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Backup Documents 09/27/2016 Item #16D17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING 'SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 D 1 7 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATU . Print on pink paper. Attach to original document. The completed routing slip and original documents are to be fonvarded 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 sIonday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through 42 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 41 through 42,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. F- 3. County Attorney Office County Attorney Office Q ,O i It\kG, 4. BCC Office . Board of County 1 DF • Commissioners VN-/G./ t(--`k<<t142-_ 5. Minutes and Records Clerk of Court's Office 01 it ((h) 3 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 � /6 Phone Number f� 3 Contact/ Department i e,gm.....,--,-t- 6� I i/Agenda Date Item was Agenda Item Number /7 Approved by the BCC ?• c2 7 ' /C / Type of Document Number of Original ` Attached 6e�'.,u of 4m e,44- "ewl 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) Appli ble), 1. Does the document require the chairman's original signature? S)cc's.IM Q OK /4 A 2. Does the document need to be sent to another agency for additional signatures? If yes, !'f/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 Q by the Office of the County Attorney. D 4. All handwritten strike-through and revisions have been initialed by the County Attorney's y(/P• ' 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 • OA 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 IP'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 wa of your deadlines! 8. The document was approved by the BCC on Q/a7/ nter date)and all changes made *Asi"4'.-e i. during the meeting have been incorporated in he attached document. The County _1;1k,_k Attorney's Office has reviewed the changes, if applicable. . seiti 31Ff 9. Initials of attorney verifying that the attached document is the version approved by the 'iQ0 BCC, all changes directed by the BCC have been made, and the document is ready for t e tz a ,)"a a6s Chairman's signature "- — I: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 MEMORANDUM 1 6 D 1 7 Date: October 11, 2016 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Teresa Cannon, Deputy Clerk Boards Minutes & Records Department Re: Second Amendment to Collier County Senior Resource Center Ground Lease Attached is a copy of the document referenced above (Item #16D17), approved by the Board of County Commissioners on Tuesday, September 27, 2016. The Minutes & Records Department has retained the original to be held in the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment >.,.,,, 16 DI7 `, ��, • st �'''- Memorandum I 1 FOR1 ' ' ()j To: Minutes and Records From: Michael Dowling ‘R5 Senior Property Management Specialist Real Property Management Date: October 5, 2016 Subject: Second Amendment to Collier County Senior Resource Center Ground Lease BCC: September 27, 2016, Item: 16 D 17 Hello All! Kindly provide me with an electronic copy of the referenced document when time allows. Please contact me at extension 8743 with any questions. As always, thank you!. © Attachment as stated Lease #PS-126 SECOND AMENDMENT TO COLLIER COUNTY SENIOR RESOURCE CENTER 1 6 D 1 7 GROUND LEASE THIS SECOND AMENDMENT TO COLLIER COUNTY SENIOR RESOURCE CENTER GROUND LEASE (Amendment) entered into this '7 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 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 is c/o Real Property Management, 3335 East Tamiami Trail, Suite 101,Naples, Florida 34112, hereinafter referred to as "LESSOR"; WITNESSETH 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 Resource Center Ground Lease dated October 8, 2013; and WHEREAS, the LESSOR and LESSOR are desirous of amending that Lease to provide for two 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: 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 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 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. r7 . I 6 0 I 7 - -__ ! • -- .. -__a . - . -: . !: . per year and will be paid fifteen days from the date in which LESSOR executes this Amendment, and rendered to the Board of County Commission c/o Real Property Management, 3335 East Tami Trail, 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 apart 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 Florida not-for-profit Corporation DATED: /U - ,L , BY: CIM4,...1 C'�U� Witness (signature) JA ES BARTON, President / i !Ci-146(— ()cat .4 47 (print name) fitness/ ignature) k4 TY) (print nanle) AS TO THE LESSOR: DATED: 9 a y. l BOARD OF COUNTY COMMISSIONERS, COLLI I COUNTY, LORIDA ATTEST DWIGHT E.BROCK, Clerk BY: r, J DO A FIALA, Chairman B (yam` Deputy ClrArasy, as to Chairman's Approved as tic' r rQ 1kgality: • Jennifer A. Belped'• 05" ov�LP Assistant County Atto ey ()N\ 2 /& /7 1 6 0 1 COLLIER COUNTY SENIOR RESOURCE CENTER GROUND LEASE THIS LEASE is made and entered into this a S day of `S L y ,2009, by and between COLLIER COUNTY, a political subdivision, herein referred to as "Lessor", and COLLIER COUNTY SENIOR RESOURCE CENTER,INC.,a not-for-profit Florida corporation, herein referred to as "Lessee". In consideration of the mutual covenants provided herein and other good and valuable consideration, the parties agree as follows: ARTICLE I.DEMISE OF LEASED LAND 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 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 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. 