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Agenda 04/12/2022 Item #16C 5 (Amendment No. 4 to the Lease w/SFWMD for Office Space on Horseshoe Drive)04/12/2022 EXECUTIVE SUMMARY Recommendation to approve Amendment No. 4 with South Florida Water Management District to continue leasing office space for Tourism on Horseshoe Drive North for three years and increase the lease’s termination notice period to 120 days. OBJECTIVE: To approve Amendment No. 4 to continue leasing office space from South Florida Water Management District for the Tourism office for an additional three-year term. CONSIDERATIONS: Since 2014, the County has been leasing approximately 4,480 square feet of office space that is owned by South Florida Water Management District (SFWMD) located at 2660 Horseshoe Drive North. This office was once occupied by Tourism and Economic Development, but most recently, by Tourism alone. The initial five-year lease expired on May 31, 2019, and Amendment No. 1 was approved by the Board on April 23, 2019, Amendment No. 2 on April 28, 2020, and Amendment No. 3 on March 23, 2021. At this time, the County wishes to continue leasing at this location until Tourism can be relocated to a County-owned facility. In the past, SFWMD processed annual renewals, but County staff has requested an extended term to eliminate resubmitting amendments to the Board each year. Amendment No. 4 provides for a three -year renewal term and includes a provision for either party to terminate at any time by providing 120 days’ prior written notice. All terms contained in the initial Lease shall remain in full force. The annual rent for the first-year renewal for the office space will be $78,136.18, or $17.44 per square foot, which includes Common Area Maintenance (CAM) fees. The County is responsible for utility charges. The annual rent will be increased by 2.5% for each year of the lease term. To date, the County has paid rent in the amount of $560,247 to SFWMD for use of this office. FISCAL IMPACT: The annual rent for the first one-year extension term will be $78,136.18, to be paid in monthly installments of $6,511.35, utility charges and annual rent increases, shall continue to be paid from TDC - Promotion/Spec (194), TDC Advertisement and Promotions CAT B (101540). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: To approve and authorize the Chairman to execute Amendment No. 4 with South Florida Water Management District. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Fourth Amendment to Lease Agreement 4600003056 - JAK signed (PDF) 2. Tourism Office Lease Agreement - Initial Term 2014 (PDF) 3. Tourism Office Lease Amendment 1 fully executed 2019 (PDF) 4. Tourism Office Lease Amendment 2 fully executed - 2020 (PDF) 5. Tourism Office Lease Amendment 3 fully executed - 2021 (PDF) 16.C.5 Packet Pg. 1165 04/12/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5 Doc ID: 21784 Item Summary: Recommendation to approve Amendment No. 4 with South Florida Water Management District to continue leasing office space for Tourism on Horseshoe Drive North for three years and increase the lease’s termination notice period to 120 days. Meeting Date: 04/12/2022 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 03/28/2022 3:42 PM Submitted by: Title: Director - Facilities Maangement – Facilities Management Name: Ed Finn 03/28/2022 3:42 PM Approved By: Review: Tourism Paul Beirnes Additional Reviewer Completed 03/28/2022 4:23 PM Facilities Management Jennifer Belpedio Manager - Real Property Completed 03/30/2022 10:20 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/30/2022 11:32 AM Facilities Management Ed Finn Director - Facilities Completed 03/30/2022 6:40 PM Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 03/31/2022 8:01 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/31/2022 8:48 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/31/2022 9:02 AM Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 04/01/2022 11:58 AM Facilities Management Ed Finn Additional Reviewer Completed 04/05/2022 3:24 PM County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 04/06/2022 10:30 AM Board of County Commissioners Geoffrey Willig Meeting Pending 04/12/2022 9:00 AM 16.C.5 Packet Pg. 1166 16.C.5.a Packet Pg. 1167 Attachment: Fourth Amendment to Lease Agreement 4600003056 - JAK signed (21784 : Recommendation to approve Amendment No. 4 with 16.C.5.a Packet Pg. 1168 Attachment: Fourth Amendment to Lease Agreement 4600003056 - JAK signed (21784 : Recommendation to approve Amendment No. 4 with 16.C.5.a Packet Pg. 1169 Attachment: Fourth Amendment to Lease Agreement 4600003056 - JAK signed (21784 : Recommendation to approve Amendment No. 4 with 16.C.5.a Packet Pg. 1170 Attachment: Fourth Amendment to Lease Agreement 4600003056 - JAK signed (21784 : Recommendation to approve Amendment No. 4 with Jctc,--a! * / d t ORIGINAL l. Premises. The District hereby leases to County approximately 4,840 square feet of o{fice space as described in Exhibit A together with the right to use in common with others, the hallways necessary for access to the leased premises, and restrooms nearest to the leased space, (the "Premises"). 