Agenda 12/09/2014 Item #16D 6 12/9/2014 16.D.6.
EXECUTIVE SUMMARY
Recommendation to enter into an Memorandum of Understanding with Collier County Senior
Resource Center, Inc, d/b/a Collier Senior Resources to host the Senior Nutrition Program at the
Golden Gate Senior Center.
OBJECTIVE: To expand meal services under the Older Americans Act Title III program and serve
more seniors in our community at the Golden Gate Senior Center.
CONSIDERATIONS: Collier County Nutrition Program, managed by the Community and Human
Services Department, has provided support services to Collier County's qualified seniors for seven years.
This program consists of four congregate meals sites, located at the East Naples Community Center,
Goodlette Arms Apartments, the Golden Gate Community Center, and the Roberts Center in Immokalee.
These social settings provide companionship and meals to qualified county residents. Home delivered
meals are provided to the elderly who are not able to leave their home.
The Collier County Senior Resource Center, Inc, d/b/a Collier Senior Resources (CSR) recently opened
the Golden Gate Senior Center. The center is located in the former Golden Gate Branch Library which is
in close proximity to the current congregate meal site at the Golden Gate Community Center (GGCC).
Since the Golden Gate Senior Center has a larger capacity to accommodate more seniors, the GGCC
congregate meal site is being relocated to the Golden Gate Senior Center. On August 13, 2014, the
grantor agency, Area Agency on Aging for Southwest Florida, approved the relocation of the congregate
meals site to the Golden Gate Senior Center. The Collier County Nutrition Program will provide $100 to
CSR per month to defray the cost of electricity, effective December 1, 2014. CSR will send an invoice to
Collier County on a quarterly basis. Staff recommends that the MOU be effective December 1, 2014, for
ease in billing cycles. Services began at the new site on November 19, 2014.
The Memorandum of Understanding (MOU) documents each party's responsibilities with the following
key elements: provides dedicated space at the Senior Center for the nutrition program, Monday—Friday,
8 am to 1:30 pm, ensures all parties support the rules of Older Americans Act programs as outlined in the
services manual; ensures all parties understand and restrict kitchen access during meals service times only
to authorized personnel and participation in the program only to qualified clients, and provides outreach
and publicity to promote participation in the program. This cost is an allowable grant expense.
GROWTH MANAGEMENT: There is no growth management impact from this recommendation.
FISCAL IMPACT: This action has no new fiscal impact. Funding from the Department of Elder Affairs
via the Area Agency on Aging under the 2014 grant award OAA 203.14 is available in Human Services
Grant Fund 707,Projects 33308 (C1) and 33309 (C2).
LEGAL CONSIDERATIONS: This item is legally approved for form and legality and requires a
majority vote for Board approval.—JAB
RECOMMENDATION: That the Board of County Commissioners approves the Memorandum of
Understanding with Collier County Senior Resource Center,Inc. d/b/a Collier Senior Resources.
Prepared by: Lisa N. Carr, Grants Coordinator, Community and Human Services
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.6.
Item Summary: Recommendation to enter into an Memorandum of Understanding with
Collier County Senior Resource Center, Inc, d/b/a Collier Senior Resources to host the Senior
Nutrition Program at the Golden Gate Senior Center.
Meeting Date: 12/9/2014
Prepared By
Name: CarrLisa
Title: Grants Coordinator,Community &Human Services
11/4/2014 1:30:44 PM
Approved By
Name: GrantKimberley
Title: Director—Housing, Human and Veteran S, Community&Human Services
Date: 11/6/2014 12:36:03 PM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation, Community &Human Services
Date: 11/7/2014 1 1:40:32 AM
Name: DeSearJacquelyn
Title: Accountant, Community&Human Services
Date: 11/10/2014 8:24:51 AM
Name: Bendisa Marku
Title: Supervisor-Accounting, Community &Human Services
Date: 11/10/2014 1:48:12 PM
Name: MagonGeoffrey
Title: Grants Coordinator, Community&Human Services
Date: 11/17/2014 11:33:02 AM
Name: RobinsonErica
Title: Accountant, Senior, Grants Management Office
Date: 11/21/2014 10:24:44 AM
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Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/21/2014 12:04:41 PM
Name: TownsendAmanda
Title: Director-Operations Support, Public Services Division
Date: 11/25/2014 11:23:14 AM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 11/25/2014 2:25:52 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/25/2014 4:47:24 PM
Name: StanleyTherese
Title: Manager-Grants Compliance, Grants Management Office
Date: 12/1/2014 9:58:08 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 12/1/2014 1:18:31 PM
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12/9/2014 16.D.6.
