Backup Documents 09/14/2021 Item #16F 3e (Absentia 7/27/2021) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 F 3 E
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
q iL1-ai
2. BCC Office Board of County c ,jsV4
Commissioners t) ) 1
3. Minutes and Records Clerk of Court's Office t\4
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 July 27,2021 /1„!/i_ ) Agenda Item Number -1-6--1-6-et6t .�� N ��`
J
Approved by the BCC 'T
Type of Document Lease Agreement with Marco Island Number of Original 1
Attached Hospital,Inc. Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
2. Does the document need to be sent to another agency for additional signatures? If res, 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 7-27-2021,and all changes made during MD
the meeting have been incorporated in the attached document. The County 9 „
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the A
BCC,all changes directed by the BCC have been made,and the document is ready for the (a CtJ „,
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
16F 3F
MEMORANDUM
Date: September 21, 2021
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Martha Vergara, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: Lease Agreement— Temporary EMS Usage
Marco Island Hospital
Attached are two originals of the document referenced above (Item #16F3(e) 7-
27), approved by the Board of County Commissioners on Tuesday, September
14, 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
16F 3E
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease"), entered into this 27th day of July, 2021 (the
"Effective Date"), by and between Collier County Board of County Commissioners, whose address is
3299 Tamiami Trail East, Naples, Florida 34112, hereinafter called the "LESSEE" and Marco Island
Hospital, Inc., a Florida not for profit corporation, whose address is 40 South Heathwood Drive, Marco
Island, Florida 34145, hereinafter called the "LESSOR".
WITNESSETH, that, under the terms and conditions hereafter set forth, the LESSOR hereby
leases to the LESSEE, and LESSEE hereby leases from LESSOR, office space, containing 1,200 square
feet of leasable area, and having an address of 40 South Heathwood Drive, Naples, Florida 34145
("Premises"), as seen on the floorplan attached hereto as Exhibit A.
Article 1. LEASE TERM
This Lease term shall be for one year, commencing on August 1, 2021 (the "Commencement Date"),
and terminating on July 31, 2022 (the "Term"). This Lease will automatically renew for one additional
year under the same terms and conditions herein (each, a "Renewal Term"). Either party will have the
right to terminate this Lease by providing the other party with at least sixty days advance written notice
to the addresses stated above.
Article 2. USE
LESSEE acknowledges that the Premises will be used for a temporary EMS station and related services,
and for no other purposes or use. Furthermore, LESSEE shall not interfere with, nor conduct any
activity,which may injure or annoy other LESSEES within the Premises,nor use or occupy the Premises
in violation of any law, ordinance, government regulation or directive.
Article 3. BASE RENT
Beginning on the Commencement Date, LESSEE shall pay to LESSOR, at the office of LESSOR, in
lawful United States currency without notice, demand, deduction or set-off, annual base rent in the
amount($19,200.00),to be paid in equal monthly installments of($1,600.00)("Base Rent")on or before
the first day of each calendar month during the Term. This monthly amount will be all inclusive of all
utility charges. Base Rent is equivalent to $16.00 per square foot. LESSEE acknowledges that the
payment of Base Rent and other sums due under this Lease more than seven(7) days after the first(1st)
day of each month will cause LESSOR to incur costs not contemplated by this Lease. Accordingly, if
any installment of Base Rent or any other sums due from LESSEE are not received when due, LESSEE
shall pay to LESSOR a late charge equal to One Hundred Dollars ($100.00) together with interest from
the due date until paid at the rate of ten percent (10%) per year. Acceptance of the late charge by
LESSOR shall not constitute a waiver of LESSEE'S default for the overdue amount, nor prevent
LESSOR from exercising the other rights and remedies granted under this Lease. The Term and each
Renewal Term shall hereinafter be referred to as "Term".
The Base Rent payable hereunder during each Renewal Term, shall be increased at the beginning of
each Renewal Term from the Base Rent payable during the last year of the preceding Term or Renewal
Term by three percent (3%).
