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Backup Documents 05/24/2022 Item #16C 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 C 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE� FORatifif,k-forfo*tr§ert- Complete SIGNATURE ROUTING SLIP Solt +0 routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with � 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 X)M 1.5'131 fra2 RTT / 2. BCC Office Board of County Commissioners by! b/ 6/I/2 2 3. Minutes and Records Clerk of Court's Office ,n k. le I .�o 't loom— 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/ Dept intent Agenda Date Item was May 24,2022 Agenda Item Number 16.C.2. Approved by the BCC Type of Document Second Amendment to Lease Agreement— Number of Original 1 Attached Patriot Place Trust 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 fmal 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 5-24-2022,and all changes made during MD the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the MD BCC, all changes directed by the BCC have been made,and the document is ready for the 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 I 2 Memorandum To: Minutes and Records Clerk to the Board From: Michael Dowling Senior Property Management Specialist Real Property Management Date: May 24, 202 Subject: Patriot Place Trust Second Amendment to Lease Agreement BCC Date: May 24, 2022 BCC Agenda Item: 16.C.2. Please attest and provide me with the original so that I may forward to the landlord 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 16C 2 MEMORANDUM Date: June 1, 2022 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Sr. Deputy Clerk Boards Minutes & Records Department Re: 2"d Amendment to Lease Agreement— Patriot Place Trust Attached are two originals of the document referenced above (Item #16C2) approved by the Board of County Commissioners on Tuesday, May 24, 2022. Attached are the originals, please forward a fully executed original back to the Board's Minutes and Records Department to be kept as part of the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment Lease IS6C 2 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Amendment"), entered into this / day of , 2022, by and between PATRIOT PLACE TRUST, whose mailing address is 13245 Tamiami Trail st, Suite 101, Naples, Florida 34114, hereinafter referred to as "LESSOR," and Collier County, a political subdivision of the State of Florida, whose mailing address is c/o Real Property Management, 3335 East Tamiami Trail, Suite 101,Naples, Florida 34112, hereinafter referred to as"LESSEE." WITNESSETH WHEREAS, the LESSOR and LESSEE have previously entered into a Lease Agreement dated August 25, 2020, and a First Amendment to Lease Agreement dated June 22, 2021, hereinafter referred to collectively as the `Lease,' which are attached hereto and made a part hereof this Amendment; and WHEREAS, the LESSEE and LESSOR are desirous of extending the lease term and providing for automatic one-year renewals; and NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby further amended as follows: 1. The following provision shall be added to Article 2 of the Lease Agreement : Following the renewal expiration date of June 31, 2022, the Lease term shall extend for one (1) year with • automatic annual renewals. LESSEE shall have the right to terminate the Lease at any time by providing the LESSOR with thirty-day (30)advanced written notice. 2. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and year first above written. AS TO THE LESSOR: PATRIOT PLACE TRUST DATED JPJ/1e// qd' BY: Christopher P. Morra, as Trustee AS TO THE LESSEE: BOARD OF COUNTY COMMISSIONERS, c d e�a�-- COLLIER COUNTY, FLORIDA DATED:�- ' ATTEST: 'tom _ .i Crystal-K. Kinzel, Clei'k BY: •• Willi`• L. McDaniel, Jr., Chairperson BY: Attest s to Chairnianlety I k signature only. , ' J� App- d as to f rm and egality: J Pi *CJ •\10\411,i1Q% Ronald T. Tomasko, Assistant County Attorney .�,�'i\ 1, O C:ii." 1 6 C 2 Lease#PS 139 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment"), entered into this 22nd day of June, 2021,by and between PATRIOT PLACE TRUST,whose mailing address is 13245 Tamiami Trail East, Suite 101,Naples, Florida 34114, hereinafter referred to as"LESSOR,"and Collier County,a political subdivision of the State of Florida; whose mailing address is c/o Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples,Florida 34112, hereinafter referred to as"LESSEE." WITNESSETH WHEREAS, the LESSOR and LESSEE have previously entered into a Lease Agreement dated August 25, 2020,hereinafter referred to as the `Lease,' which is attached hereto and made a part hereof this Amendment;and WHEREA'.,, the LESSEE and LESSOR are desirous of extending the lease term;and NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and Ten Dollars($10.00)and other valuable consideration,the Lease is hereby further amended as follows: 1. The following provision shall be added to Article 2 of the Lease Agreement: Following the renewal expiration date of June 31, 2021, the Lease term shall extend for one (I) year. LESSEE shall have the right to terminate the Lease by providing the LESSOR with thirty-day(3)advanced written notice. 2. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and year first above written. AS TO THE LESSOR: PATRIOT PLACE TRUST DATED: 67/ / d)/ f . Christopher P. Morra, as Trustee AS TO THE LESSEE: BOARD OF/COUNTY COMMISSIONERS, COLLIE ,C , FLORIDA DATED: IO ATTEST: Crystal.K. Kinzel,Clerk BY: ; eii Penny Ta for hair k Tay or, „ ;., 0„Ptclerk Y\ �.�%.4 L'N I.G r i la uiUre only. Approved as to form.and-legality o � (. Jenni . Be pedio,Assistant County Attorney -CD S I i c z Lease # /) % , (/ LEASE AGREEMENT THIS LEASE AGREEMENT entered into this 25th day of August, 2020, between PATRIOT PLACE TRUST, whose mailing address is 13245 Tamiami Trail East, Suite 101, Naples, Florida 34114. hereinafter referred to as "LESSOR", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 East Tarniami Trail, Naples. Suite 101, Florida 34112, hereinafter referred as "LESSEE". WITNESSET11 In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE !. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR Suite 102 comprised of approximately 3,400 square feet, and Suite 103 comprised of approximately 8,000 square feet, located at 13245 East Tamiami Trail, Naples, Florida 34114, as seen on Exhibit 'A' which is attached hereto and made a part of this Lease, for the sole purpose of a warehouse storage facility. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises commencing on August 19, 2020, and ending December 30, 2020, LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to automatically renew same on a monthly basis up to six months with an expiration date of June 30, 2021, under the terms and conditions as provided herein. LESSEE shall take immediate occupancy of Suite 102 (3,400 square feet) and the west half of Suite 103 (4,800 square feet), on the date stated above. LESSEE shall take occupancy of the east half of Suite 103 (3,200 square feet), on or before September 24, 2020, at which time, the rent for that portion of Suite 103 shall commence. LESSEE, however, reserves the right to terminate this Lease, any time after the Initial Term, with or without cause, upon sixty days (60) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by LESSOR. LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or holding rent. LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt status. 1 6 C ARTI('I.1.: 3. Rent LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of Onc 1kindred Eight-two Thousand Four Ilundred Dollars (S182,400.00) for the first year's rent to he paid in equal monthly installments of Fifteen 'thousand Two I kindred Dollars($15 100.00). All rental payments shall be due and payable in advance on the first day of even' calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month. LESSEE shall pay rental equal to one thirtieth (I/30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTiCi.E 4. Renewal Term Rent Following the first full year of occupancy, the annual rent shall he increased by three percent (3°a) compounded for each year throughout the life of the lease. ARTICLE 5. Other Expenses and Charges In addition to the monthly rent. the LESSEE shall pay LESSOR un additional Five Hundred Twenty- two Dollars and Fifty Cents(S522.50) per month for Common Area Maintenance fees. This amount shall he increased annually by three percent (3%)compounded for each year throughout the life of the lease. LESSEE shall pay all costs associated with electricity, telephone and communications charges. interior janitorial. trash removal. interior pest control.air-conditioning maintenance, replacement, and filters. LESSOR shall be responsible for all elements of the maintenance and repair of the building. exterior landscaping and irrigation. exterior pest control. and those items within the Demised Premises not stated above, including but not limited to electrical systems. LESSOR shall provide and pay for water/sewer monthly charges at the Demised Premises. however. if LESSEE should exceed normal water usage. which has been established by LESSOR at the commencement of this Lease to he S300 per month ('Established Amount'). LESSOR may invoice LESSEE on a monthly basis for LESSEE'S overage ofthc Established Amount for water use and those invoices shall he provided to LESSEE showing the consumption for the Demised Premises. LESSOR shall provide electrical service for LESSEE, and LESSOR shall pay the monthly usage fees that will then he invoiced to LESSEE on a monthly basis for actual use. To assist LESSEE in processing the monthly invoices. LESSOR has established the monthly use fee. from past use, to he approximately S500. which shall he used as a benchmark for LESSEE'S anticipated monthly fee. However. LESSEE shall he required to pay the actual use in an amount under or above the established S500, AR'17CI.F.