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Backup Documents 07/12/2022 Item #16C 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP V TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 /Ak/ )/idLZ, 2. BCC Office Board of County Commission 1/1161, frill 12 - 3. Minutes and Records Clerk of Court's Office 7 IZ 11242 72d (Vogt' 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 Contact/ Michael Dowling Phone Number 8743 Department Agenda Date Item was Approved July 12,2022 Agenda Item Number 16 C2 the BCC Type of Document Attached License Agreement Number of Original 1 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 the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney' 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 sl 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 7-12-22,and all changes made during t MD meeting have been incorporated in the attached document. The County Attorney's �Ak�P Office has reviewed the changes,if applicable. - 9. Initials of attorney verifying that the attached document is the version approved by the BC MD all changes directed by the BCC have been made,and the document is ready for the ��K' Chairman's signature. 16C 2 MEMORANDUM Date: July 28, 2022 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Sr. Deputy Clerk Boards Minutes & Records Department Re: 1st Amendment to Lease Agreement— Habaneros Catering Attached are two originals of the document referenced above (Item #16C2) approved by the Board of County Commissioners on Tuesday, July 12, 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 I6C 2 Memorandum To: Minutes and Records Clerk to the Board From: Michael Dowling Senior Property Manage Specialist Real Property Management Date: July 26, 2022 Subject: Habaneros Catering BCC Date: July 12, 2022 BCC Agenda Item: 16 C 2 Please attest and provide me with an electronic copy. Please contact me at extension 8743 with any questions. Thank you and best regards, Michael 16C 2 LICENSE AGREEMENT THIS LICENSE AGREEMENT entered into this /1- day of %JO 2022, between Leticia Arreguin, d/b/a HABANEROS CATERING, whose mailing address is 417 Tanglewood Lane, LaBelle, Florida 33935, hereinafter referred to as "Licensee," and the BOARD OF OUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, whose mailing address is, in care , Real Property Management, 3335 Tamiami Trail East, Suite 101,Naples, Florida 34112, hereinafter referred to as "Licensor." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises Licensor hereby offers to Licensee and Licensee hereby accepts from Licensor the use of 3307 Tamiami Trail East,Naples, Florida 34112, as shown in Exhibit "A," which is attached hereto and made a part of this License, hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose operating a food and beverage concession. This License Agreement may be amended from time-to-time, by the County Manager, or his/her designee, if the Licensee shall not be available to provide the services included herein, and a replacement Licensee may be selected and not require approval by the Board of County Commissioners. This License is not a Lease and no part of the property, building or equipment therein is being leased to the Licensee. The Licensee is not a tenant. The Licensee's right to operate at the Demised Premises shall continue only as long as the Licensee's operation complies with the provisions of the terms and provisions contained in this License. Nothing contained in this License shall create or be construed as creating a partnership between the Licensor and Licensee and Licensee is not an agent of the Licensor. ARTICLE 2. Term of License Licensee shall have and hold the Demised Premises beginning on the date Licensor executes this License, hereinafter referred to as the "Effective Date," and continuing for twelve months thereafter. This License term shall renew automatically unless otherwise terminated at an earlier date by either party as provided for within this License. ARTICLE 3. Compensation Licensee shall provide Licensor a monthly license fee of $150.00 throughout the life of this License, with annual escalations of 3% thereto after the first year from the date of his License, as a contribution towards Licensor's costs for utilities and maintenance. ARTICLE 4. Utility Expenses Licensor shall provide water and electric service to the Demised Premises. Licensee shall provide its own telephone, communications, and computer systems. 16C 2 ARTICLE 5. Termination Either Licensor or Licensee may terminate this License in its entirety by providing the other party with thirty (30) days prior written notice to the address set forth in ARTICLE 20 of this License. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Upon the natural expiration or earlier termination of this License, the Licensee shall peaceably and quietly quit and surrender to Licensor the Demised Premises in good order and condition,subject to the other provisions of this License. ARTICLE 6. Caretaking Licensee shall be responsible to maintain the Demised Premises and the immediate area surrounding the exterior that may be used by the Licensee, in a neat,orderly and safe manner at all times. Licensor shall be reponsible to make repairs to the plumbing, electrical and air-conditioning systems and the interior and exterior structure of the Demised Premises. Licensor shall allow Licensee to use the walk-in refrigerator and stainless steel preparation table contained within the Demised Premises at the commencement of this License and Licensor shall be responsible for the maintenance and repair of that equipment. ARTICLE 7. Licensee's Restrictions Licensee shall obtain and pay for all necessary permits and licenses to conduct business at the Demised Premises and comply with all laws governing the responsibilty of an employer with respect to persons employed by the Licensee, including but not limited to,Food Manager Certification, State of Florida Department of Business and Professional Regulation Food Service License, State of Florida Division of Corporations Registration, Resale Certification, and Safe Serve Certificate (certifcation required for all