Agenda 11/15/2016 Item #16E 4 16:E.4
11/15/2016
EXECUTIVE SUMMARY
Recommendation to approve an Assignment and Amendment of Lease Agreement to acknowledge
the new owner of Unit 201,Court Plaza III,as it relates to a Lease Agreement with Collier County.
OBJECTIVE: An Assignment and Amendment to Lease Agreement is needed in order to acknowledge
the new owner/landlord of office space being leased by Collier County.
CONSIDERATIONS: On September 22, 2015, item 16 E 6, the Board approved a Lease Agreement
with Roger Carvallo, Trustee of the Roger Carvallo Revocable Trust, dated June 8, 1990, (Previous
Owner) for office space located in Court Plaza III, on behalf of the Collier County Health Department.
The building is located at 2671 Airport Road South,Naples,Florida.
On August 30, 2016, the Previous Owner sold the condominium office to Bigi & Bigi, LLC (New
Owner). In order to acknowledge the New Owner so that rent payments and Certificates of Insurance
may be issued to the New Owner, the Attached Assignment and Amendment of Lease Agreement
(Amendment)is required.
In addition to acknowledging the New Owner, the document is also correcting a scrivener's error in the
suite number to the correct suite of 201.
The Amendment has been reviewed by the Office of the County Attorney for legality.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
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 its
Chairman to execute the attached Assignment and Amendment of Lease Amendment between Roger
Carvallo Revocable Trust,dated June 8, 1990,and Bigi&Bigi,LLC.
Prepared by: Michael Dowling, Sr. Property Management Specialist,Facilities Management Division
ATTACHMENT(S)
1.Carvallo Bibi Assignment 2016(PDF)
2.Health HR Roger Carvallo 2015(PDF)
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16.E.4
11/15/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.4
Item Summary: Recommendation to approve an Assignment and Amendment of Lease
Agreement to acknowledge the new owner of Unit 201, Court Plaza III, as it relates to a Lease Agreement
with Collier County.
Meeting Date: 11/15/2016
Prepared by:
Title: Property Management Specialist, Senior—Facilities Management
Name: Michael Dowling
10/21/2016 11:02 AM
Submitted by:
Title: Division Director-Facilities Mgmt—Facilities Management
Name: Dennis Linguidi
10/21/2016 11:02 AM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 10/21/2016 2:25 PM
Facilities Management Dennis Linguidi Additional Reviewer Completed 10/25/2016 10:50 AM
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 10/25/2016 3:51 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/31/2016 9:02 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 11/01/2016 1:54 PM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 11/02/2016 8:40 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/02/2016 11:15 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 11/02/2016 1:22 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/06/2016 5:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 11/15/2016 9:00 AM
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16.E.4.a
ASSIGNMENT AND AMENDMENT
OF LEASE AGREEMENT
This Assignment and Amendment of Lease Agreement is dated this of
, 2016, by and between ROGER CARVALLO, Trustee of the Roger Carvallo
Revocable Trust, dated June 8, 1990, hereinafter referred to as `Assignor,' BIGI & BIGI, LLC, a Florida
Limited Liability Company, whose mailing address is 144 Governors Hill Road, Oxford, CT 06478,
hereinafter referred to as `Assignee,' 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 on behalf of Collier County Health Department, hereinafter referred to as
"LESSEE,"collectively stated as the"Parties."
RECITALS:
WHEREAS, on September 22, 2015 the ROGER CARVALLO, Trustee of the Roger Carvallo
Revocable Trust, dated June 8, 1990 and COLLIER COUNTY entered into a Lease Agreement, dated a,
September 22, 2015, for office space located at 2671 Airport Road, Naples, Florida (hereinafter referred y
to as the Premises); and
WHEREAS,on August 30,2016 the Premises were conveyed to BIGI&BIGI,LLC; and rt
WHEREAS,Assignor desires to assign all of his rights, title and interest in the Lease Agreement o
to Assignee as of the date of conveyance as well as amended the Lease Agreement to correct a scrivener's
error in the suite number in the address of the Premises. N
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NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and valuable
consideration, the receipt and sufficiency of which is hereby mutually acknowledged, the Parties agree as N
follows:
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1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. Assignor hereby assigns the Lease and all of its right, title and interest thereunder to Assignee.
