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Agenda 02/10/2009 Item #16E 8 i\genda 'tem No. 16E8 February 10, 2009 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to Lease Agreement with Domenico and Maria LaGrasta for the continued use of temporary warehouse/office space used by the Sheriff's Office at a first year's cost of $52,800. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to enter into a First Amendment to Lease Agreement with Domenico and Maria LaGrasta for the continued use of temporary warehouse and office space being used by the Sheriffs Office until their new facility at our County Barn property is completed. CONSIDERATIONS: Since February 2007, the Sheriffs Office has utilized leased property on Mercantile Avenue for their fleet maintenance, radio shop, mobile data, telephone, and purchasing operations, This location was leased to make space available at the other leased warehouse on Arnold Avenue that is used for fleet and purchasing operations. The subject property is located at 4373 Mercantile Avenue and totals 7,000 square feet. The space includes 1,200 square feet of air-conditioned warehouse space, approximately 4,800 square feet of non-air-conditioned warehouse space, two (2) restrooms, and four (4) offices. ~ The Amendment is extending the lease to February 14, 2012. The County will have the right to terminate the lease, with or without cause, by providing sixty days prior written notice to the landlord. The operation at this location will be relocated to the County Barn facility once completed. It is anticipated that this Lease will be terminated in the spring of 2009. The prior year's rent of $84,000.00, which included Common Area Maintenance (CAM) charges, has been reduced due to the economic climate to $52,800.00 annually for the initial three (3) year term. The annual rent may be increased by five (5) percent annually following the initial three (3) year term. The County will be responsible for all monthly communications and electricity costs pertaining to the operation of the subject property. The landlord will be responsible for all costs related to water consumption, sewer fees, building maintenance, landscaping, irrigation, air-conditioning, and plumbing systems. FISCAL IMPACT: The first year's total rent and common area maintenance fees of $52,800, to be paid in equal monthly installments of $4,400.00, as well as all subsequent annual rent and common area maintenance fees, will be withdrawn from the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATION: The proposed Lease Agreement is legally sufficient for Board action. This item is not quasi-judicial, and as such ex parte disclosure is not required. This item requires majority vote only. - JBW RECOMMENDATION: That the Board approves and authorizes the Chairman to execute the attached First Amendment to Lease Agreement. .~ PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services, Facilities Management Department Page] of 1 Agenda Item No. 16E8 February W 2009 Page 2 of 4 COLLIER COUNTY BOARD DF COUNTY COMMISSIONERS Item Number: Item Summary: 16E8 Meeting Date: Recommendation to approve a First Amendment to Lease Agreement with Domenico and Marla LaGrasta for the continued use of temporary warehouse/office space used by the Sheriffs Office at a first years cost of $52,800. 211012009 90000 AM Prepared By Michael H. Dowiing Property Management Specialist Date Administrative Services Facilities Management 1/21/20091:30:16 PM Approved By Toni A. Mott Real Property Supervisor Date 1/27/200910:55 AM Administrative Services Facilities Management Appro\-'ed By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 1/27/20094:14 PM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1128/20095:03 PM Approved By OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 1i29f2009 9:12 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attornp.y County Attorney Office 1!29!200910:03 A.M Approved By Laura Davis.son County Manager's Office Management & Budget Analyst Offi:;e of Management & Budget Date 1/29/200911 :23 AM Approved By Jeff Klatzkow Assistant County Attorney Date County Attorney County Attorney Office 1/29/200911 :30 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1/29/20096:57 PM tile://C:\AgendaTest\ExDort\ 123-Februarv%20 1 0.%202009\ 16.%20CONSENT%20AGEND ... 2/4/2009 ~. .... f\genda item 1-.]0. 1'3E8 Licen~iJI92~10, 2[\09 Page 3 M 4 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this _ day of _____,2009 at '\1aples, Collier County, Florida by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 Ea<;t Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," und Doml:nico and Maria L:'lGrasta whose mailing address is 506 ] 06th Avenue North, Naples, Florida 34108, hl:reinafter referred to as "LESSOR." WITNESSETH WHEREAS, Collier County and Domenico and MlU"ia LaGrasta have previously entered into a Lease Agreement dated February 15,2007; \Vl:l.ERLAS, the LESSOR and LESSEE an~ desirous of amending the Lease Agreement; J\OW THEREFORE, in consideration of tbe covenants and agreements provided .....'thin said Lease Agreement dated February 15,2007, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as foIlO\vs: ]. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until February 14.2012, hereinafier referred to as the "Extended Leasc Term," and LESSEE is granted the option, provided it is n01 then in default of any of the terms of this Lease, to rene"'" same fOT two (2) additional one (1) year terms, under the terms and conditions as providcd hcrein, by giving \\-Tinen notice of LESSEE'S 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 become elfective upon actual receipt by LESSOR. LESSEE, ho,^'ever, reserves the right to tc~minate this Lease, with or ,^~lho\.lt cause, upon sixty days prior written notice of such termination to LESSOR at the addn::ss set forth in ARTICLE 13 of the Lease Agreement. Said notice shall be effective upon actual receipt by LESSOR. :2. The follo'wing provision shall be added to Article 3 of the Lcas(: Agreement: The base rent for the period of February 15,2009 to February 14,2012. shall be $4,400.00 per month. If LESSEE elects 10 rene\v this Lease <.IS provided for herein. the mmual rent shall be incn:ased by mutual agreement by both parties for cu(,;h renewal term following the Extended Lcuse Term. in which no single increase shall exceed five (5) percent. 3. Except as expressly provided herein, the Lease Agreement belween ColJit:r Count)', a political subdivision of the State of Florida, and Domenico and Maria LaGrasta for the utilization of the Demised Premises described in said Lease Agreement dated February 15,2007. remains in full force 2nd effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided athen-vise herein. IN WITNESS WHEREOf', the LESSOR and LESSEE ha\'(;': hr.:rctu exec:uted this First Amendment to Lease Agreement the day and year first above \vriHen. AS TO TIlE LESSOR: DATED::JIlA!. 10, ;;too,\ ~:;lZ;~ Witness (Signature) J !f~ 5 <f',c( &-<.1,,}"{ (P .n Name) .~tJ.~ Witness (Signature) ~ 17 ,/' BY U<;yyYI' - JJ- ~- DOME!,;ICO LAGRASTA \ A~" ' ~ J./ .-J-..-- BY_-'::-/.f~... {/.)'i.~!a-- r-.lARli\U\GRr'\.STA S7fVE"N I~. SLAO_(Ik, (Print Name) AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk Approved as to fom and legal sufficiency: ~0-A . Jennifer ,Belpedio, As ist t County AUomey l\qenda !teni No. 16E8 " rebruary 10, 2009 Page 4 of 4 BOARD OF COCNTY COMMISSIONERS, COLLIER COUNTY. FLORIDA BY: DONNA FIALA, Chainnan