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Backup Documents 10/27/2020 Item #16C 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 3 v L C V L THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney �}„ „ ,O'az`,�„'0 2. BCC Office Board of County tJ� �` Commissioners 3. Minutes and Records Clerk of Court's Office ` /0/ `I , 3/* tut._ PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees •above,may need to contact staff for additional or missing information. Name of Primary Staff Michael Dowling Phone Number 8743 Contact/ Department Agenda Date Item was October 27,2020 Agenda Item Number 16 C 6 Approved by the BCC Type of Document Fifth Amendment to Lease Agreement with Number of Original 1 Attached Goodwill Industries of SW Florida, Inc. Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Sk+FW.—_ OvC 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 gj 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 BCC on 8-25-2020,and all changes made during MD zo the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. , 9. Initials of attorney verifying that the attached document is the version approved by the y BCC,all changes directed by the BCC have been made, and the document is ready for the 1 �I � ; Chairman's signature. I ' I: 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 16C6 MEMORANDUM Date: October 30, 2020 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Teresa Cannon, Sr. Deputy Clerk Boards Minutes & Records Department Re: Fifth Amendment to Lease Agreement w/Goodwill Industries of SW Florida, Inc. Attached are two originals of the document referenced above (Item #16C6), approved by the Board of County Commissioners on Tuesday, October 30, 2020. The Board's Minutes & Records Department has kept the original document for the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment l6C6 Lease#947 FIFTH AMENDMENT TO LEASE AGREEMENT THIS FIFTH AMENDMENT TO LEASE AGREEMENT entered into this I day of ✓� , 2020. by and between Collier County. a political subdivision of the State of Florida, whose ailing address is 3335 East Tamiami Trail. Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSEE,"and Goodwill Industries of Southwest Florida. Inc.,a not for profit Florida corporation, whose mailing address is 5100 Tice Street,Fort Myers, Florida 33905,hereinafter referred to as "LESSOR." WITNESSETH WHEREAS. Collier County and Goodwill Industries of Southwest Florida, Inc. have previously entered into a Lease Agreement dated April 22, 2008, hereinafter referred to as `Lease Agreement,' and a First Amendment to Lease Agreement dated November 14. 2011, a Second Amendment to Lease Agreement dated October 8, 2013. a Third Amendment to Lease Agreement dated June 23, 2015, and a Fourth Amendment to Lease Agreement dated December 8. 2015,collectively hereinafter referred to as 'Amendments.' WHEREAS,the LESSOR and LESSEE are desirous of amending the lease Agreement to extend the lease term. NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement and said Amendments, which are attached herein and made a part hereof, and Ten Dollars($10.00)and other valuable consideration,said Lease Agreement is hereby amended as follows: I. The following provision shall be added to Article 2 of the Lease Agreement: The Lease is hereby extended until December 31,2021. 2. Except as expressly provided herein, the Lease Agreement between Collier County, a political subdivision of the State of Florida, and Goodwill Industries of Southwest Florida, Inc., for the utilization of the Demised Premises described in said Lease Agreement dated April 22. 2008,and the Amendments dated November 14, 2011. October 8, 2013, June 23. 2015, and December 8, 2015, shall remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Fifth Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: gill 24 GOODWILL. INDUSTRIES OF SOUTHWEST FLO IDA. INC.,a not for profit Florida Corporation WJ> SES: BY: tness(Signature) (Signs ) �ns r (Pratt Name) (Print name and title) tiad W ness(Signature)9 I ripper) (P nt Name) LESSEE'S signature appears on the following page. 0 16C6 AS TO THE LESSEE: DATED: i'OJ/.mil /.,,,1--.4-) BOARD OF COUNTY COMMISSIONERS. ATST COLLIER COUNTY, FLORIDA Crystal K. Kinzei.Clerk - o �►� k ,C&,ut , BY: " :Aar 1 BURT L. SAUNDERS, Chairman - .Ci!iairr an signature only,. Approved as to form and legality: a0 c4. Jeer A. Belpe io, stant County Attorney ,r57 0 2 16C6 1 1 . LEAS$AGREEMENT THIS LEASE AGREEMENT ante into thisoe' day of nPe-,L , 2008, between Goodwill Industries of Southwest Florida,Inc., not for profit Florida corporation,whose mailing address is 4940 Bayline Drive, North Fort Myers, ride 33917, hereinafter referred to as "LESSOR," and COLLIER COUNTY,a political subdivision of the State of