Backup Documents 07/14/2020 Item #16C 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE 16 C 2
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 sienature. draw aline thrnnvh rnnti— Iim tt i thrn....h 44, .. ..,..l— .t - -L- _
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Route to Addressees (List in routing order)
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Office
to the Coun
Initials
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Date
1. County Attorney Office
County Attorney
2. BCC Office
Board of County
Commissioners
3. Minutes and Records
Clerk of Court's Office
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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 missinv information
Name of Primary Staff
Michael Dowling
Phone Number
8743
Contact / Department
Agenda Date Item was
July 14, 2020
Agenda Item Number
16 C 2
Approved by the BCC
Type of Document
Resolution and Standard Long -Term Lease
umber of Original
1
Attached
Not for Profit Entity
Documents Attached
PO number or account
number if document is
to be recorded I
INSTRUCTIONS &CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
Initial
Applicable)
I.
Does the document require the chairman's original signature? S�q V
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
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 B - 0, and all changes made during
MD
the meeting have been incorporated in the attached document. The
vc
Attorne 's Office has reviewed the than es, if a licable. 1"z
n
9.
Initials of attorney verifying that the attached document is the version approvea by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's si nature.
1: 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
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To:
Minutes and Records
Clerk to the Board
Memorandum
From: Michael Dowling )
Senior Property Management Specialist
Real Property Management
Date: July 15, 2020
Subject: SNIP Collier, Inc. — Standard Form Long -Term Lease
BCC Date: July 14, 2020
BCC Item: 16 C 2
Please attest and provide me with an electronic copy.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
l6C2
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Friday, July 24, 2020 4:47 PM
To: dowling-m
Subject: Item #16C2 (July 14, 2020 BCC Meeting)
Attachments: Resolution 2020-114.pdf
Hi Michael,
An executed copy of Item #16C21
Resolution 2020-114, is attached
for your records.
Thank you!
Ann ✓ennejoAn
13MR Senior Deputy Clerk
Clerk to the Value Adjustment Board
Office: 23 9 -252 -8406
Fax: 239-252-8408 (if applicable)
Avtvt.Jevtvteiohvt@CollierClerkcom
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite -9401
Naples, FL 34112-532.4
www.CollierClerk.cov�
1
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RESOLUTION No. 2020 - 1 1 4
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING A COLLIER COUNTY STANDARD 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, Florida, 34142.
WHEREAS, the Collier County Standard Form Long -Term Lease Not -For -Profit Entity (Lease)
provides for a thirty-year term commencing on the date that the Board of County Commissioners
approves the Lease, with an annual rent of One Dollar ($1).
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 COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County 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 �� l` 2020, after
motion, second and majority vote.
ATTEST:
Crystal K. Kinzel, Clerk
BY. C.
Attests' .. II Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS
COLLIER C UNTY, FLORIDA
BY:
— 1�\ r), _)R a -
Jenni A. Belpedio, A ant County Attorney
BURT L. SAUNDERS, Chairman
item # 1GO
Agenda �/
Date f� '
Date
Rey d
16C2
COLLIER COUNTY STANDARD FORM
LONG-TERM LEASE
NOT -FOR -PROFIT ENTITY
" ~
This Long -Term Lease (hereinafter referred to as "Lease") is entered into this 7day
of 2020, by and between SNIP COLLIER INC., a not for profit corporation
duly organi ed under the laws of Florida, whose mailing address is 6491 Sable Ridge Lane, Naples,
Florida 34109, hereinafter referred to as "Lessee", and Collier County, a political subdivision of
the State of Florida, whose mailing address is, in care of Real Property Management, 3335
Tamiami Trail East, Naples, Florida 34112, hereinafter referred to as "Lessor," collectively stated
as the "Parties."
RECITALS:
WHEREAS, Florida Statutes Section 125.38 provides that if a corporation or other
organization not for profit which may be organized for the purposes of promoting community
interest and welfare, should desire any real or personal property that may be owned by any county
of this state or by its board of county commissioners, for public or community interest and welfare,
then such corporation or organization may apply to the board of county commissioners for a
conveyance or lease of such property, and that such board, if satisfied that such property is required
for such use and is not needed for county purposes, may thereupon convey or lease the same at
private sale to the applicant for such price, whether nominal or otherwise, as such board may fix,
regardless of the actual value of such property; and
WHEREAS, Lessee, a duly organized not -for -profit corporation, has applied to the Board
of County Commissioners for a Lease of certain property which the Board has determined is not
presently needed for County purposes; and
WHEREAS, it is the Board's finding that it is in the public interest to lease this property
to Lessee on the terms and conditions set forth below.
