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Backup Documents 09/11/2018 Item #16B3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1693 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 arejo 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 exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney Office Q hit I 2. BCC Office Board of County Commissioners \ >NA. / 3. Minutes and Records Clerk of Court's Office Ha tF.Z°1.i,, PRIMARY CONTACT INFORMATION 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 Debrah Forester Phone Number 643-1115 Contact/Department Agenda Date Item was 9/11/18 Agenda Item Number 466,r/‘a3 Approved by the BCC Type of Document Bayshore Gateway Triangle CRA Office Number of Original 2 Attached Lease Documents Attached PO number or account number if document is ,� l 0" to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column ver is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature Stam o ay N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 Yes 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 ) 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 Yes 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 Yes signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain t)4/- time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on date above and all changes made during Yes the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 1, 1 t 9. Initials of attorney verifying that the attached document is the version approved by the ► ' °U 1, aBCC,all changes directed by the BCC have been made,and the document is ready for the j�— Chairman's signature. 10. And Return I fully executed copy via email to: Shirley Garcia Shirley.Garcia c Collier Countyfl.gov Debrah Forester via email—Debrah.Foresterra CollierCountyfl.gov.Ma' one original to Chrishelle III.LLC c/o Marco Island Real Estate,LLC, 1095 Bald Eagle Drive,Marco Island,FL 34145. [04-COA-01081/1344830/111:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24A L Revised 11/30/12 U<��� Oettr t of (oilier 1683 CLERK OF THE)CIRUIT COURT CRYSTAL K. KINZEL COLLIER COUIVY CO6RTHOUSE Clerk of Courts Clerk of CourtsAccountant 3315 TAMIAMI TRL E STE 102; � P.O. BOX 413044 NAPLES,FLORIDA sl, I NAPLES,FLORIDA Auditor 34112-5324 _I- ;34101-3044 Custodian of County Funds September 13, 2018 Chrishelle III, LLC do Marco Island Real Estate, LLC 1095 Bald Eagle Drive Marco Island, FL 34145 Re: Lease Agreement w/Collier County Community Redevelopment Agency Ms. Massimi Attached, please find an original copy of the Lease Agreement between Chrishelle III, LLC and the Collier County Community Redevelopment Agency, referenced above, approved by the Collier County Board of County Commissioners on Tuesday, September 11, 2018 If your office requires further information, please feel free to contact me at 239-252-8406. Thank you. DWIGHT E. BROCK, CLERK Ann Jennejohn, Deputy Clerk Attachment (1) Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 16133 Lease# LEASE AGREEMENT „-i- THIS LEASE AGREEMENT entered into this �, day of , 2018, between Chrishelle III,LLC,a Florida limited liability company,whose mailin address is 1095 Bald Eagle Drive, Marco Island, FL 34145, hereinafter referred to as "LESSOR", and Collier County Community Redevelopment Agency, whose mailing address is Bayshore Community Redevelopment Agency c/o Real Property Management, 3335 East Tamiami Trail, Suite 101, 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 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately Thirty-three hundred(3,300)square feet of space located at 2348 Pineland Avenue, Unit 6, further described in Exhibit "A", which is attached and made a part of this Lease, hereinafter referred to as the "Demised Premises",for the sole purpose of operating a government office. 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 a term of five (5) years, commencing seven (7) days from the issuance of the Certificate of Occupancy issued for the Interior Improvements. LESSOR shall provide LESSEE with a copy of the Certificate of Occupancy as soon as practicable after issuance. LESSEE is granted the option,provided it is not then in default of any of the terms of this Lease,to renew same for two (2)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 ninety(90)days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. The LESSEE shall have the right to terminate at any time by providing the LESSOR with ninety-day written notice to the address set forth in Article 13 of this Lease. If LESSEE shall terminate this Lease prior to the expiration of the 5-year term with LESSOR not being in default, Lessee shall reimburse Lessor for a pro-rata portion of the cost up to 62% of the Interior Improvements described in Article V of this Lease. (Example: If LESSOR'S improvement costs are $65,000 and if LESSEE shall terminate the First Year the costs equal $40,000, the Second Year = $32,000, Third Year = $24,000, Fourth Year =$16,0000 and Fifth Year=$8,000). ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of Fifty-Six Thousand One Hundred Dollars and 00/100 Cents($56,100.00)per annum,to be 1683 paid in equal monthly installments of Four Thousand Six Hundred Seventy-Five Dollars and 00/100 Cents($4,675.00). The LESSEE is exempt from sales tax and shall provide LESSOR with the Certificate of Exemption. Common Area Maintenance (CAM) expenses are calculated annually on a per square foot basis. Each tenant is charged based on the square footage of the leased space. LESSEE shall pay the amount of$874.50 each month for its proportionate share of CAM. Any increase to the previous year's CAM shall be provided to LESSEE thirty (30) days prior to each anniversary date of this Lease. CAM shall not increase more than 5% on each anniversary date unless approved by the Collier County Community Redevelopment Agency. CAM includes: • Lawn Care • Waste Management Services both garbage and recycling • Florida Power Light(FPL) service for exterior lights • Insurance- Liability and Flood • Taxes due to both Department of Revenue and Collier County • City of Naples Water for Sprinkler System • Outdoor Security Camera's • Building maintenance 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 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. A past due fee (Additional Rent) of 10% of the base rent will be due after the fifth day of the month in which rent has not been received by the LESSOR. In case any payment for expenses or other monies, exclusive of Rent, is not made within 10 days from the date due, then the sum thus delinquent shall bear interest at the rate of 18%per annum from the date when due until paid. ARTICLE 4. Renewal Term Rent The annual rent shall be increased by three percent, compounded each year,throughout the life of this Lease as follows: The second year of occupancy shall be$57,783.00 (Fifty-Seven Thousand Seven Hundred Eighty- Three Dollars) The third year of occupancy shall be $59,516.49 (Fifty-Nine Thousand Five Hundred Sixteen Dollars and Forty-Nine Cents) The fourth year of occupancy shall be $61,301.98 (Sixty-One Thousand Three Hundred One Dollars Ninety-Eight Center) The fifth year of occupancy shall be $63,141.04 (Sixty-Three Thousand One Hundred Forty-One Dollars and Four Cents. 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 communications service used,rendered or supplied thereupon 2 0 16B3 or in connection with the Demised Premises. If LESSOR elects to supply utility services and/or janitorial services, LESSEE agrees to pay the same as additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. At its sole cost, LESSOR shall provide the LESSEE with an industry-standard finished `vanilla' shell to include, but not limited to, acoustical ceiling (tiles), all lighting to meet industry standard foot candle design for office space , code compliance standard wiring for electricity, telephone, and internet services, fit out and fixtures of two (2)ADA accessible restrooms,kitchen area to include base cabinets with laminate countertop(appliances not provided), code compliance insulation, outer walls, interior doors, exterior doors, interior and exterior hardware, interior millwork, paint and carpet The LESSOR agrees to construct improvements to the Demised Premises as requested by LESSEE. prior to LESSEE'S occupancy, and the LESSEE will review, approve, and sign the construction drawings for LESSEE'S understanding of the improvements to be constructed.Those improvements shall include: reception area with half wall,six(6)individual offices with doors, one(1)conference room, and(1) large meeting room, hereinafter referred to as the"Improvements as substantially depicted in Exhibit B." LESSEE's project manager will have the right to review and approve the final plan prior to submittal for Collier County building permits. ARTICLE 6. Modifications to Demised Premises 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 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 7. Access to Demised Premises 3 0• 1683 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 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 9. Insurance Tenant shall be responsible for obtaining, such insurance as deemed necessary for all contents and materials located in the Premises, together with any Tenant improvements to the Premises. Tenant shall also keep in full force and