Agenda 12/13/2011 Item #16E 812/13/2011 Item 16.E.8.
EXECUTIVE SUMMARY
Recommendation to approve and execute a First Amendment to Lease Agreement with
Goodwill Industries of Southwest Florida, Inc., for the continued use of Roberts Center in
Immokalee for the Housing, Human and Veterans Services' Senior Nutrition Program at
an annual rent cost of $13,498.37. The cost of this rental will be paid from Older
Americans Act grant funding.
OBJECTIVE: To obtain approval and execution of a First Amendment to Lease Agreement
(Amendment) for continuing leased space for the Senior Nutrition Program currently
administered by the Housing, Human and Veterans Services Department.
CONSIDERATION: The Housing, Human and Veterans Services Department assumed
operation of the nutrition programs in Immokalee and Naples on January 1, 2008. On January
25, 2011, under Agenda Item 16D3, the Board of County Commissioners approved and
accepted a grant from the Area Agency on Aging of Southwest Florida Inc. for funding from the
Older Americans Act (OAA) for the period of January 1, 2011 through December 31, 2011, and
a ninety -day extension was then approved by the Board on November 8, 2011, item 16D6. The
grant funds were awarded and received by Collier County to hire staff, to pay rent, and to pay
for operational expenses. The OAA is a recurring annual agreement. A new grant agreement
will be received in January for the period of January 1, 2012 through December 2, 2012.
A Lease Agreement was approved by the Board of County Commissioners on April 22, 2008,
under item 16 D 4, for a 3,300 square foot building owned by Goodwill Industries of Southwest
Florida, Inc., located at 907 Roberts Avenue in Immokalee. The Amendment provides for an
additional one -year term with two, one -year renewals. The annual rent will be increased by four
(4) percent annually. The original Agreement also includes an early termination clause which
allows the County to terminate the Lease, at any time, by providing the landlord with a thirty (30)
day written notice. This would allow the County to terminate the Lease Agreement should it, in
the future, not receive grant money from the Area Agency on Aging. The monthly rent for the
renewal term shall be approximately $1,124.86 and includes all utilities pertaining to the
program's operation to be paid for by the landlord. These costs include electricity, telephone,
water, sewer, janitorial service, and pest control service.
The First Amendment to Lease Agreement has been reviewed and approved by the Office of
the County Attorney for content and legal sufficiency and by the Housing, Human and Veterans
Services Department.
FISCAL IMPACT: The first year's annual rental amount of $13,498.37 will be paid in twelve
installments of approximately $1,124.86 per month. The rental cost is an eligible and allowable
expense under OAA program funding. Funds are available in the Human Services Grant Fund
(707). No general fund dollars will be used as payment for this lease.
GROWTH MANAGEMENT: There is no growth management impact.
LEGAL CONSIDERATION: The attached First Amendment to Lease Agreement has been
reviewed by the County Attorney, is sufficient for Board action, and requires majority support for
approval. -JAK
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12/13/2011 Item 16.E.8.
RECOMMENDATION: That the Board of County Commissioners approves the First
Amendment to Lease Agreement with Goodwill Industries of Southwest Florida, Inc. and
authorizes its Chairman to execute same.
PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
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12/13/2011 Item 16.E.8.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.8.
Item Summary: Recommendation to approve and execute a First Amendment to Lease
Agreement with Goodwill Industries of Southwest Florida, Inc., for the continued use of Roberts
Center in Immokalee for the Housing, Human and Veterans Services' Senior Nutrition Program
at an annual rent cost of $13,498.37. The cost of this rental will be paid from Older Americans
Act grant funding.
Meeting Date: 12/13/2011
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
11/15/2011 1:03:55 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
11/15/2011 1:03:56 PM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 11/18/2011 1:44:34 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 11/21/2011 1:57:40 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 11/28/20114:52:41 PM
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Name: FrancoAshlee
Date: 11/29/2011 10:06:40 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 11/29/2011 11:46:16 AM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 11/29/2011 10:07:33 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/1/20119:33:34 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 12/2/20114:19:34 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Ofce of Management & Budget
Date: 12/2/20114:20:19 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/5/20119:26:49 AM
Name: OchsLeo
Title: County Manager
Date: 12/5/2011 10:46:51 AM
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12/13/2011 Item 16.E.8.
