Agenda 06/28/2011 Item #16B1
Agenda Changes
Board of County Commissioners Meeting
June 28, 2011
Withdraw Item 10F: Recommendation to approve a Resolution establishing an outdoor burning bau iu
the unincorporated areas of Collier County in accordance with Ordinance No. 2009-23, the Regulation of
Outdoor Burning aud Incendiary Devices during Drought Conditions Ordinance. (Staff's request)
Move item 16B1 to Item 13A:
Recommendation for the Board of County
Commissioners (BCC), acting as the
Community Redevelopment Agency (CRA),
to approve the relocation of Immokalee CRA
Office, approve the master lease with Barron
Collier Partnership, LLLP, and authorize the
Chairman to sign the master lease
agreement. (3120 15th Street North, Unit 2,
Immokalee). (Commissioner Henning's
request)
Move Item 16E7 to Item lOG: Recommendation to approve a Final Management Plan for the
Gordon River Greenway Preserve under the Conservation Collier Land Acquisition Program and direct the
County Manager, or his designee, to implement the plan. (Commissioner Henning's request)
Move Item 16A2 to Item 10H: Recommendation to approve the purchase of five (5) acres of
unimproved property which will be required for the construction of a stormwater detention and treatment
pond for Phase II of the Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II (Fiscal
Impact: $50,450) (Commissioner Hiller's request)
Move Item 16DI to Item 101: Recommendation to approve a waiver pursuant to CMA #531l(M), to
authorize the Parks and Recreation Director's participation and sen'ice as a member of the Early Learning
Q>alition of Southwest Florida, Inc. Board of Directors. (Commissioner Hiller and Commissioner Coyle's
separate requests)
Move Item 16E3 to Item 10J: Recommendation to authorize the Chairman to execute a letter to the South
Florida Water Management District (SFWMD) giving Century Oil Inc., LLC permission to apply for a water
use permit within the Caracara Prairie Preserve. (Commissioner Hiller and Commissioner Coyle's separate
requests)
Move Item 16A9 to Item 10K: Recommendation to authorize the use of the newly adopted "Warehouse"
Road Impact Fee rate for the United Materials, Inc. expansion project, if the Building Permit for the
proposed construction is applied for prior to the effective date of September I, 2011 for the new/revised land
use rates. (Commissioner Hiller's request)
Move Item 16E4 to Item 10L: Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide the Board of County Commissioners and public with an update on the Program's past
activities. (Commissioner Coyle's request)
6/28/2011 Item 16.8.1.
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners (BCC), acting as the Community
Redevelopment Agency (CRA), to approve the relocation of Immokalee CRA Office, approve the
master lease with Barron Collier Partnership, LLLP, and authorize the Chairman to sign the
master lease agreement. (3120 15th Street North, Unit 2, Immokalee).
OBJECTIVE: To (1) obtain BCC approval for the relocation of the Immokalee CRA 3120 15th Street
North, Unit 2, Immokalee, (2) approve office lease with Barron Collier Partnership, LLLP (Landlord),
and (3) authorize the Chairman to sign the attached lease agreement.
CONSIDERATIONS: CRA staff currently shares office space at 310 Alachua Street in Commissioner
Coletta's satellite office (1,994 sq. ft.). The Code Enforcement (four employees), one Permitting staff, 3
CRA staff and 2 Immokalee Business Development Center (IBDC) staff are housed in this unit. There is
not adequate space for the ten employees in this office space.
After careful review of available office rental space in Immokalee, staff identified office space to meet the
CRA and IBDC space needs. This location offers an adequate amount of space, a more professional
setting and is located on north Main Street in a highly visible location.
The proposed facility at 3120 15th Street has 3,938 square feet of space at a lease rate of $9.14/ sq. ft. or
$3,000.00 per month. This rate includes water and sewer, trash removal; exterior maintenance (to include
landscape). Collier County Budget Guideline stipulates lease rates per square foot per year as $6 - $12
for Immokalee office/medical space. The lease would commence on July 1,2011.
~
In an effort to foster economic development in the Immokalee Urban Designated Area, and to potentially
offset a portion of the cost of this lease, the CRA may sublease to businesses engaged in economic
development and/or to businesses enrolled in the IBDC programs.
