Backup Documents 04/10/2018 Item #16C 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP C 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#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. County Attorney Office County Attorney
4110/1
2. BCC Office Board of County
Commissioners 1/1\ '/ 4\\p\'
3. Minutes and Records Clerk of Court's Office 'Oohs
8
J L(cp
ot
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 Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was April 10,2018 Agenda Item Number 16 C 4
Approved by the BCC
Type of Document First Amendment to Lease Agreement Number of Original 2 vr7
Attached Patriot Place Trust Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? 5{ "-"Ne a✓` N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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
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 N/A
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 N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 4-10-2018 ,and all changes MD 2+I/A='•ttp
made during the meeting have been incorporated in the attached document. The s
County Attorney's Office has reviewed the changes,if applicable. bit!
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready fo e
Chairman's signature.
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 `�
16C-14
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4
• -- • Memorandum
hoc IRN,N
To: Minutes and Records
Clerk to the Board
From: Michael Dowling i-'16_1)-
Senior Property Management Specialist
Real Property Management
Date: April 9, 2018
Subject: First Amendment to Lease Agreement— Patriot Place Trust
BCC: April 10, 2018
Item: 16 C 4
Please provide me with one original for the tenant's records.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
16C 4
MEMORANDUM
Date: April 4, 2018
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Martha Vergara, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: 1st Amendment to Lease Agreement
Patriot Place Trust (Lease #751)
Attached is one (1) copy agreement as referenced above (Item #16C4), approved
by the Board of County Commissioners on Tuesday, April 10, 2018.
The Minutes & Records Department has kept an original agreement for the
Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
16C 4
Lease #751
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT(`"Amendment"), entered into this/a day of
3. , , 2018, by and between PATRIOT PLACE TRUST, whose mailing address is 13245
Tamiami Trail East, Suite 101, Naples, Florida 34114, hereinafter referred to as "LESSOR," and Collier County, a
political subdivision of the State of Florida, whose mailing address is c/o Real Property Management, 3335 East
Tamiami Trail, Suite 101,Naples, Florida 34112,hereinafter referred to as"LESSEE."
WITNESSETH
WHEREAS, the LESSOR and LESSEE have previously entered into a Lease Agreement dated July 11,
2017,hereinafter referred to as the `Lease,' which is attached hereto and made a part hereof this Amendment;and
WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease to clarify 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:
I. 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
filters.
LESSOR shall be responsible for all elements of the maintenance and repair of the building,
exterior landscaping and irrigation, exterior pest control, and those items within the Demised Premises not
stated above, including but not limited to electrical systems. LESSOR shall provide and pay for
water/sewer monthly charges at the Demised Premises, however, if LESSEE should exceed normal
combined water/sewer usage, which has been established by LESSOR at the commencement of this Lease
to be $300.00 per month, LESSOR may invoice LESSEE on a monthly basis for LESSEE'S overage of
the established amount for the combined water/sewer 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.
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IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and
year first above written.
AS TO THE LESSOR. PATRIOT PLACE TRUST
'(Vitriess(signature
Print n e Print name and Title
Witness(sem
o 6,1,-- 4 3-
(print name)
AS TO THE LESSOR: BOARD OF COUNTY COMMISSIONERS.
COLLIER COUP FLORIDA
DATED '1 I't r
[)V IGHT E.'NBROCK,tlerk. BY: 4 .�
r, i "e : t li my Solis, Chairman •
Attest as 'to Chairti`�
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signature only.
Approved as to form and legality:
% 11
Jennifer A.Be! edio,Ass tiria unty Attorney
• EXHIBIT `
Page
Lease
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 11th day of July, 2017, between PATRIOT PLACE
TRUST, whose mailing address is 13245 Tamiami Trail East, Suite 101,Naples, Florida 34114, hereinafter
referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose
mailing address is 3335 East Tamiami Trail, Naples, Suite 101, Florida 34112, hereinafter referred as
"LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 2,500
square feet of office space, indoor storage area, and outdoor vehicle parking located at 13245 Fast Tamiami
Trail, Naples, Florida 34114, as seen on Exhibit 'A' which is attached hereto and made a part of this Lease,
for the sole purpose of operating a government office.
LESSEE covenants and agrees not to use,occupy, suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public
authority.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of three (3) years ('Initial Term')
commencing on September 15, 2017 and ending September 14, 2020. LESSEE is granted the option,
provided it is not then in default of any of the terms of this Lease, to automatically renew same for three(3)
additional terms of one(1)year each,under the terms and conditions as provided herein.
LESSEE, however, reserves the right to terminate this Lease, any time after the Initial Term, with or
without cause, upon one hundred and eighty days (180) days prior written notice of such termination to
LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual
receipt by LESSOR.
LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or
holding rent. LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt
status.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of
Thirty-one Thousand Two Hundred Dollars ($31,200.00) for the first year's rent to be paid in equal monthly
installments of Two Thousand Six Hundred Dollars($2,600.00).
16 C �4
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
month,LESSEE shall pay rental equal to one thirtieth(1/30th)of the monthly rental multiplied by the number
of rental days of such fractional month.
The annual rent for all renewals thereto shall be calculated as described in Article 4 below.
ARTICLE 4. Renewal Term Rent
Following the first full year of occupancy, the annual rent shall be increased by three percent (3%)
compounded for each year throughout the life of the lease.
ARTICLE 5. Other Expenses and Charges
In addition to the monthly rent, the LESSEE shall pay LESSOR an additional Ninety-eight Dollars
($98) per month for Common Area Maintenance fees. This amount shall be increased annually by three
percent(3%)compounded for each year throughout the life of the lease.
