Agenda 10/14/2014 Item # 16B5 10/14/2014 16.B.5.
EXECUTIVE SUMMARY
Recommendation to reject a proposal for early termination of a lease agreement between
the Community Redevelopment Agency and Budget Rent-A-Car System Inc.
OBJECTIVE: Recommendation for the Community Redevelopment Agency (CRA) to reject Budget
Rent-A-Car System's proposal to terminate its Lease with the CRA in advance of the expiration date.
CONSIDERATION: The CRA was assigned a Lease from CC&E Investments for Budget Rent A Car in
2009. The CRA executed an Extension & First Amendment to the Lease Agreement on January 24,
2012. NDN ran an article regarding CRA Board consideration on June 24, 2014 to review an offer to
purchase and advertise the site. As a result of the article, Budget Rent-A-Car contacted CRA staff via
phone and advised of their intent to vacate the building and relocate their business to a new site and their
desire to terminate the Lease. CRA received a letter from Budget dated July 30, 2014 stating they did not
wish to exercise their renewal option. CRA staff informed the CRA Advisory Board at their September 9,
2014 meeting of Budget's notice not to exercise the renewal option and terminate lease. The Advisory
Board voted unanimously to forward Budget's request for early termination to the CRA Board with a
recommendation of denial. Budget was advised of the same. CRA staff received a letter dated September
24, 2014 from Budget's attorney stating the County's failure to provide Budget advance notice of its
intent to sell the Premises adversely impacted their ability to continue to operate at the premises and
finding an alternate property has been challenging. CRA staff forwarded all pertinent information to the
County Attorney's office for review. A formal letter of request was forwarded from Budget to the County
Attorney's Office requesting Budget be released from their rental obligation and the January 31, 2015
expiration date and to make a lump sum payment to the CRA equal to the rents owed for November and
December.
Paragraph two of the Lease Extension that was signed by Budget Rent-A-Car on January 24, 2012 clearly
states the Landlord intends to sell the property. Furthermore, it states in the event the Landlord
determines the land will sell in the foreseeable future and wishes the tenant vacate the Landlord will
provide them 180 days notice. The County was under no obligations to provide 180 notice unless they
wanted the tenants to vacate the property and upon said notice the tenant was provided the option to
vacate earlier without liability if the Tenants located an alternate premise.
CRA staff spoke with representatives from Budget after the NDN article and advised Budget that the
CRA did not wish for them to vacate the premises. CRA staff informed them that no contract has been
approved, however if any contracts were approved, the CRA would provide them the 180 notice at that
time and the Buyer would be required to honor the Lease Agreement.
FISCAL IMPACT: Early termination would result in one month's loss of rent in the amount of
$5,304.50.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort.
RECOMMENDATION: The Community Redevelopment Agency (CRA) reject Budget Rent-A-Car
System's proposal to terminate its Lease with the CRA in advance of the expiration date.
PREPARED BY: Jean Jourdan,AICP Bayshore/Gateway Triangle CRA
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10/14/2014 16.B.5.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.B.16.B.5.
Item Summary: Recommendation to reject a proposal for early termination of a lease
agreement between the Community Redevelopment Agency and Budget Rent-A-Car System
Inc.
Meeting Date: 10/14/2014
Prepared By
Name: BrockMaryJo
Title: Executive Secretary to County Manager, County Managers Office
10/8/2014 11:33:44 AM
Submitted by
Title: Executive Secretary to County Manager, County Managers Office
Name: BrockMaryJo
10/8/2014 11:33:45 AM
Approved By
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 10/8/2014 3:28:32 PM
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--f` 10/14/2014 16.B.5.
avis budget group Donna j.Maori
Senior Real Estate Counsel
Properties&Facilities Department
973 496 7986 T
973 496 1241 F
don-ia.macrio_5@avisbudget.com
July 30, 2014
Via UPS Overnight and Email JeanJourdanacolliergov.net
Collier County Community Redevelopment Agency
c/o Bayshore/Gateway Triangle CRA
4069 Bayshore Drive
Naples, FL 34112
Re: Tenant: Budget Rent A Car System, Inc ("Budget")
Premises: Part of 1933 and 1965 Tamiami Trail, Naples, FL
Dear Landlord:
This letter shall serve as a courtesy notification that Budget will not be exercising the renewal option
that is available under the Lease in connection with the above-referenced location. As such, the Lease
shall continue through January 31, 2015.
Should you have any questions or wish to discuss this matter, please do not hesitate to contact the
undersigned.
e, truly yours,
r" i
OLIN Ja MAORI
cc: Via Email:
Peter Piracci
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10/14/2014 16.B.5.
avis '"`+ Donna� �� i , Ji J.Macri
V` Senior Real Estate Counsel
October 7,2014 Properties&Facilities Department
973 496 T
Via Regular Mail and Email 973 496 12416F
Jeffrey A. Klatzkow, Esq. donna macri @avisbudget,com
Office of the County Attorney
3299 East Tamiami Trail, Suite 800
Naples Florida 34112-5749
Landlord: Collier County Community Redevelopment Agency do Bayshore/Gateway Triangle CRA
Tenant: Budget Rent A Car System, Inc.
Premises: Part of 1933 and 1965 Tamiami, Naples, FL
Dear Mr. Klatzkow,
I am writing on behalf of Budget Rent A Car System, Inc. ("Budget") in connection with the Lease dated October 7,
2008 between Budget and Collier County Community Redevelopment Agency c/o Bayshore/Gateway Triangle CRA
("County") for the above referenced property. The Lease is currently scheduled to expire on January 31, 2015
("Expiration Date").
In furtherance of our telephone conversation on Friday, October 3, 2014, Budget proposes to terminate the Lease in
advance of the Expiration Date. In this regard, I have been authorized to submit to the County Budget's proposal to
terminate the Lease in advance of the presently scheduled Expiration Date. Budget proposes to immediately
surrender possession of the Premises, terminate the Lease and make a lump sum payment to the County equal to
the amount of rent owed for November and December, in exchange for being released from its Lease as of the
surrender date.
Kindly submit the above proposal to the County and advise the undersigned of the County's response. We will be
happy to prepare the documentation to memorialize the early termination.
Shoulddyou have any questions, please do not hesitate to contact the undersigned.
Veritruly yours,
If
DONNA,F:'MACRI
cc: Via email
Jean Jourdan,ACIP Interim Director
Bayshore/Gateway Triangle CRA
Bayshore Beautification MSTU
Haldeman Creek MSTU
3570 Bayshore Drive Unit#102
Naples, Fl 34112
Peter Piracci
Avis Budget Packet Page -1075-3rsippany,New Jersey 07054
10/14/2014 16.B.5.
EXTENSION AND FIRST AMENDMENT TO LEASE AGREEMENT
THIS EXTENSION, AND FIRST AMENDMENT TO LEASE AGREEMENT entered
into this day of 'I o,,,,,, , , 2012, between COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY (hereinafter referred to as "Landlord"), as assigned, and
BUDGET RENT A CAR''SYSTEMIC. (hereinafter referred to as "Tenant").
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable
consideration, the parties agree as follows:
WHEREAS, C.C. Investments LLC, the former owner of property depicted in the
attached survey, Exhibit A ("Premises"), and Tenant have previously entered into a Lease
Agreement dated October 7, 2008 and a letter of Agreement dated February 4, 2009 (collectively
"Lease") which are, attached as Exhibit B; and
WHEREAS, on September 16, 2009, the Landlord acquired the property subject to the
Lease Agreement and entered into an Assignment of Lease, dated September 14, 2009, attached
as Exhibit C; and
WHEREAS, Landlord and Tenant desire to extend the Term of the Lease Agreement
from January 31, 2011 to February 1, 2015 ("Extension Term") and reduce the monthly rent; and
WHEREAS, Landlord and Tenant desire to provide for an option to renew the Lease
Agreement for one, two (2)-year period beyond the Extension Term subject to the conditions set
forth herein; and
WHEREAS, the Landlord and Tenant also desire to amend other provisions of the Lease
Agreement in the manner set forth below.
NOW THEREFORE, in consideration of the covenants and conditions set forth herein,
together with Ten Dollars ($10.00) and other valuable consideration, the Lease Agreement is
amended as follows:
1. The Term of the Lease as set forth in Section 1.02 (f) is hereby extended to January 31,
2015.
2. The Renewal Option set forth in Section 1.02 (g) and Section 1.05 of the Lease
Agreement are amended provide for one, two (2)-year extension, which if exercised as
provided for herein commence on February 1, 2015, subject to paragraph 2 (c) below.
To exercise this Option, Tenant shall continue he required to serve written notice to
Landlord ninety (90) days prior to the expiration of the Extension Term.
The parties acknowledge that Landlord intends to sell the real property to a third party for
redevelopment purposes. In order to facilitate Landlord's goals, the parties hereby agree
to the terms and conditions set forth as follows:
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10/14/2014 16.B.5.
a) In the event Landlord determines that a sale of the Premises is likely to occur within the
foreseeable future and Landlord desires that the Tenant vacate the Premises on the
expiration of the Extension Term, Landlord shall notify the Tenant in writing no less than
one hundred and eighty (180) days prior to the termination date of the Extension Term
and Tenant shall at the end of the Extension Term vacate the premises. If Landlord
serves Tenant with the aforesaid notice, the Lease shall terminate on the scheduled
expiration date of January 31, 2015 unless otherwise agreed to by the parties in writing or
as provided for in Section 2(b)below.
b) If the Landlord serves Tenant with notice as provided for in Section 2(a) above and,
during the 180 day period contained in Section 2(a), Tenant locates alternate premises
before the expiration of the Extension Term, February 1, 2015, Tenant may proceed to
vacate the Premises prior to the expiration of the Extension Term and thereupon, Tenant
shall have no liability for rents due and payable after Tenant vacates the Premises and, if
applicable, Tenant shall receive a refund of any prepaid rents.
c) The Renewal Option is available to Tenant provided the Premises remains unsold prior to
Tenant exercising Renewal Option, Landlord shall notify the Tenant in writing no later
than one hundred and eighty (180) days prior to the Lease Termination Date and
Landlord and Tenant shall sign a second amendment to the Lease Agreement granting the
Tenant an additional two (2)-year Extension Term subject to the terms and conditions of
the Lease Agreement, as amended, and subject to re-negotiated monthly rent, not to
exceed fair market value.