3. Assignee hereby accepts such assignment. Assignee shall have all of the rights of Assignor m
under the Lease including, without limitation. 2
4. Assignee hereby assumes and agrees to be bound by all of Assignor's obligations under the
Lease. Assignee shall perform all the terms, covenants and conditions of the Lease.
5. This Assignment shall be binding upon and shall inure to the benefit of the Assignee and
COLLIER COUNTY and their respective heirs, legal representatives, successors and assigns.
6. Article 1 of the Lease Agreement,attached hereto is amended to read as follows:
ARTICLE I. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR, for the benefit
of the Collier County Health Department, approximately 2,500 square feet of office space located at Court
Plaza III, Suite 202 201, 2671 Airport Road, Naples, Florida, hereinafter referred to as the `Demised
Premises,' for the sole purpose of operating a government office.
LESSEE covenants and agrees not to use, occupy, suffer, or permit said Demised Premises or any 0
part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public
authority.
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16.E.4.a
IN WITNESS WHEREOF, the Parties have executed this Assignment and Amendment the date
first written above.
CDATED: ? . .2 ,..) / (- ASSIGNOR:
WITNESSES:
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ATTEST: BOARD OF COUNTY COMMISSIONERS E
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DATED: COLLIER COUNTY, FLORIDA 0
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DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk DONNA FIALA, Chairman
CApproved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney 2) ,,2,\
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16.E.4.b
Lease#HD - / 0
LEASE AGREEMENT
THIS LEASE AGREEMENT (Tease') entered into this 7, day of , 2015,
between ROGER CARVALLO, Trustee of the Roger Carvallo Revocable Trust, dared June 8, 1990,
whose mailing address is 121 Baltusrol Drive, Naples, Florida 34113-8322, hereinafter referred to as
"LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing
address is c/o Real Property Management, 3335 East Tamiami Trail, Suite 101,Naples, Florida 34112,
on behalf of the Collier County Health Department,hereinafter referred as"LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein,and other valuable consideration,the
parties agree as follows:
ARTICLE 1. Demised Premises •zz
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR, for the benefit CO
of the Collier County Health Department, approximately 2,500 square feet of office space located at
Court Plaza III, Suite 202, 2671 Airport Road, Naples, Florida, hereinafter referred to as the "Demised
Premises", for the sole purpose of operating a government office.
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LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or
any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of
any public authority.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of five years, commencing on
October 1,2015 and ending September 30, 2020. LESSEE is granted the option,provided it is not then
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in default of any of the terms of this Lease, to renew same automatically for additional annual terms re
under the terms and conditions as provided herein.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon
ninety (90) days prior written notice of such termination to LESSOR at the address set forth in
ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR.
ARTICLE 3. Rent
LESSOR shall grant LESSEE occupancy of the Demised Premises from September 22, 2015 to
September 30, 2015 without rent in order to assist LESSEE to prepare the space for LESSEE'S
occupancy.
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of
Thirty-six Thousand Dollars and 00/100 Cents ($36,000.00), commencing on October 1, 2015, to be
paid in equal monthly installments of Three Thousand Dollars and 00/100 Cents($3,000.00) each; the
LESSEE is tax exempt.
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16.E.4.b
LESSEE shall provide LESSOR with the first month's rent payment, in advance, within ten
days from LESSOR'S execution of this Lease.
All rental payments shall be due and payable in advance on the first day of every calendar
month during the term hereof. If the terms of this Lease shall commence on a day other than the first
_ day of the month, LESSEE shall pay rental equal to one thirtieth (1/30th) of the monthly rental
multiplied by the number of rental days of such fractional month.
ARTICLE 4. Renewal Term Rent
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set
forth in ARTICLE 3 shall be increased for the ensuing one year renewal by 3%compounded annually.
