Backup Documents 05/28/2013 Item #14B1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 4 g
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper.Attach to original document. Original documents should be hand delivered to the Board Office. The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures, dates,and/or information needed. If the document is
already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the
checklist,and forward to Ian Mitchell(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order) �p
1. Scott Teach Office of the County Attorney C'(/"C ��_ ,/3
2. 7 �`J/
3.
4. Executive Manager Board of County Commissioners
/
5. Trish Morgan Clerk's Minutes and Records ROI\ r l (t(l 10:
KKIQeds .I.niti&is .'or OlarcjeS
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Ian Mitchell,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Bradley Muckel Phone Number 239.867.4121
Contact
Agenda Date Item was May 28,2013 Agenda Item Number 14B1
Approved by the BCC
Type of Document Lease Agreement Number of Original 2
Attached Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed by
the Office of the County Attorney.This includes signature pages from ordinances, bsm
resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,
agreements,etc.that have been fully executed by all parties except the BCC Chairman and
Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's bsm
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the bsm
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's bsm
signature and initials are required.
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. bsm
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified.Be aware of your deadlines!
6. Return 12 (two)fully executed copies to: Please email Brad for pick-up
/(;' )V
bradleymuckel@colliergov.net
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip
WWS Original 9.03.04
1481
MEMORANDUM
Date: July 1, 2013
To: Brad Muckel, Project Manager
Immokalee CRA
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Lease agreement with SWFL Workforce Development
Board for office space in the One-Stop Building at
750 South 5th Street, Immokalee
Attached is an original and also a certified copy of the agreement referenced above,
(Item #14B1) approved by the Board of County Commissioners on May 28, 2013.
The second original lease will be held on file in the Board Minutes and Records
Department for the Board's and (acting as) CRA's official record.
If you need anything further please contact me at 252-8406.
Thank you.
Attachments (2)
i4i
REGION 24
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD
LEASE AGREEMENT
LEASE NO.:
�Qy
THIS LEASE AGREEMENT, entered into this .20-day of Jae, 2013 A.D. between
Southwest Florida Workforce Development Board, Inc., a Florida not-for-profit corporation
(hereinafter called the "Lessor"), having an address of 9530 Marketplace Road, Unit 104, Fort
Myers, FL. 33912 and whose Federal Identification Number (F.E.I.D. or S.S.) is 65-0778245 ,
and the The Collier County Board of County Commissioners, Acting as the Community
Redevelopment Agency, party of the second part, hereinafter called the "Lessee," and whose
address is 3299 Tamiami Trail, Naples, Florida 34112.
WITNESSETH :
That the Lessor, for and in consideration of the covenants and agreements hereinafter
mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the
term and under the conditions hereinafter set out, those certain premises located in the Immokalee
One Stop building described as follows: 760 square feet of the building, to include rooms 602,
603, 604, 510 and 200 sq.ft of open area adjacent to 603 and access to the data room for Lessee's
equipment, located at 750 South 5th Street, Immokalee, Florida 34142
at the rate of$ see Rent Addendum "A" per square foot per year, which is incorporated herein
by reference.
Article 1. TERM
TO HAVE AND TO HOLD the above described premises for a term commencing on
the 1st day of July, 2013 to and including the 30th day of June, 2014, subject to the right to
renew as provided in Article 18.
Article 2. RENTALS
The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the
above described premises for the term set out in this lease and the Lessee agrees to pay the Lessor
the sum stated in Rent Addendum "A" per month for the first period and as specified in
Addendum "A" for subsequent periods as provided in Article 1 of this lease. The rent for any
fractional part of the first month shall be prorated. The rentals shall be paid to the Lessor on the
first day of the month at:
Southwest Florida Workforce Development Board, Inc.
Attention: Mr. Michael Egan
9530 Marketplace Road, Unit 104 Fort Myers, Florida 33912
Lessor reserves the right to impose a 5% penalty upon each rent installment not received by the
Lessor by the tenth of each month.
hi addition to the rental payment, Lessee shall pay the sum of $N/A per month, which shall
represent Lessee's share of the collocated costs for the rental period.
