Backup Documents 02/22/2011 Item #16B3
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..,.. I BAY S H 0 R E
;'. GAT E WAY
~a TRIANGLE
eRA Board
CommiSSioner
Jarnes N Coletta
COtnrnisSloner
Fred IN Coyle
Cc,m'r1rSSIOrler
Donna Fia!a
Chainnan
CU'IIIl1ISSI0ner
Fr,mk Halas
GU:TIIIIISSlonf:!'
Ton~ H""lniil9
Advisorv
Board
Chairman
111I[1s~"y' H1Urrl;1:"
Vice-Chail
Jdi Ba;"ry
K"FI~II BA;olly
L.ar1ylnglil:n
Ct"qj()"_ (;U[1ti-.(~,
tvlaUliu,
Glltierr8.1
SIeve ~\il;,ill
PeTPr DavO'<'lk.
H!UC_E: PletJie
eRA Staff
Ddvrd l Jackson
Executive
Oirpctor
Jean Jourda,;
Pr0jecll\i1;:mageL
Sue Trone
Operations
Analyst
Ashley Caserta
Grants
CoordinalO;
February 23, 20100
RE: February 22, Agenda Item 16B3
Recommendation for the Community Redevelopment Agency (CRA) to approve and
execute the attached Lease with Green Effex, LLC, a Limited Liability Company to
operate a commercial and residential landscape service on CRA owned property
located at 1991 Tamiami Trail East, in the Gateway Mini-Triangle for an annual rent
of $18,000.00 to be paid in equal monthly installments of $1500.00 for a term of 14
months.
Attached is:
A Lease requlflng CRA Chairman, Donna Fiala's signature on page
seven (7) of the Agreement.
Please contact Jean Jourdan at 643-1115 upon Clerk's attestation for pick
up.
Thank you.
Jean Jourdan
Project Manager
Bayshore/Gateway Triangle
CRA
Phone 643-1115
4069 Bayshore Drive. Naples, Flonda 34112
P (239) 6431115 . F. (239) 775.4456
www co!lif.'fcra com
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LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this I" day of March, 2011, between GREEN EFFEX,
LLC, a Limited Liability Company, whose mailing address is 2823 Thistle Way, Naples, Florida 34105,
hereinafter referred to as "LESSEE", and COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY, a political subdivision of the State of Florida, whose mailing address is 3299, East Tamami
Trail, Suite 303, Naples, Florida 34112, hereinafter referred to as "LESSOR".
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE I.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property
described in Exhibit "A" (located at 199] Tamiami Trail East, Naples, FI., 34112) which is attached
hereto and made a part of this Lease, hereinafter called the "Demised Premises", situated in Collier
County, Florida, for the following purpose (s):
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premise for a term of one (I) year and two (2) months,
commencing on March 1,2011, and ending May 1,2012. 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 (I) year, under the same terms and conditions, as provided herein, except as to the
rental amount, as provided herein, by delivering written notice of LESSEE'S unconditional intention to
do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby
created. Said notice shall be effective upon actual receipt by the County.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any
part thereof to be used or occupied for any purpose that is contrary to law or rules or regulations of any
public authority havingjurisdiction over the Leased Premises.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of
Eighteen Thousand 00/100 Cents ($18,000.00) per annum in equal monthly installments of One
Thousand Five Hundred Dollars Dollars and 00/100 Cents ($1500,00), plus sales tax if applicable, all
in advance on the first day of every calendar month during the term hereof. If the terms of this Lease
commence or end on a day other than the first day of the month, LESSEE shall pay base rent equal to one
thirtieth (I/30th) of the monthly base rent multiplied by the number of rental days of such fractional
month. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE
4 of this Lease.
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In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth
in ARTICLE 3 shall remain the same as the rent for the year when the option to extend is exercised, plus
Consumer Price Index (CPI).
In the event LESSEE elects to renew this Lease as provided for in ARTICLE 2, the rent set
forth in ARTICLE 3 shall be increased for the next ensuing one year renewal term in the same
proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United
States City Average, all Item-Series A (1982-84= I 00), United States Department of Labor had
increased for the preceding year. However, in no event shall the annual minimum rent be less
than Eighteen Thousand Dollars and 00/100 Cents ($18,000.00) nor shall any yearly increase
be greater than 10%. In the event that the Consumer Price Index ceases to incorporate a
significant number of items, or if a substantial change is made in the method of establishing such
Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would
have resulted had no change occurred in the manner of computing such Consumer Price Index.
In the event that such Consumer Price Index (or a successor or substitute index) is not available,
a reliable governmental or other nonpartisan publication, evaluating the information thereto for
use in determining the Consumer Price Index shall be used in lieu of such Consumer Price Index.
ARTICLE 4.
