Agenda 04/10/2018 Item #16C 404/10/2018
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to Lease Agreement with Patriot Place Trust
regarding the Sheriff’s Office Substation #5 clarifying the intent of the parties relative to water and
sewer utility payments.
OBJECTIVE: An amendment is required to clarify the intent of a provision related to monthly
water/sewer invoices.
CONSIDERATIONS: On July 11, 2017, the Board approved a Lease Agreement (Lease) with Patriot
Place Trust (Owner) under agenda item 16.F.1. The Lease concerns the Sheriff’s Office Substation #5
located on Tamiami Trail East, just east of Collier Boulevard.
In that Lease, under ‘Other Expenses and Charges,’ it was the Owner’s intention to pay for the combined
water and sewer monthly utility invoices for an amount not to exceed Three Hundred Dollars. Any
amount over the established amount would be the responsibility of the County for water/sewer usage.
To prevent any ambiguity in processing water/sewer invoices related to this Agreement, staff has
prepared the attached First Amendment to Lease Agreement (Amendment) to include the word ‘sewer’ in
that provision. This was always the intent and accordingly the Amendment is intended to apply to
invoices received prior to Board approval of the First Amendment.
All other terms of the Agreement remain unchanged.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board action. - JAB
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the First Amendment to Lease Agreement with Patriot Place Trust relative to water
and sewer utility payments.
Prepared By: Michael Dowling, Sr., Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Patriot Place First Amendment CAO 2018 (PDF)
16.C.4
Packet Pg. 657
04/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.4
Doc ID: 5009
Item Summary: Recommendation to approve a First Amendment to Lease Agreement with
Patriot Place Trust regarding the Sheriff’s Office Substation #5 clarifying the intent of the parties relative
to water and sewer utility payments.
Meeting Date: 04/10/2018
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
03/05/2018 9:25 AM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
03/05/2018 9:25 AM
Approved By:
Review:
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 03/06/2018 9:23 AM
Facilities Management Toni Mott Additional Reviewer Completed 03/07/2018 4:53 PM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 03/19/2018 11:12 AM
Solid and Hazardous Waste Sarah Hamilton Additional Reviewer Completed 03/19/2018 4:57 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/20/2018 9:50 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/21/2018 12:41 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/21/2018 2:07 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 10:06 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/29/2018 12:02 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/29/2018 3:56 PM
Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM
16.C.4
Packet Pg. 658
Lease #751
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment"), entered into this _ day of
2018, by and between PATRIOT PLACE TRUST, whose mailing address is 13245
Tamiami Trail East, Suite l0l, Naples, Florida 34114, hereinafter referred to as "LESSOR," and Collier County, a
political subdivision of the State of Florida, whose mailing address is c/o Real Property Management, 3335 East
Tamiami Trail, Suite l0l, Naples, Florida 34112, hereinafter referred to as "LESSEE."
WITNESSETH
WHEREAS, the LESSOR and LESSEE have previously entered into a Lease Agreement dated July I l,
2017, hereinafter refened to as the 'Lease,' which is attached hereto and made a part hereofthis Amendment; and
WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease to clarifo the reference to
water/sewer invoice; and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and
Ten Dollars ($ 10.00) and other valuable consideration, the Lease is hereby further amended as follows:
l. Article 5, Other Expenses and Charges, is amended as follows:
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
fi[ters.
LESSOR shall be responsible for all elements of the maintenance and repair of the building,
exterior landscaping and inigation, 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
combined water/gg1yg1usage, 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 the combined water/gg1yg1 use, and those invoices shall be provided to
LESSEE showing the consumption for the Demised Premises.
2. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and
conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
@
Signatures appear on the following page
16.C.4.a
Packet Pg. 659 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)
lN WITNESS WHEREOIT, the LESSEIi and LESSOR have hereto erccuted rhis Arrendmenr rhc day and
ycor tlrst abovc rvrittcn.
r\S TO -IHE I-ESSOR PAl'RIOT PLACT] 'TRUST
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,{S I'O THE LESSOR
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.A'I''TEST:
DWICHT E. BROCK, Clerk
BY:
. Dcputt' Clerk
Apploved as ro tbrnr and legalil)
i cnn il'e r A. Belpc'dio, Assistant Counr.r, Attomc_\.
