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Backup Documents 10/09/2018 Item #16B 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP . 6 8 1 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 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 Cd- , 10/I) II 2. BCC Office Board of County Commissioners \-77 \CA\-‘\\ 3. Minutes and Records Clerk of Court's Office 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 f` l Agenda Date Item was 10/9/18 ;V Agenda Item Number 16.B.1 F Approved by the BCC Type of Document Lease Modification Number of Original 2 Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable colu ver is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature`tamp oka 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 Yes. Office and all other parties except the BCC Chairman and the Clerk to the Board rte: 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 "i t 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 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 JAB N/A is not the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the JAB N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. is line. 10. And Return I fully executed copy to: Shirley Garcia via email Countyfl.gov and copy Debrah Forester via email— on the email. Send one fully executed original to 3750 Bayshore Drive,LLC,PO Box 1 9, Convent Station,NH 07961-0129. [04-COA-01081/1344830/1]I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05; Revised 11/30/12 16B I .____ County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Crystal K. Kinzel- Clerk,of Circuit Court 3315 TAMIAMI TRL E STE 102 P.O. BOX 413044 NAPLES, FL 34112-5324 'I` NAPLES, FL 34101-3044 Clerk of Courts • Comptroller • Auditor • Custodian of County Funds October 19, 2018 3750 Bayshore Drive, LLC Attn: James Torri, Property Manager P.O. Box 129 Covent Station, NH 07961-0129 Re: Lease Modification — Collier County Community Redevelopment Agency (CRA) Transmitted herewith is one (1) certified copy of the original of the above referenced document for your records per request, as adopted by the Collier County Board of County Commissioners of Collier County, Florida on Tuesday, October 9, 2018, during Regular Session. Very truly yours, CRYSTAL K. KINZEL, CLERK ----)/ Iii ---i-)/4 �- r Martha Vergara, Deputyerk = Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email-CollierCierk(ei,collierclerk.com 6 . LEASE MODIFICATION nn ��,, THIS LEASE MODIFICATION is made and entered into this—1+ day ofV(iyyf tta,2018 by and between 3750 Bayshore Drive,LLC("Landlord"),a Florida limited liability company.the address of which is P.O. Box 129, Convent Station, NJ 07961-0129, and COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (a/k/a for purposes of this Lease:Bayshore Gateway Triangle Community Development Agency)("Tenant"),the address of which is 3570 Bayshore Drive, Unit C102, Naples, FL 34112. RECITALS: WHEREAS,the parties entered into that certain Commercial Lease Agreement(the"Lease")dated July 1,2013,a copy of which is attached hereto and made a part hereof;and, WHEREAS,the initial term of the Lease between the parties expired on July 31,2016;and, WHEREAS,at the time of expiration of the initial lease term,Tenant exercised its option under the Lease to extend the term of the Lease to October 31,2018;and, WHEREAS,at the time of expiration of the extended term on July 31,2018,the parties mutually agreed that Tenant would continue to occupy the Premises as defined in the Lease pursuant to Section 24, entitled Holding Over;and, WHEREAS,Tenant has,in fact,continued to occupy the Premises on a permissive month-to-month basis since July 31,2018 upon terms and conditions specified in the Lease:and, WHEREAS. the parties now wish to modify the terms of the Lease as set forth herein to accommodate the temporary continued use and occupancy of Tenant. NOW,THEREFORE,for good and valuable consideration,the parties agree as follows: 1. The above and foregoing Recitals are true and correct and are incorporated herein. 2. Term/Options to Extend Term. The term of the Lease shall be modified from month-to-month to a three-month term beginning November 1,2018 and continuing through January 31,2019.subject to Tenant's option to extend the term for an additional three(3)months,in increments of one(1)month at a time,through April 30,2019. In order to exercise any of the three 1-month extensions,Tenant must give at least thirty(30)days'advance written notice to Landlord of Tenant's intention to exercise the following month's option. By way of example,in the event Tenant wishes to extend the term of the Lease to February 28,2019,Tenant must provide Landlord with written notification of such intent to extend on or before January 2,2019. In the event Tenant fails to provide such written notification, the term of Tenant's Lease will expire on January 31,2019 and Tenant agrees that it will have fully and completely vacated the Premises on or before January 31,2019. The parties further understand and agree that if Tenant is in default under any term or condition of the Lease,Tenant may not exercise any option to extend the term of the Lease. 3. Rental Rate. The rental rate beginning November 1,2018 and continuing throughout the Term of the Lease shall be$16.00 per square foot for an agreed space of 1,750 square feet(regardless of whether the actual measured square footage of the space is more or less),for a total monthly rental of$2,333.33 per month. Rent payments are due and payable on or before the 1"of each month beginning November 1,2018,without demand,and shall be paid to 3570 Bayshore Drive.LLC and delivered to Landlord at the address first set forth above. At Landlord's option,Tenant may be required to pay rental payments via ACH or other electronic payment transfer. p�\b\3 168 4. Holdover. In the event Tenant has not fully and completely vacated the Premises at the end of the Term,or any properly extended Term as set forth above,and Tenant remains in possession of the Premises without Landlord permission,Tenant agrees that it wilt be responsible for payment of double the Rental Rate for each day of such holdover period,in addition to all other damages and remedies Landlord may have in law or equity. 