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Backup Documents 10/24/2017 Item #16B 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 B 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 forwarded 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 Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional siguOires,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routinglines#1 through#2;complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAB 10/24/17 4. BCC Office Board of County Commissioners \AC'S/ 1\\--Z-A\k--\ 5. Minutes and Records Clerk of Court's Office -z�t '63pen 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 Debrah Fores r County 239-331-32 6 Contact/ Department Redevelopment Agency Agenda Date Item was 10/24/17 Agenda Item Number 16B2 Approved by the BCC Type of Document Lease Number of Original One Attached Documents Attached PO number or account n/a number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,w ' ' er is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signat - STAMP e JAB 2. Does the document need to be sent to another agency for ass' '•11,signatures?'If yes, NA 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 JAB signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's NA 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 JAB document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA 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! 8. The document was approved by the BCC on 10/24/17 and all changes made during JAB the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the AB BCC,all changes directed by the BCC have been made,and the document is ready for th Chairman's signature. !v. 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 1 6 B2 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Tuesday, November 28, 2017 9:04 AM To: 'debrahforester@colliergov.net' Subject: Agenda Item #16B2 (10-24-2017 BCC Meeting) Attachments: Backup Documents 10_24_2017 Item #16B 2.pdf Hi Debralh, An executed copy of Item 41-6132, from the Board's October 24, 201-7 Meeting, is attached For your records. Tlnavtk you. Avtvt Jevtvtejolhvt, Deputy Clerk Clerk of the Circuit Court Clerk to the Value Adjustmevtt Board Collier Couvtty Board Mivtutes & Records Dept. 239-252-84O6 Fax 239-252-8408 1 6 6 2 REGION 24 SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD LEASE AGREEMENT LEASE NO.: THIS LEASE AGREEMENT (this "Lease") is made and entered into as of this a-,+ day of QcAte(1lfti , 2017 between Southwest Florida Workforce Development Board, Inc., a Florida not-for-profit corporation ("Lessor"), having an address of 9530 Marketplace Road, Unit 104, Fort Myers, FL 33912 and whose Federal Identification Number (F.E.I.D. or S.S.) is 65-0778245, and the Board of County Commissioners of Collier County, Acting as the Community Redevelopment Agency ("Lessee"), having an address of 3299 Tamiami Trail,Naples, Florida 34112. WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by Lessee, has demised and leased to Lessee, for the term and under the conditions hereinafter set out, those certain premises located in the CareerSource Southwest Florida building located at 750 South Fifth Street, Immokalee, FL 34142, described as follows: 500 square feet of the building comprised of Rooms 727, 728, 730, and 731 as designated by Lessor and a portion of the shared data room as designated by Lessor for Lessee's equipment, located at 750 South 5th Street, Immokalee, Florida 34142 ("Premises") at the rental rate set forth herein. Article 1. TERM The initial term of this Lease ("Initial Term") shall commence on November 1, 2017 ("Commencement Date")and,unless sooner terminated pursuant to the terms of this Lease, shall expire on March 31, 2018. The Initial Term, together with any applicable Renewal Term as described in Article 18, is referred to herein as the "Term". Article 2. RENT a. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the Premises for the Term set out in this Lease. From and after the Commencement Date, Lessee agrees to pay as rent to Lessor without notice, demand, deduction, or set off whatsoever, in lawful United States currency, the rental amount stated in Addendum "A" per month for the Term ("Rent") and, if applicable,the sum as specified in Addendum "A" for the Renewal Term as provided in Articles 1 and 18 of this Lease, together with any additional rent described herein. Rent for any fractional part of the first month shall be prorated. Rent shall be paid to Lessor on the first day of the month at the following address (or at such other address as Lessor may designate from time to time): Southwest Florida Workforce Development Board, Inc. Attention: Michael Egan, Fiscal Director 9530 Marketplace Road, Unit 104 1682 Fort Myers, Florida 33912 b. Lessor