Backup Documents 06/11/2019 Item #16C 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 C 9
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney ) 6 in \I
2. BCC Office Board of County I„J(Yl r�
Commissioners 3 *5 ' IL- _CI
3. Minutes and Records Clerk of Court's Office __--ye_
' / r/
6 )�8)/9 o4'l�i>~,
PRIMARY CONTACT INFORMATION �
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was Agenda Item Number
Approved by the BCC JUNE 11,2019 16 C 9
Type of Document Number of Original
Attached Second Amendment to Lease Agreement Documents Attached 2
Hometown Landmark LLC
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
(Initial) Applicable)
appropriate. _n N/A
1. Does the document require the chairman's original signature? S ./44
-"r
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney. N/A
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A
5. The Chairman's signature line date has been entered as the date of, C approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD
signature and initials are required. N/A
7. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on_6-11-2019 ,and all changes MD ".
made during the meeting have been incorporated in the attached document. The
County Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the ,'!% �
;# M:
BCC,all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16C9
Memorandum
ho: Minutes and Records
Clerk to the Board
From: Michael Dowling 'v
Senior Property Management Specialist
Real Property Management
Date: June 11, 2019
Subject: Hometown Landmark, LLC, Second Amendment to Lease Agreement
BCC Date: June 11, 2019
BCC Item: 16 C 9
Please retain one copy of the fully executed document for your files and return
one to me for the client.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
16C9
MEMORANDUM
Date: June 18, 2019
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: Second Amendment to Lease Agreement w/Hometown
Landmark, LLC
Attached is an original of the document referenced above (Item #16C9), approved
by the Board of County Commissioners on Tuesday, June 11, 2019.
The original is being held in the Board's Minutes & Records Department for the
Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
16C9
Lease#729
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment"), entered into this
rrn day of (c.►.-11 , 2019, by and between Hometown Landmark, L.L.C., a Delaware
limited liability company, whose mailing address is c/o Hometown America, 150 North Wacker Drive.
Suite 2800, Chicago. Illinois 60606-1610. hereinafter referred to as "LESSOR," and Collier County, a
political subdivision of the State of Florida, whose mailing address is c/o Real Property Management.
3335 East Tamiami Trail, Suite 101, Naples. Florida 34112, hereinafter referred to as"LESSEE."
RECITALS
WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated
August 2, 1989. and a First Amendment to Lease Agreement dated March 9. 2010. hereinafter referred to
collectively as the"Lease."and which are both attached hereto as Exhibit "A";
WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease to revise the extension
term. rent. rent increase rate, and sales tax: and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the
Lease. and Ten Dollars ($10.00)and other valuable consideration. the Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein:
2. The following will be added to Article 2, Term of Lease:
The Lease term shall extend to August 14. 2020,and shall automatically renew annually unless either
party terminates the Lease as provided for in Article 2 of the First Amendment to Lease Agreement.
3. The following will be added to Article 3, Rent, of the Lease:
The annual rent for the period of August 15, 2019, to August 14. 2020 (Renewal Lease Term), shall
be Three Thousand Nine Hundred Ninety-Four Dollars and Sixty-Seven Cents ($3.994.67), and shall be
paid in full by August 25. 2019. The annual rent following the first year of the Renewal Lease Term shall
be increased by three percent (3%), compounded annually, and shall be due by August 15 each subsequent
year throughout the life of the Lease. Lessee shall be entitled to a pro-rata refund based on a 365-day year
for any prepaid rent and tax should either party exercise its option to terminate, and such amount shall be
due and payable within 30 days after such termination. LESSEE shall be required to pay any and all state
and local taxes imposed on the rent amount, which is 6.7% on leased property at the time of this
Amendment.
3. Except as expressly provided herein. the Lease 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.
LESSEE'S and LESSOR'S signatures appear on the following page.
16C9
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Second
Amendment to Lease Agreement the day and year first above written.
AS TO 'HIE LESSEE:
HOMETOWN LANDMARK. LLC,
n a Delaware limit d liability company
•
DATED: 3
BY: . i / Ii
Witness (signature)
C. Mr c'?A'TN. C
1
e, Tau8
(print name, Print Name
ntness (signtune) t‘o(tca Rotor
a Print Title
(print name) y
AS TO THE LESSOR: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNT FLORIDA
DATED:ta(ketL— I� °1--4/t / 401
, CU'
Crystal K. KinzeL 6f Courts BY:
Willi:/ L. McDaniel, Jr., Chairman
n `;��v�' De Clerk
ri fest as_ta _Deputy'an S
~aat�Ire odiy
Approved as to form and legality:
OP
.tenni Belpedno, A istant County Attorney Q.
