Agenda 09/27/2016 Item #16D17 16.D.17
09/27/2016
EXECUTIVE SUMMARY
Recommendation to approve a Second Amendment to the Collier County Senior Resource Center
Ground Lease.
OBJECTIVE: In order to allow the Collier County Senior Resource Center to continue its operation for
the senior community of Collier County, an extension to the existing lease is required.
CONSIDERATIONS: The board approved a Ground Lease (Lease) with Collier County Senior
Resource Center (Senior Center) on July 28, 2009, and a First Amendment to that Lease on October 8,
2013, in order for the Senior Center to utilize approximately one thousand square feet of the former
library in Golden Gate City until such time that it would construct its own facility upon the subject
County-owned property.
At this time, the Senior Center is unable to fund the construction project and has asked to utilize the
existing structure for the continued use of its operation. The Senior Center has requested an initial three
year term with a three year renewal, during which time, the Senior Center would continue its efforts to
obtain a building permit in order to construct a facility. Either party has the right to terminate the lease by
providing the other party with sixty-day written notice.
There is no annual rent charged the Senior Center since its program assists the community. Pursuant to
the terms contained in the Memorandum of Understanding between the Senior Center and the County
dated December 9, 2014, the County will continue to reimburse the Senior Center on a quarterly basis for
a portion of its utility costs, in an amount not to exceed one hundred dollars.
FISCAL IMPACT: The County's pro rata payment to the Senior Center is budgeted within the Human
Services Grant Fund.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires majority vote
for Board action. -JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes it's
Chairman to execute the attached Second Amendment to Collier County Senior Resource Center Ground
Lease.
Prepared by: Michael Dowling, Sr. Property Management Specialist Facilities Management Division
ATTACHMENT(S)
1. Senior Resource Center Second Amendment to Ground Lease (PDF)
Packet Pg. 1349 I
16.D.17
09/27/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.17
Item Summary: Recommendation to approve a Second Amendment to the Collier County Senior
Resource Center Ground Lease.
Meeting Date: 09/27/2016
Prepared by:
Title: Property Management Specialist, Senior—Facilities Management
Name: Michael Dowling
09/09/2016 11:29 AM
Submitted by:
Title: Division Director-Facilities Mgmt—Facilities Management
Name: Dennis Linguidi
09/09/2016 11:29 AM
Approved By:
Review:
Facilities Management Dennis Linguidi Level 1 Add Division Reviewer Completed 09/09/2016 12:31 PM
Facilities Management Toni Mott Level 1 Add Division Reviewer Completed 09/09/2016 12:42 PM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 09/09/2016 4:01 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 09/13/2016 11:41 AM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/13/2016 3:36 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 09/14/2016 10:03 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/14/2016 11:28 AM
Budget and Management Office Ed Finn Level 3 OMB 1st Reviewer 1-4 Completed 09/14/2016 12:26 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/18/2016 10:01 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/27/2016 9:00 AM
I Packet Pa. 1350
16.D.17.a
Lease#PS-126
SECOND AMENDMENT TO
COLLIER COUNTY SENIOR RESOURCE CENTER
GROUND LEASE
THIS SECOND AMENDMENT TO COLLIER COUNTY SENIOR RESOURCE CENTER
GROUND LEASE (Amendment) entered into this day of , 2016, at
Naples, Collier County, Florida, by and between Collier County Senior Resource Center, Inc., a not-for-
profit Florida Corporation, whose mailing address is 4755 Tarniami Trail North, Suite 140, Naples, E
Florida 34103, hereinafter referred to as "LESSEE", 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"LESSOR";
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WITNESSETH 2
WHEREAS, LESSOR and LESSEE have previously entered into a Collier County Senior Resource
Center Ground Lease ("Lease") dated July 28, 2009, and a First Amendment to Collier County Senior `o
Resource Center Ground Lease dated October 8,2013; and a)
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WHEREAS, the LESSOR and LESSOR are desirous of amending that Lease to provide for two rn
additional three year terms and remove rent requirement and reference County's reimbursement of
utilities as provided by Memorandum of Understanding between LESSOR and LESSEE dated
December 9, 2014.
NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Lease
dated July 28, 2009, and Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby
amended as follows: e
1.) Article 2.1 the Lease, which is attached hereto and made a part hereof this Amendment, is
hereby amended as follows:
This Lease shall be for a term of three years commencing on the date this Amendment is
executed by the LESSOR (Initial Lease Term), and shall automatically renew for two additional three
year terms following the Initial Lease Term. LESSOR and LESSEE, however, shall have the option to c
terminate the Lease by either party providing written notice to the other party at the addresses set forth
above, within sixty-days in advance of the intended termination date.
During the Initial Lease term, if LESSEE obtains a building permit in order for LESSEE to
construct its intended improvements at the Demised Premises, as outlined in the Ground Lease
Agreement dated July 28, 2009, LESSEE shall immediately provide LESSOR with a copy of said
permit. The issuance date of the building permit shall determine the commencement of the Lease Term
as referred to in the Ground Lease Agreement dated July 28, 2009. From that date, LESSEE shall
occupy the Demised Premises, as described in the Lease, for a term of thirty(30)years, and shall adhere
to the terms and conditions set forth in the Lease Agreement dated July 28, 2009. Additionally, the cn
LESSOR agrees to offer the LESSEE the right to renew the Lease, if LESSEE is not in default of any of
the terms and conditions of the Lease or this Amendment, for an extended ten-year period at the end of
the Initial Term and three additional renewal offers of ten years each thereafter.
If LESSEE is unable to obtain a building permit after the Initial Lease Term, and LESSEE
should desire to remain at the Demised Premises for an extended term, the parties may renegotiate for
an amendment to extend the term set forth herein.
