Agenda 05/14/2024 Item #16F 7 (To continue occupancy of office space currently used by the Immokalee Comunity Redevelopment Area staff to July 31, 2026)05/14/2024
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting in its capacity as the Community Redevelopment
Agency, approve the First Amendment to Lease Agreement with Southwest Florida Workforce Board, Inc., to extend
the term for CRA office space in Immokalee to July 31, 2026
OBJECTIVE: To continue occupancy of office space currently used by the Immokalee Community
Redevelopment Area staff to July 31, 2026.
CONSIDERATIONS: On June 22, 2021, Item 16.B. 1, the Community Redevelopment Agency (“CRA”) approved a
Lease Agreement with the Southwest Florida Workforce Development Board (“Workforce Development Board”) to
provide 2,669 square feet of office space for CRA staff in Immokalee on 750 South 5th Street (the “Lease Agreement”).
Currently the County is in the First Renewal Term, which was elected in writing on April 4, 2023, by CRA Staff. The
original lease term dates and associated monthly rentals are set forth Addendum “A” of the Lease Agreement as
summarized below:
YEAR LEASE TERM DATE AMOUNT
PER SQ.
FT.
Monthly
Rental
1 Lease Agreement 08/01/21 - 7/31/22 $13.50 $3,003.36
2 Lease Agreement 08/01/22 - 7/31/23 $13.91 $3,093.46
3 Lease Agreement 08/01/23 - 7/31/24 (First Renewal Term) $14.33 $3,186.26
4 Lease Agreement 08/01/24 - 7/31/25 (Second Renewal Term) $14.75 $3,281.85
This location has proven to be successful for the Immokalee CRA. The Immokalee CRA has established itself at
this location, investing funds in signage and computer connections. The Workforce Development Board allows the
CRA to utilize the community meeting room for conducting public meetings which is essential for CRA operations
and the community.
The building where the office is located is available for sale. The County has not yet exercised its Second
Renewal; however, CRA staff took the initiative to engage in discussions with the Workforce Development Board
to secure the possibility of continuing its presence in this space to July 31, 2026, regardless of any change in
property ownership.
As such, the proposed First Amendment to the Lease Agreement includes a Third Renewal for Year 5, from August
1, 2025, to July 31, 2026, at a rate of $15.49 per square foot, equating to a monthly rental of $3,444.68. The
Landlord informed us that rent has been increased from Year 4 to Year 5 by approximately 5% attributed to the
rising cost of building insurance.
To exercise the renewal terms the Workforce Development Board must be notified in writing 90 days in advance of
the expiration of the renewal term. Workforce Development Board may only terminate for cause which is crucial
for continuity of CRA operations at this location if the ownership changes. No other provisions are proposed to
change.
FISCAL IMPACT: Rent payments are budgeted annually within Immokalee CRA Fund (1025).
GROWTH MANAGEMENT IMPACT: This lease will allow CRA staff to continue to implement the Immokalee
Redevelopment Area Plan in furtherance of Objective 1.5 of the Immokalee Area Master Plan.
ADVISORY BOARD RECOMMENDATION: The Immokalee Local Redevelopment (CRA) Advisory Board
reviewed an amendment to current lease agreement on April 17, 2024, at the advisory board meeting and voted
unanimously to recommend approval.
16.F.7
Packet Pg. 1730
05/14/2024
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for
Board approval. - CJS
RECOMMENDATION: Recommendation that the Board of County Commissioners, acting in its capacity as the
Community Redevelopment Agency, approve the attached First Amendment to Lease Agreement.
Prepared By: Jeremiah Westerfield, Property Acquisition Specialist II, Real Property - Facilities
Management
ATTACHMENT(S)
1. First Amendment to Lease Agreement (PDF)
2. Executed Office Lease (For Reference) (PDF)
16.F.7
Packet Pg. 1731
05/14/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.7
Doc ID: 28442
Item Summary: Recommendation that the Board of County Commissioners, acting in its capacity as the
Community Redevelopment Agency, approve the attached First Amendment to Lease Agreement with Southwest
Florida Workforce Board to provide office space for the Community Redevelopment Agency staff in Immokalee.