FISCAL IMPACT: Sufficient funds exist in the FY20 II Budget. Fiscal impact associated with this
recommendation is in the amount of $3,000 per month with a portion of the cost to be paid by the Collier
County CRA-Immokalee Fund 186-138324 and the Immokalee Business Development Center Fund 186-
138321. The CRA may sublease to businesses engaged in economic development and/or to businesses
enrolled in the IBDC programs.
CONSISTENCY WITH GROWTH MANAGEMENT PLAN: This move will further the programs
and projects within the budgetary and policy guidance and directives of the Community Redevelopment
Agency and the Board of County Commissioners in furtherance of Policy 4.2 of the Future Land Use
Element of the Growth Management Plan which reads as follows:
"The Immokalee Area Master Plan addresses conservation, future land use, population, recreation,
transportation, housing, and the local economy. Major purposes of the Master Plan are coordination of
land uses and transportation planning, redevelopment or renewal of blighted areas, and the promotion of
economic development."
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ADVISORY BOARD RECOMMENDATION: By unanimous vote, during the regular meeting of the
Immokalee Local Redevelopment Advisory Board on May 18, 2011, the Advisory Board voted to
approve a recommendation to the BCC, acting as the CRA, to relocate the Immokalee CRA to 3120 15th
Street North. Immokalee, FL.
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6/28/2011 Item 16.8.1.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney and is legally
sufficient for Board approval, which requires majority support. -JAK
RECOMMENDA TJON: Recommendation for the Board of County Commissioners (BCC), acting as
the Community Redevelopment Agency(CRA), to (I) approve the relocation of Immokalee CRA Office,
(2) approve the master lease with Barron Collier Partnership, LLLP, (Landlord) and (3) authorize the
Chairman to sign the attached master lease agreement. (3120 lSili Street North, Unit 2, Immokalee).
PREPARED BY:
Penny Phillippi, Executive Director, Immokalee CRA
A TT ACHMENTS:
1 . Master Lease Agreement
2. Barron Collier Consent to Sub-Lease
3. Floor Plan
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6/28/2011 Item 16. B.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1.
Item Summary: Recommendation for the Board of County Commissioners (BCC), acting as
the Community Redevelopment Agency (CRA), to approve the relocation of Immokalee CRA
Office, approve the master lease with Barron Collier Partnership, LLLP, and authorize the
Chairman to sign the master lease agreement. (3120 15th Street North, Unit 2, Immokalee).
Meeting Date: 6/28/2011
Prepared By
Name: MuckelBradley
Title: Project Manager,
6/1/2011 1] :59:26 AM
Submitted by
Title: Executive Director, lml110kalee CRA,
Name: PhillippiPenny
6/1 /20 11 ] 1 :59:27 AM
Approved By
Name: PhillippiPenny
Title: Executive Director, ]l11l11okalee CRA,
Date: 6/7/2011 3 :53 :39 PM
Name: Willial11sSteven
Title: Assistant County Attorney,County Attorney
Date: 6/8/2011 11 :2] :19 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/16/2011 9:52:09 AM
Name: lsacksonMark
Title: Director-Corp financial and Mgl11t Svs,CMO
Date: 6/2]/20119:56:50 AM
Packet Page -648-
6/28/2011 Item 16.8.1.
Name: IsacksonMark
Title: Director-Corp financial and Mgmt Svs,CMO
Date: 6/21/2011 10:37:21 AM
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6/28/2011 Item 16.8.1.
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this _ day of , 2011,
between BARRON COLLIER PARTNERSHIP, LLLP, a Florida limited liability limited
partnership whose mailing address is 2600 Golden Gate Parkway, Naples, FL 34105,
hereinafter referred to as "LESSOR", and THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS, ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY,
whose mailing address is currently 3299 TAMlAMl TRAIL, NAPLES, FL, hereinafter referred
as "LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable
consideration, the patties agree as follows:
ARTICLE I.