I Packet Pg. 1351 I
I6.D.17.a
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Suite 101,Naples_, Florida 31112.
LESSOR shall reimburse LESSEE on a Quarterly basis for a portion of LESSEE'S monthly
utility expenses as set forth under the Memorandum of Understanding between LESSOR and LESSEE
dated December 9, 2014, which is attached hereto and made a part hereof this Amendment.
2.) Except as expressly provided herein, the Lease remains in full force and effect according to the
terms and conditions contained therein, and said terms a conditions are applicable hereto except as °;
expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Second
Amendment to Collier County Senior Resource Center Ground Lease the day and year first above
written.
AS TO THE LESSEE: COLLIER COUNTY SENIOR RESOURCE CENTER, Inc., a)
a Florida not-for-profit Corporation
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BY:
Witness(signature) JAMES BARTON, President
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Witness (signature)
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AS TO THE LESSOR:
DATED: BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST: y
DWIGHT E. BROCK, CIerk BY: cc
DONNA FIALA, Chairman `o
BY:
Deputy Clerk
Approved as to form and legality: E
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Jennifer A. Belpedio 0,
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Assistant County Attorney
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I Packet Pg. 1352 I
• 16.D.17.a
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COLLIER COUNTY SENIOR RESOURCE CENTER
GROUND LEASE a
THIS LEASE is made and entered into this S day of ,2009, by and between
COLLIER COUNTY, a political subdivision, herein referred to as "Lessor", and COLLIER a,
COUNTY SENIOR RESOURCE CENTER,INC.,a not-for-profit Florida corporation, herein
referred to as "Lessee". a,
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In consideration of the mutual covenants provided herein and other good and valuable 0
consideration, the parties agree as follows:
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ARTICLE I.DEMISE OF LEASED LAND a
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1.1 Lessor for and in consideration of the rents, covenants and conditions herein ••
contained to be kept, performed and observed by Lessee, does lease and demise to Lessee, and
Lessee does rent and accept from Lessor,the real property,referred to as"Leased Land"described an
in Exhibit"A",attached hereto and incorporated herein by reference. Said Leased Land is located
in Lessor's government complex located at the intersection of Golden Gate Parkway and Coronado N
Blvd,Collier County,Florida and is immediately adjacent to the Golden Gate Public Library. Upon
the commencement of the Lease Term as provided below,Lessee may commence demolition of the
existing structure on the Leased Land upon receipt of applicable demolition permits. c
1.2 Lessee,Lessee's employees,agents,clients,customers,invitees and the general °
public patronizing the Senior Resource Center of Lessee, shall be entitled to park in the public
parking spaces located in the Golden Gate Government Complex and shall have ingress and egress °
in common with the general public throughout the public driveways,walkways and parking areas E.
of the Golden Gate Government Complex. E
1.3 Lessor hereby represents and warrants that Lessor is the owner in fee simple m
absolute of the Leased Land subject to covenants, conditions, restrictions, easements and other Q
matters of record.
1.4 Lessor covenants and agrees that Lessee,on keeping the covenants,conditions 0
and terms of this Lease on Lessee's part to be kept or performed, shall lawfully and quietly hold, a,
occupy and enjoy the Leased Land during the term of this Lease without hinderance or molestation
by Lessor or any person claiming under Lessor. c
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ARTICLE 2.LEASE TERM a,
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2.1 This Lease shall be for a term of thirty (30) years, hereinafter referred to as
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"Lease Term." Said Lease shall commence on the day that a building permit is pulled for the •
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construction of the improvements by Lessee as provided for herein. Additionally,the Lessor agrees o
to offer the Lessee the right to renew this Lease for four(4)additional fifteen(15)year periods at
the end of the above-referenced 30 year Lease Term. The Lessee agrees to pay the Lessor the sum cn
of One Hundred Dollars ($100.00) per year during the term hereof, payable annually on the
anniversary date of this Lease which amount shall be rendered to the Lessor at Board of County a,
Commissioners,do Real Property Mgt.Dept., 3301 Tamiami Trail East,Building W,Naples,FL E
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Packet Pa. 1353
16.D.17.a I
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33962. All of the covenants and conditions contained within this Lease will apply to any renewal c
period. a)
2.2 If Lessee shall hold over after the expiration of the Lease Term, such tenancy c
shall be from month to month under all of the terms,covenants and conditions of this Lease subject, m
however,to Lessor's right to seek legal relief to eject Lessee from the Leased Land as a holdover. Q
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ARTICLE 3.LESSOR OBLIGATIONS c
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3.1 Lessor shall make available existing sewer and potable water lines to the said
Leased Land. Lessee shall pay and discharge as they become due,promptly and before delinquency, y
all impact fees,if any,monthly utility fees,license fees,permits,levies,excises whether general or cuce
special,ordinary or extraordinary,of every name,nature or kind whatsoever on or against Lessee. o
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3.2 All persons to whom these presents may come are put upon notice of the fact that m
the interest of the Lessor in the Leased Land shall not be subject to liens for improvements made
by the Lessee and liens for improvements made by the Lessee are specifically prohibited from rn
attaching to or becoming a lien on the interest of the Lessor in the Leased Land or any part of either.
This notice is given pursuant to the provisions of and in compliance with Section 713.10,Florida a
Statutes. coa
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ARTICLE 4.USE OF PREMISES c
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4.1 Lessee shall have the right to use the Leased Land only for the purposes C7
specifically referenced herein. It is understood and agreed that the primary purpose of Lessee for .2
the use of the Leased Land is to construct,operate and maintain an approximate 11,000 square foot c
building as a Senior Resource Center(the"Facility")for uses commonly and normally associated CD
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with a Senior Resource Center (a non-profit organization that works in partnership with older .a
persons and the community to provide centralized and coordinated service,information,education m
and leadership helping to assist seniors in maximizing their independence and personal dignity)and E
other library uses as determined by Lessee and agreed upon between Lessee and the Collier County Q
Public Library(including,but not limited to:meeting/multi purpose room(s)for various programs; lc
adult literacy program;classrooms including computers for seniors;equipment and library for the o
blind;volunteer coordinator; 211 services program offices; senior resource area with periodicals, in
reading tables,chairs,Book Sale room and reception area;medical-dental clinic).