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Article 3. HEATING, AIR CONDITIONING AND JANITORIAL SERVICES
l.a. The Lessor agrees to furnish to the Lessee heating and air conditioning equipment
and maintain same in satisfactory operating condition at all times for the leased premises during
the term of the lease at the expense of the Lessor.
b. The Lessor agrees to maintain thermostats in the demised premises to achieve an
average zone temperature of 78 degrees Fahrenheit during the heating and cooling seasons and
certifies that boilers herein have been calibrated to permit the most efficient operation.
2. The Lessor agrees to furnish janitorial services and all necessary janitorial supplies
including the provision of recycling trash disposal for the leased premises during the term of the
lease at the expense of the Lessor.
3. All services required above shall be provided during the Lessee's normal working
hours, which are normally from 7:30 a.m. to 5:30 p.m., Monday through Friday excluding State
holidays.
Article 4. LIGHT FIXTURES
l.a. The Lessor agrees to install in the demised premises light fixtures for the use of the
Lessee.
b. The Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters
used in such fixtures for the purpose of furnishing light.
2. The Lessor certifies that the lighting levels within the demised premises are
maintained at and do not exceed the following levels: 10 footcandles in halls and corridors; 30
footcandles in other public areas; a minimum of 50 footcandles in office, conference rooms, and
other levels as set forth in the State Energy Management Plan, Volume II, Section F.
Article 5. MAINTENANCE AND REPAIRS
1. The Lessor shall provide for interior maintenance and repairs in accordance with
generally accepted good practices, including repainting, the replacement of worn or damaged
floor covering and repairs or replacement of interior equipment as may be necessary due to
normal usage. The Lessee shall, during the term of this lease, keep the interior of the demised
premises in as good a state of repair as it is at the time of the commencement of this lease,
reasonable wear and tear and unavoidable casualties excepted.
2. The Lessor shall maintain and keep in repair the exterior of the demised premises
during the term of this lease and shall be responsible for the replacement of all windows broken
or damaged in the demised premises, except such breakage or damage caused to the exterior of
the demised premises by the Lessee, its officers, agents or employees.
3. The Lessor shall maintain the interior and exterior of the demised premises including
grounds and parking area so as to conform to all applicable health and safety laws, ordinances
and codes which are presently in effect and which may subsequently be enacted during the term
of this lease and any renewal periods.
4. The Lessor agrees to furnish pest control services for the leased premises during the
term of the lease at the expense of the Lessor.
5. The Lessee agrees to pay for the repairs for any damage to the Leased Premises caused
by the Lessee.
Article 6. UTILITIES
That the Lessor will promptly pay all gas, water, sewer, solid waste, power and electric
light rates or charges which may become payable during the term of this lease for the gas, water,
sewer and electricity used and disposal of solid waste generated by the Lessee on the premises.
Lessee shall pay for all other separately metered utilities including internet service.
Article 7. ACCESSIBILITY STANDARDS AND ALTERATIONS
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1481
a. The Lessor agrees that the demised premises now conform, or that, prior to Lessee's
occupancy, said premises shall, at Lessor's expense, be brought into conformance with the
requirements of the Florida Americans With Disabilities Accessibility Implementation Act,
Section 553.501 - 553.513, Florida Statutes, and the current Florida Disability Code for Building
Construction, providing requirements for persons with disabilities and with the requirement of
Public Law 101-336. Enacted July 26, 1990, effective January 26, 1992, Section 28 CRF Part 35
and Appendix to Section 36 CRF Part 1191, Known as the "Americans with Disabilities Act of
1990."
b. That the Lessee shall have the right to make any alterations in and to the demised
premises during the term of this lease upon first having obtained the written consent thereto of
the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations.
Article 8. INJURY OR DAMAGE TO PROPERTY ON PREMISES
All property of any kind that may be on the premises during the continuance of this lease
shall be at the sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor
shall not be liable to the Lessee for loss or damage to the property.
Article 9. FIRE AND OTHER HAZARDS
1. In the event that the demised premises, or the major part thereof, are destroyed by fire,
lightning, storm or other casualty, the Lessor at its option may forthwith repair the damage to
such demised premises at its own cost and expense. The rental thereon shall cease until the
completion of such repairs and the Lessor will immediately refund the pro rata part of any rentals
paid in advance by the Lessee prior to such destruction; should the premises be only partly
destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the
extent that the injured or damaged part bears to the whole of such premises and such injury or
damage shall be restored by the Lessor as speedily as is practicable and upon the completion of
such repairs, the full rental shall commence and the lease shall then continue the balance of the
term.