Demised Premises
LESSOR hereby leases to LESSEE imd LESSEE hereby leases from LESSOR the real
propelty described as Unit 2,1320 N. 15th Street, Immokalee, Florida 34142 as shown in Exhibit
"A" which is attached and made a patt of this Lease, hereinafter referred to as the "Demised
Premises", for the sole purpose of operating the Immokalee Business Development Center. The
Demised Premises contains approximately 3.938 rentable square feet and the building (Building)
in which the Demised Premises are located contains approximately 6,757 rentable square feet.
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 contrat)' 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 Two (2) year(s),
conunencing on July 1, 2011 and ending June 30, 2013, LESSEE is granted the option,
provided it is not then in default of any of the terms of this Lease, to renew same for one
additional term of Two (2) year(s), under the terms at1d conditions as provided herein, by giving
written notice of LESSEE'S intention to do so to the LESSOR not less than one hundred eighty
(180) days prior to the expiration of the leasehold estate hereby created. Said notice shall
become effective upon actual receipt by LESSOR.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of
Thirty Six Thousand Dollars and 001100 Cents ($36,000.00) per annum in equal monthly
installments of Three Thousand Dollars and 00/100 Cents ($3,000.00) each, which is inclusive
of applicable sales tax.
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6/28/2011 Item 16.B.1.
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 conllilence on a day other than the
first day of the month, LESSEE shall pay rental equal to one thi1iieth (l/30th) of the monthly
rental multiplied by the number of rental days of such fractional month.
ARTICLE 4.
Base Rent and Renewal Term Rent Adjustment
For the second year of the Initial term and in the event LESSEE elects to renew this
Lease, as provided for in ARTICLE 2, the rent set forth in ARTICLE 3 shall be increased for the
ensuing two year renewal term in the same propOliion that the Consumer Price Index for Urban
Wage Earners and Clerical Workers-United States City Average, all Item-Series A (1982 -
84= I 00), United States Depmiment of Labor had increased for the preceding year. However, in
no event, the annual minimum rent shall never decrease nor shall any yearly increase be greater
than 10%. In the event that the Consumer Price Index ccases to incorporate a significant number
of items, or if a substantial change is made in the method of cstablishing such Consumer Price
Indcx, then the Consumer Price Index shall be adjusted to the figure that would have resulted had
no change occurred in the manner of computing such Consumer Price Index. In the event that
such Consumer Price Index (or a succcssor or substitutc index) is not available, a reliable
govermnental or other nonpartisan publication, evaluating the information thereto for use in
determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index.
ARTICLE 5.
Other Expenses and Charges
LESSEE shall pay all janitorial services and utility charges pertaining to the Demised
Premises including, but not limited to, charges for gas, electricity, light, heat, air condition,
power, water, sewer and telephone or other cOlmnunication service used, rendered or supplied
thereupon or in connection with the Demised Premises. However, LESSOR elects to supply
electric utility services in common with other LESSEEs. LESSEE agrees to pay to LESSOR
LESSEE's pro-rata share equal to fifly-eight percent (58 %) of the cost of the same AS
ADDITIONAL RENT within thirty (30) days of its receipt of the LESSOR'S bill or invoice.
ARTICLE 6.
Modifications to Demised l'remis~~
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 thc 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 COlUlcction with any maintenance, repair work,
erection, construction, improvement, addition or alteration of any authorized modifications,
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6/28/2011 Item 16.8.1.
additions or improvements to the Demised Premises, to observe and comply with all then and
future applicable laws, ordinances, l'lIles, regulation, and requirements of the United States of
America, State of Florida, County of Collier, and any and all governmental agencies having
jurisdiction over the Demised Premises,
All alterations, improvements, and additions to said 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 tennination 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 patt
of the Demised Premises, or to penn it any other persons, including 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 ofthis Lease or subletting of the Demised Premises.
ARTICLE 9.
Insurance
9.01. Insurance.
A. LESSOR's Building Insurance. LESSOR shall keep the Building insured
against damage and destruction by fire, earthquake, vandalism, and other perils in
the amount of the full replacement value of the Building, as the value may exist
from time to time. The insurance shall include an extended coverage endorsement
of the kind required by an institutional lender to repair and restore the Building.