2. Key Terms. The Key Terms s€t forth above are part of this Lease ("Key Terms"). 4. kese Term. This t-ease is valid for five (5) years and shall terminate on the date indicated in the Key Terms set forth above. unless earlier terminated pursuant to other provisions ofthis Lessee:Lease Term & Expiration: Five (5) Yeani May 3l, 2019 Three option one year rcnewals Effective Date:June l. 2014 l,ease Purpose: Districr Property Nrme & County: 2660 Horscshoc Drive North Suite 105 Naples, FL 34lM Collier Courty Aree lgsed:See Exhibit A Cotrtnct Number:4600003056 Encumbrence ID: Monthly Payment Due Dcte: I " ofeach month, in advance, commencing on the dale of execution of this Lease Rent end Arnurl Adjustments: Michael Dowling 3335 Tamiami Trdil East Naples, FL 34112-5746 S€rd NoticB lo the District Projecl Meneger: SFWMD Auention: Michael Hiscocl" General Scrvices Section Administator 3301 Gun Club Rd West Palrn Beach FL 33406 or E-mail: mhiscoc@shxmd.gov Send Payments to the District: South Florida Water Management District P.O. Box 16@6 West Palm Bemh, FL 334 t 6-6606 Federal Tax lD # 59{015290 Page I of9 Ofiice Leese This Lease (..kase") is made and entered into by and between the South Florida water Management District (District), a govemment entity existing under Chaper 373, Florida Statutes, and Colli; County (County). The Effective Date ofthis Lease and address of the parties are provided below. Key Terms Collier County Office Space Not Applicable Total 3337,0EE.35 Se€ pangraph 6 Send NoticB to CouDty Proiect Mrneger: MichaelDowlins@colliereov. net 3. Erhibits. Erhibir A (Description and Site Plan of the Leased Premises) is attached to and made a part of this Lrase. 16.C.5.b Packet Pg. 1171 Attachment: Tourism Office Lease Agreement - Initial Term 2014 (21784 : Recommendation to approve Amendment No. 4 with South Florida Lease ("l,ease Term"). At the option ofthe District, this lrase may be renewed for thrce additional one- year periods. 5. Use ofthe Premises. Th€ County shall use the Premises for general office use only and shall comply with all City zoning requirements. Other uses arc not allowed without sPecific prior written authorization from the District. 6, Rent. County shall pay rent to the District as stated below (the "Rent") (a) Total Five (5) Year Lease: $337,088.15 (b) The Rent amount shown is based on 4,840 per square foot ("SF"). The starting lease rate is $13.25lSF. Each subsequent year shall be escalatedby 2.5Yo. (c) The Rent is payable in monthly installments, in advance, on the first day ofeach month. Ifthe parties elect to begin the lease sooner than June l, 2014 or ifthe lease ends on a day other than the first or last day ofa calendar month, the installment ofRent payable on the first day ofthe Lease Term, or the first day of the last calendar month of the Lease Term shall be prorated for such first or lasl partial year on the basis ofa 365day year. County will pay all Rent without set-off, deduction, counterclaim or demand to the Districl at its address set forth in the Key Terms. County shall address rent payments and maintenance questions to the District as set forth in the Notice section ofthe Key Terms on page I of this Lease. (d) Prior to the expiration of the Lease term and prior to the expiration of any Lease extensions, the County may requesl an extension of the term of this Lease by providing written notice to the District not less than six (6) months prior to the expiration of the Lease or any Lease extensions. Upon the receipt of such written notice. District shall have the right, in its sole and absolute discretion, to approve or reject County's request for an exlension of lhe [,ease. In the event the District approves County's request for an extension, District will provide written notice !o County of such approval, including the rental amount for the extension. County shall than