3. Commencing on February 1, 2012, rent as set forth in Section 1.02 (h) of the Lease shall
be modified to $5,000 per month, plus sales tax, and on February 1, 2013, the rent shall
increase to $5,150.00 per month, plus sales tax, on February 1, 2014, the rent shall
increase to $5,304.50 per month,plus sales tax.
4. Section 1.06, Termination/Relocation Rights, is deleted in its entirety.
5. The first paragraph of Section 8.05, Hold Harmless, is amended as follows an the
balance of Section 8.05 remains in full force and effect.
Tenant shall save and hold harmless, indemnify and defend Landlord from any and all
liabilities, claims, losses, or damages arising out of, or alleged to arise out of, or indirectly
connected any operations of the Tenant under this Lease,and/or arising out of the presence
at the place of business, or improvements thereto, of any agent, guest, customer, supplier,
contractor or subcontractor of Tenant. The amounts of insurance maintained by the
Tenant shall not be deemed a limitation on Tenant's agreement to indemnify Landlord. If
Tenant becomes liable for any of the same in an amount in excess of the insurance, Tenant
shall indemnify Landlord for the whole thereof
6. Section 15.07 is deleted in its entirety.
7. Except as expressly provided herein,the Lease Agreement dated October 7, 2008, and the
Letter of Agreement dated February 3, 2009 remains in full force and effect according to
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10/14/2014 16.B.5.
the terms and conditions contained therein, and said terms and conditions are applicable
hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the Landlord and Tenant have hereto executed this Extension
and First Amendment to Lease Agreement the day and year first above written.
AS TO LANDLORD:
ATTEST: COLLIER COUNTY COMMUNITY
DWIGHT‘ . BRObK, Clerk REDEVELOPMENT AGENCY
. .
B UJcLIcC By
ie
Aitist is 6 ;dgilfiquclOK JIM C TTr
A, CHAIRMAN
,Oft us4
AS TO TENANT: BUDGET RENT A CAR SYSTEM, INC.
r\
/
By:
"-Witness (Signature) Name: _
j A t t
Title: rl
;)•-ii: /*I
(Prirnt Name)
■, ‘) ,
Witness (Signature)
—
A ,
(Print Name)
Approval for form
and Q,al Sufficiency:
6.
1\
AssiZant County Attorney
3
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10/14/2014 16.B.5.
EXHIBIT 'n I
LEASE AGREEMENT
ARTICLE I-BASIC LEASE PROVISIONS
SECTION 1.01. This Lease ("Lease") is dated the day of ( c7 13ER �?� 2008, by and
between C.C.Investments, LLC,(Landlord),and Budget Rent A Car System, Inc., ("Tenant").
SECTION 1.02.SUMMARY OF PROVISIONS. The following Lease provisions are an integral part of this
Lease, are referred to in other sections hereof and are set forth in this section for the convenience of the
parties. Each reference in this Lease to a Basic Lease Provision shall be construed to incorporate all of
the terms set forth herein
(a) Landlord: C.C. Investments, LLC
380 10th Street South
Suite 103
Naples, Florida 34102
239-285-5008-phone
239-263-1906-facsimile
mkcecrna0les.com-email
(b) Tenant: Budget Rent A Car System, Inc.
(c) Tenant's Address: 6 Sylvan Way
Parsippany, NJ 07054
• Attn.: Properties Department
(d) Location Address: Part of 1933 and 1965 Tamiami Trail, Naples, Florida
33980
(e) Premises: Entire office building estimated to be 1128 square feet.
0.98 acres and all parking spaces depicted in the survey
as Exhibit"A".
(f) Term: Commencing on November 1,2008 through and including
December 31, 2011 subject to the following conditions
being met:
1. Tenant is able to operate its business with all
necessary business licenses and permits and
conditions having been met by Landlord or Tenant;
and
2. Receipt of all governmental Approvals (defined
below), permits, and licenses, including but not
limited to a special use/conditional use permit which
shall be in writing and recorded; and
3. Landlord shall have satisfied all of the conditions of
the Collier County Conditional Use Permit issued by
the County, which conditions or requirements
include'but are not limited to: installing a curb cut, •
closing off the west entrance onto US 41,and
landscaping to block off the south entrance per the
Collier County Department of Transportation
requirements; any other landscaping, paving or
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10/14/2014 16.B.5.
other requirements or conditions imposed as a
condition to the Approvals for Tenant to operate and
open for its business (collectively referred to as
"Conditions"). The conditional use permit issued by
Collier County shall be attached hereto and
incorporated by reference as Exhibit E.
Landlord responsible, at its sole cost and expense, for satisfying all the
Conditions required by Collier County pursuant to the Conditional Use
Permit and the Approvals. All paving, closing off the entrance to US 41,
and any and all curb cuts imposed or required by the Approval process
must be acceptable to Tenant, in its sole discretion, both as to the
location/placement and size.
If any of the foregoing conditions or Conditions are not met or Tenant is
unable to secure all governmental approvals, permits, licenses, including
the special use permit and occupancy permit ("Approvals") for any
reason whatsoever or the costs/conditions associated with Approval are
cost prohibitive to Tenant as determined by Tenant in its sole discretion
or the costs/condition associated with the Approvals will restrict Tenant's
use of the Premises as determined by Tenant in its sole discretion,
Tenant shall notify Landlord in writing of same and shall be entitled to
cancel this Lease and shall thereupon be released and discharged of its
obligations hereunder.
If the Lease does not commence on November 1, 2008 because the
conditions, Conditions or Approvals are not satisfied by November 1,
•
2008, the Commencement Date shall be the date Tenant is lawfully
permitted to conduct its business with the Approvals having been
granted. To the extent the lease commences on a day other than the
first day of the month, then the first lease year (a period of twelve (12)
consecutive full calendar months) shall commence upon the first day of
the calendar month next following the date of the commencement of the
term hereof. Each succeeding Lease year shall commence upon the
anniversary date of the first lease year.
(g) Renewal: One (1), Three (3) year option to extend the Lease.
Rent for the first renewal term, if exercised, shall be
$7,245.00 per month for the 1St year, $7,498.58 per
month for the 2nd year, and $7,761.03 per month for the
• 3rd year
(h) Rent: Rent shall commence January 1,2009,subject to
the Landlord having completed all the Conditions
required by the Conditional Use Permit, having
completed and passed all final inspections by November
30,2008 so that Tenant may open by January 1, 2008.
("Rent Commencement Date").To the extent that Tenant
is unable to open or operate because Landlord has not
fulfilled the requirements or Conditions of Conditional
Use Permit or completed and passed all final
inspections, the Rent Commencement Date shall be
postponed on a per diem basis until such time as
Landlord has fully satisfied Collier County's conditional
use requirements.
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r ,
Commencing on the Rent Commencement Date,
monthly rent shall be$6,000 for year 1,then$7,000.00
per month for the 2nd and 3rd lease years
Any rent for less than a full calendar month shall be
equitably prorated on a per diem basis.
(i) Security Deposit: None.
(j) Tenant's Use: Motor vehicle leasing and rental business,
washing and associate uses as more particularly set
forth below.
SECTION 1.03. PREMISES. In consideration of the rents, covenants and agreements hereinafter
contained, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord, those certain •
premises containing approximately 1128 square foot building and 0.98 acres of land comprising part of
1933 and 1965 Tamiami Trail, Naples, Florida 33980, together with all available parking areas depicted in
survey of Premises for Tenant's exclusive use (hereinafter "Premises"). A copy of the survey of the
Premises is attached hereto and incorporated by reference as Exhibit"A".
SECTION 1.04. TERM. The Term of this Lease shall be for a period of three (3) years and two (2)
months as set forth in Section 1.02(f)subject to the Conditions and Approvals in Section 1.02 being met.
SECTION 1.05.RENEWAL OPTIONS.
(a) Provided Tenant is not in default under the terms of this Lease Agreement Tenant shall have the
right and option to renew the Term of this Lease Agreement for one (1) additional Three (3) year period
upon the same terms and conditions as are herein set forth. Tenant may exercise this option by serving
written notice to Landlord given ninety (90) days prior to the expiration of the applicable Term. If so
exercised by Tenant, rent during the First Option Term (12/1/11- 11/30/14) shall be $7,245.00 per month
for the 1St year,$7,498.58 per month for the 2nd year, and$7,761.03 per month for the 3'd year.
SECTION 1.06.TERMINATION/RELOCATION RIGHTS.
A) Subject to the terms and conditions set forth below, if Landlord elects to redevelop the Landlord's
entire property,which includes the section of the Premises (as depicted on Exhibit B attached hereto and
incorporated by reference) and parcels which are not demised to Tenant hereunder for the purpose of
developing a strip mall,then Landlord shall do the following:
(1) Notify Tenant in writing no later March 31, 2013 during the first option period of its intention
and provide Tenant with a proposed set of plans:
(2) Landlord's written notice and plans shall offer Tenant the right to relocate Tenant inside the
strip mall to a comparable space with comparable parking and parking in the same proximity to
the proposed new location as the proximity of the parking to the Premises, such proposed new
location shall be depicted on Landlord's plans;
(a)the build-out of the proposed new location shall be performed by Landlord at its sole
cost and expense with the space built out comparable to the current premises, which
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•
shall included a finished space with flooring, painting, electrical, data lines, counters and
the like in place and in tact;
(b) Landlord shall be solely responsible for all costs and expenses incurred (directly or
indirectly) in connection the relocation, including, but not limited to, making the proposed
new location comparable to the Premises with improvements comparable to those in the
original Premises and in quantity and quality to those in the original Premises;build-out of
the proposed new location, costs of improvements, moving costs, stationary costs,
telephone and datelines, counter (which may to the extent possible be relocated to the
proposed new premises),costs for door lettering, telephone and data lines to be installed,
transferred and set up; new faces on pylon sign or credit towards monument or existing
signage to be relocated; reasonable quantities of new stationery; changes to directory
assistance and such similar listing in all mediums employed by Tenant; Tenant's
furniture, trade fixtures, back wall signs, computer and data equipment, personal property
all set up in the proposed new space;
(c) The new location has similar square footage as contemplated by this Lease and
frontage along Tamiami Trail, Naples Florida;
(iv) Landlord shall obtain, at its sole cost and expense, and prior to the relocation, all
necessary business license(s),zoning approvals,variances, building permits, special use
permits, conditional use permits or a certificate of occupancy necessary for Tenant's use
("Approvals"),including the right to rent trucks at the proposed new location.