reserves the right to impose a 5% late charge upon each rent installment not received by Lessor by the tenth of each month in addition to any and all other rights and remedies available under this Lease and applicable law for a Lessee default. c. In addition to the Rent payment, Lessee shall pay the sum of $N/A per month, which shall represent Lessee's share of the collocated costs for the rental period. Article 3. HEATING,AIR CONDITIONING AND JANITORIAL SERVICES a. Except for damage caused or repairs made necessary by Lessee, Lessor agrees to furnish to Lessee heating and air conditioning equipment and maintain same in satisfactory operating condition at all times for the Premises during the Term at the expense of Lessor. Lessee shall be solely responsible for any maintenance,repairs,or replacements caused or made necessary by Lessee its officers, agents, employees, or guests. b. Lessor agrees to furnish its standard janitorial services and reasonably necessary janitorial supplies including the provision of recycling and trash disposal for the Premises during the Term of the Lease at the expense of Lessor. c. All services required above shall be provided during Lessee's normal working hours, which are normally from 7:30 a.m. to 5:30 p.m., Monday through Friday, excluding state holidays. Article 4. LIGHT FIXTURES a. Lessor agrees to install in the Premises light fixtures for the use of Lessee. b. Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters used in such fixtures existing at the Premises on the Commencement Date for the purpose of furnishing light (unless damaged by Lessee, its officers, agents, employees, or guests, in which case Lessee shall be responsible therefor). Article 5. MAINTENANCE AND REPAIRS a. Lessor shall provide for structural maintenance and repairs in accordance with generally accepted good practices, and shall also be responsible for any required: (i) interior repainting; (ii) repairs or replacement of worn floor covering; and (iii) repairs or replacement of interior equipment that existed within the Premises prior to the Commencement Date, all as the foregoing may be necessary due to ordinary, reasonable usage, and specifically excluding any damage caused by or repairs and/or replacements made necessary by Lessee, its officers, agents, employees, or guests (Lessee being solely responsible for the same). Lessee shall, during the Term, keep the interior of the Premises in as good a state of repair as it existed on the Commencement Date, reasonable wear and tear and natural casualties excepted. 2 ;- -, 1 682 b. Lessor shall maintain and keep in repair the exterior of the Premises during the Term and shall be responsible for the replacement of all windows broken or damaged in the Premises, except such breakage or damage caused to the exterior of the Premises by Lessee, its officers, agents, employees, or guests (Lessee being solely responsible for the same). c. Except for modifications installed by Lessee and Lessee's equipment and trade fixtures, Lessor shall ensure the Premises, including grounds and parking areas, conform to all applicable health and safety laws, ordinances, and codes (excepting any laws, ordinances, and codes where the Premises would be deemed "grandfathered-in" due to having been constructed prior to enactment). d. Lessor agrees to furnish ordinary pest control services for the Premises during the Term at the expense of Lessor. e. Lessee agrees to promptly make, at Lessee's sole expense and to the satisfaction of Lessor, any and all repairs and/or replacements of any damage to the Premises caused by Lessee, its officers, agents, employees, or guests. Article 6. UTILITIES Lessor will promptly pay all gas, water, sewer, solid waste, power and electric light rates or charges which may become payable during the Term for the gas, water, sewer and electricity used and disposal of solid waste generated by Lessee on the Premises(excepting any extraordinary use by Lessee of any of the foregoing, as reasonably determined by Landlord, which shall be the responsibility of Lessee). The foregoing notwithstanding, Lessee shall pay for all separately metered utilities including, without limitation, telephone, internet, satellite, and other data or wireless charges. Article 7. ACCESSIBILITY STANDARDS AND ALTERATIONS a. To the best of Lessor's knowledge, the Premises now conform, or that prior to Lessee's occupancy, said Premises shall, at Lessor's expense, be brought into conformance with the requirements of the Florida Americans With Disabilities Accessibility Implementation Act, Section 553.501 - 553.513, Florida Statutes, and the current Florida Disability Code for Building Construction, providing requirements for persons with disabilities and with the requirement of Public Law 101-336 enacted July 26, 1990, effective January 26, 1992, Section 28 CRF Part 35 and Appendix to Section 36 CRF Part 1191, known as the "Americans with Disabilities Act of 1990." b. Lessee shall have the right at its sole cost and expense to make non-structural alterations in and to the interior of the Premises during the Term upon first having obtained the written consent thereto of Lessor. Lessor shall not unreasonably withhold the consent to any such non-structural, interior alterations. Subject to Section 768.28, Florida Statutes, Lessee shall indemnify, defend, and hold Lessor harmless from and against any and all claims, costs, damages, and liabilities related to any alterations or modifications which Lessee makes to the Premises. 