Backup Documents 05/22/2012 Item #16B 1COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
® Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
■
Originating Dept/ Div: Bayshore Gateway Triangle CRA Person: Jean Jourdan Date: 4/24/2012
Petition No. (If none, give brief description):
Petitioner: (Name & Address): D. Jackson 4069 Bayshore Drive, Naples, F134112
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet)
Hearing before XX BCC BZA Other
Requested Hearing date: N/A
Newspaper(s) to be used: (Complete only if important):
® Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size: See Attached
Companion petition(s), if any & proposed hearing date: N/A
❑ Legally Required
Does Petition Fee include advertising cost? ® Yes ❑ No If Yes, what account should be charged for advertising costs:
PO #4500131833, Act. -- V(,p 003q
Reviewed by Reviewed by:
— oa r- 2 '(- l z
ivision Administrato Date Date
List Attachments: Notice Advertisement
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
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FOR CLERK'S OFFICE USER
Date Received: ii Date of Public hearing: Date Advertised: 2
�S�t2
Ann P. Jennejohn
From:
BrockMaryJo <MaryJoBrock @colliergov.net>
Sent:
Tuesday, April 24, 2012 10:16 AM
To:
Minutes and Records; Neet, Virginia
Cc:
Jourdan, Jean
Subject:
FW: NDN AD
Attachments:
NDN.pdf; Legal Ad.docx
Good morning, Please see attached.
Thanks, MJ
From: jourdan,j
Sent: Tuesday, April 24, 2012 10:15 AM
To: BrockMaryJo
Cc: JacksonDavid
Subject: NDN AD
Hi MaryJo:
Attached please find the legal advertisement to be forward to the Clerk's Office. The legal notice language has been reviewed and
approved by Steve Williams, Assistant County Attorney (RLS- 12 -CRA- 00148). If you need any additional information please don't
hesitate to contact me.
The notice must be published in accordance F.S. 125.35(1)(b), and requires publishing 1 time a week for 2 weeks (2- times). Please
have the notice published at the next available publishing date.
Thanks.
ri.- J—rd'an , A( CP
Jean Jourdan, Project Manager
Bayshore /Gateway Triangle CRA
239- 643 -1115
Under Florida 'law, e -mail addresses are public records. If you do not warn your e-mail address released in response to a public records request, do not send
electronic, rnail to thls entity, instead, contact this office by telephone or in .writing;.
1
M
16B1 -1
April 24, 2012
The Naples Daily News
PO Box 7009
Naples, FL 34101
ATTENTION: Notices Section
Fax #
Ph#
RE: PURCHASE ORDER # 4500131833 ACCOUNT 068839
!!PURCHASE ORDER NUMBER MUST BE REFERENCED ON INVOICE!!
Please publish the following legal advertisement on Leasing of 1991 Tamiami Trail East
Improvements on the next available publishing date
Legal Advertisement
PROPOSED AMENDMENT TO LEASE
LEGAL NOTICE
PROPOSED LEASE AMENDMENT
Notice is hereby given that the Community Redevelopment Agency of Collier County, Florida, is
considering an Amendment to a Lease Agreement by and between Green Effex., as Lessee and
Collier County Community Redevelopment Agency (CRA) as Lessor for property located at 1991
Tamiami Trail East, Naples Florida, 34112. Prior to entering into this amendment the CRA will
consider, and is inviting, alternative proposals from anyone interested in leasing this property.
Further information is available and may be obtained by contacting Jean Jourdan, Project Manager,
Bayshore /Gateway Triangle CRA, 4069 Bayshore Drive, Naples, Florida 34112 or calling (239) 643-
1115. All interested persons must respond within 14 days from publication of this notice.
This 24th day of April, 2012.
