Backup Documents 03/22/2022 Item #16C6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 6 C 6
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
d I; th h tin lines # I throu h #2 complete the checklist and forward to the CountyAttome Office.
exception of the Chairman s snature, raw a ne rou rou
Route to Addressees (List in routing order)
Office
Initials
Date
1. County Attorney Office
County Attorney
Ak
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2. BCC Office
Board of County
Commissioners
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3. Minutes and Records
Clerk of Court's Office
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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
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Name of Primary Staff
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Michael Dowling
Phone Number
8743
Contact / Department
Agenda Item Number
16.C.6
Agenda Date Item was
March 22, 2022
Approved by the BCC
Type of Document
Lease Agreement with City of Marco Island
Number of Original
2 ✓
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?
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 our deadlines!
8.
The document was approved by the BCC on 3-22-2022, and all changes made during
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the meeting have been incorporated in the attached document. The County
option
this line"
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
tf'A is no
BCC, all changes directed by the BCC have been made, and the document is ready for the
opt!''
Chairman's signature.
.340773
1: 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
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Memorandum
To: Minutes and Records
Clerk to the Board
From: Michael Dowli
Senior Property Management Specialist
Real Property Management
Date: March 22, 2022
Subject: Lease Agreement — City of Marco Island
BCC: March 22, 2022
Item: 16 C 6
Please attest and provide me with the originals so that I may forward to the landlord,
City of Marco Island, for their signature. Since the County is the tenant in this
transaction, the landlord requires the County's signature first.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
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MEMORANDUM
Date: March 29, 2022
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Ann Jennejohn, Deputy Senior Clerk II
Boards Minutes & Records Department
Re: Lease Agreement with City of Marco Island
Attached are two originals of the document referenced above (Item #16C6), approved
by the Board of County Commissioners on Tuesday, March 22, 2022.
After the necessary signature is obtained, please return one of the copies
to this department, so we have an original lease agreement for the Board's records.
Until then a copy will be held in the Minutes and Records Department.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment (2)
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To:
Minutes and Records
Memorandum
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: May 16, 2022
Subject: Marco Island City Hall Lease Agreement
BCC Date: March 22, 2022
BCC Agenda Item: 16.C.6.
Attached please find the original, fully executed referenced document for your records.
Please contact me at extension 8743 with any questions.
Thank you and regards,
Attachments as stated
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Lease # COMI-001
COC, Marco Island, FL
LEASE AGREEMENT
nt.--
THIS LEASE AGREEMENT ("Lease") entered into this I'J" d2-2q�� , 2022, between
the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose mailing address
is, in care of, Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida
33112 (hereinafter referred to as "TENANT") and the CITY OF MARCO ISLAND, a political
subdivision of the State of Florida, whose mailing address is 50 Bald Eagle Drive, Marco Island,
Florida 34145 (hereinafter referred to as "LANDLORD").
WITNESSETH
WHEREAS, LANDLORD is the owner of certain real property in Collier County, Florida,
located at Marco Island City Hall, 50 Bald Eagle Drive, Marco Island, Florida 34145 (the
"Property"); and
WHEREAS, TENANT desires to lease a portion of the Property, as further defined below,
for the sole purpose of operating a Clerk of Courts office, Supervisor of Elections office, and
Collier County Commissioner, District one (1) satellite office.
WHEREAS, LANDLORD is willing to lease a portion of the Property to TENANT for this
purpose.
NOW THEREFORE, in consideration of the mutual covenants and agreements reserved and
contained herein on the part of the TENANT, the LANDLORD demises and leases to TENANT
and the TENANT rents from LANDLORD the Premises, and other valuable consideration, the
parties agree as follows:
ARTICLE 1. ProDertv / Premises
LANDLORD hereby leases to TENANT, and TENANT hereby leases from LANDLORD,
three (3) satellite workstations and one (1) office together containing 291 square feet, hereinafter
referred to as the `Premises', located at the Property, and the Property floor plan is attached hereto
and made a part hereof this Lease.
ARTICLE 2. Term of Lease
TENANT shall have and hold the Premises for a term of Five (5) years, commencing on
June 1, 2022, and ending May 31, 2027, (hereinafter referred to as `Lease Term'), unless sooner
terminated pursuant to the provisions contained in this Lease. Upon its expiration the Lease Term
may be extended upon mutual, written agreement of the parties.
LANDLORD and TENANT reserves the right to terminate this Lease, with or without cause,
by providing at least thirty (30) days written notice to the address set forth in Article 14 of this
Lease. If the TENANT wishes to terminate this Lease for any reason, other than the City's default,
the TENANT must restore the Premises, to the same condition as existed at the commencement
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date, at the TENANAT's expense. Said notice shall be effective upon placement of the notice in
an official depository of the United States Post Office, Registered or Certified Mail, Postage
Prepaid.