2
16C9
EXHIBIT
4111 ,
LEASE AGREEMENT
THLEASE A0REEM_NT made at Naples, Florida thisday
of , 1989, by and between the BOARD GF COUNTY COMMISSIONERS GF
COL IE (ICOUNTY, FLORIDA, hereinafter referred to as "LESSOR", whose
mailinggaddress is 3301 Tamiami Trail East, Naples, Florida 33962 and
Alagold Corporation, Ar. Alabama Corporation, d/b/a LANDMARK ESTATES,
hereinafter referred to as "LESSEE", whose mailing address is 13700
Tamiami Trail North, Naples, Florida 33963.
WITNESSETH
ARTICLE 1.
Demised Premieres
In consideration of the payment of rents and perfcrrance of the
covenants hereinafter set forth, LESSOR hereby leases to LESSEE and
LESSEE hereby rents from LESSOR, a parcel of land lying near the
intersection of U.S. 41 and C.R. 887, Collier County, Florida,
hereinafter called the "Demised Premises", and which is more
particularly described and depicted as Parcel E on the attached Exhibit
"A", which is made a part of this Lease; for the sole purpose of
providing a storage area for beats and recreational vehicles for the
•
residents of Landmark Estates. In addition, and for a period not to
exceed eighteen (18) months from the effective lease date, the LESSEE
is permitted to store and use an enclosed utility trailer hcusirg
building materials and supplies for construction within Landmark
Estates. A small quantity of brick, block and building supplies for
use solely within Landmark Estates may be stored adjacent to the
construction trailer.
ARTICLE 2. Term Qf Lease
To have and to hold for a term of ten (10) years, commencing on
August 15, 1989 and. ending August 14, 1999.
LESSEE is granted the option, provided it is not in default of any
of the terms of this Lease, to renew same for one (1) additional tern
of ter. (10) years, under the terms and conditions as provided herein,
by giving written notice cf LESSEE'S intention to renew by Certified or
Registered Mail to LESSOR not less than sixty (60) days prior to the
expiration of the leasehold estate hereby created. LESSCR and LESSEE
reserve the right to terminate this Lease, with or without cause, upon
sixty (60) days prior written notice to the other party, at the address
set forth in this Lease. Said notice period shall commence upon
placement of notice in the U.S. Mail, Certified or Registered Mail, .
Postage Prepaid.
ARTICLE 3. ?t.re
LESSEE hereby covenants and agrees to pay as rent for the Demised ••
Premises the following: •
(a) A sum of Five Thousand Dollars and 00/100 Cents ($5,000.00)
payable upon execution of this Lease'.
If LESSEE elects to renew this Lease as provided for in Article 2,
then. LESSEE hereby covenants and agrees to pay as rant for the Demised
Premises the following:
(b) A sum of Five Thousand Dollars and 00/100 Cents (55,000.00)
payable upon renewal Cf this Lease.
Any past due rental installments caused by the retroactivity cf
this Lease shall be due and payable upon the execution of said Lease.
LESSOR agrees tc reimburse LESSEE for a prorated portion of the
rent if this Lease, or its renewal thereof, is terminated by operation
of Article 2 or Article 17. Said rent proration will be made on the
basis of a 365 day year and at the rate of $1.37 per day. •
ARTICLE 4. Lessee's DefeeJlt in Pavme.r.t •
In the event LESSEE fails to pay the rentals, fees, or Charges as
required to be paid under the provisions of this Leasa, on or before
•
the due date, such failure to pay shall constitute a default and LESSOR
• may at its option, terminate this Lease after ten (10) days written
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•
notice to LESSEE, unless the default be cured within the ten (10) day
notice period. In any event, interest at the annual rate of ten (IOC
•
percent per year shall accrue against the delinquent payments until tel
same are paid. Implementation of this provision shall not preclude to
LESSOR, if it so desires, from terminating this Lease for default in
the payment of rentals, fees or charges, or from enforcing any other
provisions contained herein.
ARTICLE 5. ;dodefication of Demised Prenises
Prior to naking any changes, alterations, additions, or
improvements to the Demised Premises, LESSEE will provide tc LESSOR all
proposals and plans for alterations, improvements, changes, or
additions tc the Demised Premises for LESSOR'S written approval,
specifying the nature and extent of the.•desired alteration,
improvement, change, or addition, along with contemplated starting and
completion tine for such project. LESSOR or its designee will teen
have thirty (30) days within which to approve or deny i .siting said
request for changes, improvements, alterations or additives. If there
is no response, such request shall be deemed to be denied. If upon
obtaining written consent, LESSEE fails to either begin making said
approved changes, improvements, alterations, or additions to the
Demised Premises or fails to complete its work once begun within tee
completion time as approved by LESSOR the LESSOR may, at its election,
complete said changes, improvements, alterations, or additions. If any
costs are incurred by LESSOR as the result of LESSEE'S failure to
begin, start, or complete the proposed project and by LESSOR'S
completion of the proposed project, then upon demand and within thirty
(30) days of the demand, LESSEE shall pay to LESSOR the amount of cost
incurred by LESSCR. Any such cost incurred by LESSOR shall conss'eee e
additional rent which shall be paid within ten (10) days of receipt of
notice of said costs incurred by LESSOR. No election to perform by
LESSOR shall constitute waiver of any covenant or obligation of LESSEE
1111 or any future default.
