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Resolution 2009-131 RESOLUTION NO. 1 31 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TEMPORARIL Y WAIVING THE CONDITIONAL USE REQUIREMENT AND AUTHORIZING THE TEMPORARY USE OF SP ACE WITHIN PORT OF THE ISLANDS HOTEL TO ACCOMMODATE THE OCHOPEE FIRE CONTROL AND RESCUE DISTRICT, WHILE A CONDITIONAL USE APPLICATION IS PENDING, AND EXPIRING ON THE EARLIER OF (A) THE OPENING OF THE FUTURE PERMANENT FIRE STATION AT PORT OF THE ISLANDS, OR (B) APPROVAL OR DISAPPROVAL OF THE CONDITIONAL USE APPLICATION. WHEREAS, Section 125.01(1)(d), Florida Statutes, provides local governing bodies with authority to provide fire protection to residents; and WHEREAS, it is necessary and in the interest of the health, safety, and welfare of the residents of Collier County to provide adequate fire protection services to the residents of Collier County, including those residents living in Port of the Islands and surrounding areas; and WHEREAS, the Ochopee Fire Control and Rescue District, a dependent special fire district of the Board of County Commissioners, plans to operate out of permanent space in the County's recently purchased Port of the Islands property, once renovations are complete; and WHEREAS, in order to provide adequate fire protection while renovations are pending, the Ochopee Fire Control and Rescue District needs a temporary location to house employees and equipment; and WHEREAS, sufficient space is available for lease at the Port of the Islands Hotel, which is immediately adjacent to the fire district's planned permanent location; and WHEREAS, under the present zoning for the hotel property (Residential Tourist (RT)), "essential services" (which includes fire services necessary for the public health, safety, and welfare) are not permitted uses and are authorized as conditional uses only, pursuant to Land Development Code Section 2.01.03.G.1.e.; and WHEREAS, based on the current dry season and recent wildfire and brush fire outbreaks in Collier County, in order to protect the public health, safety, and welfare, there is an immediate need to provide the Ochopee Fire Control and Rescue District with adequate temporary facilities during the conditional use application process, and during renovation of their future space at Port of the Islands. NOW THEREFORE, BE IT RESOLVED that the Board of County Commissioners hereby approves a temporary use to allow a fire station at Port of the Islands Hotel for the Ochopee Fire Control and Rescue District, as necessary for the health, safety, and welfare of the citizens of Collier County; and BE IT FURTHER RESOLVED, that this temporary use approval shall be conditioned on submittal of a conditional use application no later than June 26, 2009, followed by active and ongoing pursuit of conditional use approval; and BE IT FURTHER RESOLVED, that the temporary use shall expire on the earlier of (a) opening ofthe permanent location at Port of the Islands, or (b) approval or disapproval of the conditional use application; and BE IT FURTHER RESOLVED, that the Chairman is authorized to sign a lease for two hotel rooms and parking space at the Port of the Islands Hotel, to effect this approval. DATED:VVI ATTEST: DWIGHT E. ~R~~;.plerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: D'1~A'~~ By: a.uu... ~(},.( . ~l'~ fJ.. . ~2~ .' -:i ....... . .,'.':' ,,"" . ..~ -:..." d as to 't-citili.' and legal sufficiency: ... J ff E. Wright, Assistant County Attorney 2 By: Lease # LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this 26th day of May 2009, between Retreat at Port of the Islands, LLC, a Florida Limited Liability Company, whose mailing address is 6620 Estero Boulevard, Fort Myers Beach, Florida 33931, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR two (2) adjoining units, M252 and M253 in the Main Lodge Building located at the Retreat at Port of the Islands condominium, along with one (1) parking space for fire truck parking on the east side of the Main Lodge Building, as designated on Exhibit "A," and hereinafter referred to as the "Demised Premises", for the sole purpose of housing and providing parking space for LESSEE'S employees to establish a functional fire station at Port of the Islands for the Ochopee Fire Control and Rescue District, a dependent special district under the control of LESSEE. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of one (1) year, commencing on July 1, 2009, and ending June 30, 2010. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease Agreement, to renew same for one additional term of one (1) year, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease Agreement, with or without cause, upon thirty (30) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. ARTICLE 3. Permanent Site Modifications LESSOR will manage the modifications required for the site to accommodate the fire truck. The site work will require relocation of the existing Easterly Curb four feet to the east, pouring a new curb, installation of the lime-rock base in the new area, additional blacktop in the same area, and the addition of a sidewalk to allow for deliveries to the Retreat at Port of the Islands condominium hotel, as shown in Exhibit A All costs of these site modifications are to be borne by LESSEE. Returning the site to original condition will not be required. ARTICLE 4. Modifications to Demised Premises LESSOR will modify one of the two leased units by installing lower and upper cabinets, countertop, sink, faucet, associated plumbing, and two (2) electrical outlets above the counter to operate a stove top double burner and appliances. LESSEE agrees to pay for both the modifications to the unit and for the expense required to return the units to their original condition upon the end of the lease. These expenses would include, but not be limited to, removal of the kitchen, removal of the plumbing, reinstallation of the baseboard, painting of the unit, and cleaning or replacement of the carpet, based on condition. Digital pictures of the units will be taken prior to occupancy as to maintain record of condition and protect both parties. Any damage to the unit or grounds caused by LESSEE will be billed to LESSEE. A cover for the fire truck will be installed for the purposes of protection of the fire truck. LESSEE will be responsible for purchasing, installing, and maintaining the cover, subject to approval by LESSOR, and for returning the parking area to its original condition upon the end of the lease term, including removal of the cover and repair of damages to the pavement from the cover assembly that are caused by LESSEE. Prior to making any additional changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and 2 requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 5. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of thirteen hundred dollars and 00/100 Cents ($1,300.00) per month in one monthly payment. Rental payment shall be due payable in advance on the twentieth (20th) day of every calendar month, as payment for the following month, during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1/3Oth) of the monthly rental multiplied by the number of rental days of such fractional month. Lease payments should be made to: SunStream, Inc. 6620 Estero Boulevard Fort Myers Beach, Florida 33931 ARTICLE 6. Other Expenses and CharQes LESSOR is responsible for all utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, and sewer rendered or supplied thereupon or in connection with the Demised Premises. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. 3 ARTICLE 8. Assiqnment and Sublettinq LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy same without the prior expressed written consent of LESSOR Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity and Insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may. at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default bv LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. 4 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: LESSEE: Collier County Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Retreat at Port of the Islands, LLC c/o SunStream, Inc. 6620 Estero Boulevard Fort Myers Beach, Florida 33931 cc: Office of the County Attorney ARTICLE 14. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSEE. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 16. Rules of Conduct LESSEE will assume all responsibilities for the conduct of its employees. During the term of this Lease Agreement, the following "rules of behavior" will be in effect 1. Towel service will be provided two (2) times per week. .5 2. Land-based telephones will not be turned on in the units. 3. A unit inspection will be completed prior to LESSEE's arrival, including photographic documentation. Upon vacating the premises, LESSEE will be responsible for the cost of repairs due to damages to the units that are caused by LESSEE during the term of LESSEE's occupancy. 4. Use of illegal drugs on the property is prohibited. 5. Loud, disruptive, or unruly behavior will not be tolerated. 6. No personal items may be left outside the units in the corridor. 7. Use of the on-site recreational facilities is subject to posted rules and regulations. 8. No friends or families of LESSEE'S employees are permitted to stay overnight. 9. No pets are allowed. 10. No smoking in the units is allowed. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 18. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governinq Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk 6 t \'),,) . [! BY:~'_'. '~""'.c.~,. QL.. ~;'. . ". . .~. Clerk ......t,..;. at U > .~ """"'r'" ,/ ."i.:..\;/' \ ,t'"~,. ~.',:: i ~,~; ';..~~.',' i ;0 \ BY Ifl~ d~ DONNA FIALA Chairman AS TO THE LESSOR RETREAT AT PORT OF THE ISLANDS, LLC: DATED: ATTEST: , Secretary WITNESS (signature) print name WITNESS (signature) print name Approved as to form and legal sufficiency: ~~ BY:""'-.~-\ _.._. - ~ ~ _ w- David A. Lawrence, President, Sunstream, Inc., Its Managing Member 1)~v: J.. L~n:...n c. c- (CORPORATE SEAL) 7 Ochopee Fire District Parking Area I A :3: 'I ~l ,._~."____..~..._~~:.~.......~...!!J:~~L~:~}:~::SS?:~~=-::~j1r:!E:~=~:~ ~-_. 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