Backup Documents 12/12/2023 Item #16D12 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 D
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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.
** 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. (Enter your Dept here)
3. County Attorney Office County Attorney Office •
•
Y4k/' 12/I2/Z3
4. BCC Office Board of County RL by MB
Commissioners [s] (Z /Z�23
5. Minutes and Records Clerk of Court's Office
I PRIMARY CONTACT INFORMATION1\IJF `
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 Madison Bird Phone Number 2939
Contact/Department
Agenda Date Item was 12/12/23 Agenda Item Number 16D12
Approved by the BCC
Type of Document(s) Interlocal Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is
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 signature?(stamped unless otherwise stated) MB
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information (Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legality. (All documents to be signed by MB
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 MB
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 MB
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 MB
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is uploaded to the
agenda. 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_12/12/23 and all changes made N/A is not
during the meeting have been incorporated in the attached document. The County -94 an option for
Attorney Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made, and the document is ready for the , he an option for
Chairman's signature. 7 this line.
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05; 11/30/12;4/22/16;9/10/21
1 6 0 1 ?
Lease#PS-133
SECOND AMENDMENT TO LEASE AGREEMENT
t� THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment"), entered into this
12 day of Det.e,tbcr , 2023, by and between Collier County, a political subdivision of the
State of Florida, on behalf of Parks and Recreation, whose mailing address is c/o Real Property
Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as
"LESSOR," and HP-SSP Naples Hotel LLC, a Delaware limited partnership, whose post office address is
c/o Henderson Park, 4 Radnor Corporate Center, 100 Matsonford Road, Suite 220, Radnor, PA, successor
to NWNG LLC, a Delaware limited liability company, hereinafter referred to as "LESSEE."
WITNESSETH
WHEREAS, the LESSOR and LESSEE have previously entered into a Lease Agreement dated
October 23, 2007, and a First Amendment to Lease Agreement dated December 12, 2017, hereinafter
referred to collectively as the `Lease,' which are attached hereto and made a part hereof this Amendment;
and
WHEREAS, LESSEE and LESSOR are currently operating under the second additional renewal
term allowed by the Lease Agreement, as amended, which expires October 23, 2027.
WHEREAS, the LESSEE and LESSOR are desirous of entering into this Amendment to extend
the Lease Term and amend certain other provisions of the Lease in an effort to demonstrate their
commitment to an ongoing strategic public-private partnership to enhance the entirety of the beach
operations including the general enhancement of all improvements and facilities thereon, the
improvement of the boardwalk and LESSEE's improvement and operation of the parking lot.
WHEREAS, the LESSEE and LESSOR intend to enter into future amendments as necessary to
facilitate future strategic initiatives to accomplish the items set forth above, which may include LESSEE's
enhanced management of the beach and tram operations including but not limited to the parking lot.
NOW, THEREFORE, in consideration of the covenants and agreements provided within the
Lease, and Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby further amended as
follows:
1. Demised Premises: Lease Agreement is hereby amended to replace Exhibit "A" with updated
Exhibit"A", attached hereto.
2. Article 2. Term of Lease:
Following the renewal expiration date of October 23, 2027, the Lease term shall extend as
follows:
LESSEE shall have and hold the Demised Premise for an additional term of twenty (20) year(s),
commencing on October 24, 2027 and ending October 23, 2047 (the "Extended Term"). LESSEE
is granted the option, provided it is not then in default of any provisions of this Lease, to extend
the term for two additional terms of ten (10) year(s) each under the same terms and conditions as
provided herein, by delivering written notice of LESSEE'S unconditional intention to do so to the
4894-0861-6019.6
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LESSOR not less than thirty (30) days prior to the expiration of the Extended Term. Said notice
shall be effective upon actual receipt by the County.
3. Article 4. Section (D) 2. Other Expenses, Charges and Considerations:
LESSOR AND LESSEE agree to reduce the percentage of the gross sale of alcohol beverage due
from LESSEE to LESSOR from twelve percent (12%) to ten percent (10%). As such, Article 4
Section(D)(2) is hereby amended as follows:
***
2. Alcohol sales will be permitted on the inside seated area and the outside deck area and will not
be permitted on the beach except for private party events as permitted in Article 16 herein, and
said events shall be restricted to occurring in the area bounded by the mangroves on the east to
the water line on the west and from the northern beach access ramp connecting the concession
deck and the beach and proceeding one-thousand feet north. See Article 16 herein. LESSEE shall
remit 4-2% 10% of gross sales of all alcoholic beverages, excluding private party events, will be
paid directly to Collier County Parks and Recreation Department each month with a statement
showing gross sales for the period and shall be received without any taxes due. Payments will be
due by the 20' of the following month.; any payment received late may be subject to a $100 per
day charge.