Florida,whose mailing address is 3301 East Tamiami Trail,Naples,Florida 34112,hereinafter referred as"LESSEE." W ITNESSETH In consideration of the mutual covenants contained herein,and otheir valuable consideration,the parties agree as follows: ARTICLE 1. Demised jleigisel LESSOR hereby leases to LESSEE and LESSEE hereby leases Som LESSOR approximately Three Thousand Three Hundred (3,300) square feet of unfurnished office apace located at 907 Roberts Avenue, Immokalee. Florida 34142, hereinafter referred to as the "Demised Premises", for the sole purpose of operating a government office. t ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for one(1)year fommencing January 1,2008 and terminating on December 31,2008. LESSEE is granted the option,provided it is not in default of any of the terms of this Lease,to renew same for three(3)additional terms of one(1)year each,under the terms and conditions as provided herein,by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty(30) days prior to the expiration of the leasehold estate hereby created or the one(1)year renewal period then in effect. Said notice period shall commence upon placement of the written r.otice in art official depository of the United States Post Office,Registered or Certified Mail,Postage Prepaid. LESSEE may terminate this Lease,with or without cause,upon thirty(30)days prior written notice to the other party,without payment of rent after the thirty(30)day period,costs,or penalty by the County. Said notice shall sent be to the addresses as set forth in this Lease Agreement and shall become effective upon placement of said notice in an official depository of the United States Post Office, Registered or Certified Mail,postage prepaid. ARTICLE 3. ]tent : • Other Charges LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of One Thousand Dollars($1,000.00)monthly. Following the end of the first full year of tenancy,the annual rental amount shall increase by four(4) percent for each ensuing year thereafter and any renewal terms thereof. LESSOR shall pay all charges pertaining to LESSEE'S use of the Demised Premises to include air-conditioning and plumbing systems, all utility charges for electricity, water, sewer, telephone, pest control and janitorial services. All rental payments shall be due payable in advance on the first day of every calendar month during the teen hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Modifications to Demised Premises Prior to making any other changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval,specifying in writing the nature and extent of the desired alteration,improvement,change,or addition,along with the contemplated starting and completion time for such project LESSOR or its designee will then have thirty(30)days 16C6 within which to appro or deny in writing said request for changes, improvements, alterations or additions. LESSOR not unreasonably withhold its consent to required or appropriate alterations, improvements, changes r additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR r its designee to said proposals or plans,then such silence shall be deemed as an approval to such request f LESSEE. LESSEE cove is and agrees in connection with any maintenance, repair work, erection, construction, improv t, addition or alteration of any authorized modifications, additions or improvements to the D 'sod Premises,to observe and comply with all then and future applicable laws, ordinances,rules,regula ns,and requirements of the United States of America,State of Florida,County of Collier,and any and governmental agencies. All alterations,i vements,and additions to said Demised Premises installed by LESSEE shall remain the property of SEE and prior to the termination of this Lease or any renewal term thereof,or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations,fixtures and installations which were placed in,on or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal of said alterations, improvements,and additions. If LESSEE does not remove those items designated by LESSOR,LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 5. Assi ent nd Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms,conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. However,LESSEE shall be permitted, without notice to LESSOR, to utilize the Demised Premises for any other Department within the jurisdiction of the LESSEE if the Demised Premises shall no longer be needed by the Department intended for this Lease. ARTICLE 6. Insurance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00/100 Cents(S1,000,000.00)single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE. ARTICLE 7. Maintenance LESSEE shall keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty(30) days of receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 8. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period(or such additional time as is reasonably required to correct such default). ARTICLE 9. Default 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 notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 2 16C6 ARTICLE 10. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSEE: LESSOR: Real Property Management Goodwill Industries of Southwest Florida,Inc. 3301 Tamiami Trail East 4940 Bayline Drive Administration Building Fort Myers,Florida 33917 Naples,Florida 34112 (Attention:Bob Haenggi,VP Development Services Attn: Office of the County Attorney ARTICLE 11. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises upon expiration of this Lease,or its earlier termination as herein provided,in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof,ordinary wear and tear and damage by fire or the elements excepted. ARTICLE 12. General Provisions LESSEE expressly agrees for itself,its successor and assigns,to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. LESSEE covenants and agrees not to use,occupy,suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law f r the rules or regulations of any public authority. 1 ARTICLE 13. Radon Gas 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 in buildings in Florida. Additional information regarding radon and radon testing may be obtained from Collier County Public Health Department. ARTICLE 14. effective DgX This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 15. Govemina Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA DA •M42 �. d BY• BY: Deputy Clerk TOM G, haitman Atilt MI to• • sfptut,ti1'e 3 16C6 AS TO THE LESSOR: DATED: .ri//1" GOODWILL INDUSTRIES OF SOUTHWEST, FLORIDA,INC.,a not for profit Florida corporation ATTES : BY: J WITNESS(signature) fr-g /04/7* A/c-7, (print name and title of offic' Print Name WITNESS si re) Print Name Approved as to form and legal sufficiency: Jenni r A.BelOedio,Assistant County Attorney*Cep 4 16C6 License#947 FIRST AMENDMENT TO(.EASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this 1_4'4.. day of Nco...tr.tr .2011 at Naples,Collier County.Florida by and between Collier County.a political subdivision of the State of Florida.whose mailing address is 3301 East Tamiami Trail,Naples,Florida 34112, hereinafter referred to as 'LESSEE."and Goodwill Industries of Southwest Florida,Inc.,a not for profit Florida corporation. whose mailing address is 4940 Baylinc Drive, North Fort Myers. Florida 33917, hereinafter referred to as"LESSOR... WITNESSETH WHEREAS.Collier County and Goodwill Industries of Southwest Florida,Inc have previously entered into a Lease Agreement dated April 22,2008; WHEREAS,the LESSOR and LESSEE.are desirous of amending the Lease Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated Apnl 22. 2008. attached herein and made a part hereof, and Ten Dollars (SI0.00) and other valuable consideration,said Lease Agreement is hereby amended as follows: I. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until December 31.2012,hereinafter referred to as the"Extended Lease Term."and LESSEE is granted the option,provided it is not then in default of any of the terms of this Lease,to renew same for two (2) additional one (1) year terms, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty(30)days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 10 of the Lease Agreement. Said notice shall be effective upon actual receipt by I.ESSOR. 2. Except as expressly provided herein, the Lease Agreement between Collier County. a political subdivision of the State of Florida,and Goodwill Industries of Southwest Florida,Inc.,for the utilization of the Demised Premises described in said Lease Agreement dated April 22, 2008. remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and year first above written AS TO THE LESSOR: DA I'ED: ii/i /i� GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA,INC.,a not for profit Florida Corporation WITNESSES: Witness(Signature) (Signature) Slephant e k'eeorciS rrc� R.�kw-il 4 c t�•,:dr,kcF' (era: ScrrfccJ (Print Name) (Print name and title) Witness ignature) (Print Name) (Lessee's signature appears on next page) 16C64 • AS TO THE LESSEE: DATED: 211 S' '` BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER COUNTY,FLORIDA DWIGHT,l; BROCK,Clerk BYi ..... ... ._ 1 BY: w. FRED W COYLE,ClatiV2L 6111111.1 Approved as t fo. legal sufficiency: . -I ._ County Attorney 2 16C6 License#947 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this s day of c rub .. r . 