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and
valuable consideration exchanged amongst the Parties, and in consideration of the covenants
contained herein, the Parties hereby enter into this Lease on the following terms and conditions:
1. Conveyance. On the terms and conditions set forth in this Lease, and in
consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the
present possessory interest in the Leased Premises described below.
2. Description of Leased Premises. The Leased Premises which is the subject of this
Lease is a parcel improved with a building located at 323 Sergeant Joe Jones Road, Immokalee,
Florida 34142, Collier County, Florida, as shown on Exhibit "A," hereinafter referred to as the
"Premises."
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3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all
of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now
recorded against the Premises;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. Lessee's satisfactory performance of all terms and conditions of this Lease.
4. Use of Premises. The purpose of this Lease is for Lessee to operate a clinic and
hospital for domestic animals, which use the Board of County Commissioners has found to be in
the public's interest. Accordingly, Lessee shall utilize the Leased Premises in strict accordance
with Exhibit `B." Lessor shall have the right to terminate this Lease should Lessee utilize the
Premises in any manner inconsistent with the approved use. In the event Lessee shall cease to use
the Premises for the purposes described in Exhibit `B," and such cessation of use shall continue
for a period of sixty (60) days, this Lease, at the option of the Lessor, upon thirty (30) days written
notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to the
Lessor within thirty (30) days after notice of such termination. Provided, however, said sixty (60)
day period shall be tolled if such cessation is caused by events beyond the control of the Lessee
such as acts of God or if such cessation is due to closing for reconstruction or repairs to the building
constructed by Lessee on the Leased Premises.
5. Permissible Alternations and Additions to Premises. Lessee may not make any
alterations or additions to the Leased Premises without obtaining Lessor's prior written consent,
which consent may not be unreasonably withheld. Lessee shall submit to Lessor plans and
specifications for all alterations and additions at the time Lessor's consent is sought.
6. Term of Lease. The term of this Lease shall commence on the date first above
written, and unless terminated earlier by the Parties, shall terminate on the 30t' anniversary date of
this Lease. There is no option to renew, but the Parties may renegotiate the terms of this Lease at
least ninety days prior to the expiration. If Lessee holds over after the expiration of the lease term,
such tenancy shall be from month -to -month under all of the terms, covenants and conditions of
this Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises
as a holdover.
7. Rent. The Lessee agrees to pay the Lessor the sum of $1.00 per annum, in advance,
for each year of the term.
8. Net Lease. This is a fully net lease, with Lessee responsible for all costs, fees and
charges concerning the Premises. Accordingly, Lessee shall promptly pay when due and prior to
any delinquency all costs, fees, taxes, trash removal services, assessments, utility charges, impact
fees and obligations of any kind that relate to the Premises. Lessee will indemnify and hold Lessor
harmless from any and all claims, costs and obligations arising from Lessee's use of the Premises.
In case any action or proceeding is brought against Lessor by reason of Lessee's use of the
Premises, Lessee shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom
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and shall defend such action or proceeding if Lessor shall so request, at Lessee's expense, by
counsel reasonably satisfactory to Lessor. It is specifically agreed however, that Lessor may at its
own cost and expense participate in the legal defense of such claim, with legal counsel of its
choosing.
9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises,
and shall promptly remove any and all liens placed against the Premises. All persons to whom
these presents may come are put upon notice of the fact that the interest of the Lessor in the
Premises shall not be subject to liens for improvements made by the Lessee and liens for
improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien
on the interest of the Lessor in the Premises or any part of either. This notice is given pursuant to
the provisions of and in compliance with Section 713.10, Florida Statutes.
10. Lessee's Obligation to Maintain Premises and Comply with All Lawful
Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any expense
to the Lessor, shall keep and maintain the Premises in good, sanitary and neat order, condition and
repair, and shall abide with all lawful requirements. Such maintenance and repair shall include,
but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing,
and air conditioning). Such repair may also include structural repair, if deemed necessary by the
Lessee. If the Premises are not in such compliance in the reasonable opinion of Lessor, Lessee
will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt
of such notice and prosecuted diligently until corrective action is completed, Lessor may cause the
same to be corrected and Lessee shall promptly reimburse Lessor for the expenses incurred by
Lessor, together with a 5% administrative fee.
