Backup Documents 11/12/2013 Item #14B2 ,
CRA Davis Boulevard Lease
COLLIER COUNTY FLORIDA ` ,vi, ter'
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
x
r, `,.e.
To: Clerk to the Board: Please place the following as a: ��C �'\ 14 B2
® Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div: Bayshore Gateway Triangle CRA Person: Jean Jourdan Date: 10/12/13
Petition No.(If none,give brief description):
Petitioner: (Name&Address): Jean Jourdan 3570,Unit 102 Bayshore Drive,Naples,Fl 34112
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet)
Hearing before XX BCC BZA Other
Requested Hearing date:N/A
Newspaper(s)to be used: (Complete only if important): 1
® Naples Daily News ❑ Other ❑Legally Required
Proposed Text: (Include legal description&common location&Size: See Attached
Companion petition(s), if any&proposed hearing date:N/A
Does Petition Fee include advertising cost? e1 Yes ❑ No If Yes,what account should be charged for advertising costs: PO#
4500146317/ 187/ 8325/
ed by: Reviewed by:
"!0 i 1 /0/1/ /3
9' '.ion ' ',.'�• or a r.ec Date / Date
List Attachments: Notice Advertisement
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before,
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑Requesting Division ❑Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
FOR CLERK'S OFFICE USE crux;
ceived: 10" 3 Date of Public hearing: Nil 6 Date Advertised:/ —L i7-45
Ann P. Jennejohn
14 B2
From: Brock, Mary Jo
Sent: Monday, October 14, 2013 3:23 PM
To: Minutes and Records; Neet, Virginia
Cc: Jourdan,Jean
Subject: legal ad
Attachments: NDN Request.pdf; Legal Advertisement Final.pdf; FINAL ADVERTISEMENT - 1.doc
Please see attached. Thanks, MJ
From:jourdan_j
Sent: Monday, October 14, 2013 3:21 PM
To: BrockMaryJo
Cc: CasertaAshley
Subject:
Hi MaryJo:
Please find the attached legal advertisement for forwarding to the Clerk's Office. The legal notice language
has been reviewed by the County Attorney's Office (Dinny Neet). Please don't hesitate to contact me if there
are any questions.
Cordially,
anj1011/Pdein,
Jean Jourdan, AICP, Interim Director
Bayshore/Gateway Triangle CRA
Bayshore Beautification MSTU
Haldeman Creek MSTU
3570 Bayshore Drive Unit#102
Naples, Fl 34112
239-643-1115
Website: BGTCRA.com
t,nder s o nda I._av,t,e mai,addresses are pG.taiie reccards.If you do not w an°ya.ar e-ma:l address re eased ui,esf;o ase to a pub sc rocords mgdost do not send
ertronsc mat to this entity. nstead,contact this a€five by telephone;or in writ.inct.
1
14 B2 l
October 14, 2013
The Naples Daily News
PO Box 7009
Naples, FL 34101
ATTENTION: Notices Section
Fax#
Ph#
RE: PURCHASE ORDER# 4500146317 ACCOUNT 068839
!!PURCHASE ORDER NUMBER MUST BE REFERENCED ON INVOICE!!
Please publish the following legal advertisement on Leasing of 1936 Davis Boulevard
Improvements on the next available publishing date
Legal Advertisement
LEGAL NOTICE
PROPERTY FOR LEASE
NOTICE IS HEREBY GIVEN THAT THE COMMUNITY REDEVELOPMENT AGENCY OF
COLLIER COUNTY, FLORIDA, IS PROPOSING TO LEASE PROPERTY LOCATED AT 1936
DAVIS BOULEVARD,NAPLES FLORIDA, 34112,FOR A TERM OF THREE(3)YEARS WITH
THE OPTION FOR ONE(1),TWO(2)-YEAR RENEWAL.
Further information is available and may be obtained by contacting Jean Jourdan, Interim Director,
Bayshore/Gateway Triangle CRA, 3570 Bayshore Drive, Unit 102, Naples, Florida 34112 or calling
(239) 643-1115.All interested persons must respond within 30 days from publication of this notice.
This 14th day of October, 2013.