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4.2 Subject to provisions contained in the operations plan described in Paragraph 8.2 c
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below, Lessee shall have the exclusive right to use the Leased Land and any improvements v
constructed thereon by Lessee during the term of this Lease. During the term hereof, Lessee may, ao
in its sole discretion,improve,alter,maintain,or renovate the improvements constructed by Lessee L.
on the Premises. Any such work may be undertaken by Lessee at any time or times during the term o
hereof and no consent or approval of Lessor shall be required unless such work consists of major m
alterations from plans and specifications originally approved by Lessor as more fully provided for ce
herein. Lessor agrees to co-operate with Lessee in connection with such construction and agrees to c
execute any documents required by governmental authorities evidencing Lessee's rights hereunder 'c
and consenting to such work. During the term of this Lease,Lessee may erect signage on the Leased N
Land and the improvements constructed by Lessee thereon,designating same as a Senior Resource ..
Center. Such signage may include the name or names of donor sponsors of Lessee. Any such c
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ilI Packet Pa. 1354
• 16.D.17.a k
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signage shall be in compliance with all applicable codes and ordinances. c
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4.3 In the event Lessee shall cease to use the Leased Land for the purposes described E
in Section 4.1 above, and such cessation of use shall continue for a period of sixty (60)days, this m
Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee, shall be E
terminated and Lessee shall surrender and vacate the premises to the Lessor within Thirty(30)days
after notice of such termination. Provided,however,said sixty(60)day period shall be tolled if such Cr)
cessation is caused by events beyond the control of the Lessee such as Acts of God or if such c
cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on the 0°
Leased Lands. Additionally,if this Lease is terminated by Lessor pursuant to this provision and the a)
Friendship Health Center (f/k/a Senior Friendship Center of Collier County) (or it's designee) L
continues to operate a medical/dental clinic in the building constructed by Lessee on the Leased o
Land as described in Paragraph 8.1 below, this Lease will not terminate as to Friendship Health N
Center(or it's designee)and Lessor agrees to enter into a lease with Friendship Health Center(or re
it's designee) for the space it occupies in the building under the same terms and conditions as c
provided for herein as modified to reflect the use of Friendship Health Center(or it's designee)of •E
only a portion of the building. 0
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ARTICLE 5.ENCUMBRANCE OF LEASEHOLD ESTATE
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5.1 Lessee shall not encumber,by mortgage or other security instrument,or by way m
of assignment,or otherwise,Lessor's or Lessee's interest under this Lease and the leasehold estate
hereby created for any purpose without the consent of Lessor,which consent may be withheld in the c
absolute discretion of the Lessor. 0
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ARTICLE 6.CONSTRUCTION,REPAIRS AND RESTORATION;MAINTENANCE; 49
UTILITIES AND INSURANCE c
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6.1 The plans,specifications and building design for the Lessee's improvements to ,0,
be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying E
for a building permit for improvements to the Leased Land,Lessee shall submit to Lessor for its Q
approval such plans and specifications necessary to obtain a building permit for Lessee's intended c
improvements. Lessor shall have twenty one(21)days after receipt of any submittal by Lessee to 0
review Lessee's submitals and provide a written response as to whether the submittal is approved
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as submitted,not approved as submitted,or Lessor may provide Lessee with requested changes. If
the submittal is not approved or if Lessor requests changes,Lessee shall submit revised plans that m
will meet with Lessor's approval or incorporate the requested changes into the plans. If Lessee a
determines not to revise its plans then Lessee may terminate this Lease. Lessee may make non- c.)
material changes to the approved plans from time to time to accommodate site issues or operating a)
changes to Lessee's use of the Leased Land. Material changes from the approved plans will require
Lessor's written approval, which approval shall not be unreasonably withheld. All plans shall be o
in conformity with Collier County vertical standards.
