Agenda 03/23/2021 Item #16C5 (Lease Agreement w/American Nat'l Insurance Company)03/23/2021
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with American National Insurance Company to
relocate the office for Pelican Bay Services to another office within the Suntrust Bank building in
Pelican Bay and to approve a Sublease Agreement between Collier County and The Pelican Bay
Foundation.
OBJECTIVE: To approve a Lease Agreement with American National Insurance Company to relocate
Pelican Bay Services to another office within the Suntrust Bank building in Pelican Bay and to approve a
Sublease with The Pelican Bay Foundation to share that office.
CONSIDERATIONS: Pelican Bay Services (PBS) has been leasing office space within the Suntrust
Bank building in Pelican Bay since 1992 and is currently leasing approximately 979 square feet. With
PBS’s staff increasing, and the need for The Pelican Bay Foundation (Foundation) to occupy space, a
larger office is needed.
PBS would like to occupy Suite 102 which consists of 3,399 square feet. PBS will hire a contractor to
renovate the new space. PBS will be subleasing forty-five percent (45%) of the new office to The Pelican
Bay Foundation and rent payments will include the Foundation’s proportionate share of rent and CAM
fees.
The initial lease term will be for seven years with a provision to re new for an additional seven years. The
commencement date for the new lease term will be fifteen days from the issuance of the Certificate of
Occupancy for the new space. The new space is 3,399 square feet with a square foot rental $24 plus $14
per square foot for common area maintenance (CAM) fees. These rates are commensurate with other
properties in the Pelican Bay and North Naples area for Class A office space. The first year’s rent will be
$81,576.00 with the first year’s annual CAM of $47,586. The first year’s combined expense would be
$129,162, but with the cost-sharing, PBS’s portion of those expenses will be $71,039.10. The rent will
increase annually by three (3) percent. The CAM will adjust to reflect PBS’s pro rata share of the
landlord’s cost of actual operating expenses. For the purposes of this Lease, PBS’s share of those
expenses is 5.8010%. PBS will be required to provide the landlord with all applicable insurance
coverages.
The Sublease Agreement reflects the same term and early ter mination provision as contained in the Lease
for PBS. The termination provision in both provides for a one-time right to terminate on the last day of
the 36th lease month upon not less than 6 months nor more than 12 months prior written notice.
FISCAL IMPACT: The annual rent and Common Area Maintenance charges in the amount of
$129,162, for the first year of occupancy, is budgeted in Pelican Bay Municipal Service Taxing/Benefit
Unit Fund (Fund 109) and Pelican Bay Street Lighting (Fund 778). The Foundation's portion of rent and
CAM, including applicable sales tax, shall be deposited into Lease Facilities, Taxable (362192).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATION: The item is approved for form and legality and requires a majority vote
for Board action. - JAB
RECOMMENDATION: That the Board approves the Lease Agreement with American National
Insurance Company and the Sublease with The Pelican Bay Foundation, pending final review by the
Office of the County Attorney, and authorizes the Chairman to execute the documents.
Prepared by: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
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03/23/2021
ATTACHMENT(S)
1. Pelican Bay Foundation Sublease 2021 (PDF)
2. Pelican Bay Services Lease 3-8-2021 (PDF)
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03/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.5
Doc ID: 14378
Item Summary: Recommendation to approve a Lease Agreement with American National
Insurance Company to relocate the office for Pelican Bay Services to another office within the Suntrust
Bank building in Pelican Bay, and to approve a Sublease Agreement between Collier County and The
Pelican Bay Foundation.
Meeting Date: 03/23/2021
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
02/19/2021 5:06 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
02/19/2021 5:06 PM
Approved By:
Review:
Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 02/22/2021 12:26 PM
Facilities Management Toni Mott Additional Reviewer Completed 02/22/2021 5:22 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 02/24/2021 8:31 AM
Facilities Management Damon Grant Director - Facilities Completed 02/24/2021 10:25 AM
Pelican Bay Services Chad Coleman Additional Reviewer Completed 02/25/2021 2:49 PM
Corporate Business Operations Sean Callahan Additional Reviewer Completed 03/02/2021 10:07 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/03/2021 10:22 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Skipped 03/09/2021 3:46 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/12/2021 9:37 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/12/2021 9:45 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/12/2021 10:01 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/12/2021 10:41 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 03/15/2021 4:09 PM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/16/2021 10:29 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM
16.C.5
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Lease No.
SUBLEASE AGREEMENT
TIIIS SUBLEASE AGREEMENT made this day of 2021, hereinafterreferred to as uAgreement,',by and between Collier County, a political subdivision of the State of Florida,
hereinafter referred to as "SUBLESSOR", whose mailing address is, in caro of, Real Property Management, 3335Tamiami Trail Eas! Suite 101, Nafles, F Iorida 341 12, and Pelican Boy Poundation, Inc., hereinafter refened to 8s
'SUBLESSEE', whose mailing address is 5251 pelican Bay Bou levard, Naples, Florida 23108.
WITNESSETH:
Collier County, a political subdivision of the Stat€ of and American National
Insurance Company) as Lessor, entered into a kase Agre€ment dat€d .L...2-/
^ . WHEREAS, Collier County, a politicat subdivision ofthe State ofFlorida, dcsires to subtease a portion ofthe
Subleased Prtmises to Pelican Bay Foundation, Inc,, for the purposc of operating an office for the Lenefit ofthe
rresidents ofPelican Bay. This Agreement is subject to the exiitence ofthe aforesald Lease Agreement,
NOW TIIEREFORE, in considoration of the payment of rents and the performance of the covenants
hereinafter sct forth, ttre parties agr€e as follows:
ARTICLE l. Subleased Premises
__ _SJIB_!ES_S!R does hereby sublease to SUBLESSEE and SUBLESSEE does hereby sublease fromSUBLESSOR rhat certain portion_, approximately forty-five percent of SUBLESSOR'S leased space, or 1,529
square feot, of the Prcmises as shown on Exhibit "A", hereinafto called the ,,subleased premises,,, which is
attached hercto -q 14: a part hereof, situated in the County of Collier and the StaG of Florida, for the purposeof offrce space at the Subleased Premises.
ARTICLE 2. Term of Subleaso Alreoment and Early Termination
SITBLESSEE shall have and hold the Subleased Premises commencing on the day this Agreemont becomes
effective and ending soven years from that date, hereinafter referred to as "Initial tenn;. StniESsEr is granted
the option, provided it is not in default ofany of the terms ofthis l,ease, to renew same for one (1) additional termof seven (7) years, hereinafter *ftn1| !9 as "Extended Term", under the same terms and conditions herein,
er(cept as to the rental amount, as provided herein, by giving written notice of SUBLESSEE,S intention to do so tothe SUBLESSOR not less than ninety (90) days prioi to the expiration of the leasehold estate hereby created orthe renewal term then in effect. Said notico shall be effectivc upon placement of the notice in an ofticialdepository of the United statas -Post office, Rcgistered or certided Mail, postage *r* ; iy electroniccommunication to the SUBLESSOR.
LESSOR and/or SUBLESSOR. reserve the right to tenninat€ this Agreement based upon failure ofSUBLESSEE to perform and/or failure to adhere io any of the terms and-conditions contained within thisAgr€ement, by aither providing the SUBLESSEE with thiay (30) days prior written notice to SUBiESSEE at the
{drey set forfi in tlis Agrecment Said notice shall bc eff€ctive upon placement of notice in an officialdepository ofthc U.S. Post Office, by registercd or certificd mail, postagi prepaid.
- Termination Option: Sublessee shall have a one-time right to terminate the Lease on the last dayof.the 36tr' Lease Month (the "Termination Date"), upon not les; than 6 months nor more than 12 monthsprior wdtten notice and payment to Sublessor, not later than the Termination Date, of the iermination
Fee as hereinafter defined. For the purposes hereof, the ,,Termination Fee" shall beequJio th" ,r- or
'u.
WHEREAS,Florid4 as
16.C.5.a
Packet Pg. 905 Attachment: Pelican Bay Foundation Sublease 2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance
(a) three monlhs' Base Rent at the rate in effect on the Termination Date, plus (b) all lmamortizedb.to!$.s9 jees incuned by Lessor in connection with this Lease amortized on u
"t
uijht-tio" basis overthe Initial Term.
ARTICLE 3. Minimum Rent
SUBLESSEE hereby covenants and agees to pay to LESSOR, as minirnum rcnt for the SubteasedPremises, the $m of $36,709.20 *l*].ry, a1{ ltralt be paid in equal monthty installments of g3,osr.to, aue uythe.first of-each month throughout the life of this Agreement. tire rent shail be inoease by three percent (3%)
T"h y""t following the first term. In addition to rent, SLBLESSEE shall bc rcquir"d tJ p"y iti' portion of
PTTon Arca Maintenance charges _(CAM), which for the first year of the Agreement snalt teiZi3p.zo, anashall tepaid-in equally monthly installments ofgl,784.47, and shall be dus rtoig *itn tt e rent Uy-ttre nrst of eactrmonth. CAM shall be increased annually to reflect the owner's actua[ operating Jrp"n.o.
ARTICLE 4. Utilities
Utilities shall be included in the monthly rent.
ARTICLE 5. SUBLESSEES Default in pavment
In the event SUBLESSEE fails to pay the rentals, fees, or charges as required to be paid under t5e provisions
of this Agreement, on or before the due date, such failure to pay shall constitute a defauli and LESSOR may, at its
optio.n, lelminjate this Agreement after ten (10) days prior written notice to SUBLESSEE, unless the default becured within the ten (10) day notice period. In any event, int€rest at th€ annual rate of ten (10) percent per year
shall accrue g{1{{rg agUnquent paymentr until the same are paid, Implementation of this prJvision shall notpreclude the SUBLESSO& if it so desires, from terminating this Agreemint for default in the iayment ofrentals,
fecs or charges, or from onforcing any other provisions contained herein.
ARTICLE 6. Modification of Subleased premises
...Prior19 mak-i18 any changes, alterations, additions or improvements to the Subleased premises, SUBLESSEEwill provide to LESSOR and SUBLESSOR, alt proposals and plans for alterations, improvements, changes oradditions to the Subleased Premises for LESsoR,s ;nd slrBldssoR s written upp.o"ul, ,p*iri;g the nature
and ext€nt of the desired alterations, improvements, changes or additions, atong wiih
"onterirptut"a
it"rting
"oacompletion time for such project. SUBLESSOR or its designee and LESSO[will then have thirty (3gfdays
within which_to approve or deny in vrrriting said request for changes, improvements, a.lterstions or aJditions, If no
T_rpry._ _y!tl the above-specified. time, SUBLESSEE may submii a second request. Such rcquests fiom
SUBLESSEE shall not be unreasonably denied. If upon obtaining writlen consent, S'US6SSBB iails to either
begin_making said approved changes, improvements, ilterations, oi additions to the 3ubleased premises or fails tocomplete its work once begun within the completion time as approved, the SLBLESSOR may at its electioncompl*e tld c_hanges, improvements, altemtions or additions. If any cost as are incuned by SUfif,ESSOn as dreresult of SLIBLESSEE'S failur€ to_ begin, start or complete thi proposed project ani by sLlBLEssoR's
completion of S1-ry1ry99a pro.;€ct, ften upon demand and within ttriiq lro; a"yr or tn, a".*a, sugr,EssEEshall pay to suBLESsoR the..qmoyt of 99sf i_ncgned uy sunldssbn. Any such costs incu*ed bySUBLESSOR shall constitute additional r€nt \ hich shall be paid within ten (10) days o.."""ipt oi notice ofsaidcosE incuned by SUBLESSoR_ No_ election^ to perform by SUBLESSOR ihali "onstituti a waiver of anycovenant or obligation of SUBLESSEE or any fiiture default.
SIJBLESSEE covenants and agrees in connection wittr any mahtenance, rrpair wor! er€stion, construction,improvanen! addition or alteration of any authorized modifications, additions ol irp-r"."r* to the SubleasedPfTit:: t9 otserve and comply with all p-resent and future laws, ordinances, .ro, ig"futiorr and-requiremensof the united. states of America, state ;f Florida, county of iollier, ana any ana ii g"""i"-"rt r agencies,bureaus, boards or officials.
,Gi:C2
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Packet Pg. 906 Attachment: Pelican Bay Foundation Sublease 2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance
SUBLESSEE furtlrcr covenants and ag:ees without limiting its authority to require submission of proposed
changes, alterations, additions or im-provements as required above that no trailers or temporary structure of anykind wfiatsoever or signs shalt be allowed or plac€d on the Subleased Premises at any time unl"ss approved inwriting by SUBLESSOR and LESSOR.
All changcs, alterations, additions or improvements to said Subleased Premises shall be made in accordancewith all applicable laws and shall at once, when made or installed, be deemed as attachcd to the frcehold and to
have bccome property of tho suBLEssoR and shall remain for the benefit of sUBLESSoR at the end of theterm-or other expiration or tennination of this Agreement in as good order and condition as they were when
installed, reasonable wear and tear accepted; provided, however, if prior to the termination of this Agr*rn"nt, o,
within_ fifteen (1) days thereaftcr SUBLESSoR so dirests, SLTBLESSEE shall promptly r€mov;the fixtu€,
llt-{iol!, additions, improvements or instaltations which were placed in, on or upon tho dubhased prtmises by
SUBLESSEE and which are designated in said noticr, and rjpair any damage ocoasioned to the Subleased
Premises by such removal and any default thereof, SUBLESSOR may affeJt said removals and repairs at
SUBLESSEE'S expense.
- _In th€ event ofmaking such changes, alterations, additions or improvements as herein provided, SUBLESSEE
firrthor agrees to indemni! and save haml€ss the LESSOR and SUiLESSOR from all eipenses, liens, claims or
damages to eitlrer persons or property arising out of, or resulting from the undertaking or making of said
alterations,,
- additions and improvements, LESSOR and SUBLESSOR agree not to iithhold its consent
unttasonably for alterations, improvements and additions.
SUBLESSEE covenants and agrces not to use, occupy, suffer or permit said Subleased hemises or any part
hereofto be used or occupied for any purpose contrary to law or the ruies or rcgulations of any public authority.
ARTICLE 7. Access to Subleased Premises
SUBT|SSO& its duly authorized agents, representatives and employees, shalt have the right to enter into and
upon the Subloased Prcmises or any part thercof at all reasonable hours for the purpose of-examining samc or
making such repaim thercin, as may be necessary for the safety and preservation thereofl, and for the purpose of
inspection for compliance with the provisions ofthis Agreernent.
ARTICLE E. Assicnment and Subletring
SUBLESSEE covenants and agrees not to assign this Agreement or to subsublet the whole or any part of the
Subleased Premises, or to permit any other persons to occupy same without the witten consent of STBLESSOR.Aly such assignment or subsubleting shall not relieve SUBLESSEE from liability for payment of rent or other
sums herein provided or from the obligation to keep and be bound by the terms, conditioni and covenants of this
Agr€ement. The acceptance of rent from any other person other than SUBLESSEE shall not be deemed to be a
waiver of any other provisions of this Agreement or to be a cons€nt to the assignment of this Agreement or
subsubletting of the Subleased Prernises.
An assignment for the beneftt of sr€ditors or by operation of taw shall not bc €ffectivc to transfer any rights to
assignoe without the writton consent of the LESSoR and suBLEssoR first having been obtained.
In dto event the SUBLESSEE or business activity under this Agr€ement is a corporation, any sale, tansfer,gift or other method of disposal of over ten porcent (10%) of its stock to the same recipient, eiiher in a singli
transaction or in cumulative transactions shall be deemed to be an assignment of this Agreement. In the event ihe
S-UBLESSEE is a partnership, any transfer of any partsreds intercst shall be deemed an assignment of this
Agreement.