***
4. Article 3. Rent:
Article 3 of the Lease is hereby amended as follows:
***
LESSOR agrees to Lease the Demised Premises to the LESSEE without cost to the LESSEE.
LESSEE agrees to complete capital improvements and repairs to the Clam Pass Decking area at
LESSEE's sole cost and expense within one-hundred eighty (180) days of Board approval of this
amendment.
5. Article 16. Section (A), Special Events:
The number of private events LESSEE is permitted to hold is hereby amended from twenty-six
(26)to fifty-two(52). As such, Article 16 of the Lease is hereby amended as follows:
The Demised Premises may be used during and after normal operating hours as further described
below:
***
The LESSEE shall have the express right to hold no more than twenty six (26) fifty-two (52)
private events per calendar year such as barbeques and similar functions at the Demised Premises.
Private event may not occur prior to two hours before sunset. All such private events shall be
subject to receipt of a Naples Grande Event Permit issued by LESSOR upon approval of a
complete a completed Rental Permit Agreement form and pay LESSEE's payment of a usage fee
in the amount of two-hundred ($200.00) dollars per hour to County LESSOR for the use of the
Premises. This usage fee shall be subject to modification upon mutual agreement between the
County LESSOR and Lessee.
4894-0861-6019.6 2
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6. Article 19. Services and Duties:
The LESSEE shall have the ability to extend hours to 11:00 PM on Fridays, Saturdays, Sundays
and holidays. In addition, LESSEE shall have certain additional responsibilities. As such, Article
19 of the Lease is hereby amended as follows:
The LESSEE agrees that the operation and Maintenance of the Park and concession stand(s) is to
be handled by trained personnel, with emphasis on safety and maintaining the Beachside
Facilities and immediately adjacent beach in a neat and orderly fashion. The LESSEE hereby
agrees to perform the following duties:
(A) Maintain the bathroom facilities in a clean and sanitary condition at all times.
(B) Qualify customers and give instructions on the operation of the various rental
equipment.
(C) Oversee the general use of the Boardwalk, Beachside Facilities, and the immediately
adjacent beach, and shall report all misuse, damage and violations to the authorities
and notify the Director of Parks and Recreation as appropriate. Nothing herein shall
be construed or interpreted as imposing any obligation or duty on the LESSEE for
the public's safety in their use of the ocean.
(D) Furnish all soap and other consumable supplies for the restroom facilities.
(E) Collect, bag and place the garbage in containers, and have the containers removed
from the Premises.
(F) Remove trash daily and provide litter pickup for all trash and debris not in
containers for the immediately adjacent beach, Beachside Facilities, Boardwalk, and
surrounding areas, excluding the County Public Parking Area.
(G) (Reserved) Fire Alarm and Fire Extinguisher, Sprinkler, Hood Suppression System,
Emergency Lights, and Backflow.
(H) (Reserved)
(I) Open and close the Park according to the established Park hours with exceptions of
Friday, Saturday, Sundays and holidays in which hours may be extended to 11:00
PM.
(J) Clean up debris/trash from the sand beach area in and around the demised area.
7. Article 23. Hours of Operation:
The LESSEE shall have the ability to extend the hours of operation to 11:00 PM on Fridays,
Saturdays, Sundays and holidays. As such, Article 23 of the Lease is hereby amended as follows:
4894-0861-6019.6 3
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HOURS OF OPERATION. LESSEE shall open the concession stand(s) no later than 9:00 a.m.,
and close not earlier than 6:00 p.m., seven (7) days a week, unless otherwise agreed with the
Director of Parks and Recreation. The LESSEE also agrees to open and close the public Park
from dawn to dusk unless specifically authorized in writing by the Director of Parks and
Recreation to do otherwise or the premises are in use in accordance with Section 8 above. During
inclement weather, the LESSEE shall use its own best Judgement regarding closing the
concession. Prior to closing early during such times of inclement weather, or during any times in
which the Lessee may be required to close earlier then scheduled as contained in this Lease , the
Lessee shall notify the LESSOR by telephone or by email at a minimum of thirty minutes prior to
such closing and shall obtain approval from the LESSOR prior to closing. LESSOR
acknowledges that weather conditions change quickly, and if LESSEE is unable to provide the
a t i t ESSEE sh 11 Tram best ors s ti fy r ESSO
quickly as possible, The LESSOR shall have the right to request LESSEE to extend its normal
operating hours to accommodate County-sponsored events for up to 15 hours of such extended
operations per year, to require a written guarantee from County of revenue to be generated during
such extended hours, in amount(s)to mutually agreed up on by the parties.