Collier County Commun' y Redevelopment Agency,
CXG-
Submitted by: Dav ckson, Executive Director for Bayshore /Gateway Triangle CRA
Prepared by. JearKJourdan
1681 3
Legal Advertisement
PROPOSED AMENDMENT TO LEASE
LEGAL NOTICE
PROPOSED LEASE AMENDMENT
Notice is hereby given that the Community Redevelopment Agency of Collier County, Florida,
is considering an Amendment to a Lease Agreement by and between Green Effex., as Lessee and
Collier County Community Redevelopment Agency (CRA) as Lessor for property located at
1991 Tamiami Trail East, Naples Florida, 34112. Prior to entering into this amendment the
CRA will consider, and is inviting, alternative proposals from anyone interested in leasing this
property. Further information is available and may be obtained by contacting Jean Jourdan,
Project Manager, Bayshore /Gateway Triangle CRA, 4069 Bayshore Drive, Naples, Florida
34112 or calling (239) 643 -1115. All interested persons must respond within 14 days from
publication of this notice.
1681
Ann P. Jennejohn
To: legals @naplesnews.com
Subject: CRA Notice - Proposed Lease Amendment
Attachments: CRA Amend to Lease Notice.doc; CRA Amend to Lease Notice.doc
Good Morning,
Please advertise the attached notice on Sunday, April 29
and again on the following Sunday, May 6, 2012.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
1681 '
Acct #068839
April 25, 2012
Attn: Legals
Naples News Media
1100 Immokalee Road
Naples, FL 34110
Re: CRA Legal Notice — Proposed Amendment to Lease
Dear Legals:
Please advertise the above referenced notice on Sunday, April 29, 2012
and again the following Sunday, May 6, 2012 and send the Affidavit of
Publication, in Triplicate, to this office.
Thank you.
Sincerely,
Ann Jennej ohn,
Deputy Clerk
P.O. #4500131833
Please reference the Purchase Order on the Invoice
1681 a
LEGAL NOTICE
PROPOSED LEASE AMENDMENT
Notice is hereby given that the Community Redevelopment Agency of Collier County, Florida,
is considering an Amendment to a Lease Agreement by and between Green Effex., as Lessee and
Collier County Community Redevelopment Agency (CRA) as Lessor for property located at
1991 Tamiami Trail East, Naples Florida, 34112. Prior to entering into this amendment the
CRA will consider, and is inviting, alternative proposals from anyone interested in leasing this
property. Further information is available and may be obtained by contacting Jean Jourdan,
Project Manager, Bayshore /Gateway Triangle CRA, 4069 Bayshore Drive, Naples, Florida
34112 or calling (239) 643 -1115. All interested persons must respond within 14 days from
publication of this notice.
1681
Ann P. Jennejohn
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Wednesday, April 25, 2012 11:53 AM
To: Ann P. Jennejohn
Subject: RE: CRA Notice - Proposed Lease Amendment
ok
Amy Green
Legal Advertisements
Naples Daily News
Main Office: 239 - 263 -4710
Direct Fax: 239 - 325 -1251
Email: le gals gnaplesnews. com
www.ngplesnews.com
From: Ann P. Jennejohn [mailto: Ann .lennejohn(&collierclerk.com1
Sent: Wednesday, April 25, 2012 11:46 AM
To: Legals NDN
Subject: CRA Notice - Proposed Lease Amendment
Good Morning,
Please advertise the attached notice on Sunday, April 29
and attain on the following Sunday, May 6, 2012.
Thank you!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239 - 252 -8406
239 - 252 -8408 (Fax)
Please visit us on the web at www.collierelerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helpdesk@colliercierk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Ann P. Jennejohn
From: Green, Amy <AGreen @Naplesnews.com>
Sent: Wednesday, April 25, 2012 11:57 AM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Attachments: UAS3D4Ejpg
Please provide approval ASAP for publication.
Thank You,
Naples News Legals
Thank you for placing your ad.
Date
04/25/12
Publication
NON
Account Number 769116
Ad Number
1947667
Total Ad Cost
$131.58
1
1681 1
16BI 1
LEGAL L NOTI E
PJR0P0$ED LEASE AMENDMENT
'Noti'ce is hereby given that the
Community Redevelopment. Agency of
Collier County, Flor -ida, is corisiderin
an Arnenct ert to, a Lease Agreer -neat
by and between Green E f e.x.., as
Lessee and Collier County Community
Redevelopment Aillerity .(CFA; )'
Lessor for proper -tV o al d at 1,991
Tam lla ml Trail E -ast, Naples Florida.
