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Agenda 12/11/2012 Item #16E 912/11/2012 Item 16.E.9. EXECUTIVE SUMMARY Recommendation to approve the renewal of the Lease Agreement with the Retreat at Port of the Islands LLC for the Ochopee Fire Control District. OBJECTIVE: Obtain approval of the Lease Agreement with the Retreat at Port of the Islands to house fire personnel for the Ochopee Fire Control District until the renovations of Fire Station 61 can be completed. CONSIDERATIONS: The County purchased property in 2008 at the Port of the Islands. Under current plans, certain space within the "Ships Store" building will house the employees and equipment of the Ochopee Fire Control District. The District plans to renovate the space at the new location and will operate a permanent station once they are completed. Since the Board of County Commissioners approved the original lease and related resolution on 5 -26 -09 (agenda item 16F1), the District has occupied space at the Port of the Islands Hotel. Specifically, the District is renting two rooms plus parking space to house personnel and equipment while waiting for funding to renovate the permanent structure. It should be noted that the subject property is zoned Village Residential (VR) which permits hotels and motels that can be rented monthly to individuals or to a business or other organization such as the Ochopee Fire Control District. The room rentals will only be used for transient lodging and not as a District substation. In addition, the zoning for the subject hotel allows District employees utilizing the lodging facilities to park District vehicles that they drive to the lodging facility. Accordingly, a conditional use is not required, because the subject site is not being used as a District substation, and no official business is conducted on -site (see attached Zoning Verification Letter, dated Sept. 25, 2011). FISCAL IMPACT: The fiscal impact of the proposed Lease Agreement is similar to the original lease, with two rooms and a parking space for a fire truck at the rate of $1,300 per month. Funds are available and appropriated within Ochopee Fire Control District Fund (146) operating budget. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: The original lease expired on June 30, 2010, and since then, the District has been occupying the space as a holdover tenant, on a month -to -month basis. The proposed Lease Agreement is substantially similar to the expired lease ($1,300 per month rent for the same space and on essentially the same terms), but is month -to -month (with 30 days notice for termination) instead of one year. This item is legally sufficient, and requires a majority vote for Board approval. -JW RECOMMENDATION: That the Board of County Commissioners approve the proposed Lease Agreement with Retreat at Port of the Islands LLC. Prepared by: Alan McLaughlin, Fire Chief Packet Page -4016- COLLIER COUNTY Board of County Commissioners Item Number: 16.E.9. 12/11/2012 Item 16.E.9. Item Summary: Recommendation to approve the renewal of the Lease Agreement with the Retreat at Port of the Islands LLC for the Ochopee Fire Control District Meeting Date: 12/11/2012 Prepared By Name: SwisherLinda Title: Administrative Secretary,Ochopee Fire Control Dist 11/28/2012 12:11:11 PM Submitted by Title: Fire Chief,Ochopee Fire Control District Name: McLaughlinAlan 11/28/2012 12:11:13 PM Approved By Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 11/28/2012 12:54:27 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 11/28/2012 1:18:03 PM Name: PriceLen Title: Administrator, Administrative Services Date: 11/29/2012 2:02:42 PM Name: WrightJeff Title: Assistant County Attorney,County Attorney Date: 11/29/2012 4:14:52 PM Name: GreenwaldRandy Packet Page -4017- 12/11/2012 Item 16.E.9. Title: Management/Budget Analyst,Office of Management & B Date: 11/30/2012 9:29:42 AM Name: KlatzkowJeff Title: County Attorney Date: 12/3/2012 1:26:31 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 12/3/2012 3:30:28 PM Packet Page -4018- Lease #. LEASE AGREEMENT 12/11/2012 Item 16.E.9. THIS LEASE AGREEMENT, entered into this day of 2012, between Retreat at Port of the Islands, LLC, a Florida Limited Liability Company, whose mailing address is 6620 Estero Boulevard, Fort Myers Beach, Florida 33931, hereinafter referred to as "LESSOR ", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE ". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR two (2) adjoining units, M252 and M253 in the Main Lodge Building located at the Retreat at. Port of the islands condominium, along with one (1) parking space for fire truck parking on the east side of the Main Lodge Building, as designated on Exhibit "A," and hereinafter referred to as the "Demised Premises ", for the sole purpose of housing 11�N and providing parking space for LESSEE'S employees to establish a functional fire station at Port of the Islands for the Ochopee Fire Control and Rescue District, a dependent special district under the control of LESSEE. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for the term of this lease which shall commence on the date entered into this agreement and continue on a month to month basis, with termination possible by either party, with or without cause, by providing written notice at the address set forth in section 12 of this Lease Agreement, at least thirty (30) days prior to such termination. Said notice shall be effective upon actual receipt of the written notice. ARTICLE 3. Modifications to Demised Premises LESSOR has modified one of the two leased units for the LESSEE, at the expense of the LESSEE, by installing lower and upper cabinets, countertop, sink, faucet, associated plumbing and two (2) electrical outlets above the counter to operate Packet Page -4019- 12/11/2012 Item 16.E.9. a stove top double burner and appliances. LESSEE agrees to pay for the expense required to return the units to their original condition upon the end of the lease. These expenses would include; but not be limited to, removal of the kitchen, removal of the plumbing, reinstallation of the baseboard, painting of the unit, and cleaning or replacement of the carpet, based on condition. Digital pictures of the units will be taken prior to occupancy as to maintain record of condition and protect both parties. Any damage to the unit or grounds caused by LESSEE will be billed to LESSEE. A cover for the fire truck has been installed for the purposes of protection of the fire truck. LESSEE will be responsible for maintaining the cover, subject to approval by LESSOR, and for returning the parking area to its original condition upon the end of the lease term, including removal of the cover and repair of damages to the pavement from the cover assembly that are caused by LESSEE. Prior to makirig any additional changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations ,which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 4. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of thirteen hundred dollars and 00 /100 Cents ($1,300.00) per month in one monthly payment. 2 Packet Page -4020- 12/11/2012 Item 16.E.9. Rental payment shall be due payable in advance on the twenuein kcu gay or every calendar month, as payment for the following 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 /30th) of the monthly rental multiplied by the number of rental days of such fractional month. Lease payments should be made to: The Retreat at Port of the Islands, LLC 6620 Estero Boulevard Fort Myers Beach, Florida 33931 ARTICLE 5. Other Expenses and Charges . LESSOR is responsible for.all utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, and sewer rendered or supplied thereupon or in connection with the Demised Premises, ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 8. Indemnity and insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position. 3 Packet Page -4021- 12/11/2012 Item 16.E.9. ARTICLE 9. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 10. Default byLESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 11. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 12. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Collier County Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 cc: Office of the County Attorney ARTICLE 13. Surrender of Premises LESSOR: Retreat at Port of the Islands, LLC c/o SunStream, Inc. 6620 Estero Boulevard Fort Myers Beach, Florida 33931 LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance Packet Page -4022- n 12/11/2012 Item 16.E.9. thereof, ordinary wear and tear and damage by fire or the eleme. u. vVYVIlu uL..v�L_L_ control excepted. ARTICLE 14. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 15. Rules of Conduct LESSEE will assume all responsibilities for the conduct of its employees. During the term of this Lease Agreement, the following "rules of behavior" will be in effect: 1. Towel service will be provided two (2) times per week. 2. Land -based telephones will not be turned on in the units. 3. A unit inspection will be completed prior to LESSEE's arrival, including photographic documentation. Upon vacating the premises, LESSEE will be responsible for the cost of repairs due to damages to the units that are caused by LESSEE during the term of LESSEE's occupancy.. 4. Use of illegal drugs on the property is prohibited. 