Article 4. NO ASSIGNMENT OR ALTERATIONS c '�`
Cj,,
16F 3E
LESSEE shall not assign or encumber this lease,nor assign or transfer in any way the beneficial interest
in LESSEE's business, nor sublet the Premises, or any part thereof, nor use or permit the use of the
Premises for any purpose other than above provided, without the written consent of LESSOR. No
assignment, subletting or other transfer shall relieve LESSEE of liability for the full performance of the
provisions of this Lease.Any assignment,subletting or other transfer executed without LESSOR's prior
written consent will be void at the option of LESSOR. The approval by LESSOR to one assignment or
subletting will not be deemed an approval to a further assignment or subletting.
LESSEE shall not make any alterations or additions to the Premises without the prior written consent of
LESSOR. Further, LESSEE shall not be permitted to make any additions, add or replace any fixtures or
make any improvements, without LESSOR'S prior written consent. Such additions, fixtures and
improvements, except moveable office furniture, shall become the property of the LESSOR upon
termination of this lease and shall remain upon the Premises, unless LESSOR notifies LESSEE that the
additional fixtures and improvements are to be removed, in which case LESSEE shall remove them and
return the Premises to its original condition.
Article 5. PERSONAL PROPERTY—NEGLIGENCE OF OTHERS
All personal property placed or moved in the Premises above described shall be at the risk of the
LESSEE and owner thereof. LESSOR shall not be liable for any damage to such personal property, or
to the LESSEE arising from any act of negligence of any co-tenant or occupants of the building or of
any other person.
Article 6. USE AND OCCUPANCY—COMPLIANCE WITH LAWS AND REGULATIONS
LESSEE,in the use and occupancy of the Premises,shall promptly comply with all statutes,ordinances,
rules, orders, regulations and requirements of any governmental agency with authority in respect of the
Premises or LESSEE'S use thereof. LESSEE shall not do or permit any act which will conflict with
provisions of any insurance policies covering said Premises or improvements. LESSEE will not use or
permit to be used any part of the property for any immoral, dangerous, noxious, or offensive purposes,
and will not cause or maintain any nuisance in or about the Premises.
Article 7. DESTRUCTION OF PREMISES
If the Premises are destroyed or so damaged by fire or other casualty during the Term,thereby becoming
untenantable, either party then has the option to cancel this lease, and if the lease is so cancelled, the
rent shall be paid only to the date of such casualty. The cancellation herein contemplated shall be
effective by written notice directed to the other party.
Article 8. DEFAULT BY LESSEE
The following events shall be deemed to be events of default by LESSEE under this Lease:
LESSEE shall fail to pay any installment of rental or any other expense demanded by LESSOR as herein
provided and such failure shall continue for a period of ten days.
LESSEE shall fail to comply with any term, provision or covenant of this Lease, other than payment of
rental or expenses demanded by LESSOR and shall not cure such failure within fifteen (15) days after
written notice thereof to LESSEE.
C-1)
16f 3E
LESSEE shall desert or vacate any portion of the Premises or fail to continuously operate its business
in the Premises.
LESSEE shall do or permit to be done anything which creates a lien upon the Premises.
Article 9. LESSOR'S REMEDIES UPON DEFAULT
In the event of any default by the LESSEE under this lease or if the LESSEE shall abandon or vacate
said Premises before the end of the Term, the LESSOR may, at its option and without limiting any other
right or remedy:
(a) treat the Lease as terminated and resume possession of the Premises, thereafter using the same
exclusively as his own for his own purposes, in which case LESSEE shall remain liable for and shall
pay to LESSOR all other damages and costs provided for herein including rental accruing prior to
termination of the Lease;or
(b) retake possession of the Premises for the account of the LESSEE,holding to LESSEE for general
damages,including the difference in good faith,the LESSOR is able to recover from areletting,in which
case LESSEE shall be liable for and shall pay to LESSOR immediately the balance of rent due for the
remainder of the Term. LESSOR shall then hold such money until the end of the Term, at which time
LESSOR shall refund to LESSEE the actual amount of rent collected. or
(c) stand by and do nothing, and sue the LESSEE for the balance of rent due for the remainder of
the Term together with all other damages and charges provided for herein,in which case all rent for the
balance of the Term shall become immediately due and payable.