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 of the Golden Gate Government Complex. 1.3 Lessor hereby represents and warrants that Lessor is the owner in fee simple absolute of the Leased Land subject to covenants, conditions, restrictions, easements and other matters of record. 1.4 Lessor covenants and agrees that Lessee,on keeping the covenants,conditions and terms of this Lease on Lessee's part to be kept or performed, shall lawfully and quietly hold, occupy and enjoy the Leased Land during the term of this Lease without hinderance or molestation by Lessor or any person claiming under Lessor. ARTICLE 2.LEASE TERM 2.1 This Lease shall be for a term of thirty (30) years, hereinafter referred to as "Lease Term." Said Lease shall commence on the day that a building permit is pulled for the • construction of the improvements by Lessee as provided for herein. Additionally,the Lessor agrees 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 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 Commissioners,do Real Property Mgt. Dept., 3301 Tamiami Trail East,Building W,Naples,FL A... 4 4 "1O 33962. All of the covenants and conditions contained within this Lease will apply to any renewal period. 2.2 If Lessee shall hold over after the expiration of the Lease Term, such tenancy shall be from month to month under all of the terms,covenants and conditions of this Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Leased Land as a holdover. ARTICLE 3.LESSOR OBLIGATIONS 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, all impact fees,if any,monthly utility fees,license fees,permits,levies,excises whether general or special,ordinary or extraordinary,of every name,nature or kind whatsoever on or against Lessee. 3.2 All persons to whom these presents may come are put upon notice of the fact that 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 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 Statutes. ARTICLE 4.USE OF PREMISES 4.1 Lessee shall have the right to use the Leased Land only for the purposes specifically referenced herein. It is understood and agreed that the primary purpose of Lessee for the use of the Leased Land is to construct,operate and maintain an approximate 11,000 square foot building as a Senior Resource Center(the"Facility")for uses commonly and normally associated with a Senior Resource Center (a non-profit organization that works in partnership with older persons and the community to provide centralized and coordinated service,information,education and leadership helping to assist seniors in maximizing their independence and personal dignity)and other library uses as determined by Lessee and agreed upon between Lessee and the Collier County Public Library(including,but not limited to:meeting/multi purpose room(s)for various programs; adult literacy program;classrooms including computers for seniors;equipment and library for the blind;volunteer coordinator; 211 services program offices; senior resource area with periodicals, reading tables,chairs,Book Sale room and reception area;medical-dental clinic). 4.2 Subject to provisions contained in the operations plan described in Paragraph 8.2 below, Lessee shall have the exclusive right to use the Leased Land and any improvements constructed thereon by Lessee during the term of this Lease. During the term hereof, Lessee may, in its sole discretion,improve,alter,maintain,or renovate the improvements constructed by Lessee on the Premises. Any such work may be undertaken by Lessee at any time or times during the term hereof and no consent or approval of Lessor shall be required unless such work consists of major alterations from plans and specifications originally approved by Lessor as more fully provided for herein. Lessor agrees to co-operate with Lessee in connection with such construction and agrees to execute any documents required by governmental authorities evidencing Lessee's rights hereunder and consenting to such work. During the term of this Lease,Lessee may erect signage on the Leased 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 2 signage shall be in compliance with all applicable codes and ordinances. 