Loading...
Backup Documents 06/09/2020 Item #16E1ORIGINAL DOCUMENT'S CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO b C 1 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines # I 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 thrnnc nh rnntino nP, 91 tt,r ,. t, a� e,e „„I - - - --• Route to Addressees (List in routing order) _ .......L2.. , �, ��......� �,.. al1U LVL Office W W U LV LIM l_Uulny Initials LLUTTICY vmce. Date 1. County Attorney Office County Attorney 2. BCC Office Board of County r Commissioners S To 3. Minutes and Records Clerk of Court's Office qc� bllaf R w %a -1 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 nr miccinn information Name of Primary Staff Michael Dowling Phone Number 8743 Contact / Department Agenda Date Item was June 9, 2020 Agenda Item Number 16 E 1 Approved by the BCC Type of Document Second Amendment to Lease Agreement Number of Original 1 Attached Naples HMA LLC d/b/a Physicians Reg. Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHFCKI,iST 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? N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A 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 signed by the Chairman, with the exception of most letters, must be reviewed and signed MD by the Office of the County Attorney. 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 si nature 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 _4-10-2018 , and all changes MD i made during the meeting have been incorporated in the attached document. The County Attorne 's Office has reviewed the changes, if applicable. "s 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 1 i/30/12 1bE1 �+ Memorandum �J(• `; To: Jessica Hayes Legal Assistant Office of the County Attorney From: Michael Dowling Vz) Senior Property Management Specialist Real Property Management Date: June 11, 2020 Subject: Second Amendment to Lease Agreement with HMA LLC d/b/a Physicians Regional BCC Date: June 9, 2020 BCC Item: 16 E 1 Attached please find the referenced document which requires the Chairman's stamped signature. Since the County is the tenant, the landlord is requesting the County's execution first. I have also attached a memo to Minutes and Records. Please contact me at extension 8743 with any questions. Thank you and regards, Attachments as stated 16E1 To: Minutes and Records Clerk to the Board Memorandum From: Michael Dowling ��- Senior Property NILgement Specialist Real Property Management Date: June 10, 2020 Subject: Second Amendment to Lease Agreement with HMA LLC d/b/a Physicians Regional BCC Date: June 9, 2020 BCC Item: 16 E 1 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 MEMORANDUM Date: June 12, 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/Naples HMA LLC 16E1 Attached is an original of the document referenced above (Item #16E1), approved by the Board of County Commissioners on Tuesday, June 9, 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 Noro: ✓1W handxwhitn a k�et5+8aie0 tbanpos wdd ove>»do ma prhrted learn/M>Is doamerit. SECOND AMENDMENT TO LEASE AGREEMENT 16E1 774 d Kwmif k- mt of ecft orUrm6p wkss eppmVedDyeapa"sAMDhow This Amendment to Lease Agreement, the "Lease", by and between Naples HMA, LLC d/b/a Physicians Regional Medical Center - Collier (Landlord), and Collier County (Tenant), Is executed as of the dates below the parties' respective signatures but is effective as of May 1, 2020, (the 'Effective Date'), WITNESSETH: WHEREAS, on May 1, 2014, the parties hereto entered into the Lease, as amended by First Amendment dated May 1, 2018, pursuant to the terms and conditions of which Landlord agreed to lease to Tenant eppmximately 616 square feet of rentable space in that certain office building located at 8300 Collier Boulevard, Naples, FL 34114, for suite WA. NOW, THEREFORE, in consideration of the premises set forth herein and other good and valuable consideration, the receipt and total sufficiency of which are hereby acknowledged, Landlord and Tenant agree to modify the Lease as follows: (A) Square Footage Adjustment. Landlord and Tenant acknowledge that the building has been remeasurecl, therefore effective May 1, 2020, the square footage of the leased premises is amended herein from 616 square Feet to 708 Rentable Square Feet. (8) Term of Lease. Article 2, Term of Lease, is amended to extend the Term of this Lease (the "Extended Term"), for a period of approximately twelve (12) months, commencing on May 1, 2020, (the "Extended Term Commencement Date") and expiring on April 30, 2021 (the 'Extended Term Expiration Date, Lease Year 7Is May 1, 2020 -April 30, 2021, (C) Base Rent. Article 3, Rent, of the Lease is amended to add Base Rent Payments for Year 7: Lease Year 7: s1.932,25 monthly bese_ rent payment plus aDrOicable Florida Sales Tax f$32.75/sf of the Demised Premises).