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Agenda 2/14/2023 Item #16D 8 (Renocation of Caxamambus Park by moving the existing flagpole within the park to a new location out of the COast Guard Building)16.D.8 02/ 14/2023 EXECUTIVE SUMMARY Recommendation to accept a donation from the Friends of Marco Island Flotilla 9-5, Inc., in support of the United States Coast Guard Auxiliary; and to allow the renovation of Caxambas Park by moving the existing flagpole within the park to a new location outside of the Coast Guard Building, accepting the donation of new flagpole ropes and install appropriate lighting for the display of the American Flag. OBJECTIVE: To accept a donation from Friends of the Marco Island Flotilla 9-5 Inc. in support of the United States Coast Guard Auxiliary and allow the alteration of a park feature. The project will move a flagpole that is currently within Caxambas Park to outside of the new Coast Guard building, install new rope on the flagpole and eventually install lighting for the proper display of the American Flag. CONSIDERATIONS: The United States Coast Guard Auxiliary is the civilian uniformed volunteer component of the United States Coast Guard. Established by Congress on June 23, 1939, the Auxiliary currently has over 21,000 members providing service through 793 local units. The mission of the United States Coast Guard Auxiliary is: • To promote and improve Recreational Boating Safety • To provide trained crews and facilities to augment the Coast Guard and enhance the safety and security of our ports, waterways, and coastal regions • To support Coast Guard operational, administrative, and logistical requirements Flotilla 9-5 of the United States Coast Guard Auxiliary is based on Marco Island (Caxambas Park) and is in its 56' year of service. The Flotilla has 49 volunteer members that provide uniformed marine services to the citizens of Collier County. The area of responsibility for Flotilla 9-5 is from Rookery Bay to Chokoloskee; within that area, they monitor 185 federal and private navigation aids as well as patrol 220 sq. miles. Flotilla 9-5 provides the citizens and visitors of Collier County with safety patrols, regatta patrols, search and rescue, marine safety visits, marine environmental protection, Coast Guard operations support, and Coast Guard administrative support. Flotilla 9-5 also teaches boating safety to hundreds of boaters annually. The Friends of Marco Island Flotilla 9-5 Inc. is an active not -for -profit 501(c)(3) and directly supports the operations of Flotilla 9- 5. Inc. On July 9, 2019, the Board of County Commissioners (Board) approved Agenda Item #16D9; which included Resolution #2019-127 that executed a 30-year lease from July 9, 2019 to July 9, 2049 between Collier County and the Friends of Marco Island Flotilla 9-5, Inc., for the use of space within a County owned building in Caxambas Park. At the time of its execution, the "new" building had yet to be constructed. As part of its long-term lease agreement, the County agreed that when the new building was constructed that the Auxiliary would be permitted to build out a radio room, office, and storage room for their exclusive use. A condition of use requires that any alteration or addition to the premises be approved in writing prior to execution. 5. Permissible Alterations and Additions to Premises. Lessee may not make any alterations or additions to the Leased Premises including sip_nage or other exterior features without obtaining Lessor's prior written consent, which consent may be withheld at the Lessor's sole discretion. Lessee shall submit to Lessor plans and specifications for all alterations and additions at the time Lessor's consent is sought. The first stage of the alteration and addition to Caxambas Park will consist of relocating the flagpole and installing new rope on the flagpole. The work will be provided by Lykins Signtek with an estimated cost of $4,065 that will be paid directly by Friends of Marco Island Flotilla 9-5, Inc to the vendor. The follow-on project will be to install properly permitted lighting to ensure the proper display of the American flag. The lighting project will also be paid for solely by Friends of Marco Island Flotilla 9-5, Inc. FISCAL IMPACT: There is no Fiscal impact. All financial transactions will be undertaken by Friends of Marco Packet Pg. 1129 16.D.8 02/14/2023 Island Flotilla 9-5, Inc. and the vendors they contract to perform work. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, raises no legal issues and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. RECOMMENDATION: To accept donation(s) from Friends of Marco Island Flotilla 9-5, Inc. in support of the United States Coast Guard Auxiliary and allow the renovation of an exterior feature to include the movement of the existing flagpole, replacement of rope used on the flagpole and the installation of lights to display the American Flag. Prepared By: Jeffrey Newman, Manager -Financial Operations, Operations and Veterans Services Division & Olema Edwards, Interim Director, Parks and Recreation Division ATTACHMENT(S) 1. Flag Pole Move 2023_ (PDF) 2. Resolution 2019-127 Flotilla 9-5 Lease (PDF) Packet Pg. 1130 16.D.8 02/14/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.13.8 Doe ID: 24433 Item Summary: Recommendation to accept a donation from the Friends of Marco Island Flotilla 9-5, Inc., in support of the United States Coast Guard Auxiliary; and to allow the renovation of Caxambas Park by moving the existing flagpole within the park to a new location outside of the Coast Guard Building, accepting the donation of new flagpole ropes and install appropriate lighting for the display of the American Flag. Meeting Date: 02/14/2023 Prepared by: Title: — Operations & Veteran Services Name: Jeff Newman 01/18/2023 11:48 AM Submitted by: Title: — Operations & Veteran Services Name: Jeff Newman 01/18/2023 11:48 AM Approved By: Review: Operations & Veteran Services Jeff Newman Additional Reviewer Operations & Veteran Services Jeff Weir Additional Reviewer Parks & Recreation Olema Edwards Additional Reviewer Public Services Department Todd Henry PSD Level 1 Reviewer Public Services Department Tanya Williams PSD Department Head Review County Attorney's Office Jeffrey A. Klatzkow Level 2 Attorney Review Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Community & Human Services Maggie Lopez Additional Reviewer Office of Management and Budget Christopher Johnson Additional Reviewer County Manager's Office Amy Patterson Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 01/18/2023 11:49 AM Completed 01/19/2023 9:15 AM Completed 01/19/2023 12:29 PM Completed 01/19/2023 1:35 PM Completed 01/30/2023 1:23 PM Completed 01/30/2023 2:38 PM Completed 01/30/2023 1:28 PM Completed 01/30/2023 2:48 PM Completed 01/30/2023 7:35 PM Completed 02/02/2023 12:11 PM Completed 02/06/2023 11:21 AM 02/14/2023 9:00 AM Packet Pg. 1131 16.D.8.a AZIRiYbClid 4 OIL- ,9&-z JWL 9-5, ,9tw. 903 Collier Court Douglas P Johnson, President Marco vkIsland, F134145 Phone: 239-642-8406 t4Cell: (239) 207-5608 E-mail: dougonmarco@gmail.com To: Collier County Commissioners From: Douglas P Johnson, President of Friends of Marco Island Flotilla 95, Inc. Date: January 20, 2023 Subject: Formal Request to move a Flag Pole in Caxambas Park This is a formal request, required by our current lease, to move the existing flag pole in Caxambas Park to a location closer to the new shared use building. The current Flag Pole is at the edge of the parking lot, a location that was previously in front of the double wide building, that housed the United States Coast Guard Auxiliary. Friends of Marco Island Flotilla 95 Inc., have a pending contract with Lykins Signtek to move the flag pole to a new location closer to the building. This contract includes all costs and permitting to make the move. If approved by Collier County we will execute the contract and pay for all cost involved including adding solar lighting to the flag pole. R Packet Pg. 1132 16.D.8.b RESOLUTION No. 2019 - 127 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LONG-TERM LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE FRIENDS OF MARCO ISLAND FLOTILLA 9-5, INC., FOR USE OF OFFICE SPACE WITHIN A COUNTY - OWNED BUILDING IN CAXAMBAS PARK. WHEREAS, the Friends of Marco Island Flotilla 9-5, Inc. ("Friends") desire to lease office space within a building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located within the Caxambas Park in Marco Island, Florida; and WHEREAS, the Lease Agreement provides for a 30-year term commencing on the date of approval by the Board of County Commissioners, July 9, 2019, and ending on July 9, 2049, with an annual rent of One Dollar ($1.00); and WHEREAS, the County will authorize the Friends to lease and to name the radio room, office, community meeting room, and audio-visual equipment, to the Lessee for the sum of $30,000 that will be used to offset the cost of building the community center and an additional $40,000 to offset costs associated with furnishing and establishing the storage area, office and radio room, for a total contribution of the Friends of Marco Island Flotilla 9-5, Inc. of $70,000; and WHEREAS, the Friends primary purpose is to teach boater safety to Collier County residents and visitors; and WHEREAS, the Board of County Commissioners is satisfied that the office space described herein may be used for the Friends and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Long -Term Lease Agreement between Collier County and the Friends of Marco Island Flotilla 9-5, Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Long -Term Lease Agreement. t �h This Resolution adopted this day of July, 2019, after motion, second and majority vote ATTEST CRYSTM-f KIBOARD OF Y COMMISSIONERS �,r COLLIE TY, F ID BYE BY. c . D u aj• l�kw,a �; Wil ' L. Mcl7aniel, Jr., Chi 1rman IX Co}}i,� - - proveVmV1 &, fega1ity: lleen M. Greene, Assi ant County Attorney Packet Pg. 1133 16.D.8.b COLLIER COUNTY STANDARD