3 1 682 Article 8. INJURY OR DAMAGE TO PROPERTY ON PREMISES All property of any kind of Lessee or its officers, agents, employees, or guests that may be on the Premises or other property of Lessor during the Term shall be at the sole risk of Lessee, and except for any gross negligence or willful misconduct of Lessor, Lessor shall not be liable to Lessee or its officers, agents, employees, or guests for loss or damage to such property. Lessee shall also give prompt notice to Lessor in case of casualty or accidents in or about the Premises. Article 9. FIRE AND OTHER HAZARDS; RADON a. In the event that the Premises, or the major part thereof, are destroyed by fire, lightning, storm or other casualty, Lessor at its sole and absolute option may forthwith repair the damage to the Premises at its own cost and expense using any insurance proceeds procured therefor. Unless caused by Lessee or Lessee's officers, agents, employees, or guests, the Rent thereon shall cease until the completion of such repairs and Lessor will refund the pro rata part of any Rent paid in advance by Lessee prior to such destruction. Should the Premises be only partly destroyed, so that the major part thereof is usable by Lessee,then the Rent shall abate to the extent that the injured or damaged part bears to the whole of such Premises and such injury or damage may, at Lessor's sole and absolute option be restored by Lessor as speedily as is practicable and upon the completion of such repairs,the full Rent shall commence and the lease shall then continue the balance of the term. In no event shall Lessor be obligated to incur any costs or expenses for repair or replacement of the Premises beyond that which is recoverable from Lessor's insurance policies, if any. b. Lessor shall provide for fire protection equipment during the Term in accordance with the applicable fire safety standards of the State Fire Marshal. Except for damage caused by Lessee, Lessor shall be responsible for maintenance and repair of all fire protection equipment necessary to conform to the applicable requirements of the State Fire Marshal. Lessor and Lessee agree that the Premises shall be available for inspection by the State Fire Marshal, prior to occupancy by Lessee, and at any reasonable time thereafter. Notwithstanding the foregoing,in the event the Premises does not conform in any way due to some act of Lessee (including, without limitation,placement or installation of furniture, fixtures,or equipment),Lessee shall immediately correct the same at Lessee's sole cost. c. Lessor certifies it has no actual knowledge that asbestos was used in the construction of the Premises. d. Radon is a naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities,may present health risk 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 the county public health unit. This notice is given pursuant to Section 404.056(8), Florida Statutes. e. Lessee shall not keep or store any hazardous chemicals or other substances upon the Premises without Lessor's prior written consent, which consent may be withheld in Lessor's sole and absolute discretion. 4 1 6 8 2 Article 10. EXPIRATION OF TERM a. At the expiration of the Term,Lessee will peaceably yield up to Lessor the Premises in good and workmanlike repair,reasonable and ordinary wear and tear excepted. It is understood and agreed between the parties that Lessee shall have the right to remove from the Premises all personal property of Lessee and all trade fixtures,machinery, equipment,and appliances placed or installed on the Premises by Lessee, provided Lessee restores the Premises to as good a state of repair as they existed prior to installation. b. Should Lessee continue in occupancy of the Premises after expiration of this Lease, Lessee shall become a tenant from month to month upon each and all of the terms herein provided, and any such holding over shall not constitute a renewal or extension of this Lease. During any such holding over Lessee shall pay Rent in an amount which is the same amount which was payable by Lessee immediately prior to such