Agenda 01/15/2008 Item #16E 6
't.z-71T: l.jO. 16:=6
-: 5. 2003
1 of 4
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EXECUTIVE SUMMARY
Recommendation to approve a Second Amendment to Lease Agreement with
Jeanne L. Noe, as Trustee of the James R. Noe II Revocable Trust, for the
continued use of the maintenance garage and parking space on Arnold Avenue
for the Sheriff's Office, at an annual rental of $71,700.
OBJECTIVE: To obtain approval to enter into a Second Amendment to Lease Agreement with
Jeanne L. Noe, as Trustee of the James R. Noe II Revocable Trust, for the continued use of
property located at 3535 Arnold Avenue.
CONSIDERATIONS: This location has been used since 1988 by the Sheriffs Office as a
vehicle maintenance garage, vehicle retrofitting, and fueling station. Its continued use is
essential to the Sheriff's operations and is needed until the Sheriff's new fleet maintenance
facility, located at the County Barn Road Fleet Maintenance site, is completed in February,
2009.
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The amended term will extend the lease to November 30, 2008, and includes a one year
extension, The rental will be $71,700.00 for the first year, with a five percent increase in 2009.
There is a provision for the County to terminate the Lease by providing the Lessor with
advanced written notice with no penalty for the early termination, This option will be exercised
once the newly constructed Sheriffs Maintenance Facility is completed at the County Barn site.
The attached Second Amendment to Lease Agreement has been reviewed and approved by the
Sheriff's Office and the County Attorney's Office.
FISCAL IMPACT: The total annual rental of $71,70000 will be withdrawn from the General
Fund (001).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the attached Second Amendment to Lease Agreement
PREPARED BY: Michael H. Dowling, Property Management Specialist, Real Estate
Services/Facilities Management Department
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COLLIER COUNTY
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Item Number:
11::;::6
Item Summary:
F,ecommendaii:Jr: to arprove a Second ,Amsndn'i€'nt to Lease';;;:'eemenl Vmll Jeanne l..
Noe as Trustee of the James R Noe ii Revocable TrL!st. for :hE.' cont:nusd use of the
m31ntenancs ;+2:2ge and peL king S~8ce Dr .i\:-n:;id ,l\,vE:!"1L,e fe; (I'iE Sh~riffs C)ff:::;e at an
2nnLia: re!,t31 cf :;;-;""1 7~IO
Meeting Date:
'1 '-; 5/20(12 9:000C ;:'.1111
Prepared By
Michae! H. Dowling
PrCj>'Jity f/;t<,:Joement Spec.iaiist
Date
J;.,dminist,'2tive Services
~~c[;itie~. i\';i1'la;;ement
i...i':: ,.2JG7 3:3'2:4B PM
ApJlro~'('d B)"
Skip Camp, C.r.hr;.
FaGi:;:ies: hfian2f:ieme:1t ;)ir("C:tor
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Admin!strative Se:-vices
Faci!ides ManC!gement
~2:::"l '2C:37 3:tf, PM
Approved By
Toni /.,. hfi:Jtf
F:~':ai "-:)'or('~(\' S::pc,r\'is')!"
Date
Adrr:inis!.;"3trVf'Sentis,:;s
Faci.:tiE-S 1\r:Cin.?per1lSi1t
~/::';'2008 12:32 PM
Approved By
~en S::Jich:;:l 0;"':;:')
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ApP,'oved By
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Approved By
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Appro",'ed By
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SFCOND A'vfENDMENT 1 0 LEASE AGREEMENT
TillS SECOND AMENDME!\T TO LEASE AGREEMENT entered into this ..~ day of
-______.___, ~OU8 at Naples, Collier County, Florida by and between Jeanne L.
Noe, as lrustee of the James R. Noc II Revocable Trust, \vhose address is 2061 Wasatch Drive.
Sarasota, Florida 34:235, hereinafter referred to as ';LESSOR." and COLLIER COLl\'TY, a political
subdivision of the Stute of Florida, whose mailing i.iddress is 3301 East Tamiami Trail, J\aples,
Florida 3411~. hereinafter referred to as "LESSEE."
WITNESSETlf
\,\'l-IERE:\S. Collier County and Jeanne L. J\oe, as Trustee of the James R. Noe II Revocable Trust,
have previously entered into a Lease Agreement dated September L 2001, and the First Amendment
to Lease Agreement dated November 16. 20()4~
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement;
NO\}.,' 'fI-JEREFORE. in consideration of the covenants and agreements provided within said Lense
'\~r~ement datcd.Septcml:l'::r 1. 2004, and Ten Dollars (SlCi.OO) and other valuable consideration,
saiJ Lease Agreement and First Amendment to Lease Agreement are hr.'reby amended as follows:-
]. The follmving provision shall be added to Anicle 2 of the Lease /\greement:
J"his Lease is hereby extended until "\;ovcmber 28, 2008. hereinafter referred to as ''Extended
Lease Term."
LESSEE is granted the option. provided it is not in default of any of the terms of this Lease,
t(1 ren(:'w this Le:Jse for one (I) additiunal one (1) yeJr term under the same terms and conditions as
provided f(1f in the Lease d,-lled September 1,2001.
LESSEr:: shall be granted the right to H.'rminate the Lease at any time, with or \vithout cause,
by Pfo\'iding tht: nincry-dny wrillen norice of slJch u;nnination to LESSOR at the aJdress set forth in
Article ]3 oj" the I.ease dnted Septemkr 1, 1001. Said notice period shall commence upon
placement of the written notice in an ofjiciul depositor')' of the Lnill'd S13tes Post Onice, Registered
ur CerriL.cl \-biL postage prepaid. or by personal deliver')' or o\ernighl deliver')' service.
Exc~'pt as expressly prD\'idcd herem, the Lease Agreement between Jeanne L. 1\oe. 35
J"rustee of the .lame's R. :\C1C' I] Re\'oeable Trust. '-lnd Collier Counly. [l political subdivision of the
~131e of Florida. for the utili/.3tion of the Demised Premises describeu in said Lease Agreement
dated SeptclllD-.:r 1. 20U.+, remains in full fon:c and effect according to the terms ,md conditions
cOnlain(,:'d th(,:'f(:in. ,md said lL'rms and conditions arc applicable hereto ('xeept as ex;)ressly provided
c'l!-](.-,f\\,ise herein,
iN \VITNESS W! JEREOF, the LESSOR and LESSEr h;l\'C' herct(l executed this Second
:\mendmcnt 10 I,CJSC .-\grcl'mentlhe day Jnd year first above \\Titten.
,\S 'I 0 TIlE LESSEE
IJ\lLD:
ATTEST:
IJ\\'IGIIT L SIWCK. Clerk
1l0.\RD 01 CUE'!1Y COMMISSIOf\ERS.
COLLIER COU\!TY.1LORfDA
BY:
B\
Deputy Clcrh
AS TO THE LESSOR:
DATED:
Witness (Signature)
(Print l\amc)
\V'itncss (Signature)
(Print Name)
:\ppro\'ed as to form and legal sufficiency:
--uL
Thomas C. Palmer
Assistant County Attorney
BY'
JEA~l\E L NOE
as Trustee oflhe James R. Noc II RC'\'ocable Trust
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