FORM LONG-TERM LEASE NOT -FOR -PROFIT ENTITY This Long -Term Lease (hereinafter referred to as "Lease") is entered into this 9 � day of Li, 2019, by and between FRIENDS OF MARCO ISLAND FLOTILLA 9-5, INC., a not for profit corporation duly organized under the laws of Florida, whose mailing address is P.O. Box 904, Marco Island, Florida 34146, hereinafter referred to as "Lessee", and Collier County, a political subdivision of the State of Florida, in care of Real Property Management whose mailing address is 3355 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "Lessor," collectively stated as the "Parties." RECITALS: WHEREAS, Florida Statutes Section 125.38 provides that if a corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare, should desire any real or personal property that may be owned by any county of this state or by its board of county commissioners, for public or community interest and welfare, then such corporation or organization may apply to the board of county commissioners for a conveyance or lease of such property, and that such board, if satisfied that such property is required for such use and is not needed for county purposes, may thereupon convey or lease the same at private sale to the applicant for such price, whether nominal or otherwise, as such board may fix, regardless of the actual value of such property; and WHEREAS, Lessee, a duly organized not -for -profit corporation, has applied to the Board of County Commissioners for a Lease of certain property which the Board has determined is not presently needed for County purposes; and WHEREAS, the Friends of Marco Island Flotilla 9-5, Inc., primary purpose is to teach boater safety to Collier County residents and visitors; and WHEREAS, the Friends of Marco Island Flotilla 9-5, Inc. have committed to $70,000 funding toward the build out of a radio room, office, and storage room for their exclusive use; and WHEREAS, the County will dedicate an area to use as a radio room, office, and storage room and authorize the Friends to use the community meeting room for training purposes; and; WHEREAS, the County will dedicate three rooms to the Friends of the Marco Island Flotilla 9-5 for their exclusive use as a radio room, office, and storage room and authorize the Friends to use the community meeting room for training purposes; and WHEREAS, the County will authorize the Friends to name the radio room, office, community meeting room, and audio visual equipment to the Lessee for the sum of $30,000 that will be used to offset the cost of building the community center and an additional $40,000 to [04-PKR-01113/1441605/1) Page 1 of 13 Packet Pg. 1134 16.D.8.b offset costs associated with furnishing and establishing the storage area, office and radio room for a total contribution of the Friends of Marco Island Flotilla 9-5, Inc. of $70,000; and WHEREAS, Board's finds that it is in the public interest to lease this property, three dedicated rooms, to Lessee on the terms and conditions set forth below; and WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covenants contained herein, the Parties hereby enter into this Lease on the following terms and conditions: 1. Conveyance. On the terms and conditions set forth in this Lease, and in consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the present possessory interest in the Leased Premises described below. This Long -Term Lease supersedes the October 25 2016 Lease Agreement and any and all other agreements between the Parties. 2. Description of Leased Premises. The Leased Premises which is the subject of this Lease are three dedicated rooms within the community center building to be designed and built within Caxambas Park, Marco Island, FL 34145, Collier County, Florida, with a description set forth in Exhibit "A," hereinafter referred to as the "Premises" including access to shared public meeting rooms and public parking areas in Caxambas Park. 3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has examined the title and boundaries of the Premises. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Premises; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance of all terms and conditions of this Lease. 4. Use of Premises. The purpose of this Lease is for the operation of a Coast Guard Auxiliary Facility identified as United States Coast Guard Auxiliary Flotilla 9-5, which has a primary purpose to teach boater safety to Collier County residents and visitors, which use the Board of County Commissioners has found to be in the public's interest. Accordingly, Lessee shall utilize the Leased Premises in strict accordance with Exhibit "B." Lessor shall have the right to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with the approved use. In the event Lessee shall cease to use the Premises for the purposes described in Exhibit "B," and such cessation of use shall continue for a period of sixty (60) days, this Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to the Lessor within thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of the Lessee such as acts of God [04-PKR-01113/1441605/11 Page 2 of 13 Packet Pg. 1135 16.D.8.b or if such cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on the Leased Premises. 