B. Propel'tv Insurance. Each party shall keep its personal property and trade
fixtures in the Demised Premises and Building insured with "all risks" insurance
in an amount to cover one hundred (l00) percent of the replacement cost of the
property and fixtures. LESSEE shall also keep any non-Building-standard
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6/28/2011 Item 16.8.1.
improvements made to the Demised Premises by the LESSEE insured to the same
degree as LESSEE's personal property.
C. Liability Insurance. Each patty shall maintain in effect workers' compensation
insurance as may be required by law and contractual and comprehensive gencral
liability insurance, including public liability and property damage, with a
minimum single limit of general liability of one million dollars ($1,000,000.00)
pel' occurrence and two million dollars ($2,000,000.00) aggregate for personal
injurics or deaths of persons OCCUlTing in or about the Building and Demised
Premises.
D. Waiver of Subrogation. Each party waives claims arising in any manner in its
(Injured Party's) favor and against the other party for loss or damage to Injured
Party property locatcd within 01' constituting a part 01' all of the Building. This
waiver applies to the extent the loss 01' damage is covered by: (i) the Injured
Party's insurancc; or (Ii) the insurance the Injured Party is required to cany under
Section 5, whichever is greater. The waiver also applies to each party's directors,
officers, employees, shareholders, and agents. The waiver does not apply to
claims caused by a patty's willful misconduct.
E. Increase jll Insurance. The amounts of coverage required by this Lease are
subject to review at the end of each three-year period following the
Commencement Date. At each rcview, if necessaty to maintain the same level of
coverage that existed on the Commenccment Date, the amounts of coverage shall
be increased to the lesser of (i) the amounts of coverage carried by prudent
LESSORs and LESSEEs of comparable Properties in the Immokalee area; or (Ii)
!\wnty-five (25) percent higher than the previous insurance amounts,
F. Insurance Criteria. Insurance policies required by this Lease shall: (i) be issued
by insurance companies licensed to do business in the state of Florida with general
policyholder's ratings of at least A and a financial rating of at least XI in the most
current Best's Insurance Reports available on the date in paragraph 1.01. If the
Best's ratings are changed or discontinued, the parties shall agree to an equivalent
method of rating insurance companies; (ii) name the non-procuring party as an
additional insured as its interest may appear; other LESSORs or LESSEEs may
also be added as additional insureds in a blanket policy; (iii) provide that the
insurance not be canceled or materially changed in the scope 01' amount of
coverage unless thirty (30) days' advance notice is given to the non-procuring
party; (iv) be primary policies - not as contributing with, or in excess of, the
coverage that the other party may carry; (v) be permitted to be canied through a
"blanket policy" or "umbrella" coverage; and (vi) be maintained during the Initial
Term and any Option Terms.
G. Evidence of Insurance. By the Commencement Date and upon each renewal of
its insurance policies, each party shall give certificates of insurance to the other
patty. The certificate shall specifY amounts, types of coverage, the waiver of
subrogation, and the insurance criteria listed in paragraph 5.01 (F). The policies
shall be renewed or replaced and maintained by the party responsible for that
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6/28/2011 Item 16.8.1.
policy. If either party fails to give the required certificate within thirty (30) days
after notice of demand for it, the other patty may obtain and pay for that insurance
and receive reimbursement from the party required to have the insurance.
9.02. Indemnification.
9.03
A. LESSEE's Imlemnitv. LESSEE indemnifies, defends, and holds LESSOR
harmless from claims for personal injury, death, or property damage for incidents
occurring in or about the Demised Premises or Building that are caused by the
negligence or willful misconduct of LESSEE, its agents, employees, or invitees.
When the claim is caused by the joint negligence or willful misconduct of
LESSEE and LESSOR or LESSEE and a third party umelated to LESSEE, except
LESSEE's agents, employees, or invitees, LESSEE's duty to defend, indemnify,
and hold LESSOR harmless shall be in proportion to LESSEE's allocable share of
the joint negligence or willful misconduct.
B. LESSOR's Indemnitv. LESSOR indemnifies, defends, and holds LESSEE
harmless from claims for personal injury, death, or property damage for incidents
occurring in or about the Demised Premises or Building that are caused by the
negligence or willful misconduct of LESSOR, its agents, employees, or invitees.