2. The Lessor shall provide for fire protection during the term of this lease in accordance
with the fire safety standards of the State Fire Marshal. The Lessor shall be responsible for
maintenance and repair of all fire protection equipment necessary to conform to the requirements
of the State Fire Marshal. The Lessor agrees that the demised premises shall be available for
inspection by the State Fire Marshal, prior to occupancy by the Lessee, and at any reasonable
time thereafter.
3. The Lessor certifies that no asbestos was used in the construction of the demised
premises or that if asbestos was used, actions have been completed to correct the hazards caused
by the use of asbestos.
4. The Lessor certifies that if any radon is present, it is at a measurement level less than 4
PCl/L.
Article 10. EXPIRATION OF TERM
At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised
premises in good and tenantable repair. It is understood and agreed between the parties that the
Lessee shall have the right to remove from the premises all personal property of the Lessee and
all fixtures, machinery, equipment, appurtenances and appliances placed or installed on the
premises by it, provided the Lessee restores the premises to as good a state of repair as they were
prior to the removal.
Article 11. SUBLETTING AND ASSIGNMENT
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The Lessee shall have no right to sublet all or any part of the demised premises or to
assign all or any part of the demised premises without obtaining prior written consent of the
Lessor.
Article 12. WAIVER OF DEFAULTS
The waiver by the Lessee of any breach of this lease by the Lessor shall not be construed
as a waiver of any subsequent breach of any duty or covenant imposed by this lease.
Article 13. RIGHT OF LESSOR TO INSPECT
The Lessor, at all reasonable times, may enter into and upon the demised premises for the
purpose of viewing the same and for the purpose of making any such repairs as it is required to
make under the terms of this lease.
Article 14. BREACH OF COVENANT
These presents are upon this condition, that, except as provided in this lease, if the Lessee
shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's
part is to be performed, the non-performance of which is not due to circumstances beyond the
reasonable control of the Lessee, and such default shall continue for a period of thirty (30) days
after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully
may, immediately, or at any time thereafter, and without further notice or demand, enter into and
upon the demised premises, or any part thereof, and repossess the same as of their former estate
and expel the Lessee and remove its effects forcefully, if necessary, without being taken or
deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but
without prejudice to any remedy which might otherwise be used by the Lessor for arrears of rent
or for any breach of the Lessee's covenants herein contained.
Article 15. ACKNOWLEDGMENT OF ASSIGNMENT
That the Lessee upon the request of the Lessor shall execute such acknowledgment or
acknowledgments, or any assignment, or assignments, of rentals and profits made by the Lessor
to any third person, firm or corporation, provided that the Lessor will not make such request
unless required to do so under a mortgage, or mortgages executed by the Lessor.
Article 16. TAXES,INSURANCE AND COMMISSIONS
a. Lessor shall pay all real estate taxes and fire insurance premiums on the demised
premises. Lessor shall not be liable to carry fire insurance on the person or property of the
Lessee or any other person or property which may now or hereafter be placed in the demised
premises. Lessee shall maintain liability insurance naming Lessor as additional insureds with
coverages no less than $1,000,000.00. Lessee shall deliver proof of such insurance no later than
thiry (30) days after the commencement date of the lease and on each annual anniversary date
thereafter. Lessee shall pay personal property taxes applicable to its equipment and furnishings
and shall maintain their own insurance on property of the Lessee.
b. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the rent
payable pursuant to Article 2 of this Lease Agreement is at an increased rate, above the going rate
of the building, based on or attributable to any commission or fee which is paid or is payable by
Lessor as the result of Lessor's having utilized or contracted for the services of any real estate
broker, salesman, agent or firm in any aspect of Lessor's dealings or any dealings involving the
leasing of the demised premises to Lessee.
Article 17. USE OF PREMISES
The Lessee will not make or suffer any unlawful, improper or offensive use of the
premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such
Ordinances of the City and/or County in which the demised premises are located, now or
hereinafter made, as may be applicable to the Lessee.
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14131
Article 18. RENEWAL
The Lessee is hereby granted the option to renew this lease, at the discretion of the Lessor, for
an additional term of one years(s) upon the same terms and conditions or as specified on attached
addendum. If the Lessee desires to renew this lease under the provisions of this Article, it shall
give the Lessor written notice not less than three months prior to the expiration of the term
provided in Article 1 of this Lease or any applicable renewal period.