ARTICLE 3. Rent
TENANT hereby covenants and agrees to pay as rent for the Premises the sum of Four
Thousand Three Hundred Dollars and 00/100 Cents ($4,300.00) ("Rent"). The Rent shall increase
annually on January 111, based on the overall Consumer Price Index (CPI), throughout the life of
this Lease.
ARTICLE 4. Conduct Of Business And Use Of Premises
4.01 Use of Premises. The Premises shall be converted and used for the establishment
and operation of a Clerk of Courts office, Supervisor of Elections office, and Collier County
Commissioner, District One (1) satellite office. TENANT shall not use, permit, or suffer the use
of the Premises for any other purpose whatsoever without the prior written consent of Landlord
which consent shall not be unreasonably withheld. TENANT's obligations under this Lease are
contingent upon such use of the Premises being in compliance with all applicable zoning laws,
rules, and regulations affecting the Premises.
4.02 Conduct. TENANT shall not commit waste upon the Premises, nor maintain,
commit, or permit the maintenance or commission of a nuisance thereon, or use the Premises for
any unlawful purpose. TENANT acknowledges that its employees and the Premises shall,
throughout the Term of this Lease, be in full compliance with all federal, state, TENANT, and
local statutes, laws, rules, and regulations respecting the use and occupancy of the Premises.
4.03 Hazardous Substances. TENANT shall comply with all applicable Federal, State
and local laws, regulations and ordinances protecting the environment and natural resources and
regulating hazardous substances.
4.04 Surrender of Premises. Upon termination, expiration, or cancellation of this Lease,
TENANT, at its sole cost and expense, shall remove TENANT's personal property and removable
fixtures and equipment from the Premises, and shall surrender the Premises to the Landlord. Upon
surrender of the Premises, title to any improvements constructed upon the Premises/Property shall
vest in Landlord.
ARTICLE 5. Other Expenses and Charges
LANDLORD shall pay all costs associated with the Property including, but not limited to,
janitorial services, pest control, HVAC maintenance and repair, and any utility charges, except for
telephone and internet charges, which shall be paid by the TENANT. Utility charges shall include,
but shall not be limited to, electricity, light, heat, air conditioning, power, water, and sewer services
used, rendered or supplied thereupon or in connection with the Property.
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ARTICLE 6. Modifications to Premises
Prior to making any changes, alterations, additions or improvements to the Premises,
TENANT will provide to LANDLORD all proposals and plans for alterations, improvements,
changes or additions to the Premises for LANDLORD'S written approval, specifying in writing
the nature and extent of the desired alteration, improvement, change, or addition, along with the
contemplated starting and completion time for such project. TENANT will be fiscally responsible
for any changes, alterations, additions, or improvements they request approval for. LANDLORD
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. LANDLORD shall not unreasonably
withhold its consent to required or appropriate alterations, improvements, changes or additions
proposed by TENANT. If after sixty (60) days there has been no response from LANDLORD or
its designee to said proposals or plans, then such silence shall be deemed as a denial to such request
to TENANT.
TENANT 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 Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regulations, and requirements of the United States of America, State of Florida,
County of Collier, and any and all governmental agencies.
All alterations, improvements and additions to said Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have become property of LANDLORD.
Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days
thereafter, if LANDLORD so directs, TENANT shall promptly remove the additions,
improvements, alterations, fixtures and installations which were placed in, on, or upon the Property
by TENANT, and repair any damage occasioned to the Premises by such removal; and in default
thereof, LANDLORD may complete said removals and repairs at TENANT'S expense.
TENANT covenants and agrees not to use, occupy, suffer or permit said Premises or any
part of the Property thereof to be used or occupied for any purpose contrary to law or the rules or
regulations of any public authority.
ARTICLE 7. Access to Premises
LANDLORD, its duly authorized agents, representatives and employees, shall have the right
after reasonable notice to TENANT, to enter into and upon the Premises and the Property or any
part thereof at all reasonable hours for the purpose of examining the same and making repairs or
providing services therein, and for the purposes of inspection for compliance with the provisions
of this Lease Agreement. LANDORD shall provide the TENANT with access control badges that
will grant them access to the Property; badges will not provide access to any other City owned
facility.
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ARTICLE 8. Assignment and Subletting
TENANT covenants and agrees not to mortgage, pledge, assign this Lease or to sublet the
whole or any part of the Premises, or to permit any other persons to occupy same without the
written consent of LANDLORD.