LESSEE covenants and agrees in connection with any maintenance,
repair work, erection, construction, improvement, addition, or
alteration cf any authorized modifications, additions, or improvements
to the Demised Premises to observe and comply with all present and 1
future laws, ordinances, rules, regulations, and requirements of the
United States of America, State of Florida, County of Collier, and any
and all governmental agencies, bureaus, boards or officials.
All alterations, improvements, and additions to said Der..ised
Premises shall be made in accordance with all applicable laws and hail
at once, when made cr _:,stalled, be deemed as attached to tha freehold
and to have becone property of LESSOR and shall remain for tee benefit I
of LESSOR at the end of the terms or other expiration or termination of
this Lease in as good order and condition as they were when installed,
reasonable wear and tear excepted; provided, however, if prior to the
termination of this Lease, or within ten (10) days thereafter 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 which are designated in said
notice, and repair any damage occasioned to the Demised Premises by
such removal and in default thereof, LESSOR may affect sale removals
and repairs at LESSEE'S expense.
In the event cf making such alterations, improvements, and
additions as herein provided, LESSEE further agrees to indemnify and
save harmless the LESSOR from all expenses, liens, claims, or damages
to either persons or property arising out of, or resulting from, tee
undertaking or making of said alterations, additions, and improvements.
LESSOR agrees not to withhold its consent unreasonably for alterations
improvements, and additions.
Upon commencement of the term of tees Lease, LESSEE shall proceed
with due dispatch and diligence to open for business on the Ceeeeed
Premises and shall thereafter continuously actively and diligently
operate the business as described on the whole of tee Demised Premises
in a high grade and reputable manner, unless prevented from doing so by
fire, strikes or other contingencies beyond LESSEE'S control.
• -Page 2 of
16C9
•
•
LESSEE covenants and agrees not to use, occupy, suffer or pernit
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 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees,
shall have the right to enter into and upon the Demised Premises or any
part thereof at all reasonable hours for the purpose of examining the
same or making such repairs therein, and for the purposes of inspection
for compliance with the provisions of this Lease.
ARTICLE 7. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet
the whole or any part of the Cemised Presises, or to permit any other
persons to occupy same without the written consent of LESSOR. However,
the LESSEE is permitted to charge residents of Landmark Estates a fee
for the storage of vehicles within the Demised Premises. Any such
assignment or subletting 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 eny other person shall not be deemed to be
a waiver of any of the provisions of this Lease cr to be a consent tc
the assignment of this Lease or subletting of the Demised Premises.
An assignment for the benefit of creditors or by operation of law
shall not be effective to transfer any rights to assignee without the
written consent of the LESSOR first having been obtained.
In the event the LESSEE is a corporation, any sale, transfer, gift
or other method of disposal of over ten percent (10%) of its stock to
the same recipient, either in a single transaction or in cumulative
transactions, shall be deemed an assignment of the Lease. In the event
the LESSEE is a partnership, ar.y transfer of any partner's interest
• shall be deemed an assignment of this Lease.
ARTICLE 8. Indemnification
LESSEE, in consideration of Ten Dollars ($10.00) , the receipt and
sufficiency of which is accepted through the signing of this Lease,
covenants and agrees that it will defend, protect and save and keep the
LESSOR and its agents and employees forever harmless and indemnified
against and from any claims, suits and actions, penalty, damage,
injury, attorneys' fees, costs, or charges imposed for any violation cf
any law or ordinance, whether occasioned by the neglect of LESSEE or
those holding under LESSEE, and that LESSEE will at all times defend,
protect, indemnify, and save and keep harmless the LESSOR against and
from all claims, suits and actions, loss, injury, costs, attorneys'
fees, damage, or expense arising out of or from any act or failure to
act, or accident or other occurrence on or about the Demised Premises
causing injury to any person or personal property whor..scever and
whatsoever, during the term cf this Lease, or its renewal thereof.
LESSEE hereby acknowledges that the Minimum Rent called for in Article
3(a) of this Lease has been reduced by Ten Dollars ($10.00) and is
hereby considered by LESSEE as payment of this obligation by LESSOR.
