Backup Documents 06/08/2021 Item #16D 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE D
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney acti3 $
2. BCC Office Board of County C'[- (���
n Commissioners J- h 5 t r r
3. Minutes and Records Clerk of Courts Office ✓ c / -tI4.'1 9
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was June 8,2021 Agenda Item Number 16 D 1
Approved by the BCC
Type of Document First Amendment to Lease Agreement Number of Original 1
Attached Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. / (Initial) Applicable)
1. Does the document require the chairman's original signature? SICa 0 K. N/A
2. Does the document need to be sent to another agency for additional signatures. If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed MD
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6-8-2021,and all changes made during MD
the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the k ,
BCC,all changes directed by the BCC have been made,and the document is ready for the
r a , r .,
Chairman's signature.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1601
MEMORANDUM
Date: August 10, 2021
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: First Amendment to Lease Agreement w/Patriot Place Trust
Attached are two originals of the document referenced above (Item #16D1),
approved by the Board of County Commissioners on Tuesday, June 8, 2021.
The Original is being held in the Minutes & Records Department as
part of the Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
1 6 D 1
Lease#PS 139
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment"), entered into this 22nd day of
June, 2021, by and between PATRIOT PLACE TRUST, whose mailing address is 13245 Tamiami Trail East, Suite
101,Naples, Florida 34114, hereinafter referred to as"LESSOR,"and Collier County,a political subdivision of the
State of Florida. whose mailing address is do Real Property Management, 3335 East Tamiami Trail, Suite 101,
Naples,Florida 34112, hereinafter referred to as"LESSEE."
WI TNESSETH
WHEREAS, the LESSOR and LESSEE have previously entered into a Lease Agreement dated August 25,
2020, hereinafter referred to as the`Lease,' which is attached hereto and made a part hereof this Amendment;and
WHEREAS,the LESSEE and LESSOR are desirous of extending the lease term; and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and
Ten Dollars($10.00)and other valuable consideration,the Lease is hereby further amended as follows:
1. The following provision shall be added to Article 2 of the Lease Agreement :
Following the renewal expiration date of June 31, 2021, the Lease term shall extend for one (I) year.
LESSEE shall have the right to terminate the Lease by providing the LESSOR with thirty-day(3)advanced
written notice.
2. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and
conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and
year first above written.
AS TO THE LESSOR: PATRIOT PLACE TRUST
DATED: 6i / / d)/
Christopher P. Morra, as Trustee
AS TO THE LESSEE: BOARD OF OUNTY COMMISSIONERS,
COLLIE C , FLORIDA
DATED:__.€ 110 I a091
ATTEST;.. n
Crystal"K.Kinzel,Cler(C BY:
Penny Taylor, hair
B
hc'- t as to G'ip t sts Jerk
s, noture only.
Approved as to form-and legali(y: 1
D •
2 (.:..
•
Jenni . Be pedio,Assistant Counly_Attorney I
1
16D1
Leased / / 3 (-)
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 25th day of August, 2020, between PATRIOT
PLACE TRUST, whose mailing address is 13245 Tamiami Trail East, Suite 101, Naples, Florida 34114,
hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of
Florida, whose mailing address is 3335 East Tamiami Trail, Naples, Suite 101, Florida 34112, hereinafter
referred as "LESSEE".
WITNESSETII
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE ]. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Suite 102 comprised
of approximately 3,400 square feet, and Suite 103 comprised of approximately 8,000 square feet, located at
13245 East Tamiami Trail, Naples, Florida 34114, as seen on Exhibit 'A' which is attached hereto and made
a part of this Lease, for the sole purpose of a warehouse storage facility.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public
authority.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises commencing on August 19, 2020, and ending
December 30, 2020. LESSEE is granted the option, provided it is not then in default of any of the terms of
this Lease, to automatically renew same on a monthly basis up to six months with an expiration date of June
30, 2021, under the terms and conditions as provided herein.