Meeting Date: 05/14/2024
Prepared by:
Title: – Facilities Management
Name: Jeremiah Westerfield
03/28/2024 9:30 AM
Submitted by:
Title: – Facilities Management
Name: John McCormick
03/28/2024 9:30 AM
Approved By:
Review:
Facilities Management John McCormick Director - Facilities Completed 03/28/2024 10:00 AM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 04/10/2024 9:02 AM
Immokalee CRA Christie Betancourt Other Reviewer Completed 04/19/2024 11:27 AM
County Attorney's Office Carly Sanseverino Level 2 Attorney Review Completed 04/29/2024 1:37 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/29/2024 2:13 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/29/2024 2:52 PM
Office of Management and Budget Christopher Johnson OMB Reviewer Completed 05/03/2024 9:37 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 05/08/2024 8:06 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM
16.F.7
Packet Pg. 1732
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMf,NT (this "Amg4dl!g!") is nrade and
entered into as of this _ day of _. 2024. b;" and betrveen SOUTHWES'I'
f LORIDA WORKFORCE DEVELOPMf,NT BOARI), INC,, a Florida not-for-profit corporation d/b/a
CareerSource Southwest Florida ("Lessor'), and THE BOARD OF COUNTY COMMTSSIONERS Of
COLLIER COUNTY, ACTING AS TIIE COMMUNITY REDEVELOPMENT AGENCY
C'Lesseg).
WITNf,SSETH:
WHEREAS, Lessor is the landlord and Lessee is lhe tenant under that certain Lease Agreement
dated June 22.20?l (the ' L94gg") relating to lhe Prem ises comprornised of "Suilc C" within the building
orvned by Lessor located at 750 South Fitih Street. lmmokalee. I lorida 34 142 (the "Pronerty"): and
WtIEREAS, the panies desire to modify the Lease in accordance with the tenns and conditions set
forth herein.
NOW THEREFORE, the Parties agree as lollorvs:
l. Recitals/Defined l'enns. The above recitals are true and correct and are hercby
incorporated in their entireg' into this Amendment. Any capilalized term not expressl),defined herein shall
have the meaning set forth in the Lease.
2. Current Term. The parties acknowledge that Lessee has previously and timely renervccl
the Lease for the First Renewal Term and accordingly, the current Terrn of the Lease expires on July 3 l.
2024.
3. Second Renew'al Temt. The parties acknorvledge lhat Lessee is e lecting to renew the Lease
for the Second Renerval Term. lhe monthll'rental amounl for the Second Renewal 'l'erm shall be as set
fonh in Article l8 ofthe l,ease and Addendunr A kr the Lease.
4. Optional Third Renewal l'erm. Provided l-essee is not in default at the end ofthe Second
Renewal Term and has not been in default ofdre Lease on more tlran two (2) occasions rvithin arry twelve
( | 2) month period (regardless of any applicable cure or curc period) during the Tcrm o[ the l-ease (subjcct
to any renewals), Lessee shall havc the option, but not the obligation, to renew the l-ease for one (l)
additional terrn ofone ( I ) 1'ear (the "Third Renewal Term"). Lessee may exercise its option for the Thir6
Renerval Tenn by delivering written notice to Lessor not less than ninety (90) days prior to the expiration
ofthe Second Renewal rerm(i.e.,atleastninety(90)dayspriortoJuly3l,2025). Tirne is ofthe essencc
for the delivery ofnotice to exercise the option. ln the event Lessee timell exercises its option to renew as
described herein, the monthly renral amount lbr the Third Renerval renn shall be as folloivs:
Optional
Rener},al Term Calendar l)atcs Amount pcr Sq. l'1,:ヽ lonthi、Rcntal
Third
Renewal Term
August l, ?025 -
Jul1, 31, 2026 S1549 S3,44468
t:iast Amcndmcnt lo Lcasc Agrcement
I,agc I ot J
16.F.7.a
Packet Pg. 1733 Attachment: First Amendment to Lease Agreement (28442 : Immokalee CRA Office Lease Workforce Board)
5. Conflict. Except as modified by this Anrendment, all othcr tenns and conditions of the
Lease shall remain in full force and eflect. ln the event ofa conflict belween the terms and provisions ol
this Amendment and the Lease. Ihe terms and provisions ofthis Amendrnent shall control and be given tull
lbrce and effect.
6. Ratification. Lessor and Lessee hereby ratify and confirm all of the tenns, covenants.
conditions, and provisions ofthe Lease, as herein modified.
7. Waiver & Release. Lessee hereby acknorvledges and stipulates that the Lease is current
and in good standing; that the Lessee is in full compliance with the provisions ofthe Lease; and that Lessee
has no claims or causes of action of any kind whatsoever against Lessor. its employees, agents.
representatives, attomeys, or consultants.