11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has
not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive right
to use the Premises during the term of this Lease. During the term of this Lease, Lessee may erect
appropriate signage on the Leased Premises and the improvements constructed by Lessee thereon.
Any such signage shall be in compliance with all applicable codes and ordinances.
12. Casualty and Condemnation
a. Casualty. If the Premises are destroyed, rendered substantially inhabitable, or
damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or other
casualty, and Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to
rebuild or restore the Premises to substantially its condition prior to such casualty event unless the
Lessor provides the Lessee with a written determination that rebuilding or restoring the Premises
to such a condition with the Proceeds within a reasonable period of time is impracticable or would
not be in the best interests of the Lessor, in which event, Proceeds shall be shall be promptly
remitted to Lessor, and insurance Proceeds shall be divided between Lessor and Lessee as the
Lessee shall be entitled to the Proceeds for Lessee's fixtures and personal property. If the Lessor
elects not to repair or replace the improvements, then Lessee or Lessor may terminate this Lease
by providing notice to the other party within ninety (90) days after the occurrence of such casualty.
The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless
extended by mutual written agreement of the Parties. During the period between the date of such
casualty and the date of termination, Lessee will cease its operations as may be necessary or
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appropriate. If this Lease is not terminated as set forth herein, or if the Premises is damaged to a
less than material extent, as reasonably determined by Lessee and Lessor, Lessee will proceed with
reasonable diligence, at no cost or expense to Lessor, to rebuild and repair the Premises to
substantially the condition as existed prior to the casualty.
b. Condemnation. Lessor may terminate this Lease as part of a condemnation
project. Lessor will use its best efforts to mitigate any damage caused to Lessee as a result
of such termination; however, in no event will Lessor be liable to Lessee for any
compensation as a result of such termination.
13. Access to Premises. Lessor, its duly authorized agents, contractors, representatives
and employees, shall have the right after a minimum of 24 hours written notice to Lessee, before
entering the Premises during normal business hours, or such other times with the consent of Lessee,
to inspect the Premises, verify compliance with the terms of this Lease, or make any required
repairs not being timely completed by Lessee.
14. Termination and Surrender. Unless otherwise mutually agreed by the Parties,
within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of the
Premises to Lessor in good condition and repair, reasonable wear and tear excepted. Lessee shall
have the right at any time during Lessee's occupancy of the Premises to remove any of its personal
property (trailers, pods or industry fixtures), equipment, and signs provided, however, at the
termination of this Lease, Lessor shall have the option of either requiring Lessee to demolish and
remove all improvements made by Lessee to the Premises upon Lessee's vacation thereof, or to
require Lessee to retain said improvements with fixtures on the Premises which improvements and
fixtures will become the property of the Lessor upon Lessee's vacation of the Premises.
15. Assignment. This Lease is personal to Lessee. Accordingly, Lessee may not assign
this Lease or sublet any portion of the building constructed on the Premises by Lessee without the
express prior written consent of the Lessor, which consent will not be unreasonably withheld in
Lessor's sole discretion. Any purported assignment or sublet without the express written consent
of Lessor shall be considered void from its inception, and shall be grounds for the immediate
termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessee.
16. Insurance.
a. Lessee shall provide and maintain a Commercial General Liability insurance
policy, approved in writing by Lessor and the Collier County Risk Management
Department, for not less than Three Million and 00/100 Dollars ($3,000,000.00) combined
single limits during the term of this Lease. If such amounts are less than good insurance
industry practice would require, Lessor reserves the right to increase these insurance limits
by providing Lessee with at least sixty (60) days' advance notice to do so.
b. In addition, Lessee shall provide and maintain Worker's Compensation
Insurance covering all employees meeting the then existing Statutory Limits in compliance
with the applicable state and federal laws. The coverage shall include Employer's Liability
with a minimum limit of One Hundred Thousand and 00/100 Dollars ($100,000.00) per
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each accident. If such amounts are less than good insurance industry practice would
require, Lessor reserves the right to increase these insurance limits by providing Lessee
with at least sixty (60) days' advance notice to do so.
