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Agenda 07/14/2020 Item #16C 2 (Resolution - Long Term Lease w/SNIP Collier Inc. in Immokalee)07/14/2020 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and to approve a Collier County Standard Form Long- Term Lease Not-For-Profit Entity with SNIP Collier Inc., for use of the former DAS shelter in Immokalee. OBJECTIVE: To allow SNIP Collier Inc., utilize county-owned property in Immokalee to operate a clinic for domestic animals. CONSIDERATIONS: Following the County’s decision to consolidate its Immokalee DAS shelter facility into the Naples DAS facility, the founder of SNIP Collier Inc. (SNIP), Tom Kepp, discussed the need for a low-cost domestic animal clinic for the Immokalee area. County staff was agreeable, and Mr. Kepp requested the use of the former Immokalee DAS facility to operate a low-cost health clinic providing vaccinations, spay and neuter services as well as an intake for animals legally relinquished by their owner. Pets will not be sold or adopted at this facility. The attached Collier County Standard Form Long-Term Lease Not-For-Profit Entity (Lease) which contains provisions that are standard for all the County’s not-for-profit tenants. Examples of the standard provisions include, but are not limited to: a thirty-year lease term; annual rent of one dollar; approval of proposed uses of the property; obligations of tenant and landlord; and required insurance provisions. SNIP will solely be responsible for all costs associated with the clinic’s operation and the maintenance of the building. The County shall have no responsibility for costs associated with Lessee’s use of the property or its operation. The Lease includes a provision for the County to terminate the lease should SNIP not operate under the uses approved within the Lease, and should SNIP cease operating at the Premises for a sixty-day period. Though SNIP is accepting the property 'as-is,' staff prepared and provided an Inspection Report pointing out the building's deficiencies that will be the tenant's responsibility to remedy. SNIP also understands that there may be other legal non -conformities that may have to be remedied before any new improvements are made in order to bring all issues to current code. FISCAL IMPACT: The annual rent of One Dollar shall be deposited into Domestic Animal Services Cost Center (001-155410). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATION: The proposed Lease and Resolution meets the requirements of Chapter 125.38, Florida Statutes, related to the lease of county property to a not for profit for a nominal price regardless of the actual value of the property. As such, this item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: That the Board adopts the Resolution and approves the Collier County Standard Form Long-Term Lease Not-For-Profit Entity with SNIP Collier Inc., and authorizes the Chairman to execute both documents. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Department ATTACHMENT(S) 1. SNIP Agreement Executed by Lessee (PDF) 2. SNIP Resolution CAO June 10, 2020 (PDF) 3. Immokalee DAS Overview Inspection (PDF) 16.C.2 Packet Pg. 1507 07/14/2020 16.C.2 Packet Pg. 1508 07/14/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 12582 Item Summary: Recommendation to adopt a Resolution and to approve a Collier County Standard Form Long-Term Lease Not-For-Profit Entity with SNIP Collier Inc., for use of the former DAS shelter in Immokalee. Meeting Date: 07/14/2020 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 06/10/2020 1:47 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 06/10/2020 1:47 PM Approved By: Review: Public Utilities Department Dan Rodriguez Additional Reviewer Completed 06/12/2020 1:16 PM Facilities Management Damon Grant Director - Facilities Completed 06/15/2020 11:22 AM Public Services Department Steve Carnell Additional Reviewer Completed 06/16/2020 9:23 AM Domestic Animal Services Darcy Andrade Additional Reviewer Completed 06/16/2020 1:30 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/23/2020 9:03 AM Facilities Management Toni Mott Additional Reviewer Completed 06/23/2020 5:05 PM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 06/24/2020 9:35 AM Public Utilities Department Drew Cody Level 2 Division Administrator Review Skipped 06/15/2020 4:08 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 06/25/2020 2:42 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 06/25/2020 3:11 PM Budget and Management Office Ed Finn Additional Reviewer Completed 06/29/2020 11:58 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/06/2020 10:41 AM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/06/2020 3:28 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM 16.C.2 Packet Pg. 1509 COLLIER COUNT}' STATYDARD FORM LONG-TERM LEASE NOT.FOR.PROFIT ENTITY is Long-Term l-ease thereinaller relbrrcd lo as .'l-ease..)ts entered inro this /tbuvol'2020. by and bctween SNIP COLI-lliR INC.. a nor f'or pmfit co rporation dul1" organized under rhe laus ofFlori da- rrhose mailing addrcss i s 5.191 Sable Ridge Lane. Naples. Florida 34109. hercinafte r rel'erred to as "Lessee". and Collier Countl'. a political suMivision ofthe Slate of Florida- whosc mailing address is.in carc of Real Property Management. 