ARTICLE 9. Insurance
The LESSEE shall take out and maintain during the course of this
Lease comprehensive general liability coverage including bodily injury
and property. damage in an amount of not less than Five Hundred Thousand
Dollars and 00/100 Cents ($500,000.00) combined single limits, or such
other amount of insurance or comprehensive general liability coverage
for Collier County to be provided by LESSEE as approved and required by
LESSOR'S Risk Management Department in the event that the herein stated
minimal insurance coverage is not commercially available. The
Comprehensive Liability Policy shall include contractual liability,
premises and operations, broad form and independent contractors
coverage.
In any event, the amount of protection afforded Collier County by
LESSEE should continually reflect a standard of coverage as required by
• the LESSOR'S Risk Management Department during the course of this
Lease. Collier County shall be listed as an additional insured on said
policy.
-?age 3 of 9-
16C9
•
All insurance policies required above shall be issued and written
with a company cr companies authorized to engage in the business of
general liability insurance in the State of Florida and authorized to
do business under the laws of the State of Florida. All insurance
policies required above shall he issued and written with a company or
companies considered acceptable by the LESSOR'S Risk Management
Department.
The LESSEE shall deliver to the LESSOR customary insurance
certificates (certificates of insurance) prior to the occupancy of the
Demised Premises, which certificates shall clearly indicate and
evidence such paid up insurance that the LESSEE has obtained insurance
with an authorized and acceptable company or companies, as defined
above, in a type, amount, and classification as required for strict
compliance with this Lease. This Lease'shall not become valid until
such time said insurance certificates, satisfactory to the LESSOR'S
Risk Management Department, are received by the LESSOR.
The LESSEE agrees to make no changes or cancellations of the
insurance without thirty (30) days prior written notice to the LESSOR.
LESSEE shall also ensure that the insurance coverage provided in
accordance with the Lease shall require that the company or companies
writing such insurance policy shall provide to LESSOR written notice of
cancellation thirty (30) days prior to the proposed cancellation. The
LESSOR reserves the right to reasonably amend the 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.
If LESSEE falls under the State of Florida Workers' Compensation
Law, coverage shall be provided for all employees. The coverage shall
be for statutory limits in compliance with the applicable state and
federal laws. The policy must include Employer's Liability with a
limit of $100,000 each accident.
• ARTICLE 10. )lo Hazardous Materials on the Demised Premises
Except for the fuel and fluids normally carried wit:,in the
internal tanks or receptacles cf the boats and recreational vehicles
stored upon the Demised Premises; LESSEE, its employees, agents,
independent contractors, guests, invitees, licensees, or patrons shall
not keep or bring upon the Demised Premises any explosives, gasoline,
kerosene, oil, acids, caustics, or any other inflammable, explosive, or
hazardous material or substance.
ARTICLE 12. 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'S manager will be sc advised in.
writing. If corrective action is not taken within ten (1C) days of the
receipt of such notice, LESSOR will cause the same to be cleaned and/or
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 ten (10) days of receipt of written notice of costs
incurred by LESSOR.
The LESSEE shall repair all damage to the Demised Premises caused
by LESSEE, its employees, agents, independent contractors, guests,
invitees, licensees, or patrons.
The LESSEE shall at its cost remove from the Demised Premises in
compliance with all applicable rules, laws and regulations, all solid,
liquid, semi-solid and gaseous trash and waste and refuse of any nature
whatsoever which might accumulate and arise from the operations of
LESSEE'S business. Such trash, waste and refuse shall be atcred in
closed containers approved by the LESSOR.
The LESSEE shall discharge all sanitary wastes into a sanitary
sewer system only. All industrial wastes shall also be discharged into
the sanitary sewer system, however, only after the following steps have
been taken:
(a) Pretreatment to insure separaticn and rccoval of all solids
and insoluble oily type materials to limits rewired by
III -Page 4 of 9-
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4111
County ordinances, or applicable rules, regulations, and
statutes. Pretreatment to insure separation and removal of
solids and insoluble hydrocarbon or oily materials,
neutralization and treatment as required by Collier County,
in a manner satisfactory to Collier County and in compliance
with present or future requirements of applicable ordinances
of these agencies having jurisdiction over, or responsibility'
for sanitary waste treatment cr prevention of pollution of
waterways, canals, streams, etc. , contributing thereto.
(b) Water which is utilized solely for the purpose of cooling,
industrial or air-conditioned equipment, etc., and which
contains no waste by-products and meets thermal discharge
requirements shall be disposed of through the storm drainage
system and not discharged into sanitary sewers.
No excavation of any of the land of the Demised Premises shall be
made. No soil or earth shall be removed from the Demised Premises and
no well of any nature shall be dug, constructed or drilled on the
Demised Premises without obtaining a: necessary permits, approvals and
written authority from LESSOR.