holding over in accordance with Florida Statutes, plus all other amounts due hereunder, with sales tax thereon. Nothing herein shall be constructed to eliminate or diminish Lessor's ability to terminate this Lease at the expiration of the Term. Article 11. SUBLETTING AND ASSIGNMENT a. Lessee shall have no right to sublet all or any part of the Premises or to assign this Lease in whole or in part without obtaining prior the written consent of Lessor,which consent may be granted or withheld in Lessor' sole and absolute discretion. Lessor may, without notice to or the required consent from Lessee, assign this Lease in connection with any sale or transfer of the property comprising the Premises and Lessee shall attorn to Lessor's successor and remain bound by the terms and conditions of this Lease. Article 12. WAIVER OF DEFAULTS All waivers under this Lease must be in writing and the waiver by either party of any breach of this Lease by the other party shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease. Article 13. RIGHT OF LESSOR TO INSPECT Lessor, at all reasonable times, may enter into and upon the Premises for the purpose of viewing and inspecting the same and for the purpose of making any such repairs as they are required to make under the terms of this Lease. Lessor may enter the Premises at any time in the event of an emergency. Article 14. DEFAULT a. Monetary Default. If Lessee shall fail to pay rent or any other sums under this Lease within fifteen (15) days of the date when due under this Lease, then Lessee shall be in 5 1 682 immediate default hereunder without notice and Lessor shall have those remedies set forth in subsection d. b. Non-Monetary Defaults. If Lessee fails to perform any of the other non-monetary covenants, duties, agreements, undertakings or terms of this Lease, Lessor shall give Lessee thirty (30)days written notice to cure the same or to commence to cure the same and diligently prosecute to completion if the same cannot be cured within a thirty(30) day period. If Lessee does not cure the breach or begin to take such material steps and institute and diligently prosecute to completion such actions as will cure such breach(if same cannot be cured)within thirty(30)days after Lessor gives notice, then Lessee shall be immediately in default hereunder without further notice and Lessor shall have those remedies set forth in subsection d below. c. If the Premises are deserted,vacated,or not used then Lessee shall have twenty(20) days to cure such non-use after notice thereof from Lessor, failing which Lessee shall be in immediate default hereunder without further notice and Lessor shall have those remedies set forth in the subsection d below. The foregoing shall apply even though Lessee may continue to pay rent or other charges during the period of non-use. d. If the Lessee is in default under this Lease then the Lessor, in addition to all the rights and remedies granted under the laws of the State of Florida and not as a limitation thereof, shall have any or all of the following rights: (1) to re-enter and remove all persons and property from the Premises, and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee; (2) to terminate the Lease and relet the Premises for account of Lessor or within the sole discretion of Lessor the Premises may be relet for the account of the Lessee; and(3)to accelerate all rent and any other monies due Lessor under the Lease for the balance of the Term and declare the same to be immediately due and payable. All rights and remedies granted to Lessor hereunder shall be cumulative and may be exercised concurrently or successively. Failure to exercise any right or remedy shall not constitute a waiver thereof, nor prevent any subsequent or concurrent resort to any right or remedy. Upon default by Lessee under this Lease, Lessee shall pay all attorney's fees and costs of Lessor in connection with said default prior to any litigation. In connection with any litigation proceedings arising under this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs at all levels of litigation. Article 15. ACKNOWLEDGMENT OF ASSIGNMENT Lessee upon the request of Lessor shall execute such acknowledgment or acknowledgments,or any assignment,or assignments,of rentals and profits made by Lessor to any third person, firm or corporation, provided that Lessor will not make such request unless required to do so under a mortgage, or mortgages executed by Lessor. Article 16. TAXES, INSURANCE AND BROKER COMMISSIONS a. Lessor shall pay all real estate taxes and fire insurance premiums on the Premises. Lessor shall not be liable to carry fire insurance on the person or property of Lessee or any other person or property which may now or hereafter be placed in the Premises. Lessee shall maintain 6 1 662 comprehensive