3335'l'amiami lrail Easr. Naples. Florida 34lll. herci nafter rrflerred to as "Lessor." collectivelv stated as the "Parties." R"ECI'I'ALS: wllEREAS. F'lorida Statutes secrion I ls.lE prul.ides rhar if a coryroralion or orher organization not lbr profit r.r'hich ma1' be organized foi the purposes of promoting community interest and welfare. should desire an1 rcal or personal propcni, thar ma), be ouncd iy any count-v of this state or bf irs board ol'counq commissionen, foi publicor communiq. interest'and u elfare. then such corporation or organization mal appll' ro tlre board of counq commissioners for a conveyance or lease ofsuch proprty. and that such boand. ifsatisfied that such propcrty is required for such use and is not necded tbr count! purposcs. ma!' thereupon convey or liase-rhe same at private sale to the applicant for such price. uhethcr nominal or other*.ise. as such board ma' fx- regardless of the actual valuc ofsuch pnrpertl,: and WIIERE.AS. l.essee. a dull'organized nor-lirr-prolir corporation. has applied to the Board of county Commissioners for a l.ease ofcerrain property which the Board has determined is nor presefltly needd lbr County purposes: and WIIEREAS. it is rhe Board's linding rhar ir is in rhe public interest to lease this propertl to Lessee on lhc terms and conditions set fonh belou. NOW. THIIREFORE. in consideration of Ten Dollars ($ 10.00) and other good and valuable consideration exchanged amongsl thc I'arties. and in considcration of the covenants containd herein. thc Parties hereby enter into this Lease on the following terms and conditions: l. Convcvance. On the terms and conditions set lbrth in this Lease. and in considcration of Lcssce's perlbrmance under this Lease. the Lessor coneys to the l.cssee the prcsent possessory interest in the Lcased Prcmiscs described bclow. 2. Description of Leascd Premises. l'he Leased Premises rvhich is the subject of this l-ease is a parcel improved with a building located at 323 Sergeant Joe Jones Roa4 Immokalec. l'lorida 34142. collicr county. Florida. as sho$n on Exhibil "A." hcreinafter referred to as the "Prernises. " r*'ITNESSETH: 16.C.2.a Packet Pg. 1510 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) . 3.- . eord{ions to convevance. Lessce *arranrs and rcprcsents ro Le$or rhat it hasexamined the title and boundaries of the prtmises. .A,ccorrlingl1. this conr.el.ancc ir.ubj;iio "llof the following: a. An1' and all condirions- restriclions. errcumbrances and limiurions no* recorded against the Prcmises: b. An1' and all existing or future zoning laus or ordinances:c. Anl questions oftitle and sun.e).that mal.arise in the lirture: andd. Lessee's satisfactory performancc ofall terms and conditions ofthis l_case- . . .a.. Use of hemises. 'the purgrse of rhis Leasc is for Lessee ro opcrate a clinic and hospital for domestic animals. u,hich use the Board of counrf commissioners has founrl to be in the public's interest. Accordingll. Lessee shall utilize rhc ieased Premises in strict accordancc r,vith Exhibit "B." l,essor shall have the right ro rerminarc this Lease should Lesscc utilize lhc Prcmises in any' manner inconsistent uith the approved usc. In the evenl l.essee shall cease to use the Premises for the purposcs described in Exhibit "8." and such cessation of use shall continuc fora period ofsixty (60) days. this Lease. at the oprion ofthe Lesvrr. upon thirty (30) days xrittcn noticc lo thc Lessee. shall bc terminated and Lessec shall sunendcr and vacate ihe premises to the Lessor within thirty (30) da1,s after norice ofsuch rcrmination. provided. howcver. said sixty (60) da1'priod shall bc tolled if such cessalion is causcd by evenrs beyond the control ofthe Less€e such as acr ofGod or ifsuch cessalion is due to closing ibr rcconstruction or repeirs to the buitding constructed by Lessee on the Lcascd Premiscs. 5. Pcrmissiblc Altcmations and Additions to prcmiscs. Lcssee ma1. not make an1. alterations or additions to thc Leased Premises u'ithout obraining Lessor's prior uritten conseni. uhich consent ma] not be unreasonabll $ithheld. t,essee shall submit to Lessor plans and specitications for all altemtions and additions at the time t,essor's consent is sought. 6. Term of Lease. The term of this l-ease shall commence on the dale lirst above writtcn, and unless terminated earlier hy the Parties. shall tcrminatc on thc 306 anniversary date of this l-ease. There is no option to rene$. but lhe Parties may relegotiate thc terms ofthis Lease at least ninetl'da1s prior to the expiration. lfl,essee holds ovcr after the expiration ofthe lease term. such tenancy shall be from month-to-month under all ofthe terms. covenants and conditions of this Lease subject. houeler. to Lessor's right to setk legal rclief to eject I.cssee liom the Prcmises as a holdover. 7. Rent. I'he l.essee agrees ro pa;- the I.cssor the sum of$I.00 per annum. in advance. for each year of the term, S. Ngflegsg I'his is a fulll nct leasc. *ith l.essce rcsponsible for all costs. t'ees and charyes conccrning the Prtmises. Accordingly. Lcssee shall promptly pay whcn due and prior to an] dclinquenc) all costs, l'ecs. taxes. rash remoYal rn'iccs. asscssments. utilig charges. impact fees and obligations ofanl kind that relate to the Prcmises. l.essee will indemni$ and hold l-essor harmlcss from ary- and all claims. costs and obligations arising frorn Lessee's use olthe Prernises. ln case an1. action or proceeding is brought against Lessor b;., reason of Lessee's use of the Prcmises, Lessee shall pa1- all costs. aflomeys' fccs. expenses and liabilities resulting thercfrom 16.C.2.a Packet Pg. 1511 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) and shall defend such action or procccding if Lessor sha so request. at Lcss€e's expcnse. b;.counsel reasonabll Ntisfactory to Lessor. Ii is specilicalll. agrced houfl.er. thar t_.r*r.uj ur ir,or,rD cost and expense panicipate in the rcgar derbnse of such craim. uith legal counsei of irschoosing. . . ?