12/13/2011 Item 16.E.8.
License 4947
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this J � L day of
No s cnnbc r _ 2011 at Naples, Collier County, Florida by and between Collier County, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as " LESSEE;" and Goodwill Industries of Southwest Florida, Inc., a not for profit Florida
corporation, whose mailing address is 4940 Bayline Drive, North Fort Myers, Florida 33917, hereinafter
referred to as "LESSOR."
WITNESSETH
WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Inc. have previously entered into a
Lease Agreement dated April 22, 2008;
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement;
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement
dated April 22, 2008, attached herein and made a part hereof, and Ten Dollars ($10.00) and other valuable
consideration, said Lease Agreement is hereby amended as follows:
1. The following provision shall be added to Article 2 of the Lease Agreement:
This Lease is hereby extended until December 31, 2012, hereinafter referred to as the "Extended Lease
Term," and LESSEE is granted the option, provided it is not then in default of any of the terns of this Lease, to
renew same for two (2) additional one (1) year terms, under the terms and conditions as provided herein, by
giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the
expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by
LESSOR.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty days
prior written notice of such termination to LESSOR at the address set forth" in ARTICLE 10 of the Lease
Agreement. Said notice shall be effective upon actual receipt by LESSOR.
2. Except as expressly provided herein, the Lease Agreement between Collier County, a political
subdivision of the State of Florida, and Goodwill Industries of Southwest Florida, Inc., for the utilization of the
Demised Premises described in said Lease Agreement dated April 22, 2008, 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 LESSOR and LESSEE have hereto executed this First Amendment
to Lease Agreement the day and year first above written.
AS TO THE LESSOR:
DATED: 1 jif,_ GOODWILL INDUSTRIES OF SOUTHWEST
WITNESSES:
FLORIDA, INC., a not for profit Florida Corporation
t� BY:
Witness (Signature) (Signature)
1 2Qh m i's Zeeprots �'"rak 11sharets��trec ia�s;cle,d a� iettcc; SrtyCct
(Printltiame) (Print name and title)
Witness (Signature)
(Print Name)
(Lessee's signature appears on next page)
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2
12/13/2011 Item 16.E.8.
THIS LEASE AGREEMENT ente into this�� day of ,F}'��. L , 2008, between
Goodwill Industries of Southwest Florida, Inc., not for profit Florida corporation, whose mailing address
is 4940 Bayline Drive, North Fort Myers, rida 33917, hereinafter referred to as "LESSOR," and
COLLIER COUNTY, a political subdivision of the State of Florida, whoseimailing address is 3301 East
Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE."
WITNESSETH
In consideration of the mutual covenants contained herein, and o valuable consideration, the
parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases fBom LESSOR approximately
Three Thousand Three Hundred (3,300) square feet of unfurnished office :pace located at 907 Roberts
Avenue, Immokalee. Florida 34142, hereinafter referred to as the "Demised Premises ", for the sole
purpose of operating a government office.
t.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for one (1) year 1 ommencing January 1, 2008
and terminating on December 31, 2008.
LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to
renew same for three (3) additional terms of one (1) year each, under the terms and conditions as provided
herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30)
days prior to the expiration of the leasehold estate hereby created or the one (1) year renewal period then
in effect. Said notice period shall commence upon placement of the written notice in an official
depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
LESSEE may terminate this Lease, with or without cause, upon thirty (30) days prior written notice
to the other party, without payment of rent after the thirty (30) day period, costs, or penalty by the County.
Said notice shall sent be to the addresses as set forth in this Lease Agreement and shall become effective
upon placement of said notice in an official depository of the United States Post Office, Registered or
Certified Mail, postage prepaid.