{Renuincler of pagc intentionully left hlunk. Signature:i ctppaor on nefl page.l
First Amcndment to Lease Agrccmcnl
l,age 2 o,'l
16.F.7.a
Packet Pg. 1734 Attachment: First Amendment to Lease Agreement (28442 : Immokalee CRA Office Lease Workforce Board)
above.
:N｀ハ/11]ヽ ESS WHERE()Fo tllis「irst A:nelldment has bce:l duly cxccutcd as ofthe datc nl・ st、v:‐ittell
LESSOR:
SOUTHWEST FLORIDA
WORK「ORCE
DEVEL()PMENT 30ARD,INC。,a Florida not‐liDr‐pront corpOration
d/b/a CareerSourcc South、vest Florida
B、′:Peg Elmore, l'resident/CEO
LESSEE:
BOARD OF COUNTY
COMMISS10NERS OF COLLIER
COUNTY,FLORIDA
IN ITS CAPACITY AS THE COLLIER
COUNTY COMMUNITY
REDEVELOPMENT ACENCY
ATTEST:
By:
CRYSTAl′K.KINZEL,
DEPUTY CLERK
B、:CHRIS HAl´lン ,CHAIRMAN
Approved as to fonn and
legality:
黒懲締蹴双器 多 物
First Amcndment to l_casc Agrccrncnt
Page 3 of3
16.F.7.a
Packet Pg. 1735 Attachment: First Amendment to Lease Agreement (28442 : Immokalee CRA Office Lease Workforce Board)
REGION 24
SOUTHWEST FLORIDA WORKFORCE DEVELOPMENT BOARD
LEASE AGREEMENT
LEASE NO. :
THIS LEASE AGREEMENT(this"Lease") is made and entered into as of this
day of Are_ 2021 between Southwest Florida Workforce Development
Board, Inc., a Florida not-for-profit corporation ("Lessor"), having an address of 6800 Shoppes
at Plantation Dr. #170, Fort Myers, FL 33912 and whose Federal Identification Number(F.E.I.D.
or S.S.) is 65-0778245, and the Board of County Commissioners of Collier County, Acting as
the Community Redevelopment Agency ("Lessee"), having an address of 3299 Tamiami Trail,
Naples, Florida 34112.
WITNESSETH:
Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to
be kept and performed by Lessee, has demised and leased to Lessee, for the term and under the
conditions hereinafter set out, those certain premises located in the CareerSource Southwest
Florida building located at 750 South Fifth Street, Immokalee, FL 34142, described as follows:
2669 square feet of the building comprised of"Suite C"as designated by Lessor and a portion of
the shared data room as designated by Lessor for Lessee's equipment, located at 750 South 5th
Street, lmmokalee, Florida 34142 ("Premises" as depicted on Exhibit "A") at the rental rate set
forth herein. Lessee's allocated data room area shall be sufficient in size to reasonably store
Lessee's data equipment.
Article 1. TERM
The initial term of this Lease ("Initial Term") shall commence on August 1, 2021
Commencement Date")and, unless sooner terminated pursuant to the terms of this Lease, shall
expire on July 31, 2023. The Initial Term, together with any applicable Renewal Term, Month-
to-Month Election, or Renewal Month-to-Month Election as described in Article 18, is referred to
herein as the"Term".
Article 2. RENT
a. Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the Premises
for the Term set out in this Lease. From and after the Commencement Date, Lessee agrees to pay
as rent to Lessor without notice,demand,deduction,or set off whatsoever, in lawful United States
currency, the rental amount stated in Addendum "A" per month for the Term ("Rent") and, if
applicable, the sum as specified in Addendum "A" for the Renewal Term, Month-to-Month
Election, or Renewal Month-to-Month Election as provided in Articles I and 18 of this Lease,
together with any additional rent described herein. Rent for any fractional part of the first month
shall be prorated. Rent shall be paid to Lessor on the first day of the month at the following address
or at such other address as Lessor may designate from time to time):
Southwest Florida Workforce Development Board. Inc.
