Agenda 06/25/2013 Item #14B26/25/2013 14. B.2.
le� EXIECUTWE SUMMARY
Recommendation for the Community Redevelopment Agency (CRA) to approve the
relocation of the Bayshore Gateway Triangle CRA office, approve a new office lease with 3570
Bayshore Drive, LLC, (Landlord) and authorize the Chairman to sign the lease agreement.
(FY13 Fiscal Impact $1,500.00)
OBJECTIVE: To receive CRA approval to relocate the Bayshore Gateway Triangle CRA offices
to 3570, Unit C -2, Bayshore Drive and approve a new office lease with 3570 Bayshore Drive LLC,
(landlord) and authorize the Chairman to sign the lease agreement.
CONSIDERATIONS: The CRA has leased property located at 4069 Bayshore Drive since July
2008. The property was foreclosed by Bank of Naples in 2010 and the CRA has continued to rent a
portion of the building from the Bank. In May of 2012 the CRA Board executed an Extension and
Second Amendment to the Lease providing for an expiration date of June 30, 2014. However, the
Lease additionally included a provision that either party may terminate the lease agreement by
providing a 30 day written notice to vacate (Exhibit "A ").
On March 13, 2013 the property sold to the Beuchel Limited Partnership (Landlord). On March 18,
2013, Mr. Jacques Groenteman of John R. Wood (Property Manager) informed the CRA Interim
Director the property was actively being marketed to secure new tenants for the entire building. A
sign has been located on the property offering the building for lease (Exhibit "B ").
The CRA currently leases 1947 s.£ at $8.00 s.£, however the building comprises 4840 total s.f. The
new owner is seeking to rent the entire 4840 s.f. at a rate $10.00 s.f., which would increase the
rental rate from $1298.00 per month to $4,033.33 per month.
Pursuant to past history, a minimum of 60 days is required to obtain all documents and approvals
required to relocate. The CRA staff has attempted to work with the Property Manager and Landlord
to negotiate a lease amendment, particularly the 30 day notice to vacate clause, but has been
unsuccessful.
As a result, the CRA Advisory Board directed staff to seek alternative office space to accommodate
the CRA operations and budget. The CRA, Bayshore Beautification MSTU and Haldeman Creek
MSTU Advisory Board Members would rather operations remain in the community and in
particularly on Bayshore Drive.
The CRA staff investigated the possibility of utilizing office space within a County building and
determined there was nothing available to effectively accommodate the CRA operations. However,
storage space was provided by the County to accommodate warehouse storage space for signage
and poles on behalf of the MSTU operations allowing the CRA to seek smaller accommodations.
Three spaces were identified within the Redevelopment area and brought back to the CRA -AB for
their review and consideration. On May 7, 2013, the CRA Advisory Board unanimously approved
forwarding a recommendation to the CRA Board to approve relocating the CRA operations to 3570
Bayshore Drive. The owner is offering the CRA 1795 square feet of office space at an annual lease
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rate of $18,000 or $1500.00 per month. In addition, to offset the CRA's cost to relocate, the
property owner of 3570 Bayshore Drive is offering the CRA three months gratis rent ($4,500.00).
The proposed Lease Agreement provides for a three (3) year lease with a two (2) year extension
option at a rental rate of $1500.00 per month with a provision of a 3% per year increase. The lease
has an effective date of July 1, 2013 and the rate is inclusive of water, garbage and maintenance of
air conditioner, plumbing, etc., which will equate to an annual cost savings of $4,000.00.
LEGAL CONSIDERATIONS: The lease has been reviewed by the Office of the County
Attorney, Facilities Management Department, Risk Management and the Property Management
Department. -ST
FISCAL EWPACT: Sufficient operating funds are available in the FY13 budget to cover the
associated costs with the new lease term from July — September in the amount of $1,500.00
(security deposit). Receipt of three months free rent, less the $1,500.00 security deposit equates to
an FY13 surplus of +$2,388.00 for the same rental period. Relocation expenses for Collier County
IT, phone service, signage and interior modifications will be covered in the existing FY13
Operating Budget. The proposed FY14 Bayshore Gateway Triangle CRA Fund (187) budget
contains sufficient funds to cover FYI annual lease in the amount of $18,000.
Rental Exnenditure Comparison Chart
Annual Ez nditures
Banked Owned Office
Requested Rental Rate
Base Rent
$15,600
$48,400
Electric
$4,000
$4,000
Water & Sewer
$2000
$2000
Nflsc Maintenance
$2000
$2000
$23,600
56,400`
a
GROWTH MANAGEMENT IWACT: The move will allow the CRA staff to continue its
programs and projects within the budgetary and policy guidance and directives of the CRA Board in
furtherance of Policy 4.7 of the Future Land Use Element of the Growth Management Plan.
RECOMMENDATION: For the CRA to approve relocating the Bayshore Gateway Triangle CRA
office to 3570 Bayshore Drive, approve a 3 -year office lease with 3570 Bayshore LLC, (Exhibit
"C ") and authorize the CRA Chairman to sign the lease agreement.