5. Loud, disruptive, or unruly behavior will not be tolerated. 6. No personal items may be left outside the units in the corridor. 7. Use of the on -site recreational facilities is subject to posted rules and regulations. 8. No friends or families of LESSEE'S employees are permitted to stay overnight. 9. No pets are allowed. 10. No smoking in the units is allowed. ARTICLE 16. Radon Gas 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. Packet Page -4023- ARTICLE 17. Effective Date 12/11/2012 Item 16.E.9. This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ^ ARTICLE 18. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: Chairman ^ 6 Packet Page -4024- AS TO THE LESSOR RETREAT AT PORT OF THE ISLANDS, LLC: DATED: //— 7 —1-.2— ATTEST: Secretary WITNESS (signs ure) print n E 9(s i g n; it u'r e) Lak- Q print r0me Approved as to form and legal sufficiency: Jeff E. Wright Assistant County Attorney 12/11/2012 Item 16.E.9. c David A. Lawrence, President, Sunstream, Inc., Its Managing Member (CORPORATE SEAL) Packet Page -4025- 12/11/2012 Item 16.E.9. rage .f or -10 EXECUTIVE SUMMARY Request that the Board of County Commissioners approve a temporary waiver of the conditional use requirement, and authorize a temporary location, for the Ochopee Fire Control and Rescue District at Port of the Islands Hotel, and authorize the Chairman to sign a lease to effect such approval OBJECTIVE: To obtain authorization from the Board of County Commissioners (Board) to approve a temporary waiver of zoning restrictions and authorize the lease of space at Port of the Islands Hotel for a temporary fire station to house employees and equipment of the Ochopee Fire Control and Rescue District. CONSIDERATIONS: The County recently purchased property at the Port of the Islands. Under current plans, certain space within the "Ship's Stone" building will house the employees and equipment of the Ochopee Fire Control and Rescue District. The District plans to renovate space at the new location and will operate a permanent fire station once these renovations are complete. The District needs a temporary location for its employees and equipment during the renovation of their new fire station. Temporary space is available at Port of the Islands Hotel. Specifically, the District wishes to rent two rooms and parking space as a temporary location while the new station is being built. The permanent space is zoned "C4" — a zoning designation which allows essential services, including fire stations, as a permitted use. The proposed temporary space is zoned "RT" which allows fire stations as a conditional use. Given the area's density and related response times, staff` believes it is necessary for the health, safety, and welfare of the residents of Collier County to temporarily suspend the conditional use requirement to allow a temporary fire station to operate out of Port of the Islands Hotel until renovations are complete at the future permanent fire station at Port of the Islands. FISCAL IMPACT: The lease provides for two rooms and parking space for a fire truck, at the rate of $1,300.00 per month, for one year, with an option to renew for a second year. Funds are available and appropriated within the Ochopee Fire Control District Fund (146) operating budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. Packet Page -4026- a 12/11/2012 Item 16.E.9. rage z or .i 3 LEGAL CONSIDERATIONS: The County Attorney recommends adherence to the conditional use application requirements. Should the Board find that significant health and safety concerns exist, the County Attorney has no issue with the Board authorizing a temporary use while the conditional use application is being pursued. The temporary use should automatically expire upon approval or disapproval of the conditional use application, or upon opening of the permanent fire station. -JAK RECOMMENDATION: That the Board of County Commissioners (1) approve the temporary waiver of the conditional use requirement to allow the Ochopee Fire Control and Rescue District to operate at a temporary location at Port of the Islands Hotel; (2) approve and authorize the Chairman to sign the attached resolution; and (3) authorize the Chairman to sign a lease for two rooms, along with parking space, at the Port of the Islands Hotel as a temporary fire station for the District. PREPARED BY: Dan Summers, Director, Bureau of Emergency Services Packet Page -4027- x 12/11/2012 Item 16.E.9. rage j or -1,5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS � Item Number: 16F1 Item Summary: Request that the Board of County Commissioners approves a temporary waiver of the conditional use requirement, and authorize a temporary location, for the Ochopee Fire