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Agenda 04/08/2008 Item #16D15 Agenda Item No. 16015 April 8, 2008 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve and execnte a Lease Agreement with Goodwill Indnstries of Southwest Florida, Inc. for space to accommodate the Housing and Human Services Senior Nutrition Program at the Roberts Center, located at 905 Roberts Avenue in Immokalee for at annual cost of $12,000. The cost of this rental will be paid from Older Americans Act grant funding. OBJECTIVE: To obtain approval and execution of a Lease Agreement for building space for the Senior Nutrition Program currently administered by the Housing and Human Services Department. CONSIDERATION: For many years, the Roberts Center in Immokalee has been utilized as a congregate meal site in Immokalee where seniors in the community can receive nutritious meals while socializing and participating in group activities. Participants also receive information on healthy lifestyle topics and nutrition education. In 2007, nearly 17,000 meals were served to elderly participants at the Roberts Center. ~ On January I, 2008 the Housing and Human Services Department assumed operation of the nutrition programs in Immokalee and Naples. Grant funds were awarded to hire staff, and pay for rent and other operational expenses. In order to operate the nutrition program, building space must meet the following requirements; handicap accessible, fun kitchen and restroom facilities, and be able to accommodate at least 50 participants. Because there are no other county facilities in the Immokalee area to accommodate the meal pro!,'l'am, a leased facility is necessary. The Board of County Commissioners approved the acceptance of the nutrition grant on January IS, 2008. Staff has been working with Goodwill Industries to finalize the details of the lease. Lease payments for January I, through March 31, 2008 have been held prior to full execution of the lease agreement. The Lease Agreement is effective January I, 2008 and provides for an initial lease term of one year with three (3) additional one year renewals. The first year's annual rent is $12,000. Goodwin Industries of Southwest Florida, Inc. win be responsible for an costs pertaining to janitorial services, air-conditioner maintenance, pest control, filter replacement, phone service, and electricity charges at the leased property. The Lease Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMPACT: The first year's annual rental of$12,000 will be paid in equal monthly installments of $1,000 beginning the first month of the lease. Rent win be paid from Fund 123, Cost Center 155972. No general fund donars win be used as payment for this lease. GROWTH MANAGEMENT: There is no growth management impact. LEGAL CONSIDERATION: This lease agrecment has been reviewed by the Office of the County Attorney and is sufficient for Board action. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Goodwin Industries of Southwest Florida, Iuc. and authorize the Board Chainnan to sign. -- PREPARED BY: Terri Daniels, Accounting Supervisor, Housing and Human Services Page 1 of I Agenda Item No. 16015 April 8, 2008 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16015 Recommendation to approve and execute a Lease Agreement with Goodwill Industries of Southwest Florida, Inc. for space to accommodate the Housing and Human Services Senior Nutrition Program at the Roberts Center, located at 905 Roberts Avenue in lmmokalee for an annual cost of $12,000. The cost of this rental will be paid from Older Americans Act grant funding. Meeting Date: 4/8/2008 9:0000 AM Prepared By Terri A. Daniels Grants Coordinator Date Public Services Housing & Human Services 3/21/20084:44:10 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 3/21/20086:42 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 3/25/20085:16 PM Approved By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 3/28/200812:38 PM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 3/31/20081:29 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 3/31/20087:32 PM file://C:\AQendaTest\Exnort\ 1 04-Anril%208.%202008\ 1 1i.%20C:ONSENT%20AGENDA \ 1 lim 4/2/2008 LEASE AGREEMENT Agenda Item No, 16015 April 8, 2008 Page 3 of 6 THIS LEASE AGREEMENT entered into this day of , 2008, between Goodwill Industries of Southwest Florida, Inc., a not for profit Florida corporation, whose mailing address is 4940 Bayline Drive, North Fort Myers, Florida 33917, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as fo110\\'5: ARTICLE L Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 3.000 square feet located at 905 Roberts Avenue, Immokalee. Florida 34142, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. ARTICLE 2. T enn of Lease LESSEE shall have and hold the Demised Premises for one (l) year commencing January 1,2008 and tenninating on December 31. 