-. Lcssce's Liens and Monglrqes. I.essee shall not in an1 ua}.encumber rhe premises. and shall promprl)'remo'e an'and aI riens praced against the prcmises. A persons to,'.toi $ese preselts may come 8re Jrul upon norice of the-facr that the interest of the Lessor in the Premises shall not be subject to liens for improvemenrs made by the Lessee and liens ior improvements made b1'the l.essee are specilicalli prohibited from attaching to or becoming I licn on the interest ofthe Lessor in rhe Premises or anlipan ofeither. This noti-ce is given purs-uant to the provisions ofand in compliance u.ith Section 7i3.10. F'lorid8 Srarutes. 10. [-essee'Ohliqation t o Maintain Premises and C v with All La*ful Reouirements.[-essee. throughout the term ofthis Lease. at its o$n cost.and rvithout any expense to the Lessor. shall keep and maintain the Premi ses in good. sanitarl and neat order. condition and repair. and shall abide wirh all lautrrl requircm ents. Such maintenance and rcpair shall include. but not be limited to. painting- janitoriat. lixt ures and appurtenances (lighting. heating, plumbing. and air conditioning). Such repair mal also incl ude structural rcpair. if deemed necessary. by the Lessec. If the Prcmises are not in *rch compli ance in the rcasonablc opinion of Lessor. Lessc will bc so advised in *riting. Il'correctir.e acti on ls not bcgun lrithin rhirty (301 days ofrhe receipr ofsuch notice and prosecuted diligentll' until correctivc rction is completed, Lessor may cause the same to be correctcd and Lessee shall promprll reimburse Lessor for the expenses incuned by Lessor. together rvith a 5olo administralive fr.c. I | ' ouiet Eniovment. Lesscc shall bc entitlcrl to quicr cnjoymcnt so long as Lessee has not delaulted on any ofthe tcrms ofthis Lcasc. Accordingly. Lessee shall have the exclusive righr to use the Premises during the term ofthis l-ease. During the term of this Lease. l,essee may ere{r appropriate signagc on the Lcased Premiscs and the impror ements construcled bl Lessee thereon. Any such signage shall be in compliance lr'irh all applicable codes and ordinanccs. 12. Casualw and Cond emnation a. Casualg . If the Premises are desrrol ed. rcndered substantiallrv inhabitable. or damaged to any material extent. as reasonably determincd by Lessee and Lcssor. by fire or othcr casualty. and Lessee must usc the insurance proceeds. hereinafter rcfened to as "Proceeds." to rebuild or restoft: lhe Premises lo subsrantiallf its condition prior to such casualty event unless the Lessor provides the Lessee nilh a \.\Titten d!.termination that rcbuilding or rcstoring the Premiscs to such a condition u'ith the Proceeds sithin a reasonable period of time is impracticable or *ould not be in the best intercsts of the Lessor. in rtich evenl. Proceeds shall be shall be promptly remitted to Lessor. and insurance Proceeds shall be divided bet*een Lessor and Lessee as the Lessee shall be entitled to lhe Proceeds for Lcssec's lixtures and pcrsonal propeny. If the Lessor elects not to repair or replace the improt ements. lhen Lessee or Lessor may rerminate this Lease by providing notice to the olher party within nineg (90) days after the occurrence ol'such casualtl'. The termination u ill be effective on the ninetieth (90th) day after such fire or other casualty. unless extendcd b;- mutual nritten agrcement ofthe Panies. During the period betueen the date ofsuch casualtl and thc date of tcrmination. Lessee will ceasc its Operalions as ma1 be neccssar) or J 16.C.2.a Packet Pg. 1512 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) appropriate. lfthis l,ease is nol terminated as scr forth hcrein, or ifrhe prcmises is damaged to a less than material exlenr. as rcasonabll, determined by Lessee and l.cssor. I-essee will proceld u.ith reasonable diligence. at no cost or exFrense to [.essor. to rebuild and rcpair thc prcmiscs to substantially tllc condition as existcd prior to the casualty. b. Condcmnation. Lessor ma] lerminatc this l.ease as part of a condemnation project. l,essor will usc its bcsl cllbrts to mitigate any damage caused to Lcssee as a resultof such termination: however. in no ere uill Lessor bc tiable to Lessec lbr anv compcnsation as a rcsuh ofsuch tcrmination. I 3. Access to Premises. Lessor. its dull' authorized agents. contractors. reprcsentatives and emplolees. shall have rhe right aier a minimum of 24 hours *ritten notice to Lissce. trforc ent€ring the Prcmiscs during normal business hours. or such other times with the conscnt ofl,cssce, to inspc{t lhe Premiscs. r'erifi compliance s'ith the terms of this Leasc. or malic an1. rcquired repain not being timell complerr,d bl l.essee. 14. 'lirmination and Surrcndcr. Unlcss othersise mutually agrced by the panies. uithin thirt-y (30 ) dals aller termination ofthe lcase term. Lessce shall redelir.er possession ofthc Premises to Lessor in good condition and rcpair. reasonable wear and tear cxcepted. Lessee shall have the right at any time during Lessee's occupanq'ofthc prcmiscs to remove anl of its personal propcrty (trailcrs. pods or industry fixturcsy. eauipment. and signs provided. ho$ever. at the termination oflhis [,ease. I.essor shall have the option ofcither requiring Lessee to demolish and rcmoYe all improYcments made bl Lesscc to the Premises upon Lessee's vacation thereof. or to require Lessee to retain said impnrvements with fixtures on the Premises which improvements and fixturcs will bccome the propeny ofthe l,cssor upon Lessee's vacation ofthe premises. 