Backup Documents 04/28/2020 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 1 b C 3
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney e 5g. 6
2. BCC Office Board of CountyS l
Commissioners (�
3. Minutes and Records Clerk of Court's Office/2D
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 Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was April 28,2020 Agenda Item Number 16 C 3
Approved by the BCC
Type of Document Amendment No.2 Number of Original 1
Attached Documents Attached
PO number or account
number if,document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? SN,ono„"`,P ON/A
2. Does the document need to be sent to another agency for additional signatures? If es N/A
provide the Contact Information(Name;Agency;Address; Phone)on a
3. Original document has been signed/initialed for legal sufficiency. (All .. s - s •-
signed by the Chairman,with the exception of most letters,must be reviewed and signed MD_,
by the Office of the County Attorney. t�"�-
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
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 N/A
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 MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 4-28-2020,and all changes made during MD N/A`is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the /A is not
BCC, all changes directed by the BCC have been made,and the document is ready for the • option for
Chairman's signature. *4141e-
1:
sline:l: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
16C3
„
4,F-* Memorandum
l F<OPIDP
To: Minutes and Records
Clerk to the Board
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: April 29, 2020
Subject: Amendment No. 2 to Lease Agreement — South Florida Water
Management District
BCC Date: April 28, 2020
BCC Item: 16 C 3
Please attest and return the original to me for further processing.
Since the County is the tenant, the landlord is requesting that the County execute
first. Once fully executed, I will provide you with a fully executed copy for your
records.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
6
MEMORANDUM 1 C3
Date: May 8, 2020
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: Second Amendment to Lease Agreement w/South Florida Water
Management District
Attached is an original of the document referenced above (Item #16C3), approved
by the Board of County Commissioners on Tuesday, April 28, 2020.
Please return the original back to the Board's Minutes & Records Department for
the Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
"'c 1603
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
. �o
AMENDMENT
4600003056-A02
AMENDMENT NO. 02
TO LEASE AGREEMENT NO. 4600003056
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
This AMENDMENT NO. 02, is entered into on to that Lease
Agreement having an effective date of June 1, 2014, and as amended on May 20, 2019
(Amendment 01), between "the Parties," the South Florida Water Management District, a
governmental entity created pursuant to Chapter 373 Florida Statutes (DISTRICT), and Collier
County, a political subdivision of the State of Florida(COUNTY).
Background
1. The Governing Board of the District, at its May 14, 2014 meeting, approved
entering into this Lease Agreement with the Parties for a five(5)year lease of a portion of the Big
Cypress Basin Service Center.
2. The term of the Lease Agreement is five (5) years with three one-year renewal
periods to be exercised at the option of the DISTRICT.
3. The Parties amended the Lease Agreement to extend the period of performance
(Amendment 01), of the Lease Agreement.
4. The Parties wish to amend the Lease Agreement to extend the period of
performance, revise the annual rental amount, and amend the Terms and Conditions of the Lease
Agreement.
Terms and Conditions
5. The term of the Lease Agreement is hereby extended by 365 days and the expiration date,
as amended, is May 31, 2021. Regardless of the actual date of execution, this AMENDMENT
NO. 02 shall be effective as of June 1, 2020.
Page I of 3,Amendment No.02 to Lease Agreement No.4600003056
PSP MSHa 1
°pc �y C 3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT(V'
