Loading...
Backup Documents 06/11/2013 Item #16B 3ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL4 6 8 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later �\ than Monday preceding the Board meeting. * *NEW" ROUTING SLIP Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excention of the Chairman's signature. draw a line through routine lines #1 through #2.. complete the checklist, and forward to.the County Attorney Office. Route to Addressees (List in routing order) Office Initials Date 1. - appropriate. (Initial) Applicable) 2. 6/11/13 Agenda Item Number 16 -13-3 3. County Attorney Office County Attorney Office SRT 6/12/13 4. BCC Office Board of County Commissioners Number of Original j 5. Minutes and Records Clerk of Court's Office t„t#--40 M -4r md� Documents Attached J� PRIMARY CONTACT INFORMATION M*v 6 (24 ((3 Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above. may need to contact staff for additional or missing information. Name of Primary Staff Marie C. Ca ita, CRA Phone Number 239.867.4121 Contact / De artment appropriate. (Initial) Applicable) Agenda Date Item was 6/11/13 Agenda Item Number 16 -13-3 Approved by the BCC Does the document need to be sent to another agency for additional signatures? If yes, SRT Type of Document Lease Agreement — Hodges University Number of Original One Attached Original document has been signed/initialed for legal sufficiency. (All documents to be Documents Attached PO number or account N/A number if document is by the Office of the County Attorney. to be recorded All handwritten strike- through and revisions have been initialed by the County Attorney's SRT INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise 2.24.05; Revised 11/30/12 /1-11\. Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? SRT 2. Does the document need to be sent to another agency for additional signatures? If yes, SRT provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike- through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip SRT should be provided to the County Attorney Office at the t' a the item is input into SIRE. Some documents are time sensitive and require forward' g to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aw of your deadlines! 8. The document was approved by the BCC on 6/1 111S and all changes made during meeting have been incorporated in the attached document. The County AttorneyOffice has reviewed the chap es, if a licable. 9. ZtheSRTRI Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for Chairman's signature. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revise 2.24.05; Revised 11/30/12 /1-11\. 168 3 MEMORANDUM Date: June 24, 2013 To: Marie Capita, IBDC Manager Immokalee Business Development Center From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Lease Agreement Attached is the fully executed original of the document referenced above (Item #16133), of which application was approved by the Board of County Commissioners on Tuesday, June 11, 2013. A copy will be a kept by the Board Minutes and Records Department as part of the Board's official Records. If you have any questions, please contact me at 252 -7240. Thank you. Attachment LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this /dl' I day of July, 2013 between Hodges University, Inc., (the "Lessor "), having an address of 2655 Northbrooke Drive, Naples, Florida 34119 and whose Federal Identification Number (F.E.I.D. or S.S.) is , and the Collier County Board of County Commissioners, acting as the Community Redevelopment Agency (the "CRA "), on behalf of the Immokalee Business Development Center ("IBDC "), (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, a part of those certain premises designated as: Hodges Immokalee Learning Site Single Office Designated as Office #2 1170 Harvest Drive Immokalee, Florida 34142 1. TERM To have and to hold the above described premises for a term commencing on the 1st day of July, 2013 through and including the 31 st day of December, 2013. 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 of $100.00 per month for the period specified in Article I of this lease. The rent for any fractional part of the first month, if any, shall be prorated. The rentals shall be paid to the Lessor on the first day of the month at: Hodges University 2655 Northbrooke Drive Naples, Florida 34119 Att: Dave Rice, VP of Facilities and [T. Lessor reserves the right to impose a 5% penalty upon each rent installment not received by the Lessor by the tenth of each month. 3. HEATING, AIR CONDITIONING AND JANITORIAL SERVICES 1. Services for Office #2 shall be provided in the same manner as those provided for the rest of the building. Such services include heating and air conditioning, janitorial services, pest control and trash disposal. 2. All services required above shall be provided during the Lessee's normal working hours, which shall coincide with the operating hours of Hodges University. These hours are currently 8 AM to 8 PM, Monday through Thursday, and Fridays from 8 AM to 5 PM. These hours are truncated during term breaks and the premises are closed during the week between Christmas and New Years. 4. UTILITIES 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 any separately metered utilities including gas, water, sewer, solid waste, electricity and telephone. Lessee shall have limited use of Lessor's phone service (local calls). Lessee shall be responsible for any long distance calls. Lessee shall have limited use of Lessor's copier (100 copies a month). A copier code shall be issued to the Lessee which code shall be used when making any copies on Lessor's copy machine. Lessee is responsible for reimbursing Lessor at the per copy rate of 10 cents per page when she exceeds her monthly maximum allowance of 100 copies. Lessee shall keep track of copies and calls and Lessor has the option of discontinuing this accommodation at any time for any reason. 5. ALTERATIONS The Lessee shall have the right to make minor alterations in and to the demised premises during the term of this lease upon first having obtained the written consent thereto of the Lessor and at the Lessor's sole discretion. 6. 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. 7. FIRE AND OTHER HAZARDS In the event of a major fire to premises not the fault of the Lessee or its agents, or guests, the Lessee shall have the option of vacating the premises and terminating its obligations under this lease. 1. 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. 2. The Lessor certifies that it is without knowledge of whether asbestos was used in the kl-W construction of the demised premises. 3. Radon Gas 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. The Lessor certifies that it is without knowledge regarding radon levels within the demised premises. 8. 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. 9. SUBLETTING AND ASSIGNMENT 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. 10. 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. 11. 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 they are required to make under the terms of this lease. 12. 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, and such default shall continue for a period of twenty -one (2 1) 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 stall terminate but without prejudice to any remedy which might otherwise be used by the Lesser for arrears of rent or for any breach of the Lessee's covenants herein contained. Ov 13. TAXES, INSURANCE AND COMMISSIONS 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. 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. Use of the premises shall be limited to that of teaching/classroom use and related administrative support. 15. RENEWAL This lease is not subject to renewal. The parties anticipate that at the end of this lease term the IBDC, which no later than lease end will be an independent non - profit entity separate from the CRA, may be offered a new lease agreement for the leasing of a +- 2,000 s.f. out building adjacent to the main building where this Office #2 is located. The rental of the out building will be subject to terms and conditions to be proposed and agreed upon by the proper leasing entities at that time. 16. TERMINATION AND AVAILABILITY OF FUNDS The Parties 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 other parry by Certified Mail, Return Receipt Requested. 17. NOTICES AND INVOICES All notices required to be served upon the Lessor shall be served by Registered or Certified Mail, Return Receipt Requested, at: Hodges University, Inc. Attn: David Rice, VP 2655 Northbrooke Drive Naples, Florida 34119 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, acting as the Community Redevelopment Agency, c/o Real Property Mgmt. Dept. 3301 Tarniami Trail East, Administration Bldg Naples, Florida 34112 18. 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 c 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. 19. 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 the context so requires or permits. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year above written. 0 ORIGINAL SIGNATURES REQUIRED ON ALL COPIES :4 L. ` Fi Witness: i� - WI—&� ersity, Inc. rst VHYdges Print Name: ,C�1izl i��, c��y 7 , ts Vice President Second Witness: / a Print Name: !Iq4 &cti�e-f41 2 LESSEE: „�a :: , •, ATTEST: �, " Board of County Commissioners Collier County, Florida in its Capacity c� DWIGHT E as the Collier County Community Redevelopment Agency By: By: r Tim Nance, Ch airman Approved as to form and le colt R. Teach Deputy County Attorney :4 L.