5. Permissible Alterations and Additions to Premises. Lessee may not make any alterations or additions to the Leased Premises includingsipnage or other exterior features without obtaining Lessor's prior written consent, which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans and specifications for all alterations and additions at the time Lessor's consent is sought. 6. Term of Lease. The term of this Lease shall commence on the date first above written, and unless terminated earlier by the Parties, shall terminate on the 30"' year anniversary date of this Lease. There is no option to renew. If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Lease subject, however, to Lessor's right to seek legal relief to eject Lessee from the Premises as a holdover. 7. Rent. The Lessee agrees to pay the Lessor the sum of $1.00 per annum, in advance, for each year of the term. Intentionally stricken: MF HOW U. NERNMIR OWN- 10. Lessee's Obligation to Maintain Premises and Comply with All Lawful Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the designated Premises in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning). Such repair may also include structural (04-PKR-01113/1441605/11 Page 3 of 13 Packet Pg. 1136 16.D.8.b repair, if deemed necessary by the Lessee. If the Premises are not in such compliance in the reasonable opinion of Lessor, Lessee will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of such notice and prosecuted diligently until corrective action is completed, Lessor may cause the same to be corrected and Lessee shall promptly reimburse Lessor for the expenses incurred by Lessor, together with a 5% administrative fee. 11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive right to use the Premises (radio room, storage room, and office) during the term of this Lease. Dur-ing the tefm ef this Lease, Lessee may ereet appfepr-iate signage en the Leased Premises and 12. Casualty and Condemnation a. Casualty. If the Premises are destroyed, rendered substantially uninhabitable, or damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or other casualty, and Lessee must use the insurance proceeds, hereinafter referred to as "Proceeds," to rebuild or restore the Premises to substantially its condition prior to such casualty event unless the Lessor provides the Lessee with a written determination that rebuilding or restoring the Premises to such a condition with the Proceeds within a reasonable period of time is impracticable or would not be in the best interests of the Lessor, in which event, Proceeds shall be promptly remitted to Lessor. If the Lessor elects not to repair or replace the improvements, then Lessee or Lessor may terminate this Lease by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agreement of the Parties. During the period between the date of such casualty and the date of termination, Lessee will cease its operations as may be necessary or appropriate. If this Lease is not terminated as set forth herein, or if the Premises is damaged to a less than material extent, as reasonably determined by Lessee and Lessor, Lessee will proceed with reasonable diligence, at no cost or expense to Lessor, to rebuild and repair the Premises to substantially the condition as existed prior to the casualty. b. Condemnation. Lessor may terminate this Lease as part of a condemnation project. Lessor will use its best efforts to mitigate any damage caused to Lessee as a result of such termination; however, in no event will Lessor be liable to Lessee for any compensation as a result of such termination. 13. Access to Premises. Lessor, its duly authorized agents, contractors, representatives and employees, shall have the right after reasonable oral notice to Lessee, to enter into and upon the Premises during normal business hours, or such other times with the consent of Lessee, to inspect the Premises, verify compliance with the terms of this Lease, or make any required repairs not being timely completed by Lessee. [04-PKR-01113/1441605/11 Page 4 of 13 Packet Pg. 1137 14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of the Premises to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Premises to remove any of its personal property, equipment, and signs provided, however, at the termination of this Lease, Lessor shall have the option of either requiring Lessee to demolish and remove all improvements made by Lessee to the Premises upon Lessee's vacation thereof, or to require Lessee to retain said improvements with fixtures on the Premises which improvements and fixtures will become the property of the Lessor upon Lessee's vacation of the Premises. 