AMENDMENT
6. This AMENDMENT NO. 02 shall be at no additional cost to the DISTRICT.
7. The annual rent amount is also hereby revised as follows:
Year One (June 1,2014—May 31,2015): $64,130.00 or$5,344.17 per month
Year Two (June 1,2015—May 31,2016): $65,733.25 or$5,477.77 per month
Year Three (June 1,2016—May 31,2017): $67,376.58 or$5,614.72 per month
Year Four (June 1,2017—May 13,2018): $69,061.00 or$5,755.08 per month
Year Five (June 1,2018—May 31,2019): $70,787.52 or$5,898.96 per month
Year Six (June 1,2019—May 31,2020): $72,557.21 or$6,046.44 per month
Year Seven (June 1,2020—May 31,2021): $74,371.14 or$6,197.59 per month
Total Seven(7)Year Lease: $484,016.70
8. Paragraph 17 is hereby deleted and restated as follows:
"Termination for Convenience. Either party may terminate this Lease at any time for
convenience by providing at least sixty (60) days prior written notice to the other party. Neither
party will have liability for any loss resulting from the termination including, but not limited to,
lost profits and consequential damages. In the event of termination for reasons other than the
County's default,the District will return to County a pro-rata share of any rent paid for any unused
term of the initial five (5) year Lease. Surrender. The County shall at the expiration or other
termination of this Lease remove all County's goods and effects from the Premises. County shall
deliver to the District the Premises and all keys and other fixtures in good condition. In the event
County fails to remove any of its property from the Premises, the District is hereby authorized,
without liability to County for loss or damage thereto, and at the sole risk of County, to remove
retain destroy or sell it without notice."
9. All other terms and conditions of the Lease Agreement remain unchanged.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 02 on the date first written above.
Page 2 of 3,Amendment No.02 to Lease Agreement No.4600003056
f.aiik‘ 1bC3
itip: h SOUTH FLORIDA WATER MANAGEMENT DISTRICT
° AMENDMENT
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Candida Heater,Director
Administrative Services Division
SFWMD OFFICE OF COUNSEL
APPROVED AS EGAL FOR
BY:
PRINT NA :"'T N-0414 - . SAGr
wyD
DATE: / /�RQ `- te
SFWMD PROCUREMENT.i ••:'ED
BY:
/� /
�
DAT'
(A 2477,1...
COLLIER COUNTY, FLORIDA
/V
L Q`G , _).c; -��' Al_.../tAt.e.vkibas—
.(e_p ✓- By:
• Burt L. Saunders, Chairman
Approved as to form and legality
ATFESt'
c1X _ ad CRYSTAL K.KII�rZ) CLERK
Ass lam County A�„�y �a0
�� test as to Chairman's”
siignature only.
Page 3 of 3,Amendment No.02 to Lease Agreement No.4600003056
�PtEP M.N4C ORIGINAL16C3
gP'-,\, ��',
u _ SOUTH FLORIDA WATER MANAGEMENT DISTRICT
'`s::.Ji AMENDMENT
46000030.56-A01
AMENDMENT NO. 01
TO AGREEMENT NO. 4600003056
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
. ............_........ ....
BOARD OF COUNTY COMMISIONERS, COLLIER COUNTY, FLORIDA
This AMENDMENT NO.01,is entered into on MAY ?. J 2019 o that Agreement dated
June 1, 2014, between "the Parties," the South Florida Water Management District (DISTRICT),
and Collier County Board of County Commissioners(AGENCY).
Background
1. The Governing Board of the District, at its May 14, 2014 meeting, approved
entering into this Agreement with the Parties for a five(5)year lease of a portion of the Big Cypress
Basin Service Center.
2. The term of the Agreement is five (5) years with three one-year renewal periods to
be exercised at the option of the DISTRICT.
3. The Parties wish to amend the Agreement to extend the period of performance and
revise the annual rental amount of the Agreement.
Terms and Conditions
4. The term of the Agreement is hereby extended by 365 days and the expiration date, as
amended, is May 31, 2020. Regardless of the actual date of execution, this AMENDMENT NO.
01 shall be effective as of June 1, 2019.
5. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT.
