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Agenda 11/12/2013 Item #14B211/12/2013 14. B.2. EXECUTIVE SUMMARY n Recommendation for the Community Redevelopment Agency (CRA) to approve and execute the attached Lease with Greenway Landscape Supply, LLC, a Limited Liability Company to operate a commercial and residential landscape service on CRA owned property located at 1936 Davis Boulevard, in the Gateway Mini - Triangle for an annual rent of $18,000.00 to be paid in equal monthly installments of $1500.00 for a term of three (3) years. OBJECTIVE: Recommendation for the Community Redevelopment Agency (CRA) to approve and execute the attached Lease with Greenway Landscape Supply, LLC, a Limited Liability Company to operate a commercial and residential landscape service on CRA owned property located at 1936 Davis Boulevard, in the Gateway Mini- Triangle for an annual rent of $18,000.00 to be paid in equal monthly installments of $1500.00 for a term of (3) three years. CONSIDERATION: On July 28, 2009 the Community Redevelopment Agency approved the purchase of six (6) commercial properties located within the Gateway mini- triangle. Four of (4) of the properties have buildings, of which, three (3) have tenants and existing leases. The fourth property is located at 1936 Davis Boulevard and was previously utilized as a rental car service operation, which was vacated shortly after the CRA acquired the property. The site is approximately .50 acres, has a 460 st building with no central air conditioning and a fenced blacktop area. The property was initially rented by Auto Pride in conjunction with 1911 Tamiami Trail and was subleased by a rental car business. Auto Pride incorporated a Hertz rental car operations into the building they rent located at 1911 Tamiami Trail (all these properties are owned by the CRA). 1936 Davis Boulevard has been vacant for several years and not rented due its lack of electrical service. When both buildings were rented by Auto Pride the electric for the small building was connected to Auto Pride's service. The meter is still on the building; however the electrical breakers have been shut off. Installation of a separate electrical service to the building requires an electrician and hookup by FP &L. The estimated cost for an electrician to jack and bore the driveway to run a pipe from the nearest pole to the building and install a meter can is $22,200.00. As a result, this site has remained vacant and the CRA incurs the cost of maintaining the unsightly weeds and debris that accumulate on the site. On October 1, 2013 Amy Ridinger, Managing Member of Greenway Landscape Supply, LLC, attended the Bayshore/Gateway Triangle Community Redevelopment Advisory Board meeting and requested to lease the site located at 1936 Davis Boulevard. Greenway informed the Board they circumvented the $22,200 electrical service installation costs by contacting Auto Pride and negotiating an agreement to continue to utilize Auto Pride's meter and agreed to clean up the building and site at their sole costs. After discussion, the CRA Advisory Board made a motion to support leasing the property to Greenway and directed staff to prepare all necessary documents for review by the County Attorney and Property Management Specialist for review and forward to the CRA Board for their consideration with a recommendation of approval. Packet Page -730- 11/12/2013 143.2. Pursuant to rent calculations provided by the County's Real Property Specialist, the Gross Lease rental rate for the site is estimated at $1606.00 per month (Gross lease: the property owner (CRA) pays all of the operating expenses, such as maintenance, utilities, property insurance, etc.). However, the CRA desires to enter into a Net Lease. The tenant pays a base rent and the operating expenses, including utilities and maintenance. The terms are provided for in Paragraph 8 of the attached Lease Agreement. Additionally, the tenant shall incur the costs to clean up the site and make any necessary repairs needed to the building. The proposed lease is for a term of three (3) years beginning November 18, 2013 with a provision for one (1), two (2) year lease extension, provided the property remains unsold or under contract and both parties agree. The annual rent shall be $18,000.00 payable in twelve (12) equal monthly installments of $1500.00. The monthly rental rate shall increase 3% on the each anniversary date. The provision of related business licensing and insurance information is attached and labeled as Exhibit "A. Pictures of the CRA's site located at 1936 Davis Boulevard and the site Greenway formerly rented located at 2068 Davis Boulevard, rent calculation sheet and an e -mail from the owner of 2068 Davis Boulevard is attached and labeled Exhibit "B ". Public notice was provided in accordance with Florida Stature in the Naples Daily News, legal advertisement section. FISCAL EWFACT: The revenues from the Lease will be deposited in Bayshore CRA Fund (187) and utilized to service a portion of the Bayshore/Gateway Triangle CRA debt. LEGAL CONSIDERATIONS: This item 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: That the Collier County Community Redevelopment Agency Board approves the Lease with Greenway Landscape Supply, LLC, and authorize the Chairman to execute same. PREPARED BY: Jean Jourdan, Interim Director Bayshore/Gateway Triangle CRA Packet Page -731- 11/12/2013 14. B.2. COLLIER COUNTY Board of County Commissioners Item Number: 14.14.B.14.B.2. Item Summary: Recommendation for the Community Redevelopment Agency (CRA) to approve and execute the attached Lease with Greenway Landscape Supply, LLC, a Limited Liability Company to operate a commercial and residential landscape service on CRA owned property located at 1936 Davis Boulevard, in the Gateway Mini - Triangle for an annual rent of $18,000 to be paid in equal monthly installments of $1500 for a term of three (3) years. Meeting Date: 11/12/2013 Prepared By Name: jourdan_j Title: Project Manager, 10/25/2013 11:08:40 AM Submitted by Title: Project Manager, Name: j ourdan_j 10/25/2013 11:08:41 AM Approved By Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities Date: 10/30/2013 4:27:42 PM Name: KlatzkowJeff Title: County Attorney Date: 10/31/2013 4:24:34 PM Name: FinnEd Title: Senior Budget Analyst, OMB Date: 10/31/2013 5:03:01 PM Packet Page -732- Name: KlatzkowJeff Title: County Attorney Date: 11/1/2013 10:53:08 AM Name: OchsLeo Title: County Manager Date: 11/3/2013 9:57:15 AM Packet Page -733- 11/12/2013 14.6.2. 11/12/2013 14.B.2. LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 2013, between GREENWAY LANDSCAPE SUPPLY LLC., whose mailing address is 1936 Davis Boulevard, Naples, Florida 34112, hereinafter referred to as "Lessee ", and COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY, whose mailing address is 3570 Bayshore Drive, Unit 102, Naples, Florida 34112, hereinafter referred to as "Lessor." WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Lease, and in consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the present possessory interest in the Leased Premises described below. .2. Description of Leased Premises. The Leased Premises, which is the subject of this Lease, is the improved property located at 1936 Davis Boulevard, Naples, Florida 34112, Folio No. 77510240008, as further described on Exhibit A, which is attached hereto and made a part hereof, hereinafter referred to as the "Premises." 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Premises; b. Any and all existing or future zoning laws or ordinances; C. Any questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance of all terms and conditions of this Lease. 4. Use of Premises. This is a commercial lease. The premises are to be used in furtherance of Lessee's business, which specializes in all aspects of nursery and landscape supplies, which use the Collier County Community Redevelopment Agency has found to be both consistent with the community redevelopment plan and in the public's interest. Lessor shall have the right to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with the approved use. 5. Permissible Alternations and Additions to Premises. Lessee may not make any alterations or additions to the Leased Premises without obtaining Lessor's prior written consent, which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans and specifications for all alterations and additions at the time Lessor's consent is sought. 