BOr\RD OF COUN-lY COMMtSStONERS.
COLLII]R COUNTY, I]LORIDA
BY
r\ndy Solis, Chainnan
(E\\9l
DATLiD:__'_=---
16.C.4.a
Packet Pg. 660 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)
EXHIBIT +
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Lease #
LEASE AGREEMENT
THIS I-EASE AGREEMENT entered into this 11th day of July,2017, between PATRIOT PLACE
TRUST, rvhose mailing address is 13245 Tardsmi Trail EEst, Surte 101, Naplcs, Florida 34114, hereinafter
referred to as "LESSOR', and COLLIER COUNTY, a political subdivision of the State of Floridq whose
mailing address is 3335 East Tamiami Trail, Naples, Suite I0l, Ftorida 34112, hereinafter referred as
"LESSEE-.
WITNESSETH
In consideration of the mutual coveDauts contained herei4 and other valuable consideratiorl the
parties agrce as follows:
ARICLE l. Dcmised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 2,500
square feet of office space, indoor storage area, and outdbor vehicle parking located at 13245 East Tamiami
Trail, Naples, Florida 341 14, as seen on Exhibit 'A' whrch is attached lereto and made a part of this l.ease,
for the sole purpose of opemling a govemment offioe.
LESSEE covenants and agtees not to use, occupy, suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purposc contrary to law or the rules or regulations of any public
authority.
ARTICLE 2. Term of kase
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 ofany of the terms ofthis Lease, to automatically rencw same for three (3)
additional terms ofone (l) 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 lrritten notice of such termination to
LESSOR ai the address set forth in ARTICLE 13 of this Loasc. Said noticc shall be offective upon actual
receipt by LESSOR.
LESSEE shall not be requted to provide LESSOR with any advanced rent such as security deposit or
holding rent. LESSEE is tax exempt ard shall provide LESSOR with its Tax Certificate showing its exempt
status.
ARTICLE 3. Rent
LESSEE hereby oovenants and agrees to pay as base rent for thc Demised Prcmises the sum of
Thirty.one Thousand Two Hundred Dollars ($31,200.00) for the filst year's r€nt to be paid in equal monthly
installments of Two Thousand Six Hundred Dollars ($2,600.00)'
I
16.C.4.a
Packet Pg. 661 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)
Al[ rental pa]ments shall be due and payable in advance on the first day of every calendar month
during the term hereof. If the terms of this l,ease shall commence on a day other than the first day of the
monlh, LESSEE shall pay rental equal to one thirtieth (V30th) ofthe monthly rental multiplied by the number
ofrental days of such fractional month.
The annual renl for all renewals thereto shail be ealculated as described in Article 4 below
ARTICLE4. Renewal Term Rcnt
Following the first frtll year of occupanoy, the aanual rent shall be increased by three percenl (3%)
compounded for each year throughout the life ofthe lease.
ARTICLE 5, Other Expenses and Charses
In addition to the montl y ren! the LESSEE shall pay LESSOR an additional Ninety€ighl Dolla$
($98) per month for Comrnoq Arca Maintenance fees. This amount shall be increased arnually by three
percent (3%) compounded for each year throughout the life of the lease.
LESSEE shall pay all costs associatcd with elcctdcity, rclephone and commrmications charges,
interior j anitorial, trash rernoval, hterior pest control, air+onditioning maintenance, replacement, and filters.
LESSOR shall be responsible for all elements of the maintenance and repair ofthe building, exterior
Iandscaping and irrigation, extedor pest control, and those items within the Demised Premises not staled
abovc, including but not lirnitcd to clcctrical 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 becn establishcd by LESSOR at th€ coromencement of this Lrase to be $300.00 per month, LESSOR
may invoice LESSEE on a monthly basis for LESSEE'S overage of ihe established amount for water use and
those invoices shall be provided to LESSEE showing the consumption for thc Demised Premises.