Prepared by: Jean Jourdan, Interim Director, Bayshore /Gateway Triangle CRA
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COLLIER COUNTY
Board of County Commissioners
Item Number: 14.14.13.14.13.2.
Item Summary: Recommendation for the CRA to approve relocating the Bayshore
Gateway Triangle CRA office to 3570 Bayshore Drive, approve a 3 -year office lease with 3570
Bayshore LLC, (Exhibit "C) and authorize the CRA Chairman to sign the lease agreement.
Meeting Date: 6/25/2013
Prepared By
Name: jourdanJ
Title: Project Manager,
6/11/2013 6:09:53 PM
Submitted by
Title: Project Manager,
Name: jourdanj
6/11/2013 6:09:55 PM
Approved By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
Date: 6/17/2013 12:39:30 PM
Name: MuckelCynthia
Title: Applications Analyst,Information Technology
Date: 6/17/2013 2:48:18 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 6/17/2013 3:22:14 PM
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 6/17/2013 5:12:49 PM
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Name: OchsLeo
Title: County Manager
Date: 6/18/2013 8:46:45 AM
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A00"41%.
EEXHIBIT--,A 6/25/2013 1 4. B.2.
EXTENSION AND SECOND AMEND IT To RCIAL LEASE AGREEMENT
THIS EXTENSION AND SECOND AMENDMENT TO COMMERCIAL LEASE
AGREEMENT entered into the _day of MAV, 2012, between PALMYRA CLUB
INVESTORS, LLC, a Florida Limited Liability Compan by and through Bank of Naples under an
Assignment of Rents dated June 27, 2006 more particularly described below (hereinafter referred to
as "Landlord "), and the COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY
BAYSHORE GATEWAY TRIANGLE (hereinafter referred to as "Tenant ").
WITNESSETH
In consideration of the mutual covenant s contained herein, and other valuable
consideration, the parties agree as follows:
WHEREAS, PALMYRA CLUB INVESTORS, LLC, and Tenant have previously entered
into a Lease Agreement dated July 1, 2008, a copy of which is attached hereto; and
WHEREAS, the parties acknowledge that Bank of Naples enters into and executes this
Extension and Second Amendment to Lease Agreement pursuant to the provisions of an
Assignment of Rents dated June 27, 2006, recorded in O.R. Book 4063, Page 3024, and an
assignment of commercial lease dated January 20, 2012; and
WHEREAS, the Landlord and Tenant are desirous of extending the Expiration Date of the
Lease Agreement to June 30, 2014; and
WHEREAS, the Landlord and Tenant are desirous of amending the Lease Agreement in the
manner set forth below.
NOW THEREFORE, in consideration of the covenants and conditions set forth herein,
together with Ten Dollars ($10.00) and other valuable consideration, the Lease Agreement is
amended as follows:
1. The Expiration Date of the Lease Agreement as set forth is Section 1.8 is hereby extended to
June 30, 2014.
2. Section L I — Premises: Exhibit "A" is hereby amended and replaced by Revised Exhibit
"A" (the "Premises "), a copy of which is attached hereto and incorporated herein.
3. Sections 1.2 and 1.3 — It is noted that payment for rent has been assigned from Palmyra Club
Investors, a Florida Limited Liability Company, to Bank of Naples, whose address is 4099
Tamiami Trail North, #100, Naples, Florida 34103.
4. Section 1.10 — The Base Monthly Rent through the extended term is decreased by
approximately 20% to $8.00per sq. ft., or $1,298.00 (one thousand two hundred ninety eight
dollars and 00 /100). The security deposit remains the same.
5. Section 2.7
— Either party, Tenant or
(30) days written notice.
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may terminate this Lease
6/25/2013 14.B.2.
6. Except as expressly provide herein, the Lease Agreement dated July 1, 2008 by and between
Palmyra Club Investors, LLC, and the Collier County Community Redevelopment Agency,
as amended on June 22, 2010, 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.
IN WITNESS WHEREOF, the Landlord and Tenant have hereto executed this Extension
and First Amendment to Lease Agreement the day and year first above written.
TO
(Signature)
(Print Name)
Witness (Signa re)
(Print Name)
AS TO TENANT:
ATTEST: `... • ^ R
DWIMT E. BRQCK,- .Clerk
BB
Approved as to form
and legal sufficiency:
4--71LIJ
Steven T. Williams
Assistant County Attorney
BANK OF NAPLES l
LINDY DAMIC O , VP, Bank of Naples
COLLIER COUNTY COMMUNTY
REDEVELOPMENT AGENCY
By:—
DONNA FIALA, CHAIRMAN
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EXHIBIT A
Second Revision 2012
4069 Bayshore Drive
CRA LEASE SPACE
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EXHIBIT "B"
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6/25/2013 14.B.2.