Attention: Michael Egan, Fiscal Director
6800 Shoppes at Plantation Dr. #170
CAO
16.F.7.b
Packet Pg. 1736 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
Fort Myers, F1, 33912
b. Lessor reserves the right to impose a 5% late charge upon each rent installment not
received by Lessor by the tenth of each month in addition to any and all other rights and remedies
available under this Lease and applicable law for a Lessee default.
c. In addition to the Rent payment, Lessee shall pay the sum of$N/A per month,
which shall represent Lessee's share of the collocated costs for the rental period.
Article 3. HEATING, MR CONDITIONING AND JANITORIAL SERVICES
a. Except for damage caused or repairs made necessary by Lessee, Lessor agrees to
furnish to Lessee heating and air-conditioning equipment and maintain same in satisfactory
operating condition at all times for the Premises during the Term at the expense of Lessor. Lessee
shall be solely responsible for any maintenance,repairs,or replacements caused or made necessary
by Lessee its officers,agents,employees,or guests.
b. Lessor agrees to furnish its standard janitorial services and reasonably necessary
janitorial supplies including the provision of recycling and trash disposal for the Premises during
the Term of the Lease at the expense of Lessor.
c. All services required above shall be provided during Lessee's normal working
hours, which are normally from 7:30 a.m. to 5:30 p.m., Monday through Friday, excluding state
holidays.
Article 4. LIGHT FIXTURES
a. Lessor agrees to install in the Premises light fixtures for the use of Lessee.
h. Lessor shall be responsible for replacement of all bulbs, lamps, tubes and starters
used in such fixtures existing at the Premises on the Commencement Date for the purpose of
furnishing light (unless damaged by Lessee, its officers, agents, employees, or guests, in which
case Lessee shall be responsible therefor).
Article 5. MAINTENANCE AND REPAIRS
a. Lessor shall provide for structural maintenance and repairs in accordance with
generally accepted good practices, and shall also be responsible for any required: (i) interior
repainting; (ii) repairs or replacement of worn floor covering; and (iii) repairs or replacement of
interior equipment that existed within the Premises prior to the Commencement Date, all as the
foregoing may be necessary due to ordinary, reasonable usage, and specifically excluding any
damage caused by or repairs and/or replacements made necessary by Lessee, its officers, agents,
employees, or guests (Lessee being solely responsible for the same). Lessee shall, during the
Term, keep the interior of the Premises in as good a state of repair as it existed on the
Commencement Date, reasonable wear and tear and natural casualties excepted.
b. Lessor shall maintain and keep in repair the exterior of the Premises during the
Term and shall be responsible for the replacement of all windows broken or damaged in the
Premises, except such breakage or damage caused to the exterior of the Premises by Lessee, its
officers, agents, employees,or guests(Lessee being solely responsible for the same).
2
CAO
16.F.7.b
Packet Pg. 1737 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
c. Except for modifications installed by Lessee and Lessee's equipment and trade
fixtures, Lessor shall ensure the Premises, including grounds and parking areas, conform to all
applicable health and safety laws, ordinances, and codes (excepting any laws, ordinances, and
codes where the Premises would be deemed "grandfathered-in" due to having been constructed
prior to enactment).
d. Lessor agrees to furnish ordinary pest control services for the Premises during the
Term at the expense of Lessor.
e. Lessee agrees to promptly make,at Lessee's sole expense and to the satisfaction of
Lessor,any and all repairs and/or replacements of any damage to the Premises caused by Lessee,
its officers,agents, employees,or guests.
Article 6. UTILITIES
Lessor will promptly pay all gas, water, sewer, solid waste, power and electric light rates
or charges which may become payable during the Term for the gas, water, sewer and electricity
used and disposal of solid waste generated by Lessee on the Premises(excepting any extraordinary
use by Lessee of any of the foregoing, as reasonably determined by Landlord, which shall be the
responsibility of Lessee). The foregoing notwithstanding, Lessee shall pay for all separately
metered utilities including, without limitation, telephone, internet, satellite, and other data or
wireless charges.
Article 7. ACCESSIBILITY STANDARDS AND ALTERATIONS
a. To the best of Lessor's knowledge, the Premises now conform, or that prior to
Lessee's occupancy, said Premises shall, at Lessor's expense, be brought into conformance with
the requirements of the Florida Americans With Disabilities Accessibility Implementation Act,
Section 553.501 - 553.513, Florida Statutes, and the current Florida Disability Code for Building
Construction, providing requirements for persons with disabilities and with the requirement of
Public Law 101-336 enacted July 26, 1990, effective January 26, 1992, Section 28 CRF Part 35
and Appendix to Section 36 CRF Part 1191, known as the "Americans with Disabilities Act of
1990."
b. Lessee shall have the right at its sole cost and expense to make non-structural
alterations in and to the interior of the Premises during the Term upon first having obtained the
written consent thereto of Lessor. Lessor shall not unreasonably withhold the consent to any such
non-structural, interior alterations. Subject to Section 768.28, Florida Statutes, Lessee shall
indemnify,defend,and hold Lessor harmless from and against any and all claims,costs,damages,
and liabilities related to any alterations or modifications which Lessee makes to the Premises.