Collier County Community Redevelopment Agency,
f�f 1 fir, 26"
I *milled by'
I J-an Jourd.t", for the Bayshore/Gateway Triangle CRA
14 B2 1
LEGAL NOTICE
PROPERTY FOR LEASE
NOTICE IS HEREBY GIVEN THAT THE COMMUNITY REDEVELOPMENT AGENCY OF
COLLIER COUNTY, FLORIDA, IS PROPOSING TO LEASE PROPERTY LOCATED AT
1936 DAVIS BOULEVARD, NAPLES FLORIDA, 34112, FOR A TERM OF THREE (3)
YEARS WITH THE OPTION FOR ONE (1), TWO (2)-YEAR RENEWAL.
Further information is available and may be obtained by contacting Jean Jourdan, Interim
Director, Bayshore/Gateway Triangle CRA, 3570 Bayshore Drive, Unit 102, Naples, Florida
34112 or calling (239) 643-1115. All interested persons must respond within 30 days from
publication of this notice.
14 B2
Acct #068839
October 15, 2013
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: CRA Notice — Property for Lease
Dear Legals:
Please advertise the above referenced notice on Friday, October 18, 2013
and send the Affidavit of Publication, in Triplicate, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.O. #4500146317
The PO Number Must be
Referenced on the Invoice!!
Ann P. Jennejohn 1 4 B 2
To: legals @naplesnews.com
Subject: CRA 1936 Davis Boulevard Lease
Attachments: CRA 1936 Davis Boulevard Lease.doc; CRA 1936 Davis Boulevard Lease.doc
Hi again,
Please advertise the attached on Friday, October 18, 2013.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
1
14B2
Ann P. Jennejohn
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Tuesday, October 15, 2013 4:49 PM
To: Ann P.Jennejohn
Subject: Ad Confirmation
Attachments: UAS5D65 jpg
Hi Ann,
Please provide approval ASAP for publication on 10.18.13.
THANKS!
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com
naplesnews.com ( ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213-6000
Thank you for placing your ad.
Date 10/15/13
Publication NDN
Account Number 769116
Ad Number 2003861
Total Ad Cost $81.36
1
1482
LEGAL NOTICE
CRA PROPERTY FOR LEASE
1936 DAVIS BOULEVARD
LEGAL NOTICE
PROPERTY FOR LEASE
NOTICE IS HEREBY GIVEN THAT THE
i O NIUNITY REDEVELOPMENT
AGENCY OF COLLIER COUNTY,
FLORIDA, IS PROPOSING TO LEASE.
PROPERTY LOCATED AT 1936 DAVIS
BOULEVARD, NAPLES, FLORIDA 34112,
FOR A TERM OF (3) THREE YEARS
WITH THE OPTION FOR ONE (1), TWO
(2)-YEAR RENEWAL.
Further information is available and
may be obtained by contacting fear;
Jourdan, Interim Director, Ba shore/
Gateway Triangle CRA, 3570 Baysh r+
Drive, Unit 102, Naples, Florida, 34112
or calling 239) 54.3-1115 . All
interested persons must respond
within 30 days from publication of this
notice..
October 18, 2013 No. 2003861
Ann P. Jennejohn
14 B 2
From: Polidora, Carol <cpolidora @naplesnews.com>
Sent: Wednesday, October 16, 2013 8:23 AM
To: Ann P.Jennejohn
Subject: RE:Ad Confirmation
Great! Released for publication...
Original Message
From: Ann P. Jennejohn [mailto:Ann.Jennejohn @collierclerk.com]
Sent: Wednesday, October 16, 2013 8:09 AM
To: Polidora, Carol
Subject: RE: Ad Confirmation
Looks great Carol, please publish on Friday!
Ann
Original Message
From: Polidora, Carol [mailto:cpolidora @naplesnews.com]
Sent: Tuesday, October 15, 2013 4:49 PM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Hi Ann,
Please provide approval ASAP for publication on 10.18.13.
THANKS!
Carol Polidora Legal Advertising Specialist Naples Daily News 1100 Immokalee Road Naples, FL 34110
0: (239) 263-4871 I Fax: (239) 325-1251 I cpolidora @naplesnews.com
naplesnews.com I ndnadvertising.com
Read. Learn. Share.
How may we help you? Call us at (239) 213-6000
Thank you for placing your ad.