15. Assicnment. This l-ease is personal to Lessee. Accordingly. Lessee may not assign this Lcase or sublet any ponion ofthe building constructed on thc Premiscs by Lessee without the express prior uritten consent of the Lessor. uhich consent uill not be unreasonabll' $ithheld in Lcssor's sole discrction. Any purported assignment or sublet without the s'xprrss urilcn consent of Lessor shall be considered void from its inception. and shall be grounds for the immediate termination of this Lease. Lessor mal lreell assign this l-case upon rritten notice lo Lessee. 16. Insurance. a. Lessee shall provide and maintain a ('ommercial General Liabiliq' insurance policy. approved in writing b1' Lesvrr and the Collier County Risk Management Department. for not less than Three Million and 00r lfi) Dollars (53.000.000.00) combined single limits during the term ofthis Lease. Ifsuch amounts arc less than good insurance industry practicc would rcquire. l.essor rescn'es the right to increasc these insurance limits b1' providing Less€e $ith at leasl six$'(60) da!'s'ad\'ance notice to do so. b. In addition. Lessee shatl provide and maintain Worke/s Compensation lnsurance covering all employees me€ting the lhen existing, staturor) Limits in compliancc *ith the applicable state and federal lar,rs. 'lhe coverage shall include Employer's Liabiliq with a minimum limit of One Hundred 'lhousand and ffi/I00 Dollan ($100.000.00) per '{ 16.C.2.a Packet Pg. 1513 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) cach accidenl. If such amounts are less lhan good insurance industry practice would rcquirc-. Lcssor resen es the right to incrcasc thct insurance limits by, providing Lesseeuith at least sixtl (60) da).s'adr.ance notice lo do so. c. I.csscc' shall also maintain srandard tire and exrcnded coverage insurance on theadditions and improvements located on rhc. premises and all of Lessee:s property lrxatedon or in thc Prcmises including. rvithout limiution. fumiturc. cquipmcnt- finings. inslallations. lixtures (including removable trade tixturcs). personal propertl- and supplils. in an amount not less than the then-existing f'ull replacement value. d. Business Automobire Liability Insurancc, and Business Boat Liabilirv lnsurance. for automobiles and boats used b1 l.essee in rhc course ofits performance unrter thi.s Lease. including- Emplol er's Non-onnership and Hircd Auro coverage. cach said policy in amounts of One Million and 00/100 Dolla$ ($1.000.000.00) coribined single limit per occurrcnce. If such amounts arc less than good insurance practice would rcqui-rc. Lessorreserves the right to incrcase these insurance limits by providing Lessee with at least six$' (60) days' advance norice ro do so. -- e. Pollution Liabilitl insurance cor.cring thc accidental discharge and clean up ol pollutants shall be maintained hy the Lessee in an amount ofnot less than Five Million and @/100 dollars (95.fi)0.fi[) per occurrence. Such coverage shall cover rhird party liabiliry and clean up coverage. l'. Lcssor shall be named as an additional insured on the Commercial Geneml l.iability insurance policy. Lcssor shall also be added as an addirional insurcd on the Property lnsurance policy as their interest may appeat. 'llte above-described insurance policies shall list and continuously maintain Lessor as an additional insurcd thereon. Evidence of such insurance shall be provided ro Lessor and the Collier Countl. Risk Management Dcpartmcnt. 331 I Easr Tamiami Trail. Administration Building, Naples. Florida 341 12. lor approval prior ro the commencement of lhis Lease: and shall include a pmvision requiring not less than ten (10) days prior wrinen notice to Lessor in the cvent of cancellation or changes in policy(ies) coverage. lf such amounts are less than good insurance practice would require. Lessor resen,es the right to rcasonabll.amend their insurance requirements bf issuance of noticc in r+riting lo [-essee, whercupon receipr of such notice Lcssee shall have thirty (30) dal s in which to obtain such additional insurance.'llre issuer of any policy must have a Certilicale of Authority to transact insurance business in the State of Florida and musr be rated "A" or bener in the most curenl edition of Besr's lnsurance Reporls. Each insurer must be responsible and repulable and must havc financial capacitv consistent uith the risks covered. F.ach policl must contain an endorscment to the effect that the issuer rraives any claim or right ofsubrogation to rEcover against Lessor. its employees- rcprescntatives and agenls. g. Failure to continuousl! abide u'ith all of these insurance provisions shall be deemed to be a matcrial breach of this l-ease and Lessor shall have the rcmedies set t'onh bclow, 5 16.C.2.a Packet Pg. 1514 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) l. ii. iii. iv. ri. vll. vll1. lx. Abandonment ol'Prcmises or discontinuation of Lessee.s operation. Lessee's material misrepresentation ofany maner rclated to this Lease. Filingof insolvency, reorganization, plan or arrangemenf of bankruptcy. Adjudication as bankrupr. Making ofa general assignment of tlre benelit of crcditors. If Lessee sulTers this Leax to be taken under anl.nrit of cxcculion and,/or other process of lau'or equitl'. l,essee's loss of its federal IRS tax exempt stanB. I-essee's failurc to utilize lhe Prcmises as sct forth in Exhibit B. An.v lien is filed against the Premises or Lessee's interest therein or any pan thercof in liolation of this l-ease. or other$isc. and the same rcmiins unreleased lbr a period of sixt1. (60) days lnrm thc date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. Failurc of Lessee to trrtbrm or comply u'ith any material covenant or condition made under this Lease. *hich failure is not cured nithin nineq' (90) da1's from receipt ofLessor's trinen notice slsting thc non-compliance shall conslitute a default (other