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 2 ;`yl i C additions proposed by LESSEE. If after sixty ((0) days there has been no %%ritten rejection delivered by LESSOR to LESSEE regarding_said proposals or plans, then such silence shall he 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 an} 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 C'ollier,and any and all governmental agencies having jurisdiction over the Demised Premises. All alterations, improvements, and additions to the Demised Premises shall at once, when made or installed. be deemed as attached to the freehold and to have become property of LESSOR, Prior to the termination of this Lease or any renewal term thereof. or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of LESSEE. and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 7, /Access to Demised Premises LESSOR. its duly authorized agents. representatives and employees, shall have the right after reasonable oral notice to LESSEE. to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with provisions of this (.ease Agreement. ARTICLE 8, Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises. or to permit any other persons. other than another County agency. to occupy same without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and he bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not he deemed to be a waiver of any of the provisions of this Lease or to he a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 9. indemnity and Insurance Subject to the limitations of Section 768.28, Florida Statues, LESSEE shall indemnify and save harmless the LESSOR from and against any and all claims, actions and suits. and from and against any and all losses. damages. costs. charges, reasonable attorneys' fees, payments. expenses and liabilities which LESSOR may sustain or incur to the extent arising from the negligent act or negligent omission of LESSEE or its agents,contractors or employees. LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims. actions and suits. and from and against any and all losses, damages. costs, charges. reasonable attorneys' fees, payments. expenses and liabilities which LESSEE may sustain or incur due to the sole negligent act or negligent omission of LESSOR. LESSEE shall maintain during the course of this Lease, or any renewal thereof, comprehensive general liability coverage including bodily injury and property damage. premises and operations coverage. products and completed operations coverage. broad form property damage coverage. automobile liability 3 L // lie coverage including owned automobiles. non-owned automobiles and hired automobiles and contractual liability coverage in an amount of not less than One Million and 00!1(l0 Dollars (SI,000.000.00) combined single limits. If I.IiSSEF. falls under the State of Florida Worker's Compensation Law. coverage shall he provided for all employees. The coverage shall he fir statutory limits in compliance with the applicable State and Federal laws. The policy must include Employer's Liability with a limit of One Hundred 1 housand and 00/100 Dollars(S100.000.00)each accident. LESSOR and LESSEE on behalf of themselves and all others claiming under them, including any insurer, waive all claims against each other, including all rights of subrogation, for loss or damage to their respective properly (including, but not limited to, the Demised Premises) arising from fire. smoke damage, windstorm, hail. vandalism. theft. malicious mischiel'and any of the other perils normally insured against in an "all risk" of'physical loss policy. regardless of whether insurance against those perils is in effect with respect to such party's property and regardless of the negligence of either party. If'either party so requests. the other party shall obtain from its insurer a written waiver of all rights of subrogation that it may have against the other party. LESSEE shall give prompt notice to LESSOR in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. LESSEE hereby acknowledges that LESSOR shall not he liable fir any interruption to I.ESSEE's business fbr any cause whatsoever. and that LESSEE shall obtain business interruption insurance coverage should LESSEE desire to provide coverage for such risk. ARTICLE 10. Maintenance LESSEE shall. at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in writing. 