ARTICLE 6. Modificalions to Demised Premises
Prior to making any ehanges, alterations, addidons or improvemenls to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plaru for alterations, improvements, changes or additions
to thE Dernised Premiscs for LESSOR'S prior writtcn approval, specifying in writing the nature ard extent of
the desired alteralion, improvanent, change, or addition, along rvith the contemplated starting and
completion time for such project I.ESSOR or its designee will then have sixty (60) days within which to
approve or deny in writing said request for ohanges, improvements, alterations or additions. LESSOR shall
not urueasonably withhold its consent to required or appropriate alterations, improvcmcnts, changcs or
additions proposed by LESSEE. If after sixty (60) days there has beer no written rejection delivered by
LESSOR to LESSEE regardingsaid proposals or plms, then such silence shall be deemed as an APPROVAL
to such request of T.ESSEE.
2
LESSEE coycnanls and agrces in conncction with any maintcnancc, repair work, crcction,
construction, improvement, addition or alteration of any authorizcd modifications, additions or
improvements to the Demised Premises, to observe and comply with all thcn and future applicable laws,
ordinances, rules, regulatiorl and requirements of the United States of Americ4 Stsrp of Florida, County of
Collier, and any and all governmental agencies havingjurisdiction over the Demisod Premiscs.
16.C.4.a
Packet Pg. 662 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)
All alterations, improvements, and add^itions 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 ranewal term thereof, or $rithin ftifly (30) days ihereafter, if LESSOR so
directs, LESSEE shall ptomptly remove all such additions, ioprovements, altcrations, fixturcs Bnd
installations which were plaoed in" on or upon the Demised Premises by or on behalf of LESSEE, and which
are dcsignated in said notice, and repair any damage occasioned to the Demised Prernises by such rtmoval
and in defuult thereof, LESSOR may complete said removals and repairs at LESSEE S expense.
ARTICLE 7. Access ro Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right aftcr
roasonable oral notice to LESSEE, to enter into and upon the Demised Prtmises or any part thereof at all
reasonable hours lbr the purpose of exsmining same and maki[g rep&irs or janitorial service therein, and for
the purposes of impection for compliance with provisions of this Lease Ag.reeme nt.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrces not to assign this Le6se or to sublet the whole or any part o[ the
Demised Premises, or to permit any other persons, o0ter than another County agcncy, to oceupy samc
without the prior exprcssed writtEn consent of LESSOR. Any zuch assignment or subletsing, even with the
consent of LESSOR, shaii not relieve LESSEE from liability for payment of rent or other sums herein
provided or from lhe obligation to keep and be bound by the terms, conditions and covcnants 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 assignmenl of this Lease or sublettrng ofthe Demised Premises.
ARTICLE 9. Indemniw and Insurance
Subject ro the limitations of Section 768.28, Florida Statues, LESSEE shall indernnily and save
hamrless the LESSOR ftom and against any and all claims, actions and suits, and from and against any and
all losscs, darnages, costs, charges, rcasonsbie atlomeys' fees, paym.ents, expsnses and liabilities which
LESSOR may suslain or incur to the extent arising from the negligent act or negligent omission of LESSEE
or its agents, cotrtractors or employees.
LESSOR shall indcmniff and save harmless the LESSEE from and against any and all claims, actions
and suits, and ftom and against any and atl losses, damages, costs, cherges, reasonable attomeys' fees,
payments, expenses a::d liabilities which LESSEE may sustain or incur due to the sole negligent act or
negligent omission of LESSOR.
LESSEE shall maintain during the cotuse of this Lease, or any renewal thereof, comprehensive
general Iiabitity ooverage including bodily injury and property darnage, premises and operations coverage,
products and completed operations coverage, broad form property damage coverage, automobile liability
iove.age including owned automobilcs, non-owncd automobiles and hirod automobilcs and ooDtraotual
liability covcrage 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 Flori& Workey's Compcnsation I-aw, covcrage shall be provided
for all employees. The coverage shall be for stalutory limits in compliancE with the applicable Stltc and
Federal laws. The policy must include Employet's Liability with a limit of One I{rmdred Thousand and
00/100 Dollars ($100,000.00) oach accident.
