Backup Documents 10/12/2021 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 C 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney
2. BCC Office Board of County
Commissioners Jtk L I' la-0)1
3. Minutes and Records Clerk of Court's Office
is 1)1; i 3:7,01"
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was October 12,2021 Agenda Item Number 16 C 1
Approved by the BCC
Type of Document Lease Agreement with 23-81 LNT, LLC Number of Original 2
Attached (Revised per Jennifer A. Belpedio) 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? 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 10-12-2021,and all changes made MD j,t
during the meeting have been incorporated in the attached document. The County P
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the MD
BCC,all changes directed by the BCC have been made, and the document is ready for the 0
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
16c 1
MEMORANDUM
Date: November 15, 2021
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Martha Vergara, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: Lease Agreement
23-81 LNT, LLC
Attached are two originals of the document referenced above (Item #16C1)
approved by the Board of County Commissioners on Tuesday, October 12, 2021.
The Board's Minutes & Records Department has kept the original document for
the Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
1 6 C 1
Lease#
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this f r'day of October 2021, between 23-81 LNT LLC, a
foreign limited liability company, whose post office address is 2888 Tiburon Boulevard East, Naples, FL
34109,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, Florida 34112, hereinafter referred as
"LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 2,260
square feet of warehouse located at 1429 Don Street, Unit D, Naples, Florida, for the sole purpose of
warehouse storage.
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 for a term of three (3) years commencing on
November 1, 2021, and ending October 31, 2024. LESSEE is granted the option, provided it is not then in
default of any of the terms of this Lease, to renew same for one (1) additional term of three (3) years
("Renewal Term"), under the terms and conditions as provided herein, by giving written notice of LESSEE'S
intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate
hereby created. Said notice shall become effective upon actual receipt by LESSOR.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty days
prior written notice of such termination to LESSOR at the address set forth in ARTICLE 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.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of
Twenty-Nine Thousand Three Hundred Eighty Dollars ($29,380.00)for the first year of the Lease term to be
paid in equal monthly installments of Two Thousand Four Hundred Forty-Eight Dollars and Thirty-Three
Cents ($2,448.33). Following the first year,the annual rent shall be increased by three percent for the second
year and each year throughout the life of the Lease and Renewal Term, if applicable.
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All rental payments shall be due and payable in advance on the first day of every calendar month
during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the
month, LESSEE shall pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the
number of rental days of such fractional month.
ARTICLE 4. Common Area Maintenance
In addition to the monthly rent, the LESSEE shall pay LESSOR an additional Five Hundred Forty-
Four Dollars and Twenty-Eight Cents ($544.28) per month for Common Area Maintenance (CAM) fees.
This amount shall be increased annually by three (3) percent compounded for each year throughout the life
of the Lease and Renewal Term, if applicable. CAM includes any common elements used by all tenants for
the maintenance and operation of the building and property, such as, but not limited to, exterior building
maintenance, exterior lighting, irrigation, landscaping, property management fees, real estate taxes, and
property insurance.
ARTICLE 5. Other Expenses and Chart/es
LESSEE shall pay all interior janitorial, electricity and telephone charges pertaining to the Demised
Premises. LESSEE shall maintain the air-conditioning filters within the Demised Premises.
LESSOR shall be responsible for all elements of the maintenance and repair of the building and the
Demised Premises not stated above, including but not limited to, plumbing, electrical, landscaping
enhancements and/or replacement and irrigation, as well as waste removal, water, sewer, pest control and
lawn maintenance.
LESSOR shall deliver the HVAC systems servicing the Premises (the "HVAC"), in good working
order. LESSEE shall pay for the cost of an annual HVAC maintenance agreement for the HVAC systems on
or servicing the Premises. LESSEE and LESSOR shall equally share the cost and expense of repair or
replacement of the HVAC. LESSOR shall make all determinations of repair or replacement of the HVAC in
LESSOR's reasonable discretion.
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 writing said request for changes, improvements, alterations or additions. LESSOR shall
not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or
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.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any 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.
1 6 C 1
All alterations, improvements, and additions to said 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.
LESSEE shall be permitted use of no more than three (3) non-exclusive parking spaces at any given
time. LESSEE shall not keep or store any material, machinery, or equipment in the parking without
LESSOR'S written consent,which consent may be withheld in LESSOR'S sole discretion.
ARTICLE 8. Assignment and Sublettin_
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 be bound by the terms, conditions and covenants of this Lease.
The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of
this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises.
ARTICLE 9. Indemnit\ and Insurance
To the extent legally possible, the parties will continue the insurance arrangements in effect at the
time of the commencement of this Lease, adjusted only so far as necessary to account for their change in
legal position vis-à-vis.
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. If
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.
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ARTICLE 11. Default b\ 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
LESSEE, unless the default be cured within that notice period (or such additional time as is reasonably
required to correct such default).
ARTICLE 12. Default b\ LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform such obligations within ninety (90) days (or
such additional time as is reasonably required to correct such default) after written notice from LESSEE to
LESSOR properly specifying wherein LESSOR has failed to perform any such obligations.
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 23-81 LNT LLC
c/o Real Estate Services c/o KOVA Property Management,LLC
3301 Tamiami Trail East 9130 Galleria Court, Suite 100
Administration Building Naples, Florida 34109
Naples,Florida 34112
cc: Office of the County Attorney
ARTICLE 15. 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 be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE
during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S
control excepted.
ARTICLE 16. 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 LESSEE.
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.
16C 1
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed
federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and
radon testing may be obtained from your County Public Health Department.
ARTICLE 18. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 19. Govemino,Law
This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida.
THIS LEASE AGREEMENT SHALL NOT BE VALID OR ENFORCEABLE AGAINST LESSOR AND
LESSEE UNTIL SIGNED BY BOTH LESSOR AND LESSEE.
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DATED: BOARD 'F C•. TY COMMISSION RS,
COLLIE' 4 Y,FLORIDA
ATTEST:
stal-K.Kinzel,Clerk
-
13Y: i1. 041-44.
Deputy
Attest as to Clerka=an s
signature only. Penny Taylor,Chairman
--�
AS TO THE LESSOR. 23-81 I -w York limited liability company
DATED:
BY:
(Sign 1 re)
Print name and Title
Approved as to form and legality:
Jennifer . elpedio,Assistan unty Attorney
4