Control and Rescue District at Port of the Islands Hotel, and authorize the Chairman to sign a lease to effect such approval. Meeting Date: 5126/2009 9:00:00 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 511112009 5:43 PM Approved By Dan E. Summers Bureau of Emergency Services Director Date County Manager's Office Bureau of Emergency. Services 6114120099 :29 AM Approved By Michael K. Dowling Property Management Specialist Date Administrative Services Facilities Management 51141200912:33 PM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 5/14/2009 2:29 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 5114/2009 2:40 PM Approved By Jeff Ktatzkow County Attorney Date County Attorney County Attorney Office 5/1512009 2:31 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5115/2009 4:29 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management -& Budget 511812009 6:20 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County County Manager's Office 5120/2009 8 :03 AM Commissioners Packet Page -4028- 12/11/2012 Item 16.E.9. rage 4 or 1,3 Lease # LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this 26`}' day of May 2009, between Retreat at Port of the Islands, LLC, a Florida Limited Liability Company, whose mailing address is 6620 Estero Boulevard, Fort Myers Beach, Florida 33931, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE ". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR two (2) adjoining units, M252 and M253 in the Main Lodge Building located at the Retreat at Port of the Islands condominium, along with one (1) parking space for fire truck parking on the east side of the Main Lodge Building, as designated on Exhibit "A," and hereinafter referred to as the "Demised Premises ", for the sole purpose of housing and providing parking space for LESSEE'S employees to establish a functional fire station at Port of the Islands for the Ochopee Fire Control and Rescue District, a dependent special district under the control of LESSEE. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of one (1) year, commencing on July 1, 2009, and ending June 30, 2010. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease Agreement, to renew same for one additional term of one (1) year, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease Agreement, with or without cause, upon thirty (30) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. Packet Page -4029- 12/11/2012 Item 16.E.9. rage b of 16 ARTICLE 3. Permanent Site Modifications LESSOR will manage the modifications required for the site to accommodate the fire truck. The site work will require relocation of the existing Easterly Curb four feet to the east, pouring a new curb, installation of the lime -rock base in the new area, additional blacktop in the same area, and the addition of a sidewalk to allow for deliveries to the Retreat at Port of the Islands condominium hotel, as shown in Exhibit A. All costs of these site modifications are to be borne by LESSEE. Returning the site to original condition will not be required. ARTICLE 4. Modifications to Demised Premises LESSOR will modify one of the two leased units by installing lower and upper cabinets, countertop, sink, faucet, associated plumbing, and two (2) electrical outlets above the counter to operate a stove top double burner and appliances. LESSEE agrees to pay for both the modifications to the unit and for the expense required to return the units to their original condition upon the end of the lease. These expenses would include, but not be limited to, removal of the kitchen, removal of the plumbing, reinstallation of the baseboard, painting of the unit, and cleaning or replacement of the carpet, based on condition. Digital pictures of the units will be taken prior to occupancy as to maintain record of condition and protect both parties. Any damage to the unit or grounds caused by LESSEE will be billed to LESSEE. A cover for the fire truck wilt be installed for the purposes of protection of the fire truck. LESSEE will be responsible for purchasing, installing, and maintaining the cover, subject to approval by LESSOR, and for returning the parking area to its original condition upon the end of the lease term, including removal of the cover and repair of damages to the pavement from the cover assembly that are caused by LESSEE. Prior to making any additional changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and 2 Packet Page -4030- 12/11/2012 Item 16.E.9. requirements of the United States of America, State of Florida, Coui ILy U1 vvuigaggLY 540f 13 any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 5. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of thirteen hundred dollars and 00/100 Cents ($1,300.00) per month in one monthly payment. Rental payment shall be due payable in advance on the twentieth (20") day of every calendar month, as payment for the following 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 /30th) of the monthly rental multiplied by the number of rental days of such fractional month. Lease payments should be made to: SunStream, Inc. 6620 Estero Boulevard Fort Myers Beach, Florida 33931 ARTICLE 6. Other Expenses and Charges LESSOR is responsible for all utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, and sewer rendered or supplied thereupon or in connection with the Demised Premises. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. Packet Page -4031- 12/11/2012 Item 16.E.9. rage r or -10 ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity and Insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. Packet Page -4032- 12/11/2012 Item 16.E.9. gage is of l J ARTICLE 13. Notices Any notice which LESSOR or LESSEE maybe required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: Collier County Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 cc: Office of the County Attorney ARTICLE 14. Surrender of Premises LESSOR: Retreat at Port of the Islands, LLC c/o SunStream, Inc. 6620 Estero Boulevard Fort Myers Beach, Florida 33931 LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised .Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSEE. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 16. Rules of Conduct LESSEE will assume all responsibilities for the conduct of its employees. During the term of this Lease Agreement, the following "rules of behavior" will be in effect: 1. Towel service will be provided two (2) times per week. Packet Page -4033- 2. Land -based telephones will not be turned on in the u.12/11/2012 Item 16.E.9. p rage y or i 3 3. A unit inspection will be completed prior to LESSEE's arrival, including photographic documentation. Upon vacating the premises, LESSEE will be responsible for the cost of repairs due to damages to the units that are caused by LESSEE during the term of LESSEE's occupancy. 4. Use of illegal drugs on the property is prohibited. 5. Loud, disruptive, or unruly behavior will not be tolerated. 6. No personal items may be left outside the units in the corridor. 7. Use of the on -site recreational facilities is subject to posted rules and regulations. 8. No friends or families of LESSEE'S employees are permitted to stay overnight. 9. No pets are allowed. 10. No smoking in the units is allowed. ARTICLE 17. Radon Gas 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. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA 0 Packet Page -4034- 12/11/2012 Item 16.E.9. BY. BY: rage -I u or -1.3 Deputy Clerk DONNA FIALA, Chairman AS TO THE LESSOR RETREAT AT PORT OF THE ISLANDS, LLC: DATED: ATTEST: Secretary WITNESS (signature) print name WITNESS (signature) print name Approved as to form and legal sufficiency: J ff E Wright As ' ant County Attorney By. David A. Lawrence, President, �S;uunnstream, Inc., Its Managing Member (CORPORATE SEAL) Packet Page -4035- 12/11/2012 Item 16.E.9. rage -i -t of to I Ochopee Fire District Parking Area j3H _Ito 77� L EXHIBIT A Packet Page -4036- 12/11/2012 Item 16.E.9. RESOLUTION NO. rage -i z or -1,5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TEMPORARILY WAIVING THE CONDITIONAL USE REQUIREMENT AND AUTHORIZING THE TEMPORARY USE OF SPACE WITHIN PORT OF THE ISLANDS HOTEL TO ACCOMMODATE THE OCHOPEE FIRE CONTROL AND RESCUE DISTRICT, WHILE A CONDITIONAL USE APPLICATION IS PENDING, AND EXPIRING ON THE EARLIER OF (A) THE OPENING OF THE FUTURE PERMANENT FIRE STATION AT PORT OF THE ISLANDS, OR (B) APPROVAL OR DISAPPROVAL OF THE CONDITIONAL USE APPLICATION. WHEREAS, Section 125.01(1)(d), Florida Statutes, provides local governing bodies with authority to provide fire protection to residents; and WHEREAS, it is necessary and in the interest of the health, safety, and welfare of the residents of Collier County to provide adequate fire protection services to the residents of Collier County, including those residents living in Port of the Islands and surrounding areas; and WHEREAS, the Ochopee Fire Control and Rescue District, a dependent special fire district of the Board of County Commissioners, plans to operate out of permanent space in the County's recently purchased Port of the Islands property, once renovations are complete; and WHEREAS, in order to provide adequate fire protection while renovations are pending, the Ochopee Fire Control and Rescue District needs a temporary location to house employees and equipment; and WHEREAS, sufficient space is available for lease at the Port of the Islands Hotel, which is immediately adjacent to the fire district's planned permanent location; and WHEREAS, under the present zoning for the hotel property (Residential Tourist (RT)), "essential services" (which includes fire services necessary for the public health, safety, and welfare) are not permitted uses and are authorized as conditional uses only, pursuant to Land Development Code Section 2.01.03.G.1.e.; and Packet Page -4037- 12/11/2012 Item 16.E.9. WHEREAS, based on the current dry season and recent wildfire and brush fire d'u9.'