LESSEE shall take immediate occupancy of Suite 102 (3.400 square feet) and the west half of Suite
103 (4,800 square feet), on the date stated above. LESSEE shall take occupancy of the east half'of Suite 103
(3,200 square feet), on or before September 24, 2020, at which time. the rent for that portion of Suite 103
shall commence.
LESSEE, however, reserves the right to terminate this Lease, any time after the Initial Term, with or
without cause, upon sixty days (60) days prior written notice of such termination to LESSOR at the address
set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR.
LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or
holding rent. LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt
status.
1 6 D 1
ARTIC'i.i•: 3. Rent
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of One
I kindred Eight-two Thousand Four hundred Dollars (SI 82.400,00) for the first year's rent to be paid in
equal monthly installments of Fifteen Thousand Two I lundred Dollars($15.200,00).
All rental payments shall be due and payable in advance on the first day of every calendar month
during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the
month, LESSEE shall pay rental equal to one thirtieth (I/30th) of the monthly rental multiplied by the
number of rental days of such fractional month.
ARTICLE 4. Renewal Term Rent
Following the first full year of occupancy. the annual rent shall he increased by three percent (3°u)
compounded for each year throughout the life of the lease.
ARTICLE 5. Other Expenses and Charges
In addition to the monthly rent. the LESSEE shall pay LESSOR an additional Five Hundred Twenty-
two Dollars and Filly Cents ($522.50) per month for Common Area Maintenance fees. This amount shall be
increased annually by three percent (3%)compounded for each year throughout the life of the lease.
LESSEE shall pay all costs associated with electricity. telephone and communications charges.
interior janitorial. trash removal, interior pest control,air-conditioning maintenance, replacement.and filters.
LESSOR shall be responsible for all elements of the maintenance and repair of the building. exterior
landscaping and irrigation, exterior pest control. and those items within the Demised Premises not stated
above, including but not limited to electrical systems.
LESSOR shall provide and pay for water/sewer monthly charges at the Demised Premises, however.
if LESSEE should exceed normal water usage. which has been established by LESSOR at the
commencement of this Lease to he $300 per month ('Established Amount'). LESSOR may invoice LESSEE
on a monthly basis for LESSEE'S overage of the Established Amount for water use and those invoices shall
be provided to LESSEE showing the consumption for the Demised Premises.
LESSOR shall provide electrical service for LESSEE, and LESSOR shall pay the monthly usage fees
that will then be invoiced to LESSEE on a monthly basis for actual use. To assist LESSEE in processing the
monthly invoices. LESSOR has established the monthly use fee. from past use, to be approximately $500.
which shall he used as a benchmark for LESSEE'S anticipated monthly fee. However. LESSEE shall he
required to pay the actual use in any amount under or above the established $500.
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes. alterations, additions or improvements to the Demised Premises.
LESSEE will provide to LESSOR all proposals and plans for alterations. improvements, changes or
additions to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and
extent of the desired alteration. improvement, change, or addition. along with the contemplated starting and
completion time for such project. LESSOR or its designee will then have sixty (60) days within which to
approve or deny in wilting said request for changes. improvements. alterations or additions. LESSOR shall
not unreasonably withhold its consent to required or appropriate alterations. improvements. changes or
2 ';;1
16D1
additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by
LESSOR to LESSEE regarding_said proposals or plans. then such silence shall be deemed as an
APPROVAL to such request of LESSEE.
I.E:SSEE covenants and agrees in connection with any maintenance, repair work, erection.
construction. improvement, addition or alteration of ant authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws.
ordinances. rules, regulation, and requirements of the United States of America, State of Florida, County of
Collier,and any and all governmental agencies having jurisdiction over the Demised Premises.
All alterations. improvements, and additions to the Demised Premises shall at once. when made or
installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the
termination of this Lease or any renewal term thereof. or within thirty (30) days thereafter. if LESSOR so
directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and
installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE , and which
are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal
and in default thereof. LESSOR may complete said removals and repairs at LESSEE'S expense.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after
reasonable oral notice to LESSEE. to enter into and upon the Demised Premises or any part thereof at all
reasonable hours for the purpose of examining same and making repairs or janitorial service therein. and for
the purposes of inspection for compliance with provisions of this Lease Agreement.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises. or to permit any other persons. other than another County agency. to occupy same
without the prior expressed written consent of LESSOR. Any such assignment or subletting. even with the
consent of LESSOR. shall not relieve LESSEE from liability for payment of rent or other sums herein
provided or from the obligation to keep and he bound by the terms, conditions and covenants of this Lease.