have ten (10) days from the date of District's approval notice to provide written notice to District of its acceptance or rejection of the terms of the extension. ln the event County accep(s dle extension and the conesponding rent, the parties shall execute an extension of this Lease on or beforc the expiration of the current term. All other terms and conditions ofthis Lease shall remain in full force and effect throughout any and all extensions ofthis Lease unless modified through the executed Lease extension. (e) Late Chrrge. If rent or any other sum payable hereunder remains oustanding for a period often ( l0) days, the County shall pay to the District a late charge equal to one and one-halfpercent ( I .5%) ofthe amount due for each month or portion thereofduring which the arrearage continues. 7. S€rvices .[d other items provided urder the Lcgs€. In consideration of Rent paid by the County the Disrict will provide the following items. (a) The District will maintain the exterior of the Premises in the same manner it provides for the other buildings on site owned by the District. Year One Year Two Year Three Year Four Year Five 2015): 2016): 2017): 20r8): 2019): (June l, 2014 - May 3l (June l, 2015 - May 3l (June I, 2016 - May 3l (June l, 2017 - May l3 (June 1,2018-May3l $64,130.00 or $5,344.17 per month $55,733.25 or $5,477.77 per month $67,376.5t or $5,614.72 per month $69,061.00 or $5,755.08 per month $70,787.52 or $5,898.95 per month Page 2 of9 16.C.5.b Packet Pg. 1172 Attachment: Tourism Office Lease Agreement - Initial Term 2014 (21784 : Recommendation to approve Amendment No. 4 with South Florida (b) The District will pay for water and sewer services for the Premises' (c) common Area Maintenance (cAM) fees including garbage collection shall be paid by the District. (d) Parking is provided for both personal and county-owned vehicles at the county's own risk. The County may not stor€ any other vehicles, equiPment or boats in the parking lot. The District assumes no responsibility for the safety or security ofany vehicles or for County staff or visitors. t. Items not pmvided under the Lease. The District will not provide the following items and they are the County's rcsponsibility. (a) The County is responsible for gas, heat, light, powcr, telephone and any other utilities and services it requires. (b) The County is responsible for obtsining any janitorial services, other cleaning sewices. and pest control services it may need. (c) The County is responsible for all interior maintenance, repairs or improvements it requircs. (d) The County is responsible for safety, security and insurance of its property, employees, visitors and invitees. The District assumes no responsibility for the safety or security ofany vehicles or County staff, visitors, or invitees. Page 3 of9 9. Altcrrtiors rnd ImprovemeDB. (a) The County shall not make any altentions, additions or improvements to the premis€s withogt written consent of the District. Such alterations, addilions or improvements shall be made at the sole expense of the County and must be executed in accordance with applicable building codes and local regu lations. O) At the conclusion ofthe t-erse. all improvements will become the property ofrhe District except tfiose fixtures which sre removable without damage whatsoever to the building that the County may take with them. The District will not pay the County for any improvements. (c) If the District terminates this lease for convenience during the initial 5 year lease term, the District will pay the County up to Sl5,000 for the pro-rata cost ofthe improvements for the remaining term ofthe lease. The District will only pay for those improvements for which the County provides proof ofthe cost. For example, if the Dist'ict terminates the lease after Year I, and the County provides proof that it spent $10,000 on improvements, the District will pay the County $8,000. The District will not pay the County for improvements if the District terminates the lease for cause or if the County terminates the lease for any reason. 10, Mrintenrnce. The County acknowledges that the Prcmises are in good condition at the beginning of this lease and shall maintain the Premises in good order and condition at its sole cosl and expense. All maintenance and repairs ofthe Premises shall be done in a good and workmanlike manner and to the satisfaction of the District. The County shall maintain and rcpair, at its sole cost and expense, plumbin& electrical, HVAC and other systcms within the demised Premises as required to keep the Premises in good working order and condition. The County shall keep the leased property clean and fiee 16.C.5.b Packet Pg. 1173 Attachment: Tourism Office Lease Agreement - Initial Term 2014 (21784 : Recommendation to approve Amendment No. 4 with South Florida of debris and shall provide adequate security to reasonably prevent vandalism, unauthorized entry and darnage to the property. 