Agenda 01/15/2008 Item #16B13
Agenda Item No, 16B 13
January 15. 200S
Page 1 of 32
EXECUTIVE SUMMARY
,ecommendation to authorize the County Attorney to file a lawsuit to evict Maureen Moran, Inc., its
principals, affiliate entities or persons, or any combination thereof, from County owned premises identified in
Lease Agreement dated November 4,1997, including but not limited to, the pursuit of holdover rent, damages,
and costs due and owing to Collier County under the Lease Agreement and as otherwise provided by law,
OBJECTIVE: To obtain Board of County Commissioners (Board) direction to authorize the County Attorney to
file a lawsuit to evict Maureen Moran, [nc., its principals, affiliate entities or persons, or any combination thereof,
from County owned property identified in Lease Agreement dated November 4, 1997, including but not limited to,
the pursuit of holdover rent, damages. and costs due and owing to Collier County under the Lease Agreement and as
otherwise provided by law.
CONSIDERATIONS: On November 4, 1997, Maureen Moran, Inc. and Collier County entered into a Lease
Agreement (Agenda Item 16 8.3) for propcrty located within the Right-of: Way of County Road 92, Goodland for
the purposes Qf off-site parking f()r the Barge Marina at Goodland Bridge. On September 27, 2005, the Lease
Agreement (Agenda Item 10 I f/k/a 16 B.2) was amended to add a term that prevents the property from being used to
fulfill development requirements or to increase density. The Lease Agreement and First Amendment to the Lease
Agreement are part of this item. The initial ienn oflhe Lease Agreement ended on November 3, 2007. On June 23,
2004, Collier County advised Maureen Moran, Inc. in writing that the lease would not be extended past November 3,
2007. The County's letter is part ofthis item. According to the return receipt, the let1er was received December 22,
2007. As of January 2, 2008, no communication has been received from Maurecn Moran, Inc. in response to the
letter.
n December 12, 2007, Transportation staff observed a partially completed fencc on the property with a "No
frespassing sign," four large boats, lawn chairs and other personal items on the property. It also appeared that
someone may be living on a boat that is located under the Goodland Bridge. There is also a sign advertising airboat
tours and pointing under the Goodland Bridge. Photographs obtained from the December 12, 2007 site visit are
made part of this item.
On December 20, 2007, the County Attorney advised Maureen Moran, Inc. in writing that it must vacate the property
on or before January I 1,2008. The County Attorney's letter is made pati of this item.
LEGAL CONSIDERATIONS: If Maureen Moran, Inc. does not voluntarily vacate the property, an eviction is
necessary to lawfully remove Maureen Moran, Inc. from the propeliy.
FISCAL IMPACT: The approximate filing fee for an eviction action is approximately $80.00. Service of the
process of the complaint will cost no more than $70.00. The COW1ty At10rney and Transportation staff time and
resources would also be necessary to pursue the eviction action. [1' Collier County pursues a lawsuit and prevails it
may receive a judgment ordering holdover rent, damages, and costs due and owing to Collier County.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact.
RECOMMENDATION: That the Board authorize the County Attorney to file a lawsuit to evict Maureen Moran,
Inc., its principals, affiliate entities or persons, or any combination thereof, from County owned premises identified
in Lease Agreement dated November 4,1997, including but not limited to, the pursuit of holdover rent, damages, and
costs due and owing to Collier County under the Lease Agreement and as otherwise provided by law.