effect, comprehensive public liability insurance insuring Landlord and Tenant against injury to property, persons or loss of life arising out of use of occupancy of the Premises by any person,with limits per accident of at least$5,000,000 bodily injury and$1,000,000 property damage. Subject to Section 768.28,Florida Statutes, Tenant agrees to indemnify and hold harmless Landlord against any and all claims, costs and expenses arising from or in any manner related to the conduct or management of business or other activities conducted by Tenant in the Premises. Tenant shall provide Landlord with a certificate evidencing insurance including evidence that Tenant's waiver of liability on the part of Landlord does not affect such policy or the right of the insured to recover thereunder. Further, Landlord and Tenant shall obtain from their respective insurers endorsements whereby the insurers agree to waive any right of subrogation against Landlord or Tenant, as the case may be, in connection with fire or other risks or casualties covered by said insurance. Landlord shall furnish a certificate of such insurance to Tenant. Tenant agrees that Landlord shall be allowed to make a claim or authorize any claim to be made against Tenant, its employees, servants or agents in connection with or as a result of fire, explosion or other casualty damaging the Premises. Nothing in this paragraph is considered a waiver of sovereign immunity by the Tenant. ARTICLE 10. Maintenance 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 11. Default by LESSEE 4 0 Failure of LESSEE to comply with any provision or covenant of this Lease shall consto 8 3 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). In the event LESSOR elects to terminate this Lease upon default by LESSEE, LESSOR shall give to LESSEE written notice of his intention and within five(5)days of said notice LESSEE shall vacate the Demised Premises. If this Lease is terminated by LESSOR by virtue of LESSEE'S default, LESSOR shall be entitled to recover from LESSEE all Rent which, without limiting or diminishing the definition of Rent provided for in Paragraph 5, shall include the costs of obtaining possession, cost of repairs and alterations and all obligations accrued hereunder to the termination hereof including any court costs and reasonable attorneys' fees occasioned by the enforcement of this Lease and any other expenses or fees which would be collectible by LESSOR as rent or additional rent as provided for in Chapter 83 Florida Statutes. ARTICLE 12. 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 sixty (60) 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 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: LESSOR: Collier County Community Redevelopment Agency Chrishelle III, LLC, c/o Real Property Management c/o Marco Island Real Estate, LLC 3335 Tamiami Trail East, Suite 101 1095 Bald Eagle Drive Naples, Florida 34112 Marco Island, FL 34145 cc: Office of the County Attorney 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112-5749 ARTICLE 14. 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 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 Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSEE acknowledges that any special security measures 5 0• 1683 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 and maintenance of LESSOR'S standard operations as well as LESSOR'S right to make improvements upon the Demised Premises as deemed necessary by LESSOR. 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. ARTICLE 17. Effective Date This Lease Agreement shall become effective upon seven days from the issuance of the Certificate of Occupancy for the Demised Premises. Should the Improvements not be completed at the Demised Premises, and the Certificate of Occupancy not issued by January 31,2019,the LESSEE shall have the right to terminate this Lease by providing immediate written notice to the LESSOR and the LESSEE shall have no further obligations in this Lease and the Lease shall become null and void. 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: 01,--1 - --1 3 ATTEST: COLLIER COUNTY COMMUNITY CRYSTAL K<'; ZEL, _ REDEYE PMENT ENCY CLERKgin. /1142.0 (� �, ;td. .t /0 .( , By: �fJ` es{asto Ch.1 t s i` Y ERK DONNA FIALA, CHAIRMAN g rue onl si nY•• li Item# Approved for form and legality: `� 1�` -� f l Agenda . (! ' _ 4, Date Jennifer. Belpedio 9"Q- a-�`` Date Qr-1.6 -it Assistant County Attorne Recd ------- 6 Deputy '�.lig r.r, D 0 • i AS TO THE LESSOR: {J DATED: "off - IS CHRISHELLE III, LLC 1683 a Florida limited liability company ATTEST: p. eh.xiktf ?. /1 i cin 1 BY:` • _ C � , Secretary 'amela E. 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