5. Notices. The address for any notice required or permitted to be sent to Landlord pursuant to the Lease shall be sent to Landlord at Landlord's address first set forth above. 6. All other terms and conditions of the Lease not specifically modified herein remain in full force and effect as if the same were set out here in full. Dated the day and year first set forth above. LANDLORD: 3570 Bayshore Drive,LLC a Flonda limited liability company 6t/45it BY: ; .,'' ,IP ) /le 'Il VIA7 +1\/t_ ! TENANT: COLLI COUNTY COMM NITY REDE OPMENT AGEN% • Dated: ,s • - r BY: DONNA FIALA, CHAIRMAN .ATTEST:`-•., Crystal K.Kiniet Cterk ett ia By„ Al= Attest AS10'CliairManlS De•u Clew --- - -- sign ture-O •rdY Approved as to form and le lity: Jennifer A.BelpeCounty Attorney ° P.Y) \\41) 1 I I 6 B COMMERCIAL LEASE AGREEMENT THIS AGREEMENT OF LEASE is made as of July 1, 2013 by and between 3570 Bayshore Drive, LLC, a Florida company, (hereinafter "Landlord") and Bayshore Gateway Triangle Community Development Agency, 4069 Bayshore Drive Naples, FL (hereinafter "Tenant"). 1. PREMISES; TERM; PURPOSE: Landlord and Tenant agree to Lease the property described as Unit C-2, 3570 Bayshore Dr., Naples FL according to the Declaration of Condominium, recorded at O.R. Book 3573, Page 3711, Public Records of Collier County, Florida (hereafter the Premises"), for three (3) years,beginning August 1, 2013 and ending July 31, 2016; a space consisting of approximately One Thousand Seven Hundred Fifty Square Feet (1,750 sq ft). Tenant agrees to occupy and use the Premises for the purpose of operating a government office and for no other purpose without obtaining the written consent of Landlord. 2. BASE RENT: From July 1, 2013 through July 31, 2016, Tenant shall pay to Landlord at P.O. Box 783, Cranford, NJ 07016, or as otherwise directed by Landlord, the monthly rent of One Thousand Five Hundred Dollars ($1,500.00) in advance promptly on the first day of every calendar month of the term. The base rent shall increase three percent(3%)per year, following the Lease for each year thereafter. If tenant opts to extend the Lease, for an additional two (2) years, Tenant must advise landlord, in writing, ninety (90) days prior to the expiration of the Lease. A Security Deposit equal to one month's rent rate (One Thousand Five Hundred Dollars (1,500.00) is due upon the execution of this Lease.. Upon execution of this Lease and receipt of the security deposit, Landlord grants Tenant the first three (3) month's rent (July, August and September 2013) at no charge. The Tenant's rental payment obligations to Landlord will commence on October 1,2013. The amount of the monthly rental is based on Tenant leasing approximately One Thousand Seven Hundred and Fifty (1750) square feet. Both parties acknowledge this square footage is an estimate only, and should the actual square footage vary from this amount, neither party shall have the ability to terminate this Lease or otherwise adjust the rental amount in any fashion. 3. UTILITIES/GARAGE: Tenant hereby acknowledges and agrees that it is the Tenant's responsibility to directly apply for and pay promptly, when due, all costs of all electric and gas,as well as the cost of any impact fees,hook-up fees,transfer fees,deposits and any other fees that are required by any utility company and/or city, county, state or federal agency. Since water is not currently invoiced separately metered, the base rental amount shall be deemed to include water. Page 1 of 13 Initials and Date .". 4'' 13 Initials and Date 1-- Initials and Date 16B I EXHIBIT "C" Trash pickup shall be included in the base rental amount, provided, however,TENANT shall, at its own cost provide for a dumpster for removal of any trash and/or building materials during its renovations to the Premises. The only trash pickup included in this Lease shall be routine,day-to- day garbage pickup. 4. REAL ESTATE TAXES: Landlord shall pay all real estate tax bills relating to the Premises. 5. LATE CHARGE AND INTEREST ON PAST DUE PAYMENTS: In the event that any amounts owed by Tenant under this Lease are not received by Landlord within five (5) days of the date due, then Tenant shall pay to Landlord, as additional rent, a late charge of five percent(5%) of the amount due plus interest at the highest rate allowed by law,compounded monthly, on any past due amounts; provided, however,that the interest shall not begin to accrue until five(5)days after the due dates of any such amounts. Should the amounts owed by Tenant under this Lease not be received by Landlord within ten (10) days of the date due, the late fee shall increase to ten percent(10%) of the amount due,plus interest. Failure of the Tenant to pay any sums under this Section 5 shall entitle Landlord to all rent default remedies hereunder and by law. , 6. SYSTEMS,SYSTEMS EQUIPMENT AND MAINTENANCE: Tenant agrees to accept the Premises and all HVAC, plumbing and electrical systems and systems equipment therein or specifically relating thereto,in its present state and condition. Landlord agrees to obtain a contract, where available, at Landlord's sole expense, from a duly licensed contractor who will provide no less than semiannual service for the air conditioning system within Tenant's Premises throughout the term of this Lease. Such service is to include regular filter changes, and other preventative maintenance deemed necessary in order to maintain the system in a satisfactorily operable condition with reasonable wear and tear accepted. Landlord is solely responsible for all costs associated with the replacement of any HVAC, plumbing and/or electrical systems within the Premises,if replacement is required. The exterior maintenance and repair of the building, all mechanical equipment used for the common surrounding grounds and parking lots area and all glass and doors,unless damaged as a result of the Tenant's negligence which shall them be repaired or replaced at Tenant's sole expense, shall be maintained and repaired and/or replaced by Landlord at his sole cost and expense. The interior of the Premises, including janitorial maintenance, shall be maintained by Tenant at Tenant's sole expense. Should Tenant fail to perform necessary maintenance within a reasonable period of time and in a manner consistent with keeping the Premises in first-class condition, Landlord may arrange to have maintenance performed,and the cost of such maintenance shall be due from Tenant promptly upon demand as additional rent. Page 2 of 13 Initials and Date �.7. 