6. The annual rent amount is also hereby revised as follows:
Year One (June 1, 2014—May 31, 2015): $64,130.00 or$5,344.17 per month
Year Two (June 1,2015—May 31, 2016): $65,733.25 or$5,477.77 per month
Year Three (June 1, 2016— May 31, 2017): $67,376.58 or$5.614.72 per month
Page 1 di Amendment No.01 to Agreement No.4600003056
16C3
6 4 4k
9 ,o SOUTH FLORIDA WATER MANAGEMENT DISTRICT
sr': � av
�' -- AMENDMENT
Year Four (June 1, 2017—May 13, 2018): $69,061.00 or$5,755.08 per Hoath
Year Five (June 1, 2018—May 31, 2019): $70,787.52 or$5,898.96 per month
Year Six (June 1, 2019— May 31, 2020): $72,557.21 or$6,046.44 per month
Total Six (6)Year[,ease: $409,645.56
7. The Contract Specialist for the DISTRICT is amended to be Jose Esquivel, located at 3301
Gun Club Road, telephone number(561) 682-2119.
8. All other terms and conditions of the Agreement remain unchanged.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 01 on the date first written above.
SOUTH FLO,IDA WATER MAN GEMENT DISTRICT
By: Gt,.--Yl 0#60 ( k_ •
t t A
�:a,ndli c1.t \if0k'Gr i ! c itedr*.
_Do ..rothA Dr. dshaw,,Duce
Administrative Services Division
SFWMD PROCURE, .N ''PR•VED
By,
DATR: 2 t1
11)
BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA
-/: *z- i ?
(.........e) $:::::.) . ' '
By: • ;z . ,
William L. McDaniel,Jr.
Title: Chairman
ATTEST •
CRY. AL Iti.KINZ CLERK k Approved as to form and legality
. i.as to Chairman's Ass)stWit County AttAcy
' ;a1:11re only. cA\\ \
1r '
Page 2 of 2,Amendment No.01 to Agreement No.4600003056
111111.
ORIGINAL
16C3
Office Lease
This Lease ("Lease") is made and entered into by and between the South Florida Water
Management District (District), a government entity existing under Chapter 373, Florida Statutes, and
Collier County(County). The Effective Date of this Lease and address of the parties are provided below.
Key Terms
Lessee: Collier County Lease Term & Five(5)Years;
Expiration: May 31,2019
Three option one year
renewals
Effective Date: June 1,2014 Lease Purpose: Office Space
District Property 2660 Horseshoe Drive North Area Leased: See Exhibit A
Name& County: Suite 105
Naples, FL 34104
Collier County
Contract Number: 4600003056 Encumbrance ID: Not Applicable
Monthly Payment 1st of each month, in advance, Rent and Annual Total$337,088.35
Due Date: commencing on the date of Adjustments: See paragraph 6
execution of this Lease
Send Notices to Michael Dowling Send Notices to the SFWMD
County Project 3335 Tamiami Trail East District Project Attention: Michael Hiscock,
Manager: Naples. FL 34112-5746 Manager: General Services Section
Administrator
MichaelDowling@colliergov.nc. 3301 Gun Club Rd
West Palm Beach FL 33406
or E-mail:
nitsi,L0k.: toniJ,=o�
Send Payments to South Florida Water
the District: Management District
P.O. Box 16606
West Palm Beach, FL
33416-6606
Federal Tax ID
59-6015290
—
1. Premises. The District hereby leases to County approximately 4,840 square feet of
office space as described in Exhibit A together with the right to use in common with others, the hallways
necessary for access to the leased premises, and restrooms nearest to the leased space,(the"Premises").
2. Key Terms. The Key Terms set forth above are part of this Lease("Key Terms").
3. Exhibits. Exhibit A (Description and Site Plan of the Leased Premises) is attached to
and made a part of this Lease.
4. Lease Term. This Lease is valid for five (5) years and shall terminate on the date
indicated in the Key Terms set forth above, unless earlier terminated pursuant to other provisions of this
Page I of 9
16C3
Lease("Lease Term"). At the option of the District, this Lease may be renewed for three additional one-
year periods.
5. Use of the Premises. The County shall use the Premises for general office use only and
shall comply with all City zoning requirements. Other uses are not allowed without specific prior written
authorization from the District.