3 i $'r
')..t
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Packet Pg. 907 Attachment: Pelican Bay Foundation Sublease 2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance
ARTICLE 9. Indemnity and Insurance
SUBLESSEE covenants and agrees that it will defend, protect and save and keep LESSOR and SUBLESSOR
and th€ir sgents and employees forever harmless and indemnified against and from any claims, suits, actions,
penalties, damages, injuries, attorneys'fees (including atl appeals), coits or charges imposed for any violation of
any law or ordinance, whether occasioned by the neglect oiSUgLnSSff or thJse hoiding under SUBLESSEE,
and that SUBLESSEE will at all times defend, protect, indemnif and save and keep hirmless LESSOR and
SUBLESSOR against and from all claims, suits and actions, lois, injuries, costs, attorneys' fees (including
appeals), damages or expenses arising out of or from any act or failur€ to act, or accident or other ocrurrence on
or about the Subleased Premises causing injury to any person or personal propcrty whomsoever and whatsoever,
during the term of this Agreement or any extension hereof. The SUBLESSEE agreer to take out and maintainwith a reputable insurance company authorized to do business in the State of Florida and doing business in
Florida, at its sole cost and expense, public liability insurance against property damage or personal injury arising
out ofor growing out ofthe use ofor occurring on or above the Subleased premises.
IfSUBLESSEE ever falls under the State ofFlorida Workers' Compensation Law, coverage shatt be provided
for all employees. The coverage shall be for statutory limits in compliance with the applicable state and federal
laws. The policy must include Employe/s Liability with a limit of $100,000.00 each accident.
The SUBLESSEE shall take out and maintain during the course of this Agreement comprchensive genoral
liability coverage including bodily injury and property damage in an amount ofnot less than One Million Dollars
($11000,000.00) combined single limits for any one occurenc€ and an aggregate (unimpaired) of One Milllon
Dollars ($1,000,000.00). LESSOR and SUBLESSOR shall be listed as additionil insured on said policy.
All insurance policies required above shall be issued and written with a company or companies authorized to
engage in tlre business of general liability and pubtic liabitity insurance in the State of Florida and authorized to
do business under the laws of the State of Florida.
The SUBLESSEE shall deliver lo LESSOR and SUBLESSOR customsry insurance certificates (Certificates
of Insurance) prior to tho utilization ofthe Subleased Premises in which said certificates shall clearly indicate and
evidence such paid up insurance and that the SUBLESSEE has obtained insurance in a gpe, amount and
classification as required for strict compliance with this Agreement. The SUBLESSEE agrees to maie no changes
or cancellations of the insurance without thkty (30) days prior written notice to LESSOR and the SUBLESSOR.
SUBLESSEE shall also ensure that the insurance coverage provided in accordance with the Agreement shall
requirc that the company or companies writing such insurance policy shall provide to LESSOR and SUBLESSOR
written notice ofcancellation thirty (30) days prior to the proposed cancellation.
LESSOR and the SUBLESSoR reserve the right to reasonably amend the insurance requirement by issuance
of notice in writing to SUBLESSEE, whereupon rcceipt of such notice SUBLESSEE shall have thirty (i0) days in
which to obtain such additional insurance.
ARTICLE 10. Maintenance
SUBLESSEE shall at its sole cost and expense keep the Subleased Premises clean at all times. If said
Subleased Premises are not kept clean in the opinion of the LESSOR and/or SUBLESSOR, SUBLESSEE will be
so advised in writing. If corrective action is not taken within five (5) days ofthe receipt of such notice, LESSOR
may cause the same to be cleaned and/or corrected and SUBLESSOR shall assume anJ pay all necessary cleaning
costs and such costs shall mnstitute additional rent which shall be paid by SUBLESSOR within ten (lb) days o1
receipt of written noticc of costs incuned by LESSOR.
The SUBLESSEE sha[[ repair all damage to the Subleased Premises caused by the SUBLESSEE, its
employees, agents, independent contractors, guests, invitees, licensees or patons.
4 id
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Packet Pg. 908 Attachment: Pelican Bay Foundation Sublease 2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance
ARTICLE I 1. Default by SUBLBSSEE
Failure of SUBLESSEE to comply with any provision or covenant ofthis Agreemcnt shall constitute a default
and LESSOR or SUBLESSOR may, at itVthcir option, terminate this Agreement 8fter ten (10) days written notice
to SUBLESSEE, unless the default is cured within the notice period. However, the occunence of any of the
following events shall constituE a default by SUBLESSEE, and this Agreement may be immediately terminated
by SUBLESSOR exccpt to the extent prohibited by law.
(a) Abandonment of Subleased Premises or discontinuation of SUBLESSEE,S operation.
(b) Falsification by SUBLESSEE or any agent of SUBLESSEE of any report required to be fumished to
LESSOR or SUBLESSOR pursuant to the terms of this Agreement.
(c) Filhg ofinsolvency, reorganization, plan on arrangement or bankruptcy petitions.
(d) Adjudication as bonkrupt.
(e) Making a general assignment for the benefit ofcreditors,
(D If SUBLESSEE suffers this Agrcement to b€ taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this Article, SUBLESSOR or LESSO\
besides other rights and remedies it may have, shall have the immcdiate right to cancel this Agreement and
re-enter end remove all persons and pmperty from the Subleased Premises. Such property may be removed and
stored in a public warehouse or elsewhere at the cost of and for the account of SUBLESSEE, all without service
of notice
or r€sort to legal process and without being deemed guilty of bespass, or being liable for any loss or damage
which may be occasioned thereby.
LESSOR may, at its option, terminate this Agreement after r€ceipt by SUBLESSEE of thirty (30) days noticc
in writing if a lien is filed against the leasehold interest of the SUBLESSEE, and not r€moved within ttrirty (30)
days, pursuant to the Florida Mechanic's Lien Law or otherwise.
ARTICLE 12. Defautt by SUBLESSOR
SUBLESSOR shall in no went be charged with default in the performanc€ of any of its obligations
hereunder, (except failure to promptly pay r€nt, unless and until SUBLESSOR shall have faited to perform such
obligations-within sixty (50) days (or such additional timc as is reasonably rcquircd to conrct such defrult) after
notice to SIIBLESSOR by SUBLESSEE properly speci$ing wherein SUBLESSOR has failed to perform any
such obligations.
ARTICLE 13. Termination by SUBLESSEE or SUBLESSOR
This Agreement shall be subject to cancellation by SUBLESSEE or SIJBLESSOR in the event of any one or
more oftho following eyents:
(a) The permanent abandonment of the Subleased Premises
(b) Termination of SUBLESSOR'S Lease Agrecment with Collier County as LESSOR.
5
No excavation of any of the land around the Subleased Premises shall bo made. No soil or earth shall be
removed from the Subleased Prcmises and no well of any natur€ shall be dug, constructed or drilled on the
Subleased Premiscs without obtaining all necessary permits, approvals and written authority from LESSOR and
SIJBLESSOR.
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Packet Pg. 909 Attachment: Pelican Bay Foundation Sublease 2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance
(c) The lawful assumption by the United States Govemment, the State of Florida or any authorized agency
or.agencies thereof of tlte operation, control or use ofthe Subleased Premises in such a minner as tosubstantially restrict the SUBLESSEE operating therefrom for a period in excess of sixry (60) days.
(d) The issuance by any court- of competent jurisdiction of any injunction in any way substantiallypreventing or restraining the use ofthe Subleased Premises, and the remalning in forcc oi such injunction for
a period in excess ofninety (90) days.
ARTICLE 14. Notices
. .Anynotice which.any party may be required to give to any other party shall be in writing and shall be mailedto the other party to the address set forth in this Agreement,'or to such Lther address as
"iit
o purty shall have
designated to the other and the time of the rendition of such shall be when same is actually 'receirea Uy tfre
addressed party or parties.
Notwithstanding anything herein to the contrary, all payments of rent, percentage r€nt msintenance or other
sums provided for herein to be paid by the SUBLESSEE shall be paid to:
Pelican Bay Services
801 Laurel Oaks Drive
Naples, Florida 34108
ARTICLE 15. Surrender of Premises
SUBLESSEE covenants and agrees to deliver up and sur€nder to SUBLESSOR possession of the Subleased
Premises and any impmv€ments to the Subleased Premises upon expiration of this Agreement, or its earliertermination as herein provided, broom clean and in as good iondition and repair as th-e same shall be at the
commencement ofthe term of this Agreement or may behave been put by SUBLESSOR or SUBLESSEE duringthe continuance thereof, ordinary wear and tear and damage by ire or the elements beyond SUBLESSEE,S
control expected.
ARTICLE 16. General Provisions
- SUBLESSEE fully understands that the police and law enforcement security protection provided by 1aw
enforcement agencies for the Subleased Prcmises is limited to that provided to any other business or agency
situated in Collier County, and acknowledges that any special securitymeasurcs deemed necassary for additionalprotection of the Subleased Premises shall be the sole responsibility and cost of SUBLESSEE arid shall involve
no cost or expense to SUBLESSOR or LESSOR.
.Notwithstanding anything herein contained that may be or appear to be the contrary, it is expressly
understood and agreed that the rights g'anted under this Agreement are non-exclusive, and tie SUBLESSOR
herein reserves the right to grant similar privileges to anothei sublessee or other sublessees on other parts of the
Subleased Premises.
_
Rights not specifically granted the SUBLESSEE by this Agreement are hoeby reserved to the SUBLESSOR
and LESSOR.
SUBLESSEE agrees to pay all intangible and tangible personal property taxes that may be imposed due to thecreation by this Sublease Agreement, of a leasehold interest in-thi Subleased premises or'SUBLESSEE,S
possession of said leasehold interest in the Sublessed Prrmises, if applicable. SLIBLESSEE shall pay any annual
increases in real estate taxes, ifapplicable, that may be attributable to any improvement ofthe Subfu;ed premises
made by or on behalf of SUBLESSEE. If such tax is paid by SUBLESSOR, SUBLESSEE shall reimburse
SUBLESSOR for the amount of any such tax payment within sixty (60) days of receipt of sullicient
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16.C.5.a
Packet Pg. 910 Attachment: Pelican Bay Foundation Sublease 2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance
documentation indicating the amount paid and the calculation of SUBLESSEE S pro-rata share. Upon writtenrequest by SUBLESSEE, SUBLESSOR shall fumish evidence of payment oftaxes
SUBLESSEE shall 8t no timeduring.the term ofthis Agreement interfere with any activities conducted by rheSUBLESSOR or other tenants at the Subleased premises.
ARTICLE 17. Left Blank Intentionally.
ARTICLE 18. Reimbursement
All terms, covenants and conditions herein contained to be performed by SUBLESSEE shall be performed atits sole expense and if LESSOR and/o-r SUBJESSOR shall pay *y .r, oi.on"y or do any act wirich requiresthe payment of money by reason of the failure, neglect or-refirsal of SUBLESSEE to p".fo* such ierm,covenants or conditions, the sum of money so paid by sUBLESSoR shall be payable by SUBLESSEE toSUBLESSOR or LESSOR with the next succeeding installment ofrent.
ARTICLE 18. Hazardous Materials
At all times, SUBLESSEE shall comply with all federal, state and local laws, statutes, ordinances andregulations of_any kind relating to the use, storage, control, transportation and disposai of
"ny "rJ"U hazardous
materisls by obtaining all necessary govemmental approvals and permits with respect to such activities; funy andcompletcly prepare and file all required r€ports, studies, manifists and environmental impact statements with
respect to s-ame; follow all required inspections with respect to same and supply to LESSOi{ and_SUBLESSOR
evidence of compliance with this Articte in form and substance satisfactory to iESSOR and_SUBiESSOR upon
SUBLESSOR'S requsst therefore; and notiry LESSOR and SUBLESSOR1n writing ofthe h'andling and storageof hazardous materials on the Subleased Premises.
ARTICLE 19. Effecti ve Date
DATED:
This Agreement shall become effective upon execution by SUBLESSOR.
ARTICLE 20. Miscellaneous
This Agreement shall be govemed by and construed in accordance with the Laws ofthe State ofFlorida.
In testimony whereof, the LESSOR, SUBLESSOR and SUBLESSEE have caused this Agreement to be
signed upon the day and year first written above.
AS TO SUBLESSEE: Pelican Bay Foundation, Inc.
BY:
Signature
Signature
(Print name)
Signature
(Print name)
Print name and title
Sublessor's signature appears on the following page.
'7
16.C.5.a
Packet Pg. 911 Attachment: Pelican Bay Foundation Sublease 2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance
AS TO SUBLESSOR:
DATED:
BY
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
Collier County, I Political Subdivision ofthe State of
Florida, by Its Board of County Commissioners
Penny Taylor, Chairman
BY
{"
.\,'l'
8
16.C.5.a
Packet Pg. 912 Attachment: Pelican Bay Foundation Sublease 2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance
EXHIB IT "A"
SITE PLAN FOR DEMISED PREMISES
EF+
SUNTRUST BUILDING
xrDl-4 FLilDA lisTJrpoRLB/EL nrcallnr-L, \1,/xrt
5
rtv
-
cIiA42l02E
102.001 oRE 5l6l )
[Exhibit "A" to Leas€ Agrccmcnt - Collier County (Suitcl02I
TOIEY
L
16.C.5.a
Packet Pg. 913 Attachment: Pelican Bay Foundation Sublease 2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance
SI.'NTRUST BANK BUILDING
LEASE AGREEMENT
Executcd: .2U21
Betw'een
AMERICAN NATIONAL INSURANCE COMPA}.IY,
a Texas insurance compony,
as Lrssor
and
COLLIER COI,JNTY,
a political subdivision of the State of Florida,
as Lcssee
I
GHAa!a306.i
ro:!40r (RE 5l6t)(ts)
16.C.5.b
Packet Pg. 914 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
SUMMARY OF LEASE TERMS
SIJNTRUST BANK BUILDING
THIS SLJMMARY OF LEASE fnR}fS CEC!agry_9ilAr4!4') is attachcd tood forms m intcgral p6t of thc t rsc Ag."m.nt to *lli"h it E.nachcd"-G; dcfincd in rhis
summary shall have thc samc meanings when uscd in thc Lca$ Agrccmcnt. This summary andthc Lcasc Agrccment to which it is attacH sl,ll be ''sd md construed as one imciatcd
document.
Sct forth bclow is a summary of ccrtain Leasc Terms:
I. DATE OF D(ECUTION:
(Erescge4$c).
2. LESSOR:
2021
AMERJCAN NATIONAL INSURANCE
COMPANY, a Texas insurancc company
C'Iglgfl.
2525 South Shore Boulcvard, Suite 207
League City, Texas 77573('I,aprlaCsl).
COLLIER CO[)NTY, a political subdivision of thc
State of Florida
C'!grE).
(' t essee Addreq")
801 Lauel Oak Drive, Naples, Florida 3410E, also
known as the SunTrust Bsnk Building
(the "Buil{iul.
Suitc No. 102 on tlrc first floor within the Building
(the "Dcmired Prcmlrcr').
Approximarcly 3,399 rrntablc squEt€ fcst
(the' Bcs!tsrs$ttr EE!" or.EsE).
Scvcn (7) years (the 'b!SfL[ff1g), commencing
on thc Commcnccoant Datc and expiring in thc
manner providcd for in Section 2(a) of thc Lcase.
The Initial Tcrm and thc Rcncwal Tcrm (as defined
hercin) art sometimcs cach rrfcncd to herein asthc'!9".
