Agenda 02/26/2008 Item #16E 2
Agenda item No. 16E2
February 26, 2008
rage 1 of 6
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EXECUTIVE SUMMARY
Recommendation to approve two Second Amendments to Lease Agreement with
A&P Boole, LLC, for the continued use of the maintenance garage and parking
space on Arnold Avenue for the Sheriff's Office, at a combined annual rental of
$92,248.80.
OBJECTIVE: To obtain approval to enter into two (2) Second Amendments to Lease
Agreement with A&P Boole, LLC, for the continued use of property located at 3573 Arnold
Avenue.
CONSIDERATIONS: These locations have been used since 1998 by the Sheriff's Office as a
vehicle maintenance garage. The continued use of both units is essential to the Sheriffs
operations and is needed until the Sheriff's new fleet maintenance facility, located at the County
Bam Road Fleet Maintenance site, is completed in February, 2009.
The amended term will extend the lease to March 1, 2009. The first year's annual rental for
each property is $46,124.40, with a four percent increase in January 2009.
With the uncertainty of the exact completion date of the new fleet maintenance facility, the lease
includes a one (1) year renewal term along with a provision for the County to terminate the
Lease by providing a thirty day written notice.
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The attached Second Amendments to Lease Agreement have been reviewed and approved by
the Sheriffs Office and the County Attorney's Office.
FISCAL IMPACT: The total annual rent for both units is $92,248.80. Sufficient budget exists
within the General Fund (001) - Law Enforcement Expenses Paid by the BCC - to fund these
lease agreements.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the two (2) attached Second Amendments to Lease Agreement.
PREPARED BY: Michael H. Dowling, Property Management Specialist, Real Estate
Services/Facilities Management Department
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Agenda Item NO.1 (3E2
February 26,2008
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number: 16E2
Item Summary: Recommendation to approve two Second Amendments to Lease Agreement with A&P Boole,
LLC, for the continued use of the maintenance garage and parking space on Arnold Avenue
for thE: Sheriffs Office, at a combined annual rental of $92,24880
Meeting Date: 2/26/200890000 AM
Prepared By
Michael H. Dowling Property Management Specialist Date
Administrative Services Facilities Management 2/5/200811:54:52 AM
Approved By
Skip Camp, C.F.M. Facilities Management Director Date
Administrative Services Facilities Management 217120083:51 PM
Approved By
Toni A. Matt Real Property Supervisor Date
Administrative Services Facilities Management 2111/20084:01 PM
Approved By
Len Golden Price Administrative Services Administrator Date
Administrative Services Administrative Services Admin. 2/12/20081 :10 PM
Approved By
OMS Coordinator Appii:::atlons Analyst Date
Administrative Services Information Technology 2f13,'2008 9:51 AM
Approved By
Laura Davisson Managemem 8: Budget Analyst Date
County Manager's Office OffiCE of I\~ani).gernent &. Budget 2/15:20:]84:29 PM
Approved By
James V. Mudd County fJ:anager Date
Board of County
Commi~,sjoners County Manager's Office 2118/2008 6 :50 PM
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rebr:...:ary 26.2" Ci8
Lcase #848 ~agE: 3 f 6
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this _ day of
, 2008 at Naples, Collier County. Florida by and between Alan and i
Patricia Boole, as assigned to A & P Boole, LLC, by way of an Assignment of Lea.<.;e dated April 4,
2007, v.'hose mailing address is 470 Lagoon A venue, Naples, Florida 34 1 08, hereinafter referred to
as "LESSOR," 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
"LESSEE."
WITNESSETH
WHEREAS, Collier County and A & P BoDle, LLC. BODle have previously entered into a Lease
Agreement dated December 15, 1998. and a First Amendment to Lease Agreement dated December
14,2004;
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement;
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease
Agreement dated December 15. 1998, and Ten Dollars ($10.00) and other valuable consideration,
said Lease Agreement is hereby amended as follows:
1. The following provision shall be added to Article 2 of the Lease Agreement:
This Lease is hereby extended until March 1, 2009, hereinafter referred to as "Extended
Lease Tenn."
LESSEE is granted the option, provided it is not in default of any of the terms of this Lease,
to renev-.' this Lease for one (1) additional one (l) year terms under the same terms and conditions as
provided for in the Lease dated December 15. 1998. hereinafter referred to as "Extended Renewal
Term."
LESSEE shall be granted the right to terminate the Lease at any time, with or v.ithout cause,
by providing a thirty-day \\Titten notice of such termination to LESSOR at the address set forth in
Article 10 of the Lease dated December 15, 1998. Said notice period shall commence upon
placement of the wrinen notice in an official dl'pository of the United States Post Office. Registered
or Certified f\1ail. postage prepaid. or by personal delivery or overnight delivery service.