than those covenants for which a different cure period is provided). r*hercby Lessor may. at its option. teminate this Lease by giving Lessee thirtl'(30) days uritten notice unlcss the default is l'ully cured within lhat rhirD {30) day noticc period (or such additional rime as is agreed to in uriting b1 [.essor as being reasonabll. rcquired to conect such dcfault;. Hor,rever. the occurrence ofany ofthc events sct forth above shall constitutc a material brcach and default by Lessce. and this Lease may be immediatcly' terminated hy' I.essor excepl to the exlent then prohibired bv la*. b. Remedies of Lcssor. In lhe event ofthe occurrence of any ofthe forcgoing defaults. Lessor. in addition to anl other rights and remcdics it ma;., har.e. shall have the immediate right to re-enter and remove all individuals. cntitics and/or propertv from thc Premiscs. Srrch propeny mal be removed and storcd in a public warchouse or elsewhere at thc cost ofand for the account oflessee. all uithout senice of notice or resort to legal process and without being deemed guilg' oftrespass. or being liable lor an;- loss or damage rtrich ma1. be occasioncd therebl'. If Lessee does nol cure the defaults in the timc l'rames as set lbrth above. and Lessor has removed and storcd property. Lessor shall not be required to storE for morc lhan thirty (30) days. Aller 6 17. Dclhulrs and Remedics. . .a' Delhults by Lessee. The occurrence of an) of the foflowing events and thecxpiration ofrhe applicable cure period ser tbrth belowwithour such eveir *i"g cured oircmedied will constitute a "Default by t.essce" ro the grcaresi extcn! then allowei bv |a.r: x. t. 16.C.2.a Packet Pg. 1515 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) lt such time. such propert!,shall be deerned abandoned and Lcssor shall dispose ofsuch propertl. in anl manner it so chooses and shall not b€ liable to Lessec lbr such disposal. Ifl-essce fails ro pmmptly pay. when duc. any full installment of rcnr or any other sum parvablc to Lessor under this Lease. and if said sum remains unpaid lbr morc rhan live 15) da1,s pas: rhe due datc. the Lessee shall pay Lessor a late paymcnt charge equal to five perce (5%) of each such payment not paid pmmptly and in full whcn due. Any anounts not paid promplly when duc shall also accrue compounded intercst of t\ o (2olo) percent per monlh or the highcsl inlercsl rate then atloued by Florida lau'. whichever is higher ("Defauh Rale"). $.hich intercst shall be promptly paid by Lessee to Lessor. ln Lcssor mal sue for direct. actual damages arising out of such dcfault of Lessee or appll' lbr injunctive rclief as may appear necessary or dcsirable to enforce the pertbrmance and observance ofany obligation, agreement or covenant of Lessec under this Lease. or otherwise. Lessor shall bc entitled to rcasonable anome]-s' fees and costs incurred arising oul of Lessc-e's default under this Lease. c. Dethult by l.essor, l-cssor shall in no evcnt bc chargcd with default in rhc performance ofany of its obligations hcreundcr unlcss and until Lessor shall havc failed to perform such obligations within thirt.v (30) days (or such additional time as is rcasonably required to conect such default) alier \ritten nolice to Lessor by Lessee properly and in meaningt'ul daail specitiing uhcrcin. in Lessee's judgment or opinion. Lessor has failed to pcrform any such obligationlsl. d. Remedies of Lessee. In partial consideration for the nominal rent charged to Lessee. Lcssee herebl taives any claim it mal have to dircct or indirect monetarl' damagss it incurs as a result of Lessor's breach of this l.ease. and also *aives an! claim it mighl have to atlorneys' fecs and costs arising out of Lessor's brcach of this Lcase. Lcssec's remcdies for Lessor's default undcr this Lcase shall be limited to the following: ll. For injunctive rclief as may appear neces$D' or desirable to enforce lhe performance and observance ol'any obligation. agrccment or coveaant of Lessor under this l,ease. Lessee may cure any default of Lessor and pay all sums or do all reasonably necessary uork and incur all reasonablc costs on behalf of and at the expense of [,essor. I.essor rvill pay Lessee on demand all reasonable cosls incurred and any amounts so paid by l.essee on behalf of Lessor. with no intcrest. 7 lv.Lessor shall remedy any damagc incuned to the Prcmises due to Lessor's negligence. 16.C.2.a Packet Pg. 1516 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) . e. No-Rgmed!, Exclusive. No remedl.herein conferred upon or reserved to eitherpaq'is intendcd to bc cxclusi'e of an1'othei a'ailable rcmedl or rcmedies. but each andevery such remedl *ill bc cumulative and in addition to el.ery other rcmedy girrn underthis Lease or hctcaftcr existing under raw or in equity. No dclay or omission to exercisc any right or powcr accruing upon an1, evenr of del'iuli will impaii any such right or power nor be construed to bc $aived. but an1. such right and pro*.er maybe excrciscd from time ro time and as often as ma1. be deemed expedieni. . f. . Non-Waiver. Every provision hereof imposing an obligation upon Lessee is amatcrial inducement and consideration for the executio; of thii Lease bv Lesscc and Lessor. No raiver by l,essee or Lcssor of an1- breach of any pro'ision of this Lease u.ill bc deemed for any purpose to be a nai'er ofanl breach ofany orher provision hereof or ofany continuing or subscquent brcach ofthe same provision. irrcspcctive ofthe length of time that the respective breach ma), har,e continued. Miscrlleneous Lcgrl Mtttcrs 18. 