(d)Tenant shall be permitted to remain at the Premises until such approvals have been
issued for Tenant's occupancy at the new proposed space. (e)Tenant shall have the sole
right to consent or reject the relocation. If Tenant rejects the relocation, Landlord may
terminate the Lease as provided for in (b)below.
(f) Tenant would not be expected to move unless and until all Approvals which were
previously granted are issued for the proposed new premises and the proposed new
premises are ready for Tenant's use and occupancy and business.
(g) If Tenant relocates, each and every condition of this lease shall remain in full force
and effect, except rent which must be mutually agreed upon by the parties. Rent and all
financial amounts paid by Tenant to Landlord for the proposed new space shall be
reduced from the rents provided for herein and under all circumstances shall be
discounted from the then current fair market value for such space. The term shall remain
the same unless extended by the parties in writing. The parties shall memorialize their
intent and agreement with regard to the new Premises by executing an amendment to
the Lease.
(2) If the parties are unable to agree on the relocation and the terms and conditions of same within two
hundred and ten (210)days of receipt of Landlord's proposal to develop/construct the strip mall,
(a) Tenant shall have the right to terminate the Lease upon written notice to Landlord
and the termination would be effective as of November 30, 2014.
(b) Landlord shall have the right to terminate the Lease provided Landlord has
satisfied all of the foregoing conditions precedent as outlined in (a) above, Landlord shall
have the right to terminate this Lease by serving written notice to Tenant and the
terminate would be effective as of November 30, 2014.
If the Lease is terminated, Landlord shall reimburse Tenant the cost of any unamortized
improvements or costs made by Tenant during the term, provided Landlord has given his
prior approval to Tenant to make said improvement or incur such costs, if any.
(B) Subject to the terms and conditions set forth below, Landlord shall have the ability, at any time during
term of this Lease or the first renewal term, subject to paragraph C below, to construct a roadway that
connects Tamiami Trail and Davis Boulevard; and it is contemplated that such roadway may require
Landlord to utilize a ten foot (10') strip of land along the left side of the Premises and a 55 x 84 x 115
segment of land in the rear of the premises. The rear portion to be utilized is depicted on Exhibit B,
shown as the cross-hatched green portion of the premises. The ten foot (10') strip of land along the left
side of the premises is depicted on Exhibit B, shown as the cross-hatched yellow portion of the premises
attached hereto and incorporated by reference. Landlord may do so provided the following conditions are
met:
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10/14/2014 16.B.5.
,
(1)Landlord shall provide Tenant with at least one hundred and twenty(120)days written
notice of its right to commence construction of the roadway and Landlord will provide
Tenant with a set of plan; however, in each and every instance, notice must be serve
upon Tenant prior to September 30, 2010 for the initial term and prior to September 30,
2013 in the first option term;and
(2) Tenant agrees that the curb cut and ingress and egress access to Tamiami Trail will
be closed and that all access to the Premises will be through the roadway; and
(3) Tenant shall agree to all proposed ingress and egress between Tamiami Trail and
David Boulevard;and
(3) Landlord shall pay all costs and expenses of building the roadway, blocking the
entrance and any other conditions or requirements required per the Collier County
Department of Transportation, Collier County or any other governmental body, agency,
official or political subdivision; and
(4) Rather than provide Tenant with a rent reduction for the land subject to the
construction of the roadway, Landlord shall reduce Tenant's share of the real estate
taxes set forth in Section 15.06 and insurance as set forth In Section 8.03 in proportion to
the portion of the Premises taken to construct the roadway;and
(5) Landlord will send Tenant a written proposal prior to constructing the parking setting
forth the proposed new parking lot layout, which will serve as the basis for a reduction in
Tenant's share of the real estate taxes as set forth in Section 15.06 and insurance as set
out and
forth in Section 8.03 consistent with paragraph (B)(4) above. The parking layout
proposal shall be approved by Tenant and Landlord in writing and shall set forth Tenant's
reduced percentage of real estate taxes. This arrangement has been agreed to between
the parties in lieu of a reduction in Tenant's base rent and it is of the utmost importance
that Landlord provide Tenant with the same number of parking spaces as prior to the
construction of the roadway whether such parking spaces are located on the Premises or
adjacent thereto (as approved by Tenant) and that such parking shall be paved and
striped in accordance with local and governmental building codes; In no event shall
Tenant's parking be less than 31 spaces as indicated on the Site Plan submitted with
Tenant's Conditional Use Permit application, attached as Exhibit C.; and
6) Landlord understands that such roadway construction will alter Tenant's parking as
approved in the Conditional Use Permit issued by Collier County. Thus, Landlord shall
obtain written pre-approval from Collier County allowing the change in Tenants parking
and obtain, if necessary, at landlord's sole cost and expense an amended Conditional
Use Permit for Tenant's use and occupancy of the altered premises. However, in no
event shall Tenant's parking be less than 31 parking spaces. In the event Collier County
approves the change in Tenants parking, but allows less than Tenant's required 31
parking spaces, Tenant shall have the right to deny approval of such taking of land and
roadway construction and Landlord shall be precluded from moving forward with the
roadway construction.
(6) Landlord's construction of such roadway is expressly conditioned upon Tenant
consenting to the Landlord's roadway proposal,which consent shall not be unreasonably
withheld or delayed. If Tenant does not issue its consent to the Landlord's roadway
proposal, Landlord shall not proceed with such roadway.
(C)The rights set forth in paragraph A above shall be exercisable only during the first option period and
the rights set forth in Paragraph B shall be exercisable during the initial term or first option term.
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10/14/2014 16.B.5.
Thereafter, Landlord's rights as set forth in this Section 1.06 shall lapse unless extended by the parties as
agreed to in writing.
(D) The rights granted to Landlord pursuant to paragraphs A and B above shall in no event unreasonably
interfere with Tenant's use and enjoyment of the Premises and Landlord shall expressly require its
contractors, subcontractors, employees and agents to not unreasonably interfere with Tenant's use and
enjoyment of the Premises.
(E) As set forth in Section 1.02(f), if the Lease does not commence on October 1, 2008,the dates for the
first and second option renewal term, the dates to exercise such renewal options, and the dates Landlord
must notify Tenant shall all be adjusted accordingly, to afford the same notice periods to the parties.
SECTION 1.07. RENTAL PAYMENTS. Subject to the provisions of this Lease Agreement, Tenant
agrees to pay Landlord during the Term, in advance on the first day of each calendar month all rental
payments. Payments of rent shall be made by check to the order of the Landlord and forwarded by
ordinary mail to the address set forth in Section 1.02(a) or to such other address as the Landlord may
designate in writing. Any rent for less than a full calendar month during the first or last month of the lease
Term will be equitably prorated on a per diem basis.
ARTICLE II-USE
SECTION 2.01. USE. Landlord acknowledges and consents to Tenant's use and occupancy of the
Premises for the operation of a motor vehicle leasing and rental business, including, but not limited to,
washing Tenant's motor vehicles, cleaning of interiors of motor vehicles, outside storage and display of
Tenant's motor vehicles, overnight parking of Tenant's motor vehicles, the sale of moving supplies, boxes
and tape and all uses incidental and necessary to the foregoing including mechanical servicing and repair
of Tenant's motor vehicles, unless Landlord gives its advance written consent for another use. Tenant
shall have the right to use this location as an agency operator location. The term "motor vehicles" as
used herein shall include, but not be limited to, cars, vans, cargo vans, trucks and sports utility vehicles
and any ancillary equipment, trailers or services.
SECTION 2.02. USE REQUIREMENTS. In addition to the Conditions and Approvals set forth in
Section 1.02(f) above, in the event that local ordinances or regulations preclude, or substantially impede,
restrict, or prohibit Tenant's use of the Premises or Tenant is unable to secure necessary business
license(s),zoning approvals, variances, building permits, special use permits, conditional use permits or a
certificate of occupancy or such approvals are cost prohibitive, Tenant may, at Tenant's option, terminate
this Lease Agreement by giving ten (10) days written notice to Landlord in which event the rental
payments shall be prorated as of the day specified in said notice and Tenant shall thereupon be released
and discharged from the performance of all covenants, terms and conditions of this Lease Agreement.
Tenant is under no duty, nor is Tenant obligated to exhaust all legal and/or administrative avenues to fully
comply with such requirements.
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Landlord further agrees without limiting Tenant's right to so terminate this Lease Agreement, that
in the event any of the uses outlined in Article 2 hereof are or become substantially impeded, restricted or
prohibited,Tenant shall have the right at Its option and at any time prior to Tenant's exercise of its right to
terminate this Lease Agreement, to make any application prescribed by any governmental authority to
permit or restore these uses or to contest the validity of any statute, ordinance, regulation or court
decision impeding these uses at Tenant's own expense.
Landlord further agrees that if Tenant desires to make application or contest the validity of any
statute, ordinance, regulation or court decision or execute and record any memorandum of lease, that
Tenant, may but shall in no event be required to do so at the Tenant's own expense, except as
hereinbefore provided, and as Landlord further agrees that if any provision of law, act, rule, code,
regulation, ordinance, or other provision of any state, municipal or other governmental department,
division, bureau or agency shall require that the owner of the Premises join in, consent to, execute or
institute any action, proceeding, or application that Landlord will give his consent thereto and Tenant may
in its name, in Landlord's name or in both names, institute such actions or proceedings and make such
applications as Tenant shall require for its enjoyment and use of the Premises, provided such action or
proceedings shall be undertaken at Tenant's sole expense unless otherwise agreed to by the Landlord.