4-(b'13 Initials and Date - Initials and Date �� 16B1 EXHIBIT "C" 7. MODIFICATIONS TO EXTERIOR OF PREMISES; SIGNS: No alteration, modification or installation of any fixture, or carrying on of any activity, on the exterior of the Premises shall be permitted to be undertaken by Tenant or its agents without the prior written consent of Landlord. In addition, Tenant shall maintain all show windows and signs in a neat condition and shall not use any advertising or other media that can be heard from outside of the Premises. Tenant shall erect a business identification sign only according to plans and specifications provided by Tenant and after receiving Landlord's written approval. 8. MODIFICATIONS TO INTERIOR OF PREMISES: No alteration, addition or improvement to the interior of the Premises shall be made by Tenant without the written consent of Landlord. Any alteration, addition or improvement made by Tenant after such consent, and any fixture installed as part thereof, shall upon the expiration or sooner termination of this Lease, at the sole option of Landlord, either become Landlord's property or be removed and the Premises restored to their original condition at Tenant's expense. In connection with any such modification or improvements, Tenant shall save and hold Landlord harmless from any material, labor,mechanics or other liens that may be placed upon the Premises by reason of any work done on the Premises on behalf of Tenant, or any nonconformance with building code and permit requirements. Tenant is responsible to obtain a C.O. (Certificate of Occupancy). Notwithstanding the foregoing, Tenant shall maintain the interior of the Premises. Maintenance items shall include,but not be limited to,painting,mirrors,carpeting,lighting and displays. 9. COMPLIANCE WITH ALL LAWS: Tenant, with respect to Premises, agrees to properly comply with all laws, rules, and regulations of all federal, state, county and city governments or any political subdivisions thereof. Tenant further agrees to make no unlawful, improper or offensive use of the Premises.Landlord makes no representations as to the suitability of the Premises for any intended purpose. Tenant shall be responsible for obtaining all occupational licenses,permits,or any other governmental approval as may be required for Tenant to utilize the Premises. 10. 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 Page 3 of 13 Initials and Date 9.T. 4-10-13 Initials and Date ir l Initials and Date I EXHIBIT "C" 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. Tenant shall repair,at its own expense,all damage to or destruction of any plate or window glass on the Premises, and shall maintain adequate plate glass insurance at its own expense for the benefit of Landlord. If Tenant fails to repair the damage of any plate glass or window glass in the Premises or fails or refuses to maintain adequate plate glass insurance for the benefit of Landlord,then Landlord may repair said damage or destruction or may insure the plate glass and charge the cost of such repairing or the cost of premium for the plate glass insurance to Tenant, and the amount thereof shall be deemed to be,and be payable as, additional rent. 11. DAMAGE TO LEASED PROPERTY: Should the Premises be destroyed or so damaged by fire or other casualty,through no fault of the Tenant, during the term of this Lease that they shall be rendered wholly or partially unrentable, and Landlord has not repaired or replaced the Premises within sixty (60) days of such damage or destruction, Tenant may, at its option, cancel this Lease with no further liability to the parties except to the extent of obligations which have accrued to the date of cancellation. In case of any damage or destruction occurring during the last 12 calendar months of this Lease or an extension or renewal,to the extent of fifty percent(50%) or more of the insurable value of the Premises, either Party may cancel this Lease as of the date of damage by giving written notice within thirty (30) days of such damage. In no event shall Landlord be liable for damage or destruction to stock-in-trade, fixtures, furnishings, or other personal property belonging to the Tenant or belonging to others located in, on or about the Premises. Unless Landlord has given Tenant notice of election not to repair within that period,the Landlord shall be deemed to have elected to repair. 12. WAIVER OF SUBROGATION: Landlord shall not be liable for any damage to or destruction of any of Tenant's goods,merchandise,fixtures,or other property caused by fire or any other form of casualty to the Premises. 13. SUBORDINATION: This Lease and all rights of Tenant hereunder are subordinated to the liens of any mortgages covering the Premises which are, or shall later be, placed upon the Premises or any additions to it.Tenant agrees to execute and deliver such further instruments subordinating this Lease to the lien of such mortgage as shall be desired by any mortgagee. Tenant hereby irrevocably appoints Landlord attorney-in-fact of Tenant to execute and deliver such instruments. Tenant shall in the event of the sale or assignment of Landlord's interest in the Building or in the event of any proceedings brought for the foreclosure of any mortgage covering the building attorn to recognize such purchaser or mortgagee as Landlord under this Lease, and in any such events,Landlord named herein shall not thereafter be liable as a party under this Lease. 