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6.2 Lessee agrees to commence construction of the approved improvements to the o
Leased Land five(5)years from the last execution date of this Lease. In the event Lessee does not c
commence construction within such period, then the Lessor shall have the right to terminate this Cl)
Lease and neither party shall have any further obligations to the other party. Upon commencement
of construction,Lessee shall diligently pursue said construction to completion and complete said
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I Packet Pa. 1355 11
16.D.17.a t
construction on or before twenty(24)four months from commencement,subject to delays beyond c
the control of the Lessee. a)
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6.3 All improvements to the Leased Land shall be constructed in compliance with c
all governmental regulations pursuant to valid permits. In addition, Lessee shall be solely a)
responsible for the costs of repairing any damage to Lessor's roads,water and sewer facilities or E
other infrastructure located within or outside the Leased Land resulting from construction or use by m
Lessee,its agents,officers or employees. c
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6.4 Lessee, throughout the term of this Lease, at its own cost, and without any ma)
expense to the Lessor, shall keep and maintain the Leased Land, including any buildings and =
improvements thereon,in good,sanitary and neat order,condition and repair. Such maintenance 0
and repair shall include, but not be limited to, painting,janitorial, fixtures and appurtenances tr
(lighting,heating,plumbing,and air conditioning). Such repair may also include structural repair,
if deemed necessary by the Lessee. Lessee agrees to pay water,electricity and all other utilities used c
by Lessee in the Leased Land,including sewer service according to the charges made therefore by in
the proper local authority. Lessee shall also comply and abide by all Federal,State,Municipal and
other Governmental Statutes, ordinances, buildings and improvements thereon, or any other a)
activities or conditions on or in the Leased Land. Lessor,upon request of Lessee shall perform said ea
maintenance, and/or pay for said water, electricity and other utilities used by the Lessee in the =-
Leased Land,the cost of which shall be reimbursed to Lessor by Lessee under terms and conditions y
agreed to by Lessor and Lessee. el
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6.5 If the Leased Land is partially damaged by any casualty insurable under the -a
Lessee's insurance policy, Lessee may at its option upon receipt of the insurance proceeds,repair c
the same in the manner it deems necessary and appropriate. Provided,however,if the Leased Land, o
including buildings and improvements thereon: (a)are rendered wholly untenantable by reason of CD
such occurrence or,(b)damaged,in whole or in part,to the extent fifty percent(50%)or more of o
the replacement cost on date of loss thereof,in the sole judgment of Lessee, then in either such c
event, Lessee, may repair the damage. If Lessee chooses not to repair the damage,Lessor may o
cancel this Lease. Notice of cancellation shall be provided within Sixty(60)days after either of the .a
above described events occur,and thereupon this Lease shall terminate,and Lessee shall vacate and c
surrender the Leased Land to Lessor. E
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6.6 Lessee shall maintain with the Division of Risk Management, Department of c
Insurance, an insurance policy with limits for all claims as is reasonably acceptable to Lessor. o
Lessee agrees to procure fire and extended risk/commercial general insurance coverage which will 0
afford minimum protection of not less than one million dollars($1,000,000.00)for personal injury to
or death in any one occurrence and of not less than one million dollars($1,000,000.00)for property 0
damage in any one occurrence by preparing and delivering to the Division of Risk Management, a=i
Department of Insurance,a completed Florida Fire Insurance Trust Fund Coverage Request Form U
immediately upon completion of any improvements or structures as evidenced by the issuance of a)
a Certificate of Occupancy by the State Fire Marshall. Lessee will provide the Division of Risk 2
Management,Department of Insurance a certificate of such insurance each year upon renewal of o
same. All policies required to be carried by Lessee hereunder all evidence of insurance provided 0
to Lessor will contain an endorsement showing that Lessor is included as an additional insured,and ce
an endorsement whereby the insurer agrees not to cancel or alter the policy without providing at o
least thirty(30)days prior written notice to lessor and all other named insureds. c
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6.7 Lessor shall, upon request of Lessee, join with Lessee in executing and .
delivering such documents,from time to time,and throughout the term of this Lease, as may be c
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16.D.17.a '
appropriate, necessary or required by any governmental agencies,public utilities,and companies. .:,
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6.8 Lessee will take all necessary efforts to obtain any zoning,subdivision site plan E
environmental audits,or building approvals on the site,or any part thereof with which Lessee may c
be required to comply. Lessor agrees, from time to time, to assist the Lessee in the creation and a'
execution of such documents petitions, applications and authorizations as may be appropriate or E
required to submit the site,or any part thereof,for the purpose of obtaining such approvals. If for Q
any reason zoning, easements, land development regulations or environmental issues cause the c
proposed use of this site unusable for the purpose intended and expressly stated herein,this Lease a)
shall be null and void. o
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6.9 All work,whether interior or exterior,ordinary,extraordinary,or structural,must
be performed in good and workmanlike manner,in full compliance with the plans and specifications o
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approved by Lessor,and in compliance with all applicable governmental codes and ordinances and a
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free and clear of all claims for lien on account of unpaid labor,services,or materials.
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ARTICLE 7.MECHANIC'S LIENS co
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7.1 Lessor's interest in the premises will not be subject to lien for improvements CIDCD
to the premises made on the order of Lessee. All persons performing labor or service and
furnishing materials to the premises on the order of Lessee must look solely to Lessee and Lessee's a>
interest in the premises for payment. ca
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7.2 If any lien or claim of lien is asserted against Lessor's interest in the premises,
Lessee must obtain a release of Lessor's interest from the lien or claim of lien within 30 days from c
the date on which the lien or claim of lien was filed. F
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ARTICLE 8.ASSIGNMENT AND SUBLEASE;AGREEMENT WITH COLLIER d
COUNTY PUBLIC LIBRARY SYSTEM E
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8.1 Lessee shall not assign this Lease or sublet the entire building constructed on the °'
Leased Land by Lessee without the written consent of the Lessor, which consent shall not Q
unreasonably be withheld. Provided,however,Lessor understands and acknowledges that although c
Lessee is the tenant under this Lease, Lessee intends to sub-let portions of the Senior Resource o
Center Building constructed by Lessee on the Leased Land to other not-for-profit entities to carry a
out the uses described in Article I above,including,but not limited to the Friendship Health Center to
(or it's designee)to operate a medical/dental clinic in not less than 4,500 sq.ft.of the Facility. a,
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8.2 Lessee agrees to cooperate with the Collier County Public Library to co-ordinate v
the programs and services described in Article 1.1 above and for the maintenance of the a
improvements constructed by Lessee on the Leased Land as described in Article 6.4 above and as L
agreed upon by Lessee and the Collier County Public Library, A mutual"operations plan"shall be c
created between the Lessee and the Collier County Public Library which shall be reviewed annually ayi
and updated if deemed necessary by the Lessee and the Collier County Public Library. cc
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ARTICLE 9.DEFAULT AND REMEDIES in
9.1 No failure to perform any condition or covenant of this Lease shall entitle Lessor Cl)
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16.D.17.a
to terminate this Lease unless(1)such failure shall have continued for thirty(30)days after notice t.