1'his Lease shall bc construr.d by and controlled under thc laws of thc Stare of Florida. In the event ofa dispute under this Lease. the Parties shall tirsr usc the Countv's rhen- cur€nl Ahemarive Dispurc Rcsolution Proccdure. Follo*ing thc conclusion of this pfucdurc. either party may file an action in the circuit coun of collier counly to enforce the terms of this Lease, which Court the Psnies agree to have the sole and exclusive jurisdiction. 19. This l.ease contains the entire agreement ofthe Parties uith respect to thc matters covered by this Lease and no other agreement. statement or promise made any pat!,. or to any employee, ollicer or agenr ofany pany. which is not contained in rhis Lease stratt ue tinding or valid. Time is of lhe essence in the doing. Jrrformance and observation of each and enery ter.. covenant and condition of this Lease bv the Panies. 20. In the eve slatc or federal lau,s are enacted after the exerution ofthis Le8se, which are applicable to and preclude in whole or in part the Parties' compliance with the tcrms of this Lcasc. thcn in such o.cnt fiis l,easc shall bc modified or revoked as is neccssaD. to comply with such lats. in a manner uhich best rcflccts thc intent of this Lcase. 21. Except as otherwise provided herein, this Lease shall only be amended by mutual written consent ofthe Parties hcreto or by their successors in interest. Noticcs hercundcr shall be given to the Paiies set fonh below and shall be made bl.hand delivery. facsimile, ovemighr delivery or bl regular mail. If given [' rcgular mai[. the notice shall be deerned to have been given within a required time if deposited in the U.S. Mail. postage prepaid. *ithin rhc rime limir. I;or the purpose of calculaling lime limits which run from the giving of a paflicular notice the time shall be calculated from actual receipt ofthe notice. Timc shall run only on business days which. for purposes ofthis l-ease shall be an1' dal other than a Satunlay. Sundal or tegal public holidal. Notices shall be addrcssed as follous: E 16.C.2.a Packet Pg. 1517 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) Ir'to Lessor ll'to Lessee: Real Propenl' Managemenl 3J35 l'amiami Trail. Suire l0l Naples. Florida 341l2 Ilr. 'li:m Kepp SNIP Collier Inc. 6491 Sable Ridgc t.ane Naples. l'lorida 34109 Notice shall be deemed m hare been given on the next successivc business da!. to the date ofthe couriet rnal.bill if sent b1. nalionall). rccog;ized ovemight deliveq. senicc. 22- Lcssee is an independent contractor. and is not any sgent or represcnlatir.e oremplol'ee of Lessor. During rhe term ofthis l-ease. neither Lessee. nor anyone acring on bchalfof Lessee. shall hold itsclf out as an emplol'ee. sen anr. rcpr€sentarir.e or agent or L"isor. N.irtrerparty willlrave thc right or authority to bind the other party withour express wrilten authorizarionof such othcr_pany ro any obligation to any rhird pany. Irio rhird parri is inrended ty the rarricsto bc a beneficia$ of this Lease or to.have an-v righri to enforce'this Lease oguinrt'"irt ", purty hercto or othenvise. :r-othing contained in rhis ieai u.ill constiture rhe parties ;s part*15 "rj"i,iventwes for any purpose, it being the express intention ofthc partics that no sucir partncnhip orjoint venturc exists or will exisl. Lcssec acknowledgcs that Lessor is nor providinj any vacajtion timc. sick pay. or othcr welrire or retiremenr beneris normaltl, associaLd witnL emptoyee- employer relationship and lhst Lessor excludes Lessee and ir emplol.ees from participarion in aithealth and r,relfare benefit plans including vacation. sick leave. severancer lifi. accident. health and disability insurance, deferred compensation, retircment and grievance rights or privilegcs. .23. Neither parg to rhis Lease wi[ be riabrc tbr ary delay in rhe performance of anyobligalion under this Lcasc or ofanv inabilit;- to perform an obligation under this Lease ifand rLthe extenl that such delay in performance or inabilitl. ro perttrm is caused uy a" "r"J oi circumstance beyond the rcasonable control of and wiritout itre fault or negligence or trre fartyclaiming Force Majeure. 'Force Majeure" shall include an act of Gi. -war (dcclared nr undeclared), sabohge. riot. insurrection civil unresr or disturbance. miliur-r.or guenitia action. economic sanction or embargo. civil strike. rvork stoppage. slow-do*n or loci-outlexplosion. fire. earthquake, abnormal wealher condition. hurricane. tlood. tightning. wind. atought, ana rhe binding order ofany govemmental authority. 21. l.essee will not transporl. us€. store. mainuin, generate, manul'acrure. handle. dispose. release or discharge any Hazardous Materials upo, or ibout the Leased prernises. norpermit employees. represerltatives, agents. contxactors. suEcontractors, sub-sub.contrsctors, material men and/or suppliers to engage in such activities upon or about the Leased prcmises. 25. In compliancc uirh Section 404.056. Florida Staures. all panics are hcrcbl.made aware of the following: Radon is 8 nsturally occurring radioactive gas that. when it has accumulated in a building in sullicient quantities. may present health risks to persons who are exgxed to it over time. Levels of radon that exceed t'edcral and state guidelincs have been found 9 16.C.2.a Packet Pg. 1518 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) in buildings in Florido. nddilional inlbrmation regarding mdon and radon testing may be obtained from your Countl' Public Health Depanment. 