Backup Documents 05/14/2019 Item #16B 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 B 2
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 routinglines#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,, 6/25/19
4. BCC Office Board of County bF
Commissioners / / 6A721 1-\
5. Minutes and Records Clerk of Court's Office
,O &lnl 3 ^^-
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 Sean Callahan/De rah Forester/CRA 239-331-3 66
Contact/Department
Agenda Date Item was May 14,2019 Agenda Item Number 16B2
Approved by the BCC
Type of Document Second Lease Modification for the Bayshore Number of Original One
Attached Gateway Triangle CRA office with 3750 Documents Attached
Bayshore Drive, LLC and authorize the
Chairman to sign.
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 col , ' ever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signatu STAMP OK JAB
2. Does the document need to be sent to another agency for addition es? If yes, JAB
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 JAB
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 final 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 JAB
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 May 14,2019 and all changes made JAB /A is
during the meeting have been incorporated in the attached document. The County * optt.
Attorney's Office has reviewed the changes,if applicable. ? �
9. Initials of attorney verifying that the attached document is the version approved by the (�,�
BCC,all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
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
1682
MEMORANDUM
Date: June 28, 2019
To: Sean Callahan, Executive Director
Corporate Business Operations
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: One-year extension to the Grant Agreement between the
CRA and Davis Community Dental Health, LLC
Attached please find a copy of the agreement referenced above (Item #16B2)
approved by the Board of County Commissioners on Tuesday, May 14, 2019.
The original agreement has been held in the Minutes and Records Department
for the Board's Official Record.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
16B2
SECOND LEASE MODIFICATION
THIS LEASE MODIFICATION is made and entered into thisIday of
2019 by and between the 3570 Bayshore Drive,LLC("Landlord"),a Florida
limited lia ility company,the address of which is P.O.Box 129,Convent Station,NJ 07941-
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 C 102,Naples,FL 34112.
RECITAI.S;
WHEREAS, the parties entered into that certain Commercial Lease Agreement(the
"Lease")dated July 1,2013,a copy of which is attached hereto as Exhibit"A"and made a
part hereof;and, ,
WHEREAS,the parties entered into that certain Lease Modification, dated October
9,2019 extending the term to January 31,2019 with the ability to extend for three additional
months,a copy of Lease Modifications and Extensions are attached hereto as Exhibit"B"and
made part hereof;and
WHEREAS,all extensions have been used and Tenant has continued to occupy the
Premises as defined in the Lease on a month to month basis pursuant to Section 24 entitled
Holding Over since January 31,2019;and
WHEREAS,the Landlord desires certainty and is requiring that if Tenant intends to
continue occupancy that the Tenant further extends the term.
WHEREAS,Tenant and Landlord have agreed to further extend the lease term to July
31,2019 with three additional one-month extensions that,if exercised,would end on October
31,2019.
WHEREAS,with the exception of a 3%monthly rent increase,all other terms of the
Lease will remain the same.
NOW THEREFORE, for good and valuable consideration the parties agree as
follows:
,',°\ l'• . t 'IV
Ti)8e1f7'
16B2
I. The above and foregoing Recitals are true and correct and are incorporated herein,
2. Terms/Options to Extend Term. The term of the Lease shall be extended through
July 31,2019. Tenant may further extend the term for an additional three months(3)
months,in increments of one(1)month at a time through October 31,2019. In order
to exercise any of the three 1-month extensions,Tenant much give at least(30)days
advance written notice to Landlord of Tenant's intention to exercise the following
month's option. 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. Rent payments made through May 1, 2019 have been paid under the
Lease, as modified by Lease Modification. The rental rate beginning June 1, 2019
through October 31,2019,and as the term may be extended through July 31,2019,is
$2,403.33 per month. Rent payments are due and payable on or before the 1'of each
month beginning June 1,2019 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. The June I, 2019 rental payment shall include an
additional$350 to cover the cost of Landlord's legal costs related to this Amendment.
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
k' 2/'
1 6 B 2
law or equity.
5. Notice. The address for any notice required or permitted to be sent to Landlord
pursuant to the Lease shall he 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 t3ayshore Drive,LLC
a Florida Limited Liability Company i
Datev�'-114AufiGF
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TENANT:
COM COUNTY CO MtiNl"1'Y
REV ,( 'MENT AGE
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By: ___...
Donna Fiala.,i 'o-Chair
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Deputy Clerk 4 4,
1682
EXHIBIT
I '5
Page of ....
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 op 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.
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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 IIVAC,
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 9.T 4-10 13
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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 ��1 t--IA--J3
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( 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 attom 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
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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 banknipt 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.