2. The annual rent for the Extended Lease Term shall be increased by four percent from the
previous year's rent and shall be increased by four percent for the Extended Rene\\'al Term. should
the LESSEE elect to renew this Lease.
-,. Except as expressly provided herein. the Lease Agreement between Alan and Patricia Boole
and Collier County, a political subdivision of the State of florida, for the utilization of the Demised
Premises described in said Lease Agreement dated December 15, 1998, remains in full force and
effect according to the terms and conditions contained therein, and said terms and conditions are
applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First
Amendment to Lease Agreement the day and year first above VvTinen.
AS TO THE LESSEE:
DATED: --,---
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER COU!':TY. FLORlDA
DWIGHT E. BROCK, Clerk
BY: --- BY:
Deput)" Clerk TOM HENNING, CHAIRMAN
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;geilda item f\jo. 'I '3E2
February 26, 2008
?age 4 or 6
AS TO THE LESSOR:
DATED:
BY:
ALAN BOOLE
v..-'itness (Signature)
BY:
(Print Name) PATR1CIA BOOLE
V./itness (Signature)
(Print Name)
Approved as to form and legal sufficiency:
~(J. 9> ~~
Assistant County Attorney
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,L,ge:lta ilstT1 f\Jo. 1 ::'2
rebr-~ary 26, 2 08
Lease #880 F'3g8 5 l'r.
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SECOND AMENDMENT TO LEASE AGREEME"T
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this day of
, 2008 at Naples, Collier County, Florida by and between Alan 'and
Patricia Boole. as assigned to A & P Boole, LLC, by way of an Assignment of Lease dated April 4.
2007, whose mailing address is 470 Lagoon Avenue, Naples, Florida 3410R, hereinafter referred to
as "LESSOR," and COLLIER COUNTY. a political subdivision of the State of Florida, \-"hose
mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as
"LESSEE. "
WITNESSETH
WHEREAS, Collier County and A & P Boole, LLC, BODle have previously entered into a Lease
Agreement dated July 31, 2001. and a First Amendment to Lease Agreement dated December 14,
2004;
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement;
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease
Agreement dated July 31, 2001, and Ten Dollars ($10.00) and other valuable consideration, said
Lease Agreement is hereby amended as follows:
I. The following provision shall be added to Article:2 of the Lease Agreement:
This Lease is hereby extended until March 1, 2009, hereinafter referred to as "Extended
Lease Term."
LESSEE is granted the option, provided it is not in default of any of the terms of this Lease,
to renew this Lease for one (1) additional one (1) year termS under the same tcrms and conditions as
prm'ided for in the Lease dated July 31, 2001. hereinafter referred to as "Extended Renewal Term."
LESSEE shall be granted the right to terminate the Lease at any time, with or without cause,
by providing a thirty-day v.'fitten notice of such termination to LESSOR at the address set forth in
Articlc 10 of the Lease dated July 31, 2001. Said notice period shall commence upon placement of
the \\Titten notice in an official depository of the United States Post Office, Registered or Certified
Mail, postage prepaid, or by personal delivcry or overnight delivery service.
1. The annual rent for the Extended Lease Term shall be increased by four percem from the
previous year's rent and shall be increased hy four percent for the Extended Renewal Term. should
the LESSEE elect to renew this Lease.
3. Except as expressly provided herein, the Lease Agreement between Alan and Patricia Boole
and Collier County. a political subdivision of the State of Florida. for the utilization of the Demised
Premises described in said Lcase Agreement dated July 31, 2001, remains in full force and effect
according to the terms and conditions contained therein, and said terms and conditions are
applicable hereto except as cxpressly provided othef\.visc herein.
IN WITNESS WHEREOF. the LESSOR and LESSEE have hereto executed this First
Amendment to Lease Agreement the day and year first above \Vfitten.
AS TO THE LESSEE:
DATED: ~--------
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER COUNTY. FLORIDA
DWIGHT E. BROCK, Clerk
BY: - BY: .-
Dcputy Clerk TOM HEN"ING, CHAIRMA"
P.genda item N8. 15E2
February 26, 2008
Page 6 of 6
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AS TO TilE LESSOR:
DA TED:
BY:
ALAN BOOLE
\\fitness (Signature)
BY:
(Print Name) PATRICIA BOOLE
Witness (Signature)
(Print Name)
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Approved as to form and legal sufficiency:
_~Cl- )2:,-~~
Assistant County Attorney
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