26. Lessec shall execurc this l-eas€ prior to il being submitted for approval by the Board of County Commissioners. This Lease may be recorded by the County in the Oflicial Records of Collier County, Florida. nithin fourr('cr (l.l) days after the County enters into this Lcase. at Lessee's sole cost and expense. IN WITNESS WHEREOI'. the Lessee and l.essor have hereto €xecuted ftis Lease the dEy and year firs above written. AS TO I'HE LESSI]I]:SNIP ('OLLIER INC. B)'' M (print namel wi ( signalure ) (print name) AS I'O THE LESSOR: 1 ATTEST: Crystal K. Kinze l. Clerk B)''B)': . Deputy Clerk Approved as to lbrm and legalit)": Jennifer A. Belpedio. Assistant Counlr- Anorney BONRD OF COTJNTY COMMISSIONERS. COI.I,IER COIINTY. FLOzuDA BI.JR'T L. SAUNDERS, CHAIRMAN l0 ') Cr >t'Y c.,\ v 4ana aE{tus- 16.C.2.a Packet Pg. 1519 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) Exhibit 'A' 323 Scrgcant Joc Joncs Road lmmol<alee. Flori& PREIUISES il 5 .lF.!*r.*rb{----}{rY --.1 |lr !i ,l L -:, ltt It Ltt tr lla ltal.t ,.r :i trl 16.C.2.a Packet Pg. 1520 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) o Hcalth cerc clinic for domcstic oinlrls Ulr prcvida:. Low€d nccitutionr. SFy ud EuEr scrvicrt EXHIBIT'B' ShclEr snd cdws on classcr t2 6\ 16.C.2.a Packet Pg. 1521 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) l) Lessc'c shall be granted access to the prcmis€s ar alr times. and shalr be required to s€c,,e rheproperty by keeping rhe gare.cloxd. If thc gate shourd bc lo.ked. Lesseeas sGn i;". ;;r".invitees shall gain access ro the premises u1: a..er.injtt. cafl gox tocaiea ouff"-,h;;;. 2) Lessee shall be permined to operate the faciliq. sevendal.s per ueek. 3) Lessee and its staff may be requircd ro belingerprinted per County poricy and shall bc responsibrefor any cosrs associared nith back-ground iniui;es anjringl.rprinting. -1) Less€! has rcquested a due diligence period to assess the condition of the premises to determine 9e ex::nt of n:cTsarlimprovemcnrs. and ro obrain proposals for rhose i-p-;;;. If L;.""$ unabre to obtain sufficiefl funding to improvc the premises as requircd. Les.see shall notifvLessor in \'rriting b)' Nouember r. 2020. a;d upon Lessor's receipt Lf the nrirren norice.-rhisAgrcematt shall be come null and void. 5) There is onc watcr meter fbr. the entire c'ount) -onncd propcnl which is occupied b1. co[ierCounty Road Maintenance and the Lessee. The i.essor stralt invoice rhe Lcssee foi monthly waterusc bascd on Lessce's lcascd squarc footage. anrl shall bc invoiced on at least u quancrlr basis.The electrical merer is separale. and Lessee shall bc rcsponsibre rix ttr" p-curci"i;;ila;i,.., payment to the uriliry p,rovidcr, LCEC. RIDI:R l3 16.C.2.a Packet Pg. 1522 Attachment: SNIP Agreement Executed by Lessee (12582 : SNIP Collier Inc., Immokalee) RESOLUTION No.2020 - RESOLUTION OF THE BOARD OF COUNTY COMM]SSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A COLLIER COUNTY SI'ANDARD FORM LONG.TERM LEASE NOT-FOR.PROFIT ENTITY WITH SNIP COLLIER INC., USE OF COUNTY- OWNED PROPERTY. WHEREAS, SNIP Collier Inc. ("SNIP") desires to lease a building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located at 323 Sergeant Joe Jones Road, Immokalee, Floida, 3 41 42. WHEREAS, the Collier County Standard Form Long-Term Lease Not-For-Profit Entity (Lease) provides for a thirty-year term commencing on the date thal. the Board of County Commissioners approves the Lease, with an annual rent of One Dotlar ($ I ). WHEREAS, the Board of County Commissioners is satisfied that this property may be used by SNIP and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COLINTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: The Board ofCounty Commissioners does approve the attached Collier County Standard Form Long-Term Lease Not-For-Profit Entity between Collier County and SNIP Collier Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the Collier County Standard Form Long-Term Lease Not-For-Profit Entity for SNIP Collier Inc. This Resolution adopted this _ day of motion, second and majority vote. , 2020, after ATTEST: Crystal K. Kinzel, Clerk BOARD OF COLNTY COMMISSIONERS COLLIER COI.NTY, FLORIDA BY:BY: , Deputy Clerk BURT L. SAUNDERS, Chairman Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attomey q **e 1r) G-,, 16.C.2.b Packet Pg. 1523 Attachment: SNIP Resolution CAO June 10, 2020 (12582 : SNIP Collier Inc., Immokalee) Immokalee DAS Overview Buildings and systems associated with the Immokalee DAS property approximately 3 acres. Date: 6/17/2020 Weather: Sunny and 92 Degrees Inspector: James Hall, Facilities Management Summary Findings: Structural: 1. The kennel building is comprised of a Dean Steel building with concrete walls around the perimeter. It is possible that the steel structure is independent of the concrete walls, but this would need to be addressed by a structural engineer. There were deficiencies observed with the CMU wall and tie-beam system. The front and rear walls have an opening that runs approximately 43’ in length by approximately 3’ high. Each opening has 4ea 4” x 4” steel columns supporting the tie-beam. The steel columns are heavily corroded and some appear to be corroded through – leaving no support for the tie-beam. This needs to be addressed by a structural engineer. See photos. 2. There were horizontal and vertical settlement cracks observed on both the front and rear cmu walls of the kennel building. These cracks almost mirror each other. The cause of the cracks/settlement is unknown at this time. This needs to be addressed by a structural engineer. See photos. 3. According to facilities person on site; the shed/office floor has soft spots and has already been repaired in the past (moisture damage). It was observed that there was no air flow to beneath the structure and boards were sealing air flow around the exterior perimeter of the structure. The boards should be removed to allow air flow beneath the building- the perimeter should be protected with vented material to prevent pests. 