***
8. Article 5. Modifications to Demised Premises:
The LESSEE shall have the ability to make certain improvements and modifications to
the Demised Premises. As such, Article 5 of the Lease is hereby amended as follows:
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 an APPROVAL to such request to LESSEE.
Notwithstanding the immediately preceding sentence, LESSEE intends to make capital
improvements and modifications to the Demised Premises in an effort to enhance the overall
experience for Collier County residents and guests of the LESSEE's resort, however LESSEE
shall not make any major structural or capital improvements or modifications to the Demised
Premises without LESSOR's prior written approval in accordance with the immediately
preceding paragraph. LESSEE shall have the right to make reasonable non-structural
improvements and modifications to the Demised Premises as necessary to enhance the Demised
Premises, improve the life safety of the Demised Premises (including without limitation the
addition, repair or replacement of handrails on all staircases) and bring the Demised Premises in
compliance with all applicable building codes and the requirements of the Americans with
Disabilities Act,without LESSORs prior written approval.
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
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future applicable laws, ordinance, rules, regulations, and requirements of the United Sales of
America, State of Florida, County of Collier, and any and all other governmental agencies,
however nothing contained herein shall be construed as the LESSEE covenanting or warranting
the work of third-party contractors retained to do any of the aforementioned work.
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.
9. Article 20. County Public Parking Area.
The Demised Premises has been revised to include the area commonly known as 465 Seagate
Drive, Naples, Florida (the "County Public Parking Area") as set forth in Section I of this
Amendment. As such Article 20 of the Lease is hereby amended as follows:
Any maintenance of and supervision of the County Public Parking Area including related
landscaping shall be the sole responsibility of County LESSEE. Lessee LESSOR shall have no
duties whatsoever with respect to the County Public Parking Area, and shall incur no expense or
liability with respect thereto. The Lessee will ensure that no employees will park cars in the
public lot during their working hours, unless previously approved in writing by the Director of
Parks and Recreation.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Second
Amendment the day and year first above written.
AS TO THE LESSEE:
HP-SSP Naples Hotel LLC
By:
Printed Name:
Title:
AS TO THE LESSOR:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
liy: PC. By:
Attest as to Chairman's I)ep Clerk Rick LoCa tro, Chairman
signature oni •
Approved , : , frd legality:
IPi►r
Jeffrey A. •1 atzko County Attorney
I I�.
4894-0861-6019.6 5
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16 012
future applicable laws, ordinance, rules, regulations, and requirements of the United Sales of
America, State of Florida, County of Collier, and any and all other governmental agencies,
however nothing contained herein shall be construed as the LESSEE covenanting or warranting
the work of third-party contractors retained to do any of the aforementioned work.
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.
***
9. Article 20. County Public Parking Area.
The Demised Premises has been revised to include the area commonly known as 465 Seagate
Drive, Naples, Florida (the "County Public Parking Area") as set forth in Section I of this
Amendment. As such Article 20 of the Lease is hereby amended as follows:
Any maintenance er and supervision of the County Public Parking Area including related
landscaping shall be the sole responsibility of County LESSEE. LLessee LESSOR shall have no
duties whatsoever with respect to the County Public Parking Area, and shall incur no expense or
liability with respect thereto. The Lessee will ensure that no employees will park cars in the
public lot during their working hours, unless previously approved in writing by the Director of
Parks and Recreation.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Second
Amendment the day and year first above written.
AS TO THE LESSEE:
HP-SSP Naples Hotel LLC
By:
Printed Name: Chris Randolph
Title: Authorized Signatory
AS TO THE LESSOR:
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
By:,. By:
Rick LoCastro, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
4894-0861-6019.6 5
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