in writing requiring the performance of such condition or covenant shall have been given to Lessee: ami
and(2)if such default is of such a nature that it cannot be remedied within this time,then, unless E
Lessee shall fail to cure such default within said period,an additional timeframe shall be reasonably c
granted to the Lessee in order to cure the default,provided that Lessee shall commence to cure the a)
default within this period and thereafter shall diligently continue the curing of the default.However, E
the occurrence of any of the following events shall constitute a default by Lessee and this Lease may
be immediately terminated by Lessor except to the extent then prohibited by law: c
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(i) Falsification by Lessee or an agent of Lessee of any report required to be U
furnished to Lessor pursuant to the terms of this Lease. a)
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(ii) Filing of insolvency,reorganization,plan or arrangement of bankruptcy. o
ARTICLE 10.TERMINATION AND SURRENDER cc
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10.1 Unless otherwise mutually agreed by the parties,within thirty(30)days after cu
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termination of the Lease Term,Lessee agrees to redeliver possession of the Leased Land to Lessor m
in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of rn
the Leased Land to remove any equipment,buildings,signs and fixtures owned in,on or under the co
Leased Land occupied by the Lessee, provided, however, at the termination of this Lease r
Agreement, Lessor shall have the option of either requiring Lessee to demolish and remove all a,
improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to require ta
Lessee to retain said improvements on the Leased Land which improvements will become the a)
property of the Lessor upon Lessee's vacation of the Leased Land. -a
ARTICLE 11.GENERAL PROVISIONS o
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11.1 All of the provisions of the Lease shall be deemed as running with the Land and o
construed to be"conditions"as well as"covenants"as though the words specifically expressing or r
imparting covenants and conditions were used in each separate provision. E
11.2 No failure by either Lessor or Lessee to insist upon the strict performance by the a
other of any covenant,agreement,term or condition of this Lease or to exercise any right or remedy E
consequent upon a breach thereof shall constitute a waiver of any such breach or of such covenant, a
agreement,term or condition. No waiver of any breach shall affect or alter this Lease,but each and c
every covenant,condition,agreement and term of this Lease shall continue in full force and effect o
with respect to any other then existing or subsequent breach.
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11.3 To the extent the proceeds and benefit of an insurance policy are not available 4,
to Lessor,Lessee shall indemnify and defend Lessor from,and hold Lessor harmless against,any c
claim,suit,liability,loss,damage,cost, and expense(including reasonable attorneys'fees)Lessor d
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suffers or incurs in connection with loss of life,personal injury,or damage to property arising from a,
the use or occupancy of the Premises by Lessee and its employees,agents,contractors,licensees,
or invitees,but not to the extent caused by the negligence or willful misconduct of Lessor,its agents
or employees. This indemnity shall survive the termination of this Lease. Lessor's liability is ao0)i
subject to the limits of sovereign immunity set forth in Section 768.28 of the Florida Statutes. cc
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11.4 If Lessee shall engage in fund raising activities,Lessee will strictly comply with •e
any and all laws and regulations applicable to fund raising activities and Lessor will not be in
responsible in any way for any fundraising activities or reimbursements. ;
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11.5 Time is declared to be of the essence of this Lease and of each provision.
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11.6 This Lease contains the entire agreement of the parties with respect to the mattersE
covered by this Lease and no other agreement, statement or promise made any party, or to any aa)
employee,officer or agent of any party,which is not contained in this Lease shall be binding or E
valid. Q
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11.7 Nothing contained in this Lease shall be deemed or construed by the parties or c
by any third person to create the relationship of principal and agent or of partnership or of joint v
venture or of any association between Lessor and Lessee,and no provisions contained in this Lease, a)
nor any acts of the parties shall be deemed to create any relationship between Lessor and Lessee,
other than the relationship of Lessor and Lessee. Person or persons employed or volunteers of o
Lessee shall have no claim against Lessor as to pensions,worker's compensation,unemployment a
compensation, insurance, salary, wages or other employee rights or privileges granted by the ce
operation of law or by Lessor to its officers and employees. 0
11.8 This Lease shall be governed by and interpreted according to the laws of the mm
State of Florida. a,
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11.9 Articles,subsections and other captions contained in this Lease are for reference
purposes only and are in no way intended to describe,interpret,define or limit the scope,extent or d
intent of this Lease or any portion thereof. as
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11.10 This Lease sets forth the entire understanding between the parties and shall only -I
be amended with the prior written approval of both the Lessor and the Lessee. c
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Notice to the Lessor shall be addressed to: F
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Board of County Commissioners w
do Real Property Management ac,
3301 Tamiami Trail East
Building W c
Naples,Florida 33962 °'
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Notice to the Lessee shall be addressed to: Q-a
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Collier County Senior Resource Center,Inc. o
c/o The Community Foundation of Collier Countycn
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2400 North Tamianzi Trail a)Suite 300
Naples,Florida 34103 c c
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or such other place as Lessee shall notify Lessor in writing during the term of this Lease. a)
ARTICLE 12: RADON GAS 0
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12.1 In compliance with Section 404.056,Florida Statutes,all parties are hereby made c
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 a,
time. Levels of radon that exceed federal and state guidelines have been found in buildings in cn
Florida. Additional information regarding radon and radon testing may be obtained from your m
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I Packet Pg. 1359
16.D.17.a —
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County Public Health unit.
IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day and
year above first written. C
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LESSOR:BOARD OF COUNTY COMMISSIONERS,
> ,,�• COLLIER CO ,FLORIDA c
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VAL,' � Q' By: 7
tom';•,tE:: * .tf / Donna Fiala,.Chairman
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16.D.17.a •
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LESSEE:Collier County Senior Resourcc Center,Inc. a
Witnesses: WAMP a,l ilk110111111.1111V
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8)2.1I OR0,�- Date: E
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Prin •d N. 1 0`
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Printed Name cce
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STATE OF FLO J
COUNTY OF t "cif--
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Subscribed and sworn to before me by Als.:1" ----
(f(t h• S , as LESSto e. o
of Collier County Senior Resource Center,Inc.who is f•- sonally known to me 0
or who has produced as identification and w . •d/• • not take an oath. o
WITNESS my hand and official seal this a7 day of AI/li S ,2009. E
U E
SUSAN M.BARTON C
C
*+Y COMMISSION I DDESA.T7 Notary Public E
'` �I `tatiliMOTAI, M.N..r Q
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(affix notarial seal) Print Name: \I-SAI ����D/Vcn
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My Commission Expires: c
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THIS INSTRUMENT PREPARED BY: o
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KATHLEEN C.PASSIDOMO,ESQUIRE tY
Kelly,Passidomo&Alba,LLP
2390 North Tamiami Trail,Suite 204
Naples,Florida 34103 in
(239)261-3453
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16.D.17.a
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A portion of Golden Gate Unit 4,Block 115
Section 21,Township 49,Range 26
12.54 acres
Folio/Parcel Number;36110040005
Property Address:4715 Golden Gate Parkway c
as depicted on the attached drawing.
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THE COLLIER COUNTY
N \\ 5' SENIOR RESOURCE m
CENTER
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GOLDEN GA E COMMUNITY CENTER SITE PLANfou a
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I Packet Pg.1363
16.D.17.a
RESOLUTION NO.2099- '
A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF E
COLLIER COUNTY, FLORIDA, APPROVING A REQUEST FOR A
GROUND LEASE WITH COLLIER COUNTY SENIOR RESOURCE E
CENTER,INC.,TO ALLOW THE CONSTRUCTION,OPERATION,AND
L
MAINTENANCE OF A SENIOR RESOURCE CENTER BUILDING a.i
LOCATED AT 4715 GOLDEN GATE PARKWAY, COLLIER COUNTY,
FLORIDA.
°
WHEREAS, the Collier County Senior Resource Center, Inc., a not-for-profit Florida
corporation("CCSRC")petitioned the Collier County Board of Commissioners(the`Board")to
enter into ground lease for that property located at 4715 Golden Gate Parkway, Collier County, N
Florida,to construct,maintain,and operate a building to be used in the public interest as a senior rn
resource center;andra
a)
WHEREAS, the Board, at its July 28, 2009, Regular Meeting determined that the
property that is the subject of the ground lease is not otherwise needed for County purposes and 2
that the intended use of the property by CCSRC would promote the welfare of the public and .2
advance the interests of the community;and -EE
WHEREAS, the Board has determined that the term of the ground lease shall be for a
period of thirty (30) years with the opportunity for CCSRC to renew for four (4) additional
0
c.)
fifteen(15)year periods,all at the annual rate of$100;andcn
WHEREAS, section 125.38, Florida Statutes, requires the Board to memorialize its
decision to lease County property to applicants such as CCSRC through a resolution passed by 0
the Board.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
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COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: •
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Packet Pa. 1364
' 16.D.17.a "
1. The property located at 4715 Golden Gate Parkway, Collier County, Florida,
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comprises a parcel appropriate for use as a community senior resource center, as more
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fully described in the Ground Lease Agreement, incorporated herein by reference and a
that the property is not otherwise needed for a County purpose. c
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2. The term of the Ground Lease for the agreement shall be for a period of thirty(30) m
2
L
ycars with the opportunity for CCSRC to renew the lease for four(4) additional fifteen o
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(15)year periods,all at the annual rate of$100.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
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County,Florida,this 28th day of July,2009. rn
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ATTES ..!E....t?p <^s,;'.. BOARD OF C a A COMMISSI NERS
DWIC E.BIZ.t f}C,I,ERK y`COLLIER C a ,FLORIDA -a
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By:U.4...;-1.4.% • t.,. to( - By. its
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'.DE • . : DONNA FIALA,CHAIRMAN o
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Approved as to form and legal sufficiency: Q
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leen M.Greene vi
Assistant County Attorney a;
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Page 2 of 2 @
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I Packet Pg. 1365
16.D.17.a
Lease#PS-126
FIRST AMENDMENT TO
COLLIER COUNTY SENIOR RESOURCE CENTER
GROUND LEASE
THIS FIRST AMENDMENT TO COLLIER COUNTY SENIOR RESOURCE CENTER GROUND
LEASE entered into this _" day of F . 2013. at Naples, Collier County,
Florida by and between Collier County Senior Resource Center, Inc..a not-for-profit Florida Corporation, E
whose mailing address is 4755 Tamiami Trail North.Suite 140,Naples,Florida 34103,hereinafter referred
to as"LESSEE", and Collier County, a political subdivision of the State of Florida. whose mailing address C)
is 3335 East Tarniami Trail,Suite 101,Naples,Florida 34112,hereinafter referred to as"LESSOR";
W ITNESSET'H °)
WHEREAS. LESSOR and LESSEE have pre iously entered into a County Senior Resource Center U
Ground Lease("Lease")dated July 28,2009;and
WHEREAS,the LESSOR and LESSOR are desirous of amending that]_.ease:and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Lease o
dated July 28, 2009. and Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby
amended as follows: ar
1.) Article 1.1 of the Lease is hereby deleted in its entirely and replaced with the following: trD
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During the term setfonh in item 2 of this Amendment. the LESSEE shall utilize approximately
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1,000 square feet, as shown on Exhibit 'A', which is attached hereto and made a part of this
Amendment.