16.C.2.c Packet Pg. 1524 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Roof: The shed roof on the right side of the Kennel building over the main entry has moisture rotted wood along the eaves and on the end of a double 2x8 joist. The joist is crushed at the bottom where it rests on a 4” x 4” column bucket. See photo. Electrical: 1. It should be noted that the facility may be underpowered if there is to be any expansion beyond the existing structures. There is a 100 amp service at the meter on the right exterior of the kennel building with #2 copper main feed. This panel feeds a 100 amp sub-panel on the right interior wall of the kennel building. 2. There was a tripped 20 amp single pole breaker “interior lights” in the panel (interior right wall of the kennel building). Inspector tried re- setting the breaker, but it tripped and lights quickly flashed. This circuit has a short and needs to be repaired by a licensed electrician. 3. Although not expensive the following is a safety item: there is no GFCI protection to the receptacle next to the toilet. Receptacle should be replaced with GFCI receptacle. See photo. 4. There was an open knock-out in the service panel on the right exterior wall of the kennel building. Knock-out should be filled to prevent shock hazard. 5. Wires at the pump station approximately 20’ to the right of the kennel building were not covered inside the 5” x 5” PVC post. See photo. This needs a weatherproof cap. 6. Ceiling light in the bathroom did not respond to wall switch. Replace bulbs or ballast as necessary. Plumbing: 1. According the the facilities worker on site; the drain from the lift pump to the road has to be snaked regularly to prevent or repair back-ups. The lift station is approximately 570’ from the roadway tie-in. Modifications/repairs may need to be done for proper waste drainage/disposal. 2. The water heater in the kennel building was in poor condition- heavily corroded- and should be replaced. Unit is Rheem 40 gallon electric mfg. 2007 16.C.2.c Packet Pg. 1525 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 3. The water supply comes from the facilities service and does not have a separate meter. Most of the supplies are ½”. Main line to this property is believed to be less than 1” diameter. Smaller lines may not meet flow/pressure required if there is expansion to property. ADA: 1. There is no ADA accessible ramp into the shed building. There is one step in front of the front door. Ground to floor of building has 13” rise. 2. There is no provision for ADA restroom; the current facility in the shed building is too small and cannot be expanded. Building locations 16.C.2.c Packet Pg. 1526 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Orientation of buildings in reference to report. Rear view 16.C.2.c Packet Pg. 1527 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Site viewed from rear to front Building roof coverings 16.C.2.c Packet Pg. 1528 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Driveway with gate/fence 16.C.2.c Packet Pg. 1529 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Buildings; front view 16.C.2.c Packet Pg. 1530 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Pole barn (right side) 16.C.2.c Packet Pg. 1531 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Front of office 16’ x 10’ 16.C.2.c Packet Pg. 1532 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1533 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) A/C for office 16.C.2.c Packet Pg. 1534 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1535 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1536 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1537 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1538 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1539 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1540 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1541 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1542 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1543 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1544 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1545 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Entry shed roof at right side of kennel building. 16.C.2.c Packet Pg. 1546 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Right side entry of kennel 16.C.2.c Packet Pg. 1547 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Eaves (wood rot/leakage) at right side of kennel. 16.C.2.c Packet Pg. 1548 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Entry door at right side of kennel. 16.C.2.c Packet Pg. 1549 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Dean steel building with metal roof structure and concrete/metal post and cmu wall structure 16.C.2.c Packet Pg. 1550 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 43” opening beneath tie-beam is compromised due to corroded 4” x 4” metal columns. 16.C.2.c Packet Pg. 1551 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Previous floor patch is flaking. 16.C.2.c Packet Pg. 1552 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Chain link structures in kennel area are corroded and failing. 16.C.2.c Packet Pg. 1553 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1554 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) Settlement cracks in front and rear walls of kennel building 16.C.2.c Packet Pg. 1555 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1556 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee) 16.C.2.c Packet Pg. 1557 Attachment: Immokalee DAS Overview Inspection (12582 : SNIP Collier Inc., Immokalee)