Article 8. INJURY OR DAMAGE TO PROPERTY ON PREMISES
All property of any kind of Lessee or its officers,agents,employees,or guests that may be
on the Premises or other property of Lessor during the Term shall be at the sole risk of Lessee,and
except for any gross negligence or willful misconduct of Lessor, Lessor shall not be liable to
3 CAd
16.F.7.b
Packet Pg. 1738 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
Lessee or its officers, agents, employees, or guests for loss or damage to such property. Lessee
shall also give prompt notice to Lessor in case of casualty or accidents in or about the Premises.
Article 9. FIRE AND OTHER HAZARDS; RADON
a. In the event that the Premises, or the major part thereof, are destroyed by fire,
lightning, storm or other casualty, Lessor at its sole and absolute option may forthwith repair the
damage to the Premises at its own cost and expense using any insurance proceeds procured
therefor. Unless caused by Lessee or Lessee's officers, agents, employees, or guests, the Rent
thereon shall cease until the completion of such repairs and Lessor will refund the pro rata part of
any Rent paid in advance by Lessee prior to such destruction. Should the Premises be only partly
destroyed, so that the major part thereof is usable by Lessee,then the Rent shall abate to the extent
that the injured or damaged part bears to the whole of such Premises and such injury or damage
may, at Lessor's sole and absolute option be restored by Lessor as speedily as is practicable and
upon the completion of such repairs,the full Rent shall commence and the lease shall then continue
the balance of the term. In no event shall Lessor be obligated to incur any costs or expenses for
repair or replacement of the Premises beyond that which is recoverable from Lessor's insurance
policies, if any.
b. Lessor shall provide for fire protection equipment during the Term in accordance
with the applicable fire safety standards of the State Fire Marshal. Except for damage caused by
Lessee, Lessor shall be responsible for maintenance and repair of ail fire protection equipment
necessary to conform to the applicable requirements of the State Fire Marshal. Lessor and Lessee
agree that the Premises shall be available for inspection by the State Fire Marshal, prior to
occupancy by Lessee,and at any reasonable time thereafter. Notwithstanding the foregoing, in the
event the Premises does not conform in any way due to some act of'Lessee (including, without
limitation,placement or installation of furniture, fixtures,or equipment),Lessee shall immediately
correct the same at Lessee's sole cost.
c. Lessor certifies it has no actual knowledge that asbestos was used in the
construction of'the Premises.
d. Radon is a naturally occurring radioactive gas that when it has accumulated in a
building in sufficient quantities,may present health risk to persons who are exposed to it over time.
Levels of radon that exceed Federal and State guidelines have been found in buildings in Florida.
Additional information regarding radon and radon testing may be obtained from the county public
health unit. This notice is given pursuant to Section 404.056(8), Florida Statutes.
e. Lessee shall not keep or store any hazardous chemicals or other substances upon
the Premises without Lessor's prior written consent, which consent may be withheld in Lessor's
sole and absolute discretion.
Article 10. EXPIRATION OF TERM
a. At the expiration of the Term,Lessee will peaceably yield up to Lessor the Premises
in good and workmanlike repair,reasonable and ordinary wear and tear excepted. It is understood
and agreed between the parties that Lessee shall have the right to remove from the Premises all
personal property of Lessee and all trade fixtures,machinery,equipment,and appliances placed or
CM)
16.F.7.b
Packet Pg. 1739 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
installed on the Premises by Lessee, provided Lessee restores the Premises to as good a state of
repair as they existed prior to installation.
b. Should Lessee continue in occupancy of the Premises after expiration of this Lease,
Lessee shall become a tenant from month-to-month upon each and all of the terms herein provided,
and any such holding over shall not constitute a renewal or extension of this Lease. During any
such holding over Lessee shall pay Rent in an amount which is double the amount which was
payable by Lessee immediately prior to such holding over in accordance with Florida Statutes,
plus all other amounts due hereunder, with sales tax thereon. Nothing herein shall be constructed
to eliminate or diminish Lessor's ability to terminate this Lease at the expiration of the Term.