6. Term of Lease. This is a three (3) year lease. The term of this Lease shall commence on the date first above written, and unless terminated earlier by the parties, shall PAPP. 1 of 11 Packet Page -734- 11/12/2013 14.B.2. terminate on the 3rd year anniversary date of this Lease. The parties acknowledge that the Lessor intends to sell the Premises to a third party. Lessee is granted the option, provided it is not then in default of any of the provisions of this Lease and both parties agree, to renew same for one additional term of two (2) years, under the same terms and conditions, as provided herein, not less than sixty (60) days prior to the expiration of the leasehold estate hereby created and in accordance with Section 6(a). If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises as a holdover. a. The renewal option is available to Lessee provided the Premises remains unsold or under contract for sale at the time of the renewal option. In the event the Lessor desires the tenant to vacate the Premises on the expiration date, Lessor shall notify the Lessee in writing no later than forty -five (45) days prior to the Lease Termination Date. 7 Rent. Lessee hereby covenants and agrees to pay as rent for the Premises the sum of $1,500.00 monthly for the first year of occupancy, which shall be due and payable in advance by the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, Lessee shall pay rental equal to one thirtieth (1 /30a`) of the monthly rental multiplied by the number of rental days of such fractional month. Commencing with the 1St anniversary date of this Lease, and on each anniversary date thereafter, the monthly rent shall increase 3 %. A Security Deposit equal to one month's rent rate One Thousand Five Hundred Dollars (1,500) is due upon the execution of this Lease. 8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees, sales taxes and charges concerning the Premises. Accordingly, Lessee shall promptly pay when due and prior to any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, impact fees and obligations of any kind that relate to the Premises. Lessee will indemnify and hold Lessor harmless from any and all claims, costs and obligations arising from Lessee's use of the Premises. In case any action or proceeding is brought against Lessor by reason of Lessee's use of the Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if Lessor shall so request, at Lessee's expense, by counsel reasonably satisfactory to Lessor. It is specifically agreed however, that Lessor may at its own cost and expense participate in the legal defense of such claim, with legal counsel of its choosing. 9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises, and shall promptly remove any and all liens placed against the Premises. All persons to whom these presents may come are put upon notice of the fact that the interest of the Lessor in the Premises shall not be subject to liens for improvements made by the Lessee and liens for improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Lessor in the Premises or any part of either. This notice is given .-. pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. Packet Page -735- 11/12/2013 14.B.2. 10. Lessee's ubii aclon w lYla....a... - - -- Requirements. Lessee shall, at its soleerate. Lessee, expense, hroughout thand erm of this Lease, at tspown to the demised Premises required to op cost, and without any expense to the Lessor, shall keep and maintain the Premises in good, . Such sanitary and neat order, condition and repair, and shall abide with all lawfurequirements fixtures and maintenance and repair shall include, but not be limited to, painting, janitorial, appurtenances (lighting, heating, plumbing, and air conditioning). Such repair may also include structural repair, if deemed necessary by the Lessee. If the Premises are not in such compliance is in the reasonable opinion of Lessor, Lessee will be so f writing. d diligently pursued until not begun within thirty (30) days of the receipt o such notice corrective action is completed, Lessor may cause thsame to corrected and with a shall promptly reimburse Lessor for the expenses inc by Lessor, administrative fee. 11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive right to use the Premises during the term of this Leases and the improvements s emen sconstructed by may erect appropriate signage on the Leased Lessee thereon. Any such signage shall be in compliance with all applicable codes and ordinances. ^ 12, Casualty and Condemnation a. Casualty. If the Premises are destroyed, rendered