ARTICLE III -POSSESSION
SECTION 3.01. POSSESSION AND FAILURE TO DELIVER POSSESSION. Landlord warrants and
represents that the Premises shall be free of any and all occupancies as of the Commencement Date. If
the Landlord is unable to deliver possession of the Premises to the Tenant with all requirements and
Conditions of the Conditional Use Permit, including but not limited to those set forth in Section 1.02(f),
having been satisfied and final inspections passed and completed by December 31, 2008 so that Tenant
may open no later than January 1, 2009, or if the fence in the rear of the Premises is not removed by
October 1, 2008, or if the Premises are not delivered free of all occupancies, then, in addition to any other
rights available to Tenant at law or in equity, Tenant's responsibility for rent shall abate proportionately or
Tenant may, at its option, cancel this Lease without incurring any liability hereunder.
SECTION 3.02. QUIET ENJOYMENT. Landlord warrants that it has good and marketable title to the
leased Premises and that it has the right to lease the Premises to Tenant. If Tenant is not in default and
subject to the Lease terms, Landlord warrants that Tenant's peaceable and quiet enjoyment of the
Premises shall not be disturbed by anyone during the Lease Term, any Renewal Term and any period of
holding over without any hindrance or molestation by Landlord or any person claiming lawfully under
Landlord, subject however,to the terms of this Lease Agreement.
SECTION 3.04. NON-COMPETITION. The Landlord covenants and agrees that it will not, during the
Term of this Lease, lease or permit the leasing of any part of the Premises, or to be used as a motor
vehicle rental business or for any other use permitted to Tenant by the terms of this Lease.
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ARTICLE IV-CONDUCT OF BUSINESS BY TENANT
SECTION 4.01.COMPLIANCE WITH LAWS.
(a) Following the Commencement Date and subject to Section 4.01 (b)below,Tenant, at its sole cost and
expense, but only insofar as the same apply to Tenant's specific use and occupancy of Premises, or any
improvements or alterations constructed by Tenant or arise from Tenant's negligent acts or omissions,
shall comply and shall cause the Premises to be in compliance with all applicable statues, laws,
ordinances, rules, orders and regulations of every kind and nature now or hereinafter affecting said
Premises or any part thereof.
(b) Landlord warrants that as of the Commencement Date that the Premises in its current state and not as
occupied by Tenant and its business, the Premises complies with all applicable federal, state, local or
municipal laws, ordinances, codes, directions, guidelines, rules and regulations of the health officer, fire
marshal, building inspector or other proper officials of the governmental agencies having jurisdiction or
governmental subdivisions, including but not limited to ADA(as defined below) and the Premises is free
of conditions that would render it unsafe for occupation and use. Landlord shall indemnify and hold
harmless Tenant from and against any and all claims, causes of action, demands, costs and expenses
(including reasonable attorney's fees)damages and liability of any kind or nature arising out of the failure
to comply with all applicable laws, ordinances, codes, directions, guidelines, rules and regulations of the
health officer, fire marshal, building inspector or other proper officials of the governmental agencies
having jurisdiction or the unsafe condition(s) where such violation and/or non-compliance and/or unsafe
condition(s)existed on or before the Commencement Date.
ARTICLE V - ALTERATIONS AND SIGNS
SECTION 5.01. TENANT ALTERATIONS. Tenant shall be permitted to make or cause to be made any
alterations, additions or improvements to the Premises, or install or cause to be installed any exterior
signs, floor covering, interior or exterior lighting, plumbing fixtures, shades, canopies or awnings or make
any changes to the store front, mechanical, electrical or sprinkler systems without the prior written
approval of Landlord, unless the cost of such alteration, addition or improvement exceeds $500,000. In
cases where the cost of additions or improvements to the Premises exceeds $500,000 Tenant shall
secure the Landlord's prior written approval,which shall not be unreasonably withheld or delayed.
SECTION 5.02. SIGNS. Landlord agrees that Tenant shall have the right to make, place, install or
display any signs, lights, lettering or painting for purposes of advertising any business lawfully conducted
in the Premises in accordance with Collier County, Florida codes. Specifically, Tenant shall be granted
the exclusive use to install its signage on the 8' x 8' pole sign outside the Premises as depicted in a
rendering prepared by R&W Signs, inc. The exact location, size and appearance of any of such
advertising shall be determined solely by Tenant, except that it shall comply with all applicable provisions
of the building codes and zoning regulations and other applicable provisions of the law. Tenant shall
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•
have the right and option of repainting, repairing and removing any of such advertising at any time and
use a full panel on both
have the
right to u p
from time to time. Tenant shall, at no additional cost to Tenant, ha g
sides of all monument signs existing as of the Commencement Date designating the Premises.
After all Tenant's on Davis Boulevard have utilized a reasonable and proportionate amount of
space on the Davis Boulevard sign per the Collier County sign code, if there is available space on the
Davis Boulevard sign, Landlord will use its best efforts to provide Tenant with visibility for any such
signage on Davis Boulevard consistent with this paragraph. Landlord will use its best efforts to provide
Tenant with visibility for any such signage on Davis Boulevard consistent with this paragraph.
SECTION 5.03. INDEMNITY AGAINST LIENS. If any mechanic's or other lien is filed against any part of
the Premises by reason of any labor, material or service furnished to Tenant or for any change, alteration
addition or repair to the Premises made by Tenant, Tenant shall cause such lien to be released of record
by payment, bond or otherwise as allowed by law, at Tenant's expense,within twenty (20)days after the
filing thereof. Tenant shall, at its expense, defend any proceeding for the enforcement of any such lien, •
discharge any judgment thereon and hold harmless Landlord from all losses and expenses resulting
therefrom, including reasonable counsel fees and other expenses incurred by Landlord, if Landlord elects
to defend such proceeding.
SECTION 5.04. REMOVAL BY TENANT. All furnishings, trade fixtures, equipment, machinery, face
plate sign(except sign monument is owned by Landlord)and personal property erected or installed in the
Premises by Tenant shall remain the property of Tenant during the Term of this Lease. Upon termination
of this Lease Agreement, Tenant shall remove all of its furnishings, trade fixtures, signs, equipment, and
personal property installed in the Premises by it and shall repair any excessive or unreasonable damages
caused by such removal, excepting damage caused by Casualty (as defined below), damage caused by
fire, damage covered by insurance, damage for which It was Landlord's responsibility to insure, or
damage caused by Acts of God. All other improvements, additions or alterations made to the property by
Tenant shall remain with the Premises and shall become property of the Landlord upon termination of this
Lease without compensation paid to Tenant.
ARTICLE VI -MAINTENANCE OF PREMISES
SECTION 6.01. OBLIGATIONS FOR MAINTENANCE.
(a) Landlord warrants that the premises are in sound condition both structurally and mechanically, in
compliance with applicable laws, rules, codes, statutes, regulations, and guidelines/guidance, including
ADA (defined below) and free of asbestos and other Hazardous Material. Landlord warrants that as of
the commencement of the Term hereof the Heating Ventilation and Cooling Systems ("HVAC"), plumbing,
septic (if applicable) and electrical services located on the Premises, and all electrical wiring and conduit
shall be in a state of repair and in working order and comply in all respects with all applicable
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governmental laws, rules, codes, statutes, regulations and guidance/guidelines and the Premises shall be
delivered to Tenant in broom clean condition. In addition, the Landlord warrants that the roof does not
leak and all water/sewer connections were made prior to the Commencement Date. In the event the
Premises do not conform to said codes and/or warranties, Tenant shall notify Landlord of the
nonconformity and If Landlord fails to remedy any nonconformity within ten (10) days after receipt of
Tenant's notice, Tenant may without further notice correct the nonconformity and offset and deduct the
cost of such correction from any rent due or thereafter to become due to Landlord hereunder. If
Landlord and Tenant fail to remedy the nonconformity as set forth herein, Tenant shall have the right to
terminate this Lease. Landlord warrants that the HVAC is in good working order and Landlord agrees to
pass along to Tenant any warranties on the roof, heating,air conditioning and HVAC, if any.
(b) Tenant shall keep and maintain in good order, condition,and repair, excluding replacements, the
Premises, including doors, door checks, windows, window frames, plate glass, plumbing and sewage
facilities within the Premises; maintain the heating, ventilation, air conditioning, located in the Premises,
Tenant shall also be responsible for obtaining a quarterly HVAC maintenance contract to maintain the
heating, air conditioning, ventilation, system(s). Landlord shall bear the responsibility for repairing the
heating, air conditioning and ventilation system (HVAC)or replacing the HVAC once during the term if the
system is too old to repair. Tenant shall also be responsible to maintain the lawn and landscaping to the
extent same exists. Further, Landlord agrees to transfer its warranty for the HVAC to the Tenant. Tenant
is also responsible for clogged toilets caused by Tenant's use, except under no circumstances shall
Tenant be responsible for sewer main or other plumbing problems. Tenant's responsibility for outdoor
lighting shall be limited to bulb replacement; all other electrical outdoor lighting shall be the Landlord's
responsibility.
(c) Landlord shall keep and maintain in good order, condition, and repair, including replacement of parts
and equipment, if necessary, all plumbing and sewage facilities outside the Premises including free flow
up to the main sewer line; replacement of heating, ventilation, plumbing, hot water heater,air conditioning
and electrical systems and replacement of the sprinkler systems. Landlord shall be responsible for all
structural repairs or replacements to the Premises ("Structural" meaning exterior wails, roof, foundation,
support members, septic system, exterior water/sewer mains and similar items) all of which replacements
and repairs shall remain the Landlord's sole responsibility. Landlord shall be responsible for outside
lighting (except light bulb replacement) and drainage. Landlord shall be responsible for repairs to the
•
HVAC. Landlord shall be responsible for replacement of the HVAC once during the term. If Landlord
replaces the HVAC during the term, Tenant shall be responsible for any subsequent replacements during
the term if necessary. Landlord also warrants that as of the Commencement Date all outdoor lighting is in
good working order.
If Landlord refuses or neglects to commence and to complete repairs promptly and adequately, Tenant
may, but shall not be required to do so, make and complete said repairs and Tenant may set-off the cost
of said repairs against any rentals due to Landlord.