Article 11. SUBLETTING AND ASSIGNMENT
a. Lessee shall have no right to sublet all or any part of the Premises or to assign this
Lease in whole or in part without obtaining prior the written consent of Lessor,which consent may
be granted or withheld in Lessor' sole and absolute discretion. Lessor may, without notice to or
the required consent from Lessee, assign this Lease in connection with any sale or transfer of the
property comprising the Premises and Lessee shall attom to Lessor's successor and remain bound
by the terms and conditions of this Lease.
Article 12. WAIVER OF DEFAULTS
All waivers under this Lease must be in writing and the waiver by either party of any breach
of this Lease by the other party shall not be construed as a waiver of any subsequent breach of any
duty or covenant imposed by this Lease.
Article 13. RIGHT OF LESSOR TO INSPECT
Lessor, at all reasonable times, may enter into and upon the Premises for the purpose of
viewing and inspecting the same and for the purpose of making any such repairs as they are
required to make under the terms of this Lease. Lessor may enter the Premises at any time in the
event of an emergency.
Article 14. DEFAULT
a. Monetary Default. If Lessee shall fail to pay rent or any other sums under this
Lease within fifteen (15) days of the date when due under this Lease, then Lessee shall be in
immediate default hereunder without notice and Lessor shall have those remedies set forth in
subsection d.
b. Non-Monetary Defaults. If Lessee fails to perform any of the other non-monetary
covenants, duties,agreements, undertakings or terms of this Lease, Lessor shall give Lessee thirty
30)days written notice to cure the same or to commence to cure the same and diligently prosecute
to completion if the same cannot be cured within a thirty (30)day period. If Lessee does not cure
the breach or begin to take such material steps and institute and diligently prosecute to completion
such actions as will cure such breach (if same cannot be cured)within thirty (30)days after Lessor
gives notice, then Lessee shall be immediately in default hereunder without further notice and
Lessor shall have those remedies set forth in subsection d below.
5 S
16.F.7.b
Packet Pg. 1740 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
c. If the Premises are deserted,vacated,or not used then Lessee shall have twenty(20)
days to cure such non-use after notice thereof from Lessor, failing which Lessee shall be in
immediate default hereunder without further notice and Lessor shall have those remedies set forth
in the subsection d below. The foregoing shall apply even though Lessee may continue to pay rent
or other charges during the period of non-use.
d. If the Lessee is in default under this Lease then the Lessor, in addition to all the
rights and remedies granted under the laws of the State of Florida and not as a limitation thereof,
shall have any or all of the following rights: (I)to re-enter and remove all persons and property
from the Premises, and such property may be removed and stored in a public warehouse or
elsewhere at the cost of and for the account of Lessee; (2) to terminate the Lease and relet the
Premises for account of Lessor or within the sole discretion of Lessor the Premises may be relet
for the account of the Lessee; and (3)to accelerate all rent and any other monies due Lessor under
the Lease for the balance of the Term and declare the same to be immediately due and payable.
All rights and remedies granted to Lessor hereunder shall be cumulative and may be exercised
concurrently or successively. Failure to exercise any right or remedy shall not constitute a waiver
thereof,nor prevent any subsequent or concurrent resort to any right or remedy. Upon default by
Lessee under this Lease, Lessee shall pay all attorney's fees and costs of Lessor in connection with
said default prior to any litigation. In connection with any litigation proceedings arising under this
Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs at all
levels of litigation.
Article 15. ACKNOWLEDGMENT OF ASSIGNMENT
Lessee upon the request of Lessor shall execute such acknowledgment or
acknowledgments,or any assignment,or assignments,of rentals and profits made by Lessor to any
third person, firm or corporation, provided that Lessor will not make such request unless required
to do so under a mortgage,or mortgages executed by Lessor.
Article 16. TAXES, INSURANCE AND BROKER COMMISSIONS
a. Lessor shall pay all real estate taxes and fire insurance premiums on the Premises.