substantially inhabitoabloe or damage ed by Lessee and Lessor, by e to any material extent, as reas onably determined » to rebuild or to as and Lessee must use the insurance proceeds, condition rior to such d casualty event unless the Lessor restore the Premises to substantially its c p prto such ovides the Lessee with a written determination that rebuldinngeor rmporing he Premises would not be is a condition with the Proceeds within a reasonable period of in the best interests of the Lessor, in which event, Proceeds ovemelntse then remitted to Lesson may If the Lessor elects not to repair or replace the improvements, ninety (90) days after the terminate this Lease by providing notice to the other party occurrence of such casualty. The termination will be effective ee on Bement of the P9artiesa During such fire or other casualty, unless extended by mutual the period between the date of such casualty and the date snot nati n ,Less see will set forth as ereine ts operations as may be necessary or appropriate. If this Lease or if the Premises is damaged to a less than material diligence, at no cost or expense to LessorLessee to and Lessor, Lessee will proceed with reasonable rebuild and repair the Premises to substantially the condition as existed prior to the casualty. b. Condemnation. Lessor may terminate this Lease as Part Lessee area result of such Lessor will use its best efforts to mitigate any damage caused to termination; however, in no event will Lessor be liable to Lessee for any compensation as a result of such termination. Packet Page -736- CAC 11/12/2013 14.B.2. cess o Premises. Lessor, its duly authorized agents, contractors, 13. A c t representatives and employees, shall have the right after suchl other times with theeconse en into and upon the Premises during normal business Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any required repairs not being timely completed by Lessee. urrender. Unless otherwise mutually agreed by the Parties, and f Termination an liver possession o 1 4. redeliver within thirty (30) days after termination of the lease term, Lessee shall r p the Premises to Lessor in good condition and repair. Lessee shall have the right at e any time time during Lessee's occupancy of the Premises to remove any of its personal property, q p of and signs provided, however, at the termination of this Lease, made by eLessee opt tonthe g either requiring Lessee to demolish and remove all improvements s with Premises upon Lessee's vacation thereof, or requiring Lessee wi11 become the pproperty tof the fixtures on the Premises which improvements and fixtures Lessor upon Lessee's vacation of the Premises. 15. Assignment• This Lease is personal ldin con the Premises by Lessee assign this Lease or sublet any portion of the building constructed eld in without the express prior written consent of the Lessor, without the express written consent Lessor's sole discretion. Any purported assignment or sublet of Lessor shall be considered void from its inception, and shall on be written grounds for a to immediate Lease termination of this Lease. Lessor may freely assign this L p 16. Ins_ ce policy, a. Lessee shall provide and maintain a Commercial ana Management Department for not less approved in writing by Lessor and the Collier County Ri sk g 000,000.00) combined single limits during the term of than One Million and 00 /100 Dollars ($1, practice would require, Lessor this Lease. If such amounts are less than good insurance industry i Lessee with at least sixty (60) reserves the right to increase these insurance limits by p g days' advance notice to do so. b. In addition, Lessee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory 's Liability with a applicable state and federal laws. The coverage shall include Employer minimum limit of One Hundred Thousand and 00 /100rD Dollars would r0equ'oe0)Le r each h accident. the If such amounts are less than good insurance Lessee with at least sixty (60) days' advance right to increase these insurance limits by providing notice to do so. C. Lessee shall also maintain standard ents located on the Premises and fire and 11 extended coverage of Lessee's property located d on or in additions and improvem ui ment, fittings, installations, fixtures the Premises including, without limitation, furniture, eand supplies, in an amount not less than (including removable trade fixtures), p property the then - existing full replacement value. Packet Page - 737 - " 'J 11/12/2013 14.B.2. d. Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by Lessee in the course of its performance under this Lease, including Employer's Non - Ownership and Hired Auto Coverage, each said policy in amounts of One Million and 00 /100 Dollars ($1,000,000.00) combined single limit per occurrence. If such amounts are less than good insurance practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. e. Lessor shall be named as an additional insured on the Commercial General Liability insurance policy. Lessor shall also be added as an additional insured on the Property Insurance policy as their interest may appear. The above - described insurance policies shall list and continuously maintain Lessor as an additional insured thereon. Evidence of such insurance shall be provided to Lessor and the Collier County Risk Management Department, c/o Collier County Community Redevelopment Agency 3570 Bayshore Drive, Unit 102, Naples Florida, 34112, for approval prior to the commencement of this Lease; and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance practice would require, Lessor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in n the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, representatives and agents. f. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this Lease and Lessor shall have the remedies set forth below. 17. Defaults and Remedies. a. Defaults by Lessee. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law: i. Abandonment of Premises or discontinuation of Lessee's operation. ii. Lessee's material misrepresentation of any matter related to this Lease. iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy. iv. Adjudication as bankrupt. V. Making of a general assignment of the benefit of creditors. vi. If Lessee suffers this Lease to be taken under any writ of execution and/or other process of law or equity. vii. Lessee's iess ef its federal 1R8 tax e3iempt-sm'stus. viii. Lessee's failure to utilize the Premises for its approved use. '~ ix. Any lien is filed against the Premises or Lessee's interest therein or any part thereof in violation of this Lease, or otherwise, and the same remains unreleased for a period of Packet Page -738- _ ! �. 11/12/2013 14.B.2. sixty (60) days from the date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. X. Failure of Lessee to perform or comply with any material covenant or condition made under this Lease, which failure is not cured within ninety (90) days from receipt of Lessor's written notice stating the non - compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Lessor may, at its option, terminate this Lease by giving Lessee thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by Lessor as being reasonably required to correct such default). However, the occurrence of any of the events set forth above shall constitute a material breach and default by Lessee, and this Lease may be immediately terminated by Lessor except to the extent then prohibited by law. b. Remedies of Lessor. i. In the event of the occurrence of any of the foregoing defaults, Lessor, in addition to any other rights and remedies it may have, shall have the immediate right to re -enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Lessee does not cure the defaults in the time frames as set forth above, and Lessor has removed and stored property, Lessor shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and Lessor shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. ii. If Lessee fails to promptly pay, when due, any full installment of rent or any other sum payable to Lessor under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5 %) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2 %) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ( "Default Rate "), which interest shall be promptly paid by Lessee to Lessor. iii. Lessor may sue for direct, actual damages arising out of such default of Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Lease, or otherwise. Lessor shall be entitled to reasonable attorneys fees and costs incurred arising out of Lessee's default under this Lease. c. Default by Lessor. Lessor shall in no event performance of any of its obligations hereunder unless and perform such obligations within thirty (30) days (or such required to correct such default) after written notice to D meaningful detail specifying wherein, in Lessee's judgment perform any such obligation(s). Packet Page -739- be charged with default in the until Lessor shall have failed to additional time as is reasonably .ssor by Lessee properly and in or opinion, Lessor has failed to (3 11/12/2013 14.B.2. d. Remedies of Lessee. Lessee's remedies for Lessor's default under this Lease shall be limited to the following: i. For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessor under this Lease. ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Lessor. Lessor will pay Lessee on demand all reasonable costs incurred and any amounts so paid by Lessee on behalf of Lessor, with no interest. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Lease or hereafter existing under law or in equity. No delay or omission to exercise any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non - Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. Miscellaneous Legal Matters 18. This Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Lease, the parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Lease, which Court the parties agree to have the sole and exclusive jurisdiction. 19. This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Lease by the parties. 20. In the event state or federal laws are enacted after the execution of this Lease, which are applicable to and preclude in whole or in part the parties' compliance with the terms of this Lease, then in such event this Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Lease. PnaP7nf11 Packet Page -740- �4 11/12/2013 14.B.2. 21. Except as otherwise provided herein, this Lease shall only be amended by mutual written consent of the parties hereto or by their successors in interest. Notices hereunder shall be given to the parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: j LESSOR: Collier County Community Redevelopment Agency 3570 Bayshore Drive, Unit 102 Naples, Florida 34112 and Leasing Specialist Real Property Management 3355 East Tamiami Trail, Suite 101 Naples, Florida 34112 LESSEE: Greenway Landscape Supply, LLC 1936 Davis Boulevard Naples, Florida 34112 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 22. Lessee is an independent contractor, and is not an agent or representative or employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other parry to any obligation to any third party. No third parry is intended by the parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party hereto or otherwise. Nothing contained in this Lease will constitute the parties as partners or joint ventures for any purpose, it being the express intention of the parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee - employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 23. Neither party to this Lease will be liable for any delay in the performance of any obligation under this Lease or of any inability to perform an obligation under this Lease if and to Page 8 of 11 Packet Page -741- 11/12/2013 14.6.2. n the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow -down or lock -out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 24. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Premises, nor permit employees, representatives, agents, contractors, sub - contractors, sub - sub - contractors, material men and/or suppliers to engage in such activities upon or about the Premises. 25. In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 26. Lessee shall execute this Lease prior to it being submitted for approval by the Community Redevelopment Agency. This Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the Community Redevelopment Agency enters into this Lease, at Lessee's sole cost and expense. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the day and year first above written. AS TO THE LESSOR: ATTEST: DWIGHT E. BROCK, Clerk IM n , Deputy Clerk COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY M. TIM NANCE, Chairman Page 9 of 11 Packet Page -742- fnA AS TO LESSEE: �i (print name) WITNESS (signature) -- F-j i Q,M �K' (print name) to form and legality: V] 11/12/2013 14.B.2. GREENWAY LANDSCAPE SUPPLY, LLC. Page 10 of 11 Packet Page -743- 11/12/2013 14.B.2. ^ It y t�AV `t jr Al - f ` �1 1 21' ISE AW a offt �. 