6. Rent. County shall pay rent to the District as stated below (the"Rent").
(a) Year One (June 1, 2014—May 31, 2015): $64,130.00 or$5,344.17 per month
Year Two (June I, 2015 —May 31, 2016): $65,733.25 or$5.477.77 per month
Year Three (June 1, 2016— May 31. 2017): $67,376.58 or$5,614.72 per month
Year Four (June 1, 2017— May 13, 2018): $69,061.00 or$5,755.08 per month
Year Five (June 1, 2018— May 31, 2019): $70,787.52 or$5,898.96 per month
Total Five(5)Year Lease: $337,088.35
(b) The Rent amount shown is based on 4,840 per square foot("SF"). The starting lease rate
is$13.25/SF. Each subsequent year shall be escalated by 2.5%.
(c) The Rent is payable in monthly installments, in advance, on the first day of each month.
If the parties elect to begin the lease sooner than June I, 2014 or if the lease ends on a day other than the
first or last day of a calendar month, the installment of Rent payable on the first day of the Lease Term, or
the first day of the last calendar month of the Lease Term shall be prorated for such first or last partial
year on the basis of a 365-day year. County will pay all Rent without set-off, deduction, counterclaim or
demand to the District at its address set forth in the Key Terms. County shall address rent payments and
maintenance questions to the District as set forth in the Notice section of the Key Terms on page 1 of this
I,ease.
(d) Prior to the expiration of the Lease term and prior to the expiration of any Lease
extensions, the County may request an extension of the term of this Lease by providing written notice to
the District not less than six (6) months prior to the expiration of the Lease or any Lease
extensions. Upon the receipt of such written notice, District shall have the right, in its sole and absolute
discretion, to approve or reject County's request for an extension of the Lease. In the event the District
approves County's request for an extension, District will provide written notice to County of such
approval, including the rental amount for the extension. County shall than have ten (10) days from the
date of District's approval notice to provide written notice to District of its acceptance or rejection of the
terms of the extension. In the event County accepts the extension and the corresponding rent, the parties
shall execute an extension of this Lease on or before the expiration of the current term. All other terms
and conditions of this Lease shall remain in full force and effect throughout any and all extensions of this
Lease unless modified through the executed Lease extension.
(e) Late Charge. If rent or any other sum payable hereunder remains outstanding for a
period of ten (10)days,the County shall pay to the District a late charge equal to one and one-half percent
(1.5%)of the amount due for each month or portion thereof during which the arrearage continues.
7. Services and other items provided under the Lease. In consideration of Rent paid by
the County the District will provide the following items.
(a) The District will maintain the exterior of the Premises in the same manner it provides for
the other buildings on site owned by the District.
Page 2 of 9
16C3
(b) The District will pay for water and sewer services for the Premises.
(c) Common Area Maintenance (CAM) fees including garbage collection shall be paid by
the District.
(d) Parking is provided for both personal and county-owned vehicles at the County's own
risk. The County may not store any other vehicles, equipment or boats in the parking lot. The District
assumes no responsibility for the safety or security of any vehicles or for County staff or visitors.
8. Items not provided under the Lease. The District will not provide the following items
and they are the County's responsibility.
(a) The County is responsible for gas, heat, light. power.telephone and any other utilities and
services it requires.
(b) The County is responsible for obtaining any janitorial services, other cleaning services,
and pest control services it may need.
(c) The County is responsible for all interior maintenance, repairs or improvements it
requires.
(d) The County is responsible for safety, security and insurance of its property, employees,
visitors and invitees. The District assumes no responsibility for the safety or security of any vehicles or
County staff, visitors,or invitees.
9. Alterations and Improvements.
(a) The County shall not make any alterations, additions or improvements to the premises
without written consent of the District. Such alterations, additions or improvements shall be made at the
sole expense of the County and must be executed in accordance with applicable building codes and local
regulations.
