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Backup Documents 12/11-12/2012 Item #16E 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING S E9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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) 2. 3. 4. Jeff E. Wright,Asst. County Attorney County Attorney JW 12/14/12 5. Board of County Commissioners ` y 11.41 11. 6. Minutes and Records Clerk of Court's Office j Cl t106 Z 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 needs 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$CC has acted to approve the item.) Name of Primary Staff Alan McLaughlin,Ochopee Fire Control Phone Number 695-4114 Contact District Agenda Date Item was 12/11/12 J Agenda Item Number 16-E-9 8/ Approved by the BCC ! Type of Document Lease Agreement with Retreat at Port of the Number of Original Two / Attached Islands LLC Documents Attached INSTRUCTIONS&CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column, whichever is Yels N/A(Not appropriate. (I tial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be J 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, . 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 JW 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 JVJ 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 JW signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip JW should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. 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. The document was approved by the BCC on 12/11/12 and all changes made during JW the meeting have been incorporated in the attached document.The County Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05 08-MGR-00132/33 16E9 MEMORANDUM Date: December 27, 2012 To: Alan McLaughlin, Fire Chief Ochopee Fire Control District From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Lease Agreement Contractor: Retreat at Port of the Islands, LLC Attached is a scanned copy of the document referenced above, (Item #16E9) approved by the Board of County Commissioners on Tuesday, December 11, 2012. The Minutes and Records Department has retained an original lease, it will be kept as a part of the Board's Official Record. If I can be of further assistance, please call me at 252-7240. Thank you. 16E9 • Lease # LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this \ \` \ day of 2012, between Retreat at Port of the Islands, LLC, a Florida Limited Liability Company, whose mailing address is 6620 Estero Boulevard, Fort Myers Beach, Florida 33931, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR two (2) adjoining units, M252 and M253 in the Main Lodge Building located at the Retreat at Port of the Islands condominium, along with one (1) parking space for fire truck parking on the east side of the Main Lodge Building, as designated on Exhibit "A," and hereinafter referred to as the "Demised Premises", for the sole purpose of housing and providing parking space for LESSEE'S employees to establish a functional fire station at Port of the Islands for the Ochopee Fire Control and Rescue District, a dependent special district under the control of LESSEE. 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 law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for the term of this lease which shall commence on the date entered into this agreement and continue on a month to month basis, with termination possible by either party, with or without cause, by providing written notice at the address set forth in section 12 of this Lease Agreement, at least thirty (30) days prior to such termination. Said notice shall be effective upon actual receipt of the written notice. ARTICLE 3. Modifications to Demised Premises LESSOR has modified one of the two leased units for the LESSEE, at the expense of the LESSEE, by installing lower and upper cabinets, countertop, sink, faucet, associated plumbing and two (2) electrical outlets above the counter to operate 16 E. 9 a stove top double burner and appliances. LESSEE agrees to pay for the expense required to return the units to their original condition upon the end of the lease. These expenses would include, but not be limited to, removal of the kitchen, removal of the plumbing, reinstallation of the baseboard, painting of the unit, and cleaning or replacement of the carpet, based on condition. Digital pictures of the units will be taken prior to occupancy as to maintain record of condition and protect both parties. Any damage to the unit or grounds caused by LESSEE will be billed to LESSEE. A cover for the fire truck has been installed for the purposes of protection of the fire truck. LESSEE will be responsible for maintaining the cover, subject to approval by LESSOR, and for returning the parking area to its original condition upon the end of the lease term, including removal of the cover and repair of damages to the pavement from the cover assembly that are caused by LESSEE. Prior to making any additional 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 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 connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, 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 termination 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 4. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of thirteen hundred dollars and 00/100 Cents ($1,300.00) per month in one monthly payment. 2 16E9 mil Rental payment shall be due payable in advance on the twentieth (20th) day of every calendar month, as payment for the following 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. Lease payments should be made to: The Retreat at Port of the Islands, LLC 6620 Estero Boulevard Fort Myers Beach, Florida 33931 ARTICLE 5. Other Expenses and Charges LESSOR is responsible for all utility charges pertaining to the Demised Premises including, but not limited to, charges for gas, electricity, light, heat, air condition, power, water, and sewer rendered or supplied thereupon or in connection with the Demised Premises. ARTICLE 6. 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 7. 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, other than 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 of this Lease or subletting of the Demised Premises. ARTICLE 8. Indemnity and Insurance To the extent legally possible, the parties will continue the insurance arrangements in effect at the time of the commencement of this Lease, adjusted only so far as necessary to account for their change in legal position. 3 ARTICLE 9. Maintenance 16 E 9 LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within thirty (30) days of the 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 10. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 11. 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 written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 12. 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: LESSOR: Collier County Retreat at Port of the Islands, LLC Board of County Commissioners do SunStream, Inc. do Real Property Mgmt. Dept. 6620 Estero Boulevard 3335 Tamiami Trail East Fort Myers Beach, Florida 33931 Suite 101 Naples, Florida 34112 cc: Office of the County Attorney ARTICLE 13. Surrender of Premises 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, 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 4 i 16E9 thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 14. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised 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 expense to LESSOR. 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 15. Rules of Conduct LESSEE will assume all responsibilities for the conduct of its employees. During the term of this Lease Agreement, the following "rules of behavior" will be in effect: 1. Towel service will be provided two (2) times per week. 2. Land-based telephones will not be turned on in the units. 3. A unit inspection will be completed prior to LESSEE's arrival, including photographic documentation. Upon vacating the premises, LESSEE will be responsible for the cost of repairs due to damages to the units that are caused by LESSEE during the term of LESSEE's occupancy. 4. Use of illegal drugs on the property is prohibited. 5. Loud, disruptive, or unruly behavior will not be tolerated. 6. No personal items may be left outside the units in the corridor. 7. Use of the on-site recreational facilities is subject to posted rules and regulations. 8. No friends or families of LESSEE'S employees are permitted to stay overnight. 9. No pets are allowed. 10. No smoking in the units is allowed. 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 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 Department. 5 16E9 ARTICLE 17. Effective 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 THE LESSEE: DATED b , ke BOARD OF COUNTY COMMISSIONERS, rr COLLIER COUNTY, FLORID A ATTES`t; D GAIT E. BROOK, Clerk K BY k % BY ALAI v Dep C� F ED W. COYLE, Chair t''", Attest aS t6 tha 1t`=• Oigna re 6 AS TO THE LESSOR 16 E 9 RETREAT AT PORT OF THE ISLANDS, LLC: DATED: /j-- ATTEST: , Secretary David A. Lawrence, President, Sunstream, Inc., Its Managing Member v 1 WITNESS (signature) (CORPORATE SEAL) pri TNE•S (sign.ture) Vll L ? print name Approved as to form and legal sufficiency: JeffWright Assistant County Attorney