LESSEE shall pay all costs associated with electricity, telephone and communications charges,
interior janitorial,trash removal, interior pest control,air-conditioning maintenance,replacement,and filters.
LESSOR shall be responsible for all elements of the maintenance and repair of the building, exterior
landscaping and irrigation, exterior pest control, and those items within the Demised Premises not stated
above, including but not limited to electrical systems. LESSOR shall provide and pay for water/sewer
monthly charges at the Demised Premises, however, if LESSEE should exceed normal water usage, which
has been established by LESSOR at the commencement of this Lease to be $300.00 per month, LESSOR
may invoice LESSEE on a monthly basis for LESSEE'S overage of the established amount for water use and
those invoices shall be provided to LESSEE showing the consumption for the Demised Premises.
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements,changes or additions
to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of
the desired alteration, improvement, change, or addition, along with the contemplated starting and
completion time for such project. LESSOR or its designee will then have sixty (60) days within which to
approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall
not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or
additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by
LESSOR to LESSEE regarding_said proposals or plans,then such silence shall be deemed as an APPROVAL
to such request of LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulation, and requirements of the United States of America, State of Florida, County of
Collier,and any and all governmental agencies having jurisdiction over the Demised Premises.
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16C
All alterations, improvements, and additions to the Demised Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and
installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE,and which
are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal
and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after
reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all
reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for
the purposes of inspection for compliance with provisions of this Lease Agreement.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any other persons, other than another County agency, to occupy same
without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the
consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein
provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease.
The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of
this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises.
ARTICLE 9. Indemnity and Insurance
Subject to the limitations of Section 768.28, Florida Statues, LESSEE shall indemnify and save
harmless the LESSOR from and against any and all claims, actions and suits, and from and against any and
all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which
LESSOR may sustain or incur to the extent arising from the negligent act or negligent omission of LESSEE
or its agents,contractors or employees.
LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims,actions
and suits, and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees,
payments, expenses and liabilities which LESSEE may sustain or incur due to the sole negligent act or
negligent omission of LESSOR.
LESSEE shall maintain during the course of this Lease, or any renewal thereof, comprehensive
general liability coverage including bodily injury and property damage, premises and operations coverage,
products and completed operations coverage, broad form property damage coverage, automobile liability
coverage including owned automobiles, non-owned automobiles and hired automobiles and contractual
liability coverage in an amount of not less than One Million and 00/100 Dollars ($1,000,000.00) combined
single limits.
If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall be provided
for all employees. The coverage shall be for statutory limits in compliance with the applicable State and
Federal laws. The policy must include Employer's Liability with a limit of One Hundred Thousand and
00/100 Dollars($100,000.00)each accident.
3
16C 4
LESSOR and LESSEE on behalf of themselves and all others claiming under them, including any
insurer, waive all claims against each other, including all rights of subrogation, for loss or damage to their
respective property (including, but not limited to, the Demised Premises) arising from fire, smoke damage,
windstorm, hail, vandalism, theft, malicious mischief and any of the other perils normally insured against in
an "all risk" of physical loss policy, regardless of whether insurance against those perils is in effect with
respect to such party's property and regardless of the negligence of either party. If either party so requests,the
other party shall obtain from its insurer a written waiver of all rights of subrogation that it may have against
the other party. LESSEE shall give prompt notice to LESSOR in case of fire or accidents in the Premises or
in the Building or of defects therein or in the fixtures or equipment. LESSEE hereby acknowledges that
LESSOR shall not be liable for any interruption to LESSEE's business for any cause whatsoever, and that
LESSEE shall obtain business interruption insurance coverage should LESSEE desire to provide coverage
for such risk.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If
corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the
same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such
costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of
written notice of costs incurred by LESSOR.
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default
and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to
LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably
required to correct such default).
ARTICLE 12. Default by LESSOR
Failure of LESSOR to comply with any provision or covenant of this Lease shall constitute a default
and LESSEE may, at LESSEE'S option, terminate this Lease after thirty (30) days written notice to
LESSOR, unless the default be cured within that notice period (or such additional time as is reasonably
required to correct such default).
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
to the other party at the following addresses:
LESSEE: LESSOR:
Board of County Commissioners Mr.Christopher Morra
0/0 Real Property Management Patriot Place Trust
3335 Tamiami Trail East 13245 Tamiami Trail East,Suite 101
Naples,Florida 34112 Naples,Florida 34114
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1
ARTICLE 14. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, or its earlier termination,broom clean and in as good condition and repair
as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or
LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond
LESSEE'S control excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated
in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for
additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall
involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard
operations.
ARTICLE 16. Radon Gas
In compliance with Section 404.056,Florida Statutes,all parties are hereby made aware of the following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your County Public Health Department.
ARTICLE 17. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 18. Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
Signatures appear on the following page.
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16C 4
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR: PATRIOT PLACE TRUST
DATED: 7 c,v6Y-"? .
WITNESSES: _,_.._---- -7ww—
BY: � _
C _ CHRISTOPER P.MORRA,as Trustee
frr . signatui L :`
1 L'1,24. '
Yeo �oY #44
print name
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WITNESSl (signature)
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print name
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AS TO THE LESSEE:
DATED: / .// /! BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
ATTEST:
DWIGHT E. BROCK,`Clerk
BY: 4_. . I. . BY:
"`' '''"*1.,.; , PENNY TA R,Chaff
Depu� ,j� ��—;.
s , °-`
Approved as to form and legality:
Jennifer A. Belpedio,Ass t County Attorney "? \\
LSI
6
16C 4
Exhibit'A'
13245 Tamiami Trail East
Naples,Florida 34114
Suite 100
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