34112 Pr for to eritoririg into thi
ameiri`dm:ent the CRA will r- ons,i{ enr
and is invitin , alternative proposals
from anyc' ne ie- tterestem in I 'easin this
pr -ap rfi . Further infarmal. ion Is
agar Ia ble and may be obtained by
contacti n .p rr Jourdan, Prof ct'
Manager-, a s haore/G atewa Triangle
4,069, Bay shore Drive ,N➢apll es
Fl.o,rida 34 112 or,calling, U39) 643-
1 1 IS. All I 'i ntareste d a rson.s nn ust
r• s >r-d within 1 clays frorn
pkul �ationi of thi ncatilce_
April 219 & M a ' 6, 2012 No. 1947667,
1661
Ann P. Jennejohn _-
From: jourdan,j <JeanJourdan @colliergov.net>
Sent: Wednesday, April 25, 2012 12:23 PM
To: Ann P. Jennejohn
Subject: RE: Ad Confirmation
Good to go ... thank you.
- - - -- Original Message---- -
From: Ann P. Jennejohn fmai Ito: Ann .Jennej- ohn@collierclerk.coml
Sent: Wednesday, April 25, 2012 12:09 PM
To: jourdan,j
Subject: FW: Ad Confirmation
Hi Jean,
Please check over your legal notice for the proposed lease amendment.
It will run this coming Sunday and then on Sunday, May 6.
NDN needs an o.k. on this as soon as possible.
Thank you,
Ann
- - - -- Original Message---- -
From: Green, Amy fmai Ito: AGreen@ Nap lesnews.coml
Sent: Wednesday, April 25, 2012 11:57 AM
To: Ann P. Jennejohn
Subject: Ad Confirmation
Please provide approval ASAP for publication.
Thank You,
Naples News Legals
Thank you for placing your ad.
Date
04/25/12
Publication
NDN
Account Number
769116
Ad Number
1947667
Total Ad Cost
$131.58
Please visit us on the web at www.collierclerk.com
1
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Barbara Boyer, who on oath says that she serves as
the Sales Coordinator of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on April 29th & May 6th, 2012
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publir� n in the said newspaper,
Signature of affiant
Sworn to and subscribed before me
This ^I st day of June, 2012
V t-t
( Signatur of notary public)
NK'. CRYSTAL G. JONES
: *: r
M Y COMMISSION # DD 881614
^., a EXPIRES: June 27, 2013
Bonded Thru Notary Public Underwriters
� r
LEGAL NOTICE
PROPOSED LEASE AMENDMENT
Notice is hereby given that the
Community Redevelopment Agency of
Collier County, Florida, is considering
,an Amendment to a Lease Agreement
by and .between Green Eftex., as
Lessee and Collier County Community
Redevelopment Agency (CRA) as
Lessor; for property located at 1991
Tamiatni Trail East, Naples Florida,
34112.. Prior to entering into this
from anyone interested fn. leasing this
pro ., Furt her - InfCrrmAtion is
ova and may, <be Iedlftained by
co-, Fing Jean 'Jour an, project,
Manager,, Bayshore /G ate way Triangle
CRA, 4069 Bay shore Drive, Naples,
Florida .34112 or calling (239) 643-
1.115. All .interested persons must
respond within 14 days from
publication of this notice.
April 29 & May 6. 2012 No. 19476§7
MEMORANDUM
Date: May 30, 2012
To: Jean Jourdan, Project Manager
Bayshore Gateway Triangle CRA
4069 Bayshore Drive
Naples, Florida 34112
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Lease Agreement Amendment with Green Effex, LLC
for CRA property at 1991 Tamiami Trail East
Attached is an original copy of the document referenced above (Item #16131)
approved by the Board of County Commissioners on May 22, 2012.
