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Backup Documents 07/11/2017 Item #16F 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP - ., TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN 1 ti Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded t e I At ey Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in[lir County Attorney Office no Mer than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines 41 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines 41 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routine order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office IC1,11C Ia(0''--) 4. BCC Office . Board of County • Commissioners ;;:\ �� \7ct \--‘ 5. Minutes and Records Clerk of Court's Office a i2R f,q- I:/' 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 Phone Number / Contact/ Department Ifedit C L .1 v 4( 17 7 V 3 Agenda Date Item wasAgenda Item Number Approved by the BCC 7 /`, t -7 / 41 r. / Al Type of DocumentNumber of Original Attached (e -7S L 44, 'C' �-7' -'Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Apylicablle) 1. Does the document require the chairman's original signature? ✓ _rvrvll J 2. Does the document need to be sent to another agency for ad ional signatures? If ye , i\i / A provide the Contact Information(Name;Agency; Address; F'kone) on an attach eet. 3. Original document has been signed/initialed-for legal sufficiency. (All-documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. Pi ) n A. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's / Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the �' document or the final negotiated contract date whichever is applicable. • o . 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 /N 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 aware of your deadlines! Y _ 8. The document was approved by the BCC on y/I(( enter date)and all changes made .L.,04�-g:: during the meeting have been incorporated in the attached document. The Countye,u o:e-- .21:7*--__R Attorney's Office has reviewed the changes, if applicable. in-co-mit 9. Initials of attorney verifying that the attached document is the version approved by the 4i K' BCC,all changes directed by the BCC have been made, and the document is ready for the . .. .A .111,WME Chairman's signature. 1.° = I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 126.05,Revised 2.24.05;Revised 14/30/12 1 6 F G ,n►ii� '�' • Memorandum , I '0(I/O R 10P To: Minutes and Records Clerk to the Board i) From: Michael Dowling Senior Property Management Specialist Real Property Management Date: September 19, 2017 Subject: LEASE AGREEMENT Patriot Place — TWO COPIES BCC: July 11, 2017, Item 16 F 1 Please attest and provide me with one original and an electronic copy of the referenced document. You may retain one of the originals for your records. Please contact me at extension 8743 with any questions. Thank you and best regards, Michael 16F1 MEMORANDUM Date: October 2, 2017 To: Michael Dowling, Sr. Property Management Specialist Real Property Management From: Ann Jennejohn, Deputy Clerk Minutes and Records Department Re: Lease Agreement with Patriot Place Trust for space that will be used by the Sheriff's Office for its District 5 Substation Attached for your records is an original copy of the agreement, referenced above, (Item #16F1) approved by the Board of County Commissioners on July 11, 2017. The second original agreement will be held by this department for the Board's Official Record. If you have any questions, please feel free to contact me at 252-8406. Thank you. Attachment Lease# I 6 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this 11th day of July, 2017, between PATRIOT PLACE TRUST, whose mailing address is 13245 Tamiami Trail East, Suite 101, Naples, Florida 34114, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Naples, Suite 101, Florida 34112, hereinafter referred as "LESSEE". WITNES SETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 2,500 square feet of office space, indoor storage area, and outdoor vehicle parking located at 13245 East Tamiami Trail, Naples, Florida 34114, as seen on Exhibit 'A' which is attached hereto and made a part of this Lease, for the sole purpose of operating a government office. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of three (3) years (`Initial Term') commencing on September 15, 2017 and ending September 14, 2020. LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to automatically renew same for three (3) additional terms of one (1)year each,under the terms and conditions as provided herein. LESSEE, however, reserves the right to terminate this Lease, any time after the Initial Term, with or without cause, upon one hundred and eighty days (180) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or holding rent. LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt status. ARTICLE 3. Rent LESSEE hereby covenant's and agrees to pay as base rent for the Demised Premises the sum of Thirty-one Thousand Two Hundred Dollars ($31,200.00)for the first year's rent to be paid in equal monthly installments of Two Thousand Six Hundred Dollars ($2,600.00). All rental payments shall be due and payable in advance on the first day of every calen�Apr 1 during the term hereof. If the terms of this Lease shall commence on a day other than the first y e 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. The annual rent for all renewals thereto shall be calculated as described in Article 4 below. ARTICLE 4. Renewal Term Rent Following the first full year of occupancy, the annual rent shall be increased by three