------~PARED BY:
Jennifer A. Belpedio, Assistant County Attorney
Page] of2
Agenda Item No. 16813
January 15, 2008
Page 2 of 32
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
-i6813
Item Summary:
ReCOITlmendation to authorize the CCJunty Attornev 10 tile" i<:lWSlIit to evict Maureen Moran
!nc Its priilclpals affiliate eniitles or persons 01 any combination thereof, fr~)rn Couniy
ol!vned premises Identified :r: L':'::i:JS0AgreelT1ent dated h!()VeITibe' 4,1997 I'-\:;Iuding but net
limite,lto, the pursuit 01 holdover rent oami.~ges and cOStS due and oWing to Coiilei' County
~iilc.ie: the ~('3::_e p_greelne;"I~ and a~; othenNlse: ("evided by- 11\:\'
Meeting Date:
'1 ::,/:!008 ~)OC.':OO /-\M
Prepared By
i::m'lif""r F. 80Ipedi..:l
hs,':,f"tar1': ~::;-uf:l:v i~,'l:()rn;:;"
~)Citc
'->:Hmty ;, tt"'"ilEY
<:cu,;ty ht 'Y''11{'Y (}fk',c
i\llllrOved B);
;(;n~::. ;:':'.1Je' .';u::::,
i'!',"<ip')r,::lt:i(l~'! :Y'/;S\'')i; _J/."jmi '~s;~niJ)r
. "clr"2'::,ponatfcn Y0f'V::: c:s
i'~;;-:r;~,p()n:3'.iD:'-' ::;';:;-,,'1 ",,'
!,-;","~',O(1g
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'\pprHv{~d By
,;2nnih~r ;\, Belnedio
PSC;lStZi~1i t,:nl'nry /\ttCH"nti)
C>~'\tG
County t;ttor1vo:,
'::Olii\ty !<H,orney C,'ffice
~,12,'2[lD8 3:: 1 PM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
1/3!2008 6:22 AM
Approved By
OMS Coordinator
Applications Analyst
Dote
Administrative Services
Information Technology
1/3/200B 12:52 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
1/3/20083:46 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
113/20084:19 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
1/5120082:54 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
file:lIC:IAgendaTestIExportI98-January%20 J 5,%2020081] 6. %20CONSENT%20AGENDA 11... 1/9/2008
Page 2 of2
Aoenda Item No 16813
v January 15, 2008
Page 3 of 32
Commissioners
County Manager's Office
1/7/20084:28 PM
file://C:\AgendaTest\Export\98-January%20 15,%202008\] 6. %20CONSENT%20AGENDA \ 1... ] /9/2008
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JamAiry 15, 2008
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LEASEAGREEMENT
THIS LEASE AGREEMENT is entered into this ~ ~ day of '7J~,
1 97, between COLLIER COUNTY, a political subdivision of the State of Florida,
hereinafter referred to as "LESSOR", and MAUREEN MORAN,INC., a Florida
caporation, hereinafter referred to as "LESSEE", and sets forth the terms and
conditions for utilization of real property located within the right of way of State Road 92,
Gcodland, Florida.
WITNESSETH
WHEREAS, the Lessor and Lessee mutually agree that it is in the best interest of both
parties to have the Lessee improve the demised premises to an aesthetic and safe
condition; and,
WHEREAS, the Lessee and Lessor mutually agree that it is beneficial to have the
demised premises improved for the use and benefit of the lessee and members of the
public; and,
WHEREAS, the Lessor recognizes and acknowledges that there is a need and benefit
to have the demised premises maintained and operated in an aesthetic and safe
fashion; and,
WHEREAS, the Lessor agrees that it is to the benefit of all of the citizens of Collier
County for such improvements to be undertaken and the cost of the construction and
maintenance thereof tq be borne by the Lessee; and,
WHEREAS, the Lessee agrees to abide by the conditions set forth herein for the
benefit of the citizens of Collier County, Florida.
NOW THEREFORE, the Lessor and Lessee agree as set forth below.
ARTICLE 1 - DEMISED PREMISES
, n consideration of the payment of rents and the performance of the covenants
hereinafter setJorth, LESSOR hereby leases to LESSEE, and LESSEE hereby leases
from LESSOR, property located within the right of way of County Road 92, Goodland,
Florida, and which is more particularly depicted on the attached Exhibit "A", hereinafter
referred to as the "DEMISED PREMISES", for the sole purpose of allowing off-site
parking for the Barge Marina at Goodland Bridge, owned by LESSEE.