The LESSEE shall operate and maintain at its sole cost and expense
all the components of water, industrial, and sanitary sewage including
sanitary and industrial sewage outfall lines and storm water drainage
facilities within the boundaries of the Demised Premises.
ARTICLE 12. Defaults by Lessee
Failure of LESSEE to comply with any provision or covenant of this
Lease shall constitute a default, and except as provided for in Article
4, LESSOR may, at its option, terminate this Lease after thirty (30)
days written notice to LESSEE, unless the default be cured within the
• notice period. However, the occurrence of any of the following events
shall constitute a default by LESSEE, and this Lease shall
automatically terminate ipso facto, notwithstanding the provisions of
this Article:
(a) Abandonment of Demised Premises or discontinuation of
LESSEE'S operation.
(b) Falsification by 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, plat of arrangement or
bankruptcy petitions.
(d) Adjudication as bankrupt.
(e) Making of a general assignment for the benefit of creditor:
(f) If LESSEE suffers this Lease to be taken under any writ ci
execution.
In the event of the occurrence of any of the foregoing defaults ee
this Article, LESSOR, besides other rights and remedies it may have,
shall have the immediate right to cancel this Lease and re-enter Env.
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.
The 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 not removes within
thirty (30) days, pursuant to the Florida Mechanics Lien Law.
ARTICLE 13. 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 Nithir, sixty (60) days
410
(or such additional time as is reasonably required to correct sucn
default) after notice to LESSOR by LESSEE properly specifying Therein
LESSOR has failed to perform any such obligations.
-Page 5 of S-
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16C9
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ARTICLE 14. Notices
Any notice which LESSOR or LESSEE may be required to give to the
other party shall be in writing and shall be mailed to the other party
at the address specified on Page 1 hereof, or to the Demised Premises
if such notice is to the LESSEE, or to such other address as either
party shall have designated to the other and the time of the rendition
of such shall be when same is deposited in an official United States
Post Office or postal service depository, postage prepaid.
Notwithstanding anything herein to the ccntrary, all payments of rent,
percentage rent maintenance or other sum provided for herein to be paid
by the LESSEE shall be paid to:
Board of County Commissioners, Real Property Management
Department, 3301 Tamiami Trail East, Naples, Florida 33962-4977.
ARTICLE 15. Condemnation Clause
If the whole property of tae Demised Premeses shall be taken or
condemned by any competent authority for any public or quasi-public use
or purpose, then in that event this Lease and the term of this Lease
hereof shall cease and terminate as to the date upon which the title
shall cease and terminate as to the date upon which the title shall
vest thereby in such authority and the rent hereunder shall be
apportioned and paid up to said date in which LESSEE'S business is
materially impaired, whichever is earlier.
If only part of the Cemised Premises shall be so tai<er, or
condemned, this Lease and the term of this Lease hereof shall not cease
or terminate, but the rent payable hereunder after the date on which
LESSEE shall be required to surrender possession of the part of the
Demised Premises so taken or condemned shall be reduced proportionately
as of the date of such condemnation or date in which LESSEE'S business
is materially impaired, whichever is earlier. If the remaining portion
of the Demised Premises is not sufficient for the operation of the
• LESSEE'S business, LESSEE may cancel this Lease by notifying LESSOR
within sixty (60) days of the taking of all or a portion of the Demised
Premises. II
In the event of any such taking or condemnation in whole or in
part the entire award shall belong to LESSOR without any deduction
therefrom in the value of the unexpired term of this Lease, or for any
other estate or Interest in the Demised Premises now or hereinafter
vested in LESSEE.
Furthermore LESSEE hereby assigns to the LESSOR all its rights,
title and interest in and to any all such award or awards without any
or all rights, estate, or any part thereof. Nothing herein contained
shall be construed to permit LESSOR to make application or claims or to
receive with respect to award for moving expenses an allowance with
respect to trade fixtures and equipment belonging to LESSEE.
Any re-construction required as a result of such taking as
contemplated herein shall be at the sole cost and expense of the LESSOR
if compensated by the taking authority for said re-construction.
This Lease shall be governed by and construed in accordance with
the Laws of the State cf Florida.
ARTICLE 16. Non-DisCr:rinetior
The LESSEE in exercising any of the rights or privileges herein
granted, shall not on the Grounds of race, color or national origin
discriminate or permit discrimination against any person or croup of
persons in any manner prohibited by Part 21 of the rules and
regulations of the Secretary of Transportation. The LESSOR is hereby
granted the right to taken such action, anything to the contrary herein
notwithstanding, as the United States may direct to enforce this
non-discrimination covenant.