The acceptance of rent from any other person shall not he deemed to be a waiver of any of the provisions of
this Lease or to he a consent to the assignment of this Lease or subletting of the Demised Premises.
ARTICLE 9. Indemnity and Insurance
Subject to the limitations of Section 768.28, Florida Statues, LESSEE shall indemnify and save
harmless the LESSOR from and against any and all claims, actions and suits. and from and against any and
all losses. damages. costs. charges. reasonable attorneys' fees, payments. expenses and liabilities which
LESSOR may sustain or incur to the extent arising from the negligent act or negligent omission of LESSEE
or its agents.contractors or employees.
LESSOR shall indemnity and save harmless the LESSEE from and against any and all claims.
actions and suits. and from and against any and all losses. damages. costs, charges. reasonable attorneys'
fees. payments. expenses and liabilities which LESSEE may sustain or incur due to the sole negligent act or
negligent omission of LESSOR.
LESSEE shall maintain during the course of this Lease, or any renewal thereof, comprehensive
general liability coverage including bodily injury and property damage. premises and operations coverage.
products and completed operations coverage. broad form property damage coverage, automobile liability
3
16Q1
coverage including owned automobiles. non-owned automobiles and hired automobiles and contractual
liability coverage in an amount of not less than One Million and 00/100 Dollars (SI,000,000.00) combined
single limits.
If LESSEN fulls under the State of Florida Worker's Compensation Law, coverage shall he provided
liar all employees. The coverage shall he for statutory limits in compliance with the applicable State and
Federal laws. The policy must include Employer's Liability with a limit of One Hundred 'Thousand and
1)0/100 Dollars(S I 00.000.00)each accident.
LESSOR and LESSEE on behalf of themselves and all others claiming under them, including any
insurer, waive all claims against each other, including all rights of subrogation, for loss or damage to their
respective property (including. but not limited to, the Demised Premises) arising from fire. smoke damage,
windstorm. hail, vandalism, theft. malicious mischief and any of the other perils normally insured against in
an "all risk" of physical loss policy. regardless of whether insurance against those perils is in effect with
respect to such part)'s property and regardless of the negligence of either party. If either party so requests.
the other party shall obtain from its insurer a written waiver of all rights of subrogation that it may have
against the other party. LESSEN shall give prompt notice to LESSOR in case of fire or accidents in the
Premises or in the Building or of defects therein or in the fixtures or equipment. LESSEE hereby
acknowledges that LESSOR shall not he liable fir any interruption to LESSEE's business tirr any cause
whatsoever, and that LESSEE shall obtain business interruption insurance coverage should LESSEE desire
to provide coverage tier such risk.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing, II'
corrective action is not taken within thirty (30) days of the receipt of such notice, LESSOR will cause the
same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such
costs shall constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of
written notice of costs incurred by LESSOR.
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default
and LESSOR may. at LESSOR'S option. terminate this Lease after thirty (30) days written notice to
I.ESSEE, unless the default be cured within that notice period (or such additional time as is reasonably
required to correct such default).
ARTICLE 12. Default by LESSOR
Failure of LESSOR to comply with any provision or covenant of this (.ease shall constitute a default
and LESSEE may, at LESSEE'S option. terminate this Lease after thirty (30) days written notice to
LESSOR, unless the default he cured within that notice period (or such additional time as is reasonably
required to correct such default).