- (D) Termination Option. Landlord or Tenant shall have the limited right to terminate this Lease by delivering written notice to the other party not less than thirty (30) days prior to the desired termination date, Tenant's limited right to terminate is conditioned upon satisfaction of the following: (I) Tenant is not in defaull under the terns and conditions of the Lease, at the time the required notice is delivered to Landlord or at any time prior to the actual termination of the Lease, and (ir) Payment of all Base Rental and all other amounts owed by Tenant under the Lease, up to and Including the termination date, has been received by Landlord. If the lease is terminated within the first year of the tern, the parties may not enter Into another Lease agreement for the same space until the expiration of the first year of this Lease. (E) Compliance Provisions. The parties to this Agreement certify they shall not violate the Anti -Kickback Statute and/or the Stark Law with respect to the performance of the Agreement. Each party who meets the definition of Relevant Arrangements Covered Person (defined below) has completed within the past year, or will complete within a year of the date of execution of this agreement, one hour of training regarding the Anti -Kickback Statute and the Stark Law that includes examples of arrangements that potentially implicate the And -Kickback Statute and/or the Stark Law. Relevant Arrangements Covered Person Is defined as any person involved in the negotiation, preparation, review, maintenance, and approval of payments for Focus Arrangements involving any CHSPSC, LLC hospital affiliate, Focus Arrangement is any arrangement that: () is between CHSPSC, LLC or a CHSPSC, LLC hospital affiliate and any actual Source of Healthcare Business or Referrals to the CHSPSC, LLC hospital affiliate and involves, directly or indirectly, the offer, payment, or provision of anything of value; or 01) is between CHSPSC, LLC or a CHSPSC, LLC hospital affiliate and a Physician or a Physician's Family Member who makes a referral (as defined at 42 U.S.C. § 1395nn(h)(5)) to a CHSPSC, LLC hospital for designated health services (as defined at 42 U.S.C. § 1395nn(h)(6)). Physician is defined as an M.D., D.O., O.D., D.C., dentist, medical intern, resident, fellow or group practice, or ANY entity with which a Physician or a Physician Family Member has a financial relationship or interest, whether by ownership, Investment. or by compensation. Physician Family Members include husband, wife, birth or adoptive parent, child or sibling, stepparent, stepchild, stepbrother or stepsister, father-in-law, mother-in-law, son-in-law, daughter -In-law, brother-in-law, sister-in-law, grandparent, grandchild, and spouse of a grandparent or grandchild of a Physician. Source of Healthcare Business or Referrals means any Individual or entity that refers, recommends, arranges for, orders, leases, or purchases any good, facility, item, or service for which payment may be made in whole or in part by a Federal health care program. 0 16E1 The one hour Antl-Kickback Statute and Stark Law training may be completed through the party's internal training program or through completion of training at the following link: httpJAwiw.chs.net/company-overviewicomplianoe/. The CHSPSC, LLC Code of Conduct and Fraud and Abuse Policy are also available at this link. Continuing Effect. Other than the addition of this amendment, the Lease, dated May 1, 2014, by and between the parties hereto, shall remain valid, binding and in effect In its entirety with no other changes to terms or conditions of the lease. IN WITNESS WHEREOF, the parties have executed this Amendment to be effective on the Effective Date, TENANT: Collier County Authorized Signatory Date Name: Burt L. Saunders Chairman WITNESS: By: Nome: , By: Name: �1........' yA :� AUe".1�haimun's ;tal�i�Sniy. LANDLORD: Naples HMA, LLC d/b/a Physicians Regional Medical Center C�l /°By: b /(8. Aut orl ed ory a e i Name: I WITNESS: By CILnit U.Mg, lid[+ Q(y I. a t. No Qpa On -- LA j 'I Name: e1.1 REVIEWED AND APPROVED: By. Rea ES a • , cWS id Approved as to form and legality �. 1 1 saaant Coun lorncy 0 960 5� 041 16EI EXHIBIT A The Demised Premises Exclusive Space 616 USF r7U8 RSF1 u e 7 11721789.1 12 16EI Teresa L. Cannon From: DowlingMichael <Michael.Dowling@colliercountyfl.gov> Sent: Tuesday, July 7, 2020 10:48 AM To: Teresa L. Cannon Subject: Physicians Regional Naples HMA LLC Attachments: Fully Executed 2nd Amendment -1414-Collier County.pdf Hi Teresa, Due to Covid-19, the landlord has only provided an electronic copy, which is attached, of the fully executed amendment for item 16 E 1 on June 9, 2020. Will this be ok for your files? Please let me know. Thank you and regards, Michael Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. I6E1 Nora: No &W;*rliten or k*&W&ed d-pas off %*nw m pkMed Iexrafft doamaar. SECOND AMENDMENT TO LEASE AGREEMENT TW dlxanrie 4 k not e98CM V p W*ss This Amendment to Lease Agreement, the 'Lease", by and between Naples HMA, LLC d/b/a Physicians Regional Medical Center - Collier (Landlord), and Collier County (Tenant), is executed as of the dates below the parties' respective signatures but is effective as of May 1, 2020, (the 'Effective Date'). WITNESSETH: WHEREAS, on May 1, 2014, the parties hereto entered into the Lease, as amended by First Amendment dated May 1, 2018, pursuant to the terms and conditions of which Landlord agreed to lease to Tenant approximately 616 square feet of rentabie space in that certain office building located at 8300 Collier Boulevard, Naples, FL 34114, for suite N/A. NOW, THEREFORE, in consideration of the premises set forth herein and other good and valuable consideration, the receipt and total sufficiency