EXHIBIT "C"
COMMERCIAL LEASE AGREEMENT
THIS AGREEMENT OF LEASE is made as of July 1, 2013 by and between 3570
Bayshore Drive, LLC, a Florida company, (hereinafter "Landlord ") and Bayshore Gateway
Triangle Community Development Agency, 4069 Bayshore Drive Naples, FL (hereinafter
"Tenant")-
1. PREMISES; TERM; PURPOSE: Landlord and Tenant agree to Lease the
property described as Unit C-2, 3570 Bayshore Dr., Naples FL according to the Declaration of
Condominium, recorded at O.R. Book 3573, Page 3711, Public Records of Collier County,
Florida (hereafter the Premises "), for three (3) years, beginning August 1, 2013 and ending July
31, 2016; a space consisting of approximately One Thousand Seven Hundred Fifty Square Feet
(1,750 sq ft).
Tenant agrees to occupy and use the Premises for the purpose of operating a government office
and for no other purpose without obtaining the written consent of Landlord.
2. BASE RENT: From July 1, 2013 through July 31, 2016, Tenant shall pay to
n Landlord at P.O. Box 7$3, Cranford, NJ 07016, or as otherwise directed by Landlord, the
monthly rent of One Thousand Five Hundred Dollars ($1,500.00) in advance promptly on the
first day of every calendar month of the term. The base rent shall increase three percent (3 %) per
year, following the Lease for each year thereafter. If tenant opts to extend the Lease, for an
additional two (2) years, Tenant must advise landlord, in writing, ninety (90) days prior to the
expiration of the Lease. A Security Deposit equal to one month's rent rate (One Thousand Five
Hundred Dollars (1,500.00) is due upon the execution of this Lease. Upon execution of this
Lease and receipt of the security deposit, Landlord grants Tenant the first three (3) month's rent
(July, August and September 2013) at no charge. The Tenant's rental payment obligations to
Landlord will commence on October 1, 2013,
The amount of the monthly rental is based on Tenant leasing approximately One Thousand Seven
Hundred and Fifty (1750) square feet. Both parties acknowledge this square footage is an
estimate only, and should the actual square footage vary from this amount, neither party shall
have the ability to terminate this Lease or otherwise adjust the rental amount in any fashion.
3. UTILITIES /GARAGE: Tenant hereby acknowledges and agrees that it is the
Tenant's responsibility to directly apply for and pay promptly, when due, all costs of all electric
and gas, as well as the cost of any impact fees, hook -up fees, transfer fees, deposits and any other
fees that are required by any utility company and/or city, county, state or federal agency. Since
water is not currently invoiced separately metered, the base rental amount shall be deemed to
include water.
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EXHIBIT "C"
Trash pickup shall be included in the base rental amount, provided, however, TENANT shall, at
its own cost provide for a dumpster for removal of any trash and/or building materials during its
renovations to the Premises. The only trash pickup included in this Lease shall be routine, day -to-
day garbage pickup.
4. REAL ESTATE TAKES: Landlord shall pay all real estate tax bills relating to
the Premises.
5. LATE CHARGE AND INTEREST ON PAST DUE PAYMENTS: In the
event that any amounts owed by Tenant under this Lease are not received by Landlord within five
(5) days of the date due, then Tenant shall pay to Landlord, as additional rent, a late charge of
five percent (5 %) of the amount due plus interest at the highest rate allowed by law, compounded
monthly, on any past due amounts; provided, however, that the interest shall not begin to accrue
until five (5) days after the due dates of any such amounts. Should the amounts owed by Tenant
under this Lease not be received by Landlord within ten (10) days of the date due, the late fee
shall increase to ten percent (10 %) of the amount due, plus interest. Failure of the Tenant to pay
any. sums under this Section 5 shall entitle Landlord to all rent default remedies hereunder and by
law.
6. SYSTEMS, SYSTEMS EQUIPMENT AND MAINTENANCE: Tenant agrees
to accept the Premises and all HVAC, plumbing and electrical systems and systems equipment
therein or specifically relating thereto, in its present state and condition. r1
Landlord agrees to obtain a contract, where available, at Landlord's sole expense, from a duly
licensed contractor who will provide no less than semiannual service for the air conditioning
system within Tenant's Premises throughout the term of this Lease. Such service is to include
regular filter changes, and other preventative maintenance deemed necessary in order to maintain
the system in a satisfactorily operable condition with reasonable wear and tear accepted.
Landlord is solely responsible for all costs associated with the replacement of any HVAC,
plumbing and/or electrical systems within the Premises, if replacement is required.
The exterior maintenance and repair of the building, all mechanical equipment used for the
common surrounding grounds and parking 1 ots area and all glass and doors, unless damaged as a
result of the Tenant's negligence which shall them be repaired or replaced at Tenant's sole
expense, shall be maintained and repaired and/or replaced by Landlord at his sole cost and
expense.
The interior of the Premises, including janitorial maintenance, shall be maintained by Tenant at
Tenant's sole expense. Should Tenant fail to perform necessary maintenance within a reasonable
period of time and in a manner consistent with keeping the Premises in first -class condition,
Landlord may arrange to have maintenance performed, and the cost of such maintenance shall be
due from Tenant promptly upon demand as additional rent.