The LESSEE assures that it will undertake an affirmative action
program as required by 14 CFR Part 152, Subpart E to insure tnat no
person shall on the grounds of race, creed, color, national origin, or
sex be excluded from participating in any employment activities covered
in 14 CFR Part let, Subpart E. The LESSEE assures that no person shall
4111 -Page 6 of 9-
16C9
•
be excluded on these grounds from participating in er receiving the
services or benefits of any program or activity covered by this
subpart.
The LESSEE assures that it will require its covered
suborganization to provide assurances to the LESSEE that they similarly
will undertake affirmative action programs and that they will require
assurances from their suborganizations, as required by 14 CFR Part 152,
Subpart E, to the sane effect. The LESSOR is hereby granted the right
to take such action, anything to the contrary herein notwithstanding,
as the Federal Government nay direct to enforce this non-discrimination
covenant.
ARTICLE 17. Road Realignment or Rerouting
LESSEE covenants and agrees to deliver and surrender to LESSOR
possession of the Demised Premises and any improvements to the Demised
Premises upon the request of the LESSOR if the Demised Premises are
needed for the purpose of realigning or re-routing U.S. 41 or C.R. 887.
LESSOR shall provide LESSEE with a sixty (60) day prior written
notice of its intention to exercise this Article at the address set
forth in the Lease. Said notice shall commence upon placement of
notice in the U.S. Mail, Certified or Registered Mail, Postage Prepaid.
ARTICLE 18. Surrender of ?remises
LESSEE covenants and agrees to deliver up and surrender to LESSOR
possession of the Demised Premises and any improvements to the Demised
Premises upon expiration of this Lease, or upon the request of LESSOR
as provided for in Article 17, or its earlier termination as herein
provided, in as good condition as the same shall be at the commencement
of the term of this Lease or nay 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 19. General Provisions
LESSOR shall not be required to furnish the LESSEE any facilities
or services of any kind whatsoever during the tern of this Lease, such
as, but not limited to, water, electricity, light and power, gardening
and outdoor maintenance. All utilities and services, including initial
hookups of water, septic and electricity shall be the responsibility of
the LESSEE. LESSEE shall be responsible for the direct payment to the
appropriate company for all utilities and services supplied to the
Demised Premises. When such utilities and services are available
LESSOR may require LESSEE to hook up to public water and sewer lines at
LESSEE'S expense. LESSOR shall not be required to make any
alterations, rebuildings, replacements, changes, additions,
improvements or repairs during the term of this Lease.
LESSEE fully understands that the police and law enforcement
security protection provided by law enforcement agencies for the above
referenced Demised premises is limited to that provided to any other
business or agency situated in Collier County, and acknowledges that
any special security measures deemed necessary for additional
protection of the Demised Premises shall be tie sole responsibility and
cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE
further agrees that:
(a) LESSEE expressly agrees for itself, its successors and
assigns, to prevent any use of the Demised Premises wr.ich
would interfere with or adversely affect the oeeration or
maintenance of U.S. 41 and C.R. 887, or otherwise constitute
a road hazard.
(b) No repairs or maintenance shall be performed on any boat,
vehicle, or any other device while it is situated on the
Demised Prer.isCS.
(c) Rights not specifical_y granted the LESSEE by this Lease are
hereby reserved to the LESSOR.
-Page 7 of 9-
•
16C9
• •
(d) LESSEE agrees to pay all sales tax imposed on the rental of
the Demised Premises where applicable under law.
(e) 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 20. eeimbursenert
All terms, covenants, and conditions herein contained to be
performed by LESSEE shall be perforred at its sole expense and .f
LESSOR shall pay any sum of money or do any act which requires the
payment of money, by reason cf the failure, neglect or refusal of
LESSEE to perform such term, covenant, oc condition, the sum of noney
so paid by LESSOR shall be payable by LESSEE to LESSOR with the next
succeeding installment of rent.
ARTICLE 21. gxistinc Easements and Zoning
LESSEE is renting the Demised Prenises subject to all existing
easements. LESSEE agrees that it shall not do do anything that may
interfere with any easements that encumber the Demised Premises. In
addition to ether easements that may be depicted on Exhibit "A", LESSOR
reserves an excleeive road right-of-way easement across the easterly
seventy-five feet (75') of the Demised Premises.
ARTICLE 22. eendscaoinq
LESSEE covenants and agrees to prevent the Demised Premises from
becoming an eyesore. LESSEE also agrees to comply with LESSCR's
requests to provide additional landscaping and/or install fencing so
that LESSEE's use of the Demised Premises is cot overtly noticeable
from adjacent properties and thoroughfares.
