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Backup Documents 05/24/2016 Item #16E6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP a TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU 6 original documents are to be forwarded to the County Alt rne�fl Print on pink paper. Attach to original document. The completed routing slip and 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#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 III 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 Z��' \CNA A / S`z---AV sty 4. BCC Office Board of County "ICYT- • Commissioners si4 A/ 5\2:l`kL , 5. Minutes and Records • Clerk of Court's Office s `I b a;`is!s&' 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 missin information. , Name of Primary Staff / Phone Number Contact/ Department rn i U �� d g Agenda Date Item was ''// ``-- Agenda Item Number /� _ - 49/ Approved by the BCC 6_ ' °Z I`- /Y l Com. Type of DocumentNumber of Original Attached P / k 5T /4 o kt' -.� - Documents Attached PO number or account number if document is to be recorded /G - INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applic blel 1. Does the document require the chairman's original signature? do (=it. n 2. Does the document need to be sent to another agency for additional signature? If yes, AS 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. i 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 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. . 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's 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. A 114:4 Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be arh of your deadlines! }JE[l 5w3 8. The document was approved by the BCC on, 2 ' Ler date)and all changes made t its?_a -as during the meeting have been incorporated in t a attached document. The County 11- 1;b'E; -81 Attorney's Office has reviewed the changes, if applicable. .1i"«:ihil 9. Initials of attorney verifying that the attached document is the version approved by t e Ki 4,% _} .,tet BCC,all changes directed by the BCC have been made,and the document is ready r the Hiatt^-r— BCC, a. Chairman's signature. Nth- =t11.i-- 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 1 6 E • ei•-ws„---- �� Memorandum To: Minutes and Records From: Michael Dowling L ' 7X Senior Property Management Specialist Real Property Management Date: May 26, 2016 Subject: First Amendment to Lease Agreement BCC: May 24, 2016, Item: 16 E 6 Hello All! Kindly provide me with one (1) original copy of the referenced document so that I can forward to the tenant. Please contact me at extension 8743 with any questions. Thank you. O Attachment as stated 16E6 6 E MEMORANDUM Date: May 27, 2016 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Teresa Cannon, Deputy Clerk Boards Minutes & Records Department Re: First Amendment to Land Lease Agreement w/Horseshoe Square Development Attached are one (1) original of the document referenced above (Item #16E6), approved by the Board of County Commissioners on Tuesday, May 24, 2016. The original will be kept in the Minutes & Records Department in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment Lease#GMD - 102 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this .2 / day of /1't4,t , 2016, by and between Horseshoe Square Development, L.C., c/o Pelconcept , Inc., whose mailing address is 650 15th Avenue South,Naples, Florida 34102, 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." WITNES SETH WHEREAS, the LESSOR and LESSEE have previously entered into a Lease Agreement dated January 26, 2016, a copy of which is attached hereto and hereinafter referred to as "Lease Agreement;" and WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement to revise the commencement date of the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement, which is attached herein and made a part hereof, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: 1. ARTICLE 2. (Term of Lease), is hereby amended to read as follows: LESSEE shall have and hold the Demised Premises for a term of three (3)years, commencing on February 1, 2016 May 1, 2016 and ending January 31, 2019 February 28, 2019, hereinafter referred to as the"Initial Term." * * * * * 2. 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 First Amendment and the Lease Agreement,the terms of this Amendment shall prevail. Signatures appear on the following page. 9 left r, 1 6 4- 0 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: 3- :2 X /4 HORSESHOE SQUARE DEVELOPMENT, L.C., ATTEST: By: Pelconcepts, Inc., its mana_in?, q ember a(A1(,) 1 4 filc BY: ' /()(/(.., ' 1 Antoinette Pelc, Secretary W. VINCE PEL , President AS TO THE LESSEE: b-- 0-/ i BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK,Clerk Ise 114..., B : ', BY: Attest as to C 'tt' Jerk DONNA FIALA, Chairman signature only. Approved . , tr of and legality: 41111 I\'A Jeffrey A. ow County Atto' e' Item# -=-L�lP Agenda T� , Date J��f Date Rec'd s1 A, 4�,utyJerk 0 [16-RPR-02829/1251722/1] 2 . Lease # 40 E. 6 % o 2 LEASE AGREEMENT -� -IL. r THIS LEASE AGREEMENT entered into this l day of y�A/G---4-4-- •-- , 2016, between Horseshoe Development, L.C., c/o Pelconcepts, Inc., whose mailing addres is 650 15th Avenue South, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER-COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 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 the property described as 2685 Horseshoe Square, Units 103, 104 and 105, Naples Florida, totaling 7,203 square feet, hereinafter referred to as the "Demised Premises," as shown on Exhibit 'A' which is attached hereto and made a part hereof this Lease Agreement ("Lease"), for the sole purpose of operating a government office. ARTICLE 2. Term of Lease -, LESSEE shall have and hold the Demised Premises for a term of three (3) years, commencing on ( v?)Fib y l, 2016 and ending Jaxary 4-, 2019, here,i fier referred to as the "Initial Term". _.. °. .�r�.t_ai- TraX.�4Kil v , V P _ �f LESSEE is granted the option, provided it"is-no in default of any of the terms of this Lease, to automatically renew this Lease annually following the Initial Term, under the terms and conditions as provided herein. LESSEE reserves the right to terminate this Lease, at any time following the Initial Term, by providing the LESSOR with ninety (90) days prior written notice of such termination to the address set forth in ARTICLE 14 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent, which includes Common Area Maintenance ("CAM") charges, for the Demised Premises, the sum of One Hundred Thousand Eight Hundred Forty- Two Dollars and No Cents ($100,842.00) per annum in equal monthly installments of Eight Thousand Four Hundred Three Dollars and Fifty Cents ($8,403.50) each. LESSOR acknowledges that LESSEE shall not provide LESSOR with any security deposit. 