ARTICLE 5. Other Expenses and Charges E
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LESSEE shall pay all janitorial services, electrical utilities, and communications services N
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pertaining to the Demised Premises. LESSEE shall pay for any additions to the existing electrical
system should it require to upgrade the service currently in place at the Demised Premises. cc
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LESSEE shall be required to procure and pay for an annual air-conditioning maintenance
contract to also include the cost of any Freon required. LESSEE shall also replace the air-conditioning c.)
filters within the Demised Premises at its sole cost and expense. co
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LESSOR shall be solely responsible for the cost of any repairs or replacement of the air- 'n
0conditioning system,plumbing and electrical systems,and pest control at the Demised Premises. o
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ARTICLE 6. Modifications to Demised Premises
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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 o
additions to the Demised Premises for LESSORS prior written approval, specifying in writing the
nature and extent of the desired alteration, improvement, change, or addition, along with the =
contemplated starting and completion time for such project. LESSOR or its designee will then have
sixty (60) days within which to approve or deny in writing said request for changes, improvements, co
alterations or additions. LESSOR shall not unreasonably withhold its consent to required or 45
appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60)
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days there has been no written rejection delivered by LESSOR to LESSEE regarding_said proposals or v
plans,then such silence shall be deemed as an APPROVAL to such request of LESSEE. (42
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LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable
laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida,
County of Collier, and any and all governmental agencies having jurisdiction over the Demised
Premises.
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All alterations, improvements, and additions to said Demised Premises shall at once, when
made or installed, be deemed as attached to the freehold and to have become property of LESSOR.
Prior to the termination of this Lease or any renewal term thereof, or within thirty(30) days thereafter,
if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, "
fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of
LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised
Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at
LESSEE'S expense.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after
reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at
all reasonable hours for the purpose of examining same and making repairs or janitorial service therein,
and for the purposes of inspection for compliance with provisions of this Lease.
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ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any other persons, other than another County agency, to occupy same
without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with
the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums 0
herein provided or from the obligation to keep and be bound by the terms,conditions and covenants of
this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of N
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the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the
Demised Premises. LSI
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ARTICLE 9. Indemnity and Insurance
To the extent legally possible, the parties will continue the insurance arrangements in effect at
the time of the commencement of this Lease, adjusted only so far as necessary to account for their o
change in legal position vis-a-vis. cc
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ARTICLE 10. Maintenance
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LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If
said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in a
writing. If corrective action is not taken within thirty(30) days of the receipt of such notice, LESSOR
will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary
cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within
thirty(30) days of receipt of written notice of costs incurred by LESSOR.
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written
notice to LESSEE, unless the default be cured within that notice period (or such additional time as is
reasonably required to correct such default).
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ARTICLE 12. Default by LESSOR
CLESSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90)
days (or such additional time as is reasonably required to correct such default)after written notice from
LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations.
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSEE: LESSOR: c
Board of County Commissioners Roger Carvallo
do Real Property Management 121 Baltusrol Drive rn
3335 East Tamiami Trail Naples,Florida 34113-8322 0
Naples,Florida 34112
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cc: Business Manager,Collier County a
Health Department
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ARTICLE 15. Surrender of Premises ••
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LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the
0 Demised Premises upon expiration of this Lease,or its earlier termination, broom clean and in as good o
condition and repair as the same shall be at the commencement of the term of this Lease or may have o
been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage Ti
by fire or the elements beyond LESSEE'S control excepted. L,
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ARTICLE 16. General Provisions
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LESSEE fully understands that the police and law enforcement security protection provided by z
law enforcement agencies to the Demised Premises is limited to that provided to any other business or Y
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agency situated in Collier County, and LESSOR acknowledges that any special security measures
deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and .;.:
cost of LESSEE and shall involve no cost or expense to LESSOR. E
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LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the as
Demised Premiseswhich would interfere with or adversely affect the operation and maintenance of a
LESSOR'S standard operations as well as the LESSOR'S right to make improvements upon the
Demised Premises as deemed necessary by LESSOR.
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16.E.4.b
- ARTICLE 17. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following: "ket
Radon is is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your County Public Health
Department.
ARTICLE 18. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE. 4E'
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ARTICLE 19. Governing Law
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This Lease shall be governed and construed in accordance with the laws of the State of Florida.
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IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
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AS TO THE LESSOR:
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DATED q L2 13-
By:
RoG. - A-RVALLO, Trustee of the Roger Carvallo CNI
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> Revocable Trust dated June 8, 1990
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LESSEE'S signature appears on the following page.
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AS TO THE LESSEE:
DATED: ? Z -
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY.FLORIDA
ATTEST:
DWIGHT E. -BROCK,Clerk
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By: / aiBy
D•puty • erk TIM NANCE, Chairman
Attest as to Chairman
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Appro e orm and legality:
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JeffreyV latzkow, County Attorney
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