(b) At the conclusion of the Lease, all improvements will become the property of the District
except those fixtures which are removable without damage whatsoever to the building that the County
may take with them. The District will not pay the County for any improvements.
(c) If the District terminates this lease for convenience during the initial 5 year lease term.
the District will pay the County up to $15,000 for the pro-rata cost of the improvements for the remaining
term of the lease. The District will only pay for those improvements for which the County provides proof
of the cost. For example, if the District terminates the lease after Year 1, and the County' provides proof
that it spent $10,000 on improvements, the District will pay the County $8,000. The District will not pay
the County for improvements if the District terminates the lease for cause or if the County terminates the
lease for any reason.
10. Maintenance. The Count} acknowledges that the Premises are in good condition at the
beginning of this lease and shall maintain the Premises in good order and condition at its sole cost and
expense. All maintenance and repairs of the Premises shall be done in a good and workmanlike manner
and to the satisfaction of the District. The County shall maintain and repair, at its sole cost and expense,
plumbing, electrical. HVAC and other systems within the demised Premises as required to keep the
Premises in good working order and condition. The County shall keep the leased property clean and free
Page 3 of 9
16 C3
of debris and shall provide adequate security to reasonably prevent vandalism, unauthorized entry and
damage to the property.
11. Signage. No signs shall be placed on the property without specific prior written
authorization from the District. The County must obtain any and all permits and approvals for signs as
required by the City of Naples and other applicable regulatory agencies. The cost of fabricating,
constructing and/or erecting signage shall be the sole responsibility of the County.
12. District's Access. The District or its agent may enter the leased premises at any
reasonable time for the purpose of examining the Premises or for making any other repairs the District
determines is necessary for the safety and preservation of the Premises.
13. Notice. All formal notices between the parties under this Lease must be in writing and
will be deemed received if sent by U.S. mail, electronic mail, or overnight delivery, or for cure and
default notices by certified mail, to the respective addresses stated in the Key Terms on page I of this
Lease. All notices under this Lease shall be considered delivered upon receipt. If either party changes its
address, it must send written notice of its new address to the other party. County must reference the
District's Contract Number specified in the Key Terms on page 1 of this Lease on all notices to the
District. The parties shall direct all matters arising in connection with the performance of this Lease,
other than payments to the attention of the respective Project Managers specified in the Key Terms on
page 1 of this Lease. The Project Managers will coordinate and oversee all matters relating to the
performance of this Lease. County shall submit all payments to the address stated on page 1 of this
Lease.
14. Compliance with Laws. County, its employees, subcontractors, and assigns shall
comply with all applicable federal, state,and local laws and regulations relating to the performance of this
Lease. County shall not allow on the leased premises or elsewhere on the District's property any
hazardous toxic, inflammable, combustible or explosive fluid, material, chemical or substance. County
must comply with requirements imposed by the Americans with Disabilities Act relative to the layout of
the leased premises and any work performed by the County therein. County must obtain and pay all fees
for any and all licenses or permits required to operate their business on the premises.
15. Risk and Insurance. All personal property of any kind that may be on the Premises
during the Lease Term is at the sole risk of the County. The District is not liable to County for any loss or
damage to it. County is solely responsible for security and insurance for all personal property located in
the Premises as well as any damage or loss County causes to the District's real or personal property.
County assumes all risk of personal injury, bodily injury, wrongful death, and property damage or loss to
itself, its officers, employees, contractors, agents, and visitors unless the damage, injury, death, or loss
was caused by the District. Each party represents that it has adequate insurance coverage or is self-funded
for any losses or claims for bodily injury, personal injury, wrongful death, property damage or loss, and
workers compensation. The County shall require all its contractors: 1) to obtain comprehensive general
liability insurance and auto liability insurance with minimum limits of coverage in the amount of
$2,000,000 per occurrence, bodily and property damage combined, 2) list the District as additional
insured, and 3) indemnify and hold the District harmless from all damages arising in connection with this
Lease.