2.) Article 2.1 of the Lease is deleted in its entirety and replaced with the following:
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This Lease shall be for a term of three years commencing on the date this Amendment is Cj
executed by the LESSOR (Initial Lease Term).LESSOR and LESSEE.however, shall have the option O
to terminate the Lease by either party providing written notice to the other party at the addresses set c
forth above.within sixty-days in advance of the intended termination date. C)
During the Initial Lease term, if LESSEE obtains a building permit in order for LESSEE to
construct its intended improvements at the Demised Premises, as outlined in the Ground Lease E
Agreement dated July 28, 2009, LESSEE shall immediately provide LESSOR with a copy of said
permit. The issuance date of the building permit shall determine the commencement of the Lease Term c
as referred to in the Ground Lease Agreement dated July 28, 2009. From that date, LESSEE shall 0
occupy the Demised Premises,as described in the Lease.for a term of thirty(30)years,and shall adhere
to the terms and conditions set forth in the Lease Agreement dated July. 28, 2000. Additionally, the
LESSOR agrees to offer the LESSEE the right to renew the Lease.if T.ESSEE is not in default of any of
the terms and conditions of the Lease or this Amendment, for an extended ten-year period at the end of ai
the Initial'Term and three additional renewal offers of ten years each thereafter. U
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If LESSEE. is unable to obtain a building permit after the Initial Lease Term, and LESSEE 0
should desire to remain at the Demised Premises for an extended term. the parties may renegotiate for
an amendment to extend the term sctforth herein. cc
L
LESSEE agrees to pay LESSOR the sum of One I lundred Dollars($100.00)per year and will be
paid fifteen days from the date in which LESSOR executes this Amendment, and shall provide annual a)
p:aymenis for each year thereafter by the anniversary date of this Amendment. This amount shall assist
LESSOR with the cost for utilities at the Demised Premises. All payments shall be rendered to the
a)
Board of County Commission Real Propeny Management,3335 East"Lama Trail, Suite 101,Naples. E
Florida 34112. its-
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3.) Section 6.2 shall he deleted in its entirety.
4.) 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 the Demised Premises and making repairs or providing
services therein, and for the purposes of inspection for compliance with the provisions of this Lease
Agreement.
Packet Pa. 136E 1
1 6.D.1 7.a
5.) During the term of this Amendment, prior to making any changes, alterations, additions or
improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for
alteration , 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) da}•s within which to approve or deny in writing said request thr w;
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 alter
thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, c
then such silence shall he deemed as a denial to such request to 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,
as
ordinances, rules. regulations, and requirement, of the United States of America, State of Florida,
County of Collier,and any and ail governmental agencies.
O
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, if LESSOR so directs, LESSEE shall o_
promptly remove the additions, improvements.alterations, fixtures and installations which were placed a)
in. on. or upon the Demised Premises hr LESSEE, 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.
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6.) Except as expressly provided herein, the Lease remains in full force and effect according to the
terms and conditions contained therein, and said terms a conditions are applicable hereto except as
expressly provided othertisise herein.
IN WITNESS WHEREOF- the LESSEE and LESSOR have hereto executed this First
Amendment to Collier County Senior Resource Center Ground Lease the day and year first above
written.
AS TO TI IL LESSEE)SSE.E: COLLIER COUNTY SENIOR RESOURCE CENTER,Inc.,
a Florida riot-for-profit Corporation d
DATED. /61 Pr / / E
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13Y: si,, — l
Witness(signature) r
(Print name and title) O
(print �)--, d
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1Vrtncss{signature)
Zte-4(0 fre2-71
(print name) o
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AS"10 THE LESSOR: L
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DATED: ,!-`' —' BOARD OF(tOUN FT CrOs41b1ISSIONERs,
COI t.f`1R CCfUNT Y.FLORIDA
ATTEST ', l tt /
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DWIOHTE. BROCK,Clerk BY: Ax_<'
GEOR IA A.HILLER,ESQ.,Chairwoman
BY: 3.s IA_ ~. p.0 to
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::only.
Approved as to form and legality:
.lennire'r A. Belpedio,Assistant County Attorney
I Packet Pro_ 1167
16.D.17.a
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I6.D.17.a
,MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") i executed this
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day of ;)c'c' r,,, U e r 2014 by and between Collier County enior Resource =
Center, Inc. d/b/a Collier Senior Resources ("CSR") and Collier County ("Collier
County").
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RECITALS
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WHEREAS, CSR is a 501(c)3 non-profit organization workin to address the
needs of older adults and caregivers in Collier County, Florida, concentrating specifically cn
in providing person-focused, coordinated services to enhance the inde ndence, dignity
cu
and quality of life of seniors in the Golden Gate community;and
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WHEREAS, Collier County provides a senior nutrition program khat is sponsored a
by the Department of Elder Affairs through the Area Agency on Aging designed to
jo
promote better health among Collier County's elderly citizens who are 60 and over and
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have the greatest economic need by providing nutritious meals each weekday, a
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supplemented by nutrition education programs to encourage more healthiful eating habits
at home; and
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WHEREAS, CSR and Collier County wish to collaborate and use their a�
resources to providing a nutrition program at the Golden Gate Senior Center, 4898 0
Coronado Parkway,Naples,Florida and with to memorialize their understanding;
11
AGREEMENT `o
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NOW,THEREFORE,the parties agree as follows: cn
1. The foregoing recitals are true and correct and are incorporated herein by E
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reference.
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--- — I Packet Pa. 1369
16.D.17.a
2. CSR and Collier County wish to provide a nutrition program Tor seniors that
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will benefit from the combined strengths of both organizations. This MOU a)
serves to memorialize that agreement and intent.
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3. Joint Collaboration. CSR and Collier County agree as follows:
a) The Golden Gate Senior Center will house the nutrition!program, in an
a,
atmosphere of mutual respect and consideration for one another and the
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other agencies and organizations operating at this location. ! tr
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b) The parties will collaborate and cooperate to provide ja high quality .E
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nutrition program.