Article 10. ATTORNEY'S FEES. COLLECTION COSTS AND LATE CHARGES
LESSEE agrees to pay the cost of collections and reasonable attorney's fees on any part of delinquent
rental payments or other sums a collection agency, as well as any attorney's fee for the enforcement of
any of the provisions of this agreement. All checks returned for insufficient or uncollected funds shall
be subject to a charge of$50.00.
Article 11. UTILITIES
It is understood that all utility costs, associated with use of the Premises will be paid to Lessor as part
of Base Rent. LESSOR reserves the privilege of stopping any or all of such services in case of accident
or breakdown or for the purpose of making alterations, repairs, or improvements. LESSOR shall not be
responsible for the failure of any equipment or machinery to function properly on account of any such
interruption of such services.
Article 12. MAINTENANCE
LESSEE agrees to maintain the Premises in a clean and orderly condition. It is understood that minor
interior repairs, such as painting touch ups, bulb replacements and fixture maintenance including the
routine repair and maintenance for the doors,plate glass windows,interior walls,floors(including floor
covering), ceilings, and/or mechanical functions or devices within the Premises or exclusively serving
the Premises will he the responsibility of LESSEE. All other maintenance and repair, including but not
16F 3E
• limited to repair and replacement of HVAC, roof, ceiling, exterior walls, exterior doors, plumbing,
electrical,pavement, landscaping and driveways are the responsibility of LESSOR.
LESSOR shall exercise due diligence in correcting such defects; however, LESSOR shall not be liable
for or responsible for any damages incurred as a result of any such defects which are caused by or related
to any accident,negligence or other act or omission on the part of the LESSEE,its Invitees,or any other
tenant of the Building.
Article 13. OUTSIDE AREA MAINTENANCE
Any outside area immediately adjoining the Premises shall be kept clean and free from dirt and rubbish
by LESSEE, and LESSEE shall not permit any obstruction or place any merchandise in such outside
area.
Article 14. PARKING LOT
LESSOR shall maintain the driveway and parking areas,and shall maintain the grounds and landscaping
as a common expense. LESSEE shall be permitted to park its ambulances in the parking areas as
specified by LESSOR, and LESSEE'S employees and patrons shall have the use of driveway and
parking area, but LESSOR reserves the right to impose reasonable regulations for the common benefit
of all persons occupying the rental units located in the building. LESSOR reserves the right to designate
which parking spaces,if, any, is to be used by LESSEE and its employees.
Article 15. LESSOR'S RIGHT OF ENTRY FOR INSPECTION AND MAINTENANCE
LESSOR,or his agents,shall have the right to enter the Premises during all reasonable hours to examine
the same, to make such repairs, additions or alterations as may be deemed necessary for safety and
comfort of tenants, their employees and patrons, and for the preservation and maintenance of the
building, or to exhibit the Premises.
Article 16. REPRESENTATION BY LESSOR AND ACCEPTANCE OF PREMISES
LESSEE hereby acknowledges that neither the LESSOR nor the LESSOR's agent have made any
representations or promises in respect to the Premises other than those herein. LESSEE accepts the
Premises in its current "as-is" condition, existing at the beginning of this lease and agrees to maintain
Premises in the same condition, order and repair excepting only reasonable wear and tear arising from
use under this agreement, and to make good to said LESSOR immediately upon demand, and damage
to water apparatus, electric lights, or any fixture, appliances or appurtenances of the Premises,or of the
building,caused by an act of neglect of LESSEE, his employees, agents,or invitees.
Article 17. BINDS SUCCESSORS AND ASSIGNS
This contact shall bind the parties, their successors, and assigns.