When the claim is caused by the joint negligence or willful misconduct of
LESSOR and LESSEE or LESSOR and a third party umelated to LESSOR,
except LESSOR's agents, employees, or invitees, LESSOR's duty to defend,
indemnify, and hold LESSEE harmless shall be in proportion to LESSOR's
allocable share of the joint negligence or willful misconduct.
C.
Release of Claims. Notwithstanding paragraphs 5.02(A) and (B), thc parties
release each other from any claims either party (Injured Party) has against the
other. This release is limited to the extent the claim is covered by the Injured
Palty's insurance or the insurance the Injured Party is required to carry under
Section 5, whichever is greater.
Environmental Liabilities. Vnless the context otherwise specifies or requires,
the following terms shall have the meanings herein specified:
A.
"Environmental Law" means any federal, state or local law, statute, ordinance,
rule, regulation, judgment or order concerning environmental quality, health,
environmental hygiene or safety and/or the protection of, or regulation of the
discharge of Hazardous Materials into the air, ground or water, including without
limitation, the Resource Conservation and RecovelY Act of 1976, 42 V.S.C.
Section 6901 ct. seq. ("RCRA"), the Comprchcnsive Environmental Response,
Compensation and Liability Act of 1980, 42 V.S.C., Section 9601 et. sea.
"CERCLA", and the Hazardous Materials Transportation Act, U.S.c. Section
1801, ,,~ "HMTA", as all of the foregoing shall be amended from time to
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6/28/2011 Item 16.8.1.
time, and all rules, regulations and guidelines promulgated or adopted pursuant
thereto.
B. "Hazardous Materials" means and includes (i) those substances included within
the definitions of "hazardous substances", "hazardous materials", "hazardous
waste", "toxic substances", "solid waste", "pollutants" or "contaminants" in
CERCLA, ReRA, and HMTA, (ii) asbestos, (iii) polychlorinated biphenyls, (iv)
any substance the presence of which on the Property is prohibited or regulated by
any Environmental Law, (v) any petroleum, including crude oil, petroleum
hydrocarbons, or and fraction thereof, and all other petroleum-based products, (vi)
underground storage tanks, (vii) any natural gas or natural gas product, (viii) urea
fOlmaldehyde foam insulation, (ix) freon and other chlorofluorocarbons, and (x)
any other substance which by any Environmental Law requires special handling or
notification of any federal, state or local govcrmnental entity in its collection,
storage, treatment or disposal.
C. "Hazardous Materials Contamination" means dumping, discharging, disposal,
release, seepage, emission, leakage, use, manufacture and/or generation of
Hazardous Materials into, from, under, above, around, at, in, or onto, or the
contamination of (i) the Demised Premises, (ii) the Common Areas, (iii) any
pOltion of the office building property, (iv) any groundwater, air or other elements
under, above, around, at, in or on the Demised Premises, or (v) any other property,
as a result of Hazardous Materials at any time (whether before or after the date of
this Lease) emanating from the Properly.
9.03.1 LESSEE covenants that it shall not cause, nor suffer or permit any LESSEE party to
cause, any Hazardous Materials to be dumped, placed, stored, manufactured, generated,
held, used, located, leaked, dischargcd, released, seeped, cmittcd or disposed of into,
from, on under, above, around, in or at the PropeLty, the Common Areas for the officc
building Property or any part thereof, without the prior written consent of LESSOR;
providcd, however, that LESSOR hcreby consents to LESSEE's proper storage (in
incidental quantities) and propcr usc on the Property of those supplies which are
commonly and routinely used for general office purposcs, such as copier toner, liquid
papcr, glue, ink and common household cleaning materials, and in connection with
LESSEE's intended use of the Property, provided such storage and use comply with all
laws regulating any such supplies, including, without limitation, all Environmental
Laws. Upon the Tcrmination Date, LESSEE shall remove from the Property and all
other portions of the office building Property, at its sole cost and expense, any and all
Hazardous Materials (including any equipment or systems containing Hazardous
Materials). LESSEE shall provide written notice to LESSOR immediately upon
LESSEE's acquiring knowledge of the improper or possible improper use, presence or
storage of any Hazardous Materials at, under, above, around, in or on the Property or the
office building Property or any Hazardous Materials Contamination, and shall include
with such notice all other information and materials relating thereto. Upon any breach of
the first sentence of this Section 9.03.1, LESSEE shall promptly comply with all
Environmental Laws requiring the removal, treatment and/or disposal of such Hazardous
Materials or Hazardous Materials Contamination and providc LESSOR with satisfactory
evidence of such compliance.