11. Signrge. No signs shall be placed on the property without sp€cific- prior written authorization from thJ Disrict. Tte County must obtain any and all permits and approvals for signs as required by the City of Naples and other applicable r€gulatory agencies. The cost of fabricating, constnrcting and/or erecting signage shall be the sole responsibility ofthe County. 12. Dfutrict's Accesr. The District or its agent may enter the leased prcmises at any reasonable time for the purpose of examining the Premises or for making any other repairs the District determines is necessary for the safety and preservation of the Premises. 13. Notice. All formal notices between the parties under this Lease must be in writing and will be deemed received if sent by U.S. mail, electonic mail, or ovemight delivery, or for cure and default notices by certified mail, to fte r€spective addresses stated in the Key Terms on page I of this Lease. All notices under this Lease shall be considered delivered upon receipt. If either party changes its address, it must send wrifen notice of its new address lo the other Party. County must refercnce dre District's Contract Number specified in the Key Terms on page I of this Lease on all nolices to the Distict. The parties shall direct all matters arising in connection with the pcrformance of this Lease, other than payments to the attention of the respective Project Managers specified in the Key Terms on page I of this trase. The Project Managers will coordinate and oversee all matters relating to the performance of this kase. County shall submit all payments to the address stated on page I of this kase. 14, Compliance with hws. County, its employees, subcontractors, and assigns shall comply with all applicable federal, state, and local laws and regulalions r€lating to the performance ofthis t ease. County shall not allow on the leased premises or elsewhere on the District's property any hazardous toxic, inflammable, combustible or explosive fluid, malerial, chemical or substance. County must comply with requirements imposed by the Americans with Disabilities Act rslative to the layout of the leased premises and any work performed by the County therein. County must obtain and pay all fees for any and all licenses or permits required to operate their business on the premises. 15. Risk end Insurenc=. All penonal pmperty of any kind that may be on the Premises during the Lease Term is at the sole risk of the County. The District is not liable to County for any loss or damage to it. County is solely responsible for security and insurance for all personal property located in the Premises as well as any damage or loss County causes to the District's real or personal property. County assumes all risk of personal injury, bodily injury, wrongfirl death, and property dsmage or loss to ilselt its officers. employees, contractom, agents. and visitors unless the damage, injury, death, or loss was caused by the District. Each party represents that it has adequate insurance coverage or is self-funded for any losses or claims for bodily injury. personal injury, wrongful death, property damage or loss. and workers compensation. The County shall rcquire all its contraclors: I ) to obtain comprehensive general liability insurance and auto liability insurance with minimum limits of coverage in the amount of $2,000,000 per occurrence, bodily and property damage combined, 2) list the District as additional insured, and 3) indemni! and hold the District harmless from all damages arising in connection with this Lease. 