MEMORANDUM OF UNDERSTANDING. I
THIS MEMORANDUM OF UNDERSTANDING ("MOU") i executed this
day of Jc'C Co 1 he 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
in providing person-focused, coordinated services to enhance the independence, dignity
and quality of life of seniors in the Golden Gate community; and
WHEREAS, Collier County provides a senior nutrition program It.hat 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 collaborate! and use their
resources to providing a nutrition program at the Golden Gate Senior Center, 4898
Coronado Parkway,Naples,Florida and with to memorialize their understanding;
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
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2. CSR and Collier County wish to provide a nutrition program fbr seniors that
will benefit from the combined strengths of both organizations. 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 4 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 to :the nutrition
program:
a) CSR shall provide a dedicated space at the Senior Center for the nutrition
program, (Monday-Friday, Sam — 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 and 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
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manual;understand and restrict kitchen access during meal service times
only to authorized personnel and participation in the program only to
qualified clients.
f) Staff will become knowledgeable of program and provide answers to inquiries and
encourage participation.
General maintenance, cleaning and upkeep for the Senior Cenier including
g)
facility inspection reports such as fire,health and pest controlon request;
h) Telephone and Internet access;
i) Further opportunities to collaborate with others in an effo6 t to expand
outreach and clientele.
j) General liability insurance coverage, subject to availability.
k) Policies and procedures appropriate for a Senior Center.
5. Collier County's Contributions. Collier County agrees to contribute 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 mrdering meals,
oversight, inspections, safe arrival, preparation, maintenance Of temperature
logs of meals, refrigerator/freezer, thermometer; table set 4, table clothes
and decorations, proper meal service, delivery, clean-up :;including spot
cleaning after meals to ensure food and liquids are cleaned;up, survey and
evaluations, as well as other required procedures for a safe and healthy
congregate meal service.
b) Office, kitchen, and other equipment and supplies as required to
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support Collier County's nutrition programs and services.
c) A locked donation box for voluntary and confidential cash donatiotis by
i I
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participants;
d) Outreach and publicity to promote participation in the program;
e) Signs and labels as needed for program compliance that are consistent 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 meal participants.
i) Collier County will provide One Hundred Dollars ($100.06) to CSR each month
A
to defray the cost of electricity; CSR shall send an invoice tic. Collier County on a
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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 to i Collier County using
the Senior Center.
k) Compliance with the Golden Gate Senior Center rules, policies, and
procedures, as amended from time to time, which include 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,pi nsuring that
the building is properly secured (including locking external doors and
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arming alarms), participating in training and meetings as reasonably
required.
6. Termination. Either party may terminate this Agreement with sixty(60) days
prior written notice to the other party. All obligations of the parties shall terminate
on the last calendar day of the month following the date of the noticed 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 'j 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.
9. Indemnification. Collier County agrees to indemnify and hold ICSR harmless
from any and all liabilities, claims, demands, losses, damagres, costs and
expenses (including, without limitation, reasonable attorneys' fees, whether or
not suit be brought and including such fees on appeals), actions or causes of
action arising out of or relating to the use of the Senior Center by Collier
County and/or this Agreement.
10. Complete Agreement / Modifications /Assignment. This Agreement 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.