Other Expenses and Charges
LESSEE shall pay all costs associated with the Demised Premises including and not limited to,
janitorial services and any and all utility charges. Utility charges shall include and not be limited to
electricity, light, heat, air conditioning, power, water, sewer and telephone or other communication
services, used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR
elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional
rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice.
ARTICLE 5.
Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifYing in writing and in
meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition,
along with the contemplated starting and completion time for such project. LESSOR or its designee will
then have sixty (60) days within which to approve or deny in writing said request for changes,
improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required
or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60)
days there has been no response from LESSOR or its designee to said proposals or plans, then such
silence shall be deemed as a DENIAL to such request to LESSEE.
LESSEE covenants and agrees in connections with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County
of Collier, and any and all other governmental agencies.
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All alterations, improvements and additions to said Demised Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
tennination of this Lease or any renewal tenn thereof, or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and
installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any
damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may
complete said removals and repairs at LESSEE'S expense.
LESSEE shall, at its sole cost and expense, clean up, re-Iandscape and re-paint the Demised
Premises within thirty (30) days of the effective date of this Agreement.
ARTICLE 6.
Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after
reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all
reasonable hours for the purpose of examining the same and making repairs or providing janitorial
service therein, and for the purposes of inspection for compliance with provisions of this Lease
Agreement.
ARTICLE 7.
Assignment and Subletting
LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised
Premises, or permit any other person(s) to occupy same without the expressed prior written consent of
LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve
LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep
and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other
person shall not be deemed to be a waiver of any of the provisions of this Lease, or to be a consent to the
assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void.
ARTICLE 8.
Indemnity
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, LESSEE shall indemnity, defend and hold hannless LESSOR, its agents and employees
from and against any and all liability (statutory or otherwise), damages, claims, suits, demands,
judgments, costs, interest and expenses (including but no limited to attorneys' fees and disbursements
both at trial and all appellate levels) arising, directly or indirectly, from any injury to, or death of, any
person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of
the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by
LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised
Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in
the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or
negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any
action or proceeding is brought against LESSOR by reason of anyone or more thereot; 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.
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LESSOR shall not be liable for any injury or damage to person or property caused by the elements
or by other persons in the Demised Premises. or from the street or sub-surface, or from any other place,
or for any interference caused by operations by or for a governmental authority in construction of any
public or quasi-public works or otherwise.
LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any
property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the
LESSOR hannless from any claims for damages, except where such damage or injury is the result of the
gross negligence or willful misconduct ofthe LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies),
approved in writing by the Collier County Risk Management Department, for not less than One Million
Dollars and No/Cents ($1,000,000) combined single limits during the tenn of this Agreement. In
addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees
meeting 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 Dollars and No/IOO Cents
($100,000.00) per each accident.
Such insurance policy(ies) shall list and continuously maintain Collier County as an additional
insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management
Department, 330 I East Tamiami Trail, Administration Building, Naples, Florida, 33962, for approval
prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than
ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event
of cancellation or changes in policy(ies) coverage. 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.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. if said
Demised premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If
corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR may cause
the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning
costs, and such costs shall constitute ADDITIONAL RENT which shall be paid by LESSEE within ten
(10) days of receipt of written notice of costs incurred by LESSOR.
LESSEE, at its sole cost, shall repair all damage to the Demised premises caused by LESSEE, its
employees, agents, independent contractors, guests, invitees, licensees, or patrons.
LESSEE, at its sole cost, shall remove from the Demised premises in accordance with all
applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse
of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises.
Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR.
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ARTICLE] ]. Default bv LESSEE
Failure of LESSEE to remedy any non-compliance of this Lease within ninety (90) days from
receipt of LESSOR'S written notice stating the non-compliance shall constitute a default, 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
reasonably required to correct such default). However, the occurrence of any of the following events
shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR except
to the extent then prohibited by law:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the terms ofthis Lease.
(c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE ]0, LESSOR, in
addition to any other rights and remedies it may have, shall have the immediate right to re-enter and
remove all persons and property from the Demised 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.
LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice
in writing if a lien is filed against the leasehold interest of the LESSEE and is not removed within thirty
(3) days pursuant to the F]orida Mechanics Lien Law or otherwise.
If LESSEE fails to pay, when due, any 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 (5%) percent of any payment not paid promptly
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, which
interest shall be paid by LESSEE to LESSOR.
ARTICLE ]2. Default bv 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 details specirying wherein LESSOR has failed to perform any
such obligation(s).