c. Lessee shall also maintain standard fire and extended coverage insurance on the
additions and improvements located on the Premises and all of Lessee's property located
on or in the Premises including, without limitation, furniture, equipment, fittings,
installations, fixtures (including removable trade fixtures), personal property and supplies,
in an amount not less than the then -existing full replacement value.
d. Business Automobile Liability Insurance, and Business Boat Liability
Insurance, for automobiles and boats used by Lessee in the course of its performance under
this Lease, including Employer's Non -Ownership and Hired Auto Coverage, each said
policy in amounts of One Million and 00/100 Dollars ($1,000,000.00) combined single
limit per occurrence. If such amounts are less than good insurance practice would require,
Lessor reserves the right to increase these insurance limits by providing Lessee with at least
sixty (60) days' advance notice to do so.
e. Pollution Liability insurance covering the accidental discharge and clean up of
pollutants shall be maintained by the Lessee in an amount of not less than Five Million and
00/100 dollars ($5,000,000) per occurrence. Such coverage shall cover third party liability
and clean up coverage.
f. Lessor shall be named as an additional insured on the Commercial General
Liability insurance policy. Lessor shall also be added as an additional insured on the
Property Insurance policy as their interest may appear. The above -described insurance
policies shall list and continuously maintain Lessor as an additional insured thereon.
Evidence of such insurance shall be provided to Lessor and the Collier County Risk
Management Department, 3311 East Tamiami Trail, Administration Building, Naples,
Florida, 34112, for approval prior to the commencement of this Lease; and shall include a
provision requiring not less than ten (10) days prior written notice to Lessor in the event of
cancellation or changes in policy(ies) coverage. If such amounts are less than good
insurance practice would require, Lessor reserves the right to reasonably amend their
insurance requirements by issuance of notice in writing to Lessee, whereupon receipt of
such notice Lessee shall have thirty (30) days in which to obtain such additional insurance.
The issuer of any policy must have a Certificate of Authority to transact insurance business
in the State of Florida and must be rated "A" or better in the most current edition of Best's
Insurance Reports. Each insurer must be responsible and reputable and must have financial
capacity consistent with the risks covered. Each policy must contain an endorsement to
the effect that the issuer waives any claim or right of subrogation to recover against Lessor,
its employees, representatives and agents.
g. Failure to continuously abide with all of these insurance provisions shall be
deemed to be a material breach of this Lease and Lessor shall have the remedies set forth
below.
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17. Defaults and Remedies.
a. Defaults by Lessee. The occurrence of any of the following events and the
expiration of the applicable cure period set forth below without such event being cured or
remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law:
i. Abandonment of Premises or discontinuation of Lessee's operation.
ii. Lessee's material misrepresentation of any matter related to this Lease.
iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy.
iv. Adjudication as bankrupt.
V. Making of a general assignment of the benefit of creditors.
vi. If Lessee suffers this Lease to be taken under any writ of execution and/or
other process of law or equity.
vii. Lessee's loss of its federal IRS tax exempt status.
viii. Lessee's failure to utilize the Premises as set forth in Exhibit B.
ix. Any lien is filed against the Premises or Lessee's interest therein or any part
thereof in violation of this Lease, or otherwise, and the same remains
unreleased for a period of sixty (60) days from the date of filing unless
within such period Lessee is contesting in good faith the validity of such
lien and such lien is appropriately bonded.
X. Failure of Lessee to perform or comply with any material covenant or
condition made under this Lease, which failure is not cured within ninety
(90) days from receipt of Lessor's written notice stating the non-compliance
shall constitute a default (other than those covenants for which a different
cure period is provided), whereby Lessor may, at its option, terminate this
Lease by giving Lessee thirty (30) days written notice unless the default is
fully cured within that thirty (30) day notice period (or such additional time
as is agreed to in writing by Lessor as being reasonably required to correct
such default). However, the occurrence of any of the events set forth above
shall constitute a material breach and default by Lessee, and this Lease may
be immediately terminated by Lessor except to the extent then prohibited
by law.
b. Remedies of Lessor.