of which are hereby acknowledged, Landlord and Tenant agree to modify the Lease as follows: (A) Square Footage Adjustment. Landlord and Tenant aclkncWedge that the building has been remeasured, therefore effective May ?, 2020, the square footage of the leased premises is amended 'herein from 616 Square Feet to 708 Rentable Square Feet. (8) Term of Lease. Article 2, Term of Lease, is amended to extend the Term of this Lease (the 'Extended Term'), for a period of approximately twelve (12) months, commencing on May 1, 2020, (the "Extended Term Commencement Date') and expiring on April 30, 2021 (the 'Extended Term Expiration Datel. Lease Year 7 is May 1, 2020 - April 30, 2021. (C) Base Rent. Article 3, Rent, of the Leese is amended to add Base Rent Payments for Year 7: Lease Year 7: $1.932,25 month[.. base rent payment plus applicable Florida Sales Tax f$32.75/sf of the Demised Premises). (D) Termination Option. Landlord or Tenant shall have the limited right to terminate this Lease by delivering written notice to the other party not less than thirty (30) days prior to the desired termination date. Tenant's limited right to terminate is conditioned upon satisfaction of the following: () Tenant is not in default under the terms and conditions of the Lease, at the time the required notice is delivered to Landlord or at any time prior to the actual termination of the Lease, and () Payment of all Base Rental and all other amounts owed by Tenant under the Lease, up to and including the termination date, has been received by Landlord. If the lease is terminated within the first year of the term, the parties may not enter into another Lease agreement for the same space until the expiration of the first year of this Lease. (E) Compliance Provisions. The parties to this Agreement certify they shall not violate the Anti-Klckbac k Statute and/or the Stark Law with respect to the performance of the Agreement. Each party who meets the definition of Relevant Arrangements Covered Person (defined below) has completed within the past year, or will complete within a year of the date of execution of this agreement, one hour of training regarding the Anti -Kickback Statute and the Stark Law that includes examples of arrangements that potentially implicate the Anti -Kickback Statute andlor the Stark Law. Relevant Arrangements Covered Person Is defined as any person involved in the negotiation, preparation, review, maintenance, and approval of payments for Focus Arrangements involving any CHSPSC, LLC hospital affiliate, Focus Arrangement is any arrangement that: () is between CHSPSC, LLC or a CHSPSC, LLC hospital affiliate and any actual Source of Healthcare Business or Referrals to the CHSPSC, LLC hospital affiliate and involves, directly or indirectly, the offer, payment, or provision of anything of value; or 01) is between CHSPSC, LLC or a CHSPSC, LLC hospital affiliate and a Physician or a Physician's Family Member who makes a referral (as defined at 42 U.S.C. § 1395nn(h)(5)) to a CHSPSC, LLC hospital for designated health services (as defined at 42 U.S.C. § 1395nn(h)(6)). Physician is defined as an M.D., D.O., Q.D., D.C., dentist, medical intern, resident, fellow or group practice, or ANY entity with which a Physician or a Physkdan Family Member has a financial relationship or interest, whether by ownership, Investment, or by compensation. Physician Family Members include husband, wife, birth or adoptive parent, child or sibling, stepparent, stepchild, stepbrother or stepsister, father-in-law, mother-in-law, son-in4aw, daughter -In-law, brother-in-law, sister-in-law, grandparent, grandchild, and spouse of a grandparent or grandchild of a Physician. Source of Healthcare Business or Referrals means any individual or entity that refers, recommends, arranges for, orders, leases, or purchases any good, facility, item, or service for which payment may be made in whole or In part by a Federal health care program. a 16EI The one hour And -Kickback Statute and Stark Law training may be completed through the party's internal training program or through completion of training at the following link: httpJAwrw.chs.net/company-overview/Complianoe/. The CHSPSC, LLC Code of Conduct and Fraud and Abuse Policy are also available at this link. C_ontinuina Effect. Other than the addition of this amendment, the Lease, dated May 1, 2014, by and between the parties hereto, shall remain valid, binding and in effect In its entirety with no other changes to terms or conditions of the lease. IN WITNESS WHEREOF, the parties have executed this Amendment to be effective on the Effective Date. TENANT: Collier County By: Authorized Signatory Date Name: Burt L. Saunders Chairman WITNESS: By: Name: By: _ Name: • -� )iftiK. 7 ,CLERK yam• •- WIQ •+� • • Attesj�ls. ,�1181ttru0'S �V4 . Nil v ; `.sigh- N LANDLORD: Naples HMA, LLC d/b/a Physicians Regional Medical Center - I CiAler- By: Aulhorliild ftalftry I�_ Date !Jame: S t WITNESS: A ,. By: t� rv�U _ 1t 1LY.LAIi.�A ties By. _ b LA Nall, me7,Je, u IPC—V— D REVIEWED AND APPROVED: By. ` _ 4Rea Estate, C SC l Approved as to form and legality ,.iaant Count tomry 0 11721789.3 EXHIBIT A The Demised Premises Exclusive Space 616 USF (708 RSF] 1. it T 7 TY 4 y "^►!-J .OZ AUTO �i D00111lii wl r ` J c�_ p�p"or�� �IFJdG ` @� s •, � n. 12 16EI