3. ADDRESS OF LESSOR:
5. ADDRESS OF LESSEE:
6. BUILDING
7. DEMISED PREMISES:
8. RENTABLESQUAREFEET:
9. INITIAL TERM OF LEASE:
2
4. LESSEE:
IO. DELIVERYDATE;
GHAa3,t36.4
102{r oRE 516r)
16.C.5.b
Packet Pg. 915 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
COMMENCEMENT DATE The delivcry date for thc Dcmiscd Prernises shall bc
fifucn (15) days following thc &tc Lcssce rcceivcsa Certificate of Occupancy for the Dcrniscd
Prcmiscs from thc applicable govemmental
suthoritics (the "p9!&!gDllg").
The commcnccrncnt datc for this Lcase shall bc lhe
earlier of (a) the Dclivery Date or (b) the datc thar is
six (6) months following thc Exccution Date (such
earlier date being thc ' Conmcoccrncat Ortc,)
One (l) additional tcrm of scven (7) years
(the "Roncrd _Tei1g). The Basc Rcnt for rhc
Renewal Tcrm shall be as provided in item 15
below.
12, BASERENT:The base rent for this Lease Agreemenl ('$gg
@1fl shall bc based on the following amounts:
ADDMONAL RENT ESTIMATED
FOR CALENDAR YEAR IN
WHICH COMMENCEMENT
DATE OCCURS:$14.00 per nsF C'@|br lddllisnd Bc{
Ertimete').
USE OF DEMISED PREMISES: The Demiscd Prcmiscs shall bc used only for a
professional business olfices (the "ICfsEeC
Lerre.e Urcr").
15. NOTICES:To Lessor:
Americon National Insurancc Company
Atbr: Mongage and Real Eststc Invcstnsn$ DG,?t.
2525 South Shorc Blvd., Stc. 207
League City, TX 77573
RE: IRE 515l
With a copy to:
3
13.
14.
Lcasc Ycar
Annusl Basc
Rcot
Mo hlY B!s. Rcnt
Instrllmcnt
Annurl Brsc Rcat er Sourc
Foot
I st t,576.00 t6,798.00 s24.00,,$t4,o23.2E 37,001 .94 $24.72
3 3E6,53E.s4 s7,21 1.55 $25.46
4 3E9,r 55.77 97,429.65 126.23
5 s91,t06.99
'7,650.5E
t2?.01
6 $92,452.E0 t?,704.,r0 s27.n'l I9,415.34 $E, 7.95 s26,65
oHA4t{yb.l
lo2.ol oRE Jr6l)
ll. RENEWAL TERM(S) OF
LEASE:
16.C.5.b
Packet Pg. 916 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
CRE Consultants I Propcrty Managemcnt
Attr: Stevc Clifford
I 100 Fifth Avcnuc S
Naplcs, Florida 34102
To Lessec:
(c)
(a)
(b)
Real Estatc Commission: Lcssor urd Lesscc each warrant thal they have
dealt with no other real estatc broken conccrning this tsansrtion cxccpt
Prcmicr Commctcial, Irp., wtro rcprcscnts Lcssor (the "h@i.
Amounts that may bc owed by Lessor to thc Broker shall be dete-rmincd in
accordancc with the lcasing sgrcemcnt for the Building by and betrvecn
such parties.
Prenaid Rcot. 3
Prepaid Rcnt slull be dclirercd
execution of this Leasc by Lcs.rce
uPon paym€nt.
payable upon Lcasc exccution. Thc
to lrsror in conjunction with thc
and shall be fully-canrcd by Lcssor
Insurance: In addition to thc provisions of Scction 9(a) of tlrc Lcar,
Insurancc, Lcsscc's insurancc policy shall also includc the following
entities as Additional Insurcds:
CRE Consultants
[THE REMAINDER OF TIIIS PAGE INTENTIONALLY RESERVEDI
4
16. OTHERTERMS AND
CONDITIONS:
oH^a3al6.a
ro.@l oRE 516r)
16.C.5.b
Packet Pg. 917 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
l. Dcmbcd Prcnbcr.
In considcration of thc Rcnu to be paid and thc agrccmarts hcreinaflcr set forth,
I"t$ry compliance with any rules and rcgulations reluin! to thc Demiscd p..ir.." ;
hqeinaftcr dcfincd, which hEvc bcen or may be promurgarcd 6y r^*ror and which ; hit
madc a part of this Lca*, l,c*ror hereby tcares to Lesrcc ana Lcssce lcascs from I*ssor thc suiic
3n$ninq thc Rentable square Fcct of rcntable spacc within rhc Building. such Dcmiscd
Pruniscs is dcpictcd as "suitc 102" on lhc sirc plan att*hcd hcrsto as EilIHt "A,, which is
incorporatcd hcrein by rcferencc for all purposas. Thc Building and the landE-.rhich it is
situatcd are somctimcs rtfcned to trcrein as the "hl9g1".
All the outsidc walls of the Deraiscd Premiscs, any tcnacqr or roofr adjacant to the
ryi$ Premiscs, and any spaoc in thc Dcrniscd p*mfu usod for snans, srrcts, pipcs,
conduits, ducts, elcctsic or othcr utilities, sinks or othcr Building frilitics, ard thc usc ttrcriri aswtll rs acccss lhereto through thc Dcnriscd hsmiscs for tlrc pnrposcs of opcratior\ maintenEnc€,
l*yd-ol ad rcplir, are exprassly rcsenrcd to Lcssor. Lcssor agllca tirat any cntry into thi
Demiscd Prtmiscs for purposcs of acccss sbell be donc in srrh a way as o minimizc disturbEnc€
to Lesscc.
Lcsscc strall havc thc right to usc thc Common Arcas, as hqcinaftcr &finc4 on a non-
exclusivc b.sis with all otha lessccs or olhcr occupants ofhc Building in conformancc with any
and all applicablc Project Rules and Rcgulations in accordance with scction 22(c) hcrcof.
_ - For purposcs of this Lcale, the "QSggggI1|Ef" shall mean thosc arcrs of thc Building
and thc Projcct which arc dcsigrcd for usc in oommon by all Building lcssees, Lcsrcr anJ
Lcssor's affiliatcs and their rcspcctive cmployecs, agcnts, customgts, patiants, invitccs and
othcrs, and inclrdcs, b,y way of illustration and not limitatioq all cntarrcc,g and cx.its, hallways,gairwclls, elcvators, rcsEooms (otlrcr than those situalcd within spocifically demiscd premiscs
for thc sole and cxclusive usc of the dcmising Building lcsscc), si&walks, drivcways, parking
arcas, landrapcd arcrs and otlrcr arcas as may bc dcsignatcd as part of thc Common AEas of thi
Building.
2, Term: Rcncwrl Oodon.
(a) Term. Thc tcnn of this Lcasc shall commcnoe on the Commencemcnt
Date. The lerm of this Lease shall cxpirc at thc end of the Initial Tcrm being thc last day of the
calendar month in which thc Commancernent Datc occun, or if thc Commclccmcnt Datc is the
first dry of a calcndar month, on thc last day of the prcccding calendar month. The parties hereto
agrce to exocut a supplctncnt to this Lease stating lhc comrncnccrncnt and tcrmination datcs of
this Lease and containing an acccptance of thc Dcmiscd Prcmiscs by tcsce.
OHA.I!,4306.{
5
l@01 oRE 5l6l)
ST'NTRUST BAITIK BUILDING
LEASEAGREEMENT
.. This Lease Agreement (tlrc 'L€g!) is made and cxccutd as of lhc Exccution Datc byand bawecn Lcssor snd Lc$cc. The summary of L,casc Tetms attach"d h.*to f;;;ini;-g*lparr of this Lcasc. Tcrms defincd in srch summary shall havc the same mcuring ;il ;;hcrein.
16.C.5.b
Packet Pg. 918 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
o) Holdovcr. If Ia'"c rcmains in posscssion of the Demiscd prcmirs afrerthc expiration of thc rcrm of this Lcasc, Lcssc. sha L a....a to bc a rcssce fr;;;;ril:l"d 91U, subjcct to all of thc tcrms and provisions of this Lcasc, except rhat Rcnt shall bc;
l,odr€d fifty eqclnt (150olo) of rhc Basc dcnt amount auc as oioc datc or sucrr expintion untiiLessor or Lcsscc shdl havc givan to thc other thirty (30) catcndar days' noticc of tfiiniion oisuch teaancy from month-to-month.
(c) Rcncwal Oe$ion. Upon wrinen noticc to Lcssor in the muncr povided inthis Lcasc, no latcr than one hundrcd eigirty lttoy days and no earlicr ttua two hddrEd-iorty(240) &ys prior to thc expiration of the tcrm of rhis Lcasc and provided Lrsscc is not in dchit
f.th9 ncrrormalcc of its obligations pursr.rant to this Lrasc, Lc$cc shall have thc right to rerrw
this Leasc, as the samc may bc amcnded from timc to timc, for thc Rcnswar tcrri. tf Lcsrcc
cxctciscs this oFdon aod the conditions in this subscction arc satisficd, thcn this f"casc shrll bcrcncwcd upon the samc tefmc rnd corditions sct fordr in this Lrasc, with thc cxccption of thc
amount of Basc Rcrtt to bc paid by Lcssce to lesrcr, which shall bc sdjustcd to reilect marta
ftes q thc timc of renewal; povided that Basc Rcot, as so adjustcd, shalt not bc lcss than thc
Basc Rent for the t casc Year immediatcly preccding srrch rcncwal.
(d) Acccss. Lcssor tcprcscnts End werrEnts that l*ssce shall be cntitled to
acc.ss to thc Dcmiscd Premiscs (including parkng Ercas) twcnty-fow (24) houn pcr day, seven(7) &ys pct week throughout the Term. L.ssor rrprcscot! uia warants rtrat ait utlti'tics aaa
scrvices and parking arcas nccessry for l,cssec's usc of thc Demiscd Premiscs shall be available
for Lesscc's usc trrenty-four (24) hour per day, scvan (z) days pcr wcc! cxccp to the cxtcnt
intemrptions or outages arc causcd by lhc utility p,rovider.
3. Conolctlon end Occuornsr,.
(a) Lcsscc's Work.
(i) Gencrallv. Lessor hatby corurnts to Lcsscc's constuction of
imp,rovsments to thc Demiscd Prcmiscs for Lessee's initial ocrupancy (thc .Ig1g
IBorovcmeutr') ur arc more particularly deEcribcd or sct forth on rhc plans ait spccincatloE
rclating thcrcto as have bcen prepared and prcsented by Lc$cc and revicwed and approved by
Lcssor. Less€e shall contact directly with Lcsscc's contactor for the consuraion oiihe Lcssee
Improvemcnts, which contractor shall bc licens.d in thc statc of Florida and must provide for
standard insurance covcrage as would bc gencrally requircd for thc construction of the Lcsscc
Improvcments; provided, howcvcr, that Lc$or and L,cssor's propcrty managet shall providc
prompt, good faith logistical support to Lcsscc's contactor as reasonably neccssary to a[ow
Lessec to expeditiously complete thc Lrssce Improvernentr. Any and all of thc Lcascc
knprcvements pcrformed by Lcsscc hcrcunder for thc Dcrniscd Prerniscs shall bc in pcrfonncd
in a workmanlikc manner, with new matcrials and othenyisc in comptiancc with the ipplicable
provisions of the Amcricans with Disabilitics Act of 1990, as amcodcd, and/or any siatc-lcvcl
cquivalent laws (thc "ADA'). Any changcs to the Lcssee Improvcmcnts outsidc of thrt provided
for in thc prcviously-approvcd plans and spccifications must bc approvcd by Lcssor in uniting
prior to implcrncntation. Upon complaion of thc Lessor's work dcscribed in Scction 3(b) below,
Lcsscc shall be pcrmittcd to cnter thc Dcmiscd Prcmiscs for purposcs of conshrcting Lessce
Irnprovcmcnts.
6
oHAa3,t3o6.4
lln{01 (rRE 5r6r)
16.C.5.b
Packet Pg. 919 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
- (iD Fees end Expcnses. Any cost and cxpcnsc of the LcssccImprovernc-ng shall bc paid for in frrI by t"cssca AII ;; Improvcments shal remain ttreg"ryty. 9l Lcssor upon rcrmination of this Leasc, cxccpt as may othcrwise u" p-"ia"a inScction 15 hcrcin.
.. . _ __.. _ _Q) Lcssor's Wotk. Lasscc agrccs to take posscssion of thc Dcrniscd premiscs
'AS IS", WHERE IS and WITH ALL FAULTS, with Lcssoipmviding no i,,por;;;;;[;any portion thereof. Notrrithstanding the foregoing, r,csrcr *ru dorporilut" ilJi-;a;,costs for mattcrs outside of l.cssce's ImprovemenG as Erc nocessary to make thc DemiscdPremises available for Lessce's. usc, including thosc associated witr, 'rrvld,
"rori., ;G,lighting, firc sprinklers, etc. scrvicing same.
4. Brrc Rent
_ (a) Basc Rent due from Lcascc to Lessor shall bcgin to accrue on theCommcnccment Date, For purposes o.f_1h1 Lcase, rhe tcm .3cng. shsll ;rean, -ff""tlr"iy, tfriBasc Rent and the Additionsl Rent. All Rent subject to the fryment by Lessce or *y "ia uriapplicable sales tax on such amounts.
(b) Lesscc agrces to p.y Lessor during the term of this Lease annual Base
Rent, in advance on the first day of each month during rhl torr of this Leasc, as sct forth in rhe
fryqy of
-Lea1 ]1m-rs; providcd that thc annial Basc Rcnt for each Lcase year, ashercinaftcr defincd, shall be due and payable in tw€lve (t2) cqual installmcnts for cach LcascYcar during thc tcrm of this Lcasc. For purposcs of this ieai, thc fint ..t41g!gg" shallcornmcncc on the first day of the calcndar month wticu irn-eaiaffii-lor,n oc
commcncemcnt Date, or the f,st day of a month if Rent commcxrccs hcrrurdcr on u" r"rt auiof such month, and shalt terminate on the last day of the ptccding calcndar mont[ ";; ycal
hcncc (i.c., if a Leasc Ycar commencc,s on June l, it terminat*t oo tti following May irt. g*i
succecding Lcasc Ycar will commcnce and terminatc on corrcsponding day, ori"ossi"" yeu...
- (c) All Rcnt rEquired by this Lease shall bc duc and poyable on or bcfore thcfirst day of each and cvery calendar month, in advance, and shall bc paii to r,cssor at ressoils
Address, or at such other place as Lessor may designate in writing from time to time.
(d) If Rcnt commences on any day other than the first day of a calendar
month, Lesscc agrGeE to pay Rent for thc month in which Rent commences computed as if srrch
month were includcd in the first L,easc ycar. such Rent paymcmt shall be due and payable on thi
dat€ Rent cornmcnccs and shalt be prorated, based upon the nrurbcr of days rcinlning in uc
subjcct month.
5. Addidonrl Rut.
(a) During the Term, [rsscc shall pay its prorata Sharc (as dcfincd hcr,ein) of
all Operating Expenscs (as defincd hoein), incurred during the Term ofthis Leasc.