14. PARKING: USE.OF COMMON AREAS: Tenant shall have the right in Page 4 of 13 Initials and Date ,' G—J o Initials and Date �L Initials and Date ;gin"{) II 166 1. EXHIBIT "C" common with other tenants to use automobile parking areas, driveways and walkways in connection with its business subject to any reasonable regulations for the use thereof specified by Landlord, including but not limited to rules pertaining to parking of automobiles of Tenant's employees. Landlord shall have control and management of common areas. Landlord shall not interfere with ingress and egress to and from the Premises of Tenant's employees or patrons,nor shall Landlord hinder the visibility of Tenant's Premises; provided, however, that the foregoing shall not be construed to limit Landlord's performance of work, repairs, maintenance or construction. 15. EVENTS OF DEFAULT:REMEDY:The following events,or any one of them, shall be events of default under this Lease: (a) Tenant shall fail to make any payment due under this Lease within ten (10) days after the same is due and payable; or (b) Tenant shall fail to perform or comply with any of the other terms, covenants or conditions hereof and such failure shall continue for more than ten (10) days after written notice thereof from Landlord; or (c) Tenant shall discontinue its business on the Premises or vacate or desert the Premises; or (d) Tenant shall become insolvent or bankruptcy proceedings shall be begun by or against Tenant. In the event of any such default, Landlord shall have the option,with or without terminating this Lease, to re-enter and retake possession of the Premises and to Lease them to any other person upon such terms as Landlord shall deem reasonable, or to declare all rent for the balance of the term immediately due and payable, or both. Tenant expressly agrees to pay Landlord all reasonable costs and fees, including attorney's fees, incurred by Landlord in enforcing the provisions of this Section or any other provision of this Lease. Landlord's rights herein conferred are not intended to be exclusive of any other right provided herein or by law, but they shall be cumulative, and such rights may be pursued singly, cumulatively, and successively, as Landlord may elect. In the event of litigation between Landlord and Tenant, it is agreed by both parties venue for any eviction action shall rest in the county where the property is located. Tenant covenants and agrees that if, at anytime,Tenant becomes a debtor under the Bankruptcy Code or is adjudged bankrupt or insolvent under the laws of any state, or makes a general assignment for the benefit of creditors, or if a receiver of Tenant's property in the Premises is appointed and shall not be discharged within thirty(30) days of such appointments then Landlord may, at it's option, declare this Lease terminated and shall forthwith be entitled to immediate possession of the Premises except that if any such proceedings are pursuant to the Bankruptcy Code, then Landlord shall be entitled to all rights and remedies accorded landlords, including without limitation those set forth in said Bankruptcy Code. 16. NOTICES: Any notices required or permitted to be given hereunder shall be in writing and delivered personally or sent by registered or certified mail,addressed as follows: if to Landlord, at the address where the last previous rental hereunder was payable; and if to Tenant, at the Premises, or other such place as Tenant may from time to time designate by notice to Landlord. In the case of personal delivery, notice shall be deemed to occur on the date of actual delivery. In the case of notice by certified or registered mail, notice shall be deemed to occur on the date of posting. Page 5 of 13 Initials and Date 9. . T. 4- /0-13 Initials and Date Initials and Date d'� 1 6 B 1 EXHIBIT "C" 17. CONDITION OF PREMISES: Tenant hereby acknowledges that Tenant has examined the Premises and that taking possession of the Premises shall be an acknowledgement by Tenant that the Premises are in good and tenantable condition, and satisfactory to Tenant, at the beginning of the term hereof. Landlord is under no duty to make repairs or alterations at the time of letting or at any time thereafter unless specially set forth elsewhere herein.No agreement relative to any alterations, additions or improvements,if required by such agreement,shall in any way affect the payment of all rent at the times specified in this Lease. 18. WAIVER: Waiver by Landlord,either expressed or implied,of any breach of any term or condition herein contained shall not be deemed to be a waiver of any other term or condition. The subsequent acceptance of rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant. 19. WAIVER OF TRIAL BY JURY:It is mutually agreed by and between Landlord and Tenant that the respective parties hereto shall and they hereby do waive trial by jury in any action,proceeding or counterclaim brought by either of the parties hereto against the other on any matters whatsoever arising out of or in any way connected with this Lease, the relationship of Landlord and Tenant, Tenant's use or occupancy of the Premises, and any emergency statutory remedy. 