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Backup Documents 02/11/2014 Item #16E7 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT 40 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SI I Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#I 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. 2. 3. County Attorney Office County Attorney Office kV A_ 4. BCC Office Board of County -1- -\bcA Commissioners "3\to\t`-� 5. Minutes and Records Clerk of Court's Office . 31(0 14 11(5-priN 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 / h Phone Number Contact/ Department P/f, C Kati__ 0 I, 46 7 Agenda Date Item was Agenda Item Number __ Approved by the BCC / / - i V 6- Type of Document \ Number of Original Attached S e C 0' �,-,±-1, . //t e -e- 7— Documents Attached _ 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 appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? j,,,ti° 2. Does the document need to be sent to another agency for additional signatures? If yes, rll 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 r`;-. - by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's ,Il A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. y'`� 6. "Sign here"tabs are placed on the appropriate pages indicating where the 'CrIS---- signature and initials are required. 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 ware ofyour deadlines! 8. The document was approved by the BCC on 4f (enter date)and all changes made ilk', ; i during the meeting have been incorporated in the attached document. The County ��_, ,p^'ti i, Attorney's Office has reviewed the changes, if applicable. ii 9. Initials of attorney verifying that the attached document is the version approved by the "■•-' iil BCC, all changes directed by the BCC have been made, and the document is ready fe t e - 1::i-:,,I.,::4-tiff-.,;1_ Chairman's signature. �S:\ ,. K 1,„ tam-; I:Forms/County Forms!BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revise, ■ 05;Rev.. • 11/30/12 16E7 MEMORANDUM Date: March 12, 2014 To: Michael Dowling, Sr. Property Mgmt. Specialist Facilities Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Second Amendment to the Lease Agreement with LG Mercantile Holdings, LLC for CCSO's continued use of warehouse/office space Attached for your records is an original copy of the item referenced above (Item #16E7) approved by the Board of County Commissioners on Tuesday, February 11, 2014. The second original copy will be held on file in the Board's Minutes and Records Department for the Official Record. If you have any questions, please call me at 252-8406. Thank you Attachment License#928 SECOND AMENDMENT TO LEASE AGREEMENT 16 E 7 T I SECOND AMENDMENT TO LEASE AGREEMENT entered into this / I day of , 2014, at Naples, Collier County, Florida, by and between Collier County, a political sub(ti ision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSEE," and LG Mercantile Holdings, LLC, a Florida limited liability company established on August 3, 2009, formerly known as Domenico and Maria LaGrasta, whose mailing address is 434 Conners Avenue,Naples, Florida 34108, hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, LESSEE and LESSOR have previously entered into a Lease Agreement dated February 13, 2007 and a First Amendment to Lease Agreement dated February 10, 2009, attached hereto as Exhibit A, and hereinafter collectively referred to as the "Lease Agreement;" and WHEREAS, pursuant to Article 2 of the Lease Agreement, the lease term expires on February 14, 2014; and WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement in order to extend the lease term as set forth below. NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement and Ten Dollars ($10.00), and other valuable consideration, said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until February 14, 2015, hereinafter referred to as the "Extended Lease Term," and LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same automatically for five (5) additional one (1) year terms, hereinafter referred to as the "Renewal Terms," under the terms and conditions as provided herein. LESSEE, however, reserves the right to terminate this Lease, with or without cause, by providing LESSOR with at least sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of the Lease Agreement. Said notice shall be effective upon the date of LESSEE'S notice to LESSOR. 2. The following provision shall be added to Article 3 of the Lease Agreement: The base rent for the period of February 15, 2014 to February 14, 2015, shall be $4,532.00 per month for the Extended Lease Term and throughout the Renewal Terms. 3. Except as expressly provided herein, the Lease Agreement between Collier County, a political subdivision of the State of Florida, and LG Mercantile Holdings, LLC,for the utilization 1 / � License#928 16E7 of the Demised Premises described in said Lease Agreement dated February 13, 2007, and as amended in the First Amendment to Lease Agreement dated February 10, 2009, remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: LG MERCANTILE HOLDINGS, LLC a Florida Limited Liability Company WITNESSES AS TO BOTH: 1 Ali .. BY: /3„),44----t—__ �i' Witness (Sign.IMP DOMENICO LAG' • . A, Manager (Print Name) k BY: /� a- i 4 /F/ MARIA LAGRASTA, Manager Witness AL4h g nature) f\ thc( y Rik (Print Name) AS TO THE LESSEE: DATED: L ii / Y BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, F '1 RIDA ATTEST: / DWIGHT E. BROC „Clerk B . _ ® w TOM HENNING, CH ' AN BY: Malt . ,_ • Atte. !,� 1° ',si ature'o iyw Appro -d • , ,o. o • legality: ii it if Item# 1(12-0 4 _ A Jeffrey • ,kgenda al I-+-i 1 , County • to y Date 3-1 1,-f Recd ti %!.,4) Deputy ar 2 'y • EXHIBIT A Lease# 9'a- LEASE AGREEMENT 16E7 THIS LEASE AGREEMENT entered into this / `3 day of February, 2007, between Domenico and Maria LaGrasta whose mailing address is 506 106th Avenue North, Naples, Florida 34108, 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 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 7,000 square feet of warehouse and offices space located at 4373 Mercantile Avenue, Naples, Florida, for the sole purpose of operating a government office. 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 two (2) years commencing on February 15, 2007 and ending February 14, 2009. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same for one (1) 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, with or without cause, upon sixty 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. LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or holding rent. LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt status. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of Eighty-four Thousand Dollars ($84,000.00) for the first two (2) years of the Lease term to be paid in equal monthly installments of Seven Thousand Dollars ($7,000.00). The annual rent for all renewals thereto shall be calculated as described in Article 4 below. All rental payments shall be due and payable in advance on the first day of every calendar 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 (1/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent The annual rent for the third year of the Lease and any renewals thereto, the rent set forth in this ARTICLE shall be increased annually for the ensuing one year renewal terms in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average, all Item-Series A (1982 — 84 = 100), United States Department of Labor had increased for the preceding year. However, in no event shall the annual minimum rent be less than Eighty-four Thousand Dollars ($84,000.00) nor shall any yearly increase be greater than five (5) percent. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of D 16E7 establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. Said increase shall be provided by LESSOR in writing to LESSEE no later than thirty (30) days following the renewal term. ARTICLE 5. Other Expenses and Charges LESSEE shall pay all interior janitorial, electricity and telephone charges pertaining to the Demised Premises. LESSEE shall maintain the air-conditioning filters within the Demised Premises. LESSOR shall be responsible for all elements of the maintenance and repair of the building and the Demised Premises not stated above, including but not limited to, plumbing, electrical and air-conditioning systems, landscaping enhancements and/or replacement and irrigation, as well as waste removal, water, sewer, pest control and lawn maintenance. ARTICLE 6. Modifications to Demised Premises Prior to making any 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 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 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. ARTICLE 8. Assignment and Subletting 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 the prior expressed written consent of LESSOR. Any such assignment or subletting, even wy with consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein its the provided or from the obligation to keep and be bound by the terms, conditions and covenants of this n The acceptance of rent from any other person shall not be deemed to be a waiver of any of the Lease. this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. of ises. 2 �9 ARTICLE 9. Indemnity and Insurance 16 E 7 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 vis-a-vis. 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 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 ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE CO LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writin to the other party at the following addresses: g LESSEE: LESSOR: Board of County Commissioners Domenico and Maria LaGrasta do Real Estate Services 506 106`h Avenue North 3301 Tamiami Trail East Naples, Florida 34108 Administration Building Naples, Florida 34112 cc: Office of the County Attorney ARTICLE 15. 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 16. 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 a enc situ in Collier County, and LESSOR acknowledges that any special security measures deemed neces a for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and for involve no cost or expense to LESSEE. nd shall 3 LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the D is P"remises 7 which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. 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. Governing 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 . -.AZ .1-4 a -7 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT 1 :.BROCK, Clerk Ole B Y: 1-�.Nomow 'r // je itlie 4 pie rasa s JAMES OLETTA, Chairman signature onlN AS TO THE LESSOR: DATED: / — JO — a©0 WITNESSES AS TO BOTH: � __ B Y: ;alb 14/ r D MENICO L>AGRAST 4UPP WITNESS (signature" C&TS\<K) C._ ( R 1)-2 ; - print name , �,; BY: c� 12:4°,7 L(��(p MARIA ?, GRASTA �(�`�C WITNESS (signature) zt,,ic (--- ---7--__ ---:>-)-,__ - print name Approved as to form and 1-:al sufficiency: IA T omas C. Pal er, Assista t County Attorney 4 f.J 0 1✓ *w . ,¢ , _ 1 OigsZ ?-} 7 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this JOT'—"aay of , 2009 at Naples, Collier County, Florida by and between Collier County, a political subdivision of th- State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," and Domenico and Maria LaGrasta whose mailing address is 506 106th Avenue North, Naples, Florida 34108, hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, Collier County and Domenico and Maria LaGrasta have previously entered into a Lease Agreement dated February 15, 2007; WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated February 15, 2007, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until February 14, 2012, hereinafter referred to as the "Extended Lease Term," and LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same for two (2) additional one (1) year terms, 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, with or without cause, upon sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of the Lease Agreement. Said notice shall be effective upon actual receipt by LESSOR. 2. The following provision shall be added to Article 3 of the Lease Agreement: The base rent for the period of February 15, 2009 to February 14, 2012, shall be $4,400.00 per month. If LESSEE elects to renew this Lease as provided for herein, the annual rent shall be increased by mutual agreement by both parties for each renewal term following the Extended Lease Term, in which no single increase shall exceed five (5) percent. 3. Except as expressly provided herein, the Lease Agreement between Collier County, a political subdivision of the State of Florida, and Domenico and Maria LaGrasta for the utilization of the Demised Premises described in said Lease Agreement dated February 15, 2007, remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: J/.l„j, /0, 'I o 0 9 T WITNESS S A 0 H: BY: 0 ch'Irt- __ -Z SLw)// Witness (Signature) DOMENICO LAGRASTA 4Se 0,( 4-J.0(-4/ f (Pr Name) BY: / a., i 1 // / MARIA LAGRASTA t 4.4,44_ .1 Witness (Signature) n S CV 67J 1A). StAnc I k (Print Name) / lQ • 16E7 AS TO THE LESSEE: DATED: c2 /.4) ` 0 9 BOARD OF COUNTY COMMISSIONERS, ATTEST;t 7 COLLIER COUNTY, FLORIDA DWIGTIT E BROOK, Clerk BY: - peputy.Cler�a :1,pa- . , ,, Ate, to'pi%1 . DONNA FIALA Chairman Approved as to form and legal sufficiency: Jennifer =Belpedio, As•ista t County Attorney