. ARTICLE 23. No Implied Amoroval of LESSEE's Use
The execution of this Lease by LESSOR shall not be construed by
LESSEE as a substitute for, or exemption from, those licenses or
permits that may be needed by the LESSEE for its contemplated use of
the Demised Premises, nor exempt the LESSEE from the requirements of
state or local laws. LESSEE acknowledges that LESSOR'S execution of
this Lease does not constitute an approval or disapproval of LESSEE's
contemplated use of the Demised Premises. LESSEE further agrees and
acknowledges that it is solely responsible for obtaining all licenses
and permits that may be required for its contemplated use of the
Demised Premises.
ARTICLE 24. Effective Date
This Lease shall become effective upon execution of same by all
parties hereto.
IN WITNESS Wee REOE, the LESSOR and LESSEE have caused this Lease
Agreement to be signed upon the day and year first written atcvc.
AS TO LESSEE: 1 LESSEE:
DATED: .i1 a/F1't Alago'• Ceeeor tion,
ATTEST: An • 4 • rnA or ration,
d/b . 1 ` ND;1ARK STATES
BY:
,Secretary K. _ SHI:::AUM, Vice Presicent
WITNESS (Cor3orate Sealy
//..�< /- '.'.. C r
• W I'TNES S
it
-Page 9 of 5-
• 1609
•
AS TO THE LESSOR: LESSOR:
DATED:&� L�.� vo ,/977
ATTEST:
JAMESC.,• ILES, Clerk BOARD OF COUNTY COMM,ISSIONERS,
•
�! COLLIE OUNT , F A
/ // ✓ URT L. SAUNDERS, Chairman
Approved as to form and
legal sufficiency:
/
'avid C. Weigel (r7
Assistant County Attorney
-Page 9 of 9-
•
•
I6CExhibli9
-crib rage 1 of 1
N f`•" LEGAL U SCR1I'T:uN
PARCEL F. ✓
Commence at the Hest Is corner of Section 15, Township 68 South, Range 25
+g;,f.;, East, Collier County, Florida, thence clang the Hest line of Section 15
N. 0' 58' 53" w 709,46 feet, thence N 89' 01' 07" E 6.88 feet to a
point
on the Easterly right-of-vay line of new tit 45 (Section 03010-2519)
Chence N 88' O7'
51" -e 77.45 feet to the paint of curvature of • non-
"‘, tangential curve to the right, thence along the arc of sold 179.10 fact
:At:<' % and having a radius of 5754.06 feet end being subtended by a chord of
179.09 feet and a chord bearing of N 13' 42' 40" E to the POINT OF FECZN-
• '• MING of the parcel of lnnd hereinafter described, thence continuing
at' 'along said curve to the right an arc distance of 373.22 feet, a radius
.of. 5754.06 feet, and being subtended by a chord c.` 373.16 feet and a
' chord bearing of N 16' 13' 55" E to a pciat on the Southerly right-o_'-way
:f• : lird of CF 887, said point also being the point of curvature of a non-
tangential curve to the left, thence nien0 the are of said curve 209.68
4 -:;feet. and having a radios of 25C.00 (cot, end being snttended by a chord
• . of 206.56 feet and a chord beerl::g of N 39' 20' 17" E to the paint of
-;o•' tangency, thence along said Southerly ,right-of-way line of CS 987, N 22'
• 10' 32" E 176.55 feet to a point on the Easterly right-of-way line of Old
SR•45 (Section 03010-250), said point being the point of curvature of a
.1'-; nor.-tangential curve to the left, thence along said Easterly right-of-way
f•
line and the arc of ea:: curve 715.53 feet, and having a' radius of
( 5679.06 feet, and being subtended byfeet�'. a chord of 7.5.35 and a chord
bearing of S 18' 16' 33" W, thence S 88' 07' O6" H 78.19 feet ea the
pFOINT.OF 1ECINNINC.
Containing 32,431 square feet and being subject to a utility
easement located on the Easterly 20 feet, and being subject to
s •
-.exclusive easement to Collier County Utilities Division located on the
iiesterly.15 feet of the Easterly 35 feet of the above described parcel.
•
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16C9
•
ASSIGNMENT OF LEASE LPase :t729
This Assignment of Lease is dated this //)6f• of ,zeax'sby and
between Alagold Corporation,an Alabama Corporation,d/b/a dmark Esta ,hereinafter referred to as
"Assignor",and Hometown Landmark LLC,hereinafter referred to as"Assignee'. hi consideration of the
sum of Ten Dollars($10.00)and other good and valui.-tqe consideration paid on this day,Assignor hereby
assigns all its rights, interest and obligations in that c-rtain Lease A,g eemenc dated August 2. 1989, by
and between Assignor as Lessee and the Board of Cot:nr;Cyrmisstorers of Collier County, Florida,as
Lessor,to Assignee.
Assignee, being Hometown Landmark =:.C,cu-s hereby agree to assume all nghts, interest and
obligations of Lessee under said Lease.