20. EMINENT DOMAIN: If the entire Premises are taken by eminent domain, this Lease shall automatically terminate as of the date of taking and any award of compensation (except to the extent expressly awarded to Tenant) shall belong to Landlord. If a portion of the Premises is taken by eminent domain, Landlord or Tenant shall have the right to terminate this Lease by giving written notice thereof to the other party within ninety(90) days after the date of taking. If a portion of the Premises is taken by eminent domain and this Lease is not hereby terminated, Landlord shall, at its expense, restore the remaining portion of the Premises to a rentable condition,if necessary and exclusive of any improvements or other changes made to the Premises by Tenant. In the event of a total taking of the Premises,rent shall abate from the date of taking.In the event of a partial taking,rent shall abate from the date of taking in the proportion that the taken portion of the Premises bears to the entire Premises. 21. ASSIGNMENT AND SUBLETTING: Tenant shall not, without the prior written consent of Landlord, assign this Lease, to another, nor encumber this Lease or any right hereunder or sublet the Premises in any manner. In the event of any such permitted assignment, encumbrance or subletting, Tenant shall remain liable for payment of all rent and other charges provided in this Lease and for the performance of all of its covenants and conditions. 22. INDEPENDENCE OF COVENANTS: An allegation by Tenant of Landlord's breach of this Lease shall not excuse Tenant's performance of its obligations, monetary and otherwise, under this Lease,and Tenant shall not be entitled to any right of set-off so long as the alleged claim has not been reduced to judgement. 23. QUIET ENJOYMENT; ACCESS TO PREMISES; SURRENDER: So long as Tenant is not in default hereunder, Tenant shall be entitled to peacefully and quietly enjoy Page 6 of 13 Initials and Date C-io-13 Initials and Date Initials and Date is B 1 EXHIBIT "C" possession of the Premises, and Landlord shall defend Tenant's right to the same in any action brought by any third party at Landlord's cost and expense. Notwithstanding the preceding sentence, Landlord, or its representative, shall have the right to enter upon the Premises at any reasonable time for the purpose of inspecting, making repairs, or showing the Premises to prospective tenants within the last six months of the term or any renewal or extension of this Lease. Landlord or its representatives shall have access to the Premises provided that such entries shall be accomplished in a manner least likely to interfere with Tenant's business. On the last day of the term of this Lease or upon the earlier termination thereof for any reason, Tenant shall peaceably and quietly surrender the Premises in good order and repair. Tenant understands and agrees that Landlord may, at any time or from time to time during the term of this Lease,perform substantial renovation work in and to the Building or the mechanical systems serving the building (which work may include, but need not be limited to, the repair or replacement of the building's exterior facade, exterior window glass, elevators (if applicable), electrical systems, air conditioning and ventilating systems, plumbing system, common areas and/or hallways, or lobby), any of which work may require access to the same from within the Premises. Tenant agrees that: (a) Landlord shall have access to the Premises at all reasonable times, upon reasonable notice, for the purpose of performing such work, and (b) Landlord shall incur no liability to Tenant,nor shall Tenant be entitled to any abatement of rent on account of any noise, vibration, or other disturbance to Tenant's business at the Premises which shall arise out of said access by Landlord or by the performance by Landlord of the aforesaid renovations at the Building, and(c)Landlord shall use reasonable efforts(which shall not include any obligation to employ labor at overtime rates) to avoid disruption of Tenant's business during any such entry upon the Premises by Landlord,and(d)It is expressly understood and agreed by and between Landlord and Tenant that if Tenant shall commence any action or proceeding seeking injunctive, declaratory, or monetary relief in connection with the rights reserved to Landlord under this provision, or if Landlord shall commence any action or proceeding to obtain access to the Premises in accordance with this provision, and if Landlord shall prevail in any such action,then Tenant shall pay to Landlord, as additional rent under this Lease, a sum equal to all reasonable legal fees, costs and disbursements incurred by Landlord in any way related to or arising out of such action or proceeding. Should Tenant prevail in any such action, then Landlord shall offset the monthly rent payable by Tenant under this Lease, a sum equal to all reasonable legal fees, costs and disbursements incurred by Tenant in any way related to or arising out of such action or proceeding. Tenant acknowledges that the Premise is located in a mixed-use building, with five (5) residential units located on the second level. Tenant affirmatively represents that it shall take all reasonable steps to minimize noise emanating from the Premises. • Tenant shall limit its office hours from 6:00 a.m.to 10:00 p.m. 24. HOLDING OVER: If Tenant shall continue to occupy and remain in the Premises at the expiration of said term, and prior thereto a renewal thereof has not been Page 7 of 13 Initials and Date q. fa-13 Initials and Date j Initials and Date 168 E3 EXHIBIT "C" negotiated,then it is agreed between the parties that in such event such possession by the Tenant shall be considered as a month-to-month tenancy and subject to the same rentals, covenants and conditions as originally written herein,and no extension of said Lease, other than for month-to- month, shall be valid unless expressly stipulated in writing by Landlord. 