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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
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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 (h) 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
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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
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EXHIBIT "C" j •
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.
(It). 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
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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.
(I) 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 Q G-fd-13
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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.
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 •
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EXHIBIT "C"
AS TO LANDLORD: 3570 BAYSHORE DRIVE,LLC
By: TA w t
Witness(Signature) J ES TURRI,MANAGING MEMBER
(Print Na )
C' ,e_& OAS-D(1)
Witness(Signatur
(Print e)
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing instrument was acknowledged before me on this /O day of N, jA1)4
2013 by James Turri,mana ing member of 3570 Bayshore Drive,LLC,who is personally known
to me or who has provided r 'mac.L.Ce6(type of identification)as identification,
A--
Notary Public
My commission Expires: 01 jG I,g
Kathleen Hom'fedt
Notary Public
New
/40 +Mssion fxpiree 2 18
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A
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EXHIBIT "C"
AS TO TENANT:
ATTEST: COLLIER COUNTY COMMUNITY
DWIGHT E.BROCK, Clerk REDEVELOPMENT AGENCY
Ii
By: 1 ` tt`"'-`•Y By: ( ��-,,--�--' 7/3I f
@St 0 ,.`"%,.n S TIM NANCE,CHAIRMAN j
si n4thre ofl y
A l�y!ed"as to_ rlrf`and legality:
' ' ' ° ' ''4
4
.,
Scott R‘, e,'F j,,a`'
Deputy County Attorney
I
Page 13 of 13 Initials and Date ^ i b"' 13
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EXHIBIT __ IL-
Page of t
LEASE MODIFICATION
�,d
THIS LEASE MODIFICATION is made and entered into this�_,,,,_day u 444A,2018b Y
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(arkfa 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 it 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 end 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. Tenn/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
arid 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 52,333.33 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 al the address first set forth above. At Landlords option, Tenant may be
required to pay rental payments via ACH or other electronic payment transfer
16B2
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.Tenentagrees that avail 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.
G. All other terms and conditions of the Lease not specifically modified herein remain In full force and
effect as if the same wore set out here in full.
Dated the day and year first sot forth above.
LANDLORD:
3570 Bayshore Drive.LLC
a Florida limited liability company
BY: \{N- �•f�la, 1A ✓ e�,2,��a'
TENANT: COLLI COUNTY COMM NITY
REDS OPMENT AGEN
Dated:
BY:
DONNA FIALA, CHAIRMAN
ATTEST' ••,
Crystal K.Kini&L Clerk
BY: , • 4
Attest as' Chairmans De Cio
..
signature only.
Approved as to form and le lily:
ier'iniAssistant Belpedio
County Attorney
\d L
1682
, 62aatti..4/3", 134,0,11,
Bayshore Gateway Triangle CRA•Bayshore Beautification MSTU
Haldeman Creek MSTU
February 25,2019
Via Email and US Mail to:
Nevzat Avci
VP/Manager
3570 Bayshore Drive, LLC
P.O. Box 129
Convent Station, New Jersey 07961-0129
RE: 3750 Bayshore Drive Lease Modification
Dear Mr.Avci:
We would like to extend our lease at 3750 Bayshore Drive until April 30, 2019 exercising the third of the
three months extensions. Please let me know if you have any questions. I would also appreciate
confirmation on receiving this notice.
Thank you.
Sincerely,
Debrah Forester,AICP
Collier County CRA Director
Cc:Christie L.Wohlbrandt, Esq.
Bayshore CRA Offices: 3570 Bayshore Drive, Unit 102,Naples,Florida 34112
Phone: 239-643-1115
Online: www.bayshorecra.com
1682
r
Bayshorc Gateway Triangle CRA.Bayshorc Beautification MSTU
Haldeman Creek MSTU
January 28, 2019
Via Email and US Mail to:
Nevzat Avci
VP/Manager
3570 Bayshore Drive, LLC
P.O. Box 129
Convent Station, New Jersey 07981-0129
RE:3750 Bayshore Drive Lease Modification
Dear Mr.Avci:
We would like to extend our lease at 3750 Bayshore Drive until March 31, 2019 exercising the second of
the three months extensions. Please let me know if you have any questions.
Thank you.
Sincerely,
j)e\iyrdINs.,„
Debrah Forester,AICP
Collier County CRA Director
Cc: Christie L.Wohlbrandt, Esq.
Bayshore CRA Offices: 3570 Bayshore Drive, Unit 102,Naples, Florida 34112
Phone: 239-643-1115
Online: www.bayshorecra.com