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EXHIBIT "C„
7. MODIFICATIONS TO EXTERIOR OF PREMISES: SIGNS: No alteration,
modification or installation of any fixture, or carrying on of any activity, on the exterior of the
Premises shall be permitted to be undertaken by Tenant or its agents without the prior written
consent of Landlord. In addition, Tenant shall maintain all show windows and signs in a neat
condition and shall not use any advertising or other media that can be heard from outside of the
Premises. Tenant shall erect a business identification sign only according to plans and
specifications provided by Tenant and after receiving Landlord's written approval.
8. MODIFICATIONS TO INTERIOR OF PREMISES: No alteration, addition
or improvement to the interior of the Premises shall be made by Tenant without the written
consent of Landlord. Any alteration, addition or improvement made by Tenant after such
consent, and any fixture installed as part thereof, shall upon the expiration or sooner termination
of this Lease, at the sole option of Landlord, either become Landlord's property or be removed
and the Premises restored to their original condition at Tenant's expense. In connection with any
such modification or improvements, Tenant shall save and hold Landlord harmless from any
material, labor, mechanics or other liens that may be placed upon the Premises by reason of any
work done on the Premises on behalf of Tenant, or any nonconformance with building code and
permit requirements. Tenant is responsible to obtain a C.O. (Certificate of Occupancy).
Notwithstanding the foregoing, Tenant shall maintain the interior of the Premises. Maintenance
items shall include, but not be limited to, painting, mirrors, carpeting, lighting and displays.
9. COMPLIANCE WITH ALL LAWS: Tenant, with respect to Premises, agrees
to properly comply with all laws, rules, and regulations of all federal, state, county and city
governments or any political subdivisions thereof. Tenant further agrees to make no unlawful,
improper or offensive use of the Premises. Landlord makes no representations as to the suitability
of the Premises for any intended purpose. Tenant shall be responsible for obtaining all
occupational licenses, permits, or any other governmental approval as may be required for Tenant
to utilize the Premises.
10. INSURANCE: Tenant shall be responsible for obtaining such insurance as
deemed necessary for all contents and materials located in the Premises, together with any Tenant
improvements to the Premises. Tenant shall also keep in full force and effect, comprehensive
public liability insurance insuring Landlord and Tenant against injury to property, persons or loss
of life arising out of use of occupancy of the Premises by any person, with limits per accident of
at least $5,000,000 bodily injury and $1,000,000 property damage. Subject to Section 768.28,
Florida Statutes, Tenant agrees to indemnify and hold harmless Landlord against any and all
Maims, costs and expenses arising from or in any manner related to the conduct or management
of business or other activities conducted by Tenant in the Premises. Tenant shall provide
Landlord with a certificate evidencing insurance including evidence that Tenant's waiver of
liability on the part of Landlord does not affect such policy or the right of the insured to recover
thereunder. Further, Landlord and Tenant shall obtain from their respective insurers
endorsements whereby the insurers agree to waive any right of subrogation against Landlord or
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EXHIBIT "C„
... _ _...__.... _
Tenant, as the case may be, in connection with fire or other risks or casualties covered by said
insurance. Landlord shall furnish a certificate of such insurance to Tenant. Tenant agrees that
Landlord shall be allowed to make a claim or authorize any claim to be made against Tenant, its
employees, servants or agents in connection with or as a result of fire, explosion or other casualty
damaging the Premises. Nothing in this paragraph is considered a waiver of sovereign immunity
by the Tenant.
Tenant shall repair, at its own expense, all damage to or destruction of any plate or window glass
on the Premises, and shall maintain adequate plate glass insurance at its own expense for the
benefit of Landlord. If Tenant fails to repair the damage of any plate glass or window glass in the
Premises or fails or refuses to maintain adequate plate glass insurance for the benefit of
Landlord, then Landlord may repair said damage or destruction or may insure the plate glass and
charge the cost of such repairing or the cost of premium for the plate glass insurance to Tenant,
and the amount thereof shall be deemed to be, and be payable as, additional rent.
11. DAMAGE TO LEASED PROPERTY: Should the Premises be destroyed or so
damaged by fire or other casualty, through no fault of the Tenant, during the term of this Lease
that they shall be rendered wholly or partially unrentable, and Landlord has not repaired or
replaced the Premises within sixty (60) days of such damage or destruction, Tenant may, at its
option, cancel this Lease with no further liability to the parties except to the extent of obligations
which have accrued to the date of cancellation. In case of any damage or destruction occurring
during the last 12 calendar months of this Lease or an extension or renewal, to the extent of fifty
percent (50 %) or more of the insurable value of the Premises, either Party may cancel this Lease
as of the date of damage by giving written notice within thirty (30) days of such damage. In no
event shall Landlord be liable for damage or destruction to stock -in- trade, fixtures, furnishings,
or other personal property belonging to the Tenant or belonging to others located in, on or about
the Premises. Unless Landlord has given Tenant notice of election not to repair within that
period, the Landlord shall be deemed to have elected to repair.