ARTICLE 3. Rent and Other Charges
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of
One Thousand Dollars ($1,000.00) monthly. Following the end of the first full year of tenancy, the annual
rental amount shall increase by four (4) percent for each ensuing year thereafter and any renewal terms
thereof.
LESSOR shall pay all charges pertaining to LESSEE'S use of the Demised Premises to include
air- conditioning and plumbing systems, all utility charges for electricity, water, sewer, telephone, pest
control and janitorial services.
All rental payments shall be due pay 4ule in advance on the firms 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.
ARTICLE 4. Modifications to Demised Premises
Prior to making any other 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 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 thirty (30) days
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12/13/2011 Item 16.E.8.
within which to appro or deny in writing said request for changes, improvements, alterations or
additions. LESSOR s 1 not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes r additions proposed by LESSEE. If after sixty (60) days there has been no
response from LESSOR r its designee to said proposals or plans, then such silence shall be deemed as an
approval to such request f LESSEE.
LESSEE cove is and agrees in connection with any maintenance, repair work, erection,
construction, improve t, addition or alteration of any authorized modifications, additions or
improvements to the De 'sed Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regul ns, and requirements of the United States of America, State of Florida, County
of Collier, and any and governmental agencies.
All alterations, i*rovements, and additions to said Demised Premises installed by LESSEE shall
remain the property of LESSEE and prior to the termination of this Lease or any renewal term thereof, or
within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements,
alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE,
and repair any damage occasioned to the Demised Premises by such removal of said alterations,
improvements, and additions. If LESSEE does not remove those items designated by LESSOR, LESSOR
may complete said removals and repairs at LESSEE'S expense.
ARTICLE 5. 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 to occupy same without the 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. However, LESSEE shall be permitted,
without notice to LESSOR, to utilize the Demised Premises for any other Department within the
jurisdiction of the LESSEE if the Demised Premises shall no Ionger be needed by the Department
intended for this Lease.
ARTICLE 6. Insurance
The LESSEE will at all times carry comprehensive general liability insurance to include bodily
injury in an amount not less than the sum of One Million Dollars and 00 /100 Cents ($1,000,000.00) single
occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE.
ARTICLE 7. Maintenance
LESSEE shall keep the Demised Premises clean at all times. If said Demised Premises are not
kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective
action is not taken within thirty (30) days of 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 8. Default by Lessee
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to
LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably
required to correct such default).
ARTICLE 9. Default by Lessor
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 thirty (30) days
(or such additional time as is reasonably required to correct such default) after notice to LESSOR by
LESSEE properly specifying wherein LESSOR has failed to perform any such obligations.
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12/13/2011 Item 16.E.8.
ARTICLE 10. 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:
Real Property Management
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
Attn: Office of the County Attorney
ARTICLE 11. Surrender of Premises
LESSOR:
Goodwill Industries of Southwest Florida, Inc.
4940 Bayline Drive
Fort Myers, Florida 33917
(Attention: Bob Haenggi, VP Development Services
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 as herein provided, 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 excepted.
ARTICLE 12. General Provisions
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 where other operations share common facilities.
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 lawrr the rules or regulations of any public
authority.
ARTICLE 13. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
T
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 Collier County Public Health Department.
ARTICLE 14. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 15. 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 THE LESSEE:
ATTEST:
DWIGHT E. BROC& Clerk
DA
BY-
Deputy Clerk
AitW as . t '•
f gMfitq'� OIII �,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: •
TOM G, hairman
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AS TO THE LESSOR:
DATED: S�i/DY'
T�
ATTEST:
WITNESS (signatu re) ++
Print Name
WITNESS signs re)
Print Name
12/13/2011 Item 16.E.8.
GOODWILL INDUSTRIES OF SOUTHWEST,
FLORIDA, INC., a not for profit Florida corporation
BY:
/�l./wr►as /G"'a"`r � _'" tij
(print name and title of officey
Approved as to form and legal sufficiency:
Jeen�niir A. Bel dio, Assistant County Attorney
�"Ob
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