15, Assignment. This Lease is personal to Lessee. Accordingly, Lessee may not assign this Lease or sublet any portion of the building constructed on the Premises by Lessee without the express prior written consent of the Lessor, which consent may be withheld in Lessor's sole discretion. Any purported assignment or sublet without the express written consent of Lessor shall be considered void from its inception, and shall be grounds for the immediate termination of this Lease. Lessor may freely assign this Lease upon written notice to Lessee. 16. Insurance. a. Lessee shall provide and maintain a Commercial General Liability insurance policy, approved in writing by Lessor 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 Lease. If such amounts are less than good insurance industry practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. b. In addition, if applicable and required by law, Lessee 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 One Hundred Thousand and 00/100 Dollars ($100,000.00) per each accident. If such amounts are less than good insurance industry practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. c. Lessee shall also maintain standard fire and extended coverage insurance on the additions and improvements located on the Premises and all of Lessee'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. If applicable and required by law, Business Automobile Liability Insurance, and Business Boat Liability Insurance, for automobiles and boats used by Lessee in the course of its performance under this Lease, including Employer's Non -Ownership and a Hired Auto Coverage, each said policy in amounts of One Million and 00/100 Dollars ($1,000,000.00) combined single limit per occurrence. If such amounts are less than [04-PKR-01113/1441605/11 Page 5 of 13 Packet Pg. 1138 good insurance practice would require, Lessor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do SO. e. If applicable and required by law, Pollution Liability insurance covering the accidental discharge and clean up of pollutants shall be maintained by the Lessee in an amount of not less than Five Million and 00/100 dollars ($5,000,000) per occurrence. Such coverage shall cover third party liability and clean up coverage. f. Lessor shall be named as an additional insured on the Commercial General Liability insurance policy. Lessor 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 Lessor as an additional insured thereon. Evidence of such insurance shall be provided to Lessor in care of Real Property Management, 3335 East Tamiami Trail, Naples, Florida, 34112, for approval prior to the commencement of this Lease; and shall include a provision requiring not less than ten (10) days prior written notice to Lessor in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance practice would require, Lessor reserves the right to reasonably amend their insurance requirements by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessee 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 Lessor, its employees, representatives and agents. g. Failure to continuously abide with all of these insurance provisions, if applicable and required by law, shall be deemed to be a material breach of this Lease and Lessor shall have the remedies set forth below. 17. Indemnification. To the maximum extent permitted by Florida law, the Lessee shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Lessee or anyone employed or utilized by the Lessee in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes. [04-PKR-01113/1441605/11 Page 6 of 13 Packet Pg. 1139 18. Defaults and Remedies. a. Defaults by Lessee. The occurrence of any of the following events and the expiration of the applicable cure period set forth below without such event being cured or remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law: i. Abandonment of Premises or discontinuation of Lessee's operation. ii. Lessee's material misrepresentation of any matter related to this Lease. iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy. iv. Adjudication as bankrupt. V. Making of a general assignment for the benefit of creditors. vi. If Lessee suffers this Lease to be taken under any writ of execution and/or other process of law or equity. vii. Lessee's loss of its federal IRS tax exempt status. viii. Lessee's failure to utilize the Premises as set forth in Exhibit B. ix. Any lien is filed against the Premises or Lessee's interest therein or any part thereof in violation of this Lease, or otherwise, and the same remains unreleased for a period of sixty (60) days from the date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. X. Failure of Lessee to perform or comply with any material covenant or condition made under this Lease, which failure is not cured within ninety (90) days from receipt of Lessor's written notice stating the non- compliance shall constitute a default (other than those covenants for which a different cure period is provided), whereby Lessor may, at its option, terminate this Lease by giving Lessee thirty (30) days written notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agreed to in writing by Lessor as being