employees). • Licensee shall be open and operational for business Monday through Friday during the hours of 7:00 a.m. to 2:30 p.m. • Licensee shall notify Licensor(Facilities Management Director)of any unscheduled closings at least 24 hours in advance of closure. • Licensee shall provide food and beverage service and related food items at local competitive prices. • Licensor shall provide all garbage and trash recepticals within the confines of the Demised Premises, including Licensee's access to a dumpster. The Licensee shall be responsible for the pick-up and removal of all trash and garbage from the Demised Premises and outside area to the dumpster. • The sale of glass containers is not permitted at the Demised Premises or its surrounding area. The Licensor has a recycling program in place and the Licensee shall make every effort to comply with that program with the disposal of containers and other recycled materials. • Licensee shall not conduct any speical events at the Demised Premises without first obtaining Licensor's written permission. • Licensee shall not park any vehicles overnight at the Government Complex. • Licensee shall not store any products or equipment overnight outside of the Demised Premises. • No tobacco,tobacco-related,alcohol,or alcohol-related products or advertising shall be permitted. 2 1 C ARTICLE 8. Licensor's Access to Demised Premises Licensor, its duly authorized agents, representatives, and employees, shall have the right to enter into and upon the Demised Premises, or any part thereof at any time, with reasonable notice to Licensee, for the purpose of inspecting the Demised Premises to ensure that same is being maintained according to Licensor's standards and to ensure the initial intent and approved use of this License. ARTICLE 9. Other Expenses Licensor shall be responsible for the payment of all charges related to the Licensee's operation at the Demised Premises, which may include, structural repairs and maintenance, pest control, landscaping, landscape maintenance and electricity used in connection with the activities of Licensee during the term of this License and any extensions thereto. Licensee will be responsible for charges related to telephone and any communications service at the Demised Premises. ARTICLE 10. General Care of the Demised Premises;Indemnity Licensee shall not generate, spill or leak any petroleum product or any other hazardous material or substance under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended or any similar federal, state or local laws, guidelines and regulations governing hazardous materials and substances as same may be amended from time to time. Licensee shall be responsible for immediately and properly cleaning up and removing any hazardous materials not existing as of the day this License is signed by Licensor, at Licensee's sole cost and expense in compliance with applicable laws and then prevailing industry practices and standards. Licensee agrees to indemnify, defend and hold Licensor harmless from and against any claims, demands, actions, causes of action, suits, damages, judgments, orders, decrees, costs and expenses (including but not limited to, attorney's fees and costs, consultants' fees, clean up, fines, removal and restoration costs) arising from or related to the presence, discharge or spill of any petroleum products and hazardous substances during the term of this License by persons entering upon the Demised Premises other than Licensor, Licensor's employees, contractors, agents,or invitees. Licensee shall not take any action which causes a lien to be placed on the Demised Premises or conduct any other activity on the Demised Premises, and which Licensee shall indemnify and hold Licensor harmless from and against any loss,cost, damage, or expenses Licensor incurs as a result of any such lien or asserted lien. This indemnity obligation shall survive the termination of this License. Further, if Licensee fails to fulfill any obligation of this License and Licensor should fulfill that obligation, Licensee shall be obligated to pay Licensor the cost incurred by Licensor in fulfilling the obligation and this obligation shall likewise survive termination of this License. ARTICLE 11. Default If Licensee abandons the Demised Premises or defaults in the performance of any material covenant or agreement herein contained, and such default shall continue for ten (10) days after receipt by Licensee of written notice thereof given by Licensor, or the agent or attorney of Licensor, the Licensor, at the option of Licensor,may declare said term ended and may reenter upon the Demised Premises with due process of law, and remove all persons and Licensee's property from the Demised Premises,reserving the right to re-license the Demised Premises. Licensor and Licensee expressly agree that the exercise by Licensor of a right of re- entry shall not bar or prejudice in any way any other legal remedies available to Licensor or Licensee. 3 IOC 2 ARTICLE 12. Assignment Licensee may not assign its rights under this License without the prior written consent of the Licensor. Licensor is not required to consent to any assignment sought by Licensee. ARTICLE 13. Binding Effect on Successors and Assigns The provisions of this License shall apply to, bind, and inure to the benefit of Licensor and Licensee and their respective heirs,successors, legal representatives,and assigns. ARTICLE 14. Surrender of Premises Licensee shall remove any property and improvements installed by Licensee prior to the expiration of this License and shall deliver up and surrender to Licensor possession of the Demised Premises and any improvements not removed upon expiration of this License, or its earlier termination as herein provided, in as good condition and repair as the same shall be at the commencement of the term of this License or may have been put by Licensor or Licensee during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond Licensee's control excepted. ARTICLE 15. Indemnity Licensee shall indemnify and save harmless the Licensor 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 Licensor may sustain or incur to the