15. I)emage to Premiscs. The County must, in the case of fire or water damage of any kind, give immediate notice to the District. In the event the prcmises hercin should be so damaged that the District must make extensive repairs or rebuild the premises, all occupancy shall cease. Pagc 4 of 9 16.C.5.b Packet Pg. 1174 Attachment: Tourism Office Lease Agreement - Initial Term 2014 (21784 : Recommendation to approve Amendment No. 4 with South Florida 17. Termination for Convenience. Either party may terminate this trase at any time for convenience by providing at least six (6) months prior written notice to the other party. Neither party will have liability io. "ny to-rt resulting from the termination including, but not limited to, lost Profits and consequenti;l damages. ln the event of termination for reasons other than the County's default, the Districi will retum 6 County a pro-rata share ofany rent paid for any unused term ofthe initial five (5) year Lease. Surrender. The Cbunty shall at the expiration or other termination of this lease remove all 'County,s goods and effects from the Premises, including all signs and lettering affixed or painted by the Courty, "ith". inside or outside the Pr€mises. County shall deliver to the District the Premises and all keys and other fixtures in good condition. [n the event County fails to remove any of its FoPerty from thi premises, the District ii hereby authorized, without liability to County for loss or damage thereto, and at the sole risk ofCounty, to r€move, retain, destoy, or s€ll it without notice. lE. Condition of the Prtnises. The Premises are leased in its "As Is, Where Is, and With All Faults" condition. County has examined the Premises to its complete and total satisfaction and accepts it in its present condition and is satisfied that it can use it for County's purposes. The District makes no representations or warranties to County about the condition or potential use ofthe P.op".ty. 19. Radon Gas. Florida Statute Section 404.056(5) requires the following notice in all rental agreements for any building. 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 stste guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. 20. Force Majeure. In the event that the District is prevented or delayed from performing any other covenant hereunder by reason of any cause reasonably beyond the control of the District, the District shall not be liable to the County therefor, nor, except as expressly otherwise provided in case of casualty or taking shall the County be entitled to any abatement or reduction of rent by reason thereof, nor shall the same give rise to a claim by the County thal such failure constitutes actual or constructive eviction fiom the leased premises or any part thereof. 21. No Discriminetion. County and its agenls will not discriminate against any person on the grounds ofrace, color, creed, national origin, handicap, age, or sex in any activity under this Lease. 22. Applicable Laws. The laws of the State of Florida shall govem all aspects of this Lease. In the event it is necessary for either party to initiate legal action regarding this Lease, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southem District of Florida for any claims which are jusriciable in federal court. 23. The County shall maintain records and the District shall have inspection and audit rights below. The County shall similarly require each subconractor to maintain and allow access to such records for audit purposes: Maintenance of Records: The County shall maintain all financial and non-finarcial(a) records and supporting maintained Lease. reports directly or indirectly related to the negotiation or performance ofthis Lease including documentation for any service rates, expenses, research or reports. Such records shall be and made available for inspection for a period offive (5) years from the exptation date ofthis O) Examination of Records: The District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly P€€5of9 16.C.5.b Packet Pg. 1175 Attachment: Tourism Office Lease Agreement - Initial Term 2014 (21784 : Recommendation to approve Amendment No. 4 with South Florida rclated to this Lease. Such examination may be made only within five (5) years fuom the exPiration date of this Lease. (c)Extended Availabili tv of Records for Leml DisDutes: In the event thal the District should become involved in a legal dispute with a third party arising from performance under this Lease, the County shall extend the period of maintenance for all records relating to the Lease until the final disposition ofthe legal dispute. All such records shall be made readily available to the District. 24. Designeted Nrtiotrrb rnd Blocked Persons. The County, by its execution of this Lease, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the District is included on the list of Specially Designated Nationals and Blocked Persons (SDN LisQ which is administered by the U.S. D€partrnenl of Treasury, Ofiice of Foreign Assets Contol. The County further understands and accepts that this [,€ase shall be either void by the District or subject to immediate termination by the District, in the event there is any misrepresentation. The District, in the event of such termination, shall not incur any liability to the County for any work or materials fumished. 