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COLLIER COUNTY SENIOR COLLIER COUNTY
RESOURCE CENTER,INC.
d/b/a COLLIER SENIOR RESOURCES:
B Otn,w.•.��. 1 Ct�'�
B :
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Name: Ar»�s N , (�1tI1Tc'1v Name: To"A E W A N G
Title: "'-‘44- Title: L k4 A 1 R w^ 'J
NAPLES/630834v.1
Approved as to form and legality
DWIGHT E. BROCK,Clerk
By:
Assistant County Attorney cpt
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OD,
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RESOLUTION NO.2009- /SU-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING A REQUEST FOR A
GROUND LEASE WITH COLLIER COUNTY SENIOR RESOURCE
CENTER,INC.,TO ALLOW THE CONSTRUCTION,OPERATION,AND
MAINTENANCE OF A SENIOR RESOURCE CENTER BUILDING
LOCATED AT 4715 GOLDEN GATE PARKWAY, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Collier County Senior Resource Center, Inc., a not-for-profit Florida
corporation ("CCSRC")petitioned the Collier County Board of Commissioners(the`Board")to
enter into ground lease for that property located at 4715 Golden Gate Parkway, Collier County,
Florida,to construct,maintain, and operate a building to be used in the public interest as a senior
resource center;and
WHEREAS, the Board, at its July 28, 2009, Regular Meeting determined that the
property that is the subject of the ground lease is not otherwise needed for County purposes and
that the intended use of the property by CCSRC would promote the welfare of the public and
advance the interests of the community;and
WHEREAS, the Board has determined that the term of the ground lease shall be for a
period of thirty (30) years with the opportunity for CCSRC to renew for four (4) additional
fifteen(15)year periods,all at the annual rate of$100;and
WHEREAS, section 125.38, Florida Statutes, requires the Board to memorialize its
decision to lease County property to applicants such as CCSRC through a resolution passed by
the Board.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
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1. The property located at 4715 Golden Gate Parkway, Collier County, Florida,
comprises a parcel appropriate for use as a community senior resource center, as more
fully described in the Ground Lease Agreement, incorporated herein by reference and
that the property is not otherwise needed for a County purpose.
2. The term of the Ground Lease for the agreement shall be for a period of thirty(30)
years with the opportunity for CCSRC to renew the lease for four (4) additional fifteen
(15)year periods,all at the annual rate of$100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County,Florida,this 28th day of July,2009.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,CLERK COLLIER COUNTY,FLORIDA
By. By.
DEPUTY CLERK DONNA FIALA,CHAIRMAN
Approved as to form and legal sufficiency:
Oolleen M.Greene
Assistant County Attorney
Paget oft
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•
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COLLIER COUNTY SENIOR RESOURCE CENTER
GROUND LEASE
THIS LEASE is made and entered into this 2�' day of L'1 ,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
j
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 Tatniami Trail East,Building W,Naples,FL
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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 sign age 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
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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
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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
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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 Hen or claim of lien was filed.
ARTICLE 8.ASSIGNMENT AND SUBLEASE;AGREEMENT WITH COLLIER
COUNTY B IC LIBRARY M
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
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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.
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L
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
do 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.
do 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
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•
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,
COLLIER COUNTY,FLORIDA
Attest:
By:
Dwight E.Brock Donna Fiala,Chairman
Clerk of Courts
Date: t,t ._.2C Gi 9
Approved as to Form and Legal •
of ciency:
ounty Atms�n�,
Date: 4.IO j
•
•
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•
•
LESSEE:Collier County Senior Resource Center,Inc.
• Witnesses: 01
By: +'1-1a .. . -•.�;
/ Date: 81 a-Co (3C(
EOM
AA4 eeorq
Prin d Name
Printed Name
STATE OF FLO• u A
COUNTY OF . /trio,-
r. j
Subscribed and sworn to before me by J all��(t 1(
yl s ,as k S stz= _.
of Collier County Senior Resource Center,Inc. wha is ersonall known to me
or who has produced as identification and wh_' i 1 not t e an oat .
WITNESS my hand and official seal this al? ' day of 4IF. 2009.
Notary Public
e" SUSAN M.BARTON .
7 MI COMMISSION 0 DDEOE637
-da EXPIR6S:Jv1y24,2012
i AgY 9 Non;Doom;Am&Ca �AZJL�iC
(affix notarial seal) Print Name: M RTOA-)
My Commission Expires: rj • A(4,
THIS INSTRUMENT PREPARED BY:
KATHLEEN C.PASSIDOMO,ESQUIRE
Kelly,Passidomo&Alba,LLP
2390 North Tamiami Trail,Suite 204
Naples,Florida 34103
(239)261-3453
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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.
•
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. 23RD AVE. SW
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Scale: 1" = 150'-0"
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