The Minutes and Record's Department will hold the second original agreement
in the Board's Official Record.
If you have any questions, please contact me at 252 -8406.
Thank you.
B AY S H 8601
O ., "VN
G A T E W A Y
"R -&L-E
IVI # COMMUNITY REDEVELOPMENT AGENCY
Memorandum
To: Mr. Ian Mitchell
From: Jean Jourdan
Date: May 30, 2012
Re: Request for Donna Fiala signature stamp on attached Amendment to Lease
Agreement
Mr. Mitchell:
Enclosed please find one full (original) lease agreement and one copy of same
agreement for a lease between Collier County Community Redevelopment Agency
and Green Effex, LLC. This agreement was approved on May 22, 2012 on the BCC
agenda, item 16131. To execute the lease agreement the CRA chairman's signature
is required.
Please accept this request to affix the signature of Commissioner Coletta's signature
as CRA Chairman to the original AND copy of the enclosed grant agreement.
Thank you.
BAYS H 860
G A T E W A Y
-r Px-
I t"4-G-LE
III COMMUNITY REDEVELOPMENT AGENCY
Memorandum for Clerk of Courts
To: Clerk of Courts
From: Jean Jourdan
Date: May 30,2012
Re: Amendment to Lease Agreement
Enclosed please find one full (original) lease agreement and one copy of same
agreement for Amendment to Lease Agreement between the CRA Green Effex,
LLC. This agreement was approved on May 22, 2012 on the BCC agenda, item
16131.
The original agreement is for your office to attest and keep for your records. The
copy of the agreement is for my record — please sign and attest and call me for pick
up at 643 -1115. There is no need for your office to make any additional copies.
The Bayshore Gateway Triangle CRA is always appreciative of the Clerk's office's
generous support for the CRA.
Thank you-
1
16B1 'I
AMENDMENT TO LEASE AGREEMENT
00
THIS AMENDMENT TO LEASE AGREEMENT entered into this day of
2012, between COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCZAhereinafter referred to as "Landlord "), and GREEN EFFEX, LLC, a Limited
Liability Company (hereinafter referred to as "Tenant.
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable
consideration, the parties agree as follows:
WHEREAS, on March 1, 2011, the Landlord and Tenant entered into an Lease
Agreement, attached as Exhibit A; and
WHEREAS, Landlord and Tenant desire to extend the term of the Lease Agreement and
amend the terms of lease to a month to month basis 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 shall
remain in full force and effect, except as amended as follows:
1. Article 2, Term of Lease: The Lessee may hold over on the Premises, pursuant to the
terms of the lease on a month by month basis not to exceed 12 months or, May 31, 2013.
2. Termination: Either party may terminate the Lease by giving 30 days written notice to
the other party.
3. Except as expressly provided herein, the Lease Agreement dated March 1, 2011, and the
remains in full force and effect according to the terms and conditions contained therein,
and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
IN WITNESS WHEREOF, the Landlord and Tenant have hereto executed this
Amendment to Lease Agreement the day and year first above written.
AS TO LANDLORD:
ATTEST:
DWIGHT E. BROCK, Clerk
By:— b� z?y
Att"tMl
Ate 0 *1 `, r }
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By: �Q. A-� CL,
DONNA F LA, CHAIRMA
1
AS TO TENANT:
Wi ess (Signature)
-ke—c1l;1I P "
trrmt N amen
Approval for form
and legal Sufficiency:
S even T. w:I I'as
Assistant County Attorney
1661
GREEN EFFEX, LLC, a limited liability company
By:
rea Savoretti
ITS Managing Member
2
1661
EXHIBIT_
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this I# day of March, 2011, between GREEN EFFEX,
LLC, a Limited Liability Company, whose mailing address is 2823 Thistle Way, Naples, Florida 34105,
hereinafter referred to as "LESSEE ", and COLLIER COUNTY COMMUNITY REDEVELOPMENT
AGENCY, a political subdivision of the State of Florida, whose mailing address is 3299, East Tamami
Trail, Suite 303, Naples, Florida 34112, hereinafter referred to as "LESSOR ".