12. WAIVER OF SUBROGATION: Landlord shall not be liable for any damage to
or destruction of any of Tenant's goods, merchandise, fixtures, or other property caused by fire or
any other form of casualty to the Premises.
13. SUBORDINATION: This Lease and all rights of Tenant hereunder are
subordinated to the liens of any mortgages covering the Premises which are, or shall later be,
placed upon the Premises or any additions to it Tenant agrees to execute and deliver such further
instruments subordinating this Lease to the lien of such mortgage as shall be desired by any
mortgagee. Tenant hereby irrevocably appoints Landlord attorney -in -fact of Tenant to execute
and deliver such instruments. Tenant shall in the event of the sale or assignment of Landlord's
interest in the Building or in the event of any proceedings brought for the foreclosure of any
mortgage covering the building attom to recognize such purchaser or mortgagee as Landlord
under this Lease, and in any such events, Landlord named herein shall not thereafter be liable as a
party under this Lease.
14. PARKING: USE OF COMMON AREAS: Tenant shall have the right in
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EXHIBIT "C"
common with other tenants to use automobile parking areas, driveways and walkways in
connection with its business subject to any reasonable regulations for the use thereof specified by
Landlord, including but not limited to rules pertaining to parking of automobiles of Tenant's
employees. Landlord shall have control and management of common areas. Landlord shall not
interfere with ingress and egress to and from the Premises of Tenant's employees or patrons, nor
shall Landlord hinder the visibility of Tenant's Premises; provided, however, that the foregoing
shall not be construed to limit Landlord's performance of work, repairs, maintenance or
construction.
15. EVENTS OF DEFAULT: REMEDY: The following events, or any one of them,
shall be events of default under this Lease: (a) Tenant shall fail to make any payment due under
this Lease within ten (10) days after the same is due and payable; or (b) Tenant shall fail to
perform or comply with any of the other terms, covenants or conditions hereof and such failure
shall continue for more than ten (10) days after written notice thereof from Landlord; or (c)
Tenant shall discontinue its business on the Premises or vacate or desert the Premises; or (d)
Tenant shall become insolvent or bankruptcy proceedings shall be begun by or against Tenant.
In the event of any such default, Landlord shall have the option, with or without terminating this
Lease, to re -enter and retake possession of the Premises and to Lease them to any other person
upon such terms as Landlord shall deem reasonable, or to declare all rent for the balance of the
term immediately due and payable, or both. Tenant expressly agrees to pay Landlord all
reasonable costs and fees, including attorney's fees, incurred by Landlord in enforcing the
provisions of this Section or any other provision of this Lease. Landlord's rights herein conferred
are not intended to be exclusive of any other right provided herein or by law, but they shall be
cumulative, and such rights may be pursued singly, cumulatively, and successively, as Landlord
may elect. In the event of litigation between Landlord and Tenant, it is agreed by both parties
venue for any eviction action shall rest in the county where the property is located.
Tenant covenants and agrees that if, at anytime, Tenant becomes a debtor under the Bankruptcy
Code or is adjudged bankrupt or insolvent under the laws of any state, or makes a general
assignment for the benefit of creditors, or if a receiver of Tenant's property in the Premises is
appointed and shall not be discharged within thirty (30) days of such appointments then Landlord
may, at it's option, declare this Lease terminated and shall forthwith be entitled to immediate
possession of the Premises except that if any such proceedings are pursuant to the Bankruptcy
Code, then Landlord shall be entitled to all rights and remedies accorded landlords, including
without limitation those set forth in said Bankruptcy Code.
16. NOTICES: Any notices required or permitted to be given hereunder shall be in
writing and delivered personally or sent by registered or certified mail, addressed as follows:. if to
Landlord, at the address where the last previous rental hereunder was payable; and if to Tenant,
at the Premises, or other such place as Tenant may from time to time designate by notice to
Landlord. In the case .of personal delivery, notice shall be deemed to occur on the date of actual
delivery. In the case of notice by certified or registered mail, notice shall be deemed to occur on
the date of posting.
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EXHIBIT "C"
...........
17. CONDITION OF PREMISES: Tenant hereby acknowledges that Tenant has
examined the Premises and that taking possession of the Premises shall be an acknowledgement
by Tenant that the Premises are in good and tenantable condition, and satisfactory to Tenant, at
the beginning of the term hereof. Landlord is under no duty to make repairs or alterations at the
time of letting or at any time thereafter unless specially set forth elsewhere herein. No agreement
relative to any alterations, additions or improvements, if required by such agreement, shall in any
way affect the payment of all rent at the times specified in this Lease.
18. WAIVER: Waiver by Landlord, either expressed or implied, of any breach of any
term or condition herein contained shall not be deemed to be a waiver of any other term or
condition. The subsequent acceptance of rent by Landlord shall not be deemed to be a waiver of
any preceding breach by Tenant.