25. SECURITY DEPOSIT: Tenant shall, upon the execution of this Lease,deposit with Landlord the sum of One Thousand Five Hundred Dollars($1,500.00),as security for the faithful performance of all the terms and conditions of this Lease, including, but not limited to, the prompt payment of all sums due under this Lease and to indemnify Landlord for any loss, costs, fees or necessary expenses which Landlord may incur as a direct and proximate result of any breach of this Lease by Tenant. Landlord shall have the right to apply any or all such security deposit,from time to time,in order to cure any default in the performance of Tenant's obligations under this Lease.In the event that Landlord applies any or all of such security deposit to cure any such default prior to the expiration or earlier termination of this Lease, Tenant shall promptly replace the amount so applied so that at all times hereunder the security deposit will be maintained at the sum above stated.The amount of such replacement of the security deposit shall be immediately payable as additional rent hereunder. Landlord shall return any remaining portion of such security deposit to Tenant,without interest,within thirty(30)days after the expiration or earlier termination of this Lease. Tenant agrees that the holder of any mortgage covering the Premises shall not under any circumstances be liable for such deposit.In the event of a transfer of title of the building, Landlord may deliver said deposit to the transferee and thereupon the transferring Landlord shall be discharged from any further liability with respect to the deposit and the transferee shall hold said deposit as Landlord under-this section. 26. OTHER PROVISIONS: The following paragraph is inclusive as attached hereto and made a part of this Lease. (a). "RADON GAS": 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 Unit." Tenant acknowledges having read the foregoing notification, and has executed this Lease fully aware of the aforementioned conditions. (b) No Liability of Landlord: It is expressly agreed by the parties that Landlord shall not be liable for any damage, injury, or death, which may be sustained by Tenant, it agents, servants, employees, customers and invitees, or other persons resulting from the intentional acts, carelessness, negligence or improper conduct on the part of the other tenants (or such tenants, servants, employees, agents, or invitees), or caused by the Premises or other portions of the Building being or becoming out of repair, without the Landlord's knowledge, including damage caused by breakage or leakage of pipes or any other leakage. (c) Rights Cumulative: The rights of the parties shall be cumulative. The failure of Page 8 of 13 Initials and Date Q.1: t"!s- 13 Initials and Date Initials and Date iii;,) 6 1 1 6 EXHIBIT "C" either party to insist on a strict performance of any provisions herein is not a waiver of such provision in any other instance. (d) Custom Charges for Tenant's Account: Any charges of Landlord for services,or for work done on the Premises by order of the Tenant, or otherwise accruing under this contract shall be considered as rent due and shall constitute a lien for rent due and unpaid. (e) Subordination by Tenant: This Lease is subject and subordinate to all ground or underlying Leases and to all mortgages which may now or hereafter be placed by the Landlord on said Premises and improvements, and to all renewals, modifications, consolidations, replacements and extensions thereof. The preceding sentence shall be required by any mortgagee or Tenant. In confirmation of such subordination,the Tenant shall execute and deliver promptly any certificate on behalf of the Tenant. Provided, however, Tenant's failure to execute such documents upon request shall constitute a default hereunder. (f) Waiver of Jury Trial: The parties (to the fullest extent permitted by law) waive trial by jury in any action,proceeding or counterclaim brought by either of the parties against the other or any matters arising out of this Lease or the relationship of Landlord and Tenant. (g) Indemnification, Hold-Harmless: Landlord shall not be liable to Tenant or Tenant's employees,agents,or visitors,or to any other person or entity whomsoever,for any injury to person or damage to or loss of property on or about the Premises or the common areas caused by the act of Tenant, its employees, licensees or agents, or of any other person entering the building under the express or implied invitation of Tenant or arising out of the use of the Premises by Tenant and the conduct of its business therein,or arising out of any breach or default by Tenant in the performance of its obligations hereunder. To the extent permitted by law, and subject to Section 768.28, Florida Statutes, Tenant, with respect to itself and its agents, employees, servants, and invitees, agrees to indemnify and hold Landlord, 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, Tenant agrees to indemnify and hold Landlord, its agents, employees, and invitees harmless of, from and against all claims, actions, damages, liabilities, and expenses asserted against the 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 Tenant 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 Tenant, or if any such injury or damage may in any other way arises 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 Tenant. (h). No Mechanics Lien: The interest of Landlord in the Premises shall not be subject to liens for improvements made by Tenant. Upon request of Landlord,Tenant shall execute Page 9 of 13 Initials and Date '.T G'10^1 Initials and Date 0 Initials and Date 16B 1 EXHIBIT "C" a recordable memorandum of this Lease stating that the Premises shall not be subject to mechanics' liens. If any notices of mechanics' liens are filed against the Premises as a result of Tenant's acts,Tenant shall cause liens to be discharged within ten(10) days of such notice. (i) No Recordation: This Lease shall not be recorded, nor shall the existence of this Lease be mentioned by Tenant in any recorded document unless Landlord does so for purposes of limiting Landlord's liability for mechanic's liens. (j)Estoppel Certificate: At any time, and from time to time, upon the written request of Landlord or any mortgagee,Tenant,with ten(10) days of the date of