Lessor shall not be liable to carry fire insurance on the person or property of Lessee or any other
person or property which may now or hereafter be placed in the Premises. Lessee shall maintain
comprehensive general liability insurance naming Lessor as a non-contributory additional insured
with coverages no less than $1,000,000.00 per occurrence. Lessee shall deliver proof of such
insurance no later than thirty (30) days after the Commencement Date and on each annual
anniversary thereof during the Term. Lessee shall pay personal property taxes applicable to its
equipment and furnishings and shall maintain insurance on the property of Lessee.
b. Lessor and Lessee represent and warrant that they have not utilized the services of
any broker. No commission will be due from Lessor or Lessee to any third party, and Lessor and
Lessee hereby indemnify and hold each other harmless from any liability, loss, claim, damage,
cost or expense (including reasonable attorneys' fees at trial and on appeal) relating to any other
broker claiming by or through such party.
c. Lessor agrees, covenants, certifies and warrants to Lessee that no portion of the
Rent payable pursuant to Article 2 of this Lease Agreement is at an increased rate, above the going
U6
16.F.7.b
Packet Pg. 1741 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
rate of the building, based on or attributable to any commission or fee which is paid or is payable
by Lessor as the result of Lessor's having utilized or contracted for the services of any real estate
broker, salesman, agent or firm in any aspect of Lessor's dealings or any dealings involving the
leasing of the Premises to Lessee.
Article 17. USE OF PREMISES
Lessee will not make or suffer any unlawful, improper or offensive use of the Premises or
any use or occupancy thereof contrary to the laws of the State of Florida or to such ordinances of
the city and/or county in which the Premises is located, now or hereinafter made, as may be
applicable to Lessee. Subject to the foregoing, Lessee shall use the Premises only for a general
corporate office and training consistent with applicable laws, ordinances, and zoning codes and
shall not use the Premises for any other purpose without Lessor's prior written consent, which
consent may be granted or withheld in Lessor's sole and absolute discretion.
Article 18. RENEWAL OR MONTH TO MONTH ELECTION
Provided Lessee is not in default at the end of the Term and has not been in default of this
Lease on more than two (2) occasions in any twelve (12) month period (regardless of any
applicable cure or cure period)during the Term,Lessee may elect one of the following two options:
i) Renew the Lease for a one (1) year term (a "Renewal Term"). All terms and
conditions of this Lease are to remain the same during this initial Renewal Term
the "First Renewal Term") and in full force and effect, except that the monthly
rent due from Lessee shall be as set forth in Addendum "A". If Lessee desires to
renew this Lease for the First Renewal Term under the provisions of this subsection
i), Lessee must give Lessor written notice not less than three (3) months prior to
the expiration of the Initial Term. Lessee's failure to timely so notify Lessor in the
above manner shall automatically be deemed Lessee's waiver of Lessee's option
for the First Renewal Term and any subsequent renewals. By electing to renew the
Lease pursuant to this subsection(i),Tenant waives any and all right to the Month-
to-Month Election under subsection (ii). Provided Lessee is not in default at the
end of the First Renewal Term and has not been in default of this Lease on more
than two (2) occasions in any twelve (12) month period (regardless of any
applicable cure or cure period) during the Term, Lessee may elect one of the
following two options, at the discretion of Lessee:
a) Renew this Lease for an additional one (1) year Renewal Term (the "Second
Renewal Term"). If Lessee desires to renew this Lease for the Second
Renewal Term under the provisions of this subsection (i), Lessee must give
Lessor written notice not less than three (3) months prior to the expiration of
the First Renewal Term. Lessee's failure to timely so notify Lessor in the above
manner shall automatically be deemed Lessee's waiver of Lessee's option for
the Second Renewal Term.
b) Continue in occupancy of the Premises at the end of the First Renewal Term as
a tenancy at will on a month-to-month basis for a period not to exceed twelve
12)months from the expiration of the First Renewal Term ("Renewal Month-
CIO
16.F.7.b
Packet Pg. 1742 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
to-Month Election"). All terms and conditions of this Lease are to remain the
same during the Renewal Month-to-Month Election and in full force and effect,
except that the monthly rent due from Lessee shall be$3,281.85 per month. In
addition, during this Renewal Month-to-Month Election, either Lessor or
Lessee shall have the right to terminate Lessee's tenancy by giving the other
party not less than 45 days' written notice prior to the end of any monthly
period. If Lessee desires to exercise this option to occupy the Premises under
this Renewal Month-to-Month Election,Lessee must give Lessor written notice
not less than three(3)months prior to the expiration of the First Renewal Term.