(b) For purposcs of this Lcase, "Qg$@;p941g" shall mcrn any and a[
costs pard or incurrcd by Lcssor in connection with thc operation, scrvicing, maintcnanse and
repair of the Building and thc Project, determined in accordance wilh gencrally acccptcd
7
oHA1343t)6.4
102{ol (rRE 516r).t- i\ )t
16.C.5.b
Packet Pg. 920 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
accounting principles consistently applio4 which woutd bc incurred undcr rcasonably pnrdent
srandards of building marugcmcnt and which shall includc, but not be limitcd to, ttrc ioriowin!,(i) all Impositions, as hcreinafter defincd; (ii) prcmiums, dcductibles md otbcr
"irrge.s ir.cut
by Lessor with rcspcct ro insurancc on thc Buiidiq ad Es othcrwir rcquircd by thii Lcasc, and
any other insurancc which a rcarcnably prudcnt opcrator of a ftrst{lass ofEcc building wouldcarry or which thc holdcr of any mortgagc might rcquire to bc canied; (iii) all utility-charges
rylatinslo the luilding; (iv) alt rcpain or mainrcnanci of rhc BuiHng mdrhc koj*t, i""lud"Gall mcchanical systcms, plumbing, elcvators and othcr sysrcms aid Gquipm; **ing trrl
Building and the Project and thc landscaping, drivcways and par*ing uro, ioiu. project; t-vl a
costs -incwred in fumishing clcaning and janitorial scrviccs- to thJ nuilding; 1vi) lcial fecs of
outsidc or spccial counscl rctained by Lesrcr in connection with procccdingr-iirr th. riducion ofrlal ectat taxcs, or other matters to thc cxtcnt that thc samc shall bc of gencml bcnefit to aBuilding lcssces; (vii) amonization (including intercst) of capital improvcmcnts which arc
intcnded to improvc opcrating clficiencies or which ."y L r"quir"a by govemmcntal
authorities; (viii) building management fccs; and (ix) such othcr cxpcnses ,aa costs of any naturc
whatsocvcr, whethcr or nol lrcrsin mcntioncd, which would bc constsucd as an opaating cxpcnsc
by a rcasonably prudcnt operator and in accordancc with rcund rcal eslarc r**ting -pr.i"o,
lncluding thosc costs and cxpcnses for comrnon maintcnancc and rtpair to the Building and thc
Project that are chargcablc to Lcsscc haeundcr.
(c) For purposcs of this Lcasc, "IEDgdUgl" shall mean all rcal estate taxcs,
sscssmcnts, water and scwcr ratcs and chargcs, and othcr govcmrncntal lcvics and chargar,
gencral and spccial, ordinary and extraordinary, unforcsccn as wclt as foreseeq of any kind ind
naturc which ar€ asscsscd, lcvied confirmcd, imposcd or bccome a licn upon thc projcct and the
Building, or urhich become payablc during the term ofthis Learc.
(d) For purposcs of this Lcase, but subjoct to that providcd for in Scction l(b)
abovc, "!I9EE-Sb" shall mean lhe p.r€rnt8ge arivcd at when the sqrurc footagc of
Lcssee's Rcntablc square Footrge (3,39 RSF), as dcfincd by thc BoMa stafusrd ucthoa, is
dividcd ty the total Renlrble squsrc Foorsge oftr Building (5E,593 RsF). For purposcs of this
Lcasc, thc Prorata Share is 5.8010/o (3,39/58,593).
(c) From the Commencemcnt Datc tfuough the rcnrainder of thc calendar ycar
in which such comrncnccmcnt occurs, Lcssce shall pEy to Lessor, as an estimalc of additional
Rcot, an amount equal to thc Firsl YcEr Additioul Rcnt Estimat , multiplied by the Re able
Squarc Fcet containcd in thc Dcmiset Prcrniscs, dividcd by trrclvc (12) cqual monthly
installmcnts in advancc, due with the Base Rent psyments, togethcr with a per dian amount if
thc commenccrnent Datc occurs other than on thc fint day ofa month, Thercafrcr, thirty (30)
days prior to the beginning of each calcndar ycar during thc tcrm of this L,casc, Lc*soi shall
preparc for ftc nqxt etBuing calcndar year an estimate of thc annual opcrating Expcnscs for thc
Projcct (thc ' E$rc!). Lc$cc shsll and docs hctcby agce to pay to Lcssor as additional Rcnt
Lcssee's Prorata Sharc of such Budgct on a monthly basis, payablc one twptfth (Vl2th) each
month, in advancc, at thc samo time as the Base Rcnt is due. During any calendar ycar, or
portion thcrcof, in whioh lcss than onc hundred pcrcent (l fiP/o) of the total rentablc sqrure
footage ofthc Building is lcascd, Lcssor may gross-up and allocatc to atl existing lessces of the
Building all Operating Expcnscs for thc Building actuatly incuned by t cssor which vary directly
with the lcvel of occupancy (e.g. utilitics, cleaning and janiorial serviccs) ('pggg!g&!&!
8
oHAar!06.a
ro.o0r (rRE 516t)
16.C.5.b
Packet Pg. 921 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
,-..__,_ppgti,ll
f"r.$l calcndar ycar or portion rhcreo{, in ordcr thst such cxirting lcssccs pay onchundr'd pcrccnt ( I 0070) of such Occuparcy Rclatcd Expcnscs
- . .. (0 Folrowing thc end of cach calcndar year during thc tcrm of this Lease,Lcssor shall provide t csscc with-a statcmctnt showing, in rcarcnablc afu , tr* *fu.l-op*"tiqg
Expensce incrmed and thc carculation of the act,al "aaitio*t ncnt pcrraining ; G d;Gcalendar year. In thc event said ststcment rcveals an overpaymqlt by-Lcsscc o-f it6 pronta sh;of Oper*ing Expenscs, Lcssor shall crcdit t cssce with an amormi wfricfr rcpnrcnts icsrcc's
o.vcrpalmcnl to [rssc.'s obligations for thc payment of rcntal for thc rrcxt caiendar month andUt€rcafur, if ap,plicablc. In thc cveot such statemcnt shows an undcrpaymcnt by L*; ;ai;
Prorata share of opctating Expenses, Lcssce shall pay !o Lcssor m amount cqrul to Lesscc's
undcrpaymcnt within thirty (30) days after Lcssor delivcrs such stitcmcm.
(g) Lcsscc or its ac.ountants shau have thc right tro inspoct, at rersot,brctimcs and in a reasonablc mrnncr, during rhc rhirty (30) doy p"riod following irr" a"ri""ry "iIlssor's statrmcnt of thc actu8l amount of additional Rcnt, irih of Lcssor,s toks of accountd rord" as pe(ain to and contain information coaccrning thc o,pcrating Expcns$, in ordcr tovcri$ tbc smounB thcrcof. If L6scc shall disputc any itcm or itcmi included in tbe
detcrmination of additional Rcnt for a particular calcndar ycar, and such disputc is not rcsol"eaby thc parties hcrcto within thirty (30) days affcr the strtcnrcnt for such yer is dclivcred to
Lc.ssec' thcn oi[ r p"rty may, within thirty (30) days thereaftcr, rcqrcst tlur a firm of
indcpcndcnt ccrtified public accountsrts sclectcd by Lcssor and t oro r.irao an opinion u to
whether or not the disputed itcrn or it€ms may ptopcrly bc imludcd in thc daermirution of
additional Reot for such year, and the opinion of such firm on thc mattcr shEll bc conclusivc aodb]{i1s upon thc parties hcreto. Thc fecs and cxpenrs incuncd in obtaining such an opinion
qhall \ lome b1 the party adverscly affected thcreby, and if more than onc itir it aisp,rti rnathe oprnion adversely EffecE both partics, thc fecs aod cxpctrlrcs shafl bc accnrdingly
apportioncd. If Lcsscc shall not disputc any itcm or itcms incllded in the dctcfmimtion-of
additiond Rcnt for a perticulat calcndar ycar within trmty (20) drys aftcr thc stetcnrcnt for such
ycar is delivcred to it, Lcssec sht be dccrncd to have apprcvcd srh statcmcnt
(h) Anything lrerein to thc contary notrrithstanding, to thc cxtcnt thrt Lcsscc
gcncratcs mcdical wagtcs in thc Dcmiscd Prcrriscs which rcquire spccial handling by l,essor, ia
pents and subcontsactors, Lesscc agrccs to pay rny and all cxccss costs f; iuch spccial
handling Es additional Rent hcrpundcr.
(i) ln lhc evenl any monics (includiag Bssc Rcnt and additional Rcnt)
becomc due and payablc tom Lesscc to Lessor and paymeot is not made whca drr, such unpaii
sum shEll bcar intatst from such duc daG st thc highcat rlte pcnnittcd by law, bnrt in all rcaixts
subjcct to thc tcrms and conditions of Section 34(0 herein.
6. L,cgor's Scrriccr,
- (a) Gencrallv. Provided Lcssec is not in dcfault hoeunder, Lcssor agrecs to
fumish or cawe to be fumishcd to thc Building (inclu.ting, tlrc Dcmiscd premiscs), the scn,iccs
sct forth on the $!i!!l[ attachcd hcrcto and incorporatcd herein by refcrcncc for all
purposcs (thc "Bqg!rc0-&rylgg"). Lessor shall not bc liablc for damagcs incurrcd as a rcsult
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Packet Pg. 922 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
ofany stoppsgc or intcrruption of my of such scnriccs csuscd by riot, labor disputas, acci&ntc,
1ryT:p*t Flures.or any ca,sr beyond Lcssor's rcasonablc contol. Lrssce',trr; io;i;oo,t etlorts to immcdistely noti$_ Lcsrcr or its.agcnt of any dcfccts in or acciJcnts afrcctingwatcr pipcs, gas pipcs, clccuical fixt.res or hcaring md .*ting .pp"ot s, which may comc tll.cssce's ancntion in conncction with thc occuproiy or u* oithc'D.-ised nqnrisal. fsorshall cxcrcisc due diligence in corrccting such dcfccis; howwer, L,cssor shall not bc liable for orrcsponsible for any. damagcs incurred as a result of any such dcfcsts which are ."rr.d by ;,
rclatcd to- any_accidrnt, ncgligcrrcc or olhcr sct or omission on thc par,t "i r^r* "r ""y "1rrr.lcssccs of the Building.
- (b) Effects of Gpvcmment Rcqulation. In addition to that pr,ovided in
scction 6(a'l 1bovc, rhe obligation- of L,e*rcr ro ptovide ttrc ncquircd scnriccs shall f, Eubj; ;governmantal rcguld.ion tlrcreof (i.e., rationing, control, etc.) and any suchysulliol _that directly impairs by it' cxprcss rcquirerncnts Lessor's ability to providc thcRcquircd scrvices as herein stipulatcd shall not constitutc .n cvcnt or aeraui by Lessor
hereundcr but rathcr p,roviding thc ap,plicable Requircd scrviccs to thc full cxtcnr allowedpursuant to such regulations shall be dcemcd to bc full mmpliancc with thc obligations and
agrccmcnts of Lessor hercundcr.
. (c) No Liabilitv for Failurc. To the extent any of the Rcquircd Scrviccs
require electricity, gas ard water supplied by public utilities or others, Lcssor's covenants
her€urd€r shall only imposc on Lcssor the obligation to usc iB good faith effort! to causc thc
applicable public utilities or other providcrs to furnish thc same. Failue by Lessor to furnish any
of .the Rcquircd scrviccs to any sxcnt, of sny ce$rstion thcreof, drc to failure of any publicwility or othcr provider to furnish scrvicc ro thc Building, or any other cause ucyona m
rcasonablc conuol of Lessor, shall not render Lessor liable in any rcipccr for danagcs to cither
pcrson or propcrty, nor bc construed as an sviction of Lcsscc, nor work an abatcmcnt of Rc,nt,
nor rclievc l,esscc from fulfiltment of any covenant or agresment hcrcof. As uscd hcrcin, the
phrasc-"pturc bpvond tLq rcrrgnrblc controt of Leuor'; shall includc, without limitation, any
lorce Majeure (as dcfincd herein). In the event of any failure by Lessor to fumish *y oi tt.R.q"iry Scrviccs to any cxtent, or any ccssation thereof, duc to m8lfimction of *y .qrip.*t
or machincry located within thc Projcct, or any other causc within thc reasonrb[ .*tol of
Lcssor, Lcsscc shall have no claim for rebate or abatcmcnt of Rent or damagas on account
thercof.
(d) No Othcr Scrvic€s. Lessec hereby acknowlcdges and sgtcs thst lcssor is
obligatcd to provide only thc Rcquircd scrviccs undcr this L,casc, and that Lcssor, its agcnts snd
rcprcscntatives, have madc no represcntations whalsocrrer of any additional serviccs or amcnities
to be providcd by Lessor now or in thc futurc undcr this L,car Agrccrncnt Notwithstanding the
forcgoing, Lcsscc rccognizcs that Lessor may, at Lcssor's solc option, clect to pmvide rdditi;nal
serviccs or amcnitics for the lcssccs of thc Building ftom time to timc, end trcreUy agrccs tlut
Lcssor's discontinuancc of any provision of any such additional serviccs or amcnitics shall not
constitutc a default of [,essor under lhis [,casc nor sntitle L€ssc. to any abatcmcnt of or rpduction
in Rent.
7. RIdt of Entrr. t csscc shall permit Lcssor and its agents, crnployecs and
represcnbtives to cntcr into or upon the Dqniscd PEmiscs at all reasoruble timcs, which h4,c
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Packet Pg. 923 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
lcca nrcarrusea or with reasonablc tclc?honic noticc, for thc purposcs of inspccting tlrc
?csrts.d -|.qlscsi oleaning rhc.wiadorv: and pcrfomring otncr jmitoria **i*t, r"ri"ti"i"g
F BTldioS @cluding thc meintcoancc of At nx$rrs, oquipnc,nt md olhcr m,rft*-d,thc*to), ard E,ting alterations, ,.pain and additions b thc O:uiiamg ara tH nrtu-:! .dp-;pd o9o apputcnenccE lhcrlto, &tr as Lcssor rnry docnr dcsirabd or ncc.$rry. il;i;.lt
havc thc right to entcr thc Dcoiscd Pnmiscs at auy and all timcs in thc evant of rn.-.rg*ry.-
_ E. Shr. Lcssor slull ndntain a sip idartifing t sscc ncar trc door of the
D?mis.d Prcmisa. suoh sign will bc of substantialty similu sia ard dcsign ar maintaincd for
:9..1q*? of thc Building. If thc Buirding contains a dhctory or dirE;ori* or orhcr signs
idcntifyiug larsccs, Lcssor will providc spocr idcnti&ing Lcssoc incommon with othcr tcssccc-of
thc glxld]iq Lcsscc roay placc urd maintain signs wirhin thc Dcnriscd pEmi$s @rt uot visiblc
gtrtidc tbc Dcmiscd Premilcs) as Lcssce may dccm appopriac, subjcct ro thc conditions of
Scction 15 of this Lcase, including but not limitcd to, the obligaion to nmovc all *rch signs and
to rcpair any drnage csud by srr,h sigrs or thcir rcmovrl. In the event that Lessc. ?Eits to
removc such signs and/or rcpair such rlamagc, Lcssor may do so, at its option, and Lcslcc shall
pay thc cost thecof to Lesror on dcmard. Lcsscc raay alrc placc signagc on thc glass doon ro its
suit!, subjcct to compliancc with rypticable law 8nd d [,cssa's solc cost and cxpcrsc.
9. Inrunncc.
(a) During thc tcrm of thic Leasq Lessa shrll maintain, for the mutual
bro.fit oflcssor and L,esrcc, thc following insramc covcrrgcs:
(i) Commcrcial GGDGTd Liability with a limit of not lcss than
$2,(D0,@0 pcr occunence;
(iD Fite and sxeodrd covcrage
altcationJimprovancnts mrdc or plecd by Lcssce;
insurancr covcring 8ll
(iir) Worker's Compcnration insurancc with a limit of not te*r than thc
statutory midmm amormB for thc Starc in which orc Buil.ting is locd.d;
(iv) Bnploycrs Liability iunrancc with a limit o1 1e1 1ss thrn
S2,000,fiD pcr occurrcncc; and
(v) Commsrcial Excess (Umbrclla) insurmcc with a limit of not lcss
than $2,000,000 covcring all trndcrlying policics (cxccpt for that providcd ia itcor (iii)
above).