extent arising from the negligent act or negligent omission of Licensee or its agents, contractors or employees. ARTICLE 16. Insurance a. Licensee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Licensor and the Collier County Risk Management Department, for not less than One Million and 00/100 Dollars ($1,000,000.00) combined single limits during the term of this License. If such amounts are less than good insurance industry practice would require, Licensor reserves the right to increase these insurance limits by providing Licensee with at least thirty (30) days' advance notice to do so. b. In addition, Licensee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of Five Hundred Thousand and 00/100 Dollars ($500,000.00) per each accident. If such amounts are less than good insurance industry practice would require, Licensor reserves the right to increase these insurance limits by providing Licensee with at least thirty(30)days'advance notice to do so. c. Licensee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Premises and all of Licensee's property located on or in the Premises including, without limitation, furniture, equipment, fittings, installations, fixtures (including removable trade fixtures), personal property and supplies, in an amount not less than the then-existing full replacement value. d. Business Automobile Liability Insurance, and Business Boat Liability Insurance are not applicable to this License. 4 16C 2 e. Pollution Liability Insurance may not be applicable to this License. f. Licensor shall be named as an additional insured on the Commercial General Liability insurance policy. Licensor shall also be added as an additional insured on the Property Insurance policy as their interest may appear. The above-described insurance policies shall list and continuously maintain Licensor as an additional insured thereon. Evidence of such insurance shall be provided to Real Property Management, 3335 Tamiami Trail East, Suite 101, Naples, Florida, 34112, for approval prior to the commencement of this License; and shall include a provision requiring not less than ten (10) days prior written notice to Licensor in the event of cancellation or changes in policy(ies)coverage. If such amounts are less than good insurance practice would require, Licensor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Licensee, whereupon receipt of such notice Licensee shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most current edition of Best's Insurance Reports. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to the effect that the issuer waives any claim or right of subrogation to recover against Licensor, its employees,representatives,and agents. g. Failure to continuously abide with all of these insurance provisions shall be deemed to be a material breach of this License and Licensor shall have the remedies set forth in Article 11 above. h. Licensee shall ensure that all subcontractors comply with the same insurance requirements that Licensee is required to meet. The Licensee shall provide the Licensor with certificates of insurance meeting the required insurance provisions. ARTICLE 17. Force Majeure If Licensee is unable to operate its business as permitted in this License due to unforeseeable causes beyond the control of the Licensee, and not due to the fault or negligence of the License or Licensor, such as, but not limited to, acts of nature such as fires, floods, hurricanes, or of public enemy, acts of government or public health such as epidemics, quarantine regulations, strikes, lock-outs, etc.,the Licensee shall advise Licensor at least forty-eight hours in advance of closure and provide an estimate date for reopening. Should the Demised Premises be uninhabitable due to any of the above conditions, Licensee and Licensor shall amicably terminate this License with immediate notice. ARTICLE 18. Applicable Law This License shall be governed by and interpreted in accordance with the laws of the State of Florida. ARTICLE 19. Sales Tax Licensee shall be responsible for all sales tax pertaining to Licensee's business operations at the Demised Premises. ARTICLE 20. Notices Any notice provided for herein shall be given by certified United States mail, postage prepaid,to the parties at the addresses set forth above,with copies to the following: 5 14C 2 For Licensor: c/o Real Property Management For Licensee: Leticia Arreguin 3335 Tamiami Trail East, Suite 102 HABANEROS CATERING Naples, Florida 34112 4173 Tanglewood Lane LaBelle,Florida 33935 The persons and places to which notices are to be mailed may be changed from time-to-time by either party by written notice given to the other party. ARTICLE 21. Attorneys'Fees and Costs In the event any term or provision of this License is contested, or a breach is committed by either party of any term or provision of this License or in the event that either party hereto is required to protect its interest in any bankruptcy proceedings involving the other, the party prevailing in any suit or other proceedings brought as a result thereof shall be entitled to court costs and reasonable attorneys'fees. ARTICLE 22. Notice of License Neither this License nor any notice thereof shall be recorded in any public records. ARTICLE 23. Captions The captions of this License are for convenience and reference only and in no way define. describe, extend, or limit the scope, meaning, or intent of this License or the meaning or intent of any provision of this License. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO Licensee: Leticia Arreguin d/b/a/ HABANEROS CATERING DATED: 6.ZQ• ✓ By itc:;) ►c rregu► AS TO Licensor: DATED `'j ~`G^- At" N BOARD OF CO CO S1ONE S Crystal K. Kiniel,Cie*. : COLLI R ORIDA C' Attest ait yin*, • ty � i Willi L. McDaniel, Chairman ,� 1 Approv' asp and 1-_atity: Jeffrey A. at ow, County Attorney I 6 16C 2 Demised Premises 3307 Tamiami Trail East Naples, Florida 34112 -,.,, „I; ,‘ _ -1i. rr rip 1...1,1-.1g.r.T.---ir iiirgi 1 1: i . ` et c a n« a 77 ,,1 ' p o ra di► © M* c ��= �, F . .4 •W;OA 4' : ' ‘w riffil : -.- ' -1 lr 'I . '_ 4 '''r ,4 .. . . ` ; � , Dem ised Premiss Ito- ' llatvilai J . 1 ...> '' 1 44 -, °.