general liability insurance naming Lessor as a non-contributory additional insured with coverages no less than $1,000,000.00 per occurrence. Lessee shall deliver proof of such insurance no later than thirty (30) days after the Commencement Date and on each annual anniversary thereof during the Term. Lessee shall pay personal property taxes applicable to its equipment and furnishings and shall maintain insurance on the property of Lessee. b. Lessor and Lessee represent and warrant that they have not utilized the services of any broker. No commission will be due from Lessor or Lessee to any third party, and Lessor and Lessee hereby subject to Section 768.28, Florida Statutes indemnify and hold each other harmless from any liability, loss, claim, damage, cost or expense (including reasonable attorneys' fees at trial and on appeal)relating to any other broker claiming by or through such party. c. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the Rent payable pursuant to Article 2 of this Lease Agreement is at an increased rate, above the going rate of the building, based on or attributable to any commission or fee which is paid or is payable by Lessor as the result of Lessor's having utilized or contracted for the services of any real estate broker, salesman, agent or firm in any aspect of Lessor's dealings or any dealings involving the leasing of the Premises to Lessee. Article 17. USE OF PREMISES Lessee will not make or suffer any unlawful, improper or offensive use of the Premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such ordinances of the city and/or county in which the Premises is located, now or hereinafter made, as may be applicable to Lessee. Subject to the foregoing, Lessee shall use the Premises only for a general corporate office and training consistent with applicable laws, ordinances, and zoning codes and shall not use the Premises for any other purpose without Lessor's prior written consent, which consent may be granted or withheld in Lessor's sole and absolute discretion. Article 18. RENEWAL Provided Lessee is not in default at the end of the Term and has not been in default of this Lease on more than two (2) occasions in any twelve (12) month period (regardless of any applicable cure or cure period) during the Term, Lessee is hereby granted the option to renew this Lease, at the discretion of Lessee, for an additional period of one year ("Renewal Term"). All terms and conditions of this Lease are to remain the same during the Renewal Term and in full force and effect, except that the monthly rent due from Lessee shall be as set forth in Addendum "A". If Lessee desires to renew this Lease under the provisions of this Article, Lessee shall give Lessor written notice not less than three (3) months prior to the expiration of the Term or any applicable renewal term. Lessee's failure to timely so notify Lessor in the above manner shall automatically be deemed Lessee's waiver of Lessee's option for the Renewal Term. Article 19. TERMINATION AND AVAILABILITY OF FUNDS Lessee shall have the right to terminate, without penalty, this Lease provided that a ninety (90) day advance written notice of intent to terminate is given, prior to termination, to Lessor. If 7 1 682 the Federal Government or the State of Florida does not contract with or provide funds to continues the services at the Immokalee One Stop, to Lessee and Lessee must cease to operate, this Lease Agreement will be terminated and Lessee must vacate the Premises as of the date of expiration of the contract or discontinuance of funding. Lessee must provide Lessor with written substantiation as to the discontinuance of funding or loss, expiration of contract. Article 20. NOTICES AND INVOICES All notices required to be served upon Lessor shall be served by hand delivery, certified mail, return receipt requested or commercial next-business day delivery (such as FedEx or UPS), at the following address (or such other address as Lessor may from time to time designate in writing): Southwest Florida Workforce Development Board, Inc., Attention: Mr. Mike Egan 9530 Marketplace Road, Unit 104, Fort Myers, Florida 33912 and all notices required to be served upon Lessee shall be served by hand delivery, certified mail, return receipt requested or commercial next-business day delivery (such as FedEx or UPS), at the following address of Lessee (or such other address as Lessee may from time to time designate in writing): Board of County Commissioners c/o Real Property Mgmt. Dept. 3301 Tamiami Trail East, Administration Bldg,Naples, Florida 34112 Article 21. LIMITATION OF LIABILITY AND INDEMNITY To the extent permitted by law, and subject to Section 768.28, Florida Statutes, Lessee, with respect to itself and its agents, employees, servants, and invitees, agrees to