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(d) Tenant shall not be obligated to repair or maintain the parking lot and Tenant's sole responsibility
for the parking lot is for normal wear and tear, except that it is expressly agreed between the parties that
Tenant's obligation for normal wear and tear shall be limited to repairing any pot holes it shall cause to
the parking lot. Tenant shall under no circumstances be responsible for seal coating, asphalting or
replacement of the parking lot, Tenant's obligation for normal wear and tear shall be capped at $1,000
per lease year; however, if the cost associated with a repair exceeds $1,000 per lease year, Landlord
shall contribute another $1,000 to said repair. Repairs in excess of $2,000 per lease year shall be
discussed and mutually agreed to between the parties, but neither party has an obligation to undertake or
expend more than$1,000 per lease year.
In addition to the foregoing, Landlord shall be responsible for repairs and or replacements (i)
caused by unforeseen events, including but not limited to, damage caused by underground sewer and
utility lines which cause damage or sink holes in, on, under,or to the parking lot
To the extent consistent with this Section 6.01(d),Tenant in its sole discretion may elect to notify
the Landlord to undertake the repair, replacement or maintenance or Tenant may undertake the repair
and abate its rental obligation in proportion to the cost incurred.
SECTION 6.02. TRASH. Tenant shall keep the Premises orderly,neat, safe,clean and free from rubbish
and dirt at all times. Tenant will be responsible for trash removal service.
SECTION 6.03. EMERGENCY REPAIRS. It is expressly understood that in the event any emergency
repair is required that is Landlord's responsibility pursuant to this Lease, Tenant shall have the right to
immediately make such repair, but must first attempt to contact Landlord and if unavailable, then proceed
to fix the matter and, to deduct the costs thereof from any rent due or thereafter to become due to
Landlord.
ARTICLE VII -UTILITIES
SECTION 7.01. UTILITIES. Landlord warrants that as of the Commencement Date, the Premises shall
be separately metered and that all necessary utility connections have been made.Tenant shall, at its own
expense pay f
or heat air conditioning, ventilation, electric, gas, water, and sewer service used upon or
,
furnished to the Premises.
SECTION 7.02. DISCONTINUANCE AND INTERRUPTION OF UTILITY SERVICES. Landlord shall not
be liable to Tenant for damages or otherwise if any utility shall become unavailable from any public utility
company, public authority or any other person or entity, supplying or distributing such utility or for any
interruption in a utility service including, without limitation, any heating, ventilation or air conditioning
caused by the making of any necessary repairs or improvements or by any cause beyond Landlord's
reasonable control, and the same will not constitute or be construed as a termination of this Lease or as a
constructive or other eviction of Tenant.
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Notwithstanding the foregoing provisions of this section, if such utility interruption is caused
wholly or in part by the negligent or willful act or omission of the Landlord, Its customers, authorized
agents, servants, employees, contractors or licensees, and lasts more than one (1) business day,
Tenant's rent shall abate until such services are restored. Tenant shall have the option to cancel this
Lease should the interruption, for which the Landlord is responsible as described above, continue for
more than five(5)consecutive business days.
ARTICLE VIII -INSURANCE AND LIABILITY
SECTION 8.01. TENANT'S LIABILITY INSURANCE. Tenant shall, during the entire Term hereof, keep
In full force and effect, a policy of comprehensive general liability insurance with respect to the Premises,
and the business operated by Tenant and any subtenants in the Premises, in which the single combined
limits of such policy shall not be less than an aggregate of one million dollars ($1,000,000.00)and which
shall name the landlord as an additional insured. A Certificate of Insurance naming the Landlord as an
additional insured shall be delivered to Landlord.
SECTION 8.02. RATE INCREASE. Tenant shall not carry any stock of goods or do anything in or about
said Premises which will in any way increase the insurance rates on said Premises.
SECTION 8.03. LANDLORD'S INSURANCE. Landlord shall, at Tenant's sole cost and expense, during
the entire Term hereof, keep in full force and effect fire and extended insurance coverage for full
replacement value of the Premises and improvements. In the event of a fire or other Casualty the
insurance proceeds shall be used to restore the Premises unless this lease is terminated as provided in
this paragraph. Tenant shall be named as an additional insured under any of the Landlord's insurance
policies.
Upon Landlord's receipt of the insurance bill, Landlord shall provide Tenant with a copy of the bill
and evidence of payment. Within thirty (30) days of Tenant's receipt of the copy of the insurance bill and
evidence of payment, Tenant shall reimburse the Landlord for its share of the insurance bill, excluding
interest and late fees. The insurance bill is currently estimated at$3,500.00 annually.
In furtherance of Section 1.06 and 1.07, Tenant's obligation pursuant to this Section shall be
reduced if Landlord develops the strip mall or roadway and such reduction shall be in proportion to the
property taken by Landlord in connection with the development.
SECTION 8.04. WAIVER OF SUBROGATION. Anything in this Lease to the contrary notwithstanding,
Landlord and Tenant each hereby waives any and all rights of recovery, claim, action or cause of action
against the other for any loss or damage that may occur to the Premises or any improvements thereto, or
any personal property of Landlord or Tenant, arising from any cause that (a)would be insured against
under the terms of any property insurance required to be carried hereunder; or (b) is insured against
under the terms of any property insurance actually carried, regardless of whether the same is required
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hereunder. The foregoing waiver shall apply regardless of the cause or origin of such claim,including but
not limited to the negligence of a party, or such party's agents, officers, employees or contractors.ntra effect,The
•
foregoing waiver shall not apply if it would have the effect, but only to the extent
invalidating any insurance coverage of Landlord or Tenant.The foregoing waiver shall not apply if It would
have the effect,but only to the extent of such effect,of invalidating any insurance coverage of Landlord or
Tenant.
SECTION 8.05. HOLD HARMLESS. Tenant agrees to defend, indemnify and hold harmless Landlord
from and against any and all claims, causes, actions, demands, damages and liability of any kind or
nature for injury to the property of others and personal injury or death of persons caused by, arising out of
or in connection with Tenant's use of the Premises or any part thereof caused wholly or in part by any act
or omission of Tenant, its customers, authorized agents, servants, employees, contractors or licensees,
except that in no event shall Tenant indemnify or hold harmless Landlord against any claim, demand or
damage arising out of the negligence of the Landlord, its agents, employees or invitees or with regard to
items for which Landlord shall indemnify Tenant.
Landlord agrees to defend, indemnify and hold harmless Tenant from and against any and all
claims, causes, actions, costs and expenses of any kind (including without limitation, reasonable
attorney's fees, expert's fees and consultant's fees) demands, losses, obligations, penalties, litigation,
suits, proceedings, damages and liability of any kind or nature which may at any time be imposed upon,
incurred by or awarded against Tenant for injury to the property of oth ers and p ersonal injury or death of
persons caused by, arising from, out of or in connection with (including those incidental thereto) (a) by
any act or omission caused wholly or in part of Landlord, its customers, authorized agents, servants,
employees, contractors or licensees, or(b) any Hazardous Materials, mold and/or vapor intrusions on, in
or affecting the land or any part thereof that were present on, in, under, about, at or under the land prior to
the Commencement Date of this Lease and/or noted in the Site Assessment report conducted by
Tenant's consultant (See Exhibit C attached hereto and incorporated by reference), or that
a were brought
upon the land by Landlord or its agents or contractors or prior occupants or tenants o f
Landlord further agrees to indemnify, hold harmless and defend Tenant from and against all
liabilities, claims, penalties, fines, forfeitures, suits and the costs and expenses incident thereto resulting
from fire, explosion, leakage or any other hazard or event incident to the presence of above ground or
underground storage tanks, hydraulic lifts, pollutants, contaminants, vapor intrusion, hazardous
substances or wastes, or releases of environmental pollutants in, on, at or from the property that destroy
or damage any property, cause death or bodily injury to any person, or contaminate or adversely affect
groundwater, surface water, soil or air, unless any such condition was caused solely by the Tenant's
negligence.
Landlord shall be responsible for the investigation, handling, removal and treatment of any
Hazardous Materials on, in, about or under the land that are not caused by the acts or omissions of
Tenant, its employees, agents or contractors,
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As used herein, the term "Hazardous Material" means (a) any hazardous or toxic substance,
material or waste, solid, liquid, or gaseous waste, substance or emission or any combination thereof,
which may (i)cause or significantly contribute to an increase in mortality or in serious illness, or (ii)pose
the risk of a substantial present or potential hazard to human health, to the Premises, environment or
otherwise to animal or plant life, and shall include, without limitation, hazardous substances, materials,
wastes or toxic substances, described, (a) defined or listed in the United States Department of
Transportation Hazardous Materials Table (49 CFR 172.101 as may be amended or supplemented), the
Resource Conservation and Recovery Act of 1976, as amended from time to time, the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended from time to time, the
Toxic Substances Control Act, as amended from time to time, Hazardous Materials Transportation Act,
as amended from time to time, the Environmental Protection Agency as hazardous substances (40 CFR
Part 302 as may be amended or supplemented), or any other applicable federal, state or local Laws,
and/or (b) vapor intrusion, substances, materials and wastes that are or become regulated under any
applicable local, state or federal law, rule, regulation or guideline,or(c)oil or other petroleum products.
ARTICLE IX•ATTORNMENT, SUBORDINATION AND
NON-DISTURBANCE AGREEMENT
SECTION 9.01. SUBORDINATION. Tenant agrees that this Lease shall, at the request of the Landlord,
be subordinate to any future first mortgage or deeds of trust that may be placed upon said Premises and
to any and all advances to be made thereunder, and to the interest thereon, and all renewals,
replacements and extensions thereof, provided the mortgagee or trustee named in said mortgage or trust
shall agree to recognize the Lease of Tenant in the event of foreclosure if Tenant is not in default. Tenant
agrees, that upon the request of Landlord, any mortgagee, or any trustee, it shall execute whatever
instruments may be required to carry out the intent of this section provided, however, that said
instruments do not materially increase the obligations or materially and adversely affect the rights of
Tenant under this Lease.
SECTION 9.03 NON-DISTURBANCE. Landlord agrees that it will obtain a Non-Disturbance Agreement
for this lease from any present or future mortgagees of the Premises.