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 he paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this !.case shall constitute a default and LESSOR may. at LESSOR'S option. terminate this I.ease 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 by LESSOR Failure of LESSOR to comply with any provision or covenant of this Lease shall constitute a default and LESSEE may, at LESSEE'S option. terminate this Lease after thirty (30) days written notice to LESSOR. unless the default he cured within that notice period (or such additional time as is reasonably required to correct such default). r G`� 4 (. lie ARIICI.E13. Notices Any notice which LESSOR or LESSEE may he required to give to the other party shall he in writing to the other party at the following addresses: LESSEE: LESSOR: Board of County Commissioners Mr. Christopher Morra c/o Real Property Management Patriot Place Trust 3335 Tamiami Trail East 13245 Tamiami Trail East, Suite 101 Naples. Florida 34112 Naples. Florida 34114 ARTICLE 14. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the i)emised Premises upon expiration of this Lease, or its earlier termination. broom clean and in as good condition and repair as the same shall he at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by lire or the elements beyond LESSEE'S control excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County. and LESSOR acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself. its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations. ARTICLE 16. Radon Gas in compliance with Section 404.056. Florida Statutes, all parties arc hereby made aware of the fiillowing: 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 he obtained from your County Public I lealth Department. ARTICLE 17. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18. Governing Law This Lease Agreement shall he governed and construed in accordance with the laws of the State of Florida. 5 3% 1 ' c 2 IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: PATRIOT PLACE TRUST DATED: S//��k () WI ESSES: BY: CHRISTOPER P. MORRA, as Trustee WITNESS(si nature /0-it. [ dY j la_ print name ())L,c..,0_4(._4-c--'-- WITNESS (signature) print name AS TO THE LESSEE: DATED: T• a c° 3-) _. COLLIER COUNTY, FLORIDA ATTEST: Crystal K. Kinzer,Clerk BY: BY: ..` C-"1` . f Deputy Clerk Leo'E. Ochs,Jr., Count%Murfager (Approved on August 25,2020,item,16 F 1) Approved as to form and legality: s 0`j. j --. Jenni A.Belpedio,Assi t CountyAttorney � 6 • 1 6 C 2 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is between Collier County (County), and Patriot Place Trust (Owner), pertaining to the Lease Agreement between both parties for Suites 102 and 103 at Patriot Place, 13245 Tamiami Trail East, Naples, Florida, • 1, Owner of the Property, Patriot Place Trust is the fee owner of Patriot Place, 13245 Tamiami Trail East, Naples, Florida 34114 (Property), 2. Use of Forklift. Owner agrees to allow the County to use the Forklift within the warehouse, Suite 103, for the County's use to load and unload deliveries. The County guarantees that only `certified'Forklift operators will operate the Forklift. The Landlord does not require payment for the use of the Forklift. 3. Term of Use. The use of the Forklift shall reflect the lease term contained in the Lease Agreement between the Owner and County for Suites 102 and 103 at Patriot Place. However, either party may terminate the use of the forklift and this MOU by providing the other party with ten (10) days' prior written notice, otherwise, all other terms of the MOU shall remain in effect, 4. Maintenance of Forklift. County shall be responsible to procure and pay for any necessary repairs to the Forklift during County's use of the Forklift, 5. Indemnification from County to Owner. To the extent permitted by law, County shall save and hold harmless and indemnify the Owner from and against any and all liabilities, losses, damages, costs, expenses, causes of action, suits, penalties, claims, demands, and judgments, attorneys' fees, witness fees, and other expenses of defense (through all appeals and/or remands), alleged to arise out of the negligent acts, errors or omissions of the County's employees, guests and/or invitees, and notwithstanding all insurance coverages whatsoever throughout the entire term of this MOU including all term extensions, if any. Nothing in this paragraph shall waive or alter the provisions of Florida Statute 768.28. 6. Revisions to this MOU, This MOU may be revised as necessary by mutual consent of both parties by written amendment or a revised MOU. This Memorandum of Understanding is effective this 2501 day of August 2020 Collier County Patriot Place Trust By: Christopher P. Morra, as Trustee (: . By: , c'cr_> <C =:C%t. Leo E. Ochs,Jr., Cout}ty%Man ger z ,, Approved as to for and legality; 4L1 e- Z) )I 1' 2.0 Jenni A. Belpedio, Assis t County Attorney (b1� (c)14.-r