2013. by and between Collier County, a political subdivision of the State of Florida. whose mailing address is 3335 East Tamiami Trail. Suite 101. Naples, Florida 34112. hereinafter referred to as "LESSEE." and Goodwill Industries of Southwest Florida. Inc.. a not for profit Florida corporation. whose mailing address is 4940 Bay line Dri.e. North Fort Myers. Florida 13917. hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Inc. have previously entered into a Lease Agreement dated April 22.2008. hereinafter referred to as 'Lease Agreement.' and a First Amendment to Lease Agreement dated November 14. 2011. hereinafter referred to as the 'Amendment.' WHEREAS the LESSOR and LESSEE are desirous of amending the Lease Agreement. NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement and said Amendment. which are attached herein and made a part hereof. and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: I. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until December 31. 2015. hereinafter referred to as the"Extended I.ease Term." and LESSEE is granted the option. provided it is not then in default of any of the terms of this Lease.to renew same for two (2) additional one (1) year terms. under the terms and conditions as provided herein, b) giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty(30) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR. LESSEE. however, reserves the right to terminate this Lease, with or without cause, upon sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 10 of the Lease Agreement. Said notice shall be effective upon actual receipt by LESSOR. 2. Article 3 shall he deleted and replaced with the following provision: Article 3. Rent and Other Charges LESSEE hereby covenants and agrees to pay, as base rent for the Demised Premises, the sum of One Thousand One Hundred Twenty-three Dollars and Eighty-two Cents ($1,123.82) monthly as of May 1, 2013. Following the end of the first full year of tenancy. the annual rental amount shall increase by four(4) percent for each ensuing year thereafter and any renewal terms thereof. LESSEE shall pay charges pertaining to its use for basic telephone service and electricity at the Demised Premises,which shall commence as of July 1. 2013. The LESSOR shall invoice the LESSEE with an accounting of the its actual cost for basic telephone service and electric charges. on a quarterly basis, which shall begin as of Jul) I. 2013 and running through to September 30. 2013. The LESSOR shall provide LESSEE with copies of the actual utilit. companies' invoices as back-up to the invoices. If LESSOR should sublease the Demised Premises to another part. during off-hours, at times when LESSEE is not in use of the Demised Premises. the LESSOR shall make the appropriate allowance in the quarterly billing charges to LESSEE. The LESSOR shall provide water to the LESSEE at no cost to LESSEE. . . 16C6 • The LESSOR shall provide, maintain, repair or replace, at LESSOR'S sole cost and expense, all air- conditioning systems,plumbing systems,janitorial services, and pest control. All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month. LESSEE shall pay rental equal to one thirtieth (1/30th)of the monthly rental multiplied by the number of rental days of such fractional month. 3. The following provision shall be added to Article 6 of the Lease Agreement: LESSOR shall be named as an additional insured on the General Liability Insurance policy in the amount of One Million Dollars as Goodwill Industries of Southwest Florida,Inc. 4. Except as expressly provided herein, the Lease Agreement between Collier County, a political subdivision of the State of Florida,and Goodwill Industries of Southwest Florida. Inc.,for the utilization of the Demised Premises described in said Lease Agreement dated April 22, 2008. and the Amendment dated November 14, 2011, remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: 1 c,l&&.,13 GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC.,a not for profit Florida Corporation WITNESSES: z4k BY: -fn„--� Witness(Signature) (Signature) LI K £.,,.•,,h), K r(cd 2,41t..ral V'.�A,. .ir.,.ell CSS (Print Name) , J- 1 (Print name and title � 1�-cL iti ess(Signature) 1.--(1.Th IS 143...di k (Print Name) AS TO THE LESSEE: DATED: iW- NC "3 BOARD OF#COUNTY COMMISSIONERS, ATTEST: COLLIER COONTY,FLORIDA DWIGHT E. BROCK.Clerk 7 U BY: De Clerk GEORy A A. ER, BY: ESQ.,Chairwoman Attest as(0 nan aim 's , signature on1 Approved. 