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE
described in Exhibit "A" (located at 1991 Tamiami Trail
hereto and made a part of this Lease, hereinafter called
County, Florida, for the following purpose (s):
ARTICLE 2. Term of Lease
hereby leases from LESSOR the property
East, Naples, Fl., 34112) which is attached
the "Demised Premises ", situated in Collier
LESSEE shall have and hold the Demised Premise for a term of one (1) year and two (2) months,
commencing on March 1, 2011, and ending May 1, 2012. 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 one (1) year, under the same terms and conditions, as provided herein, except as to the
rental amount, as provided herein, by delivering written notice of LESSEE'S unconditional 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 be effective upon actual receipt by the County.
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 that is contrary to law or rules or regulations of any
public authority having jurisdiction over the Leased Premises.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of
Eighteen Thousand 00 /100 Cents ($18,000.00) per annum in equal monthly installments of One
Thousand Five Hundred Dollars Dollars and 00 /100 Cents ($1500.00), plus sales tax if applicable, all
in advance on the first day of every calendar month during the term hereof. If the terms of this Lease
commence or end on a day other than the first day of the month, LESSEE shall pay base rent equal to one
thirtieth (1 /30th) of the monthly base rent multiplied by the number of rental days of such fractional
month. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE
4 of this Lease.
1681
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth
in ARTICLE 3 shall remain the same as the rent for the year when the option to extend is exercised, plus
Consumer Price Index (CPI).
In the event LESSEE elects to renew this Lease as provided for in ARTICLE 2, the rent set
forth in ARTICLE 3 shall be increased for the next ensuing one year renewal term in the same
proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers - United
States City Average, all Item -Series A (1982 -84 =100), United States Department of Labor had
increased for the preceding year. However, in no event shall the annual minimum rent be less
than Eighteen Thousand Dollars and 00 /100 Cents ($18,000.00) nor shall any yearly increase
be greater than 10 %. In the event that the Consumer Price Index ceases to incorporate a
significant number of items, or if a substantial change is made in the method of establishing such
Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would
have resulted had no change occurred in the manner of computing such Consumer Price Index.
In the event that such Consumer Price Index (or a successor or substitute index) is not available,
a reliable governmental or other nonpartisan publication, evaluating the information thereto for
use in determining the Consumer Price Index shall be used in lieu of such Consumer Price Index.
ARTICLE 4. Other Expenses and Charges
LESSEE shall pay all costs associated with the Demised Premises including and not limited to,
janitorial services and any and all utility charges. Utility charges shall include and not be limited to
electricity, light, heat, air conditioning, power, water, sewer and telephone or other communication
services, used, rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR
elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional
rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or
additions to the Demised Premises for LESSOR'S written approval, specifying in writing and in
meaningful detail, the nature and extent of the desired alteration, improvement, change, or addition,
along with the contemplated starting and completion time for such project. LESSOR or its designee will
then have sixty (60) days within which to approve or deny in writing said request for changes,
improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required
or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60)
days there has been no response from LESSOR or its designee to said proposals or plans, then such
silence shall be deemed as a DENIAL to such request to LESSEE.
LESSEE covenants and agrees in connections with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County
of Collier, and any and al I other governmental agencies.
1661
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 the additions, improvements, alterations, fixtures and
installations which were placed in, on, or upon the Demised Premises by LESSEE, 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.
LESSEE shall, at its sole cost and expense, clean up, re- landscape and re -paint the Demised
Premises within thirty (30) days of the effective date of this Agreement.
ARTICLE b. 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 the same and making repairs or providing janitorial
service therein, and for the purposes of inspection for compliance with provisions of this Lease
Agreement.
ARTICLE 7. Assignment and Subletting
LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised
Premises, or permit any other person(s) to occupy same without the expressed prior 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. Any such attempt shall be null and void.