In the event of the occurrence of any of the foregoing defaults, Lessor, in
addition to any other rights and remedies it may have, shall have the
immediate right to re-enter and remove all individuals, entities and/or
property from the Premises. Such property may be removed and stored in
a public warehouse or elsewhere at the cost of and for the account of Lessee,
all without service of notice or resort to legal process and without being
deemed guilty of trespass, or being liable for any loss or damage which may
be occasioned thereby. If Lessee does not cure the defaults in the time
frames as set forth above, and Lessor has removed and stored property,
Lessor shall not be required to store for more than thirty (30) days. After
Cal
such time, such property shall be deemed abandoned and Lessor shall
dispose of such property in any manner it so chooses and shall not be liable
to Lessee for such disposal.
ii. If Lessee fails to promptly pay, when due, any full installment of rent or any
other sum payable to Lessor under this Lease, and if said sum remains
unpaid for more than five (5) days past the due date, the Lessee shall pay
Lessor a late payment charge equal to five percent (5%) of each such
payment not paid promptly and in full when due. Any amounts not paid
promptly when due shall also accrue compounded interest of two (2%)
percent per month or the highest interest rate then allowed by Florida law,
whichever is higher ("Default Rate"), which interest shall be promptly paid
by Lessee to Lessor.
iii. Lessor may sue for direct, actual damages arising out of such default of
Lessee or apply for injunctive relief as may appear necessary or desirable
to enforce the performance and observance of any obligation, agreement or
covenant of Lessee under this Lease, or otherwise. Lessor shall be entitled
to reasonable attorneys' fees and costs incurred arising out of Lessee's
default under this Lease.
iv. Lessor shall remedy any damage incurred to the Premises due to Lessor's
negligence.
c. Default by Lessor. Lessor shall in no event be charged with default in the
performance of any of its obligations hereunder unless and until Lessor shall have failed to
perform such obligations within thirty (30) days (or such additional time as is reasonably
required to correct such default) after written notice to Lessor by Lessee properly and in
meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed
to perform any such obligation(s).
d. Remedies of Lessee. In partial consideration for the nominal rent charged to
Lessee, Lessee hereby waives any claim it may have to direct or indirect monetary damages
it incurs as a result of Lessor's breach of this Lease, and also waives any claim it might
have to attorneys' fees and costs arising out of Lessor's breach of this Lease. Lessee's
remedies for Lessor's default under this Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Lessor under this Lease.
ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably
necessary work and incur all reasonable costs on behalf of and at the
expense of Lessor. Lessor will pay Lessee on demand all reasonable costs
incurred and any amounts so paid by Lessee on behalf of Lessor, with no
interest.
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e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either
party is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy will be cumulative and in addition to every other remedy given under
this Lease or hereafter existing under law or in equity. No delay or omission to exercise
any right or power accruing upon any event of default will impair any such right or power
nor be construed to be waived, but any such right and power maybe exercised from time to
time and as often as may be deemed expedient.
f. Non -Waiver. Every provision hereof imposing an obligation upon Lessee is a
material inducement and consideration for the execution of this Lease by Lessee and
Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Lease will
be deemed for any purpose to be a waiver of any breach of any other provision hereof or
of any continuing or subsequent breach of the same provision, irrespective of the length of
time that the respective breach may have continued.
Miscellaneous Legal Matters
18. This Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then -
current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure,
either party may file an action in the Circuit Court of Collier County to enforce the terms of this
Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
19. This Lease contains the entire agreement of the Parties with respect to the matters
covered by this Lease and no other agreement, statement or promise made any party, or to any
employee, officer or agent of any party, which is not contained in this Lease shall be binding or
valid. Time is of the essence in the doing, performance and observation of each and every term,
covenant and condition of this Lease by the Parties.
20. In the event state or federal laws are enacted after the execution of this Lease, which
are applicable to and preclude in whole or in part the Parties' compliance with the terms of this
Lease, then in such event this Lease shall be modified or revoked as is necessary to comply with
such laws, in a manner which best reflects the intent of this Lease.
21. Except as otherwise provided herein, this Lease shall only be amended by mutual
written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be
given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight
delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given
within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For
the purpose of calculating time limits which run from the giving of a particular notice the time
shall be calculated from actual receipt of the notice. Time shall run only on business days which,
for purposes of this Lease shall be any day other than a Saturday, Sunday or legal public holiday.
Notices shall be addressed as follows:
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If to Lessor: Real Property Management
3335 Tamiami Trail, Suite 101
Naples, Florida 34112
If to Lessee: Mr. Tom Kepp
SNIP Collier Inc.