All such insurancc shall bc maintaincd with companics acccptable to Lcssor, shall namc
both Lesrcr, Lcssee and thosc partics sct forth in itrm 16(c) of thc Summary of t eas€ Tems as
insucd partics thcrcunder, shall providc for canccllation only upon thity (30) &ys' advancc
wdttcn mticc to Lcsscc. Copics of all such policics or ccrtificatcs evidencing thc clfectivencss
of all such oovemges shall bc providcd to kssor prior to thc Commenc€mcot Drtc and thc
aonivcrsary ofsuch dale tbroughout lhc Tcnn.
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Packet Pg. 924 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
O) Lessor shsll providc (i) fire and extcndcd coveragc insurancc for the
Pi]aing, (ii) public liability insumncc for rhc common Arcas c ways or iria nuilaing ana rhcProject' and (iii) no less than twelvc (12) months bwincss intdruption insuancc. fcicc strattnot undcrtakc or pcrmit any usc of thc Dcmiscd Prtrriscs or store any hazardous matcrials in thcDcmfucd Prcmiscs, which will incrcasc thc cost of firc and extcndd ".r.og.l;;;;;; th"thojcct. It is undcrstood and agrecd that such fire rad exrcndcd *r.""ic insurancr; beptovidcd by Lessor is not rcqufuid to providc covcragc for finnishings, nxtics, cquipicnimJ
olher pcrsonal p,ropcrty o*ned and/or brought in or upon m no.;ii lincU6irg inJ n*riJ
Pruniscs) by Lcsscc or Lcssce's "gcnts, cmployccs, liccnsccr oi in itc".. air n mirrringq
fixtures, cquipmcnt and othcr personal propcrty urought into or upoD thc prcjcct by l,cssee, or'its
agcnts' employees, licensces or invitccs shall bc thcrc at Lcsscc;s solc risk, or thc risk of thosc
claiming undct Lcssce, and t csscc may obtain insurancc prolcctiell 161 sai4
'61nist
irrg", fin *r,
cquipment and other penonal propcrty at its own crecnsc if it so desircs.
(c) Lcsscc shall not do or pcrmit to bc done any act or thing rpon or within
the Demised h,crriscs which will invalidatc or bc in conflict *itt tt e tct r of th" Rorid"
{a1fad form of fire, boiler, sprinklcr and gcncral liability or property insruancc; and Lcsscc
shall,-at jts own expense, comply with all rulcs, regulations ana rrqui'rcmcots of the National
Board of Firc underwritcrs or eny strt or other similar body hvind jurirdiction and shall notknoyng[ do.or permit anything to bc done upon thc Dcmi$d premiscs, or bring or kccp
anything thcreiq or usc thc Dcmiscd Prcmiscs in a manncr in violation of said rulcst r.gul*o*
or rcquircments.
10. Mutuel Wriver of Submretion. To thc fullcst otEnt allowable undcr the
govcming law, Lcssor and tcsscc hcteby waivc any and all causcs of rction and righrs of
rrcovcry agaiast csch othcr and each of thcir agcnts, ernployccs. rcprcscntativcs and invitecs for
any loss or damage occurriDg to or upon the Daniscd hemiscs, oc rroiot or thc T/1, fixturcs,
merchandisc md othcr pcrsonal propcrty locatcd in or about thc hojec! rcsulting from Eny pcrili
Tvctld.by insurancc, rcgardlcss ofthc causc or origin of nrch loss or darnagc, including ihat for
thc ndigcncc of eithcr party or thcir agents, cmployees and invitccs to thc extcni of anytyr_cry on or undcr any policy or policies of insursncc, proviH that any such policy or
policies of insurancc will not be invalidated in whole or in part by rcason of this scction 10.
-
t t . INDEMNIFICATION. Subjcct to thc tcrms and conditions of Scction I 0 above:
(a) LESSEE SHALL INDEMNIFY AND HOLD HARMLESS LESSOR
FROM AND AGAINST ANY AND AIL LOSS, LIABILITY, DAMAGE, PENALTY OR
FINE FOR INJURIES TO OR DEATH OF PERSONS OR DAMAGE TO PROPERTY OF
A}.IY KIND WHATSOEVER SUSTAINED IN, ON OR UPON THE DEMISED PREMISES,
RESULTING FROM THE OCCUPANCY OR USE THEREOF BY LESSEE, OR ANY
STJBLESSEE OF LESSEE, OR ARJSING FROM OR RELATED TO ANY FAILURE BY
LESSEE TO COMPLY WITH ALL LAWS, STATUTES, ORDINANCES AND OTHER
GOVERNMENTAL REGULATIONS NOW EXISTING OR HEREAFTER ENACTED,
INCLUDING, WITHOUT LIMTTATION, THE NECLIGENCE OF LESSOR;,qyp
O) Lessor shall indcmnifr and hold harmlcss Lcsscc from and against any
and all loss, liability, damagc, pcndty or finc for iqiurics to or death of pcrsons or dunagc to
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Packet Pg. 925 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
ProFrty of any kind whatsoever sustaincd in, on or upon thc hojea (other Oran tlrc DcmircdPremiscs)'
'*sultitrg from the ncgligencc or intcntionar wmngfirt *e oio.ioi* "il;;itagrlrb, smployccs or contraclors.
Tqhl rlcrtrctron of aho Dcrircd prcmrrcr. If thc Dcmiscd hemises or thc
luilding arc totdlv or subrtantiar, dcrhovaE]il;6;
".sudty dudng trrc t.,,, oiGI..s trtst' a! trc option of eithcr Lcsscc or Lcssor and upon r+,rittcn noticc itr* t" tt " "GpGty within thfuty (30) days of said fire or casrulty, this r.ar shalt t orinra i ur" aor" or,*tdcsh*tion, od each p.ty Ml.F releascd fro; ury ft'trcr obligaioa t "*,rao,. fi-rS.which rcndcrs thc entire Dcmirod Prcnriscs ruusablc for the purposc of Lesccc's busiocss foiaperiod of morr than onc hundrtd cighty (lg0) days shal'l * a"cmoa toul or substantiEl
dcgtnrction within tlrc mcaning of this [,casc, wldlc d.m"gc which rcndcrs thc Dcrrisc6 prcmiscs
unusablc for such purposcs for a pcriod of lcss rt'rn onc iundrcd eighty (1S0) aayr, o, *y o[c,
damagc of lcsscr rneoniMc, shall be mnsidcrcd partia.l dcstruction.
. .- 13_. Pr{thl Dortnctlol of thc Dcmbcd prcmirs. If the Dcraiscd premis.s shsll bcpartially destroyed by fire or othcr oasuat, during tbc rcflr of this Lcasc, Lcssor may r.p*,h.
D€odscd Prsmircs with rcarcnablc dispotch urd at its own expcnsc. wtritc such'rcpairs arc
- Lng mad? Lacsor sQll pcurit a rcduction in Ralt in poportion to thc amouat "'i rq;
footagc in the Demiscd hcmiscs which was damagcd, so as tobc unusablc or dcstoycd. In thc
cvent thd Lcssor elccts not to rcpeir such portial desrrrtion, Lesscc may excrcisc iL opion to
tqrninatc this Lcssc pursuant to Scction l2 hcroof.
. 14.. EFiacut Donrh. If aay portion of thc Dc,iscd p.mis* sbalr bc appropriatcd,
condcmncd or tatcn urdcr powcr of cminent domain by any public or qrusi-public iuttrority ai
any timc duing thc tcrm of lhis Leasc, or if Lcssor shatt sctt o1 dispocc of its ioto.st io'th"
frojcct or uy part ttrcrcof undcr thrcat of condcrnnation, thcn this Lcss€, at Lcssm,s option darl
bccomc null aad void, and tbe Lcasc tcnn grrntod lrcrcin dull ccasc and t"*rinae, anythingq.ridd hcrcin to rhc contrary notwithstanding. In such cvcnt, thc entire erococds ddv;ton thc ap,pr,opriatior, coadcmnation, scfllcmcot or nlc of the o-ri*a p!a;,t$s sbau bclong
to and bc the solc propcrty of Lcssor. If thc portion of thc projea rcnrainiag aftet app,ropriatioi
or cmdcrmdion of a portioo thcrcof is not suitrblc for conducting Lescct tuinis,'r,cssce
may, nonrithstanding thc failurc oflcssor !o sxcrcisc its option halundcr, clcct to tcrminac this
Lcasc at any timc after thc public or quasi-public authority exercising emirrnt domein ovcr saidpltrriscs has cntcrcd into posscssion thercof.
15, Iortrthtion rnd Rrmovd of Imorovoocob bv Lerca
(a) L6scc, rt irs solc cost and expensc, may firmish and equip the Dcrniscd
Prcmisca, purchasc and install any spccial equipmcnt and any otlrcr ircms nccairy, incidcntat
or convcnieat to its DGGds, providcd all such improvcmants shall be compliurt with thc
applicable povisions of the ADA. Furthcr, if such innrlldion rcquircs mating any simific.'.t
addition or altcration in or to thc Dcmiscd PEmiscE or thc Building, or if Lesscc- dasirts lo makc
any significant n:novetion, altcration, addition or chrngc ia or to the Dsniscd prcmiscs, Lcsscc
shall fust obtain thc prior writtcn consnt of tcssor, c/hich shdt not bc uorcasonably withhcld"
All Lcsscc equipancat and my rcnovation, altcrrtion, addition or changc shall be instdlcd aod
complctcd in accodmcc with applicable codcs 8rd ordinanccs. All such improvcmcnB,
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Packet Pg. 926 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
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firnishings and cquipmcnt purchssod by Lcsscc and instaltcd in otc Ddni$d picmirs shallrrnain thc Fopcfiy of Lcsscc and may bc rcurovcd by L$eee d thc end of the lcrrn of thio
Lcasc, er(ccpt that if t cssoc shall abandon, vacatc or surrctdcr thc Demiscd hemi*q or t
disposscsscd by proccss of law or othern'isc, aay pc"soad ptoFrty, improvcacnts o. ti*t,ro
bcloogitrg to Lcsscc ard lcft on thc projcct rrolc than ,iftccn- 0 3) &ys aftcr such auqnaoomcot,*4:t surrcndcr or disposscssion may bc dccmcd to bc EboDdoncd at tlre option of Lcssor;
p,rcvidcd' horevcr, that thosc improvcocnts, furnialring! and equipmcat *,hictr coonot tc
scvcrpd or rcrnovcd from thc D€miscd Prcmiscs wittrorn materiat oi sub.t"oli"l damagc to 0re
Deoiscd Premiscs may bc rcrnovcd by tascc only if L,csscc rcpairs any damagc rasdrlg fromrwh rcrnoval, aod if Lcsscc shall h\rc fully pcrfonned all of iB *r"r-d"rd "gr;-rcorteincd hcrein.
(b) lrssee rhrll kccp the Derniscd praniscs rnd cvcry prrt thertof, including
tbc npj".c frcc and clcar of any ard all ncchrnics', maerialmcn's oa btipr ticns foi or ariring
oul of or in mnncction with work or labor done, scrvicos pcrfomrcd or matcrials, appliances,
cquiprncot, supplies or fucl uscd or fimirhcd for or in conncction wirh any aanrions,
imgovmcnts, rcpairs or additions which Lcsscc may make or causc to bc madc in or upon thc
Dcmiscd Premiscs, or in conncction with thc insldtrlion aod/or rtnroval of improvancoB,
frmishings and eguipmcnt as pcrrri$cd hcrcundcr. Lcssce sha Fomptly and frrlly pay and
disclurgc ury and all gleims upol which any such tiEr may oi coufu t u.*a,-ana'.utt
indfimi& Lr*ror, all of thc Dcnriscd Premiscg thc Building End thc projcct against my such
licns or thc claims, suits or othcr procccdings pcrtaininS thcrcto,
15. lilcirtt Dbtributlon. Lrsscc hcreby coyaants ard agrccs 6at it wi not placc
or pcrmit to bc placcd in any portion of thc Dcrnised Prcmiscs any rvtight in accss of thj safecsqTS grpsgty of thc Building or Eiry paft thcrcof, and detcrniDcd by the plans and
spccifications for the Building and thc Dcmiscd Premiscs.
17. Roodr of Dmlrcd PrtoLcr bv Lerroc. Subjcct to tbc tarns and conditions of
Scc'tion 11 aborc, Lcsscc shdl, at its own cxpcmc, tromptly rcprir rny dmsge dorc to th.
Projcct or sny patt thamf, including thc Building thc Common Arcas ,rd- thc lhmilcd
Prcnrircs, by Lesoc or itr rgcnts, cruployece, liccnsccs or invitccc. In 0rc svEnr tha Lcsscc faits
0o rtpan such damagc pmmptly, Lcssor mry, Et itr optioq mahe nrch rrpairs or nplrccmcnts
and Lcsscc shall p"y thc cost thcrcof to Lcssor on darand, exc.pt to thc cxtent thu Lcssor
reccives rcimbrr:cment for lhc cost of auy such repair or rtphccmant purnunt to any policy or
policics of insunnce pcrtaining to thc Derniscd Prcmircs or thc project. '
lE. Dcfeultr bv Lellca Thc occuncocc of any one or morc of tlrc foltowing stull
constitutc a dcflult rmder this Lcasc by Lcsscc:
(a) dcfault in thc paymcnt of the Basc Rcog additional Rcnt or rny othcr
chagcs payable undcr this Lcasc for a pcriod of fivc (5) dryr aftcr rch Rcot or othcr smounts
bccomcs duc and payable;
(b) defuult or huch by L6s.c in tbc pcrformancc of or compliancc witb my
of thc other tcrms, oonditions, covrnants o grlcments conlained in this Leasc, which
dclinqucncy or hcach shall continuc uncurcd for a pcnod of trwnty (20) &ys afts writtcn
l4 ' .'\
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16.C.5.b
Packet Pg. 927 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
notfuc thcrcof from Lcssor; providcd that if the tcmr", corditions, covonants or agrocmcors to bepc _rformcd by t sscc are of nrch oaturt thet thc sa,Ic canrot rcrsonably be pfoormod withinsnch 20'day pcriod, such dcrioqucocy or brcach slult bc deancd t6 u'*r* iaI.commctrces such pcrformancc within such 2o{ay pcriod anrl thcrcaftcr diligcotly undcrtalcs tocomplal samc (to a maximrmr of nincty tgoi ilavs ft.m thc darc sucl f.i;-;risiltocomod);
(c) L,esgcc shEll con,rtcnec any cEsc, prococding or olhcr action relating toLcscc in bartnprcy or scclirg reorqnizadoa hqurdltiotr - dissolutiorq *rnai"g-up,
aEangcmcnt' _composition' rcadj[secot of Lcsscc's dcbts, or for any other rrlic(, .n<ti aiiba,tnrytcy' iasolvency, rcorganizatioa, riquidation, dissolution, srEnge.cn! compositioircadjushat of dcbt or othcr similr act or l'w of aoy jurisdiction, mw oi hacafter od'sthg; o,
Lcsscc shall apply for a rcccivcr, custodian or tuslesoi Lc$cc or for all or a rubstantial ffi ofl,csscc's propcrty; or Lcsscc "hrll makc an assignmcnt for the bcncfit of crcdilors; - i,csro
sball bc unablc to, or sh'tl admit in writing thc inatility to, pay Larccc,s as ihcy bccomc duc; or
Lqsscc shdl takc any action indicating Lcsscc's consclrt to, api:roval ofor mquicsccncc ia, oi in
the firthcrancc of, any ofthc forcgoing; or
(d) any case, procccding or otlrcr action against Lcssc ahdl be commmcd in
boorruptcy or lccldng reorganizdion, liqui&tioD, assolution, winding up, anegerncrrt,
composition or rtadjustnart of Lcsscc's dcbts, or any othcr rclic[, undcr ioy u"oi.pt"y,
insolvcncy, reorgrnizaion, liquidcion, dissolutioo, rmigcmcut, cornporition, ,ito""u""irt "idcbt or othcr similar act or law of ury jurisdictim, now or hcrcad oirriru; or"" ,o"iro,
custodian or tntstcc of Lcsscc or for all or a suksntisl perr of L,cssee's property stall uc
appointcd; 01 a wErrant of dt chmc,nt" cxccr.tion or rcstain! or simila p-".ir ih"ti te i*ru"a
agninn ary suhs, ial pErt of thc popcrty of Lcsscc; urd in c*h such cssc srlch oondition shallcontinr for a pcriod ofthirty (30) days undismisscd undirhrgcd or unbondcd.