25. E-VeriS. County must verifr employee suthorization to work in thc U.S. and certif thal a good faith effort has been made to properly identi! employees by timely reviewing and completing appropriate documentalion, including but not limited to the Department of Homeland Security, U.S. Cirizenship, and Immigration Services Form l-9. Answers to questions regarding E-Verifu as well as instructions on enrollment may be found at the E-Veriry website: *ur.'. uscis.gor'1e-veri0. 26. No Tbird Prrty Bcnelicirries. This Lease is solely for the benefit ofthe County and the District. No person or entity other than lhe County or the Disrid shall have any rights or privileges under this l,ease in any capacity whatsoever, either as thnd-party beneficiary or otherwise. 27. Assignment. County must not assign. sublease, or otherwise transfer any portion of its rights and obligations under this Leas€ without an amendment to this Lease. The Disrict in its sole discretion may either allow or refuse an assignmen! transfer. or sublease. Notwithstanding such consent, County shall remain liable to Districl for the payment of all Rent and for the full performance of the covenants and conditions of this leasc. 28. Wriver. No waiver of any term of this Ageement constitutes a waiver of any other provision, whether similar or dissimilar. No waiver of any term constitutes a continuing waiver. No waiver is binding unless signed in writing by the waiving party. 29. Severebility. If any term ofthis Ag€ement is for any reason invalid or unenforceable, the rest of the Agreement remains fully valid and enforceable. 30. Entire Agrtement. This lrase constitutes the entire agrcement betwe€n the parties and supersedes all prior and contemporaneous agreement, repr€sentations, and undertaking. No supplement, modification, or am€ndment of this agreement will be binding unless it is in writing and signed by both parties. 31. Condominium Association. This Lease is subjecl and subordinate to all of the provisions, covenants, and requirements of the Declararion of Restriction for Collier Park of Commerce recorded in Official Records Book 1490, Page 1915, et seq. in lhe public records of Collier County as subsequently modified and amended. Page 6 of9 16.C.5.b Packet Pg. 1176 Attachment: Tourism Office Lease Agreement - Initial Term 2014 (21784 : Recommendation to approve Amendment No. 4 with South Florida IN WITNESS IIEREOF, the said parties hereunto s€t their hands and seals as of this{{|tky of l-\o'-^r. zotq. /-l South Florida Wgter Msnagem€nt District By lts Governing Board 1",r,, OF Attest : PRINT NAML AS ITS By PRINT NAI"G DATE SFWMD BY As A"PROvED: CLERK tr D^I a. l, ' tt S LESSEE: Board of County C County, F da By Name: Tom Henning Title: Chairman ssioners, Collier (wi c (Witness ame) (w Signature) Date 5\zr\tq (Witness nted Name) form and legality Jeffrey A. Klatzkow nty Attorney O?uty l I ski iffittoctairmant siqnature oih. Page 7 of9 $EAL tl I to 16.C.5.b Packet Pg. 1177 Attachment: Tourism Office Lease Agreement - Initial Term 2014 (21784 : Recommendation to approve Amendment No. 4 with South Florida : $ II I I I H l--t I Et[ I to }I-E I I q r: ri ri{., t+:ltD ,l d ;i tsl -I. l.t:i! E. ;8 F o illi I I o t- I F T B 9 I<_k ii ,rrl $lt ,lir , I lilluiiil!lI I { i I ! li I I I I ! I I I I I oJ I t H T t ,l if l{red-- I I!t 1I llr $l Itr r:l I I !ilt tt I ,t T c t I I I I II I T , II oES b $li 6 I I I II ku ii B€ q+ s \ ii I I ? s ti Ih iilti III I d tr, iii "rt lt iiiii* !iiii j,t t t- tl !l I I t II I t, L ti : I; E Ei Ir )! Ei=oP ritg gi I I lri rl 2660 Horses Noples, FL oe Drive N. # 105 Ee Lxl! I Il I T t I iI I Page 8 of 9 I I I i I I I II I I, I : 16.C.5.b Packet Pg. 1178 Attachment: Tourism Office Lease Agreement - Initial Term 2014 (21784 : Recommendation to approve Amendment No. 4 with South Florida .9 o 3. SYSIEIIS FURIgghftG AFEA ! -lr '-ti -,d. oII ,:-,@ \1!r' (I'* ll" FLOOR PLAN ai a./ 1-iir' ,,@ aYtBTE .6 r.ufii.rsttltc AtEt 4:r!' ;o, :i* l,*'l alRY.' 'J1:.--..---rtf- -.- .,,- -----------_-J{r,{' tE If"l o0'n o o rO -1 1 I I I I I t ;1-l I }l !l I -il.il .{ I I I I I.t -ri oi I I i ---+ -!tti I 1 I I I ! I .!i qONfERENcE I.ig t i o J I ,+-:,o 1l 1:- tQ@Y I ..i.. 9YSrESS FURtJtSt0t{O t I - \tt 6..t -, wEsT BUlLOlt{G gYSIEA FURM.