1II an• legality: 41 .i r t. 1 Jeffrey A. ow,County Attorney 2 16C6 License t*947 THIRD AMENDMENT TO LEASE AGREEMENT THIS THIRD AMENDMENT TO LEASE AGREEMENT entered into this 4— dav of `' v-a- d , 2015, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSEE," and Goodwill Industries of Southwest Florida, Inc., a not for profit Florida corporation, whose mailing address is 4940 Bayline Drive, North Fort Myers, Florida 33917, hereinafter referred to as "LESSOR " WITNESSETH WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Inc. have previously entered into a Lease Agreement dated April 22,2008, hereinafter referred to as 'Lease Agreement,' and a First Amendment to Lease Agreement dated November 11, 201 1, and a Second Amendment to Lease Agreement dated October 8, 2013,collectively hereinafter referred to as 'Amendments,' WHEREAS, the Lease Agreement is presently on its sixth year cf occupying the premises; WHEREAS,the LESSOR and LESSEE are desirous of amending the Lease Agreement. NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement and said Amendments, which are attached herein and made a part hereof, and Ten Dollars (S10.00)and other valuable consideration, said Lease Agreement is hereby amended as follows The foregoing recitals are true and correct and arc incorporated by reference herein 2. Article 2 of the Lease Agreement is amended as follows. This lease is hereby extended until December 31, 2015, hereinafter referred to as the"Extended Lease Term,"and LESSEE is granted the option, provided it is not then in default of ary of the terms of this Lease,to renew same for tom-{ -t five (5' additional one I i i year terms, under the terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty(30)days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon actual receipt by LESSOR LESSEE. however. reserves the right to terminate this Lease, with or without cause, upon sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 10 of the Lease Agreement as written above Said notice shall be effective upon actual receipt by LESSOR. Article 3 of the Lease Agreement :s amended as follows Article 3. Rent and Other Charges LESSEE hereby covenants and agrees to pay, as base rent for the Demised Premises, the sum of One Thousand One Hundred Twenty-three Dollars and Eighty-two Cents (SI 123 82) monthly as of May 1, 2013. Following the end of the first full year of tenancy, the annual rental amount shall increase by four(4) percent for each ensuing year thereafter and any renewal terms thereof LESSEE shall pay charges pertaining to its use for be;ie telephone service and electricity at the Demised Premises;-which- F . The LESSOR shall invoice the LESSEE with an accounting of the i:s actual cost for eesre telephone service and electric charges, on a quarterly basis, which shall begin as of July 1,2013 . The LESSOR shall provide LESSEE with copies of the actual utility companies' invoices as back-up to the invoices, if LESSOR should sublease the Demised Premises to another party during off-hours, at times when LESSEE is not in use of the Demised Premises, the LESSOR shall make the appropriate allowance in the quarterly billing charges to LESSEE. The LESSOR shai! provide water to the LESSEE at no cost to LESSEE 16C6 The LESSOR shall provide, maintain, repair or replace, at LESSOR'S sole cost and expense, all air- conditioning systems,plumbing systems,janitorial services,and pest control. All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pa} rental equal to one thirtieth (I/30th)of the monthly rental multiplied by the number of rental days of such fractional month. 3. Except as expressly provided herein, the Lease Agreement between Collier County, a political subdivision of the State of Florida,and Goodwill Industries of Southwest Florida, Inc., for the utilization of the Demised Premises described in said Lease Agreement dated April 22. 2008, and the Amendments, remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Third Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: /2• 1.0— GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA. INC..a not for profit Florida Corporation WITNESSES: BY: %1.:,�1 �~ Witness(Signature) `" (Signature) ,C -f a14; �— 0 L. (Print Name) E, .� h, s v t. (Print name and title) 4t( i (Signatt ert j (Print Name) AS TO THE LESSEE: • DATED: w• L. - • BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK. Clerk ,, BY: d_ •.•1 ,. C. BY: / ej` a*C.C_ Attu as f0 s ., Rn lg lerk TIM NANCE,Chairman tignatere only. Approved as to form and legality A stant County y \\J CQ\ 2 16C6 16E3 Lease#947 FOURTH AMENDMENT TO LEASE AGREEMENT THIS FOURTH AMENDMENT TO LEASE AGREEMENT entered into this ) day of , 2015, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Horida 34112, hereinafter referred to as "LESSEE," and Goodwill Industries of Southwest Florida, Inc., a not for profit Florida corporation, whose mailing address is 5100 Tice Street, Fort Myers, Florida 33905, hereinafter referred to as "LESSOR." WITNESSF'I'H WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Inc.have previously entered into a Lease Agreement dated April 22,2008,hereinafter referred to as'Lease Agreement,' and a First Amendment to Lease Agreement dated November 14, 2011,a Second Amendment