4.3 In the event Lessee shall cease to use the Leased Land for the purposes described in Section 4.1 above, and such cessation of use shall continue for a period of sixty (60)days, this Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee, shall be 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 cessation is caused by events beyond the control of the Lessee such as Acts of God or if such cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on the Leased Lands. Additionally,if this Lease is terminated by Lessor pursuant to this provision and the Friendship Health Center (f/k/a Senior Friendship Center of Collier County) (or it's designee) continues to operate a medical/dental clinic in the building constructed by Lessee on the Leased Land as described in Paragraph 8.1 below, this Lease will not terminate as to Friendship Health Center(or it's designee)and Lessor agrees to enter into a lease with Friendship Health Center(or it's designee) for the space it occupies in the building under the same terms and conditions as provided for herein as modified to reflect the use of Friendship Health Center(or it's designee)of only a portion of the building. ARTICLE 5.ENCUMBRANCE OF LEASEHOLD ESTATE 5.1 Lessee shall not encumber,by mortgage or other security instrument,or by way 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 absolute discretion of the Lessor. ARTICLE 6.CONSTRUCTION,REPAIRS AND RESTORATION;MAINTENANCE; UTILITIES AND INSURANCE 6.1 The plans,specifications and building design for the Lessee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for a building permit for improvements to the Leased Land,Lessee shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Lessee's intended improvements. Lessor shall have twenty one(21)days after receipt of any submittal by Lessee to review Lessee's submitals and provide a written response as to whether the submittal is approved 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 will meet with Lessor's approval or incorporate the requested changes into the plans. If Lessee determines not to revise its plans then Lessee may terminate this Lease. Lessee may make non- material changes to the approved plans from time to time to accommodate site issues or operating 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 in conformity with Collier County vertical standards. 6.2 Lessee agrees to commence construction of the approved improvements to the Leased Land five(5)years from the last execution date of this Lease. In the event Lessee does not commence construction within such period, then the Lessor shall have the right to terminate this 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 3 16017 construction on or before twenty(24)four months from commencement,subject to delays beyond the control of the Lessee. 6.3 All improvements to the Leased Land shall be constructed in compliance with all governmental regulations pursuant to valid permits. In addition, Lessee shall be solely responsible for the costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee,its agents,officers or employees. 6.4 Lessee, throughout the term of this Lease, at its own cost, and without any 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 and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (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 by Lessee in the Leased Land,including sewer service according to the charges made therefore by 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 activities or conditions on or in the Leased Land. Lessor,upon request of Lessee shall perform said 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 agreed to by Lessor and Lessee. 6.5 If the Leased Land is partially damaged by any casualty insurable under the Lessee's insurance policy, Lessee may at its option upon receipt of the insurance proceeds,repair the same in the manner it deems necessary and appropriate. Provided,however,if the Leased Land, including buildings and improvements thereon: (a)are rendered wholly untenantable by reason of such occurrence or,(b)damaged,in whole or in part,to the extent fifty percent(50%)or more of the replacement cost on date of loss thereof, in the sole judgment of Lessee, then in either such event, Lessee, may repair the damage. If Lessee chooses not to repair the damage,Lessor may cancel this Lease. Notice of cancellation shall be provided within Sixty(60)days after either of the above described events occur,and thereupon this Lease shall terminate,and Lessee shall vacate and surrender the Leased Land to Lessor. 6.6 Lessee shall maintain with the Division of Risk Management,Department of Insurance, an insurance policy with limits for all claims as is reasonably acceptable to Lessor. Lessee agrees to procure fire and extended risk/commercial general insurance coverage which will afford minimum protection of not less than one million dollars($1,000,000.00)for personal injury or death in any one occurrence and of not less than one million dollars($1,000,000.00)for property damage in any one occurrence by preparing and delivering to the Division of Risk Management, Department of Insurance,a completed Florida Fire Insurance Trust Fund Coverage Request Form immediately upon completion of any improvements or structures as evidenced by the issuance of a Certificate of Occupancy by the State Fire Marshall. Lessee will provide the Division of Risk Management,Department of Insurance a certificate of such insurance each year upon renewal of same. All policies required to be carried by Lessee hereunder all evidence of insurance provided to Lessor will contain an endorsement showing that Lessor is included as an additional insured,and an endorsement whereby the insurer agrees not to cancel or alter the policy without providing at least thirty(30)days prior written notice to lessor and all other named insureds. 