ARTICLE X-CONDEMNATION
SECTION 10.01. ENTIRE TAKING. In the event the entire Premises or the portions of the Premises
(including Tenant's parking or any portions thereof) required for reasonable access to, or the reasonable
use of, the Premises are taken or condemned by eminent domain at any time during the Term hereof or
any Renewal Term, with or without litigation, the parties agree that the rent shall be prorated to the
effective date of such taking and this Lease shall automatically cease and terminate on the earlier of the
date title vests, or the date Tenant is dispossessed by the condemning authority and rental payments
shall be prorated until the termination of the Lease Agreement as provided pursuant to this Section. The
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Landlord, as owner of the fee, shall be entitled to the full and complete award made in such
condemnation proceeding, but Tenant may prosecute a claim(s)for any improvements it has made upon
the Premises and nothing therein shall be construed as barring or preventing either party from
prosecuting their rights,whether together or independently, in whatever manner they shall deem best.
SECTION 10.02. PARTIAL TAKING. In the event the Premises (including Tenant's parking or portions
thereof) shall be only partially taken in condemnation, and if in the reasonable business judgment of
Tenant the balance of the Premises (including the balance of Tenant's parking or portions thereof)
remaining after such partial taking renders It difficult or economically unfeasible for Tenant to continue
operating from said remainder, then in such event,Tenant may terminate this Lease upon thirty(30)days
prior written notice to Landlord. If Tenant exercises its right to terminate the Lease Agreement pursuant
to this Section, rent due hereunder shall be prorated to the date specified in such notice.
If Tenant does not terminate this Lease Agreement as provided above, this Lease Agreement
shall continue in full force as to the remaining portion of the Premises and rent shall abate for the balance
of the term remaining after such partial taking in the proportion that the area of the premises taken bears
to the usable area of the premises immediately prior to the taking. The parties may prosecute whatever
rights are available to them in connection with such partial taking.
SECTION 10.03. REPAIRS. In the event this Lease continues as provided above, Landlord shall, at its
own expense, promptly repair and restore the Premises, insofar as possible, to the condition that existed
immediately prior to the taking.
ARTICLE XI-DAMAGE AND DESTRUCTION BY FIRE OR OTHER CASUALTY
SECTION 11.01. LANDLORD'S REPAIRS. If the Premises or any part thereof or any building or
equipment thereon shall be damaged or destroyed by casualty or other cause (collectively "Casualty"),
Landlord shall promptly repair, restore and rebuild all such damage, upon the same location, containing
as much floor space and to substantially the same specifications as existed immediately before the
damage or destruction occurred. at Landlord's its own expense. This repair and restoration shall be
made within one hundred twenty (120) days from the Casualty date. If the Premises are not restored
within the aforesaid time period, Tenant shall have the right to terminate the Lease and be discharged
from its obligations pursuant to this Lease as of the date of the Casualty.
SECTION 11.02. ABATEMENT OF RENT. If such damage or destruction renders the Premises
untenable in whole or in part, Tenant's rent shall abate in proportion to the part of the Premises damaged
or destroyed from the date of damage or destruction until the date of completion of restoration obligations
on the part of Landlord in accordance with Section 11.01 above.
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SECTION 11.03. TERMINATION. If the Premises are damaged or destroyed to such an extent as to
require the substantial rebuilding of the Premises, Landlord or Tenant may elect to terminate this Lease
Agreement by written notice to the other party given within thirty(30)days of the Casualty date. As used
in this Section, substantial rebuilding is defined as "expenditure of fifty percent (50%) or more of the
replacement cost of the Premises."
•
SECTION 14.04. DEFINITION OF CASUALTY. The term "Casualty" as used in this Lease shall mean
fire, hurricane, flood, tornado, rain, wind, elements or other acts of God, regardless of whether the same
reasonably could be foreseen; riot, civil commotion, or other acts of a public enemy, and the theft,
vandalism, or other criminal or tortious acts of third parties.
ARTICLE XII-DEFAULT AND REMEDIES
SECTION 12.01. TENANT'S DEFAULT. Each of the following constitutes a material default by Tenant:
a) Tenant's failure to pay rent or additional rent within ten (10) days after Tenant receives
written notice from Landlord of Tenant's failure to pay such rent or additional rent;
b) Tenant's failure to perform or observe any other Tenant obligation after a period of thirty
(30)business days or the additional time, If any, that is reasonably necessary to promptly
and diligently cure the failure, but in no case later than ninety (90) days except if such
delay is outside Tenant's control or subject to events of force majuere, after it receives
written notice from Landlord setting forth in reasonable detail the nature and extent of the
failure and identifying the applicable Lease provision(s).
c) Tenant uses the Premises for any purpose in contravention of the uses expressly
authorized herein.
d) The estate created in Tenant hereby is taken in execution or by other process of law, or
all or a substantial part of the assets of Tenant is placed in the hands of a liquidator,
receiver or trustee (and such liquidation, receivership or trusteeship is involuntary and is
not vacated within thirty (30) days), or Tenant makes an assignment for the benefit of
creditors or is adjudicated bankrupt, or Tenant institutes any proceedings under any
federal or state insolvency or bankruptcy law as the same now exists or under any
amendment thereof which may hereafter be enacted, or under any other acts relating to
the subject of bankruptcy wherein the Tenant seeks to be adjudicated bankrupt or to be
discharged of its debts, or any involuntary proceeding is filed against Tenant or any under
any such insolvency or bankruptcy law.
SECTION 12.02. LANDLORD'S REMEDIES. In addition to the remedies given to Landlord in this Lease
Agreement or under the law, upon any event constituting Tenant's default, Landlord may:
a) Terminate this Lease through summary proceedings or similar process of law. Landlord
shall be entitled to recover from Tenant all reasonable damages directly incurred by
Landlord by reason of Tenant's default, including, but not limited to, the reasonable cost
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of recovering possession of the Premises, reasonable expenses of reletting, excluding
renovation and alteration of the Premises, reasonable attorneys' fees, and that
reasonable portion of any leasing commission paid by Landlord and applicable to the
unexpired term of this Lease. Unpaid installments of rent or other sums shall bear interest
from the date due at the maximum legal rate not to exceed seven percent;or
b) Maintain Tenant's right to possession, in which case this Lease shall continue in effect
whether or not Tenant shall have abandoned the Premises and whether or not the Premises
are relet. In such event, Landlord shall be entitled to enforce all of Landlord's rights and
remedies under this Lease, Including the right to recover the rent and any other charges and
adjustments as they become due hereunder;or
c) Pursue any other remedy now or hereafter available to Landlord under the laws of judicial
decisions of the State of Florida, excluding those which would have the effect of accelerating
rent or liquidated damages.
SECTION 12.03. MITIGATION. Landlord shall make a good faith effort to mitigate its damages by
making reasonable efforts to relet the Premises on reasonable terms. Landlord may relet the Premises
for a shorter or longer period of time than the Lease Term and make any necessary repairs or alterations.
SECTION 12.04. LANDLORD'S DEFAULT. Landlord's failure to perform or observe any of its Lease
obligations, for a period of thirty (30) business days after receiving written notice from Tenant shall be
deemed a default of the provision(s) containing the obligation(s). Without further notice the Tenant may
terminate this Lease unless such default is cured within thirty (30) days after Landlord's receipt of such
notice or, if the default is of such a nature that it cannot be cured within such period, Landlord takes the
necessary steps to cure such default and thereafter diligently pursues to cure the default. If Landlord
commits a default,Tenant may pursue any remedies given in this Lease or under the law.
ARTICLE XIII—ASSIGNMENT AND SUBLETTING
SECTION 13.01. Except as noted in Section 13.03, Tenant may not assign this Lease, in whole or in
part, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably
withheld or delayed.
SECTION 13.02. Tenant or Its assignee shall have and is hereby given the right to sublet the Premises
subject to all of the rent terms and conditions of this Lease without the Landlord's prior written consent. It
is specifically understood and agreed that any such subletting shall not relieve Tenant of the obligations
hereunder specifically including the payment of all monies due under the Lease.
SECTION 13.03. Notwithstanding the provisions of Sections 13.01 and 13.02, Tenant shall be permitted
to assign or sublease,either in whole or in part, to an affiliate or subsidiary of Tenant or to any acquirer of
all or any material portion of the business, assets, ownership interests, or to any other business without
the Landlord's prior written consent.
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SECTION 13.04. Notwithstanding the foregoing provisions of Article 13 or as otherwise provided for in
this Lease,in the event Tenant assigns or sublets the Premises,either in whole or in part,the assignee or
sublessee's use may be any other lawful purpose and shall not be restricted to the uses as set forth
herein.
• ARTICLE XIV-GOVERNING LAW
SECTION 14.01. GOVERNING LAW. This Lease shall be governed by and interpreted In accordance
with the laws of the state in which the Premises are located.
SECTION 14.02. SEVERABILITY. If any provision of the Lease is illegal, invalid or unenforceable under
present or future laws effective during the Term of this Lease, then the remainder of this Lease shall
continue in effect and be enforceable to the fullest extent permitted by law.
ARTICLE XV-MISCELLANEOUS
SECTION 15.01. LANDLORD'S RIGHT OF RE-ENTRY AND INSPECTION. Tenant covenants and
agrees that Landlord, or Landlord's agents or representatives shall have the right to enter upon the
Premises upon reasonable notice and at all reasonable times for the purposes of examining or inspecting
the Premises;for the purpose of making repairs required herein,
SECTION 15.02. AMERICANS WITH DISABILITIES ACT. Landlord warrants that the Premises as will
be utilized by the Tenant, its agents, employees, servants, licensees and invitees complies with the
Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C., Section 1201, et seq. Any improvements
required by ADA shall be made at Landlord's own expense. Any improvements made by Tenant shall be
done in compliance with ADA.
Landlord shall indemnify, defend and hold harmless Tenant against and from any and all claims,
causes; actions, demands, damages and liability of any kind or nature, by, or on behalf of, any person,
firm, corporation or association arising from any alleged violation of ADA, except as such allegations
pertain to Tenant's improvements; and from all costs, attorney fees, expenses and liabilities incurred in
the defense of any such claim or any action or proceeding brought thereon.
SECTION 15.03. CONSENT. Whenever in this Lease Landlord reserves or is given the right and power
to give or withhold its consent to any action on the part of Tenant, such right and power shall not be
exhausted by its exercise on one or more occasions, but shall be a continuing right and power for the full
Term of this Lease.