16. Damage to Premises. The County must, in the case of fire or water damage of any kind,
give immediate notice to the District. In the event the premises herein should be so damaged that the
District must make extensive repairs or rebuild the premises,all occupancy shall cease.
Page 4 of 9
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17. Termination for Convenience. Either party, may terminate this Lease at any time for
convenience by providing at least six(6)months prior written notice to the other party. Neither party will
have liability for any loss resulting from the termination including, but not limited to, lost profits and
consequential damages. In the event of termination for reasons other than the County's default, the
District will return to County a pro-rata share of any rent paid for any unused term of the initial five (5)
year Lease. Surrender. The County shall at the expiration or other termination of this lease remove all
County's goods and effects from the Premises, including all signs and lettering affixed or painted by the
County, either inside or outside the Premises. County shall deliver to the District the Premises and all
keys and other fixtures in good condition. In the event County fails to remove any of its property from
the Premises, the District is hereby authorized, without liability to County for loss or damage thereto, and
at the sole risk of County, to remove. retain, destroy,or sell it without notice.
18. Condition of the Premises. The Premises are leased in its "As Is, Where Is, and With
All Faults" condition. County has examined the Premises to its complete and total satisfaction and
accepts it in its present condition and is satisfied that it can use it for County's purposes. The District
makes no representations or warranties to County about the condition or potential use of the Property'.
19. Radon Gas. Florida Statute Section 404.056(5) requires the following notice in all rental
agreements for any building. 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 health
department.
20. Force Majeure. In the event that the District is prevented or delayed from performing
any other covenant hereunder by reason of any cause reasonably beyond the control of the District, the
District shall not be liable to the County therefor, nor, except as expressly otherwise provided in case of
casualty or taking. shall the County be entitled to any' abatement or reduction of rent by reason thereof,
nor shall the same give rise to a claim by the Countythat such failure constitutes actual or constructive
eviction from the leased premises or any' part thereof.
21. No Discrimination. County and its agents will not discriminate against any person on
the grounds of race, color, creed, national origin, handicap,g d cap,age, or sex in any activity under this Lease.
22. Applicable Laws. The laws of the State of Florida shall govern all aspects of this Lease.
In the event it is necessary for either party' to initiate legal action regarding this Lease, venue shall be in
the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any
claims which are justiciable in federal court.
23. The County shall maintain records and the District shall have inspection and audit rights
below. The County shall similarly require each subcontractor to maintain and allow access to such
records for audit purposes:
(a) Maintenance of Records: The County shall maintain all financial and non-financial
records and reports directly' or indirectly' related to the negotiation or performance of this Lease including
supporting documentation for any service rates, expenses. research or reports. Such records shall he
maintained and made available for inspection for a period of five(5)years from the expiration date of this
Lease.
(b) Examination of Records: The District or designated agent shall have the right to examine
in accordance with generally accepted governmental auditing standards all records directly or indirectly
Page 5 of 9
16C3
related to this Lease. Such examination may be made only within five (5)years from the expiration date
of this Lease.
(c) Extended Availability of Records for Legal Disputes: In the event that the District
should become involved in a legal dispute with a third party arising from performance under this Lease,
the County shall extend the period of maintenance for all records relating to the Lease until the final
disposition of the legal dispute. All such records shall be made readily available to the District.
24. Designated Nationals and Blocked Persons. The County, by its execution of this
Lease, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants
who shall perform work which is intended to benefit the District is included on the list of Specially
Designated Nationals and Blocked Persons (SDN List) which is administered by the U.S. Department of
Treasury, Office of Foreign Assets Control. The County further understands and accepts that this Lease
shall be either void by the District or subject to immediate termination by the District, in the event there is
any misrepresentation. The District, in the event of such termination, shall not incur any liability to the
County for any work or materials furnished.
25. E-Verify. County must verify employee authorization to work in the U.S. and certify
that a good faith effort has been made to properly identify employees by timely reviewing and completing
appropriate documentation, including but not limited to the Department of Homeland Security, U.S.