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 4 1 6 0 1 appropriate,necessary or required by any governmental agencies,public utilities,and companies. 6.8 Lessee will take all necessary efforts to obtain any zoning,subdivision site plan environmental audits,or building approvals on the site,or any part thereof with which Lessee may be required to comply. Lessor agrees, from time to time,to assist the Lessee in the creation and execution of such documents petitions, applications and authorizations as may be appropriate or required to submit the site,or any part thereof,for the purpose of obtaining such approvals. If for any reason zoning, easements, land development regulations or environmental issues cause the proposed use of this site unusable for the purpose intended and expressly stated herein,this Lease shall be null and void. 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 approved by Lessor,and in compliance with all applicable governmental codes and ordinances and free and clear of all claims for lien on account of unpaid labor,services, or materials. ARTICLE 7.MECHANIC'S LIENS 7.1 Lessor's interest in the premises will not be subject to lien for improvements 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 interest in the premises for payment. 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 the date on which the lien or claim of lien was filed. ARTICLE 8.ASSIGNMENT AND SUBLEASE;AGREEMENT WITH COLLIER COUNTY PUBLIC LIBRARY SYSTEM 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 unreasonably be withheld. Provided,however,Lessor understands and acknowledges that although Lessee is the tenant under this Lease, Lessee intends to sub-let portions of the Senior Resource Center Building constructed by Lessee on the Leased Land to other not-for-profit entities to carry out the uses described in Article I above,including,but not limited to the Friendship Health Center (or it's designee)to operate a medical/dental clinic in not less than 4,500 sq.ft.of the Facility. 8.2 Lessee agrees to cooperate with the Collier County Public Library to co-ordinate the programs and services described in Article 1.1 above and for the maintenance of the improvements constructed by Lessee on the Leased Land as described in Article 6.4 above and as agreed upon by Lessee and the Collier County Public Library. A mutual"operations plan"shall be created between the Lessee and the Collier County Public Library which shall be reviewed annually and updated if deemed necessary by the Lessee and the Collier County Public Library. ARTICLE 9.DEFAULT AND REMEDIES 9.1 No failure to perform any condition or covenant of this Lease shall entitle Lessor 5 16017 to terminate this Lease unless(1)such failure shall have continued for thirty(30)days after notice in writing requiring the performance of such condition or covenant shall have been given to Lessee: and(2)if such default is of such a nature that it cannot be remedied within this time,then, unless Lessee shall fail to cure such default within said period,an additional timeframe shall be reasonably granted to the Lessee in order to cure the default,provided that Lessee shall commence to cure the default within this period and thereafter shall diligently continue the curing of the default.However, 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: (i) Falsification by Lessee or an agent of Lessee of any report required to be furnished to Lessor pursuant to the terms of this Lease. (ii) Filing of insolvency,reorganization, plan or arrangement of bankruptcy. ARTICLE 10.TERMINATION AND SURRENDER 10.1 Unless otherwise mutually agreed by the parties,within thirty(30) days after termination of the Lease Term,Lessee agrees to redeliver possession of the Leased Land to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Leased Land to remove any equipment,buildings,signs and fixtures owned in,on or under the Leased Land occupied by the Lessee, provided, however, at the termination of this Lease Agreement, Lessor shall have the option of either requiring Lessee to demolish and remove all improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to require Lessee to retain said improvements on the Leased Land which improvements will become the property of the Lessor upon Lessee's vacation of the Leased Land. ARTICLE 11.GENERAL PROVISIONS 11.1 All of the provisions of the Lease shall be deemed as running with the Land and construed to be"conditions"as well as"covenants"as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 11.2 No failure by either Lessor or Lessee to insist upon the strict performance by the other of any