SECTION 15.04. CUMULATIVE REMEDIES. No remedy or election given by any provision of this
Lease shall be deemed exclusive unless so expressly indicated, but each shall, wherever possible, be
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cumulative and in addition to all other rights and remedies available elsewhere in this Lease or at law or
equity.
SECTION 15.05. Intentionally deleted. •
SECTION 15.06. TAXES. During the Term, Landlord shall be responsible for the payment of all real
estate taxes,assessments and other governmental charges levied or assessed against the Premises. In
addition, Tenant shall be responsible for payment of all sales and excise taxes imposed by law on the
rental payments to be made hereunder.
Upon Landlord's receipt of the real estate tax bill, Landlord shall provide Tenant with a copy of the
real estate tax bill. Within thirty (30)days of Tenant's receipt of the copy of the tax bill and evidence of
Landlord's payment, Tenant shall reimburse the Landlord for its share of the tax bill, excluding interest
and late charges. The entire real estate tax bill is currently estimated at$10,955.75 annually. Tenant's
share of the real estate tax bill is 100%, The Landlord warrants that the real estate tax bill consists only of
the Premises demised to Tenant hereunder and does not include other parcels which are not demised to
Tenant hereunder.A true and exact copy of the real estate tax bill is attached hereto as Exhibit D.
In furtherance of Section 1.06 and 1.07, Tenant's obligation pursuant to this Section shall be
reduced if Landlord develops the strip mall or roadway and such reduction shall be in proportion to the
property taken by Landlord in connection with the development.
SECTION 15.07. BROKERS COMMISSIONS. The Landlord shall be responsible for the payment of any
and all real estate brokerage commissions, fees or similar charges incurred in connection with the
negotiation and execution of this Lease. The Tenant shall not be liable for any real estate brokerage fees
or commissions due to any person for either the initial Term of this agreement or any renewal thereof.
SECTION 15.08. REMOVAL OF UNDERGROUND TANK(S)AND WARRANTY. Landlord warrants that
no underground or above ground fuel storage tanks existed in, on. under, at or about the Premised prior
to the Commencement Date. Landlord warrants that no leak, spill, release, discharge, omission or deposit
of any Hazardous Material has occurred at the Premises at anytime prior to the execution date of this
Lease, that the building, soil, ground water and soil vapor on or under the Premises is free of Hazardous
Materials as of the execution date of this Lease and as of the day of delivery of the Premises to Tenant
and that Landlord is not aware of any facts or circumstances which would give rise or may give rise to the
existence of a leak, spill, release, discharge, omission or deposit of any Hazardous Material upon the
Premises.
SECTION 15.09. ENTIRE AGREEMENT. Tenant acknowledges and agrees that it has not relied upon
any statements, representations, agreements or warranties except as are expressed in this Lease. No
amendment or modification of the Lease shall be valid or binding unless expressed in writing and
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•
executed by Landlord and Tenant in the same manner as the execution of this Lease. The right to
indemnification, payment of damages or any other remedy based on representations, warranties,
covenants or any other obligations under this Lease will not be affected by any investigation conducted
with respect to such matters by Tenant nor any knowledge acquired by it(or capable of being acquired by
it) at any time, whether before or after the execution and delivery of this Lease or the Commencement
Date.
SECTION 15.10. NOTICES. Any notice required to be given under this Lease shall be sent by overnight
mail or certified mail, return receipt requested, post prepaid and shall be addressed to the addresses set
forth in 1.02(a)and(c)hereof or at such other address designated by written notice.
SECTION 15.11. Intentionally deleted.
SECTION 15.12. BINDING ON SUCCESSORS. All of the covenants, agreements, provisions and
conditions of this Lease Agreement shall inure to the benefit of and be binding upon the parties hereto,
their successors, legal representatives and assigns.
SECTION 15.13. CAPTIONS. The captions used in this Lease are inserted as a matter of convenience
only, in no way define, limit or describe the scope of this Lease or the intentions of the parties hereto, and
shall not in any way affect the Interpretation or construction of this Lease.
SECTION 15.14. GENDER AND NUMBER. Words of any gender in this Lease shall be held to include
any other gender, and words in the singular shall be held to include the plural, and vice versa, as the
context permits or requires.
SECTION 15.15. APPROVALS. Whenever Landlord's approval or consent is required herein, such
approval r consent shall not b e unreasonably withheld or delayed.
.
SECTION 15.16. NO WAIVER. A waiver by Landlord or Tenant of any breach of any provision of this
Lease Agreement shall not be deemed a waiver of any breach of any other provision hereof or of any
subsequent breach by Tenant or Landlord of the same or any other provision.
SECTION 15.17. HOLDOVER. If Tenant holds over after the Term with the consent, express or implied,
of Landlord, such holding over shall be construed to be a tenancy from month-to-month only, and Tenant
shall pay the rent, additional rent and other sums as herein required for such further time as Tenant
continues its occupancy.
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• .
SECTION 15.18. TIME OF ESSENCE. Time is of the essence with regard to every provision of this
Lease and the exhibits attached hereto.
SECTION 15.19. COUNTERPARTS. This Lease may be executed in more than one counterpart, and
each such counterpart shall be deemed to be an original document.
SECTION 15.20. NO PRESUMPTION AGAINST DRAFTING PARTY. The parties acknowledge that
each party and, if it so chooses, its counsel, have reviewed and revised this Lease and that the normal
rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not
be employed in the interpretation of this Lease or any amendments or exhibits hereto.
SECTION 15.21. GO DARK. Tenant shall have the right, at any time, to vacate the Premises and to
cease to conduct business in the Premises provided Tenant continues to pay Landlord the Base Rent and
all other charges required to be paid by Tenant under this Lease.
SECTION 15.22. INGRESS/EGRESS EASEMENT AND PARKING. Landlord hereby grants Tenant a
license for ingress/egress over and upon the existing entry way and driveway of the Premises for
purposes of ingress/egress to the Premises form all pertinent trafficways. Landlord shall maintain the
area in good and useable condition and shall not permit such area to be blocked, impaired or obstructed
at any time. Tenant's rights under this section shall continue uninterruptedly for the duration of the Lease
and all extensions thereof. Tenant shall have the sole and exclusive use of all parking spaces located
upon the Premises. Tenant acknowledges that per the requirements of Collier County, Florida's
conditional permit that the east access point shall be closed.
SECTION 15.23. SUBMISSION OF LEASE. The submission of this Lease shall have no force of effect,
shall not constitute an offer for the leasing of the Premises, nor confer any rights or impose any obligation
upon either party unless and until execution thereof by Landlord and Tenant and the unconditional
delivery of a fully executed original thereof to Landlord and Tenant or their representatives.
SIGNATURES ON NEXT PAGE
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•
t} 4
IN WITNESS WHEREOF,the Landlord and Tenant have executed this Lease Agreement,
Tenant: BUDGET RENT A CAR SYSTEM, INC. Landlord: C.C. INVESTMENTS,LLC
By: A.... By: �'G�
Name: Robert Bouta Name: �L/M/Me1- X cevzR0,0,
Title: Senior Vice President of Properties Title: !b 6R •
And Facilities of Avis Budget Car Rental
LLC,an authorized representative
of Budget Rent A Car System, Inc.
Date: ��lfd/V Date: /CIO 7 200
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2
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E I T ;3
s
February 4, 2009
Via UPS
C.C. Investments, LLC
380 10"'Street South, Suite 103
Naples, FL 34012
Re: Budget Rent A Car System, inc.
Part of 1933 1965 Tamiami, Naples, FL
Dear Sir/Madam:
In response to your inquiry about the rent commencement date and our telephone call on
this date, please be advised that Section 1.02(f) and Section 1.02(f) provide that the term
and rent would commence after Tenant lawfully could operate, receipt of all permits,
including the Conditional Use Permit ("CUP"), the Landlord satisfied all of the conditions
required by the CUP, all final inspections having been completed and passed so that
Tenant may lawfully operate. in addition, the Lease provided for a three year and two
month term because of the two months of free rent.
This transmittal shall confirm the foregoing:
1. The Commencement Date was to be the date Budget was lawfully
permitted to conduct its business with all Approvals and Conditions
having been satisfied. Our business license was not issued until
January 9, 2009;
2. The landscaping, which is a condition of the CUP has not been
completed; and
3. Collier's County inadvertently omitted from the resolution issuing the
CUP the requirement that the South entrance be closed off.
Despite the fact that the landscaping has not been completed and the City is not taking
action at the present time with respect to the South entrance remaining open, Budget will
agree to the following:
1. The rent commencement date is amended and shall commence on
January 9, 2009;
2. The term of the Lease is amended to three (3) years and the term
shall commence on January 9, 2009;
3, If Collier's County seeks to require the south east entrance be
closed off,
; <
/t
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10/14/2014 16.B.5.
(a) Tenant shall have the immediate right, in its sole
discretion, to terminate the Lease if Tenant cannot
continue to operate during the time it takes the Landlord
to satisfy this Collier's County or Tenant may suspend
the Lease term and its obligations hereunder, which
includes the right to abate rent on a per diem basis
during the time it takes the Landlord to satisfy Collier's
County; or
(b) If Tenant can continue to operate while the Landlord
undertakes to close off the south east entrance,
Landlord shall complete the necessary actions to
accomplish closing off the southeast entrance to the
satisfaction of Collier's County within one hundred and
eighty (180) days of being notified by Collier's County or
Tenant shall have the right, in its sole discretion, to
terminate the Lease.
4. Budget specifically reserves its right to terminate and cancel the
Lease if Collier's County prohibits Budget from operating without
the landscaping required as a condition of the CUP having been
completed.
5. Pursuant to Section 1.06(E) which contemplated that the dates
within the Lease may need to be adjusted, the following Lease
dates and section of the Lease are amended as follows:
Lease Expiration: January 31, 2012
Section 1.05. Renewal Option (if exercised) February 1, 2012—January 31, 2015
In accordance with Section 1.06(A)(1) The Landlord must notify the Tenant in writing no
later than June 30, 2013 of its intent to redevelop;
In accordance with Section 1.06(A)(2) if the parties are unable to agree within two hundred
and ten (210) days of the Landlord's proposal, and one of the parties elects to terminate the
Lease pursuant to Section 1.06(A)(2), the effective date of the termination would be
January 31, 2015, which is the end of the first option period.