Citizenship, and Immigration Services Form 1-9. Answers to questions regarding E-Verify as well as
instructions on enrollment may be found at the E-Verify website: www.uscis.gov/e-verify.
26. No Third Party Beneficiaries. This Lease is solely for the benefit of the County and the
District. No person or entity other than the County or the District shall have any rights or privileges
under this Lease in any capacity whatsoever, either as third-party beneficiary or otherwise.
27. Assignment. County must not assign. sublease, or otherwise transfer any portion of its
rights and obligations under this Lease without an amendment to this Lease. The District in its sole
discretion may either allow or refuse an assignment, transfer, or sublease. Notwithstanding such consent,
County shall remain liable to District for the payment of all Rent and for the full performance of the
covenants and conditions of this lease.
28. Waiver. No waiver of any term of this Agreement constitutes a waiver of any other
provision, whether similar or dissimilar. No waiver of any term constitutes a continuing waiver. No
waiver is binding unless signed in writing by the waiving party.
29. Severability. If any term of this Agreement is for any reason invalid or unenforceable,
the rest of the Agreement remains fully valid and enforceable.
30. Entire Agreement. This Lease constitutes the entire agreement between the parties and
supersedes all prior and contemporaneous agreement, representations, and undertaking. No supplement.
modification, or amendment of this agreement will be binding unless it is in writing and signed by both
parties.
31. Condominium Association. This Lease is subject and subordinate to all of the
provisions, covenants, and requirements of the Declaration of Restriction for Collier Park of Commerce
recorded in Official Records Book 1490, Page 1915. et seq. in the public records of Collier County as
subsequently modified and amended.
Page 6 of 9
16C3
IN WITNESS HEREOF, the said parties hereunto set their hands and seals as ofthis2. ay of
1\n . ., 2014.
South Florida Water Management District
By Its Governing Board
Attest ,v2l,! 4
PR IN T NAME: • a_CiC,L ( 4'`(ti1 1C2 ,._ ,.. - ______
Daniel O'Keefe A'
AS ITS
il SAY(cif C te.177 `1/4„,.,..,.ustltit,i
Chair �,‘"N%iI.OR,D,4 jI%
SFVVMD FI J•FC•'i .E •' •PRr ��1�+++
13 v: ei ,/ i r"-j SQ.`of iczo t�r,!:
PR1N1 NAME: ..# . A a . • i' .- /!�� --+Uaw--- �dIc.-%.
DATE: 5 .. ' T .;
SFWMD P OC't EMENT APPROVED: 3 " it
B v: Q ,4420.4 -'�' 1 SSS...... Jr,
DATE: �'.a •r y -6> ,., -'e'a'r'.`_- 0 .,z
-,�P,'ab/;shed V) �'
WITNESS LESSEE: e"tttt,,,w,.••.
As to Lessee:' ,�..
Board of County Commissioners, Collier
County, Florida
(Witne`ss Signature) By:
1-4 n, ciLSC 7.\‘1de...) Name: Tom Henning
(Witness, rinted ame)
Title: Chairman
) -.7, /
j � .c. .!' Date: Ca 't
(Witness Signature)
s z-, \) ,\\c-
(Witness Printed Name)
ATTEST:...- - Approved as to form and legality
_i1WIGHT E•BR*. K;CLERK
p\'; ' f _t, 'k. , .'i t. _
Jeffrey A. Klatzkow,County Attorney
Deputy Clerk C;
Attest as to Chairman's
signature only.