16E6 All rental payments shall be due 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 (1130th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Renewal Term Rent Following the first full year of tenancy, the annual rental amount shall increase by four (4) percent, compounded, for each ensuing year thereafter and any renewal terms thereof. ARTICLE 5. Other Expenses and Charges LESSOR shall be responsible for all costs associated with the operation and maintenance of the air-conditioning/heating, electrical and lighting systems, plumbing system, and pest control at the Demised Premises. LESSEE shall be responsible for the procurement and the payment of electric and communications utilities and those monthly charges, and janitorial services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall be responsible for any minor plumbing and electrical maintenance issues, including light bulbs and light ballasts, at the Demised Premises caused by LESSEE'S occupancy and use thereto, as well as the cost of the installation, repair and maintenance of any additional electrical outlets or power poles, other than those provided by LESSOR in the existing space, needed by LESSEE for its office configuration and operation. 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 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 response from LESSOR or its designee to 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. All alterations, improvements, and additions made to the Demised Premises shall at once, when 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 ten (10) days thereafter, if 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 complete 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 contrary to law or the rules or regulations ofany public authority. ARTICLE 7. Access to Demised Premises LESSOR, 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 examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease. 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 to any entity other than a County agency, 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. The LESSOR reserves the right to assign this Lease subject to the term of the Lease. ARTICLE 9. Insurance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out of the use, occupancy or maintenance of the Demised Premises, including loss of income. The insurance policy or policies shall contain provisions prohibiting the modification or cancellation of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto. ARTICLE 10. Claims Arising from LESSEE'S Use of Premises To the extent permitted in Florida Statute, 768.28, LESSEE shall indemnify and hold LESSOR harmless against and from any and all claims arising from LESSEE'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, and LESSEE shall further indemnify and hold LESSOR harmless against and from any and all claims arising from any act or negligence of LESSEE, its officers;a `tints, employees, guest or invitees. If any action or proceeding is brought against LESSOR by reason of such claim, LESSEE, 3 6 P upon notice from LESSOR, shall defend the same at LESSEE'S expense bycounsel reason i F satisfactory to LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or about the Demised Premises. LESSOR shall indemnify and hold LESSEE harmless against and from any and all claims arising from LESSOR'S use of the Premises, or from the conduct of its business, or from any activity, or work done, permitted or suffered in or about the Demised Premises, and LESSOR shall further indemnify and hold LESSEE harmless against and from any and all claims arising from any act or negligence of LESSOR, its officers, agents, employees, guest or invitees. If any action or proceeding is brought against LESSEE by reason of such claim, LESSEE, upon notice from LESSOR, shall defend the same at LESSOR'S expense by counsel reasonably satisfactory to LESSEE. ARTICLE 11. 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 so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause 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 12. 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 sixty(60) 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). Subject to LESSEE'S good faith effort 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 ninety (90) 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: LESSEE: LESSOR: Property Management Specialist Horseshoe Square Development, L.C. Real Property Management c/o Pelconcepts, Inc. 3335 East Tamiami Trail, Suite 101 650 15th Avenue South Naples, Florida 34112 Naples, Florida 34102 cc: Administrator, Growth Management Department 4 Z 1 6 E 6 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 as herein provided, 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 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 LESSOR. 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 where other operations share common facilities. 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 shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 19. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. (Signatures appear of the following page.) 1 6 E 6 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: 2 t` 2 V`� HORSESHOE 7��/ SQUARE DEVELOPMENT, L.C. By: Pelconcepts, Inc., its managing member ATTEST: I� //// ,1,t4,7!f 1 7/ 'l'J pe(-76.,. 0/ I V BY: V ,,, ,,,, Antoinette Pelc, Secretary W.VINCE PELC, President AS TO THE LESSEE: DATED: /— 262 /C-' BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: , _ DWIGHT)E BROCK, Clerk It' ' ,:1::,,m1 ii:? �� '/1' BY: 96w1`1-1---- 11;6-, epuy Clerk R Approved a _to fw rrri and`�legarity: , ` 0 : F 1:, *4 Jeffrey A. I atzk'w, County Attorney P 5 0 7 „ r' 16 .E 6 Exhibit `A'2685 Horseshoe Drive South Units 103,104 and 105 � ' O O O O O O , O O OCREMA:E OFFCE C.rt,c I CWiE OFFICE ORME: OFFZE : `' MIME ,. :a.�e.M o o ,.A.-7., a o - o m OFFICE IO ill,- OFEN SPACE 3SCA RA • LOy ii I'e> TOTAL AREA 7,278 sq ft - I FOR RENT 7283 SO FT i© IL ) ` 10e r' p W . CMS 9 O-4 r..m. �' OFFICE o T(} E -, -.EEE, , e CENTRAIOCE OVERED ! MR ricworo ze YrAWhR ;[ 13 ? `",L^ I M k —r + c