ARTICLE 8. Indemnity
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees
from and against any and all liability (statutory or otherwise), damages, claims, suits, demands,
judgments, costs, interest and expenses (including but no limited to attorneys' fees and disbursements
both at trial and all appellate levels) arising, directly or indirectly, from any injury to, or death of, any
person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of
the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by
LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised
Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in
the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or
negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any
action or proceeding is brought against LESSOR by reason of any one or more thereof, 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.
1681
LESSOR shall not be liable for any injury or damage to person or property caused by the elements
or by other persons in the Demised Premises, or from the street or sub - surface, or from any other place,
or for any interference caused by operations by or for a governmental authority in construction of any
public or quasi - public works or otherwise.
LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any
property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the
LESSOR harmless from any claims for damages, except where such damage or injury is the result of the
gross negligence or willful misconduct of the LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies),
approved in writing by the Collier County Risk Management Department, for not less than One Million
Dollars and No /Cents ($1,000,000) combined single limits during the term of this Agreement. In
addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees
meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall
include Employers Liability with a minimum limit of One Hundred Thousand Dollars and No /I00 Cents
($100,000.00) per each accident.
Such insurance policy(ies) shall list and continuously maintain Collier County as an additional
insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management
Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 33962, for approval
prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than
ten (10) days prior written notice to Collier County c/o County Risk Management Department in the event
of cancellation or changes in policy(ies) coverage. 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.
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 twenty (20) days of the receipt of such notice, LESSOR may cause
the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning
costs, and such costs shall constitute ADDITIONAL RENT which shall be paid by LESSEE within ten
(10) days of receipt of written notice of costs incurred by LESSOR.
LESSEE, at its sole cost, shall repair all damage to the Demised premises caused by LESSEE, its
employees, agents, independent contractors, guests, invitees, licensees, or patrons.
LESSEE, at its sole cost, shall remove from the Demised premises in accordance with all
applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse
of any nature whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises.
Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR.
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ARTICLE 11. Default by LESSEE
Failure of LESSEE to remedy any non - compliance of this Lease within ninety (90) days from
receipt of LESSOR'S written notice stating the non - compliance shall constitute a default, 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
reasonably required to correct such default). However, the occurrence of any of the following events
shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR except
to the extent then prohibited by law:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to
LESSOR pursuant to the terms of this Lease.
(c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy.
(d) Adjudication as bankrupt.
(e) Making of a general assignment of the benefit of creditors.
(f) If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this ARTICLE 10, LESSOR, in
addition to any other rights and remedies it may have, shall have the immediate right to re -enter and
remove all persons and property from the Demised 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.
LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice
in writing if a lien is filed against the leasehold interest of the LESSEE and is not removed within thirty
(3) days pursuant to the Florida Mechanics Lien Law or otherwise.
If LESSEE fails to pay, when due, any 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 (5 %) percent of any payment not paid promptly
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, which
interest shall be paid by LESSEE to LESSOR.
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 to LESSOR
by LESSEE properly and in meaningful details specifying wherein LESSOR has failed to perform any
such obligation(s).
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ARTICLE 13. 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:
LESSOR: LESSEE:
Collier County Community Redevelopment Agency Green Effex, LLC
3299 East Tamiami Trail, Suite 303 2823 Thistle Way
Naples, Florida 34112 Naples, FI 34105
cc: Office of the County Attorney
(Client Department)
ARTICLE 14. Surrender of Premises
LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this
Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any
improvements not removed upon expiration of this Lease, or 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 IS. General Provisions
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S operations where any such operations share common facilities or otherwise.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all taxes imposed on the leasehold interest or otherwise related to the rental
of the Demised Premises to the extent applicable under law.
(c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the
creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession
of said leasehold interest in the Demised Premises.
ARTICLE 16. Environmental Concerns
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless
LESSOR, from and against all costs (including attorneys fees and all appeals) asserted against, imposed
on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any
federal, state, local or common law relating to pollution or harm to the environment.