reasonably required to correct such default). However, the occurrence of any of the events set forth above shall constitute a material breach and default by Lessee, and this Lease may be immediately terminated by Lessor except to the extent then prohibited by law. b. Remedies of Lessor. i. In the event of the occurrence of any of the foregoing defaults, Lessor, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Lessee does not cure the defaults in the time frames as set forth above, and Lessor has removed and stored property, Lessor shall not be required to store for more than thirty (30) days. After such time, such property shall be deemed abandoned and [04-PKR-01113/1441605/11 Page 7 of 13 Packet Pg. 1140 Lessor shall dispose of such property in any manner it so chooses and shall not be liable to Lessee for such disposal. ii. If Lessee fails to promptly pay, when due, any full installment of rent or any other sum payable to Lessor under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded interest of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Lessor. iii. Lessor may sue for direct, actual damages arising out of such default of Lessee or apply for injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessee under this Lease, or otherwise. Lessor shall be entitled to reasonable attorneys fees and costs incurred arising out of Lessee's default under this Lease. c. Default by Lessor. Lessor shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to Lessor by Lessee properly and in meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). d. Remedies of Lessee. In partial consideration for the nominal rent charged to Lessee, Lessee hereby waives any claim it may have to direct or indirect monetary damages it incurs as a result of Lessor's breach of this Lease, and also waives any claim it might have to attorneys' fees and costs arising out of Lessor's breach of this Lease. Lessee's remedies for Lessor's default under this Lease shall be limited to the following: i. For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessor under this Lease. ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably necessary work and incur all reasonable costs on behalf of and at the expense of Lessor. Lessor will pay Lessee on demand all reasonable costs incurred and any amounts so paid by Lessee on behalf of Lessor, with no interest. e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Lease or hereafter existing under law or in equity. No delay or omission to exercise [04-PKR-01113/1441605/11 Page 8 of 13 Packet Pg. 1141 any right or power accruing upon any event of default will impair any such right or power nor be construed to be waived, but any such right and power maybe exercised from time to time and as often as may be deemed expedient. f. Non -Waiver. Every provision hereof imposing an obligation upon Lessee is a material inducement and consideration for the execution of this Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Lease will be deemed for any purpose to be a waiver of any breach of any other provision hereof or of any continuing or subsequent breach of the same provision, irrespective of the length of time that the respective breach may have continued. g. Termination. Lessor reserves the right to terminate this Lease with 90 days notice of the property or premises are required for a County purpose. Miscellaneous Legal Matters 19. This Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then - current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure, either party may file an action in the Circuit Court of Collier County to enforce the terms of this Lease, which Court the Parties agree to have the sole and exclusive jurisdiction. 20. This Lease contains the entire agreement of the Parties with respect to the matters covered by this Lease and no other agreement, statement or promise made to any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. Time is of the essence in the doing, performance and observation of each and every term, covenant and condition of this Lease by the Parties. 21. In the event state or federal laws are enacted after the execution of this Lease, which are applicable to and preclude in whole or in part the Parties' compliance with the terms of this Lease, then in such event this Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Lease. 22. Except as otherwise provided herein, this Lease shall only be amended by mutual written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight delivery or by regular mail. If given by regular mail, the notice shall be deemed to have been given within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For the purpose of calculating time limits which run from the giving of a particular notice the time shall be calculated from actual receipt of the notice. Time shall run only on business days which, for purposes of this Lease shall be any day other than a Saturday, Sunday or legal public holiday. Notices shall be addressed as follows: If to Lessor: Real Property Management 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 [04-PKR-01113/1441605/11 Page 9 of 13 Packet Pg. 1142 cc: Director, Parks and Recreation Department 15000 Livingston Road Naples FL 34109 If to Lessee: Friends of Marco Island Flotilla 9-5, Inc. P.O. BOX 904 Marco Island, Florida 34146 Notice shall be deemed to have been given on the next successive business day to the date of the courier waybill if sent by nationally recognized overnight delivery service. 