covenant,agreement,term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such covenant, agreement,term or condition. No waiver of any breach shall affect or alter this Lease,but each and every covenant,condition,agreement and term of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach. 11.3 To the extent the proceeds and benefit of an insurance policy are not available to Lessor,Lessee shall indemnify and defend Lessor from,and hold Lessor harmless against,any claim,suit,liability,loss,damage,cost, and expense(including reasonable attorneys'fees)Lessor suffers or incurs in connection with loss of life,personal injury,or damage to property arising from 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 subject to the limits of sovereign immunity set forth in Section 768.28 of the Florida Statutes. 11.4 If Lessee shall engage in fund raising activities,Lessee will strictly comply with any and all laws and regulations applicable to fund raising activities and Lessor will not be responsible in any way for any fundraising activities or reimbursements. 6 a 3 �` 11.5 Time is declared to be of the essence of this Lease and of each provision. 11.6 This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. 11.7 Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between Lessor and Lessee,and no provisions contained in this Lease, 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 Lessee shall have no claim against Lessor as to pensions,worker's compensation,unemployment compensation, insurance, salary, wages or other employee rights or privileges granted by the operation of law or by Lessor to its officers and employees. 11.8 This Lease shall be governed by and interpreted according to the laws of the State of Florida. 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 intent of this Lease or any portion thereof. 11.10 This Lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of both the Lessor and the Lessee. Notice to the Lessor shall be addressed to: Board of County Commissioners c/o Real Property Management 3301 Tamiami Trail East Building W Naples,Florida 33962 Notice to the Lessee shall be addressed to: Collier County Senior Resource Center,Inc. c/o The Community Foundation of Collier County 2400 North Tamiami Trail Suite 300 Naples,Florida 34103 or such other place as Lessee shall notify Lessor in writing during the term of this Lease. ARTICLE 12: RADON GAS 12.1 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 7 3 1 D m County Public Health unit. IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day and year above first written. LESSOR:BOARD OF COUNTY COMMISSIONERS, g ?iemf ,„. COLLIER CO ,FLORIDA a1..arilr •Mi.�• cdutz t"tWSN ' , t/ I faC By: iii•tE: : TOW Donna Fiala,.Chairman r Date: _Tie l• cAev200f Ap b roved as to Form and Legal u ciency: Qom; ounty Attorney ►''”' Date:q•ID•Oaf • 8 . . ,„ 0 16017 LESSEE:Collier County Senior Resource Center,Inc. Wimesses: '�-` 1110 By: 111 // (1 Date: 0-11 OCk .'/I'ar . S. rem.. Prin d N. Amite tiQZiff" Printed Name STATE OF FLO19110.4 COUNTY OF /ix.f Subscribed and sworn to before me by 1:11eT-t{ l t n• S ,as of Collier County Senior Resource Center,Inc. who is -rsonally known to me or who has produced as identification and w • 'Id/. • not take an oath. WITNESS my hand and official seal this oa7,day of Al(�;� ,2009. ocaLSUSAN M.BARTON n coo ussioN uo�aa� Notary Public jsrs:..y,u,m� AI.Nwry Obr+A�aOw — -_Ii • A., i (affix notarial seal) Print Name: S\ SA .—Q jE R---n) My Commission Expires: ' / THIS INSTRUMENT PREPARED BY: KATHLEEN C.PASSIDOMO,ESQUIRE Kelly,Passidomo&Alba,LLP 2390 North Tamiami Trail,Suite 204 Naples,Florida 34103 (239)261-3453 9 411 1 6 01 7 EXHIBIT"A" 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 as depicted on the attached drawing. t0 li' 1 6 D 1 7 . 23RD AVE. SW 11 ,,;r:, : : cc ----:=2:-.7-, \1 it 11 W 111 +1 r1 + 1 +i 1� i I . ce iii W 1: it ii • n- I ,1 1r 1 r 1 1 i i .rr i � / .. 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' CH IN ICATES • .. - ._ / .1� HAT # ... , , c p _„„%��j� -• GROU LEASE AREA 6� \;�''# �`\ 1 FO „- .� THE COLLIER COUNTY N �''` SENIOR RESOURCE >4° "..\-:..,--:7, CENTER N GOLDEN GA E COMMUNITY CENTER SITE PLAN CID • OScale: 1” = 150'-0" Lease iriPS-126 Noe 1 Li 7 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 () c7-6 b e , 2013, 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 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 is 3335 East Tamiami Trail,Suite 101,Naples,Florida 34112,hereinafter referred to as"LESSOR"; WITNES SETH WHEREAS, LESSOR and LESSEE have previously entered into a County Senior Resource Center Ground Lease("Lease")dated July 28,2009;and WHEREAS,the LESSOR and LESSOR are desirous of amending that Lease;and 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: I.) Article 1.1 of the Lease is hereby deleted in its entirely and replaced with the following: During the term setforth in item 2 of this Amendment,the LESSEE shall utilize approximately 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: This Lease shall he fbr a term of three years commencing on the date this Amendment is executed by the LESSOR(Initial I.,ease Term).LESSOR and LESSEE,however, shall have the option to 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 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 afters of ten years each thereafter. If LESSEE is unable to obtain a building permit after the Initial lI..ease 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 setforth herein. LESSEE agrees to pay LESSOR the sum of One Hundred Dollars($100.00)per year and will be paid fifteen days from the date in which LESSOR executes this Amendment, and shall provide annual payments 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 Board of'County Commission c/o Real Property Management 3335 East Tann Trail,Suite 101.Naples. Florida 34112. 