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c) The environment at the Senior Center shall be one of not*discrimination,
recognizing the rich diversity of the clients.
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4. CSR's Contributions. CSR agrees to contribute as follows t4 the nutrition 0
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program: c
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a) CSR shall provide a dedicated space at the Senior Center for the nutrition -a
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program, (Monday-Friday, 8am – 1:30 pm for conducting a hot lunch
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program for senior residents,age 60 and over).
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b) Arrange for necessary build-out and/or renovations as aged upon
between the parties, including the provision of electrical and plumbing cv
requirements.
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c) Access of CSR's Program Director, who serves as an overfill coordinator cc
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or programs and services at the Senior Center; d
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d) Provide external and internal signage;
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e) Support the rules of Older Americans Act programs as outli4ed in services c
2
—___ I Packet Pg. 1370
16.D.17.a
1
manual; understand and restrict kitchen access during meal service times
only to authorized personnel and participation in the program only to
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qualified clients. {
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f) Staff will become knowledgeable of program and provide answers to inquiries and
encourage participation.
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g) General maintenance,cleaning and upkeep for the Senior Ceiter including e
facility inspection reports such as fire,health and pest contrgl on request; cc
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h) Telephone and Internet access; •E
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i) Further opportunities to collaborate with others in an effort to expand Q;
outreach and clientele.
a)
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j) General liability insurance coverage,subject to availability.
k) Policies and procedures appropriate for a Senior Center.
5. Collier County's Contributions. Collier County agrees to contribute as follows
to the nutrition program: 3
i E
a) Sufficient trained staff, including volunteers and back up sljaff in the event
of staff absences, to staff the nutrition program in all respects, including
nutrition education, participant assessment, reserving and (ordering meals, can)
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a)
oversight, inspections, safe arrival, preparation, maintenance!of temperature
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logs of meals, refrigerator/freezer, thermometer; table set 4p, table clothes ;'
and decorations, proper meal service, delivery, clean-upi including spot
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cleaning after meals to ensure food and liquids are cleanel up, survey and Lo
evaluations, as well as other required procedures for a sbfe and healthy N
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congregate meal service. i E
b) Office, kitchen, and other equipment and supplies as required to
3
—___ I Packet Pa_ 1371
1 6.D.17.a
support Collier County's nutrition programs and services.
c) A locked donation box for voluntary and confidential cash donatibns by aa)
participants;
E
d) Outreach and publicity to promote participation in the program;
e) Signs and labels as needed for program compliance that arelconsistent with
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a)
Collier County standards;
f) Completion of an incident report for any unusual health situlation or other
L
emergency involving a client;
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g) Provide for updates of program to CSR staff and the GGL enior Meal rn
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Program Advisory Board as indicated.
a)
h) Be responsible for damage to the building and or damage tci equipment in
the building during hours of occupancy caused by senior mal participants.
0
i) Collier County will provide One Hundred Dollars ($100.00) to CSR each month t7
I o
to defray the cost of electricity; CSR shall send an invoicelto Collier County on a d
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quarterly basis.
E
j) Maintenance of insurance in amounts necessary to satisfy CSR and Collier County, -a
including but not limited to general liability and 'vorkers' compensation
U)
Cr)
insurance. Proof of insurance shall be a prerequisite td Collier County using
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the Senior Center. + U
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k) Compliance with the Golden Gate Senior Center rules, policies, and
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procedures, as amended from time to time, which inclu4le but are not
limited to proper disposal of trash,cleaning the areas of the enior Center cn
utilized by Collier County, parking in the designated areas ensuring that a)
the building is properly secured (including locking external doors and
4
(1)_ _ _ I Packet Pn 1179
16.D.17.a
arming alarms), participating in training and meetings as reasonably
required.
a)
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6. Termination. Either party may terminate this Agreement with sity(60)days
1
prior written notice to the other party. All obligations of the parties tshall terminate
on the last calendar day of the month following the date of the notice of termination. a)
a)
7. Choice of Law / Venue. This Agreement shall be governed by the laws of the
State of Florida. Any action brought to interpret or enforcel this ce
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agreement shall be brought in the courts serving Collier County,F'orida.
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8. Counterparts / Electronic Signatures. This Agreement may be signed in
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Counterparts, and when taken collectively, shall be one ',and the same
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document. This Agreement may be signed electronically, 4'hich shall be
enforceable as if the signature was original. 1
C.
9. Indemnification. Collier County agrees to indemnify and hold! CSR harmless o
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from any and all liabilities, claims, demands; losses, damages, costs and
expenses (including, without limitation, reasonable attorneys' fes, whether or
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not suit be brought and including such fees on appeals), actio4s or causes of c
action arising out of or relating to the use of the Senior Canter by Collier cnn
County and/or this Agreement. ' c
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10. Complete Agreement /Modifications /Assignment. This Agreement constitutes
cnthe entire agreement between the parties regarding the issues addressed herein.
Any prior written or verbal agreements are superseded by this Agreement. This
Agreement may only be modified in writing, executed by all parties. This cn
c
Agreement is non-assignable by the parties and shall inure to the benefit of thects
parties' successors.
5 i Q
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Packet Pa. 1373
I 6.D.17.a
COLLIER COUNTY SENIOR COLLIER COUNTY
RESOURCE CENTER,INC.
d/b/a COLLIER SENIOR RESOURCES:
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4'`• • L.-V). By: • Li
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Name4"'" °.\\ ›.442\c''') Name: TO ev% f. • 4
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Title: - -41g-4-1"-Q.7) Title: C.IA A I R tP.4 41/4
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NAPLES18301334v 1 CD
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-..Digi.64!0*0*'Clerk Approved as to f nn and legality
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1°L-Plittorneytant Cowl'
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