19. WAIVER OF TRIAL BY JURY: It is mutually agreed by and between Landlord
and Tenant that the respective parties hereto shall and they hereby do waive trial by jury in any
action, proceeding or counterclaim brought by either of the parties hereto against the other on any
matters whatsoever arising out of or in any way connected with this Lease, the relationship of
Landlord and Tenant, Tenant's use or occupancy of the Premises, and any emergency statutory
remedy.
20. EMINENT DOMAIN: If the entire Premises are taken by eminent domain, this
Lease shall automatically terminate as of the date of taking and any award of compensation
(except to the extent expressly awarded to Tenant) shall belong to Landlord. If a portion of the
Premises is taken by eminent domain, Landlord or Tenant shall have the right to terminate this
Lease by giving written notice thereof to the other party within ninety (90) days after the date of
taking. If a portion of the Premises is taken by eminent domain and this Lease is not hereby
terminated, Landlord shall, at its expense, restore the remaining portion of the Premises to a
rentable condition, if necessary and exclusive of any improvements or other changes made to the
Premises by Tenant. In the event of a total taking of the Premises, rent shall- abate from the date
of taking. In the event of a partial taking, rent shall abate from the date of taking in the proportion
that the taken portion of the Premises bears to the entire Premises.
21. ASSIGNMENT AND SUBLETTING: Tenant shall not, without the prior
written consent of Landlord, assign this Lease, to another, nor encumber this Lease or any right
hereunder or sublet the Premises in any manner. In the event of any such permitted assignment,
encumbrance or subletting, Tenant shall remain liable for payment of all rent and other charges
provided in this Lease and for the performance of all of its covenants and conditions.
22. INDEPENDENCE OF COVENANTS: An allegation by Tenant of Landlord's
breach of this Lease shall not excuse Tenant's performance of its obligations, monetary and
otherwise, under this Lease, and Tenant shall not be entitled to any right of set-off so long as the
alleged claim has not been reduced to judgement.
23. QUIET ENJOYMENT; ACCESS TO PREMISES; SURRENDER: So long as
Tenant is not in default hereunder, Tenant shall be entitled to peacefully and quietly enjoy
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possession of the Premises, and Landlord shall defend Tenant's right to the same in any action
brought by any third party at Landlord's cost and expense. Notwithstanding the preceding
sentence, Landlord, or its representative, shall have the right to enter upon the Premises at any
reasonable time for the purpose of inspecting, making repairs, or showing the Premises to
prospective tenants within the last six months of the term or any renewal or extension of this
Lease. Landlord or its representatives shall have access to the Premises provided that such entries
shall be accomplished in a manner least likely to interfere with Tenant's business. On the last day
of the term of this Lease or upon the earlier termination thereof for any reason, Tenant shall
peaceably and quietly surrender the Premises in good order and repair.
Tenant understands and agrees that Landlord may, at any time or from time to time during the
term of this Lease, perform substantial renovation work in and to the Building or the mechanical
systems serving the building (which work may include, but need not be limited to, the repair or
replacement of the building's exterior facade, exterior window glass, elevators (if applicable),
electrical systems, air conditioning and ventilating systems, plumbing system, common areas
and/or hallways, or lobby), any of which work may require access to the same from within the
Premises.
Tenant agrees that: (a) Landlord shall have access to the Premises at all reasonable times, upon
reasonable notice, for the purpose of performing such work, and (b) Landlord shall incur no
liability to Tenant, nor shall Tenant be entitled to any abatement of rent on account of any noise,
vibration, or other disturbance to Tenant's business at the Premises which shall arise out of said
access by Landlord or by the performance by Landlord of the aforesaid renovations at the
Building, and (c) Landlord shall use reasonable efforts (which shall not include any obligation to
employ labor at overtime rates) to avoid disruption of Tenant's business during any such entry
upon the Premises by Landlord, and (d) It is expressly understood and agreed by and between
Landlord and Tenant that if Tenant shall commence any action or proceeding seeking injunctive,
declaratory, or monetary relief in connection with the rights reserved to Landlord under this
provision, or if Landlord shall commence any action or proceeding to obtain access to the
Premises in accordance with this provision, and if Landlord shall prevail in any such action, then
Tenant shall pay to Landlord, as additional rent under this Lease, a sum equal to all reasonable
legal fees, costs and disbursements incurred by Landlord in any way related to or arising out of
such action or proceeding. Should Tenant prevail in any such action, then Landlord shall offset
the monthly rent payable by Tenant under this Lease, a sum equal to all reasonable legal fees,
costs and disbursements incurred by Tenant in any way related to or arising out of such action or
proceeding.
Tenant acknowledges that the Premise is located in a mixed -use building, with five (5)
residential units located on the second level. Tenant affirmatively represents that it shall take all
reasonable steps to minimize noise emanating from the Premises.
Tenant shall limit its office hours from 6:00 am. to 10:00 p.m.