. - . 19. I,cs-or'r Rffitr Uogn [,crrcc'r Dcfrult Upon the occurrcncc of any cvant of adcfrult.hcrcrmder, Lcsror may, at its optiongithorn fi.'thcr noticc or p-."*c or 6% r;t ,
Td t'k posscssion of tbe Dcmird Pr,aniscs and rcrnovc r,cssoc's signs, cquip..nrr
frmishings, uade fixtures and othcr pcrsonal propcrty thacaom, md placc i*tr e&irty iri
:torEgc 81 L,esscc's cxpcnsc. If L,csscc hils to rcclaim such propcrty and pay ail .rprfu"t
incured in its rtmoval and stongg within a pcriod of finccn (tb &yr, A;, m"y, * irs
option, regad such propcrty as abqndoncd trrsuaft to scction lS'hcrcor. i.ururcr, t-c*rcr may
makc ury changcs, rrpairs, altcmtions and additiors ia or to thc nc,sriscd prcmiscs whi.r, ."y ul
ncccEsary or convcnicnt and may rc-la thc Dcmiscd pmmircs or Eny pan thsr€of on such tcrmsud conditions as Lcssor dccms pmper. upon cach suctr rc-lettiog iithcr: 1a; L6sec ahsll bc
liable to pay to Lcssor, in addition to any indchedocss ottcr fuu nent ar n r".,na"r, ttr"
cxpcnsa of such rcJctting and of such chaoges, rpain, altaations md additioos furcuned by
L11or, gd thc amount, if any, by which thc Rcnt required undcr this Lcasc for rhe period of
suc! rulening (up to but not bcyond thc rltrn of this rrascy cxcccas thc anount rgri"a to *
paid as Rmt for thc Dcmiscd Prsmises for such pcriod on nrctr rc-tetiry; or @) at thi o,ption of
Lessor, Rcnts rcccived by Lessor from srrh reJctting shall bc applicd lirst to riri paymcni or any
indebtcdness from Lcrscc !o Lcssor othcr than Rqnt due hsrtundq, and sccond to the paymcnt of
any cxp€nscs of such re-lating md of such changcs, rtpairs, altcrations and addidons, aDd third
to thc paymcnt of Rcnt dw and rmpaid hereundcr, aad the residuc, if any, shall be hcld by Lcssot
15
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16.C.5.b
Packet Pg. 928 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
gd app.licd in payment of fut,rc Rent 6s the same tnay bccomc duc and payablc hcrpwrdcr. IfLesscc has bccn crcditcd with ""I Rent to be received- by suoh rt-leting'under irc* t"l fr..r
Td such Rent shall not be promptly paid to Lrssor by thi ncw lcssc, or-if srch rcntals rcccivcdfu..ry! rc-lating and crcditcd. agai*t Rcat duc and unpaid utdcr it m (b) abovc drrtrs;i,Tq r: lgss than that to be par! dyinq
-rhat
month by t issc. ncr"',odcr, Llrr* *,"f f p"i -isnch dcficiency to Lessor immcdiarcly. No such re-entry or taking of possession of oc 6imi*
Prcmiscs by t cssor shall be conshred as an elcction on ihc part of Larsor to tcrminate this Lcrse
unlcss a writtcn noticc of such tcrminrtion is given to Lcsscc or unless the temination thcreof is
|*Td .fV a court of compctcnt jurisdiction. Notwithstanding any such .l.ttid ;th;;tcrmina!9n, t gssor may at any timc thereaftcr elect to terminde-this t,case ror ru"tip-io*
uncured dcfault, and in addition to any othcr rcmcdy that it may havc, at law or equiry, Lessor
msy rocovcr from Lcssce all damagcs incuncd by reason of suih dcfault rcl"t ng to thc cost of
rccovering the Dcmisod Prcmiscs, which amormts shall bc immcdiatcly duc ani payablc from
lrssee to Lessor. In addition to the forcgoing, Lessor shsll be entitlcd to exacise i*r, ;g,t
3nd rem{i-e1 as Lcsscc shall posscss pur$ant to 6r" 66p 6f rhir trase, ar law or in equity,-and
Lessor shall be entitled to rccover all costs incuned (including rtasonable legal 'd-
and
expenscs) as a consequence oflcssce's default.
aL Dcfrultg bv L..ror. Exc€pt as otherwisc provided in this t casc, Lcssor shall bc
in default undcr this Lcase if Lessor faik ro pcrform any of its obligations hcreurdcr and said
failure continucs for a pcriod of thirty (30) days aftcr writtecr noticc thcrcof from Less€s to
L,c.*sor (unlcss such ftilurt cEnnot msombly be cured within such 30-day pcriod and Lcssorrhrll [66 commcnccd to cure said failule within said 30day p€dod etd .ontinuc.t diligantly topmyg thc curing of thc same). Any liability of [,cssor as a rcsult of any &fault by it hcreundcr
shall bc limited in all respects by thc tcrms and conditions of Scction 25 irercin.
21, \ rivcr. Thc waivcr by Lassor of, or thc failurc of Lcssor to takc action with
Espect to' any breach of or dcfault by Lessee undcr any trrm, covenant or condition contairrcd
hctcin shall not be deemed to bc a waiver of my such tcrm, covcnant or condition, or any
subs€quqt default rdcr lhe ssme. The su@uant acccp,tanc€ of Rc,nt hcreundcr uy Lcsror
shall not bc dcfild to bc a waivcr of any prior breach by Lcsscc of any Etm, covsornt or
conditiou of this Lcasc 6$61 rhen tlp failurc of Lesscc ro pay the particular rcntal so accrptcd,
lor shall any waivcr or indulgcace srEntd by Lcssor to Lesscc bc takcn as m estoppel against
lcssor.
22.Ure end Surcnder of Dembcd Prcuirou Hrzrrdour Subrtrnco: Rulcr end
Requlationr.
(a) Lcssce shall usc thc Dcmiscd Premisca for thc permittcd Lessee Uses
"rb. -fn* shall not occupy or usc, or suftr or pcrmit thc Dcmked prernises or any p0
thcreof to bc uscd in any manncr or occupicd for any purpor othet thaa pcrmited t slcc u-sca,
or jo1 any purpose contrary to laq or contrary !o thc nrlcs and rcgulcions of Lcssor or of any
public or quasi-public authority which arc cuncntly o<isting or promulgaed hercafter or in srrcL
8 manner as to incrcasc thc risk of firr or other casualty, incrcasc l,cssor's cost of insurancc or
makc it morc diffrcult to obtain such insunncc. L,css shall us, occllpy and maintain thc
Dcmised Prcmiscs in a carcfirl, safe, lawful, clcan, neat and pmpcr manncr, and shall not commit
any wasG or ctlatc any public nuisancc upon thc Dcmiscd Prcmilcs or in a around thc Building
t6
OHj\l3,i3()6.4
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16.C.5.b
Packet Pg. 929 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
or the Project. Upon termination ofrhis Lcasc by lapsc of timc or othcrwi*, t essee shall dcliver
up.and s-urrcndcr to [,cssor physical posscssion of thc Dc-tnilcd pnrniscs in r good conditionmd rcpair as at the commcnccrlcnt of thc tcrnr of this Lcasc, ordinary rvear and tJ, -a.""ratyloss exccpted. on the occasion of the expiration of the Lcasc tc- ty t"poc of time, or in thc
event of any termination of srid tcnn due to a canccllstion of ihis'l,casc, Leisce shall
immcdiately deliver all kcys to thc Derniscd prcrnises to Lcssor, or its agcnt. Lcsrcc shal pcrmit
Lessor or its agcnts, with prior writen noticc, to enter upon the pcmiseJ praniscs during ric last
six (Q months of thc term of this Lcasc, or ar any time that this Lcasc is bcing tcrminstJ for;y
reason, for the purpose of cxhibiting thc Demiscd prcmirs to prospccrive lcssccs or purcharrs.
(b) Lcssce shall not causc or pcrmit any Hazardous SubstEncc (as hcrcinaftcr
d:!o"al lo bc used, stored, gcncrated, or disposed ofon or in the Demiscd p.emiscs by Lc*scc
without fint obtaining Lcssor's writtrn conscnt. In thc cvant thc Pcrmittcd Lcsscc Uscs irrcludc
usc as medicsl officcs, subject to the othct terms snd conditions of lhis l,casc, Lasscc's ur,
storagc, generation or disposal of any Hazardous substancc which arc customary in, urd
Itcc€ssEly for thc operation ofa typical oflicc based mcdical practice in Collicr County, Florida
h.!.*_bf permitted so long as such use, storage, generation and disposal arc in strict compliarrcc
with all pcrtincnt state, federal or local laws governing such Hazadous substancc. If any
Hazardous substance is uscd, slorcd, gencratd or disposcd ofon or in the Dcmised prernirs or
if the Demiscd Premiscs or thc Building bccomc contaminatcd in any manncr for which Lcssec
is rcsponsiblc or othcrwisc lcgally liablc, Lessce shsll irdcmniry .nd hold harmlcss Lessor fromuy and all claims, damagcs, fines, judgmcnts, pc,nalties, costs, liabilifics, or losscs (including,
without limitation, a dccrcasc in valuc of Lcssor's property and attomeys'and consultants, fcq,
aristng during or after the term hereof as a rwult of that usc, storagc, gcneratioq disposal oi
contamimtion. As uscd hcnein, "Cg!dgl|_Sf!tqn$" means any subgtanc€ that is toxic,
infectious, ignitable, rcactive, or conosive ard that is regutared by my local govcmmcot, thc
Statc of Floridr or thc United Statcs Goycnunent. Thc tcrrn .,Up.ggg S.b4!!*" stnll also
include, without limitation, asbcsros, any marcrials conui"ingTffi6GtIpo-ilc orinaed
biphenyls (pcb), radioactivc mEt rials and waste, pstrolcum, and any matcrial or substanccs that
arc dcfincd as "hazardous waste", "extrerncly hazardous wastc,', or a "hrz"dous substancc"
purEustrt to state, Iidcral or local govemmental law.
(c) Attachcd hqrto as Erlibit (C', which is incorporatcd lrcrcin by rcfcrencc
for all purpoccs, are the prcscntly existing Rulcs and Rcgulations for thc project. Lc.sscc
covcnants and agrccs to conform to such Projcct Rulcs and Rcgulations and to any and all
additional, amended, r€statcd or supplcmcntal nrlcs and regulations thereto as may bc aibptcd by
Lcssor, at any timc and from time to timc for thc safcty, csrc, Eputstion and clcsrlinesi of the
Dqniscd Prerriscs, the Building and/or the ovcrall Projec! and for preservation of good order
thercin; provided, however, that such additional, amcnded" restated or supplcmcntal rules and
regulations are not inconsist nt with this Lease and do not unreasonably intcrfere with Lesscc's
usc and occupancy of the Demiscd Premises as providcd for hcrein. Any such additional,
amcndcd, rcstatcd or supplcmcntal rulcs and rcgulations slull be provided to Lcssec in writing
not less than thirty (30) days in advancc of thcir cffcctivc daG. In considcration of this covcrunt
and agreemcnl by Lcssce, Lessor agrecs to conform to and cnforcc all rulcs and rcgulations
promulgarcd hereundcr for thc mutuql bqrefit ofEll lessccs and occupants ofthc projcct
oHAaLS{)6.a
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16.C.5.b
Packet Pg. 930 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
. -ry. - @Eqtf!!!..!g!&SII L6scc stull not havc thc right ro assigr this Lcascsnd sublct the Demiscd prc-ises witho,t thc pnor writtco conscot oi toror, i.rial ih"tr-essor-hcreby qprcvcs pelican Bay Fouodation as a sublcsscc on tbc samc t -rr'*a *rrditio*as sct forth in this Lcasc if Lessor is providcd noricc of such subte5se at r.*t r.rty-fi*-dtd;,prior to thc cffcctive darc thcrcof. Nonrithsunding &e foregoing, L""r*,rr;iiL;;;;gil;
Srant a mortgage to thc Dcmiscd premiscs or its intcrest drcrcin. *otwithstanding thc forcglii,ncithcr rn assignmcnt for rhc bcocfit of qlditors of Lcsscc nor a convsysnoe orau or any in irLcsscc's intcrcst lrcreundcr by opcration of taw shall bc cfEctivc to truurer ; ;lir;;;intcrcst oflcsscc.
. u. nl|Ifll$gpt&Cgdg!. Lcssor covcnaot! thst prior !o thc commcnccmcot ofthc tcrm of thir l*asc, Lcssor srrat uc tawfully in posccssion or uc pcnris"a prcrri;-ad
:sr€GE trst" if lrssc. shall pomptly pay tlrc Bari Rcnt and rny othcr "-;t A"i-dhocundcr aad shall timely pcrform mr rod all of the othcr tcmrs, covcoan8, conditions andsgrycmcnts provided hcrein to bc pcrformcd by L€srcc, thcn Lessec shall have pcaccablc and
sy1 "Diolm*! and posscssion of the Dcmised pnrriscs durirg ttrc t*r, rrlreoi-Jtrrour
hindrance from Lessor, subject to tlc conditions sct fortr hcrein liinaiog, wittout timitatioi,
ych $cs and regulations govaaing thc usc and occuparcy or ttc suita;g *ricn ,,c no* *
H*q pro^ulgatcd by Lc*ror tr,rsu',t ro sccion 22(ci hcrcof), and *ii."r r*u,o to u"
right of l,cssor to makc, at i6 own carpcasc, suctr renoraions, altcncions, .d. .rd ;hd*;
and aborx thc outside and insidc of thc Dcmised presri*s, thc Building -dlor the pr"ja ;
Lcssor dc€ms ncocssEry or desirablc; Fovidcd such work does not unrcasonably ion"rni. *io
Lcssoc's quia cqioymcnt of thc Doaiscd prcmircs,
, f. - Irlmttr$on of Lerlo/r l,hblltv. In considcntion of thc bencfits accnring
bcr?uDdcr, L,cssic and all succcsson d assigng covenEnt and agrtc th4 in thc evcnt of anyactul or allcgcd failure, brrtach or default hasunder by Lcslor, rhc sole ard cxclgsive rtm{
siall bc against Lcssor's intcrcst in thc kojcct, including, without li$itrtio& trc ;glt to rcccivc
thc Rcnts rnd profits ftom thc kojcct Io thc cvcrt of a sale or tulsfcr of Lcssor's ttcrcst in thePtojcc! the "L6sor" named hcrcin, or, in thc case ofa subecqucnt tursfcr, thc tursfcru, shall,atcr thc &rc of such transftr, be automatically rclcascd from any and a[ Iiability for tbcpcrformancc or obscrvancr of my tcrm, conditioq covc,n8 rt or Lb[gnion rquir"a to u"pcrfomod or oboerved by Lcssor hcr,sundcr aftcr thc date of such tms-fta ana ttc tansr"."
shall bc dccrn€d to harrc assrurrcd all of such tcrms, conditions, covcnanB and obligations, it
being_intendod hcreby that such terms, conditions, covansnts, and oblig*ions *r[ i tinalng
upon Lcssor, its susccssors and assigns, only during and in respoct or their succassive pcrio& oi
ownaship during the tcrm of this Lcasc. It is cxprcssly undcr*ood by thc prrtics lrcnco that any
sale or tsansfsr of Lcssor's intrrcst in thc Projct shdl bc subjcct to this t ease
26. Mortnrrc bv Louon
(a) This Lcar, shall, at all times, bc subordinatc and subjoct to thc lien of aay
md rll mortgagcs or othcr cncumbraoccs now or hcrcafter placcd on rhc projec! thc Building,
thc Dmiscd Premiscs, or any p.rt thctcof by kssor without tlc rccrssity of any firrthet
iratrumcnt to cfutustc such subordioation; prcvided any mortgagec Egrc* not to disturb L6scc
undcr this Lcar so long as Lcsscc is not in dcfault hcreundcr. Leascc hctcby agrccs to crccutc
oHA,r!4106.a
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16.C.5.b
Packet Pg. 931 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
and dcliver, upon rcasonablc dcmand, such furrhcr inshrmcnB cvidcocing such suMination asmay bc rcquestcd by Lcssor or any mortgagce.