,
, 1
Agenda Item No. 16813
Jal1uar~ 1 ~c ?!;l08
P'1J8(j t!f32 3
ARTICLE 2 - TERM OF LEASE
To have and to hold for a term of ten (10) years, commencing on
November 4 , 1997, and terminating on November J ,2007, LESSEE is
granted the option, provided it is not in default of any of the terms of this Lease, to
renew same for four (4) additional terms of ten (10) years under the terms and
conditions as provided for herein.
Should LESSOR require use of the site for construction staging activities as part
of bridge maintenance or repair, LESSOR shall provide LESSEE with sixty (60) days
notice of such requirement. LESSEE shall be required to make site available for such
use on an interim basis for a period of one hundred eighty (180) days. In the event
Lessor requires additional time beyond one hundred eighty (180) days to complete
construction staging activities, Lessor will grant Lessee a rent abatement for each
additional day Lessor continues with construction staging aelivities beyond the initial one
hundred eighty (180) day period During the period the Demised Premises are utilized by
the LESSOR for construction staging activities, LESSOR shall grant an interim parking
variance to LESSEE reducing LESSEE's required parking by the amount taken by
LESSOR
Unless otherwise restricted by Collier County Development Services Division or
the Board of County Commissioners as a condition of the granting of approval of off-site
parking for LESSEE, or as a condition of the approval of the Site Development Plan of
LESSEE, LESSOR may terminate this Lease at its convenience and without notice upon
sixty (60) days prior written notice to the LESSEE. Said notice shall be sent to the
LESSEE'S address as set forth in this Lease, and shall commence upon the placement
of notice in the U.S. Mail, registered or certified, postage prepaid.
ARTICLE 3 - MINIMUM RENT
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises
the sum of Two Thousand Four Hundred Dollars ($2,400.00) per annum, which is
approximately equal to ten percent (10%) of the value of the leasehold using a value of
$2.00/square foot, all of which shall be due and payable in advance on the date first set
forth in Article 2. In the event of any renewals of this Lease, Lessee agrees to pay
annual rent for the Demised Premises in the amount of ten percent (10%) of the value of
the Demised Premises based upon the reasonable square foot value calculated by
Lessor as of the date Lessee exercises its renewal option.
ARTICLE 4 - LESSEE'S DEFAULT IN PAYMENT
In the event LESSEE fails to pay the rentals, fees or charges as required to be
paid under the provisions of this Lease, failure to pay shall constitute a default and
LESSOR may, at its option, terminate this Lease after sixty (60) days written notice to
LESSEE, unless the default be cured within the notice period.
2
Agenda Item No. 16813
Jant~B ~?~ '
ARTICLE 5 - MODIFICATIONS TO DEMISED PREMISES
Prior to making any changes, alterations, additions or improvements to those
existing Appurtenances as shown on the attached Exhibit "B", which are within 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 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 thirty (30) 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. LESSEE hereby covenants to construct the initial planned improvement to the
Demised Premises not later than one (1) year from the date of execution of this
Agreement and the approval of its Off-Site Parking Petition by the Board of County
Commissioners, whichever date is later.
If after thirty (30) 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 of LESSEE. If upon obtaining written consent and commencing said changes,
alterations, additions or improvements, LESSEE fails to complete its work within the
completion time as approved by LESSOR, 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
LESSOR. No election to perform by LESSOR shall constitute waiver of any covenant or
obligation of LESSEE or any future default.
All improvements to such site shall be completed in accordance with approved
site plans and pursuant to Collier County Ordinance 93-64, as amended.
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 present and 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.