24. HOLDING OVER: If Tenant shall continue to occupy and remain in the
Premises at the expiration of said term, and prior thereto a renewal thereof has not been
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negotiated, then it is agreed between the parties that in such event such possession by the Tenant
shall be considered as a month -to -month tenancy and subject to the same rentals, covenants and
conditions as originally written herein, and no extension of said Lease, other than for month -to-
month, shall be valid unless expressly stipulated in writing by Landlord.
25. SECURITY DEPOSIT: Tenant shall, upon the execution of this Lease, deposit with
Landlord the sum of One Thousand Five Hundred Dollars ($1,500.00), as security for the faithful
performance of all the terms and conditions of this Lease, including, but not limited to, the
prompt payment of all sums due under this Lease and to indemnify Landlord for any loss, costs,
fees or necessary expenses which Landlord may incur as a direct and proximate result of any
breach of this Lease by Tenant. Landlord shall have the right to apply any or all such security
deposit, from time to time, in order to cure any default in the performance of Tenant's obligations
under this Lease. In the event that Landlord applies any or all of such security deposit to cure any
such default prior to the expiration or earlier termination of this Lease, Tenant shall promptly
replace the amount so applied so that at all times hereunder the security deposit will be
maintained at the sum above stated. The amount of such replacement of the security deposit shall
be immediately payable as additional rent hereunder. Landlord shall return any remaining portion
of such security deposit to Tenant, without interest, within thirty (30) days after the expiration or
earlier termination of this Lease. Tenant agrees that the holder of any mortgage covering the
Premises shall not under any circumstances be liable for such deposit. In the event of a transfer of
title of the building, Landlord may deliver said deposit to the transferee and thereupon the
transferring Landlord shall be discharged from any further liability with respect to the deposit and
the transferee shall hold said deposit as Landlord under - this section.
26. OTHER PROVISIONS: The following paragraph is inclusive as attached hereto
and made a part of this Lease.
(a). "RADON GAS ": 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 Unit." Tenant acknowledges
having read the foregoing notification, and has executed this Lease fully aware of the
aforementioned conditions.
(b) No Liability of Landlord: It is expressly agreed by the parties that Landlord shall not
be liable for any damage, injury, or death, which may be sustained by Tenant, it agents,
servants, employees, customers and invitees, or other persons resulting from the
intentional acts, carelessness, negligence or improper conduct on the part of the other
tenants (or such tenants, servants, employees, agents, or invitees), or caused by the
Premises or other portions of the Building being or becoming out of repair, without the
Landlord's knowledge, including damage caused by breakage or leakage of pipes or any
other leakage.
(e) Rights Cumulative: The rights of the parties shall be cumulative. The failure of
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either parry to insist on a strict performance of any provisions herein is not a waiver of
such provision in any other instance.
(d) Custom Charges for Tenant's Account: Any charges of Landlord for services, or for
work done on the Premises by order of the Tenant, or otherwise accruing under this
contract shall be considered as rent due and shall constitute a lien for rent due and unpaid.
(e) Subordination by Tenant: This Lease is subject and subordinate to all ground or
underlying Leases and to all mortgages which may now or hereafter be placed by the
Landlord on said Premises and improvements, and to all renewals, modifications,
consolidations, replacements and extensions thereof. The preceding sentence shall be
required by any mortgagee or Tenant. In confirmation of such subordination, the Tenant
shall execute and deliver promptly any certificate on behalf of the Tenant. Provided,
however, Tenant's failure to execute such documents upon request shall constitute a
default hereunder.
(f) Waiver of Jury Trial: The parties (to the fullest extent permitted by law) waive trial
by jury in any action, proceeding or counterclaim brought by either of the parties against
the other or any matters arising out of this Lease or the relationship of Landlord and
Tenant.
(g) indemnification Hold-Harmless: Landlord shall not be liable to Tenant or Tenant's
/"N employees, agents, or visitors, or to any other person or entity whomsoever, for any injury
to person or damage to or loss of property on or about the Premises or the common areas
caused by the act of Tenant, its employees, licensees or agents, or of any other person
entering the building under the express or implied invitation of Tenant or arising out of
the use of the Premises by Tenant and the conduct of its business therein, or arising out of
any breach or default by Tenant in the performance of its obligations hereunder.
To the extent permitted by law, and subject to Section 768.28, Florida Statutes, Tenant,
with respect to itself and its agents, employees, servants, and invitees, agrees to
indemnify and hold Landlord, its agents, employees, and invitees harmless of, from, and
against all risks and damages to persons and Property by reason of the present or future
condition of the leased Premises. Additionally, to the extent permitted by law, and
subject to Section 768.28, Florida Statutes, Tenant agrees to indemnify and hold
Landlord, its agents, employees, and invitees harmless of, from and against all claims,
actions, damages, liabilities, and expenses asserted against the Landlord on account of
injuries to person or damage to property when and to the extent that any such damage or
injury may be caused wholly or in part, by any act or omission, whether negligent or not,
of Tenant or any of its agents, servants, employees, contractors, patrons, or invitees
(while such invitees are on the leased Premises) or of any other person entering on the
leased Premises under or with the expressed or implied invitation of Tenant, or if any
such injury or damage may in any other way arises from or out of the occupancy or use by
Lessee, its agents, employees, and invitees, of the leased Premises. Nothing in this
paragraph is considered a waiver of sovereign immunity by the Tenant.