(b) Lcsscc agrycs that, upon the rtqucst of Lessor, or any s,ch lcssor, firstmortgagoe or trustcc. Lesscc shall crccutc md dclivcr wha&ver instnrmcnts riuy bc rcquircd fot
such. purposcs and to carry out the intcnl of this Section 26; provided, no*g"cr, ttd irL; i,
rcquired to exccutc any such instrument, Lcsrcr agrccs to d commcrcially rearcnablc efforrs tocaulc any current lendcr with a sccurity intcrcst in and to thc Biilding to includc a
nondisturbance provision in such instnrment.
(c) In addition to the forcgoing, with rcspcct to any currnt or fut,rc first licn
mortgagcs, dccds of trust, ground leascs or othcr licns, Lcssor shall usc commqcially reasonable
efforts to sccure and dclivcr to kssce a commccially rcasonablc nondisturbancc aro.*,,ft.m.md exccuted by each of Lcssor's mortgagces or othcr prcscnt lica hol&rs with-a currcnt
sccurity intrrcst in and to thc Building
. . 27, E11[Opglqlrdtrc4g. Lcsscc agrccs, at any timc, md from time to timc, upon not
less than tcn (10) days prior writtcn notice by Lcssor, to execute, acknowtedgc and deiivcr to
Lcssor a stat mcnt in writing (a) ccrti$ing that this Leasc is unmodificd andln ful forcc and
cfrect (or, if there havc bccn modifications, stating swh modificdions), (b) stating tbc dalcs to
which thc Rcnt and any othcr chargcs hcreundcr havc bcen paid by L,cs;: (c) stariru wtratrcr or
not to thc best knowledge of Lesscc, Lcssor is in defrult in thc pcrfonnancc of an] covcnant,
agrecrncnt or condition contsincd in this Lcasc, and if so, spccirying cach such dcfault of which
Lesscc may havc knowlcdgc, and (d) stating thc ad&Ba to which-mticcs to Lrsscc should be
scnt. Any such staternsnt dclivcrcd pursuant hcrcto may bc rclied upon by any owncr of the
Building or rhc Projcct, 8ny mo'tgagec or prospcctivc mortgagcc ofthc Building or thc project or
of Lcssor's intcrest in either, or any prospoctive assignec ofany such mortgagC
2t, Lcrror'r Lhn. To assurr payment of all sums duc lracunder and the faithful
performancc of all other covcnflrts of lhis Leasc, Lcsscc hcrcby gives to Lcssor an cxprcss
contract lien on and sccurity intcrcst in End !o all prcpsrly ch.tels or merchrndise ormra uy
Lcsscc which may bc placcd in thc Derniscd prcmiscs and also r:pon all procccds of any
insuranc. which may .ccruc to Lcascc by rcason of damagc or dcstruction of any such propcrly.
This licn or sccurity intcrest may bc forcclosed with or without court ptoceedings uy lruiic or
privatc salc with or without noticc.
.29, Forft Mrlcura The tims pedods by which a parg is required to perform its
obligations undcr this Lcasc shall bc cxtcnded by the pcriod of any dclays-arising by rEason of
excuscd causes. Excuscd causcs inch.ldc, without limiting thc gcncnlity of the forcgoing, war or
insunections, nuclear disastcr, insurrrction, stsikes or othcr labor disputcs, unaraitabitity or
materids, riot, rationing, civil disobcdicncc, firc, flood, hr.ndcanc, carrhquakc, any act of Cod
and acts, failurcs to act, actions and procccdings or trgul,ations of any gowrnmcntal authority
(whethcr legislative, cxecrtivc, administrativs or jrdicial) (any of thc forcgoing bcing .EC
Mrlourc'). Notwithstanding thc forcgoing, excurcd causcs shEll not inclu& (y) causes which
rwult from a substantial fault or ncgligcncc of a party, including lack of duc diligencc or
adequatc supcrvision, or (z) the lack of sufficicnt fuDds.
oltA43,116.1
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16.C.5.b
Packet Pg. 932 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
.
3{1. Noticcr. All noticcs, dcmands or_othcr writing rcquircd by this Lcasc to bc givcn
:t T*., or which m.af b,c eivcn or made by eithcr party hcrcto 6 ttrc otio, ,fr"ff * accr"-ea io
De ruuy given or madc whar said noticcs. arc sc,t forth in writing and delivcrcd to, or depositld in
9" yrit"d stsres msil, rcgistcred or ccrtified md postagc prtp-aid, aod addrcss€i ,, inai""t"d i;the Summary of Lcasc Terms.
The address to whish any noticc, dcnrand or othcr writing may be givcn or made asprovided abovc may be changcd by writrcn noticc given by such party x iroviica nerein.
. -31. &fligS. Lessce shatl have tbc right to leasc from L6sor, at an additiooal cost
yd. y.ubjcc! to availability, parking within the undcrground parking garage, wrricrr scrviccs-tne
Building. othcrwisc, porking for Lessce and its eurpioyecs ana invltccs r[at u" in gerr€rat with
other occupants and invitce ofthc Building's othcr icssccs and occupants,
. 32, Rfuht of Rolocrdor Lcssor reservcs lhe right at any timc and from time to time
to rclocatc.Lessee to othcr spacc within the Building, proviocd thai such othcr spacc is of cqual
or largcr sizc than the Demiscd Premiscs. Iu conjrmction with a relocation .r p.ria.a in ui.sec{igda _Lcssor shall pay all rcasonable, out-of-pocka cxpcmics of any iuch rclocadon
including, without lirnitation, the expcnscs of moving ana roconstru"tion of ai Lcsscc-fumished
and Lessor'furnishcd improvcmcnts. In thc evcnt ofiuch rclocation, this Lcasc shall continuc infull forcc and effect without any change in thc tcrms or othcr conditions, but with thc ncw
location substitutcd for thc old location sa fortt in itcrn 5 of the sumrnry of Lcasc Tcrrns and
on the attrched Erhlbit (A".
33. Prtriot Act
(a) As of the date of this Lcase, Lessee is and, drring the rcrm of this Lcase
shall rcmain, in full compliancc with all the applicablc taws ad regulations of thc Unitcd statcs
of America that prohibit, rcgulatc or rcstrict financial transrtions, including hrt not limitcd to,
conducting any activity or failing to conduct any astivity, if ruch action or i.iastion constitutes a
moncy laundcring crime, including any monsy laundcring crime prohibitcd under the Money
Laundering Contol Ac! l8 U.S.C. scc. 1956, 1957, or thc Bank
-Sccrccy
Act, 3l U.S.C. scc.53ll 4 sco. and any smcndmcnts or succc$,on thcrcto and any ap,plicable regulations
promulgarcd thereunder.
O) l,esre rcpresents and wanants that: (i) ncithcr it, nor any of its owrrcrs, or
any officcr, dircctor, mcrnbcr, manager, partrcr or cmploycc, is or will bccomc named as a
"Specially Designated National and Blocked person" as dcsignated by the United states
Dcpartnenl of the Treasury's officc of Foreign Asscts contsol or as I pcason, goup, cntity or
nation dcsignated in kgidential Executive o,ryd,er 13224 alr a pcffion who commir, thrtatcns ro
commit, or supports tcmorism; (ii) it is not owned or contolled, direc0y or indircctly, by the
glvcnrmcnt of Eny country that is subject to 8 Unitcd Stetcs Emborgo; (iii) it is not acting,
dircctly or indircctly, for or on behalf of any pcrsoq grorry, antity or nation namcd by the unitcd
States Treasury Departsnent as a *Specially Designated N*imal and Blocked perso4,, or for or
on bchalf of any person" group, cntity or nrtion designatod in Prcsidential Executivc fficr 13224
as a penxrn who commits, thrcatcns to commit, or supports tcrmrism; and th8t it is not engagcd
in this E nsrction dirctly or indirecdy on bchalf of, or faciliraing this tansrtion dircctly or
GHAa3a3o6.a
t@-00t oRa 5t6l)
20
16.C.5.b
Packet Pg. 933 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
indircctly on bcbalf of, any such pcrsoq grorry, c'.tity or nrtion; and (iv) no firads wilr be uscd tomakc any poymcnts duc rrcrcrmder or lursrunt to thc Norc *rri"r, io. ,ut i"J airoui o,indirectly-from a Spccially Designatcd Nitional and Blockcd Pcrson or othcrwisc dcrived fiom apTtry thrt is subjcct to a Unitcd S."r"' Embargo, is or will b.;; ;J-; l;;iliyDesignated National and Broctrcd pcrson; providcd tl.t, in *," cvcnt that
" lor"c of ;r-po;;;of the Mortgagcd Ptopcrty is a publicly-taded company whosc sharts are listcd ", ;;;;;stock cxcbangc, such rcprcsentation and wananty shail n;t apply to shaleholdcrs of srrh lcssecl
(c) Lcssec acknowledgcs that it undcrstands and haE bocn advised by legal
Suns_cl 9n the rcquiremcnts oj rhc applicablc laws rcfcrred to above, inct.ding ,h" idd;Laundcring control Act, l8 u.s.c. scc. lgso, 1957, the Bant serecy Act,:l U.s]c. sec, 53lig ry.,. th. rydicable regulations promulgatcd thercundcr, ana m roreign Ar*t c.,ilr"iRcgulations, 3l C.F.R. scc. 500 et g9g.
(d) Upon a writtcn r€qucst by Lessor, Lcssee shEll p,rovide suchdocumcntation as is rcasonably rcqrrcstcd io confirm rhe continucd vaioty oi tre matren
nyvided in this Scction 33. Additiorully, L.seee shall rctifi Lcssor immediately "p.";ip,of any information indicating a breach of this Sccrion 33 oi ir uss." or uoy or*".r, aiiJi,.:.h' msnager' mcmbcr, enrployce or owncr of Lc.ssce is custodially aauin.a on "t,,gorclEting to moncy laundering, wbcrrupon Lcssor shall bc entitlcd to takc al .rtio* n*rroy?
that Lessor is in compliance with all Anti-Moncy Laundcring Rcgulations.
34. MircclhncouprovLlonr.
-(a) Secrion H9qdins. The hcading to cach paragraph hcreof is inserted only
as a matlcf, of convenience, and in no way dcfines, limig or ottrerwiirc describes the scope orintcnt of this l,ease or any part h€reof.
(b) Govcminq Law. This Lcasc shan bc construcd in accodancc with thc
laws of thc statc of Florids- If any covcnant, rcstriction, condition, limitation or other p.rlri*
of this Lcasc, or any part thcrcof, shall bc constnrcd to be uncnforccablc or othcrwir contary to
the laws of the starc ofFlorida, said ptovision shall bc dccmcd to bc stsickcn from rhis Lcar ana
gch and evcry othcr covetunt, rcstriction, limitation or provision hcneof shall remain in firll
forpc and cffect.
_ . (c) Bcncfits. Subjcct to the provisions set forth hcreinbcforc to the contsary,this Lcasc shsll inure to the bcnefit of lcssor and Lesscc and thcir rcspoctivc rrar", r"gli
rcprcscntatives, administraton, succc*sors and assigns.
(d) Mcororandrun of Lcasc. I-c.rrce shall, af thc req.est of [,cssor, exccutc
and dclivcr a mcrnorandum of lcasc or similar insrumcnt reflccting such of thc tcrms of this
Lcasc (other than Rcnt) as Lcssor shall dcsignatc, which instrument shall be in a form rccordablc
undcr thc laws of the state of Florida. subject to compliancc with the prcceding scotcflc€, each
party agrees that it shsll not r€cord this Lrasc in any public officc.
(c) Comoletc Acleemcnt Amcldmcat This Lease, inctuding thc Summary
of Leasc Terms, dl Exhibits and Addsnda, constiturcs thc cntirt agrccmcnt *t rron trr" p".rii
hercto, it supctscdes all previous undcrstandings and agrcerncnts uct*cen ttrc partics, if any, and
2t
GHA1]4306.a
lt 2.{Dt 0RE 5r6t)
16.C.5.b
Packet Pg. 934 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
no oral _or implied rcprescntation or understanding shal vry its tcrms; and it may not beamcndcd cxccpt by a writtrn instrumcnt exccutcd by-both prties hcreto.
_ (0 Intcr€st on.Lsscc's Oblieatio^: I^at Cbrrsc. Any amounr due tomL6sce to Lcssor which is not paid wtrn auc sh"tt u"ar i"ffi-al e rrtc cqual to thc l6sa, of tcnpcrocnt (locld pcr annum or tlc highcst lawful rate from thc date such paymort is d,c *tr p.ia,but the payment of such intcncst shslt not cxcusc or cure thc defautt.
(g) corooratc Autlroriw. If Lsscc exccutcs this Lcasc as a corporation cachof thc pcrsons cxccuting this Lcalc on bchalf of Lesscc docs lrcreby pcrsonally ;;; *dyayl tlnt Lcssce is a duly authorizcd and existing corporation tbat
-Lcsscc
has i.oa i"q,Jn"ato do busincs in thc stltc in which thc Building is tocatia tha ttrc corporation has fuli ;ghi;
authority to entcr into this Lrase and that each person sigrring on behar of tbc "..p"r"t".i' '*"authorized to do so.
(h) Name. Lcsscc shall noq without the udttctr consent of Lcssor, use thc
namc of thc Building for any purposc otha than as the addrcss of the business to be conducted
by Lcsscc in the Demiscd Premiscs, and in no evcnt shall L,cssce acquire any rights in oito such
namcs.
(D IntcntionallvOmiued.
0) Brokcr's Commissions. Lcssor and Lessce covcnant, wErml, and
rcprcsent each to the othcr that thert were no bmkcrs instsurncntal in corsummating this Lcasc
and that ncithcr had convasations or prior ncgotiations with any b,rokers concerning"till;;g
of thc Demiscd Prcmiscs othcr the Broker, and any and all u.r""r,g" *r.irriinr or otr,-"',arnounb owad to thc Brokcr is as rt forth in itcm l6(a) of thc summry of Lcasc Tcrms,
Furthcr, cach of Lcssor and Lcss* agrec to indcmnifi and hold harmlcss tr," otr* "g*J *afrom any and all liabilities, including rcasonablc attorney's fccs, arising from any ia., r*
brokcragc commissions or findcr's fccs rcsulting from oi arising o,t oi any -o;.o"d;; ;,
ncgotiarions with any brokcrs othcr than thc Broker.
(k) other Terms and conditions. Thc olhcr terms and conditions sa forth initem 16 ofthe Summary of Lcasc Tcrms arc incorpontcd hercin by this rcfcrencc
0) Countcrpafs: Facsimile Simatr.ucs. This Lcase may bc executed inmultiplc countcrparts, with cach bcing dc.mcd and original and all of whictr" whcn combincd,
bcing onc and the samc instrunrcnr Facsimile signaturcs hcrcto by eithcr party .hall be decmed
originals for all purposcs.