All alterations, improvements and additions to said Demised Premises shall be
made in accordance with all applicable laws and shall at once, when made or installed,
be deemed as attached to the freehold and to have become property of LESSOR and
shall remain for the benefit 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 thirty (30) days thereafter LESSOR so directs, LESSEEshall promptly
3
,';gencra l18i1 No _16813
jan'f:rh1 B 2D?i3
,- a'rj8 I of Jt
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 effect said removals and repairs at
LESSEE'S expense.
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 other than its
present use as parking to serve the uses approved for the site which the Demised
Premises are off-site parking.
t'RTICLE 6 - ACCESS TO DEMISED PREMISES
LESSOR, or its duly authorized agents, representatives and employees, shall
have the right after reasonable notice to LESSEE to enter into and upon the Demised
Premises or any part thereof at all reasonable hours for the purpose of maintaining
County Road 92 and for the purposes of inspection for compiiance with the provisions of
this Lease
.ARTICLE 7 . ASSIGNMENT AND SUBLETTING
LESSEE covenants and agrees not to assign ihis Lease or to sublet ihe whole or
any part of the Demised Premises, or to permit any other persons to occupy same
without the 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 . MAINTENANCE
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at
all times. If said Demised Premises are not kept in a clean and orderly, manner in the
opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective
action is not taken within five (5) 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 ten (10) days of receipt ofwrittel1 notice of costs incurred by LESSOR.
ARTICLE 9 . INSURANCE
LESSEE shall provide and maintain general liability and property liability
insurance policy(ies), approved by the Collier County Risk Management Department, for
not less than Five Hundred Thousand Dollars ($500,000.00) combined single limits
during the term of this Lease. In addition, LESSEE shall maintain Worker's
4
Agenda Item No. 16813
. JanuaIJ 1,s. 20Glj.
J.P~Etl of 35) \
Compensation Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state and federa/laws. The coverage shall include Employer's
Liability with a minimum limit of One Hundred Thousand Dollars ($100,000.00) each
accident.
Such insurance policy(ies) shall list 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, Building F, Naples, FL 33962, for
approval prior to the commencement of this Lease Agreement, and shall include a
provision requiring thirty (30) days prior written notice to Collier County, c/o Risk
Management Department, in the event of cancellation or changes in policy(ies)
coverage.
ARTICLE 10 - INDEMNITY
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of
which is hereby acknowledged, 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 not limited to, attorneys' fees and disbursements both at trial and 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, agent or contractors) by or no 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 (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 anyone 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.
The 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.
The 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
LESSOR or its employees.
The LESSEE hereby acknowledges that the minimum rent called for in ARTICLE
3 of this Lease has been reduced by Ten and No/100 Dollars ($10.00) and is hereby
5
'. ,
Aoenda item No. 16813
- Janl.lfryt NOO~
{all1ll1of 3L)
considered by LESSOR as payment of the obligation by LESSEE.
ARTICLE 11 - UTILITIES
LESSEE shall be responsible for the direct payment to the appropriate company
for all utilities and services supplied to 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 above, 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 (or such additional time as is reasonably
required to correct such default).
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 within thirty (30) days (or such additional time as is reasonably required to
correct such default) after notice to LESSOR by LESSEE properly specifying wherein
LESSOR has failed to perform any such obligations.
ARTICLE 14 - 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:
Board of County Commissioners c/o
Real Property Management Dept.
3301 East Tamiami Trail
Naples, Florida 33962
Maureen Moran, Inc., d/b/a
The Barge at Goodland Bridge
3200 State Road 92
Goodland, Florida 33$33
ARTICLE 15 - SURRENDER OF PREMISES
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 its earlier termination as herein provided, in as good
condition and repair as the same shall be at the commencement of the tenn 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.