Article 19. TERMINATION AND AVAILABILITY OF FUNDS
The Lessee shall have the right to terminate, without penalty, this lease provided that a
ninety day (90) advance written notice of intent to terminate is given, prior to termination, to the
Lessor by Certified Mail, Return Receipt Requested. If the Federal Government or the State of
Florida does not contract with or provide funds to continues the services at the Immokalee One
Stop, to the Lessee and the Lessee must cease to operate, this Lease Agreement will be
terminated and the Lessee must vacate the Premises as of the date of expiration of the contract or
discontinuance of funding. The Lessee must provide the Lessor with written substantiation as to
the discontinuance of funding or loss, expiration of contract.
Article 20. NOTICES AND INVOICES
All notices required to be served upon the Lessor shall be served by Registered or Certified
Mail, Return Receipt Requested, at:
Southwest Florida Workforce Development Board, Inc.,
Attention: Mr. Mike Egan
9530 Marketplace Road, Unit 104, Fort Myers, Florida 33912
and all notices required to be served upon the Lessee shall be served by Registered or Certified
Mail, Return Receipt Requested, at the address of the Lessee at:
Board of County Commissioners
c/o Real Property Mgmt. Dept.
3301 Tamiami Trail East, Administration Bldg,Naples, Florida 34112
Article 21. LIMITATION OF LIABILITY AND INDEMNITY
To the extent permitted by law, and subject to Section 768.28, Florida Statutes, Lessee,
with respect to itself and its agents, employees, servants, and invitees, agrees to indemnify and
hold Lessor, 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, Lessee agrees to indemnify and hold Lessor, its agents, employees, and invitees
harmless of, from and against all claims, actions, damages, liabilities, and expenses asserted
against the Lessor and/or 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 Lessee 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
Lessee, or if any such injury or damage may in any other way arise 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 Lessee.
Article 22. DEFINITION OF TERMS
(a) The terms "lease," "lease agreement," or "agreement" shall be inclusive of each other and
shall also include any renewals, extensions or modifications of this lease.
(b) The terms "Lessor" and "Lessee" shall include the successors and assigns for the parties
hereto.
(c) The singular shall include the plural and the plural shall include the singular whenever
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1481
the context so requires or permits.
(d)
XXIII ADDITIONAL TERMS
(Check One)
XX All additional covenants or conditions appear on attached Addendum(s) "A, which is
incorporated as part of this lease agreement."
No additional covenants or conditions form a part of this lease.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
the purpose herein expressed, the day and year above written.
ANY LEASE SHALL NOT BECOME LEGALLY EFFECTIVE UNTIL
APPROVED/ACCEPTED BY THE SOUTHWEST FLORIDA WORKFORCE
DEVELOPMENT BOARD.
ORIGINAL SIGNATURES REQUIRED ON ALL COPIES
ATTEST: LESSEE:
DWIGHT E.BROCK,CLERK Board of County Commissioners Collier County, Florida in it
Capacity as the Mier Co ty Community Redevelopment Agency
By O ., • I
By:
''' ► �'4 Clerk, ;My ` , (1-- -.(
c? :: Commissioner Tim Nance,CRA Chairman
slgh�t ,on
A
S),.\\
TO L S Name of Corporation,Partnership,Trust,etc.:
', �"✓� Southwest Florida Workforce Development Board,Inc.
>t, By:
Witness(signature)
-(..e: (SEAL) Joe
I v C .�,,_ C ��",_) Paterno,I Executive Director
(pri me)
Witness(sig ature) ATTEST:
C6` Imo! e fkvler
G Its Secretary
(print name)
Approved as to form and
legal sufficiency:
INK ...V-
Sc R.Teach
Deputy County Attorney
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14 81
ADDENDUM "A"
MONTHLY RENTAL RATE SCHEDULE
760 Sq.Ft.
Effective 07/01/2013
TERM AMOUNT PER SQ.FT. MONTHLY RENTAL
First Term $27.81 $ 1761.30
07/01/13 - 06/30/14 Seventeen Hundred Sixty
One dollars and Thirty cents
Renewal Term $28.64 $ 1813.86
07/01/114 - 06/30/15 Eighteen Hundred Thirteen
dollars and Eighty Six cents
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