indemnify and hold Lessor, its agents, employees, and invitees harmless of, from, and against all risks and damages to persons and Property by reason of the present or future condition of the Premises. Additionally,to the extent permitted by law,and subject to Section 768.28,Florida Statutes,Lessee agrees to indemnify and hold Lessor, its agents, employees, and invitees harmless of, from and against all claims,actions,damages,liabilities,and expenses asserted against Lessor and/or Lessor on account of injuries to person or damage to property when and to the extent that any such damage or injury may be caused wholly or in part, by any act or omission, whether negligent or not, of Lessee or any of its agents, servants, employees, contractors, patrons, or invitees (while such invitees are on the Premises) or of any other person entering on the Premises under or with the expressed or implied invitation of Lessee, or if any such injury or damage may in any other way arise from or out of the occupancy or use by Lessee, its agents, employees, and invitees, of the Premises. Nothing in this paragraph is considered a waiver of sovereign immunity by Lessee. Article 22. DEFINITION OF TERMS 8 1 682 a. The terms "Lease," "Lease Agreement," or "Agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this Lease. b. The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties hereto. c. The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. Article 23. SUBORDINATION; ESTOPPEL This Lease shall be subject and subordinate at all times to the liens of all present and future mortgages, rents, and encumbrances placed upon the Premises. No further instrument or act by Lessee shall be necessary to effectuate such subordination; however, Lessee shall execute and deliver, within ten(10) days after demand of Lessor or any such mortgagee,proposed mortgagee, or other person, all further instruments evidencing subordination of this Lease to the lien of such mortgage or other encumbrance. Lessee irrevocably appoints Lessor as its attorney-in-fact to execute and deliver all such instruments for and on behalf of Lessee. Lessee agrees to execute, acknowledge, and deliver to Lessor, within ten (10) days after the request of Lessor at any time during the Term, an estoppel in such form as Lessor may require. Article 24. RULES AND REGULATIONS Lessor reserves the right from time to time to promulgate, and Lessee hereby agrees to strictly comply with, reasonable rules and regulations for the Premises. If promulgated, Lessor shall provide Lessee with a copy of the current rules and regulations, which Lessor may modify from time to time throughout the Term in Lessor's sole and absolute discretion. Article 25. MISCELLANEOUS Time is of the essence with respect to the performance of each of Lessee's covenants of this Lease. This Lease shall be governed, construed, and interpreted under the laws of the State of Florida. Jurisdiction and venue for any judicial proceedings concerning this Lease shall lie exclusively in a court of competent jurisdiction in Collier County, Florida, and in no other forum or venue. If any provision of this Lease or the application thereof be deemed invalid or unenforceable, neither the remainder of this Lease nor the application of the provision to other persons, entities, or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. This Lease shall not be modified,changed,altered or amended in any way except through a written instrument signed by both Parties. Article 26. ADDITIONAL TERMS (Check One) XX All additional covenants or conditions appear on attached Addendum(s) "A, which is incorporated as part of this Lease Agreement." 9 1682 [SIGNATURES APPEAR ON FOLLOWING PAGE] 10 1 6 82 IN WITNESS WHEREOF,the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. LESSOR: SOUTHWEST FLORIDA WORKFORCE WITNESSES AS TO LESSOR: DEVELOPMENT BOARD, INC., a Florida not-for-profit corpora ion By: iAtr — WITNESS 1 Print Name: 7(1 .----01.> 1 L Title: tr c.,- L, WITNESS 2 LESSEE: ATTEST: w. s, BOARD OF COUNTY COMMISSIONERS OF COLLIER DWIGHT E.BR,OCK, CLERK COUNTY, FLORIDA IN ITS CAPACITY AS THE By: &WI " ' =6C • COLLIER COUNTY COMMUNITY # 1eputy Clerk REDEVELOP ; GENCY signature only. C'" PikBy: Co i issionert William L. ; Daniel, Jr. C' • Co-Chair Approved as to form and WITNESSES AS TO LE:SEE: legality: WITNESS 1 • Jennifer A. Belpedio Assistant County Attorney .`\ * Z k WITNESS at A- 1 Date Reed i Vri-11 •;. •1; 1682 ADDENDUM "A" MONTHLY RENTAL RATE SCHEDULE 500 Sq. Ft. Effective 11/01/2017 TERM AMOUNT PER SQ. FT. MONTHLY RENTAL Initial Term $14.40 $ 600.00 11/01/17—03/31/18 Renewal Term N/A LESSEE: LESSOR: Board of County Commissioners Southwest Florida Workforce Collier County Acting as Collier County Development Board, Inc. Community Redevelopment Agency 12 ' �7