approximately three quarters of an
acre of vacant land to Hometown Landmark Estates, LLC, located at the intersection of U.S. 41
and C.R. 886. The subject property is an unusually shaped property that cannot be developed
at this time (see attached location map). The subject property has been leased to the mobile
home development, Landmark Estates, for resident vehicular and recreational vehicular parking.
The fair market value of the property has been determined by the Transportation Department's
Review Appraiser and reflects the current value for the property. The first year's rent of $2,500
shall be increased by five percent annually throughout the term of the amended lease term.
-
The attached First Amendment to Lease Agreement continues the current lease to August 14,
2019. The Amendment contains a provision for either party to terminate at any time by
providing written notice. All other provisions contained in the original Lease Agreement dated
August 2, 1989 shall remain in full force.
FISCAL IMPACT: The first year's revenue of $2,500 and subsequent annual rents, shall be
deposited into the following account: Advance ROW project 60171, Gas Tax Capital Projects
Fund (313).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATION: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient-JBW."
RECOMMENDATION: That the Board approves and authorizes the Chairman to execute the
attached First Amendment to Lease Agreement.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services,
Facilities Management Department
-
,
~ .....0.., " "-'~ "
Agenda Item No. 16E2
March 9, 2010
Page 2 of 5
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E2
Meeting oate:
Recommendation to approve a First Amendment to Lease Agreement with Hometown Landmark
Estates, LLC, for the continued use of vacant county owned land for vehicle parking with a first years
revenue of $2,500.
3/9/2010 9:00:00 AM
Prepared By
Michael H. Dowling Property Management Specialist, Senior Date
Administrative Services
Division Facilities Management 2/22/20102:46:53 PM
Approved By
Skip Camp, C.F.M. Director - Facilities Management Date
Administrative Services
Division Facilities Management 2/23/20108:26 AM
Approved By
Kevin Hendricks Manager. Right of Way Date
Transportation Engineering &
Transportation Division Construction Management 2/23/201011:05 AM
Approved By
.-,.,
Toni A. Mott Manager ~ Property Acquisition & Canst Date
M
Administrative Services
Division Facilities Management 2/23/2010 11: 59 AM
Approved By
Jennifer White Assistant County Attorney Date
County Attorney County Attorney 2/24/20109:51 AM
Approved By
Len Golden Price Administrator. Administrative Services Date
Administrative Services
Division Administrative Services Division 2/24/20103:42 PM
Approved By
OMS Coordinator Date
County Manager's Office Office of Management & Budget 2/25/20109:50 AM
Approved By
Susan Usher Management/Budget Analyst, Senior Date
Office of Management &
Budget Office of Management & Budget 3/2/2010 2:06 PM
Approved By
.-..
Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 3/2/20103:55 PM
.... II,..".
.".., ".......
., ~ '"'^ ... "
. ^ ....,,~^'~ r ,..,......,..............-........ . ,................-T"'o .,~ r....... 'T"'o'" ..Y""LT..-......-ro
,.. ,,.. ,-^~ "
.-."-
..,~._.. ..."..-........_----"
,.~- '" ,-..--.
.....M~_~"_.___ ..._..
NOLO
W~_
(000
~N
'"
o O'>~ OJ
Z.c Ol
'"
,y
-j:,,:
. +,
Set'
."",>;'
'" ,,-,
,0>."
.
{:,t-J
-,',
,
-\:f'~,:i"i
,.' /,)!).:,c::'.
--,-:-:"'-""':(';'::
'_~:: -,;;;.iJrii,;R'i
''l"""~,,(,,,'J"
",,,,.,,,..,,,",--
<'0'
V"
411
'I
z
o
~
E-4
<
U
o
~
Agenda Item No. 16E2
March 9, 2010
Page 4 of 5
Lease #729
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment") entered into this
day of . 2010, by and between Hometown Landmark LLC, successor in interest to
Alagold Corporation, whose mailing address is 150NorthWacherDrive, Suite 2800, Chicago, lllinois
60606-1610, 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."
RECITALS:
WHEREAS, Lessor and Lessee's predecessor in interest, Alagold Corporation, entered into a
Lease Agreement dated August 2, 1989; and
WHEREAS, Lessee assumed all rights, interests and obligations of this Lease Agreement by an
Assignment of Lease dated January 11, 2000; and
WHEREAS, the parties wish to extend the term of the Lease Agreement on the tcullS and
conditions set forth below.
WI TNE S SE TH:
~^
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
Lease Agreement is hereby amended as follows:
1. Lease Extension Term. Article 2 of the Lease Agreement is hereby amended to provide
that the Lease will terminate August 14,2019. There is no option to renew this Lease Agreement by
either party.
2. Qption to Terminate. Either party shall have the right to tel1u..inate this Lease at any time,
with or without cause, by providing the other party with ninety-day written notice of such termination
at the address set forth above. This notice period shall commence upon placement of the written notice
in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid,
or by personal delivery or overnight delivery service.
3. Rent. The annual rent for the period of August 15,2010 to August 14, 2011 shall be Two
Thousand Five Dollars ($2,500.00), which shall be paid in full within ten days from acceptance of this
Amendment by Lessor. The rent for each ycar following the first year of the Renewal Lease Term shall
be incrcased by five percent, compounded annually, and shall be due on August 15 of each year
throughout the life of the Lease and to any extensions thereto. Lessee shall be entitled to a pro-rata
refund of this prepaid annual rent should either party cxercise its option to terminate.
~.~
Page 1 oi2
,~ .
-----~-"_..,'--
.___..._____, __'~"M_ .__
.-. " --~_..._-"-
Agenda Item No. 16E2
March 9, 2010
Page 5 of 5
4. Except as expressly provided hcrein, the Lease Agreement remains in full force and
effect according to the terms and conditions contained therein. If there is a conflict between the terms
of this Amendment and the Lease Agreement dated August 2, 1989, the terms of this Amendment shall
prevail.
TN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executcd this First
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE:
HOMETO\VN LANDMARK LLC
DATED:
Witness (signature)
By:
(Print Name and Title)
(print name)
"'._---~
Witness (signature)
(print name)
--
AS TO THE LESSOR:
DATED:
BOARD OF COUNTY COMMISSIONERS,
COLLiER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
By:
By'
.---.--..----------- ......,.-.----
FRED W. COYLE, Chairman
----...,.~
---".. - ."...----
Dcpmy Clerk
Approved as to form and legal sufticiency:
-
"\ \2..."\ \ \ -T...L
\ '. 1 I 1"-., t",J-
Jennifer B:::Wh;tc; Assi;tantCounty Attol';';y
Page 2 of2
"",