Date 10/15/13
Publication NON
Account Number 769116
Ad Number 2003861
Total Ad Cost $81.36
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named
addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the
1
ORIGINAL DOCUMENTS CHECKLIST & ROUTI S
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR G A
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW**ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 11/14/13
4. BCC Office Board of County
Commissioners as CRA ( 4L (('2 I 4 3
5. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Jean Jourda ,CRA Phone Number 643-1115
_Contact/ Department
Agenda Date Item was 11/12/13 Agenda Item Number 14-B-2
Approved by the BCC
Type of Document Lease between CRA and Greenway Number of Original One
Attached Landscape Supply Documents Attached
PO number or account
number if document is N/A
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, - JAK
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's - JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required. _
7. In most cases(some contracts are an exception),the original document and this routing slip JAK
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 11/12/13 and all changes made during JAK
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the JAK
BCC,all changes directed by the BCC have been made,and the document is ready f r the `t
Chairman's signature. N�
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1482
MEMORANDUM
Date: December 2, 2013
To: Jean Jourdan, Project Manager
Bayshore Gateway Triangle CRA
4069 Bayshore Drive
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A 3-year Lease Agreement with Greenway Landscape Supply to
operate a landscape service on CRA property at 1936 Davis Boulevard
Attached for your records, is a copy of the lease referenced above, (Item #14B2)
approved by the Board of County Commissioners on November 12, 2013.
The original document is being held by the Minutes and Records Department in the
Board's Official Records.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment (1)
1482
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this at* day of /1/patinkG 2013, between
GREENWAY LANDSCAPE SUPPLY LLC., whose mailing address is 1936 Davis Boulevard, Naples,
Florida 34112, hereinafter referred to as "Lessee", and COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY, whose mailing address is 3570 Bayshore Drive, Unit 102, 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 1936 Davis Boulevard, Naples, Florida 34112,
Folio No. 77510240008, 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 nursery and landscape
supplies, 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 three (3) year lease. The term of this Lease shall
commence on the date first above written, and unless terminated earlier by the parties, shall
Page 1 of 11 (:)
il
terminate on the 3rd year anniversary date of this Lease. The parties acknowledge that the Lessor
intends to sell the Premises to a third party.
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 two (2) years, 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 and in accordance with Section 6(a).
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.
a. The renewal option is available to Lessee provided the Premises remains unsold
or under contract for sale at the time of the renewal option. In the event the Lessor
desires the tenant to vacate the Premises on the expiration date, Lessor shall notify the
Lessee in writing no later than forty-five (45) days prior to the Lease Termination
Date.
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%. A Security Deposit equal to one month's rent rate
One Thousand Five Hundred Dollars (1,500) is due upon the execution of this Lease.
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.
Page 2 of 11
1482
10. Lessee's Obligation to Maintain Premises and Comply with All Lawful
Requirements. Lessee shall, at its sole cost and expense, cleanup and make all necessary repairs
to the demised Premises required to operate. 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 Lessor for the expenses incurred by Lessor, together with a 5%
administrative fee.
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.
Page 3 of 11
0
14 8 2 0..
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
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.
Page 4 of 11 /'�
1482
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
Community Redevelopment Agency 3570 Bayshore Drive, Unit 102, 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 federal IRS tax exempt status.
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
Page 5 of 11
14B2
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.
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
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).
Page 6of11
14B2
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
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.
Page 7 of 11
(A)
14B2
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 Greenway Landscape Supply, LLC
3570 Bayshore Drive, Unit 102 1936 Davis Boulevard
Naples, Florida 34112 Naples, Florida 34112
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
Page 8 of 11
14 B2
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
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: �� `^r COLLIER COUNTY COMMUNITY
DW1GHT.B.BR( K, Clerk REDEVELOPMENT'AGEN Y
B `:11P&S CAC. By
'1 , Deputy Clerk TIM NANCE, Chairman
Attes`t~as#�c - 5T9 fl S
signature only.
gem# 1Lk
Agenda r ►L
Date ` ar—a-- S
Page 9 of 11 Deputy
C�1
14 B2
AS TO LESSEE:
GREENWAY LANDSCAPE SUPPLY, LLC.
/ /A7d 0 ^
`II i
By 4/11u ►i`I,iJ1 !
ITS E'ir(signature) •_ Y ' 11 G R
JIM thfi< r It's M. •_'ng Memb:,
(print name)
b•XJAMTItibi/U
WITNESS (signature)
,r i e, N m t,,01,
(print name)
App`• ":, :s to form and legality:
Jeffre 1 • ', ow
Count ! i orney
Page 10 of 11
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