In accordance with Section 1.06(B)(1), the landlord is required to provide at least one
hundred and twenty (120) days notice of its intent to construct the roadway, and notice
pursuant to Section 1.06(B)(1) must be served upon Tenant by December 31, 2010 and
December 31, 2013).
Kindly sign below indicating your consent and agreement to amend the Lease as set forth
above. Thereafter, please return one (1) fully executed copies of this letter to my attention t
Z �
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10/14/2014 16.B.5.
so that we may update our records. Receipt of a fully executed agreement will allow us to
update our records and issue the rent payments so your prompt attention is appreciated.
Should you have any questions, please feel free to contact the undersigned.
Very truly yours,
DONNA J. MAORI
CC: Bob Annibale (via Email)
AGREED &ACCEPTED BY
i \
C.C. INVESTMENTS, LLC: BUD E /RE TA CAR SYSTEM, INC.:
'27411-1;U0(
Name; /1P Nafne Do a J. Macri
Title: wt An authorized representative
Date: 715" Date: jP31(,1
t,■.,
1,
i
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EXHIBIT
5
ASSIGNMENT OF LEASE
THIS ASSIGNMENT of Lease is entered into this f`/' ' day of September 2009,by and
between CC&E INVESTMENTS, LLC, a Florida limited liability company , hereinafter
referred to as "Assignor", and COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY,hereinafter referred to as"Assignee",hereinafter referred to
as "Tenant".
WTI'NESSETH
WHEREAS, the following leases:
A.) Donald L.Chesser and Joyce Chesser and Bell South Mobility,Inc.lease dated April 27,
1998, as assigned to CC&E INVESTMENTS, LLC, a Florida limited liability
company as amended. A copy of said lease,as amended and assignment of lease,are
attached hereto.
B.) Budget Rent A Car, Inc. lease dated 7 October 2008. A copy of the lease is attached.
NOW THEREFORE, for and in consideration of the mutual covenants contained herein and
other good and valuable consideration,receipt of which is hereby acknowledged, the parties agree as
follows:
COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
1. Assignor hereby assigns, conveys, grants and transfers to Assignee, COLLIER
COUNTY COMMUNITY REDEVELOPMENT AGENCY, all its right, title,
interest in and to the above described Leases for the unexpired balance of the term of the Ieases.
2. Tenants are directed to pay to Assignee all rents and other charges accruing after the
month of September 2009 under the Lease in the amounts and at the times provided for therein for the
unexpired balance of the term of the Lease. Rent and other payments accruing under the lease prior to
October 1, 2009 are not assigned to COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY,
3. Tenants's security deposit and last month's prepaid rent, if any, are transferred to
Assignee.
. By its acceptance hereof, Assignee does hereby expressly assume and agree to be
responsible for all obligations and duties of Assignor under the Leases arising on or after Assignee
acquires Title to the lands subject to the leases.
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10/14/2014 16.B.5.
IN WITNESS WHEREOF the parties hereto have set their hands and seals on the day
and year first above written.
Signed, sealed and delivered
in the presence oft ASSIGNOR:
CC&E INVESTMENTS,LLC, a Florida
limited liability company
riiiLA ..., P. .... ......L., , AA... -V,,,ava g,6443/4,6 .
WITNE 1 Nancy P. Castellano By:MICHAEL K. CORRADI
Its: Presiding Manager and a Member
, lAld / Al■
• ■ ir . r .'e '` rd By:LEO E. CORRADI
Its: Member
ASSIGNEE:
COLLIER COUNTY
COMMUNITY
REDEVELOPMENT AGENCY
i / i/ :.
/0/... iiiiteiiiiir..,40,..,:904;,
WITNESS: By:
WITNESS: approver a:: 9 ,1, _ ■,c17 `U:"frC1-:n
STATE OF FLORIDA . • Ass,,..;--r:. :',,; :,-t, -°;.. ,,.,. /
COUNTY OF COLLIER
"/l
The foregoing instrument was acknowledged before me this day of ust, 2009
by MICHAEL K. CORRADI,Presiding Manager and a Member, an LEO E. CORRADI,
Member, of and on behalf of CC&E INVESTMENTS, LLC., a Florida Limited
Liability Company,who are personally known to me.
a C nrdi-7hangle Lease 4
���ifii� uta: '.1V-
z.`,;:V4., P
George P. Langford O • :,+ • I FORD
(SEAL Commission#DD508437
o;: °: Expires February 10,2010
� 11�.•gonoee10 Fein•in%e ncv.Inc CJO-$51019
Packet Page -1107-
10/14/2014 16.B.5.
AVIS BUDGET CAR RENTAL, LLC
UNANIMOUS WRITTEN CONSENT OF THE BOARD
•
OF MANAGERS IN LIEU OF MEETING
THE UNDERSIGNED, being all of the Board of Managers of Avis Budget Car Rental,
LLC, a Delaware limited liability company (hereinafter referred to as the "Company"), do hereby
consent in writing pursuant to Section 2.2 of the Company's Amended and Restated Limited
Liability Company Agreement, dated as of April 12, 2006, to the adoption of the following
resolutions and to the actions prescribed thereby:
RESOLVED, that Donna Macri is duly authorized to execute on behalf of the Company,
any and all airport and non-airport bids and leases, concession agreements, real estate leases and
any other similar instruments (including amendments or renewals thereof), which are necessary to
the business operations of the Company, so long as the aggregate commitment under each
instrument does not exceed five hundred thousand dollars ($500,000) and the term of each such
instrument is less than five(5) years; and be it further
RESOLVED, that this consent may be signed in any number of counterparts, all of which
when taken together will constitute but one and the same document.
[SIGNATURE PAGE FOLLOWS]
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WITS WHEREOF,the undersigned have executed this written consent as of this
_� d day of�D!/[(PN/�l /eq.
/9///1.1,
Ronald L.Nelson
David B. Wyshner
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AVIS RENT A CAR SYSTEM, LLC
UNANIMOUS WRITTEN CONSENT OF THE BOARD
OF MANAGERS IN LIEU OF MEETING
THE UNDERSIGNED, being all of the Board of Managers of Avis Rent A Car System,
LLC, a Delaware limited liability company (hereinafter referred to as the "Company"), do hereby
consent in writing pursuant to Section 2.2 of the Company's Amended and Restated Limited
Liability Company Agreement, dated as of April 12, 2006, to the adoption of the following
resolutions and to the actions prescribed thereby:
RESOLVED, that Donna Macri is duly authorized to execute on behalf of the Company,
any and all airport bids and leases, concession agreements, real estate leases and any other similar
instruments (including amendments or renewals thereof), which are necessary to the business
operations of the Company, so long as the aggregate commitment under each instrument does not
exceed five hundred thousand dollars ($500,000) and the term of each such instrument is less than
five(5) years; and be it further
RESOLVED, that this consent may be signed in any number of counterparts, all of which
when taken together will constitute but one and the same document.
[SIGNATURE PAGE FOLLOWS]
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10/14/2014 16.B.5.
IN WIT SS WHEREOF, the undersigned have executed this written consent as of this
/34" day of di(( H t , Joe..
L.
Ronald L.Nelson
David B. Wyshner
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10/14/2014 16.B.5.
BUDGET RENT A CAR SYSTEM, INC.
UNANIMOUS WRITTEN CONSENT OF THE BOARD
OF MANAGERS IN LIEU OF MEETING
•
THE UNDERSIGNED, being all of the Board of Directors of Budget Rent A Car System,
Inc., a Delaware company (hereinafter referred to as the "Company"), do hereby adopt the
following resolutions with the same force and effect as if such resolutions were approved and
adopted at a duly convened meeting of the Board of Directors of the Company.
RESOLVED, that Donna Macri is duly authorized to execute on behalf of the Company,
any and all airport bids and leases, concession agreements, real estate leases and any other similar
instruments (including amendments or renewals thereof), which are necessary to the business
operations of the Company, so long as the aggregate commitment under each instrument does not
exceed five hundred thousand dollars ($500,000) and the term of each such instrument is less than
five(5) years; and be it further
RESOLVED, that this consent may be signed in any number of counterparts, all of which
when taken together will constitute but one and the same document.
[SIGNATURE PAGE FOLLOWS]
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10/14/2014 16.B.5.
� rc
�
IN WITNESS WHEREOF, the undersi>••. have executed this written consent as of this,l�
day of /
M,Pr
Ronald L. Nelson
David B. Wyshner
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10/14/2014 16.B.5.
avis budget oUL) Donna J.Macri
Senior Real Estate Counsel
Properties&Facilities Department
September 24, 2014 973 496 7986 T
973 496 1241 F
Via UPS Overnight Delivery and Email JeanJourdan @colliergov.net donna.macri @avisbudget.com
Collier County Community Redevelopment Agency
c/o Bayshore/Gateway Triangle CRA
4069 Bayshore Drive
Naples, FL 34112
Re: Tenant: Budget Rent A Car System, Inc.("Budget")
Landlord: Collier County Community Redevelopment Agency("County")
Premises: Part of 1933 and 1965 Tamiami, Naples, FL 33980("Premises")
Dear Landlord:
As you are aware, the above-referenced Lease is scheduled to expire on January 31, 2015 and the County is
actively marketing the Premises for sale with the intent that it be redeveloped.
As provided for in the January 24, 2012 amendment, the intent of the parties was to provide Budget advance
notice of the County's intent to sell and to afford Budget the right to locate alternate premises, vacate the
Premises and be released from the its Lease obligations as of the vacate date.
The County's failure to provide Budget advance notice of its intent to sell the Premises has adversely impacted
our ability to continue to operate at the Premises and finding alternate property zoned for our use has been a
challenge. At this point, however, Budget has located alternate property and signed a new lease with the intent
to relocate its business. Given that the intent of the parties was for Budget be released from its lease
obligations, Budget is requesting that the County release Budget from its Lease obligations in advance of
January 31, 2015 expiration date.
Upon receipt of this transmittal, kindly advise the undersigned of the County's intentions with respect to the
above request.
Should yo h ve any questions or wish to discuss the foregoing, please feel free to contact me.
Ve ftr lylyour ,
• De NA J�IACRI
cc: Via E-mail
Peter Piracci
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