4
1601
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
to the other party at the following addresses:
LESSEE: LESSOR:
Board of County Commissioners Mr. Christopher Morra
c/o Real Property Management Patriot Place Trust
3335 Tamiami Trail East 13245 Tamiami Trail East, Suite 101
Naples. Florida 34112 Naples. Florida 34114
ARTICLE 14. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, or its earlier termination. broom clean and in as good condition and repair
as the same shall he at the commencement of the term of this Lease or may have been put by LESSOR or
LESSEE during the continuance thereof ordinary wear and tear and damage by tire or the elements beyond
LESSEE'S control excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or agency
situated in Collier County. and LESSOR acknowledges that any special security measures deemed necessary for
additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall
involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns. to refrain from any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard
operations.
ARTICLE 16. Radon Gas
In compliance with Section 404.056. Florida Statutes, all parties arc hereby made aware of the following:
Radon is a naturally occurring radioactive gas that. when it has accumulated in a building in sufficient
quantities. may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and
radon testing may he obtained from your County Public I lealth Department.
ARTICLE 17. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE. 18. Governing Law
This Lease Agreement shall be governed and construed in accordance with the Ia%+'s of the State of
Florida.
5 Ey-)
1601
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR: PATRIOT PLACE TRUST
DATED: 5 /41 . o
WI ESSES: BY:
/ ' CHRISTOPER P. MORRA, as Trustee
` WITNESS (si nature
if__.491-e, i 1,0)/hwa
print name
vL,c e..mac.,-"-- _ '~
WITNESS (signature)
print name
AS TO THE LESSEE:
DATED: -r 07 �' o� `''`'' _.
COLLIER COUNTY, FLORIDA
ATTEST:
Crystal K. ICinzel, Clerk k.__(:) .._ o(.7)
r
Deputy Clerk Leo E. Ochs, Jr., Count%M/arfager• ,
(Approved on August 25,2020;item,16 F 1)
Approved as to form and legality:
(1)\-5
Jenni A.Belpedio, Assi t County Attorney
6
1601
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) is between Collier County (County), and
Patriot Place Trust (Owner), pertaining to the Lease Agreement between both parties for
Suites 102 and 103 at Patriot Place, 13245 Tamiami Trail East, Naples, Florida.
1. Owner of the Property, Patriot Place Trust is the fee owner of Patriot Place, 13245
Tamiami Trail East, Naples, Florida 34114 (Property),.
2. Use of Fdrlclift. Owner agrees to allow the County to use the Forklift within the
warehouse, Suite 103, for the County's use to load and unload deliveries. The County
guarantees that only `certified' Forklift operators will operate the Forklift, The Landlord does
not require payment for the use of the Forklift.
3. Term of Use. The use of the Forldift shall reflect the lease term contained in the
Lease Agreement between the Owner and County for Suites 102 and 103 at Patriot Place,
However, either party may terminate the use of the forklift and this MOU by providing the
other party with ten (10) days' prior written notice, otherwise, all other terms of the MOU
shall remain in effect,
4. Maintenance of Forklift. County shall be responsible to procure and pay for any
necessary repairs to the Foridift during County's use of the Forklift.
5, Indemnification from County to Owner, To the extent permitted by law, County
shall save and hold harmless and indemnify the Owner from and against any and all
liabilities, losses, damages, costs, expenses, causes of action, suits, penalties, claims,
demands, and judgments, attorneys' fees, witness fees, and other expenses of defense
(through all appeals and/or remands), alleged to arise out of the negligent acts, errors or
omissions of the County's employees, guests and/or invitees, and notwithstanding all
insurance coverages whatsoever throughout the entire term of this MOU including all term
extensions, if any. Nothing in this paragraph shall waive or alter the provisions of Florida
Statute 768.28.
6. Revisions to this MOU, This MOU may be revised as necessary by mutual consent of
both parties by written amendment or a revised MOU,
This Memorandum of Understanding is effective this 251 h day of August 2020
Collier County Patriot Place Trust
By:
Christopher P. Morra, as Trustee
By: c
Leo E. Ochs, Jr., Coutlty Man ger '4
/ a_ c9
c� 3 ),
Approved as to for and legality:-/ �( /� � o
Jenni A. Belpedio, Assis t County Attorney 4e\