6
Agenda Item r\io. 16813
1 ~nl'Jlryl~ 2008
o m.ge 1,]) of 32
Approved as to form and
legal sufficiency: <
Ja1~~/_t. ~
By: Davi c. We1g~, oun curney
Office of the County Attorney
C:\MyFiles\Barge - Collier County off-Site Parking Lease fInal Draft.wpd
9
Agenda Item No. 16813
Ja"l-'aty /-i, 20~
EOttf1of~
ARTICLE 16 - GENERAL PROVISIONS
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 the sole responsibility and cost of
LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successors 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 where other operations
share common facilities.
(a) Rights not specifically granted the LESSEE by this Lease are
hereby reserved to the LESSOR
(b) lESSEE agrees to pay all sales tax imposed on the rental of
the Demised Premises where 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 17 - ENVIRONMENTAL CONCERNS
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and
hold harmless LESSOR from and against all costs (including attomeys' fees) 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 protection of the environment.
ARTICLE 18 - 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 unit.
7
Agenda Item No. 16813
J anuc'ty 450008 3
P~e4;R,f 32
ARTICLE 19 - EFFECTIVE DATE
This Lease Agreement shall become effective upon the first date set forth in
Article 2.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands
and seals.
AS TO THE LESSOR:
DATED:" ~~ / '197
lju '}
<:::~ .... ()/
ATIE:ST: ;; i ..~ '. (c BOARD OF COUNTY COMMISSIONERS
- '~",/ - :',:"~+"':< I~ ", ~
::OWlGHt (f BROC~ Clerk
. ~~~{{:~~#~f 4~~
/ 't~r','",.' . "-
AS' ;~~~~~~~~.
STATE OF FLORIDA
COUNTY OF COLLIER
By:
Tho
, ~.,~;~.' .'; .'.: , .
'''I.,..
,7}~;;:ii'; .
(CORPORATE SEfJ.},.~'." ~~~ ~~'.;;!
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'1'~!JI!I'lIH;'I\"".
,
T~~~strument was acknowledged before me this -? .j' day of
\ .. . , 1997, by Thomas Lydon as President of Maureen Moran, Inc.
Personally Known OR 4. Produced Identification, Type of
Identification Produced c::?/ ~/~N' '/ /U"'''1
/ A Il~"'''-' ., ".
/(m
""
Agenda Item No. 16813
Januar1l1'l. <rl}8 L
Pag4 1~cI032 ;J
EXHIBIT "A"
DEMISED PREMISES
BEGINNING AT THE CENTERLINE OF CONSTRUCTION STATION 269+25,
ACCORDING TO THE FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP
(SECTION 03060-2505, SHEET 2 OF 3) FOR STATE ROAD NO. 92; THENCE
LEAVING SAID CENTERLINE, NOO'OO'OO"E, 30.32 FEET; THENCE PARALLEL
WITH AND 30 FEET NORTH OF SAID CENTERLINE, N81'42'23"E, 126.00
FEET; THENCE NOO'OO'OOnE, 45 FEET MORE OR LESS TO THE WATERS OF
GOODLAND BAY; THENCE MEANDERING ALONG THE WATERS OF GOODLAND BAY,
SOUTHEASTERLY, 140 FEET MORE OR LESS; THENCE PARALLEL WITH AND 20
FEET SOUTH OF THE AFORESAID CENTERLINE OF CONSTRUCTION,
S81'42'2J"W, 240 FEET MORE OR LESS; THENCE NOO'OO'OO'E, 20.21
FEET TO THE POINT OF BEGINNING.
1350
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Agenda Item No. 16B13
,)anuary 15 2008
Page'4 of 32
Lellse 11831
FrRST AMENDMENT TO LEASE AOREEMENT
'::7'-
1.1S FrRST AMENDMENT TO LEASE AGREEMENT entered inlo Ihis "" 7 day of
I .... .J ' ~ . 200S" ot Naples. Collier County, Florida by Ilnd between Mllureen Moran. Inc.
whose m.Di~ng address is The Barge !It Ooodland Bridge, 3200 Stale Road 92, Goodland, Florida 33933. hereinafter
referred to as "LESSEE," llna COLLIER COUNTY. a polhical subdivision of the Slate of Florh"", whose muiling
address is 3301 EllsI Tnmiami Troil. Naples, Florida 34112, hc:reinancr n~ferred (0 as "LESSOR."