}IIG,T l l 1 -ii _; i ! ,il .tto :1' 1iI 1i io: L'-:n- r; Page 9 of9 {: I $i I o ao) rF !. a @ +i'-t' ti8' .n til 16.C.5.b Packet Pg. 1179 Attachment: Tourism Office Lease Agreement - Initial Term 2014 (21784 : Recommendation to approve Amendment No. 4 with South Florida 16.C.5.c Packet Pg. 1180 Attachment: Tourism Office Lease Amendment 1 fully executed 2019 (21784 : Recommendation to approve Amendment No. 4 with South 16.C.5.c Packet Pg. 1181 Attachment: Tourism Office Lease Amendment 1 fully executed 2019 (21784 : Recommendation to approve Amendment No. 4 with South SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 4600003056-A02 AMENDMENT NO. 02 TO LEASE AGREEMENT NO,4600003056 BETWEENTHE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY, FLORIDA This AMENDMENT NO. 02, is entered into on Agreement having an effective date of June l,2014, and as amended on May 20, 2019 (Amendment 0l ), between "the Parties," the South Florida Water Management District, a govemmental entity created pursuant to Chapter 373 Florida Statutes (DISTRICT), and Collier County, a political subdivision of the State of Florida (COLINTY). Background l. The Goveming Board of the District, at its May 14, 2014 meeting, approved entering into this Lease Agreement with the Parties for a five (5) year lease ofa portion ofthe Big Cypress Basin Service Center. 2. The term of the Lease Agreement is five (5) years with three one-year renewal periods to be exercised at the option of the DISTzuCT. 3. The Parties amended the Lease Agreement to extend the period of performance (Amendment 0l), of the Lease Agreement. 4. The Parties wish to amend the Lease Agreement to extend the period of performance, revise the annual rental amount, and amend the Terms and Conditions ofthe Lease Agreement. Tcrms end Conditions 5. The term ofthe Lease Agreement is hereby extended by 365 days and the expiration date, as amended, is May 31, 2021. Regardless of the actual date of execution, this AMENDMENT NO. 02 shall be effective as of June l, 2020. to that Lease P!g. I of 3, Am.ndncnt No. 02 to Lc6. A8rlcnEnt No. 4600001056 @ MAY 18, 2020 16.C.5.d Packet Pg. 1182 Attachment: Tourism Office Lease Amendment 2 fully executed - 2020 (21784 : Recommendation to approve Amendment No. 4 with South 6 7 SOUTII FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT This AMENDMENT NO. 02 shall be at no additional cost to the DISTRICT. The annual rent amount is also hereby revised as follows: Year One Year Two Year Three Year Four Year Five Year Six Year Seven (June (June (June (June (June (June (June l, 2014 - May 3l, 2015): 1,2015 - May 31,2016): l, 2016 - May 31,2017): 1,2017 - May 13,2018): 1,2018 - May 31,2019): 1,2019 -May 31,2020): 1,2020-May 3l,Z02l): $64,130.00 or $5,344.17 per month $65,733.25 or $5,477.77 per month $67,376.58 or $5,514.72 per month $69,061.00 or $5,755.08 per month $70,787.52 or $5,898.95 per month $72,557 .21 or $6,046.114 per month $74,371.14 or $6,197.59 per month 8. Paragraph l7 is hereby deleted and restated as follows: "Termination for Convenience, Either party may terminate this Lease at any time for convenience by providing at least sixty (60) days prior wdtten notice to the other party. Neither party will have liability for any loss resulting from the termination including, but not limited to, lost profits and consequential damages. In the event of termination for reasons other than the County's default, the District will return to County a pro-rata share of any rent paid for any unused term of the initial live (5) year Lease. Surrender. The County shall at the expiration or other termination ofthis Lease remove all County's goods and efects from the Premises. County shall deliver to the District the Premises and all keys and other fixtures in good condition. In the event County fails to remove any of its property from the Premises, the District is hereby authorized, wilhout liability to County for loss or damage thereto, and at the sole risk of County, to remove retain destroy or sell it without notice." 9. All other terms and conditions ofthe Lease Agreement remain unchanged. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO, 02 on ttre date first written above. Pagc 2 of3, AmcndmcntNo. 