ARTICLE 9. Indemnity And Insurance
9.01 Indemnification. The parties acknowledge that the other party is a governmental
entity that is liable for its own actions and negligence, and, to the extent permitted by law, and
subject to the limitations contained in Section 768.28, Florida Statutes, shall indemnify,
defend and hold harmless the other party against any actions, claims or damages arising out
of the indemnifying parry's negligent, willful, or intentional acts or omissions in connection
with this Lease. The foregoing indemnification shall not constitute a waiver of a parties'
entitlement to sovereign immunity beyond the limits set forth in Section 768.28, Florida
Statutes, nor shall the same be construed to constitute agreement by either party to indemnify
the other party for such party's negligent, willful, or intentional acts or omissions.
9.02 Liability Insurance. Without waiving the right to sovereign immunity as
provided by Section 768.28, Florida Statutes, both the TENANT and the LANDLORD
acknowledges to be self -insured for General Liability under Florida sovereign immunity statutes
with coverage limits of $200,000 Per Person and $300,000 Per Occurrence; or such monetary
waiver limits that may change and be set forth by the Florida Legislature. In the event that either
the TENANT or the LANDLORD maintains third -party Commercial General Liability in lieu of
exclusive reliance of self-insurance under Section 768.28, Florida Statutes, both the TENANT
and the LANDLORD shall maintain said insurance policies at limits not less than $500,000
combined single limit for bodily injury or property damage.
Both the TENANT and the LANDLORD shall maintain or be self -insured for Worker's
Compensation & Employer's Liability insurance in accordance with Chapter 440, Florida
Statutes. When requested, both the TENANT and the LANDLORD shall provide an
affidavit or Certificate of Insurance evidencing insurance, self-insurance and/or sovereign
immunity status, which both the TENANT and the LANDLORD recognize as acceptable
for the foregoing coverage. Any insurance provided by a contractor operating on the
Premises shall name the LANDLORD and the TENANT as additional insureds.
Compliance with the foregoing requirements shall not relieve either the TENANT or the
LANDLORD of its liability and obligations under this Lease.
ARTICLE 10. Repairs And Maintenance
TENANT shall maintain the Premises in good condition and repair, normal wear and tear
and casualty excepted, at its sole cost and expense. The TENANT will be responsible for any and
all operating equipment, including but not limited to computers, networking equipment,
telephones, printers, copier, safes, and supply storage.
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ARTICLE 11. Default by TENANT
Failure of TENANT to comply with any provision or covenant of this Lease shall constitute
a default, and LANDLORD may, at its option, terminate this Lease after providing written notice
to TENANT, as specified in Article 2 of this Lease, unless the default be cured within the notice
period (or such additional time as is reasonably required to correct such default).
ARTICLE 12. Default by LANDLORD
LANDLORD shall in no event be charged with default in the performance of any of its
obligations hereunder unless and until LANDLORD shall have failed to perform such obligations
within thirty (30) days (or such additional time as is reasonably required to correct such default)
after notice to LANDLORD by TENANT properly specifying wherein LANDLORD has failed to
perform any such obligations.
ARTICLE 13. Notices
Any notice which LANDLORD or TENANT may be required to give to the other party shall
be in writing to the other party at the following addresses:
LANDLORD:
City of Marco Island
50 Bald Eagle Drive
Marco Island, Florida 34145
Attn: City Manager
ARTICLE 14. Surrender of Premises
TENANT:
Collier County Board of County Commissioners
c/o Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, Florida 33112
Attn: Leasing Specialist
TENANT shall deliver up and surrender to LANDLORD possession of the Property at the
termination of this Lease, or its earlier termination as herein provided, 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 LANDLORD or TENANT during the continuance thereof, ordinary wear and
tear and damage by fire or the elements beyond TENANT's control excepted.
ARTICLE 15. General Provisions
15.01. TENANT expressly agrees for itself, its successor and assigns, to refrain from any
use of the Premises which would interfere with the Property or adversely affect the operation or
maintenance of LANDLORD'S standard operations where other operations share common
facilities.
(a) Rights not specifically granted the TENANT by this Lease are hereby reserved to the
LANDLORD.
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(b) If applicable to this Lease, TENANT agrees to pay all sales tax imposed on the rental of the
Premises where required under law.
(c) TENANT agrees to pay all intangible personal property taxes that may be imposed due to
the creation, by this Lease, of a leasehold interest in the Property or TENANT'S possession
of said leasehold interest in the Premises .