WITNESSETH
WHEREAS, Collier Coul1IY and Maureen Moran. Inc. have previously enfered into IJ Lealie Agreement dated November
4,1997,
WHEREAS, the LESSOR and LESSEE Dre desirous of amending the Lellse Agreement:
NOW THEREFORE, In consideration of the covenants and ngreemenls provided wilhin !laid Lense Agreement (
und Ten Doll;lrs ($jQ,OOj and other valuable consideration, snid Lease Agreement is hereby amended as
rollows:
The following ?fovisiol\ sha1l be added to Article I of 1he Lease Agreement:
" LESSEE agrees and understnnds ihat LESSEE'S possession of the Demhied Premis.:::s is temporary in nature, ttnd
that no portion of [he Demised Premises shull be used to fulfill any development requirement of the Collier County Li'lOd
Development Code, or the Moreo rslllnd Land Development Code, imposed upon" or rnude D condition of the appravlll of
"ny developmen1 order, sile development phm or [)!lll'llled Unit Development for property locllted adjllcelli fO,Of outside
lbc boulldnrie_~ of tbe Demised Premises. induding, but nol limired [0 parking, npell space, water rnnnngclUcill,
lllndscaping. 0' required yards., Any such use of \he De-,mised Premise::., or any use of lhc Demlse,d PremilOcs ful' density
calculationS" is prohibiled ;Ind srwll be gl'Ounds fDr inllncdj,,!e !(;nninalioll of this Lease b-y LESSOR.
2. Bll.cepl as e"pressly provided herein, the Lease Agreement between Maureen Moran, lllC, and Collier County, M
political liubdivision of the State of Florida. 1'01' the udliLution of the Demised Premises described in s;lid Lease
Agreemen! da[ecJ November 4, 1997, renluills in full forc~ :md effect .uccording 10 the terms ilnd conditions contained
therein, llnd said terms and conditions ure applic3ble hereto except as elCpressly provided otherwise herein,
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment [0 Lease
Agreement the day ..nd yeur (iI'S! above written.
AS TO THE LESSOR:
DATIID:\!."\" O;:)7..z...nl'-
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ATTEST: . .~1' ro,(I;'C .
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DWIGHT E. lllWCI.<.. Clerk .' r
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BY: {):wL~j~~ (;,
A\liftt'llfl ClI' '.+;:
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BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
~w~~
rRED W. COYLE, C~AI ~AN
AS TO THE LESSEE:
DATED: 19- -I Z- () 'I
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Witness (Signature)
,INC.
BY: :7
THOMAS L YNDOt<t, P
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(Print Name)
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COLLIER COUNTY GOVERNMENT
DIVISION OF SUPPORT SERVICES
REAL PROPERTY MANAGE!vfENT DEPART1v1ENT
3301 E. T AMIAMI TRAJ1,....
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NAPLES, FL 34112 :::.
PHOl';"E (239) 774-8743 %.
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FAX (239) 774-8876 '--
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June 23, 2004
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Mr. Thomas Lyndon
Maureen Moran. Inc.
P.O. Box 12]9
Marco Island, Florida 34146
Sent via Facsimile: 394-1920
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Re: Lease #831
Barge Manna at Goodland Bndge
Dear Mr. Lyndon:
The purpose of this communication is to advise you that, following the imtiallease term of the Lease Agreement
dated November 4, 1997, Collier County will not be able to rcncw your lease as provided therein. Therefore,
the termination date of the aforementioned Lease shall be November 3,2007.
With the type of growth Collier County has experienced over the last several years, the subject parcel has been
cited for recreational purposes following the termination of your lease.