02 !o Lcasr Agrccment No.4600003056 Total Seven (7) Year Lease: $484,016.70 @ 16.C.5.d Packet Pg. 1183 Attachment: Tourism Office Lease Amendment 2 fully executed - 2020 (21784 : Recommendation to approve Amendment No. 4 with South SFWMD OFFICE oF CoUNsEL APPRovED BY -r*ltla SOUTH F'LORIDA WATER MANAGEMENT DISTRICT AMENDMENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT By: Candida Heater, Director Administrative Services Division JA wY€3_ COLLIER COUNTY, FLORIDA PRINT DATE:oI SFWMD PRocu BY: DA (, A4^ L a<,JAY) BY: Approvcd as to lbrm and lcgllity tant County 1cy ATTEST CRYSTAL Page 3 of 3, AmendmentNo.02 !o lrase Agreem€nt No. 4600003056 v Burt L. Saunders, Chairman @ 16.C.5.d Packet Pg. 1184 Attachment: Tourism Office Lease Amendment 2 fully executed - 2020 (21784 : Recommendation to approve Amendment No. 4 with South SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT Page 1 of 3, Amendment No. 03 to Lease Agreement No. 4600003056 4600003056-A03 AMENDMENT NO. 03 TO LEASE AGREEMENT NO. 4600003056 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISIONERS, COLLIER COUNTY, FLORIDA This AMENDMENT NO. 03, is entered into on ______________ to that Lease Agreement dated June 1, 2014, and as amended on May 20, 2019 (Amendment 01) and May 18, 2020 (Amendment 02), between "the Parties," the South Florida Water Management District (DISTRICT), and Collier County Board of County Commissioners (COUNTY). Background 1. The Governing Board of the District, at its May 14, 2014 meeting, approved entering into this Lease Agreement with the Parties for a five (5) year lease of a portion of the Big Cypress Basin Service Center. 2. The term of the Lease Agreement is five (5) years with three one-year renewal periods to be exercised at the option of the DISTRICT. 3. The Parties amended the Lease Agreement to extend the period of performance and revise the annual rental amount (Amendment 01), extend the period of performance, revise annual rental amount, and revise the terms and conditions (Amendment 02), of the Lease Agreement. 4. The Parties wish to amend the Lease Agreement to extend the period of performance, increase the total revenue amount, and the annual rental amount of the Lease Agreement. Terms and Conditions 5. The term of the Lease Agreement is hereby extended by one (1) year and the expiration date, as amended, is May 31, 2022. Regardless of the actual date of execution, this AMENDMENT NO. 03 shall be effective as of June 1, 2021. 16.C.5.e Packet Pg. 1185 Attachment: Tourism Office Lease Amendment 3 fully executed - 2021 (21784 : Recommendation to approve Amendment No. 4 with SouthMay 25, 2021 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 7. The monetary consideration for the Lease Agreement is hereby increased by the amount of $76,230.42, for ttotal revised revenue amount of$560,247.1l. 6. This AMENDMENT NO. 03 shall be at no additional cosr to the DISTRICT, 8. The annual rent amount is also hereby revised as follows: Year One Year Two Year Three Year Four Year Five Year Six Year Seven Year Eight (June 1, 2014 - May 31, 2015): (June 1, 2015 - May 31, 2016): (Junc 1, 2016 - May 31,2017): (June 1, 2017 - May 13, 20'18): (June 1,2018 - May 31,2019): (June 1, 2019 - May 31,2020): (June 1, 2020 - Ivlay 31,2021): (June 1, 2021 -May 31,2022): $64,130.00 or 55,3214.17 per month 565,733.25 or $5,477.77 per morith $67,376.58 or $5,614.72 per month $69,06'1.00 or 55,755.08 per month $70,787.52 or $5,898.96 per month $72,557.?1or $6,046.44 per month $74,371.14 or $6,197.59 per month $76,230.42 or $6,352.53 per month Total Eight (8) Year t*ase: 5560,247.1 I 9, All other terms and conditions ofthe Lease Agreement remain unchanged. THIS SPACE NTENTIONALLY LEFT BLANK Pagc 2 of3, Arn.'dmdlt No. 03 !o lrasc ASrc.mat No. 4600003055 16.C.5.e Packet Pg. 1186 Attachment: Tourism Office Lease Amendment 3 fully executed - 2021 (21784 : Recommendation to approve Amendment No. 4 with South SOUTH FLORIDA WATER MAIIAGEMENT DISTRICT AMENDMENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARI) By: Drew Bartlett, Executive Director By: Csndida Heater, Director Administrative Services Division SFWMD OFFICE or CoLISEL AIPROVED AS TO EORM BY: PruITNauE: Thomas SFWMD P BY:IDarE: Jsnuarv ls. 2021 BOARD OF CO COI,INTY, FLORII) By: Title: SIO COLLIER ,dr/3,zs ,2\q\ B-r a. 1--,l Apprcyed as lo lbrm and ltgcli ty slsnt county :AR K.CLERK q-oe Prgr 3 of3. Amcndmcnt No. 0l to [rr!c Agrccm.nt No 4600003056 , ?- IN WITNESS WHEREOF, the Parties or their duly authorized represenratives hereby execute this AMENDMENT NO. 03 on the date first written above. D^rE: January 19, 2021 only.\ 16.C.5.e Packet Pg. 1187 Attachment: Tourism Office Lease Amendment 3 fully executed - 2021 (21784 : Recommendation to approve Amendment No. 4 with South