2008, LESSEE is granted the option, provided it is not in default of any of the tern1S of this Lease, to renew same for three (3) additional, one (l) annually, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the one (1) year renc\\'a] period then in effect. Said notice period shall commence upon placement of the \"/ritten notice in an official depository of the United States Post Office, Registered or Certified Mail. Postage Prepaid, ARTICLE 3. Rent and Other Chan~es LESSEE hereby covenants and agrees to pa,Y as hase rent for the Demised Premises the sum of One Thousand Dollars ($1,000.00) monthly. Following the end of the first full year of tenancy, the annual rental amount shall increase shall not exceed four (4) percent for each ensuing year thereafter and any renewal tenns thereof. LESSEE shall pay all janitorial, charges for electricity and telephone, maintenance and pest control pel1aining to the Demised Premises. All other charges related to the operation of the Demised Premises shall be the responsibility of the LESSOR. All rental payments shall he due payable in advance on the first day of every calendar month during the tenn hereof. ]fthe terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Modifications to Demised Premises Prior to making any other changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S 'vvritten approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along v/ith the contemplated starting and completion time for such project. LESSOR or its designee will then have (hiliy (30) days \'.,'ithin which to approve or deny in VlTiting said request for changes, improvements, alterations or additions. LESSOR shall not unreasonahly withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has heen no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of LESSEE. LESSEE covenants and a,b'Tces in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or Agenda Item No. 16015 improvements to the Demised Premises, to observe and comply with all then and future applicable lawsApril 8, 2008 ordinances, rules, regulations, and requirements of the United States of America, State of florida, County Page 4 of 6 of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises installed by LESSEE shall remain the property of LESSEE and prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, 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 of said alterations, improvements, and additions. If LESSEE does not remove those items designated by LESSOR, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 5. Assilmment and Subletting: LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the 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. However, LESSEE shall be permitted, without notice to LESSOR, to utilize the Demised Premises for any other Department within the jurisdiction of the LESSEE if the Demised Premises shall no longer be needed by the Department intended for this Lease. ARTICLE 6. lnsurance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE. ARTICLE 7. 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'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of receipt of such notice, LESSOR will cause the same to be cleaned and correLied and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 8. Default bv Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 9. Default hv 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 notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 10. Notices 2 Agenda Item No. 16015 Any notice which LESSOR or LESSEE may be required to give to the other party shall be irApril 8, 2008 writing to the other party at the following addresses: Page 5 of 6 LESSEE: Human Services Director 3301 Tamiami Trail East H/2lI Health and Public Services Bldg. Naples, Florida 34112 LESSOR: Goodwill Industries of Southwest Florida, Inc. 4940 Bayline Drive Fort Myers, Florida 339] 7 (Attention: Bob Haenggi, VP Development Services ARTICLE 11. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, in as good condition and repair as the same shall he 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 excepted. ARTICLE 12. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to rerrain ITom any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. LESSEE covenants and agrees not to use, occupy, suffer or pemlit said Demised Premises or any part thereof to he used or occupied for any purpose contrmy to law or the rules or regulations of any public authority. ARTICLE 13, Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the ioilov.'ing: 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 infOlmation regarding radon and radon testing may be obtained from Collier County Public Health Department. ARTICLE 14, Effective Date This Lease A.greement shall become effective upon execution hy hoth LESSOR and LESSEE. ARTICLE 15. Governing L,w This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITJ\ESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DA TED: ATTEST: BY: BY: TOM HENNING. CHAIRMAN 4/OR/200R AS TO THE LESSOR: 3 DATED: ATTEST: WITNESS (signature) Print Name WITNESS (signature) Print Name Approved as to form and legal sufficiency: Agenda Item No. 16015 April 8, 2008 GOODWILL INDUSTRIES OF SOUTHWEST, Page 6 of 6 FLORIDA, INC., a not for profit Florida corporation BY: (print name and title of officer) 4