15.02 Waiver, Accord and Satisfaction. The waiver by LANDLORD or TENANT of any
default of any term, condition, or covenant herein contained shall not be a waiver of such term,
condition, or covenant, or any subsequent default of the same or any other term, condition, or
covenant herein contained. The consent or approval by LANDLORD to or of any act by
TENANT requiring LANDLORD's consent or approval shall not be deemed to waive or render
unnecessary LANDLORD's consent to or approval of any subsequent similar act by TENANT.
15.03 Public Entity Crimes. As provided in Sections 287.132-133, Florida Statutes,
LANDLORD and TENANT hereby certifies that neither LANDLORD, TENANT nor their
employees, who will perform hereunder, have been placed on the convicted vendor list
maintained by the State of Florida Department of Management Services within the thirty-six (36)
month period immediately preceding the Effective Date of the Term of this Lease, This
certification is required pursuant to Section 287.133(3)(a), Florida Statutes.
15.04 Entire Agreement. This Lease and the Exhibit attached hereto constitute all
agreements, conditions, and understandings between LANDLORD and TENANT concerning
the Premises. All representations, either oral or written, shall be deemed to be merged into this
Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change, or addition
to this Lease shall be binding upon LANDLORD or TENANT unless reduced to writing and
signed by them.
15.05 Severability. If any term of this Lease, or the application thereof to any person
or circumstances, shall to any extent be invalid or unenforceable, the remainder of this
Lease, or the application or such term to persons or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected thereby, and each term of this
Lease shall be valid and enforceable to the fullest extent permitted by law.
15.06 Captions. The captions in this Lease are included for convenience only and shall
not be taken into consideration in any construction or interpretations of this Lease or any of
its provisions.
15.07 Recording. This Lease Agreement shall not be recorded in the public records of
Collier County.
15.08 Waiver of Jury Trial. THE PARTIES HERETO WAIVE TRIAL BY JURY IN
CONNECTION WITH PROCEEDINGS OR COUNTERCLAIMS BROUGHT BY
EITHER OF THE PARTIES HERETO AGAINST THE OTHER IN CONNECTION WITH
THIS LEASE.
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15.09 Time of Essence. Time is of the essence with respect to the performance of every
provision of this Lease in which time of performance is a factor.
15.10 Benefit and Binding Effect. This Lease shall be binding upon and inure to the
benefit of the heirs, successors, legal representatives, and assigns of the parties hereto.
15.11 Non -Exclusivity of Remedies. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise. No single or partial exercise by any party
of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
15.12 Non -Discrimination. The parties agree that no person shall, on the grounds of
race, color, sex, age, national origin, disability, religion, ancestry, marital status, sexual
orientation, or gender identity or expression, be excluded from the benefits of, or be subjected to
any form of discrimination under any activity carried out by the performance of this Lease.
15.13 Construction. No party shall be considered the author of this Lease since the
parties hereto have participated in extensive negotiations and drafting and redrafting of this
document to arrive at a final agreement. Thus, the terms of this Lease shall not be strictly
construed against one party as opposed to the other party based upon who drafted it. In the event
that any section, paragraph, sentence, clause, or provision hereof is held by a court of competent
jurisdiction to be invalid, such shall not affect the remaining portions of this Lease and the same
shall remain in full force and effect.
15.16 Incorporation by Reference. The Whereas clauses and Exhibit attached hereto and
referenced herein shall be deemed to be incorporated into this Lease by reference.
ARTICLE 16. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of
the following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who arc 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 17. Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the interest
of the LANDLORD in the Property shall not be subject to liens for improvements made by the
TENANT, and liens for improvements made by the TENANT are specifically prohibited from
attaching to or becoming a lien on the interest of the LANDLORD in the Property or any part of
either. This notice is given pursuant to the provisions of and in compliance with Section 713.10,
Florida Statutes.
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ARTICLE 18. Effective Date
This Lease shall become effective upon execution by both LANDLORD and TENANT.
ARTICLE 19. Governing Law
This Lease shall be governed by and interpreted according to the laws of the State of
Florida and venue shall be in a state court of competent jurisdiction in Collier County, Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
As to Landlord:
ATTEST: 3. 'Z`Z ` -��
Crystal K. Kinzel, Clerk
0 C
Attest as to . Clerk
" ianatttre only.
Appro4e4 Is 4 form and legality:
�V' Jenni
LANDLQ D
CJJ�.
Michael A. McNees, City Manager
Dated: L/ Y Z � � Z
TENANT
BOARD OZ�FLORLOR
MMISSIONERS
COLLIER
BY:
Willi-L. McDaniel, Jr., C
Dated:
Belpedio, Assistant County Attorney
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