3.) Section 6.2 shall be 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 I.ease Agreement. / u 7 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 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 thirty (30) 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 alter thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be 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, ordinances, rules, regulations, 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 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 promptly remove the additions,improvements,alterations,fixtures and installations which were placed in. on,or upon the Demised Premises by 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. 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 otherwise 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 TILE LESSEE: COLLIER COUNTY SENIOR RESOURCE CENTER,Inc., a Florida not-for-profit Corporation DATED. / BY: 7:76404-- Witness(signature) ..12 es CO e-SA.1. toQ OC441 R— e ,e 1-414,W,t_ (Print name and title) (print IMP" Witness(signature) Zild• late---11N) (print name) AS TO THE LESSOR: DATED: 2:0- './ BOARf•0 OF' 'OUNTY C MMISSIONERS, COLLtRtJNY,FORJDA ATTEST: DWIGHT E.I3RQCK,C146( BY: GE'Rf IA A.HILLER,ESQ.,Chairwoman BY: (, u& C !Alia Alt $ - Approved as to form and legality: Jennitir A.Belpedio,Xssistant County Attorney 2 _.......,___ 1 4 ri „.., „ ,...., • ... „.„ 519,8* Golden Gate Library ! !', ; Adult Collection ? t . tti 1 i ; r-- , f I 1- ...—..—.............__ . .. .s 11 IV fr i 1 i` . ' 1 4 Ciroulation Desk , k n T Reading til ' I I Room I irr .ii Children's Collection 1 4 '. , 4 .„ IJ f 1, I r;I 4 •i ,, , • ,---- , 1 1; 1....._ . ; 1..! , h • , , . , , Bathroom 1 1 i I 1 1 4 4 ,, , c 1? f..• Z 1 1 I - .!? , MUM. rpose A ; , ? . i li 1, Z ;1 r 1 I Pl li 1 st It . .1 • ' 1' I . 1, I: /1/""""/l'' l'i 4,0 r•! I 'I -I' -- ----,--,,-----:, , , ....... •,......... i 1601 ? MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING ("MOU") i executed this day of ;e'c' (-,, b e r 2014 by and between Collier County!Senior Resource Center, Inc. d/b/a Collier Senior Resources ("CSR") and Collier County ("Collier County"), RECITALS WHEREAS, CSR is a 501(c)3 non-profit organization working to address the needs of older adults and caregivers in Collier County, Florida, concentrating specifically i 1 in providing person-focused, coordinated services to enhance the indep6ndence, dignity and quality of life of seniors in the Golden Gate community; and WHEREAS, Collier County provides a senior nutrition program ;that is sponsored by the Department of Elder Affairs through the Area Agency on Aging designed to promote better health among Collier County's elderly citizens who are 60 and over and have the greatest economic need by providing nutritious meals each weekday, supplemented by nutrition education programs to encourage more healthful eating habits at home; and WHEREAS, CSR and Collier County wish to collaborates and use their resources to providing a nutrition program at the Golden Gate Seni6r Center, 4898 Coronado Parkway,Naples,Florida and with to memorialize their understanding; AGREEMENT j NOW,THEREFORE,the parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 1 i Cq 16017 s i 2. CSR and Collier County wish to provide a nutrition program for seniors that will benefit from the combined strengths of both organizatiotis. This MOU serves to memorialize that agreement and intent. 3. Joint Collaboration. CSR and Collier County agree as follows: a) The Golden Gate Senior Center will house the nutrition!program, in an atmosphere of mutual respect and consideration for one another and the other agencies and organizations operating at this location. b) The parties will collaborate and cooperate to provide ia high quality nutrition program. c) The environment at the Senior Center shall be one of non-discrimination, { recognizing the rich diversity of the clients. 