such written request, agrees to execute and deliver to Landlord and/or such mortgagee,without charge and in a form satisfactory to Landlord and/or said mortgagee,a written statement: (a)ratifying this Lease; (b) confirming the commencement and expiration dates of the term of this Lease; (c) certifying the Tenant is in occupancy of the Premises, and that this Lease is in full force and effect and has not been modified, assigned, supplemented or amended, except by such writings as shall be stated; (d) certifying that all conditions and agreements under this Lease to be satisfied and performed have been satisfied and performed, except as shall be stated; (e) certifying that Landlord is not in default under this Lease and there are no defenses or offsets against the enforcement of this Lease by Landlord, or stating the defaults and/or defenses claimed by Tenant; (f) reciting the amount of advance rental, if any,paid by Tenant and the date to which rental has been paid, (g)reciting the amount of security deposited with Landlord,if any,and(h)any other information which Landlord or the mortgagee shall require. (k) Rules and Regulations: Landlord reserves the right from time to time to adopt and promulgate rules and regulations applicable to the demised Premises and the Building and to amend and supplement such rules and regulations.Notice of such rules and regulations and of any amendments and supplements thereto shall be given to Tenant and Tenant agrees thereupon to comply with and observe all such rules and regulations,provided that the same shall to the extent practicable be applied uniformly to all of the tenants in the building. Tenant acknowledges receipt of a copy of Tenant's handbook containing the building's rules and regulations and agrees to abide by such rules and regulations as amended from time to time. (1) Right of Inspection. The Landlord shall have access to the Premises at reasonable times for the purpose of inspecting the same and making repairs. (m) Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (n) Attorney's Fees. In the event either party engages the services of an Attorney to collect the rental under the terms of this Lease or to enforce any of the terms of this Lease, it is expressly contracted, covenanted, and agreed by and between Landlord and Tenant that the party that does not prevail shall pay the cost of any such services incurred Page 10 of 13 Initials and Date 9 ( -fo 13 Initials and Date -VAN) Initials and Date �1 1 EXHIBIT "C" by the prevailing party,as well as the court costs which might to incident to a suit brought for the enforcement of any or all of the terms of this Lease Agreement. j E 27. ENTIRE AGREEMENT; SUCCESSORS: This Lease contains the entire and only agreement, verbal or otherwise, between the parties concerning the Premises and shall be binding on the heirs,personal representatives, successors and assigns,respectively,of each party. This Lease shall be construed in its entirety. The subject headings of particular sections are for convenience sake and shall not control the construction of the Lease. In the event that any part of this Lease shall be deemed unenforceable,that part of the Lease shall be relaxed to be construed in a manner most consistent with its original intent, and the rest of the Lease shall remain in full force and effect according to its terms.No modification of this Lease shall be enforceable unless the modification is in writing and signed by the party against which enforcement is sought. IN WITNESS WHEREOF,this Lease has been duly executed by Landlord and Tenant as of the day and year first above written. � I { Page 11 of 13 Initials and Date 4 �, L. 10- 13 Initials and Date . Initials and Date 1681 EXHIBIT "C" AS TO LANDLORD: 3570 BAYSHORE DRIVE,LLC By: 7i1 «Witness(Signature) J ES TURRI,MANAGING MEMBER A._47/0/2 (Print Na ) (2- -Q'57Z, A\CO\C \AC )0Q Witness(Signatur-, (Print N. e) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me on this /Q ' day of \,)0,4% 2013 by James Turri,mana,ing member of 3570 Bayshore Drive,LLC,who is personally known to me or who has provided fLcii)1 ',DZ.00'5(type of identification)as identification. /.16C Notary Public My commission Expires: } 118 Kathleen Horrifeck PublicNotary Netv Jamey G islim j 2i• i Page 12 of 13 Initials and Date G_{a 13 Initials and Date Initials and Date 1 6 B I EXHIBIT "C" AS TO TENANT: ATTEST: COLLIER COUNTY COMMUNITY DWIGHT E. BROCK, Clerk REDEVELOPMENT AGENCY By: ; � <7,C"-*. By. 1 l *ice 'S TIM NANCE, CHAIRMAN Mei t *utile©fl C � A.. ve 'asfO l r1rraud legality: • t IS • Scott R, Teac Deputy County Attorney • Page 13 of 13 Initials and Date '1 . -1": t.^ i 6 "' 13 Initials and Date I • Initials and Date ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 p i TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO [7 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 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. 2. 3. County Attorney Office County Attorney Office JAB 12/4/18 4. BCC Office Board of County lot) Commissioners ,}0� t t -4- 5. Minutes and Records Clerk of Court's Office 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 Jennifer Belpedio County Attorney 239-252-8500 Contact/Department Agenda Date Item was 10/9/18 Agenda Item Number 16B1 Approved by the BCC Type of Document Lease Modification Number of Original 1 —to be sent to party in Attached Documents Attached instruction 9 below. PO number or account n/a number if document is to be recorded 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. Does the document require the chairman's original signature TAMP OK 2. Does the document need to be sent to another agency for additional signatures? If yes, NA 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 JAB 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 NA 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 JAB document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA 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 time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 10/9/18 and all changes made during the JAB meeting have been incorporated in the attached document. The County Attorney's r Office has reviewed the changes,if applicable. t/ 9. This is a SECOND ORIGINAL.This needs to be fully executed and then sent to: B I Christie L. Wohlbrandt, Esq. " vrl 1/144 4re�� i Vogel Law Office, P.A. ioec k" • T��S 4099 Tamiami Trail North, Suite 200 Yo4� S ;dr' C�.v(� it c 0.