IN WITNESS WHEREOF,the parties have executed this Assignment the date first written above.
WITNESSES: ASSIGNOR.
ALAGOLD t 0' 'ORATION,an Alabama
� // Copo •n, b!• LANDMARK`` ESTATES
'dill! ,Ile" BY: `L .i.L1.
(Signature) •
fi4E° M l/ a4, TITLE. k
____
(print or type name)
W.�9,j inl I_ DATE EXECUTED VlICII\
(S,iiagtyre) 4'. ,.1
Ill f ,ICA L r we t>
(print or type name)
WITNESSES: ASSIGNEE:
HOMETOWN L• ' a MARK LLC
`, •
Aw ,: B( `�_ . �/ 41 LLC, its managingri
v'l t�-i�- _ member i
(Signature) �'BCtr r1 r e e C tt.b t
KIM�eg.L.Y YAI O P \L TITLE: 4„�,.f-
(print or type name)
cii.tw ,
DATE EXECUTED: coo/9p_
(tgnatureV
.Sl,ti+'ay Y. $l. i#)
(print or type name)
Consented to this (]tt. day of 1 ,2 024.
ATTEST: JAN 1
1
2000 ROAR()OF COUNTY COMMISSIONERS
DATFD: _ COLLIER COUNTY.FLORIDA
DWIGHT E.BROCK,Clerk
1etAr-,om/,v .Deputy Clerk
ttttintt
Attest as to thatre041 /
• s I9nature only. /
Approved as orm and legal sufficiency:
...------
1"-
Heidi F.As n,Assistant County Attorney
i6C9
Lease#729
•
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT("Amendment") entered into this
day of M(kQ_C1G, as 'v) (effective as of August 14, 2009), by and between Hometown Landmark,
L.L.C., a Delaware limited liability company, whose mailing address is c/o Hometown America, 150
North Wacker Drive, Suite 2800, Chicago, Illinois 60606-1610, hereinafter referred to as '`LESSEE",
and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East
Tamiami Trail,Naples. Florida 34112, hereinafter referred to as"LESSOR."
RECITALS:
WHEREAS, Lessor and Lessee's predecessor in interest, Alagold Corporation, entered into a
Lease Agreement dated August 2, 1989,a copy of which is attached; and
WHEREAS, Lessee assumed all rights, interests and obligations of this Lease Agreement by an
Assignment of Lease dated January 11, 2000, a copy of which is also attached; and
WHEREAS, the term of the Lease Agreement expired August 14, 2009; and
WHEREAS, the parties wish to extend the term of the Lease Agreement on the terms and
conditions set forth below.
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
Lease Agreement is hereby amended as follows:
1. Lease Extension Term. Article 2 of the Lease Agreement is hereby amended to provide
that the Lease will expire August 14, 2019. There is no option to renew the Lease Agreement by either
party.
2. Option to Terminate. Either party shall have the right to terminate the Lease at any time,
with or without cause, by providing the other party with at least ninety days' prior written notice of
such termination at the address set forth above. This notice period shall commence upon placement of
the written notice in an official depository of the United States Post Office, Registered or Certified
Mail, postage prepaid, or by personal delivery or overnight delivery service.
3. Rent. The annual rent for the period of August 15,2009 to August 14,2010 shall be Two
Thousand Five Dollars ($2,500.00), which shall be paid in full within ten days from acceptance of this
Amendment by Lessor and delivery of a fully executed counterpart to Lessee. The rent for each year
following the first year of the renewal term shall be increased by five percent (5%), compounded
annually, and shall be due on or before August 15 of each subsequent year throughout the extended
• term of the Lease and to any further extensions thereto. Lessee shall be entitled to a pro-rata refund of
this prepaid annual rent should either party exercise its option to terminate, such amount shall be due
and payable within 30 days after such termination.
Page 1 of 2
NT i.Lan9nwrk _„-,_
16C9
4. Except as expressly provided herein, the Lease Agreement remains in full force and
effect according to the terms and conditions contained therein. If there is a conflict between the terms
of this Amendment and the Lease Agreement dated August 2, 1989, the terms of this Amendment shall
prevail.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE: HOMETOWN LANDMARK, L.L.C.
DATED: t\/'lock
By:
Witness(signal re) (J Gregory A. O'Berr
President
id Y Cela C;(16
(print name)
hA1 ♦AAILV
nes (sign t re)
•
(print name)
AS TO THE LESSOR:
DATED: /71,4-rell '-'1‘)/ BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST: •,,
DWIGHTClerk (�
BY
,: � Q FRED W. COYLE, CHAIRMAN
By: t kikm- , . `. 4 iuty lerk
•
Approirrit. . 4
and legal sufficiency:
)ennife . White, Assistant County Attorney
•
Page 2 of 2