ARTICLE 17. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
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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. General Provisions
LESSOR 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 shalt be the sole responsibility and
cost of LESSOR and shall involve no cost or expense to LESSEE.
ARTICLE 19. Extent of Liens
All persons to whom these presents may come are put upon notice that no interest of the LESSOR
in the Demised Premises shall be subject to liens for improvements made by the LESSEE, also 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 Demised Premises or any part of either. This notice is given pursuant
to the provisions of and in compliance with Section 713.10, Florida Statutes.
ARTICLE 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Governing Law
This Lease shall be governed by, 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 LESSOR:
DATE . . - " .
D ill
ATT]84T:
D1 161-1T E. BROCK ",Cl4k
`? J�s,,;,j ep Clerk
AA A as to Cfa 1
•l�iitt�r's �+'
COLLIER COUNTY COMMUNITY
REDEV OPMENT A ENCY
BY: w� -meJ
DONNA FIALA, Chairman
Wk
AS TO LESSEE:
DATED: ,--� / D c201
L ia1d (sign ).i¢RSo,,4)5
(print name)
41—TNESS--(tignature) _
-(&& Bcizgrso PIrSCJ3 n
(print name)
Approved as to form and
le I ufficiency,:
. L1
Steve T. Williams
Assistant County Attorney
GREEN EFFEX, LLC
��BY: ,
ANDREA SAVORETTI
ITS Managing Member
8
16B1
EXHIBIT "A"
Folio ID #0038840007
16Bf.
A lot or parcel of land in the East half of the Northwest quarter of the Northwest quarter, lying North of
the Tamiami Trial, of Section 1 I in Township 50 South, Range 25 East, Collier County, Florida being
specifically described as follow.
From the point of intersection of the West boundary line of the East half of the Northwest quarter of the
Northwest quarter, lying North of the Tamiami Trail (formerly known as Dixie Highway), of Section I 1
in Township 50 South, Range 25 East, Collier county, Florida, with the Northeasterly right of way line of
the said Tamiami Trail run in a Florida, with the Northeasterly right of way line of the said Tamiami
Trail run in a Southeasterly direction for 396.58 feet along said Northeasterly right of way line, to
establish the Point of Beginning; thence form the Point of Beginning deflect 90 degrees from the
Southeasterly to the Northeasterly and run 322.02 feet; thence deflect 43 degrees 39 minute 10 seconds,
from the Northeasterly to the Northerly and run 57.48 feet; thence deflect 69 degrees 51 minute 00
seconds from Northerly to Northwesterly and run 63.91 feet; thence deflect; thence deflect 66 degrees 29
minutes 50 seconds form Northwesterly to Southwesterly and run 338.32 feet to the said Northeasterly
right of way said Northeasterly right of way line the Point Beginning.
Commence at the northwest corner of Lot 6, South 00 degrees 33'46" East 307.41 feet to the survey base
of State Road 90 (US 41) and to the beginning of a curve concave southwesterly; thence along said
survey base line, the arc of said curve to the right, having a radius of 11,459.16 feet, a central angle of 01
degrees 15 "59.2 ", an arc length of 253.29 feet, the chord for which bears South 53 degrees 24'08" East
to the end of said curve; thence North 37 degrees 13'52' East, 50.00 feet to the northerly existing right of
way line of said State Road 90 (US 41) (per section 03010 -2116) for a Pont of Beginning; thence North
37 degrees 59 "] 1" East 20.00 feet to the beginning of a curve concave southwesterly; thence along the
arc of said curve to the right, having a radius of 11,529.16 feet, a central 52 degrees 31'25" East to the
end of said curve; thence South 37 degrees 59'l 1 " West 20.00 feet to said northerly existing right of way
line and the beginning of a curve to the left, having a radius of 11,509.16 feet, a central angel of 00
degrees 29'20.3 ", an arc length of 98.22 feet, the chord for which bears North 52 degrees 31's8" west to
the end of said curve and the Point of Beginning. Containing 1,964 feet.
14