Page 7 of 9
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16C3
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-- Naples FL
Page 8 of 9 -—
1603
►,t SOUTH FLORIDA WATER MANAGEMENT DISTRICT
°"" AMENDMENT
4600003056-A02
AMENDMENT NO.02
TO LEASE AGREEMENT NO. 4600003056
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
COLLIER COUNTY, FLORIDA
This AMENDMENT NO. 02, is entered into on MAY 18,2020 to that Lease
Agreement having an effective date of June 1, 2014, and as amended on May 20, 2019
(Amendment 01), between "the Parties," the South Florida Water Management District, a
governmental entity created pursuant to Chapter 373 Florida Statutes (DISTRICT), and Collier
County, a political subdivision of the State of Florida(COUNTY).
Background
1. The Governing Board of the District, at its May 14, 2014 meeting, approved
entering into this Lease Agreement with the Parties for a five(5)year lease of a portion of the Big
Cypress Basin Service Center.
2. The term of the Lease Agreement is five (5) years with three one-year renewal
periods to be exercised at the option of the DISTRICT.
3. The Parties amended the Lease Agreement to extend the period of performance
(Amendment 01), of the Lease Agreement.
4. The Parties wish to amend the Lease Agreement to extend the period of
performance, revise the annual rental amount, and amend the Terms and Conditions of the Lease
Agreement.
Terms and Conditions
5. The term of the Lease Agreement is hereby extended by 365 days and the expiration date,
as amended, is May 31, 2021. Regardless of the actual date of execution, this AMENDMENT
NO. 02 shall be effective as of June 1, 2020.
Page I of 3,Amendment No.02 to Lease Agreement No.4600003056
V
16C3
= , SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
6. This AMENDMENT NO. 02 shall be at no additional cost to the DISTRICT.
7. The annual rent amount is also hereby revised as follows:
Year One (June 1,2014—May 31,2015): $64,130.00 or$5,344.17 per month
Year Two (June 1,2015—May 31,2016): $65,733.25 or$5,477.77 per month
Year Three (June 1,2016--May 31,2017): $67,376.58 or$5,614.72 per month
Year Four (June 1,2017—May 13,2018): $69,061.00 or$5,755.08 per month
Year Five (June 1,2018—May 31,2019): $70,787.52 or$5,898.96 per month
Year Six (June 1,2019—May 31,2020): $72,557.21 or$6,046.44 per month
Year Seven (June 1,2020—May 31,2021): $74,371.14 or$6,197.59 per month
Total Seven(7)Year Lease: $484,016.70
8. Paragraph 17 is hereby deleted and restated as follows:
"Termination for Convenience. Either party may terminate this Lease at any time for
convenience by providing at least sixty (60) days prior written notice to the other party. Neither
party will have liability for any loss resulting from the termination including, but not limited to,
lost profits and consequential damages. In the event of termination for reasons other than the
County's default,the District will return to County a pro-rata share of any rent paid for any unused
term of the initial five (5) year Lease. Surrender. The County shall at the expiration or other
termination of this Lease remove all County's goods and effects from the Premises. County shall
deliver to the District the Premises and all keys and other fixtures in good condition. In the event
County fails to remove any of its property from the Premises, the District is hereby authorized,
without liability to County for loss or damage thereto, and at the sole risk of County, to remove
retain destroy or sell it without notice."
9. All other terms and conditions of the Lease Agreement remain unchanged.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 02 on the date first written above.
Page 2 of 3,Amendment No.02 to Lease Agreement No.4600003056
G*�l
1603
pt SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By: -/ e
Candida Heater,Director
Administrative Services Division
SFWMD OFFICE OF COUNSEL
APPROVED AS EGAL FO
BY: fi1O
PRINT NA :"r1lG.M 4 .SA
DATE: �7SFWMD PROCUREMENT D
BY:
DAT . Gl(142024)
?�/ COLLIER COUNTY, FLORIDA
io
/e . L Q � J.-4J
-2--)
Cep �
Burt L. Saunders, Chairman
Approved as to form and legality ATTEST
p CRYSTAL 1C: KENTZ .CL 'RIC
Ass Aunt County • �ncy � R '
Attest as to Chairman's
signature only.
Page 3 of 3,Amendment No.02 to Lease Agreement No.4600003056
l