-k d r\St nc'`--�- • Naples, FL 34103 I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1681 r� COy'of Collier CLERK OF THE CJRC lIT COURT COLLIER COUNTX5COURAIOUSE 3315 TAMIAMI TRL E STE 102 I P.O.BOX 413044 NAPLES,FL 34112-5324 NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audito ! Cstodian of County Funds December 4, 2018 Christie Wohlbrandt, Esq. Vogel Law Office, P.A. 4099 Tamiamt Trail North, Suite #200 Naples, FL 34103 Ms. Wohlbrandt, Enclosed is an original of the Lease Modification with 3750 Bayshore Drive, LLC, approved by the Board of County Commissioners on Tuesday, October 9, 2018. If you have any questions, please contact me at 239-252-8411. Thank you, e sa Cannon, Sr. Deputy Clerk Minutes & Records Department Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 16131 LEASE MODIFICATION U 141 THIS LEASE MODIFICATION is made and entered into this 1 day of DC.-410 -L .12018 by and between 3750 Bayshore Drive, LLC ("Landlord"), a Florida limited liability company, the address of which is P.O. Box 129, Convent Station, NJ 07961-0129, and COLLIER COUNTY COMMUNITY REDEVELOPMENT AGENCY (a/k/a for purposes of this Lease: Bayshore Gateway Triangle Community Development Agency) ("Tenant"), the address of which is 3570 Bayshore Drive, Unit C102, Naples, FL 34112. RECITALS: WHEREAS,the parties entered into that certain Commercial Lease Agreement(the"Lease")dated July 1, 2013, a copy of which is attached hereto and made a part hereof; and, WHEREAS, the initial term of the Lease between the parties expired on July 31, 2016; and, WHEREAS, at the time of expiration of the initial lease term, Tenant exercised its option under the Lease to extend the term of the Lease to October 31, 2018; and, WHEREAS, at the time of expiration of the extended term on July 31, 2018, the parties mutually agreed that Tenant would continue to occupy the Premises as defined in the Lease pursuant to Section 24, entitled Holding Over; and, WHEREAS,Tenant has, in fact,continued to occupy the Premises on a permissive month-to-month basis since July 31, 2018 upon terms and conditions specified in the Lease; and, WHEREAS, the parties now wish to modify the terms of the Lease as set forth herein to accommodate the temporary continued use and occupancy of Tenant. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. The above and foregoing Recitals are true and correct and are incorporated herein. 2. Term/Options to Extend Term. The term of the Lease shall be modified from month-to-month to a three-month term beginning November 1,2018 and continuing through January 31,2019,subject to Tenant's option to extend the term for an additional three(3)months, in increments of one(1)month at a time, through April 30, 2019. In order to exercise any of the three 1-month extensions,Tenant must give at least thirty(30)days'advance written notice to Landlord of Tenant's intention to exercise the following month's option. By way of example, in the event Tenant wishes to extend the term of the Lease to February 28,2019,Tenant must provide Landlord with written notification of such intent to extend on or before January 2, 2019. In the event Tenant fails to provide such written notification, the term of Tenant's Lease will expire on January 31, 2019 and Tenant agrees that it will have fully and completely vacated the Premises on or before January 31,2019. The parties further understand and agree that if Tenant is in default under any term or condition of the Lease, Tenant may not exercise any option to extend the term of the Lease. 3. Rental Rate. The rental rate beginning November 1,2018 and continuing throughout the Term of the Lease shall be $16.00 per square foot for an agreed space of 1,750 square feet (regardless of whether the actual measured square footage of the space is more or less),for a total monthly rental of$2,333.33 per month. Rent payments are due and payable on or before the 1st of each month beginning November 1, 2018, without demand, and shall be paid to 3570 Bayshore Drive, LLC and delivered to Landlord at the address first set forth above. At Landlord's option, Tenant may be required to pay rental payments via ACH or other electronic payment transfer. 1681 4. Holdover. In the event Tenant has not fully and completely vacated the Premises at the end of the Term, or any properly extended Term as set forth above, and Tenant remains in possession of the Premises without Landlord permission,Tenant agrees that it will be responsible for payment of double the Rental Rate for each day of such holdover period, in addition to all other damages and remedies Landlord may have in law or equity. 5. Notices. The address for any notice required or permitted to be sent to Landlord pursuant to the Lease shall be sent to Landlord at Landlord's address first set forth above. 6. All other terms and conditions of the Lease not specifically modified herein remain in full force and effect as if the same were set out here in full. Dated the day and year first set forth above. LANDLORD: 3570 Bayshore Drive, LLC a Florida limited liability company ,`�,._. �, ' . )16 b' 4 N : V't:11-r 4 V ' - \iI p/.11; ,,./A C- is:-- TENANT: COLLIER COUNTY COMMUNITY REDEVEL PMENT AGENCY Dated: Ittie....,' 40,7410 ATTEST: 1011Clo. rlC1.10.; C a.tC Crystal K. Kinzel, Clerk ArsBY: H �.'1`�'UL' -- Attest as to Chairman's ' Deputy Clerk Approved as to form and legality: \ C .'(-Z. Jennifer . Belpedio ' Assistant County Attorney