percent (3%) compounded for each year throughout the life of the lease. ARTICLE 5. Other Expenses and Charges In addition to the monthly rent, the LESSEE shall pay LESSOR an additional Ninety-eight Dollars ($98) per month for Common Area Maintenance fees. This amount shall be increased annually by three percent(3%) compounded for each year throughout the life of the lease. LESSEE shall pay all costs associated with electricity, telephone and communications charges, interior janitorial, trash removal, interior pest control, air-conditioning maintenance,replacement, and filters. LESSOR shall be responsible for all elements of the maintenance and repair of the building, exterior landscaping and irrigation, exterior pest control, and those items within the Demised Premises not stated above, including but not limited to electrical systems. LESSOR shall provide and pay for water/sewer monthly charges at the Demised Premises, however, if LESSEE should exceed normal water usage, which has been established by LESSOR at the commencement of this Lease to be $300.00 per month, LESSOR may invoice LESSEE on a monthly basis for LESSEE'S overage of the established amount for water use and those invoices shall be provided to LESSEE showing the consumption for the Demised Premises. ARTICLE 6. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies having jurisdiction over the Demised Premises. 2 16F1 All alterations, improvements, and additions to the Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons, other than another County agency, to occupy 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 herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. Indemnity and Insurance Subject to the limitations of Section 768.28, Florida Statues, LESSEE shall indemnify and save harmless the LESSOR from and against any and all claims, actions and suits, and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which LESSOR may sustain or incur to the extent arising from the negligent act or negligent omission of LESSEE or its agents, contractors or employees. LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims, actions and suits, and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which LESSEE may sustain or incur due to the sole negligent act or negligent omission of LESSOR. LESSEE shall maintain during the course of this Lease, or any renewal thereof, comprehensive general liability coverage including bodily injury and property damage, premises and operations coverage, products and completed operations coverage, broad form property damage coverage, automobile liability coverage including owned automobiles, non-owned automobiles and hired automobiles and contractual liability coverage in an amount of not less than One Million and 00/100 Dollars ($1,000,000.00) combined single limits. If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable State and Federal laws. The policy must include Employer's Liability with a limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) each accident. 3 16F1 LESSOR and LESSEE on behalf of themselves and all others claiming under them, including any insurer, waive all claims against each other, including all rights of subrogation, for loss or damage to their respective property (including, but not limited to, the Demised Premises) arising from fire, smoke damage, windstorm, hail, vandalism, theft, malicious mischief and any of the other perils normally insured against in an "all risk" of physical loss policy, regardless of whether insurance against those perils is in effect with respect to such party's property and regardless of the negligence of either party. If either party so requests, the other party shall obtain from its insurer a written waiver of all rights of subrogation that it may have against the other party. LESSEE shall give prompt notice to LESSOR in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. LESSEE hereby acknowledges that LESSOR shall not be liable for any interruption to LESSEE's business for any cause whatsoever, and that LESSEE shall obtain business interruption insurance coverage should LESSEE desire to provide coverage for such risk. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default by LESSOR Failure of LESSOR to comply with any provision or covenant of this Lease shall constitute a default and LESSEE may, at LESSEE'S option, terminate this Lease after thirty (30) days written notice to LESSOR, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). 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: Board of County Commissioners Mr. Christopher Morra do Real Property Management Patriot Place Trust 3335 Tamiami Trail East 13245 Tamiami Trail East, Suite 101 Naples, Florida 34112 Naples, Florida 34114 4 1 6 F1 ARTICLE 14. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 16. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 17. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. Signatures appear on the following page. 5 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. 16F1 AS TO THE LESSOR: PATRIOT PLACE TRUST DATED: WITNESSES: BY: CHRISTOPER P. MORRA, as Trustee V, ESS (signature) .1 ) print name G- (k,v\ th T WITNESS (signature) ALCV v\ G oS S- .Q` print name AS TO THE LESSEE: DATED: /- / / BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROOK, Clerk BY: akijA , 1 QC , BY: Deputy Cler ,^' PENNY TAYL , Chairma� Attest as to C signature only. Approved as to form and legality: Jennifer A. Belpedio, Assi,. i County Attorney \r} 2 COY' Q\ 6 6 Exhibit 'A' 13245 Tamiami Trail East Naples, Florida 34114 Suite 100 S.V.. 1_... ___ ,,. ) JI1_11 T;-1" EXIS T T. RM.