On behalf of Collier County, I thank you for being a conscientious tenant and I wish you great success with your
operation at a future location.
Please feel free to contact me at 774-8872 if you have any questions concerning this matter.
Sincerely,
\ ~
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. Micha1:1 H. Dowling
Property Management Specialist
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Copy to:
James V. Mudd, County Manager
David C. Weigel, County Attomey
Norman E. Feder, Administrator, Transportation Services Division
Jeff Walker, Director, Risk Management Department
Personal Property Supervisor, Property Appraiser's Office
Agenda Item No. 16B13
January 15, 2008
Page 16 of 32
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Agenda Item No. 16B13
January 15, 2008
Page 30 of 32
COLLIER COUNTY
DAVID C. WEIGEL
COLLIER couNTY ATTORNEY
3301 East Tamiami Trail
Naples, FL 341 12-4902
Telephone: (239) 252-8400
Facsimile: (239) 252-6300
Heidi F. Ashton-Cicko
Jennifer A. Belpedio
Ellen T. Chadwell
Colleen M. Greene
Jacqueline W. Hubbard
Jeffrey A. Klatzkow
William E. Mountford
Thomas C. Palmer
Marjorie M. Student-Stirling
Scott R. Teach
Jeff E. Wright
Robert N. Zachary
December 20, 2007
Via Us. Ref!Ular and Certified Mail
Mr. Thomas Lyndon
Maureen Moran, Inc.
P.O. Box 1219
Marco Island, Florida 34]46
Via US Ref!Ular Mail
Maureen Moran, Inc. d/b/a
The Barge at Goodland Bridge
3200 State Road 92
Goodland, Florida 33933
Re: Termination of Lease No. 831
Barge Marina at Goodland Bridge
Dear Sirs:
On June 23, 2004 you were faxed, and also sent via certified mail, a Notice that the above-
captioned Lease would not be renewed and/or extended at its tennination on November 3, 2007.
You received that Notice. You have not vacated the premises or turned over possession to Collier
County as required by law.
Under Section 83.04, Florida Statutes you are now a "holdover" tenant. Please be advised
that if possession and holdover rent are not given to Collier County on or before January II. 2008,
we will seek Board of County Commissioners' authorization to file suit against you to evict you
from the property and obtain a judgment for the appropriate holdover rent plus costs. To that end,
please also consider this letter a DEMAND under Section 83.06, Florida Statutes for holdover
rental equal to double rent, on a monthly basis, commencing on November 3, 2007 for failure to
turn over possession. This means, in accordance with the rent payment provisions of the lease, that
the $200.00 per month is currently being assessed at $400.00 per month from November 3, 2007
forward until possession is turned over to Collier County,
AJenda Ilem [\10. 16B13
January! 5,2008
Page 31 of 32
You may contact me at this office for arrangement to turn over possession and pay your
holdover rent. Please govern yourself accordingly,
Very truly yours,
~cu~~~
Jennifer A BelP~o
i\ssistant County Attorney
JAB/tb/mw
CC: David C. Weigel, County Attomey
Michael Dowling, Property Management Specialist
Norman E. Feder, Administrator, Transportation Services jJivision
Agenda Item No. 16813
January 15, 2008
Page 32 of 32
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Item 4 if Restricted Delivery Is desired.
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. Attach this card to the back of the mallpiece,
or on the front if space permits.
I. Article Addressed to:
0.,.,15 deli different from Item 1?
If YES. enter delivery address below:
o Agent
o Addressee
Dyes
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Thanas Lyndon
Maureen Moran, Inc.
P.O. Box 1219
Mar= Island, Florida 34146
3. Service Type
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o Insured Mail 0 C.O.D.
4. l1estrlcted Delivery? (Extra Fee) 0 Yes
2. ArtiCle Number (Copy from service label)
7000 1670 0003 2640 4802
PS Form 381 1, July 1999., Domestic Return Receipt
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