Article 18. TIME IS OF TIIE ESSENCE
Time is of the essence as to all the terms of this Agreement.
Article 19. WRITTEN NOTICE
-6
16F iF
• Written notice,mailed or delivered to the Premises leased hereunder shall constitute sufficient notice to
the LESSEE and written notice mailed or delivered to the office of the LESSOR shall constitute
sufficient notice to the LESSOR, as to all instances herein contemplating notice. Any such notice shall
be deemed given when so mailed or delivered.
Article 20. RIGHTS CUMULATIVE
The rights of the parties shall be cumulative. The failure of either party to insist on a strict performance
or of any other breach or default of any provision herein is not a waiver of such provision in any other
instance. Waiver by LESSOR of the performance of any covenant, condition or promise of LESSEE
shall not be deemed a waiver by LESSOR of any other breach or default by LESSEE(whether preceding
or succeeding and whether not of the same or similar nature).
Article 21. SIGNS,ADVERTISING AND BUILDING NAME
LESSEE will not place or suffer to be placed or maintained on the roof or exterior door, wall or window,
or pole of the Premises any sign, awning, or canopy, or advertising matter or other thing of any kind
without first obtaining LESSOR's prior written approval thereof LESSEE shall submit to LESSOR for
its approval, and LESSOR shall have the right to disapprove any sign or other type of advertising
(pennants,etc.),if in LESSOR's opinion it is not in keeping with the overall Building architecture,color
and graphic scheme. All signs shall be kept in good condition and in proper operating order at all times
at LESSEE's expense.Subject to obtaining such consent and compliance with applicable laws and codes,
LESSEE shall be permitted to place a sign in a mutually agreed location and provided LESSEE agrees
to remove such sign at its sole cost and expense on or before the expiration or earlier termination of this
Lease.
Article 22. SUBORDINATION BY LESSEE
This Lease is subject and subordinate to all ground or underlying leases and to all mortgages which may
now or hereafter by placed by the LESSOR on said Premises and improvements, and to all renewals,
modifications, consolidations, replacements and extensions thereof
The preceding sentence shall be self-operative, and no further instrument of subordination shall be
required by any mortgagee or LESSEE. In confirmation of such subordination, the LESSEE shall
execute and deliver promptly any certificate on behalf of the LESSEE. Provided, however, LESSEE's
failure to execute such documents upon request shall not constitute a default hereunder.
Article 23. EMINENT DOMAIN
If the whole or any substantial part of said Premises be acquired or condemned by eminent domain for
any public or quasi-public use or purpose, the Term shall terminate from the date of the vesting of title
in such proceeding, and the LESSEE shall not be entitled to any part of the award.
Article 24. WAIVER OF JURY TRIAL
The parties (to the fullest extent permitted by law) waive trial by jury in any action, proceeding or
counterclaim brought by either of the parties against the other on any matters arising out of this lease of
the relationship of LESSOR and LESSEE.
Article 25. INDEMNIFICATION, HOLD-HARMLESS. AND INSURANCE
(1)
i6F 3E
LESSOR shall not be liable to LESSEE or LESSEE'S employees, agents, or visitors, or to any other
person or entity whomsoever, for any injury to person or damage to or loss of property on or about the
Premises or the common areas caused by the act of LESSEE, its employees, licenses or agents, or of
any other person entering the building under the express or implied invitation of LESSEE or arising out
of the use of the Premises by LESSEE and the conduct of its business therein, or arising out of any
breach or default by LESSEE in the performance of its obligations hereunder or resulting from any other
cause,except for negligence by LESSOR, its Agent and/or assigns.