23. Lessee is an independent contractor and is not any agent or representative or employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf of Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither party will have the right or authority to bind the other party without express written authorization of such other party to any obligation to any third party. No third party is intended by the Parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party hereto or otherwise. Nothing contained in this Lease will constitute the Parties as partners or joint ventures for any purpose, it being the express intention of the Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee -employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave, severance, life, accident, health and disability insurance, deferred compensation, retirement and grievance rights or privileges. 24. Neither party to this Lease will be liable for any delay in the performance of any obligation under this Lease or of any inability to perform an obligation under this Lease if and to the extent that such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slow -down or lock -out, explosion, fire, earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order of any governmental authority. 25. Lessee will not transport, use, store, maintain, generate, manufacture, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Premises, nor permit employees, representatives, agents, contractors, sub -contractors, sub -sub -contractors, material men and/or suppliers to engage in such activities upon or about the Leased Premises. 26. 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 are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found [04-PKR-01113/1441605/11 Page 10 of 13 Packet Pg. 1143 16.D.8.b in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 26. Lessee shall execute this Lease prior to it being submitted for approval by the Board of County Commissioners. This Lease may be recorded by the County in the Official Records of Collier County, Florida, within fourteen (14) days after the County enters into this Lease, at Lessee's sole cost and expense. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the day and year first above written. AS TO THE LESSEE: Witness (sigl re)( YV\a (Print name) itness (signature) (Print name) AS TO THE LESSOR ATTEST„ �N CRYSTAt.i. FRIENDS MARCO ISLAND FLOTILLA 9-5, INC. By: r % DOUGLA . JOHNSON, fysident Click I - v Clerk :S. n tore 0rt��.' "olleen To form, and legality: 6:yo eene 3.2g 101 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER C IDA C By: L. McDaniel, Jr., CHAIRMAN [04-PKR-01113/1441605/11 Page 11 of 13 Packet Pg. 1144 [04-PK Rd) 11 13' 1 Sd I h65; I j EXHIBIT 'A' [Insert Legal Description] Page 12 of 13 I TYPE OF CONSTFUCI. CN ea.w r a....rwn.reNa,R.ner r r e e CD103 e� cnwrswIo s L.W2FI— P A101 c SHEET NUMBEI , Packet Pg. 1145 EXHIBIT "B" - ADDENDUM 1. The existing Marco Island Flotilla, Inc. Lease Agreement dated October 25, 2016, shall terminate upon execution of this Lease by the Lessor. 2. Utilities: The Friends of the Marco Island Flotilla shall be responsible to pay for a pro rata share of the utilities, to wit: 5% of the total amount of the electric utility. 3. Paragraph 10, Lessee's Obligation, is amended as follows: 10. Lessee's Obli>ation to Maintain Premises and Comely with All Lawful Requirements. Lessee, throughout the term of this Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the designated Premises in good, sanitary and neat order, condition and repair, and shall abide with all lawful requirements. painting,Stieh maintenanee and r-epaif shall inelude, but not be limited to, iermses are not in stieh eemplianee in the r-easenable opinion ef Lesser-, Lessee will be so advised 4. -etive efien is net begun within thk4y (30) days of also inelude stfuetufal fepaif, if deemed neeessafy by the Lessee. if 0 administfative Intentionally stricken: 5. The Lessee is required to maintain the VHF antenna currently located behind the building. If the relocation of the antenna is required, the Lessee agrees to pay for the cost of relocation and any additional maintenance at its sole expense. 6. Lessee shall surrender possession of and ownership of its portion of the Premises to the Lessor at the termination of this Lease. 7. Lessee shall have the right to use the Premises, including the unlimited right to access the designated Premises and Caxambas Park in which it is located, at all times. [04-PKR-01113/144160511] Page 13 of 13 Packet Pg. 1146