(m) Timc of thc Esscncc. Time is of thc essencc for all maners povidcd for in
oHAata3o6.a
ro.o0r oRE J16t)
this Lcasc.
(n) Radon Gas Disclosurc. Rndon is a nahually occuning rrdioactive gas
that, whcn it has accumulatcd in a building in suflicicnt quantities, may p**h h.ultt ;rkt-to
pcrsons who arc exposed to it ovcr timc. Levels of radon lhat cxcecd federal and sEte guidclincs
havc becn found in buildings in Florida. Additional informdion regarding radon ind radon
testing may b€ obtaincd from your courty hcalth department.
22
16.C.5.b
Packet Pg. 935 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
- _ .35.- E{ftine l.crra L6sor and Lcsscc are paftic.e to a lcasc dElcd January l, 20t4,
for. suit _302 iD tlrc Building (rtrc "Err@J,ce*). Eficctive as of tbc oclivcry'Darc, thc
E:<isting Lrasc will bc dccrncd tcrminated md Lcsscc- suau tuvc vacetad suirc 302 in'accord&c.
with thc tcrms of 0rc Existing Lcasc.
36' Golf crrt Lcssor shall makc available to ksscc, in thc locaion shown on thc
attachcd Erhiblt (Bt incorpontd harin by rcftrcoce for all prposes and t,csscc's solc costod crporse, a suitablc locatim for thc parling and ctrrging of oni golf cart lrcssor shall mskc
additional golf cut locations availablc in Lcssor's solc aad absolG di$rction upon lcssce'srcqugt All golf cart locations madc availablc by Lesror shall bc al Lesscc's solc co* and
ctrprorc rs to in*allatioq maintcnmcc and repair.
37, Tcmlntdpn Oodoo, Ia!.G sbdl havc e onetimc right to tcflrrinatc the Leasc
on thc last day of the 36'ri LraF Month (6e TOin*iOUe,), upoo nol lcss than 6 monthr
nor morr thur 12 months prior writtcn notice and psymcnt to Lcssor, not lat r rhan the
Termination Datc, of lhc Terurination Fcc as hercinaftcr dcfined. For thc Enposcs hereof, thc'rmingignElg" shall bc oqrul to thc sum of (a) 6rcc months Basc Rcnt at 6e ratc in effcct on
thc Tcrmhrtion DaE, plus @) all unamortizcd brckcragc fcc.s ircurrtd by Lssor in conncctioa
with tbis Lcasc asrortized on a staight-line brsis over thc Initial Tcm.
EIIE REMAINDEROF TUIS PAGE INTENTIONALLY RESERVEI}I
oIlA434106.4
l@{Dl oRE 516r)
23 '(ri
16.C.5.b
Packet Pg. 936 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
IN wrrNEss WHEREOF, thc partics herclo havc cxccuted this Lrasc ro bc effcctive asof the Execution Date.
WITNESSF'^S:LESSOR:
AMERICAN NATIONAL INSURANCE
COMPAIiIY, a Texas insururcc companyBy:
Nrmc:
By:
Narnc:
By:
Namc:
Title:
,1
GHA12 t02t
lo2-00 r oRE ,l6t)
[SignarE Plg(r) ro L€& furE nctlr - CoIk Co@ry ($i&lmI
16.C.5.b
Packet Pg. 937 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
WITNESSES:LESSEE:
COLLIER COUNTY,
a political subdivision ofthe Starc ofFlorida
Name:
Ammwd os to fcm rnd lt'golitY
By:
Nmc:
By:
By
TitIC:Name:
ATTESI'
CRYSTAL K. KINZEL. CLERK
BY
oHAa2l02t
t@.lxll (IR8 fl6t)
[SiSn tui! Prgqi) lo t cr!. Atrc.tnqrr - Collicr Coonty (Suitclm)l
't-r{:
16.C.5.b
Packet Pg. 938 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
."At
SITE PLAN FOR DEMISED PREMISES
SUNTRUST BUILDING
raxr-l,nalDA ErhoaLBE (D
-it
-
!rrll
loar
at
E
oHAt2t(nt
rm{r (rRE J16r)
EF+
[Erhibit "4" to Lqsc furlnnc0t - Collin Cousty (Suibl o!)]
16.C.5.b
Packet Pg. 939 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
EXHIBIT "B"
GOLF CART LOCATION
mrnEig€Efleie
[Exhibit "B" to Lease Agreement Collier County (Suitel02)]
,
Golf Cart Pa AK€I
indlcated by dl dlfiDi*i
t
tar rl L,/
:\-
f,"1,,; rti,,
-,i t rl .IflM
t
GHA42 r028
102-001 (tRE 5l6l)
16.C.5.b
Packet Pg. 940 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
ucn
PROJECT RI'LES AND REIGI,'LATIONS
Thc following standards shall bc obscrvcd by Lcssce for thc muturl saftty, clemliness and convcnicncrofall occuprns ofthc Building. Thcsc rulos are subjea ro chmgc from timc to timc,.,,p""in"a in t"l.crrc.
l. Loeseo shell not usc thc Domiscd kcmiscs or any othcr potion of thc Building to scll rny itcmr
9l scr.vic.r at Gtril pricc or cost- without writtcn eproval of Lcssor. Senogn;hy, typ.fung"
blwp. riming duplicating scrviccs of rny kind, rnd simiier Uuriacsscs, sfuff not Uc ciniuai nom o-iwithin thc Dcmiscd Prcmbcs or rny olhcr;nrtion of fic Building for thc rrvicc or rccommoddion ofoccuprnts ofthc Building widrout writtcn conscnt ofthe Lcssor.
2. Sidcwdkg balls, passrg.ways ad rcrirwells shlll nor bc obtuacd or urcd by Lrrscc br apurpocc othor rhrn ingr?ir rnd cgrcss to and from thc Dsrniscd prcnrircs or my othcr portion of th;Building.
3. Flunmrble, explosivc or othcr hrzrrdour l(uids and mttcrirlr shElr nor bc broughl on rhc
Demiscd Prernises or into rny other portion of the Buiiding without prior written consent of Iisor. AllChristnas decorstions shall bc mrdc offlemc rctardant metcrirls,
4. All conEactors and tcchnicirns pcrforming work for L,cssce within 0rc Building fiall bc rcfcrrcdto-Lcslor for tPPtoval bcfort porforming such rork. All wodr, including hrt not limiod to, iNtdlrtionof tolc?honc, tclcgnph cquiFcnr, electicll end clcctronic dcvicB rrd dt!.nmcnb,.nd dl
-iBtrurtions
aftcting floon, wrlls, windows, .loon, ccirings or any dhcr physical ftrturc of rhc Buirdin& sh.ll notcommcncc Fior to writtcn apptovel by Lcrrcr.
5. 1,6s.. shall not condua rny arrction on thc Dcrniscd prcrnircs or my othcr ponion of rhcBuilding. Additionally, Lcscc ahrll not ston goods, warts or mcnchandi* on it" orrri..a p-rrrri,
cxccpt for L6scc's own personal usc.
6. Mov.mcnt into or our of rhc Building of frcighg furniturc, officc cqubmcnr or odler mrtcrill fordilpltch or rcccipt by l,crsce which rcquircr 0rc usc ofstairways or movcrncot through public conido6 or
lobbics or-cntsrnces to Orc Building rhell bc donc at houn mi in r mrnncr rDDrcvco ly r,csrcr ror srrtrpurposcs-from timc b timc. only licarrd, commcrcial movcn shafl bc uri ior trc purposc
"r
*"ri"g
Figltl, fumlqrc or ofiicc cquipmcnt to ',d hom thc Dcrnird hsmir* or *y orh.o portion of 0rIBuilding. All hrnd 1ruck shall bc cquippcd with rubbcr tircs and rubbcr side guudi.
7. Rcqucsts by Lcsscc for building scrviccs, mlinEnmcc or rcpair shll bc mrdc in writing to thc
ofFrcc of thc Building Manrgcr.
t. t,6scc shall not chmgc lock! ot in$rll additional hcks on doors without rvri&n conscnt ofLcsror. Lasrcc rhall not mlkc or crusc to bc mrdc duplicrte.s ofkcys procurcd ftom l-cssor widrout prior
apprcval oflcssor.
?. - Iascc shdl givc prompr noticc b thc officc of thc Buirding Mmagcr of rny ecidcnts to or
dcfcctg in plumbing, clcctricrl fixtures or heeting rnd cooling oquignart, t iquids, or othcr matcrielr or
which will causc injury b 0re plumbing shall not ba put into rhs iavaorics, wacr closct orothcr plumbing fixturcs, by Lcssee, itr agcnt, cmployccs or inviloos.
[Exhibit .C" b t €l$ A8rr.ltllor _ Collic, Colnty (Suit!l@)l
ollAa2lo2t
l@.00r oRE 516l)
olj,
16.C.5.b
Packet Pg. 941 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
ql
oHA{2lqlt
r02or GRE 16l)
10..- _. t csscc shrll not plrcc, in*ell or oFrrte on thc Dcmir.d prsmircq or in any othcr ponion of thcBuilding rny alovcs or cooling cquipmcnt without prior wriltlo lpprcv.l by L,orsor.
ll. Lrgc filcs' refts, clcctodc drtr proc€ssing cquipmcnt rnd oltcr hcrvy GquiFtrGNrt rhr[ not bcmovcd into lhc Building or irutdlcd in the Demiscd Hli!.r without writbn ryprorh orLcs*r.
12, L6rcc shrll not hy floor covering within olc Dcrniscd hcmircs witrout writtca eppmvl ofLcrrr. Thc urc of comcnl or otbcr gimilar adhosivc mat$ials not c.sily rcmovGd with wdcr is oxgrcssly
prohibitcd.
t3. Lcsscc shrll phcc solid prds urdcr all mtlirrg chlirs.
14.. .- Lc.scc !gr6s b coopGrrta rnd rclist t csror in thc prwGntion of onvrssing soliciting rnd
pcddling within thc Building
15. Nails, scrcws or picirc hrngcrs sh.ll not bc &ivcn into thc vrlls or wood finish of thc room
wilhout oonlcnt of Lcssor. Animels or birds rhall not bc kcpa in or rbout tic Dcmisod Prcrniscs or rnyo0rr portion ofthc Building.
15 No sign, rdvertiranent, noticc or hrndbill shrfl bc exhibib4 dilEibutEd, prinod or afibrcd byLg&c on, rbord or from rny ptrt of ftc krisod prDmiscs or rny odrcr ponion of orc auihing witrour
prior writlcn conscnt ofdre L€ssor.
17. Larcr rcscrver thc right to cnforcc sccurity pmvisfomr wtich wouh rsrtrict rcccss io th3
Building efor wo*ing houn of 7:00 r-m, to 6:00 p.m. on wcckdrys, rnd fiom t:00 r"m. to 2:fi) p.o. on
Srtutdays, Sudrys end lcgrl holidays.
It... Irssor rGscrvsr lh. ridt !o cnforcc raftty lrd sccurity mosures thrt would rcquh eveudion
&d/or rcrtsist rcacas o tho Buildbrg during timcs of National, Rcgiood or lrcrl
"rc.g!r,ty.
It ir Lcssor's dcrirc b mlintein h hc BuiHing ttc highcst strndrrd of <rigniu md Sood trltc conrisbni
widr comfo( md convcnimc for Lcssccr. Any rtion on conditirn oa mctin! 0rir high stmdrrd
rhould bc rcportd diroctly b thc Lcrsor. your coopention will bc murua[y ucninciat ma ch"cr.tyqrrochEd' The Lcrrr E8.wG8 dle ridr to mttc such orhcr md furdrcr rcBonrblc rulcs uri
rcgul*ions s in its judgmart mry tom timo to timc bc neodful, for 6c nftty, carc md clcotines of thcla.r Prcmiror, ud for thc prescwrtion of good ordor thorein-
[ExHbf'C" b L.lr ASnrolor - Collkr C,oq!ry (SitGt02)J
16.C.5.b
Packet Pg. 942 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
EXIIIBTT ..D'
BUILDING SERVICES AND CLEANING SPECIFICATIONS
ELECTRICAL AND UTILITY SERYICE
Hcating, vcntilating, and air<onditioning shall be provided during the horns of 7:00 a.m. to 6:00p.m..on *tckdays (excrpt lcgal horidays), rnd from t:fi) a.m. to 2;00 p.m. on sat,rdays and
l*{y:. Off-hours may be provided at a prcarranged charge, bur is subjcct to ctrange; any
time in Lcssor's reasonable discrction.
CLEAJTING AND MAINTENANCE
NIGTTTLY SERYICES - OFFICES, PTJBLIC AREASl. Empty wastc rrceptaclcs, tunove to dcsignatcd location for removal.
2. . Swecp symhaic flooring with chcmically t'carcd dry mop, giving completc accessibility,
and yet crcating no dust and clcan spillage.
3. Hand dust olcan all officc fimitur€, busine.ss machincs, pancling and window s ls. spot
clcan dcsk toPs to rcmovc fitm, smudges and marking if dcsks are lcft free ofpapcrs, machincry,
etc.
4. Empty, wash clcan, and polish ash trays. Empty dcb,ris firom seod umr, smooth sand
and rcplace whcn necesary.
5. wash' clean, and disinfca dispcnsing area of watcr founains and cootcrs. wash maal
housing and shiny metal fixture units.
6. w8sh main entrancc door glass and si& door glass to rcrnovr fingcrprint and rnudgcs
tom windows Erd partition glass,
7. Usc lights only in arcas bcing cleancd.
8. Vacuum carpet areag spot cleen spills ard snrudgcs causcd during the day.
9. Swccp stairwclls and dust handrails.
10. Policc sidqf,rlks at lobby cntaoce.
ll. Spot clcan walls and woodworks.
12. Clcan clcvator and traots. Vacuum carpet
13. Take main en8ancc mats, clean and rctum to propcr location.
14. Wasll clcan telcphones md tclcphone rcceivem.
15. Spot mop tilc floors Es ncc€sssry.
[Exiibir.D" to Lc& Alnanr _ Colli!, Comy (Sdt!lo2)l
oHAau02!
l@.00r (lRE 516l)
16.C.5.b
Packet Pg. 943 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company
NIG HTLY S ERWC ES . IAYATON ESl. Clean urd disinfect lavatory floon.
2. Polish mirrors, bright mctal work and enamelcd surfaccs.
3. Wash and disinfccr all basirL bowls, and urinalr.
4. Hand dust, ctean, and disinfcct all prrtitions, tops of titc lcdgcs, end rowel, papcr, andsanitary napkin dispcn$rs.
5' Fill and clean toilet tissue, hand soap, and hatd towel dispenscn in common arcas.
YEEKLT
l'... R lorJ fingcrprints, smudgcs, and scuf marks from vcrticar and horizontel surfEc€swithin reach. This includes doors, walls, gtass partitions, window sills, etc.
GENERIL
l. wash and/or clcan the cxterior surfaccs ofthc windows and lcdges on thc outside of thcfuilding pctiodically, bul not lcss than oncc a year.
2. _ |gllacc light bulbs rnd/or ballasts T rcqufuld in Building srmdrd lighting. Scrvice ronon-Building Standard lighting is availablc by Lcssor for an additlonal charge.-
Anything hcrtin above to thc conaary notwithsranding, it is understood that no scrviccs of thc
:lryt r providcd for in lhis Eilibrt "D" shall be -pcrformcd on saturdays, Gd"t; ;;;;Holidays.
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[Erhibit "D, o Lasc Agrttrm - Colllc, Cordy (S{l&t02)l
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Packet Pg. 944 Attachment: Pelican Bay Services Lease 3-8-2021 (14378 : Pelican Bay Services Lease Agreement with American National Insurance Company