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6/28/2011 Item 16.8.1.
9.03.2 LESSOR shall have the right, but not the obligation, without in any way limiting
LESSOR's other rights and remedies under this lease and without liability to LESSEE, to
enter upon the Demised Premises andlor to take such other actions as it deems necessary
or advisable to investigate, clean up, remove, resolve or minimize the impact of, or
otherwise deal with, any actual or suspected breach by LESSEE of its obligations under
this Section 9.03, All costs and expenses incurred by LESSOR in the exercise of its
rights under this Section 9.03 in the event of such an actual breach shall be payable by
LESSEE as Additional Rent within ten (10) days following written demand therefore.
9.03.3 LESSEE shall defend, indemnifY and hold harmless LESSOR, all LESSOR Mortgagees,
all subsequent LESSEEs of the Property, and all future owners of LESSOR's interest in
the office building Property or any portion thereof, and each of their successors,
assignees, heirs, executors, administrators and personal representatives (together with the
members, partners, officers, directors, shareholders, agents and employees of each of the
forcgoing) for, from and against arry and all claims, judgments, damages, penalties, fines,
costs, liabilities and losses, including, without limitation, diminution in the value of the
Property or the office building Property, remediation cxpenses, damages for the loss or
restriction of use or rentable or useable space or of any amenity of the Property, the
COlllil10n Areas 01' any other portion of the Propet1y, sums paid in settlement of claims,
attorney fees, consultant fees, expctt fces and costs of investigation which arise during or
after the Term directly or indirectly from the LESSEE's breach of its obligations under
this Section 9.03.
9.03.4 The provisions of this Section 9.03 shall survive the expiration or early termination of
this Lease.
9.03.5 Limitation of LESSOR's Liabilitv.
A. Transfer of Demised Premises. If the Building is sold or transferred, voluntarily
or involuntarily, LESSOR's Lease obligations and liabilities accruing after the
transfer shall be the sole responsibility of the new owner if: (i) the new owner
agrees in writing to assume LESSOR's obligations; and (Ii) the LESSEE's funds
that the LESSOR is holding, such as the Security Deposit, are given to the new
owner on the same tenus and conditions as set forth in this lease.
B. Liabilitv for Money Jndgment. ]f LESSOR, its employees, officers, or partners
are ordered to pay LESSEE a money judgment because of LESSOR's default,
then, LESSEE's remedy to satisfY the judgment shall be first to LESSOR's interest
in the Building including the rental income and procecds from sale and thereafter
to other interests of the LESSOR.
ARTICLE 10. Maintenance
RCDail's and Maintenance.
A. LESSEE's Care of Demised Premises. LESSEE shall:
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6/28/2011 Item 16.8.1.
(i) keep the Demised Premises and fixtures in good order, condItIon and
repair (including any such maintenance, replacement and restoration as is
required for that purpose) the leased Demised Premises and every pmt
thereof and any and all appurtenances thereto wherever located, including,
but without limitation, the exterior and interior portion of all doors, door
checks, windows, plate glass, store front, all plumbing and sewage
facilities within the leased Demised Premises, including free flow up to
the main sewer line, fixtures, fire sprinkler heads and distribution system
installed by LESSEE or contractors employed by LESSEE, walls, floors
and ceilings, and any work performed by LESSEE; and
(ii) make repairs and replacements to the Demised Premises or Building
needed beCa\lSe of LESSEE's misuse or primary negligence, except to the
extent that the repairs or replacements are covered by LESSOR's insurance
or the insurance LESSOR is required to cal'lY under Section 5, whichever
is greater.
(iii) LESSOR has provided interior lighting equipment for the Demised
Premises. LESSEE agrees to pay all costs of replacement of lamps, tubes,
ballasts, starters, transformers and electricity to operate said interior
lighting equipment through separate meter billings.