4. CSR's Contributions. CSR agrees to contribute as follows t4 the nutrition program: a) CSR shall provide a dedicated space at the Senior Center for the nutrition program, (Monday-Friday, 8am — 1:30 pm for conducting a hot lunch program for senior residents, age 60 and over). b) Arrange for necessary build-out and/or renovations as agreed upon between the parties, including the provision of electrical a4d plumbing requirements. c) Access of CSR's Program Director, who serves as an overall coordinator or programs and services at the Senior Center; d) Provide external and internal signage; e) Support the rules of Older Americans Act programs as outlined in services 2 bJ 16017 , 6 manual; understand and restrict kitchen access during meal service times only to authorized personnel and participation in the progra#n only to qualified clients. f) Staff will become knowledgeable of program and provide answeijs to inquiries and encourage participation. g) General maintenance,cleaning and upkeep for the Senior Center including facility inspection reports such as fire,health and pest contrgl on request; h) Telephone and Internet access; i) Further opportunities to collaborate with others in an effort to expand outreach and clientele. 1 j) General liability insurance coverage, subject to availability. j k) Policies and procedures appropriate for a Senior Center. 5. Collier County's Contributions. Collier County agrees to contt!ibute as follows to the nutrition program: a) Sufficient trained staff, including volunteers and back up staff in the event of staff absences, to staff the nutrition program in all respects, including nutrition education, participant assessment, reserving and !ordering meals, oversight, inspections, safe arrival, preparation, maintenance]of temperature logs of meals, refrigerator/freezer, thermometer; table set 4p, table clothes and decorations, proper meal service, delivery, clean-up including spot cleaning after meals to ensure food and liquids are cleanel up, survey and evaluations, as well as other required procedures for a side and healthy congregate meal service. b) Office, kitchen, and other equipment and supplies as required to 3 (63 1 6 1 7 support Collier County's nutrition programs and services. c) A locked donation box for voluntary and confidential cash donations by participants; d) Outreach and publicity to promote participation in the program; e) Signs and labels as needed for program compliance that are 1consistent with Collier County standards; f) Completion of an incident report for any unusual health situation or other emergency involving a client; g) Provide for updates of program to CSR staff and the GGL senior Meal Program Advisory Board as indicated. h) Be responsible for damage to the building and or damage to equipment in the building during hours of occupancy caused by senior mal participants. i) Collier County will provide One Hundred Dollars ($100.G0) to CSR each month to defray the cost of electricity; CSR shall send an invoice{to Collier County on a quarterly basis. j) Maintenance of insurance in amounts necessary to satisfy CSR and Collier County, including but not limited to general liability and workers' compensation insurance. Proof of insurance shall be a prerequisite td Collier County using the Senior Center. k) Compliance with the Golden Gate Senior Center rules, p,licies, and procedures, as amended from time to time, which inclu4e but are not limited to proper disposal of trash, cleaning the areas of the Senior Center utilized by Collier County, parking in the designated areas, ensuring that the building is properly secured (including locking extern41 doors and 4 C—) 16017 arming alarms), participating in training and meetings as reasonably required. 6. Termination. Either party may terminate this Agreement with silty(60) days prior written notice to the other party. All obligations of the parties ishall terminate on the last calendar day of the month following the date of the notice of termination. 7. Choice of Law / Venue. This Agreement shall be governed by the laws of the State of Florida. Any action brought to interpret or enforce;this agreement shall be brought in the courts serving Collier County,Florida. 8. Counterparts / Electronic Signatures. This Agreement may, be signed in Counterparts, and when taken collectively, shall be one ;and the same document. This Agreement may be signed electronically, which shall be enforceable as if the signature was original. 1 9. Indemnification. Collier County agrees to indemnify and hold! CSR harmless from any and all liabilities, claims, demands, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' *es, whether or not suit be brought and including such fees on appeals), actio; s or causes of action arising out of or relating to the use of the Senior Cdnter by Collier County and/or this Agreement. 10. Complete Agreement / Modifications /Assignment. This Agreen#ent constitutes the 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 Agreement is non-assignable by the parties and shall inure to the benefit of the parties' successors. 5 ' v 6 1 7 COLLIER COUNTY SENIOR COLLIER COUNTY RESOURCE CENTER, INC. d/b/a COLLIER SENIOR RESOURCES: L By: • A Namei4s."" ),:),Thor4 Name: T'ov .j A Title: -1-1"44/1"-"•443 Title: CA-kisitt‘t". 4k *4-3 12AcNkliA NAPLES/630834v,1 OY01Approved as to fcinn and legality • • Gifrf;43AOOktiork •-• • , ,f A stant Coon rney Afteg4tOthitnuriV „.„ ... sIgnatiretn4t3K.:0 ‘‘‘SV# 6