1 rs a - t - •24hw' I yVr 1 w5 c � n xx ss'a Fir r. .1 f y #b'IA 7 NS 11 :y ' f'k`N .711 w Ct r- i i Packet Pa &e -744- r } r ice' -. •. _ _ - - -- - .� -' Details t New Search Tax Bills Change of Address 11/12/2013 14.B.2. Page lufl Property �u _�7r!aj Property DetaAH Aerial Sketches Trim Notices Parcel No. 77510240008 1 Site Adr. 1936 DAVIS BLVD lU�40O08 lO/4/20l3 ' "` y,''===°"^�r"vx^"="^'^"^�/nou—S`pachetpage-74S'mmu/r« c/ uv�—'/5 110"� Details Print New Search I Tax Bills Change of Address 11/12/2013 143.2. Page 1 of 1 j Parcel No. 77510240008 rr Site Adr. 1936 DAVIS BLVD Name /Address COLLIER CNTY COMMUNITY REDEVELOPMENT AGENCY 3301 TAMIAMI TRL E City S —�_ —_ , -- State FL _ Zip 34112 -4961 NAPLE _ Map No. Strap No. _ Section Township Range Acres *Ac 5A11 _ — 670b00 5 5A11 _T �11 50 25 - �_- 2.33 Legal TRIANGLE LAKE LOTS S -11 LESS THAT PORTION OF LOTS 5 & 6 DESC IN ORDER OF TAKING CASE # 94 -2112 DOT PARCEL 100 Miliaae Area O 112 _ Millage Rates A *Calculations Sub. /Condo 670600 - TRIANGLE LAKE School Other Total 86 - COUNTIES INCLUDING NO Use Code O N - 5.69 6.2427 11.9327 MUNICIPAL GOV. Latest Sales History 2013 Preliminary Tax Roll (riot all Sales are listed due to Confidentiality) _ i 15ubjectto Change) Date Amount yLand Value — $ 760,076 86, 09/09/09 4492 -1546 $ 6,3000 _ ... � t ( -�r.) Imnroved.Value 1 347.7211 littp://www.collierappraisei,.com/Main—Se, Packet Page -746- ml ?FolioID= 77510240008 10/4/2013 Property Summary Property Detail Aerial Sketches Trim Notices Parcel No. 77510240008 rr Site Adr. 1936 DAVIS BLVD Name /Address COLLIER CNTY COMMUNITY REDEVELOPMENT AGENCY 3301 TAMIAMI TRL E City S —�_ —_ , -- State FL _ Zip 34112 -4961 NAPLE _ Map No. Strap No. _ Section Township Range Acres *Ac 5A11 _ — 670b00 5 5A11 _T �11 50 25 - �_- 2.33 Legal TRIANGLE LAKE LOTS S -11 LESS THAT PORTION OF LOTS 5 & 6 DESC IN ORDER OF TAKING CASE # 94 -2112 DOT PARCEL 100 Miliaae Area O 112 _ Millage Rates A *Calculations Sub. /Condo 670600 - TRIANGLE LAKE School Other Total 86 - COUNTIES INCLUDING NO Use Code O N - 5.69 6.2427 11.9327 MUNICIPAL GOV. Latest Sales History 2013 Preliminary Tax Roll (riot all Sales are listed due to Confidentiality) _ i 15ubjectto Change) Date Amount yLand Value — $ 760,076 86, 09/09/09 4492 -1546 $ 6,3000 _ ... � t ( -�r.) Imnroved.Value 1 347.7211 littp://www.collierappraisei,.com/Main—Se, Packet Page -746- ml ?FolioID= 77510240008 10/4/2013 Detail by Entity Name I by Entity Name REENWAY LANDSCAPE SUPPLY LLC ocument Number L10000002763 EI /EIN Number 271623106 ate Filed 01/07/2010 late FL tatus ACTIVE ffective Date 01/09/2010 ast Event REINSTATEMENT vent Date Filed 11/29/2011 vent Effective Date NONE 90 S. TAMIAMI TRAIL "ERO, FL 33928 2ND ST. IITA SPRINGS, FL 34134 IDINGER, AMY 19 2ND STREET DNITA SPRINGS, FL 34134 tme & Address le MGR DINGER, AMY 49 2ND ST. )NITA SPRINGS, FL 34134 ae MGRM DINGER, JAMES 49 2ND ST. )NITA SPRINGS, FL 34134 1 a -)LI 0 ,I Z� 11/12/2013 14.B.2. Page 1 of 2 s littp:H search .swibiz.org /Inquiiy /Coiporatio Packet Page - 748- 1ltDetail/EntityName /flal -11... 10/2/2013 'ML% certnles That GREENWAY LANDSCAPE SUPPLY LLC 20190 S T.AMIAMI TRL ESTERCI FL 33928 -2118 11/12/2013 14.6.2. DR•11 R, '0M2 i • `I I I i I t has met the sales and use tax registration requirements for the business location stated above and Is eutharized to collect and remit tax as required by Florida law: This certificate is non - transferable. PAS'fTHIS CERTIFICATE IN A CONSPICUOUS PLACE THIS IS YOUR SALES & USE TAX CERTIFICATE OF REGISTRATION (DETACH,AND POST IN A CONSPICUOUS PLACE THIS IS YOUR ANNUAL RESALE CERTIFICATE FOR SALES TAX Note; New dealers who register after mid - October are issued annual resale certificates that expire on December 31 of the following year. These certificates .are "valid immediately. DR -1 W, R. 10 112 2013 Florida Annual Resale Certificate for Sales Tax f�n•1, M, THIS CERTIFICATE PUPIRES ON 17ECtEMBEn 31, 2013 Of OWN I Business Name and t acattonAddress Regigj ILLQ FfLCLE' baf? Certificate Number GREENWAY LANDSCAPE SUPPLY LLC 02/06/10 46- 8015284$00 -7 20190 S TAMIAMI TRL EiSTE:RD FL 33928••2716 This Is to certiiy that all tan9lble per8onW property purchased or rented, real property rented, or services purchased by the above business are being purchased or rented for one of the following purpeset: • Resale