�►�eARVI 10 in Collier County, in order to protect the public health, safety, and welfare, there is an immediate need to provide the Ochopee Fire Control and Rescue District with adequate temporary facilities during the conditional use application process, and during.renovation of their future space at Port of the Islands. NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners hereby approves a temporary use to allow a fire station at Port of the Islands Hotel for the Ochopee Fire Control and Rescue District, as necessary for the health, safety, and welfare of the citizens of Collier County; and BE IT FURTHER RESOLVED, that this temporary use approval shall be conditioned on submittal of a conditional use application no later than June 26, 2009, followed by active and ongoing pursuit of conditional use approval; and BE IT FURTHER RESOLVED, that the temporary use shall expire on the earlier of (a) opening of the permanent Iocation at Port of the Islands, or (b) approval or disapproval of the conditional use application; and BE IT FURTHER RESOLVED, that the Chairman is authorized to sign a lease for two hotel rooms and parking space at the Port of the Islands Hotel, to effect this approval. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA c DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: By: "° Jl ff E. Wright, Assistant County Attorney �'J 2 Packet Page -4038- 12/11/2012 Item 16.E.9. Growth irwanagernent Division — Planning & Regulation Dep rtnie t of Land Develo matt e ;rvio Zoning Setvicmv,, Soctiort September 5, 2011 Mr. Alan McLaughlin Ochopee Fire Control District 4001 Tamiami Trail North Naples, FL 34103 Re: Zoning Verification Letter (ZLTR- 2011 -PL -1370) regarding property located at 25000 Tamiami Trail East; Folio number 68310000020, in Section 18, Township 49 South, Range 26 East, Collier County, Florida Dear Mr. McLaughlin: In your application found sufficient on August 5, 2011, you asked if the Ochopee Fire Control District lease (monthly) a room from the Retreat at the Pont -of- the - Islands hotel for lodging of personal with no business to be conducted from the site. The subject property is zoned Village Residential (VR) which permits hotels and motels which can have monthly rentals to individuals or to a business or other organization such as the Ochopee Fire Control 'District to be used only for transient lodging and not as a substation for the Fire Control 'District. Therefore, no official business is to be conducted from the hotel rooms or on property zoned VR. In addition, the Fire District employees utilizing the lodging facilities can park fire district vehicles that they drive to the lodging facility. It should be noted that a Conditional Use for a fire station is required to be obtained if the subject site is to be used as a substation for the Fire Control District of if official business is conducted on -site. z �i Department of Land Development Services a 2800 North Horseshoe Drive 9 Naples, FL 34104 o 239- 252 -2400 Packet Page -4039- Mi% McLaughlin RE: ZLTR -PL -2011 -1370 12/11/2012 Item 16.E.9. Please be advised that the information presented in this verification letter is based on the Collier County Land Development Code and/or Growth Management Plan in effect as of this date. It is possible that subsequent amend(s) to either of these documents could affect the validity of this verification letter. It is also possible that development of the subject property could be affected by other issues not addressed in this letter, such as, but not limited to, concurrency related to the provision of Adequate Public Facilities, Environmental Impact, and other requirements of the Collier County Land Development Code or related ordinances such as the Building Code. Should you require further information concerning this matter, please do not hesitate to call me at (239) 252 -2484. Sincerely, Raymond V. Bellows, Zoning Services Section Planning Manager Department of Land Development Services Cc; Claudine Auclair, Business Center Manager Laurie Beard, PUD Monitoring 7olm Kelly, Planner Correspondence File 2 Packet Page -4040-