3
I 16.C.4.a
Packet Pg. 663 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)
LESSOR and LESSEE on behalf of themselves and all others claiming under them, including any
insurer, waive all claims against each other, including all righ8 of subrogation, for loss or damage to their
respectivc property (including, but not liuited to, the Demised Prernises) arising from fire, smoke darnage,
windstorm, hail, vandalism, theft, malicious mischief and any of lhe other perils normally insured against in
an '.all risk" of physical loss poticy, rcgardless of whether insurance against those perils is in effect with
respect to such party's properly and regardless of the negligence ofeitber party. If either party so requests, the
other party shall obtain from its insuer a written waiver of ell rights of subrogation that it may have against
the other party. LESSEE shall givc 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 ackaowledges that
LESSOR shall not be liable for any intemrption io LESSEE'S business for any cause whatsoever, and that
LESSEE shall obtain business intemrption inswanc€ eovefirge should LESSEE desire to provide coverage
for such risk.
ARTICLE ll. DofiultbvLESSEE
Failure ofLESSEE to comply with any provision or covenanl of this Lease shall constitute a default
and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days witten notioe to
LESSEE, unless tle default be cured within that notice period (or such additional time as is rtasonably
required to correct such default).
AKTICLE 12, Default by LESSOR
Failure ofLESSOR to oomply with any provision or covenant of this Lease shall constitute a default
and LESSEE may, at LESSEE'S option, terminate this Lea:se after thirty (30) days Britten notice to
LESSOR, unless the defau.lt 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 o1h€r party at the following addresses:
LESSEE:
Board of County Commissioners
c/o Rcal Property Management
3335 Tamiami Trail East
Naples, Florida 34112
LESSOR:
IUr. Cbristopher Morm
Pstriot Place Trust
13245 Tamiami Trail East, Suite l0l
Naples, Florida 341 14
4
ARTICLEI0. Maintenance
LESSEE shall, at its sole qost and experse, keep the Dcmised Premises clean at all times. If said
Dcnriscd Premises aro not kopt clean in thc 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 t]re
same ro be cleaned aud corrected and LI,SSEE shall assume and pay all necessary cleaning costs and such
costs shall constilute additional reol which shall bc paid by LESSEE within thirty (30) days of receipt of
wrilten notice ofcostp incuned by LESSOR.
16.C.4.a
Packet Pg. 664 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)
ARTICLE 14. Sunender of Premises
LESSEE covenanls and agrees to deliver up and sunender 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 commencernent of the term of this Lqlse or may have been put by LESSOR or
LESSEE during thc continuance thereo( ordinary wear and tear and damage by firc or the elements beyood
LESSEE S control excepted.
ARTICLE 15. Gsoeral Provisions
LESSEE firlly understands that the police and law enforcerneot security protection provided by law
eoforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated
in Collier County, and I",ESSOR acknowledges thal any special security measures deemed necessary fbr
additional proteclion of the Demised Premises shall be the sole responsibility and cosr of LESSEE and shall
involve uo cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigrs, to refrain from any use of the Demised
Premises which would interfere $rith or adversely affect the operation or maintenance of LF]SSOR'S standard
operations.
ARTICLE 16. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of lhe following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficiert
quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Addilioaal information regarding radon and
radon testing may be obtaincd from your County Public Health Deprhrent.
ARTICLE 17. Effective Datc
This Lease Agreemcnt shall beome cffcctive upon execution by both LESSOR and LESSEE.
ARTICLE 18. Coveminq [^aw
This Lease Agreemcnt shall be govemed and construed in accordance with the laws of the State of
Florida.
Signalures appear on the following page.
5
16.C.4.a
Packet Pg. 665 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)
IN WITNESS WIIEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:PATzuOT PLACE TRUST
DATED:7-JY',/7
WITNESSES:
BY:
CHRISTOPER P, MORRA, as Trustee
signature)
print Dame
WITNESS (sigrnhre)
SLo^ Gorr.tr..,
print name
AS TO TIIE LESSEE:
DA'|ED: / tt t/BOARD OF COTJNTY COMMSSIONERS,
COLLIER COTJNTY, FLORIDA
ATTEST:
DWIOHTE. BROCK Clerk
BY;BY:
PENNYTA
C
3lq!&r!o{ly;
Approved as to form and legality:
!\ ^ ,,"'\ a\l)[ L,\{X-
Jcnnifei-e. Belnedio, Ass$County Attomey
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16.C.4.a
Packet Pg. 666 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)
Exhibit'A'
13245 Tamiami Truil Easr
Naples, Florida 341 14
Suitc 100
T, R!,
i. oa
16.C.4.a
Packet Pg. 667 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)