LESSEE shall not be liable to LESSOR or LESSOR's employees, agents, or visitors, or to any other
person or entity whomsoever, for any injury to person or damage to or loss of property on or about the
Premises or the common areas caused by the act of LESSOR, its employees, licenses or agents, or of
any other person entering the building under the express or implied invitation of LESSOR or arising out
of the use of the Premises by LESSOR and the conduct of its business therein, or arising out of any
breach or default by LESSEE in the performance of its obligations hereunder or resulting from any other
cause, except for negligence by LESSOR, its Agent and/or assigns, and LESSEE will indemnify and
hold LESSOR harmless against any and all claims, demands, damages, loss, injury and expenses,
including reasonable attorneys' fees for the defense thereof,arising from the conduct or management of
LESSEE's business in the Premises, including the presence of hazardous materials brought onto the
Premises by or from any breach on the part of LESSEE, of any conditions of this Lease,or from any act
or negligence of LESSEE, its agents, contractors, employees, subtenants, or licensees in or about the
Premises, unless such claim, demand, cost or expense is caused by the affirmative negligence or
misconduct of LESSOR.
LESSEE, at its own expense, shall maintain through the entire Term a Liability Insurance Policy
providing for the following coverages:
(a) Comprehensive general public liability insurance coverage including property damage coverage
of not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars
($2,000,000.00)general aggregate.
(b) Fire legal liability coverage of not less than Fifty Thousand Dollars ($50,000.00).
The above insurance shall , name LESSOR as an additional insured and waiving subrogation rights
against LESSOR. LESSEE shall deliver such insurance policy or a certificate of such polity to the
LESSOR, with a statement by the insurer that the insurer will notify LESSOR of any cancellation or
modifications of coverage.
Article 26. LEASE—ENTIRE AGREEMENT
This Lease constitutes the entire agreement between the parties. No representations, warranties or
promises pertaining to this lease or any property affected by this Lease have been made by, or shall be
binding on, either of the parties, except as expressly stated in this lease. This lease cannot be changed
orally, but only by an agreement in writing signed by the party against whom enforcement of any such
change is sought.
Article 27. RADON GAS
In compliance with Section 404.056,Florida Statutes,all parties are hereby made aware of the following:,r-;
16F 5F.
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 28. HOLDOVER
If LESSEE holds over in occupancy of the Premises after the expiration of the Term, LESSEE will, at
the election of LESSOR become a tenant at sufferance only on a month-to-month basis subject to the
terms and conditions herein specified, so far as applicable, except that Base Rent during the holdover
period will be equal to 150% of the Rent for the then current Term. LESSEE will also be obligated to
pay for all damages sustained by LESSOR on account of such holdover tenancy.
Article 29. GOVERNING LAW
This Lease shall be governed and construed under the laws of the State of Florida, without respect to
Florida conflict of laws principles.
Article 30. SEVERABILITY.
Any provision of this Lease which shall prove to be invalid,void,or illegal shall in no way affect,impair,
or invalidate any other provision hereof, and such other provisions shall remain in full force and effect.
Article 30. COUNTERPARTS; FACSIMILE/PDF SIGNATURES
This Lease may be executed in multiple separate counterparts, each of which shall be deemed to be an
original, and all such separate counterparts shall constitute but one instrument. Signatures of the parties
transmitted by facsimile, portable document format (".pdf') or other electronic means complying with
the U.S. federal ESIGN Act of 2000 (e.g., www.docusign.com) shall be deemed to be their original
signatures for all legal and other purposes.
[signatures to follow]
(7)
16F SE
IN WITNESS WHEREOF, the parties have executed and delivered this lease on the date first
above written.
AS TO LESSOR: MARCO ISLAND HOSPITAL, INC.,
a Florida not-for-profit corporation
BY:
COO
Print Name and Title c
AS TO LESS E:
DATED: 7_a 7' al
BOAR r O4? UNTY COM SIO► ERS
Crystal K. Kinzel, Clerk COLLI:►' UNTY FLORI
By '
: � - 11 4
, Deputy Clerk p Penny Taylor, air
Attest as to Chaiaman'S
signature onlyf
Approved as to form and legality:
d\
Jen r A. Belpedio
Assistant County Attorney \��
Approved in absentia per Resolution
2000-149 on JL_112-12:c
o1, Da?
By:CG>_r . %
Mark Isackson,County Manager
4818-7220-9392,v.1
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