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Resolution 2004-166 16E1 RESOLUTION No. 2004 - lQ..G.- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE EMPOWERMENT ALLIANCE OF SOUTHWEST FLORIDA COMMUNITY DEVELOPMENT CORPORATION FOR USE OF OFFICE SPACE WITHIN A COUNTY.OWNED BUILDING. WHEREAS, The Empowerment Alliance of Southwest Florida Community Development Corporation ("Alliance") desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located at 310 Alachua Street, Immoka1ce, Florida. WHEREAS, the Lease Agreement provides for an initial five (5) year term with two (2) renewal term of four (4) years, with an annual rent of $500.00 for the first year, with annual three percent increases thereafter. WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Alliance and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and The Empowerment Alliance of Southwest Florida Community Development Corporation. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. Ttii, R,,01olioo ,doplod Ihi, J I.D- ""y of ~ after motion, second and majority vote. ,2004 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER ceORIDA BY ~ -J - DONNA' , rm ~ <';".":':" ~ By#itJ.-,1-@ .... ,..' "D.eP. t1~. -'. rk ~~ :. ->".-.' ;:'J~~ : -< ~ """",' . .. c-,.- Attest a,.,to ~~i:" $1 gnaturt<' ~r.yo.;-: ~~..~.>j/ (~. !J~:!.r.r'.J'''' Approved as to form and legal sufficiency: TO,"- PJM.-- Thomas C. Palmer Assistant County Attorney Item # It.,tl Agenda Date _SoH -0'-/ Date ~ Rec'd ~ -18. 0'1 ~~JUn,~ puty lerk . Lease # LEASE AGREEMENT 16El '~1 fL-~ THIS LEASE AGREEMENT entered into this ~ day of , 2004, between The Empowerment Alliance of Southwest Florida Community Development Corporation, a Flori a non profit corporation, whose mailing address is 640 Ninth Street North, Immokalee, Florida 34142, hereinafter re erred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately eighty-one square feet of office space located at 310 Alachua Street, Immokalee, Florida, as shown on Exhibit "A" which is attached 7hereto and made a part of this Lease, hereinafter called the "Demised Premises", situated in Collier County, Florida. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premise for a term of Five (5) years, commencing on May 1, 2004 and ending April 30, 2009. LESSEE is granted the option, provided it is not then in default of any of the provisions of this Lease, to renew same for two (2) additional terms of four (4) years each, under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, by delivering written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon actual receipt by the County. LESSOR and LESSEE reserve the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to the other party at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by the parties. In addition, 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 that is contrary to law or rules or regulations of any public authority having jurisdiction over the Leased Premises. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Five Hundred Dollars ($500.00) per annum, to be paid in full within fifteen days from the commencement date of this Lease and shall be due in full each year thereafter upon the anniversary date of this Lease. LESSEE will also be responsible for the payment of additional rent as provided for in ARTICLE 4 of this Lease. Following the first full year of tenancy, the annual rental amount shall increase by three (3) percent for each ensuing year thereafter and any renewal terms thereof. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs for electricity, air conditioning, water and sewer services used and janitorial services, rendered or supplied to the Demised Premises. LESSOR shall furnish one (1) telephone for LESSEE'S use at the Demised Premises. The LESSEE shall be responsible for costs associated with any and all long distance telephone charges. LESSEE shall be billed by LESSOR for long distance telephone service on a monthly basis. LESSEE covenants to pay LESSOR for said service within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing and in meaningful detail,Jhe 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 response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL to such request to LESSEE. 1 6 E 1 ,I LESSEE covenants and agrees in connections 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, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other governmental agencIes. . . 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 the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, 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 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 the same and making repairs or providing janitorial service therein, and for the purposes of inspection for compliance with provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or te permit any other person(s) to occupy same without the expressed prior 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. Any such attempt shall be null and void. ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shaH indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including but no limited to attorneys' fees and disbursements both at trial and all appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or otherwise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by reason of anyone or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works or otherwise. LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved in writing by the Collier County Risk Management Department, for not less than Three Hundred Thousand Dollars and NolCents ($300,000.00) combined single limits during the term of this Agreement. Such insurance policy(ies) shall list and continuously maintain Collier County as an additional insured thereon. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No Cents ($100,00.00) per accident. 2 ... , Evidence of such insurance shall be provided to the Collier County Risk Management De~n~l East Tamiami Trail, Administration Building, Naples, Florida, 33962, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Collier County clo County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. 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 twenty (20) days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs, and such costs shall constitute ADDITIONAL RENT which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. ARTICLE 11. Default bv LESSEE Failure of LESSEE to remedy any non-compliance of this Lease within ninety (90) days from receipt of LESSOR'S written notice stating the non-compliance shall constitute a default, whereby LESSOR may, at its option, terminate this Lease by giving LESSEE~ thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE and is not removed within thirty (3) days pursuant to the Florida Mechanics Lien Law or otherwise. If LESSEE fails to pay, when due, any installment of rent or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5%) percent of any payment not paid promptly when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR. 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 thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to LESSOR by LESSEE properly and in meaningful details specifying wherein LESSOR has failed to perform any such obligation(s). 3 ARTICLE 13. Notices 16El " 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: LESSOR: Board of County Commissioners c/o Real Estate Services Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSEE: The Empowerment Alliance of Southwest Florida Community Development Corporation 640 Ninth Street North Immokalee, Florida 34102 Copy to: Office of the County Attorney Facilities Management Department ARTICLE 14. Surrender of Premises LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed 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 expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S operations where any such operations share common facilities or otherwise. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all taxes imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (induding attorneys fees and all appeals) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or harm to the environment caused by LESSEE. ARTICLE 17. 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 18. General Provisions LESSOR 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 LESSOR and shall involve no cost or expense to LESSEE. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall be subject to liens for improvements made by the LESSEE, also liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. 4 ARTICLE 20. Effective Date 16El This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Governinl! Law This Lease shall be governed by, 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 LESSOR: ". / DATE~ /~ ~ /' ATTEST.:(\J ..' .....:..'f.r; . ,'I,' >.. 'O.. l2~'\ DWIGHT E. BROC.ÌÇ;·Gr~.k~\ ..... '~', :': ~1r.~"¡;i·~::'. ...~:. . ., '." '..'- .~' . , . ," '},.... r :l..r -, ',';: :~~. - ~... ".. \:.~"J;,!~,{"¡" .. '~"'F.l1 .: ~;:- dl· ,'~' .'i.J; ~\;:\, . <. C ,·:,·:...':':..~~v..-, (jI ',>'." ..' /,' ,)... , . .'-. . . ,:' ''íd '., '. r . , Attttt II to Chltrünbï'j¡:r:;';~~' signature only. BOARD OF COUNTY COMMISSIONERS COLLIER COD , FLORIDA BY: DONNA F AS TO LESSEE: ~A : .3'-1~1 -~ ~ NESS (signature) U(~\ C~/0ï~-WÒ ~ (print name) ¡¿~at~ ~ D.1"6~ J. Coole.. (print name) Approved as to form and legal sufficiency: lò~ r~ Thomas C. Palmer Assistant County Attorney Item # I L, t f 5-IÆ~OL. Agenda Date Date SrI ~ ,ötf Rec'd ~ 5 - ~ ,:/1' -} -Uti fJ If, 'T ~_ !u ~-~I fi) \Ii. r'1 Z ~ Z n r'1 ~~ 5 e.", c -< tï o " " R A r'1 ..D ~ TI- ~ ..J' ~ EXHIBIT "A" . ' :e 01J "'0 ;<~ ~¡;t ::Jr o z r o CD (]) -< I > F ~ -< 16E1 r c r > z ~ n ro co n o r r ¡¡; '" õ Z r'1 :u I I 1'1