to Lease Agreement dated October 8,2013, a and Third Amendment to Lease Agreement dated June 23, 2015, collectively hereinafter referred to as 'Amendments.' WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement to require LESSEE to pay electric and communications utilities directly to the provider; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement and said Amendments, which are attached herein and made a part hereof, and Ten Dollars (S10.00)and other valuable consideration,said Lease Agreement is hereby amended as follows: I. The following provision shall be added to Article 3 of the I ease Agreement. Article 3. Rent and Other Charges LESSEE hereby covenants and agrees to pay, as base rent for the Demised Premises, the sum of One Thousand One Hundred Twenty-three Dollars and Eighty-two Cents ($1,123.82) monthly as of May 1, 2013. Following the end of the first full year of tenancy, the annual rental amount shall increase by four(4)percent fur each ensuing year thereafter and any renewal terms thereof. i g telephone service and electricityat the Demised . The I,ESSOR-mil LESSEE shall be responsible for the procurement and the direct payment of electric and communications utilities rendered or supplied thereupon or in connection with the Demised Premises. if LESSOR should sublease the Demised Premises to another party during off-hours, at times when LESSEE is not in use of the Demised Premises, the LESSOR shall make the appropriate allowance in the quarterly billing charges to LESSEE.The LESSOR shall provide water to the LESSEE at no cost to LESSEE. The LESSOR shall provide, maintain, repair or replace, at LESSOR'S sole cost and expense, all air- conditioning systems,plumbing systems;janitorial services,and pest control. All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth(1.%30th)of the monthly rental multiplied by the number of rental days of such fractional month. f G . 16C6 16 E 3 3. Except as expressly provided herein, the Lease Agreement between Collier County, a political subdivision of the State of Florida,and Goodwill Industries of Southwest Florida, Inc.,for the utilization of the Demised Premises described in said Lease Agreement dated April 22, 2008, and the Amendments dated November 14, 201 1,October 8,2013,and June 23,2015,remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WETNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Fourth Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: 2/E//(' GOODWILL. INDUSTRIES OF SOUTHWEST FLORIDA, INC.,a not for profit Florida Corporation WITNESSES: —��� Witness(Sigitaturru ) �� BY: 1 / (Signature) lc..: t2,. ,), k,. P. , , c.ss D (Print Name) (Print name and title) 1 Witness(Signature) r L c,,, 4.t L . ikl,� I-o (Print Name) AS TO THE LESSEE: DATED: /Z,— 8— J" 3 BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIFAjjyrITY,FLORIDA DWIGHT E.BROCj,Clerk / �'k�c2`4• k.sLiQBY: :St as to Ninsig 1Iterk TIM NANCE,Chairman s'inatute only Approved as to form and legality: Jennife .Belpedio,Ass County Attorney _1 1 . ' 1. 0c la-tal,1 c, t 1 6 C6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE McDaniel, William L., Jr. Collier County Board of County Commissioners MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 3299 Tamiami Trail, East, Suite 300 WHICH I SERVE IS A UNIT OF: CITY COUNTY GICITY Cf COUNTY CIOTHER LOCAL AGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Collier County October 27, 2020 MY POSITION IS: LY ELECTIVE Ll APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. * * * * * * * * * * * * * * * * APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8E3-EFF.11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f),F.A.C. 16C6 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST William L. McDaniel, Jr. , hereby disclose that on October 27 20 20 • (a)A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: On October 27, 2020, the Board of County Commissioners will consider Agenda Item 16-C-6, a recommendation to approve and execute a Fifth Amendment to a Lease Agreement with Goodwill Industries of Southwest Florida, Inc., to continue leasing space for the Senior Nutrition Program in Immokalee. I am a member of the Board of Directors of Goodwill Industries of Southwest Florida, Inc. and in an abundance of caution, I will abstain from voting pursuant to Section 286.012, Fla. Stat. to avoid any perceived prejudice or bias. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosi he nature of the interest in such a way as to provide the public with notice of the conflict. October 27, 2020 Date Filed na u NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY UIRED DIS .OSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMF ACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f),F.A.C.