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ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSOR:
LESSEE:
Collier County Community Redevelopment Agency
3299 East Tamiami Trail, Suite 303
Naples, Florida 34112
Green Effex, LLC
2823 Thistle Way
Naples, FI 34 I 05
cc: Office of the County Attorney
(Client Department)
ARTICLE 14. Surrender of Premises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this
Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any
improvements not removed upon expiration of this Lease, or earlier tennination, broom clean and in as
good condition and repair as the same shall be at the commencement of the tenn of this Lease or may
have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and
damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 15. General Provisions
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S operations where any such operations share common facilities or otherwise.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all taxes imposed on the leasehold interest or otherwise related to the rental
of the Demised Premises to the extent applicable under law.
(c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the
creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession
of said leasehold interest in the Demised Premises.
ARTICLE 16. Environmental Concerns
LESSEE represents, warrants and agrees to indemnifY, reimburse, defend and hold hannless
LESSOR, from and against all costs (including attorneys fees and all appeals) asserted against, imposed
on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any
federal, state, local or common law relating to pollution or harm to the environment.
ARTICLE 17. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
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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.
ARTICLE 18. General Provisions
LESSOR fully understands that the police and law enforcement security protection provided by
law enforcement agencies to the Demised premises is limited to that provided to any other business or
agency situated in Collier County, and LESSOR acknowledges that any special security measures
deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and
cost of LESSOR and shall involve no cost or expense to LESSEE.
ARTICLE 19. Extent of Liens
All persons to whom these presents may come are put upon notice that no interest of the LESSOR
in the Demised Premises shall be subject to liens for improvements made by the LESSEE, also 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 Demised Premises or any part of either. This notice is given pursuant
to the provisions of and in compliance with Section 713.10, Florida Statutes.
ARTICLE 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Governing Law
This Lease shall be governed by, and construed in accordance with, the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATEQ:~2lJll
A TT~ST:
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BY:
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AS TO LESSEE:
DATED: ~ //0 )(;201 (
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GREEN EFFEX, LLC
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BY:, -/ ~O.A.Jnt<l")
ANDREA SA VORETTI
ITS Managing Member
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c: . 1~~~Signr' ../~...,
L IIlJIJA A. 1:i4/{.so;J5
(print name)
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, dU ~/VU71..dI2M.::t<-..
~TNESS (ignature)) .
IIN.A Bi82.~.rrSEN --PE:SENTI
(print name)
Approved as to form and
~7e01J .
Steve T. Williams
Assistant County Attorney
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EXHIBIT "A"
Folio ID #0038840007
A lot or parcel of land in the East half of the Northwest quarter of the Northwest quarter, lying North of
the Tamiami Trial, of Section II in Township 50 South, Range 25 East, Collier County, Florida being
specifically described as follow.
From the point of intersection of the West boundary line of the East half of the Northwest quarter of the
Northwest quarter, lying North of the Tamiami Trail (formerly known as Dixie Highway), of Section 1 I
in Township 50 South, Range 25 East, Collier county, Florida, with the Northeasterly right of way line of
the said Tamiami Trail run in a Florida, with the Northeasterly right of way line of the said Tamiami
Trail run in a Southeasterly direction for 396.58 feet along said Northeasterly right of way line, to
establish the Point of Beginning; thence form the Point of Beginning deflect 90 degrees from the
Southeasterly to the Northeasterly and run 322.02 feet; thence deflect 43 degrees 39 minute 10 seconds,
from the Northeasterly to the Northerly and run 57.48 feet; thence deflect 69 degrees 51 minute 00
seconds from Northerly to Northwesterly and run 63.91 feet; thence deflect; thence deflect 66 degrees 29
minutes 50 seconds form Northwesterly to Southwesterly and run 338.32 feet to the said Northeasterly
right of way said Northeasterly right of way line the Point Beginning.
Commence at the northwest corner of Lot 6, South 00 degrees 33' 46" East 307.41 feet to the survey base
of State Road 90 (US 4 I) and to the beginning of a curve concave southwesterly; thence along said
survey base line, the arc of said curve to the right, having a radius of 11,459.16 feet, a central angle of 0 I
degrees] 5"59.2", an arc length of 253.29 feet, the chord for which bears South 53 degrees 24'08" East
to the end of said curve; thence North 37 degrees 13'52' East, 50.00 feet to the northerly existing right of
way line of said State Road 90 (US 41) (per section 03010-2116) for a Pont of Beginning; thence North
37 degrees 59"] I" East 20.00 feet to the beginning ofa curve concave southwesterly; thence along the
arc of said curve to the right, having a radius of 1 1,529.16 feet, a central 52 degrees 31'25" East to the
end of said curve; thence South 37 degrees 59'11" West 20.00 feet to said northerly existing right of way
line and the beginning of a curve to the left, having a radius of 11,509.16 feet, a central angel of 00
degrees 29'20.3", an arc length of98.22 feet, the chord for which bears North 52 degrees 31's8" west to
the end of said curve and the Point of Beginning. Containing 1,964 feet.
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