6491 Sable Ridge Lane
Naples, Florida 34109
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
22. Lessee is an independent contractor, and is not any agent or representative or
employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf of
Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither
party will have the right or authority to bind the other party without express written authorization
of such other party to any obligation to any third party. No third party is intended by the Parties
to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party
hereto or otherwise. Nothing contained in this Lease will constitute the Parties as partners or joint
ventures for any purpose, it being the express intention of the Parties that no such partnership or
joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation
time, sick pay, or other welfare or retirement benefits normally associated with an employee -
employer relationship and that Lessor excludes Lessee and its employees from participation in all
health and welfare benefit plans including vacation, sick leave, severance, life, accident, health
and disability insurance, deferred compensation, retirement and grievance rights or privileges.
23. Neither party to this Lease will be liable for any delay in the performance of any
obligation under this Lease or of any inability to perform an obligation under this Lease if and to
the extent that such delay in performance or inability to perform is caused by an event or
circumstance beyond the reasonable control of and without the fault or negligence of the party
claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or
undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action,
economic sanction or embargo, civil strike, work stoppage, slow -down or lock -out, explosion, fire,
earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the
binding order of any governmental authority.
24. Lessee will not transport, use, store, maintain, generate, manufacture, handle,
dispose, release or discharge any Hazardous Materials upon or about the Leased Premises, nor
permit employees, representatives, agents, contractors, sub -contractors, sub -sub -contractors,
material men and/or suppliers to engage in such activities upon or about the Leased Premises.
25. In compliance with Section 404.056, Florida Statutes, all Parties are hereby made
aware of the following: 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
6
in buildings in Florida. Additional information regarding radon and radon testing may be obtained
from your County Public Health Department.
26. Lessee shall execute this Lease prior to it being submitted for approval by the Board
of County Commissioners. This Lease may be recorded by the County in the Official Records of
Collier County. Florida. within fourteen (1.1) days after the County enters into this Lease. at
Lessee's sole cost and expense.
IN WITNESS WHEREOF. the Lessee and lessor have hereto executed this Lease the day
and year first above written.
AS TO THE LESSEE:
�U"/,
7
Witness ' nature)
4,kcic a S-:11 -1aS
(print name)
q,2 zo 4
Wii less,,(signature)
�//�
(print name)
AS TO THE LESSOR: /. /y
ATTEST v'- ,
Cryst, 1*.:l.'C•l0k.
By: d I,GLen
. I) puty Clerk
Attest" as to' Ilk
signature only.
Approved as to form and legality:
SNIP COLLIER INC.
By
,rd( 4 KEP . Pr ent
BOARD OF COUNTY COMMISSIONERS,
COLLIER C UNTY. FLORIDA
By:
BURT L. SAUNDERS, CHAIRMAN
v
Y
3—en- "Bel io. is nt County Attorney
y
10
16 CZ
Exhibit `A'
323 Sergeant Joe Jones Road
Immokalee, Florida
11
16C2
EXHIBIT 'B'
• Health care clinic for domestic animals that provides:
• Low-cost vaccinations
• Spay and neuter services
• Shelter and education classes
12
!6Ce
RIDER
1) Lessee shall be granted access to the Premises at all times, and shall be required to secure the
property by keeping the gate closed. If the gate should be locked, Lessee's staff, guests, vendors,
invitees shall gain access to the Premises by accessing the Call Box located outside the gate.
2) Lessee shall be permitted to operate the facility seven -days per week.
3) Lessee and its staff may be required to be fingerprinted per County policy and shall be responsible
for any costs associated with back -ground inquiries and fingerprinting.
4) Lessee has requested a due diligence period to assess the condition of the Premises to determine
the extent of necessary improvements, and to obtain proposals for those improvements. If Lessee
is unable to obtain sufficient funding to improve the Premises as required, Lessee shall notify
Lessor in writing by November 1, 2020, and upon Lessor's receipt of the written notice, this
Agreement shall be come null and void.
5) There is one water meter for the entire County -owned property which is occupied by Collier
County Road Maintenance and the Lessee. The Lessor shall invoice the Lessee for monthly water
use based on Lessee's leased square footage, and shall be invoiced on at least a quarterly basis.
The electrical meter is separate, and Lessee shall be responsible for the procurement of and direct
payment to the utility provider, LCEC.
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