As wvlble personal properly. - Re- rental as real property. Incorporalbri es a matertar, tnaraceant, a • RL- rental ae tanglola pOrsonal property. • Incorporallon into and sale as pan of the Rptur of component part of isnglbta personal properly • Resale of Services. tarpiW personal properlyby a repair dealer, that Is be)np pruduced for sale by rnanulaMrino. • Ae`renral as tranelent rental property, oompoun(iing, or processing. This Certificate cannot be reassigned or transferred. This certificate, can only be used by the active registered dealer or it8•atrlhotined employees. Mlsou- of this Annual Resale CenHicate will subject the user tQ penalties as prdvided by taw. Use signed phot y aI pu sas. presented to: Presented in- ltnsen rwnc of Sa vm olncopy) (cat 70ulo iPwmeeeq o71c Packet Page -749- Certificate of Registration issued Pursuantto Chapter 212, Florida Statutes WARTMENT OF REVENUE , .46. 6015284500.7 02108/10 Certificate Number Registration Effective Date 'ML% certnles That GREENWAY LANDSCAPE SUPPLY LLC 20190 S T.AMIAMI TRL ESTERCI FL 33928 -2118 11/12/2013 14.6.2. DR•11 R, '0M2 i • `I I I i I t has met the sales and use tax registration requirements for the business location stated above and Is eutharized to collect and remit tax as required by Florida law: This certificate is non - transferable. PAS'fTHIS CERTIFICATE IN A CONSPICUOUS PLACE THIS IS YOUR SALES & USE TAX CERTIFICATE OF REGISTRATION (DETACH,AND POST IN A CONSPICUOUS PLACE THIS IS YOUR ANNUAL RESALE CERTIFICATE FOR SALES TAX Note; New dealers who register after mid - October are issued annual resale certificates that expire on December 31 of the following year. These certificates .are "valid immediately. DR -1 W, R. 10 112 2013 Florida Annual Resale Certificate for Sales Tax f�n•1, M, THIS CERTIFICATE PUPIRES ON 17ECtEMBEn 31, 2013 Of OWN I Business Name and t acattonAddress Regigj ILLQ FfLCLE' baf? Certificate Number GREENWAY LANDSCAPE SUPPLY LLC 02/06/10 46- 8015284$00 -7 20190 S TAMIAMI TRL EiSTE:RD FL 33928••2716 This Is to certiiy that all tan9lble per8onW property purchased or rented, real property rented, or services purchased by the above business are being purchased or rented for one of the following purpeset: • Resale As wvlble personal properly. - Re- rental as real property. Incorporalbri es a matertar, tnaraceant, a • RL- rental ae tanglola pOrsonal property. • Incorporallon into and sale as pan of the Rptur of component part of isnglbta personal properly • Resale of Services. tarpiW personal properlyby a repair dealer, that Is be)np pruduced for sale by rnanulaMrino. • Ae`renral as tranelent rental property, oompoun(iing, or processing. This Certificate cannot be reassigned or transferred. This certificate, can only be used by the active registered dealer or it8•atrlhotined employees. Mlsou- of this Annual Resale CenHicate will subject the user tQ penalties as prdvided by taw. Use signed phot y aI pu sas. presented to: Presented in- ltnsen rwnc of Sa vm olncopy) (cat 70ulo iPwmeeeq o71c Packet Page -749- n w 11/12/2013 14.B.2 Packet Page -750- 11/12/2013 14.6.2. t z O o V c r O N Mom `_. OF � uNi '• W N rn LU LO q�1 Q FFr a w m0 . a O CL Z -j O Z w N $ Co � z g� Co po LL. tnEv W0��N o UQ 1- W,z�(�t `"o �aN �ro �Lu m . �o ga - o wO'¢w ? 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('•j � �' Z �,. r a 4" iA 6 C14 PIN CD N ' o C H r Q Irq z QA U io 41 - -� a e M h h Packet Page -758- V C M V lu M Z iu V Ll 2 V C lu rj i, 11/12/2013 14.B.2. Packet Page -759- L. U U C - 62 A 6 0 u tc E 4-P ri 0 Ll X o > V 6 0 hC lu u L7 C L lu lu z 4j M I L x 4 lu lu m C 41 fj iu fj 4i E E EL JU - 6 CL 19 0 > V (j P 0 N a do t ri E - ti C - T , C u 0 u .0 m rj E EL D ft lu ri v lu - r fj rj I >1 -4, lu A L 4-- a L 7 ts - 0 0 lu lu Id -U u 0 ti (1 OL 0. lu r) > W 0 lu CL c. C .0 lu o In Ci tj C L6. Z CL Aw to : 0 > Ll 41 L V 40 bc V L- 41 E ri E U.0 ri dl CL C) Ir Ir 0 41 tK 7 r- IQ 0 ri -i V. 0 t C E > E 0 r u rz rA r CL 0 V -T -0 C -- 'a L, v n U.0 C fj I C v IV IU 0 0 40 C V r. c Og 7 40 c w rj IA 4 L. rj 4�1 +�+— F1 13 u 4J 0 iu C V lu Cl 1 0 lu 0 Z. 40 0. L lu C T ri L RI rl u > tl[ C 0 u N CL C I tj C CL 1 V V 0) Q o 4 E 0 L Ju V IV lu I Ll M 3 t T c 6a Ll Ll > lu f > rs L. N -0 E V 0 U K 0 u Z > Z > 43 L% u a P C 0 72 u (j W tj L Packet Page -759- L. 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