B. LESSOR's Repairs. LESSEELESSOR shall keep and maintain the foundation,
exterior walls and roof of the building (including building fixtures and
equipment), common areas in which the leased Demised Premises are located and
the structural pOliions of thc leased Demised Premises which were installed by
LESSOR or contractors employed by LESSOR, exclusive of interior and exterior
doors, door frames, door checks, windows, and window frames, in good repair
cxcept that LESSOR shall not be called upon (0 make any such repairs occasioned
by the act or neglect of LESSEE, its agents, employees, invitees, licensees or
contractors. LESSOR shall make the repairs and replacements to maintain the
Building in a condition comparable to other first class office buildings in the
Immokalee area.
C. Cost of Repair. Thirty (30) days after written notice to LESSEE, LESSOR may
make any repairs LESSEE is required to make but does not make, and charge
LESSEE for 110% of the expenses thereof incurred by LESSOR shall be
collectible by LESSOR as Additional Rent af1er rendition of a bill or statement
thercof LESSOR may make emergency repairs without notice under this
provlslon.
ARTICLE 11. Default bv LESSE.E
Failure of LESSEE to comply with any proVISIOn 01' covenant of this Lease shall
constitute a default and LESSOR may, at LESSOR'S option, tcrminate this Lease after thirty (30)
days writtcn notice to LESSEE, unless the default be curcd within that notice period (01' such
additional time as is reasonably required to correct such default).
ARTICLE 12. Default by LESSQB.
8
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6/28/2011 Item 16. B.1.
LESSOR shall in no event be charged with default in the performance of any of its
obligations hereunder unless and until LESSOR shall have failed to perform such obligations
within ninety (90) days (or such additional time as is reasonably required to correct such default)
after written notice fi'om LESSEE to LESSOR properly specitying wherein LESSOR has failed
to perform any such obligations.
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:
Board of County Commissioners
c/o Real Property Mgmt. Dept.
3301 Tamiami Trail East
Administration Building
Naples, Florida 341 12
LESSOR:
David K. Borden
Barron Collier Partnership, LLLP
2600 Golden Gate Parkway
Naples, FL 34105
cc:
Office of the County Attorney
cc: Brad Boaz (same address as above)
ARTICLE 14. Surrender of Demised Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of tins 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 Dem ised 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 cxpense to LESSEE.
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 occutl'ing 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
9
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6/28/2011 Item 16.8.1.
information regarding radon and radon testing may be obtained from your County Public Health
Depattment.
ARTICLE 17. EJfe_ctive Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 18. Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO TIlE LESSEE (eRA)
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA IN ITS
CAPACITY AS THE COLLIER COUNTY
COMMUNITY REDEVELOPMENT
AGENCY
, Deputy Clerk
By:
JAMES COLETIA, Chairman
By:
AS TO THE LESSOR:
BARRON COLLIER PARTNERSHIP, ILLP
By:
Witness (signature)
-
Print Name and Title
(print name)
Witness (signature)
(print name)
Approved as to form and
legal sufficiency:
~---
Steven T. Williams
Assistant County Attorney
10
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6/28/2011 Item 16.8.1.
eJl).!l
l' BARRON COLLIER COMPANIES
June 6, 2011
Ms, Penny Phillippi
Immokalee Community Redevelopment Agency
31 0 Alachua Street
Immokalee, FL 34142
Re: Lease for 1320 N. 15111 Street Unit 2, Immokalee, FL 34142
Dear Ms. Phillippi,
This letter serves as consent from Barron Collier Partnership, as Landlord of the above
mentioned property, that the Immokalee Community Redevelopment Agency will be able
to sublease individual offices within their Leased premises per Article 8 of the pending
Lease agreement. Landlord's prior written consent for any subletting will be required but
not unreasonably withheld.
Please feel free to contact me with any questions.
Sincerely, ,
a a Wfll1lA"P/J/
Cee Cee ~~;;~
Director of Leasing
2600 Golden G~te Parkway. Naples, Florida 34105 wU1/l1.barroJ/collicr.col/l 239.262.2600
Packet Page -660-
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