(h). No Mechanics Lien: The interest of Landlord in the Premises shall not be subject to
liens for improvements made by Tenant. Upon request of Landlord, Tenant shall execute
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a recordable memorandum of this Lease stating that the Premises shall not be subject to
mechanics' liens. If any notices of mechanics' liens are filed against the Premises as a
result of Tenant's acts, Tenant shall cause liens to be discharged within ten (10) days of
such notice.
(i) No Recordation: This Lease shall not be recorded, nor shall the existence of this
Lease be mentioned by Tenant in any recorded document unless Landlord does so for
purposes of limiting Landlord's liability for mechanic's liens.
0) Estoppel Certificate: At any time, and from time to time, upon the written request of
Landlord or any mortgagee, Tenant, with ten (10) days of the date of such written request,
agrees to execute and deliver to Landlord and/or such mortgagee, without charge and in a
form satisfactory to Landlord and/or said mortgagee, a written statement: (a) ratifying this
Lease; (b) confirming the commencement and expiration dates of the term of this Lease;
(c) certifying the Tenant is in occupancy of the Premises, and that this Lease is in full
force and effect and has not been modified, assigned, supplemented or amended, except
by such writings as shall be stated; (d) certifying that all conditions and agreements under
this Lease to be satisfied and performed have been satisfied and performed, except as
shall be stated; (e) certifying that Landlord is not in default under this Lease and there are
no defenses or offsets against the enforcement of this Lease by Landlord, or stating the
defaults and/or defenses claimed by Tenant; (f) reciting the amount of advance rental, if
any, paid by Tenant and the date to which rental has been paid, (g) reciting the amount of
security deposited with Landlord, if any, and (h) any other information which Landlord or
the mortgagee shall require.
(k) Rules and Regulations: Landlord reserves the right from time to time to adopt and
promulgate rules and regulations applicable to the demised Premises and the Building and
to amend and supplement such rules and regulations. Notice of such rules and regulations
and of any amendments and supplements thereto shall be given to Tenant and Tenant
agrees thereupon to comply with and observe all such rules and regulations, provided that
the same shall to the extent practicable be applied uniformly to all of the tenants in the
building. Tenant acknowledges receipt of a copy of Tenant's handbook containing the
building's rules and regulations and agrees to abide by such rules and regulations as
amended from time to time.
0) Right of Inspection The Landlord shall have access to the Premises at reasonable
times for the purpose of inspecting the same and making repairs.
(m) Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
(n) Attorney's Fees. In the event either party engages the services of an Attorney to
collect the rental under the terms of this Lease or to enforce any of the terms of this
Lease, it is expressly contracted, covenanted, and agreed by and between Landlord and
Tenant that the party that does not prevail shall pay the cost of any such services incurred
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by the prevailing party, as well as the court costs which might to incident to a suit brought
for the enforcement of any or all of the terms of this Lease Agreement.
27. ENTIRE AGREEMENT; SUCCESSORS: This Lease contains the entire and
only agreement, verbal or otherwise, between the parties concerning the Premises and shall be
binding on the heirs, personal representatives, successors and assigns, respectively, of each party.
This Lease shall be construed in its entirety. The subject headings of particular sections are for
convenience sake and shall not control the construction of the Lease. In the event that any part of
this Lease shall be deemed unenforceable, that part of the Lease shall be relaxed to be construed
in a manner most consistent with its original intent, and the rest of the Lease shall remain in full
force and effect according to its terms. No modification of this Lease shall be enforceable unless
the modification is in writing and signed by the party against which enforcement is sought.
IN WITNESS WHEREOF, this Lease has been duly executed by Landlord and Tenant as
of the day and year first above written.
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AS TO LANDLORD:
Witness (Signature)
(Print NarW)
Witness (Si
(Print Name)
STATE OF FLORIDA
COUNTY OF COLLIER
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F-XHI I 1 64C"
3570 BAYSHORE DRIVE, L C
By: t1,nnt.
J S TURRI, MANAGING MEMBER
Im
The foregoing instrument was acknowledged before me on this � day of
2013 by James Turn, managing member of 3570 Bayshore Drive, LLC, who is personally known
to me or who has provided P-ce"c* :!� -10�6 (type of identification) as identification.
j-)6
Notary Public
My commission Expires:
Kstdw Hof"
try
Naar 60" 2*i0
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AS TO TENANT:
ATTEST: COLLIER COUN'T'Y COMMUNITY
DWIGHT E. BROCK, Clerk REDEVELOPMENT AGENCY
By: By:
TIM NANCE, CHAIRMAN
Approved a to form and legality:
�?"�
Scott R. Teach
Deputy County Attorney
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