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16Q4
MEMORANDUM
Date: December 14, 2017
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Deputy Clerk
Boards Minutes & Records Department
Re: Lease Agreement— Kraft Office Center, LLC
Attached is two (2) original of the agreement referenced above (Item #16D4),
approved by the Board of County Commissioners on Tuesday, December 12,
2017.
Please return a fully executed original back to the Minutes & Records Department
for the Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
1 604
L2 e
• Atf--- ' Memorandum
t , FORPCy
'ot INA
To: Minutes and Records
Pie ase NAN), K
Clerk to the Board
From: Michael DowlingViz--'
Senior Property Management Specialist p r (O - ' 3 ' C`J
Real Property Management 1 we_ sdiMa1
Date: -Oeteiler-4, 2017 kele4 ;44 010)4.1 �A ti'da'l
o� w+a`l ✓�C .
Subject: LEASE AGREEMENT Sy�L
Kraft Office Center, LLC
BCC: December 12,20t0
Item: 16 D 4
Please attest and provide me with both copies so that I may have the landlord
sign, and I will then return one original for your files.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
160 4
(*Ilk Memorandum
Gor -14
0 0 P
;NA
To: Minutes and Records
From: Michael Dowling "
Senior Property Management Specialist
Real Property Management
Date: January 12, 2018
Subject: Lease Agreement—Kraft Office Center, LLC
Agenda Date: December 12, 2017
Item: 16 D 4
Attached please find your copy of the fully executed Lease Agreement regarding the referenced
agenda item.
Feel free to contact me at extension 8743 with any questions.
Thank you.
Attachment as stated
160 4
Lease#
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 12th day of December, 2017, between KRAFT
OFFICE CENTER, LLC, a Florida limited liability company, whose mailing address is 1500 5th Avenue
South #111, Naples, Florida 34102, 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 2,602
square feet of office space located at 3530 Kraft Road, Naples, Florida 34105, Suite 201, 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,together with employee parking, overnight parking for three County vehicles and parking for a twenty-
foot-long trailer. LESSEE shall have card access or another form of entry to the building and to the Demised
Premises at all times, seven days, twenty-four hours.
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 one (1) year (`Initial Term')
commencing on December 15, 2017 and ending December 14, 2018.
LESSEE and LESSSOR reserve the right to terminate this Lease, at any time, with or without cause,
by providing sixty-day (60) days prior written notice of such termination to the other party at the address set
forth in ARTICLE 13 of this Lease.
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 covenants and agrees to pay as base rent for the Demised Premises the sum of Fifty-
Two Thousand Forty Dollars ($52,040.00) for the first year's rent to be paid in equal monthly installments of
Four Thousand Three Hundred Thirty-Six Dollars and Sixty-Seven Cents ($4,336.67).
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
I 6D . 4
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. Left blank intentionally.
ARTICLE 5. Other Expenses and Charges
In addition to the monthly rent, the LESSEE shall pay LESSOR an additional Two Thousand One
Hundred Forty-Four Dollars and Forty-Eight Cents ($2,144.48) per month for Common Area Maintenance
fees, which includes electricity, water,trash removal, and janitorial service.
LESSEE shall pay all monthly costs associated with telephone and communications charges.
LESSOR shall be responsible for all elements of the maintenance and repair of the building, exterior
landscaping and irrigation, exterior pest control, plumbing and electrical systems, air-conditioning repair,
maintenance and replacement, and all items within the Demised Premises not stated above. LESSOR shall
provide and pay for water/sewer monthly charges at 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.
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
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1 6D . 4
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.
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 businessfor any cause whatsoever, and that
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1604
LESSEE shall obtain business interruption insurance coverage should LESSEE desire to provide coverage
for such risk.
ARTICLE 10. Maintenance
LESSOR shall provide janitorial service to the Demised Premises on a weekly basis.
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: ,,.o
LESSEE: LESSOR: SVA.t�1�1►t tk4,nak►e�" e ` dA ki-c'
Board of County Commissioners . • - .n " ,
c/o Real Property Management 1500 5th Avenue South, Suite 111
3335 Tamiami Trail East Naples,Florida 31114 34t02,
Naples, Florida 34112
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.
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1 60. 4
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.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR: KRAFT OFFICE C NTER, LLC
DATED: —k • /
1./"V
BY:
Signature
WI •'_ re
Title
print name
k `r.V c(
WITNESS (signature)
k sit,i {11\3
print name
LESSEE's signature appears on the following page.
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160 4
AS TO THE LESSEE:
DATED: /:2 . lc--2 / 7 BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROOK,Clerk
, .0 •C- - - gr" )°
.Y:
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A�e�ug 6l �nan s PENNY TAY , Cha
signature only. ,
Approved as to form and legality:
414
Jennifer . Belpedio, Ass St County Attorney -• 7
6
160 4
Exhibit `A'
Suite 201
3530 Kraft Road
Naples, Florida 34105
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