Lessee's failure to timely so notify Lessor in the above manner shall
automatically be deemed Lessee's waiver of Lessee's option for the Renewal
Month-to-Month Election.
ii) Continue in occupancy of the Premises at the end of the Initial Term as a tenancy
at will on a month-to-month basis for a period not to exceed twelve (12) months
from the expiration of the Initial Term ("Month-to-Month Election"). All terms
and conditions of this Lease are to remain the same during the Month-to-Month
Election and in full force and effect, except that the monthly rent due from Lessee
shall be $3,186.26 per month. In addition, during this Month-to-Month Election,
either Lessor or Lessee shall have the right to terminate Lessee's tenancy by giving
the other party not less than 45 days' written notice prior to the end of any monthly
period. If Lessee desires to exercise this option to occupy the Premises under this
Month-to-Month Election, Lessee must give Lessor written notice not less than
three (3) months prior to the expiration of the Initial Term. Lessee's failure to
timely so notify Lessor in the above manner shall automatically be deemed Lessee's
waiver of Lessee's option for the Month-to-Month Election. By electing to exercise
the Month-to-Month Election pursuant to this subsection (ii), Tenant waives any
and all right to renew the Lease under subsection (i).
Article 19. TERMINATION AND AVAILABILITY OF FUNDS
Lessee shall have the right to terminate, without penalty, this Lease provided that a ninety
90) day advance written notice of intent to terminate is given, prior to termination, to Lessor. If
the Federal Government or the State of Florida does not contract with or provide funds to continues
the services at the lmmokalee One Stop, to Lessee and Lessee must cease to operate, this Lease
Agreement will be terminated and Lessee must vacate the Premises as of the date of expiration of
the contract or discontinuance of funding. Lessee must provide Lessor with written substantiation
as to the discontinuance of funding or loss, expiration of contract.
Article 20. NOTICES AND INVOICES
All notices required to be served upon Lessor shall be served by hand delivery, certified
mail, return receipt requested or commercial next-business day delivery (such as FedEx or UPS),
at the following address (or such other address as Lessor may from time to time designate in
writing):
Southwest Florida Workforce Development Board, Inc.,
Attention: Mr. Mike Egan
8
CAO
16.F.7.b
Packet Pg. 1743 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
6800 Shoppes at Plantation Dr. #170
Fort Myers, FL 33912
and all notices required to be served upon Lessee shall be served by hand delivery, certified mail,
return receipt requested or commercial next-business day delivery (such as FedEx or UPS), at the
following address of Lessee (or such other address as Lessee may from time to time designate in
writing):
Board of County Commissioners
c/o Real Property Management
3335 Tamiami Trail East, Suite 101
Naples, FL 34112
Article 21. LIMITATION OF LIABILITY AND INDEMNITY
To the extent permitted by law, and subject to Section 768.28, Florida Statutes, Lessee,
with respect to itself and its agents, employees, servants, and invitees, agrees to indemnify and
hold Lessor, its agents, employees, and invitees harmless of, from, and against all risks and
damages to persons and Property by reason of the present or future condition of the Premises.
Additionally,to the extent permitted by law,and subject to Section 768.28,Florida Statutes, Lessee
agrees to indemnify and hold Lessor, its agents, employees, and invitees harmless of, from and
against all claims,actions,damages,liabilities,and expenses asserted against Lessor and/or Lessor
on account of injuries to person or damage to property when and to the extent that any such damage
or injury may be caused wholly or in part, by any act or omission, whether negligent or not, of
Lessee or any of its agents, servants, employees, contractors, patrons, or invitees (while such
invitees are on the Premises) or of any other person entering on the Premises under or with the
expressed or implied invitation of Lessee, or if any such injury or damage may in any other way
arise from or out of the occupancy or use by Lessee, its agents, employees, and invitees, of the
Premises. Nothing in this paragraph is considered a waiver of sovereign immunity by Lessee.
Article 22. DEFINITION OF TERMS
a. The terms "Lease," "Lease Agreement," or"Agreement" shall be inclusive of each
other and shall also include any renewals, extensions or modifications of this Lease.
b. The terms "Lessor" and "Lessee" shall include the successors and assigns for the
parties hereto.
c. The singular shall include the plural and the plural shall include the singular
whenever the context so requires or permits.
Article 23. SUBORDINATION; ESTOPPEL
This Lease shall be subject and subordinate at all times to the liens of all present and future
mortgages, rents, and encumbrances placed upon the Premises. No further instrument or act by
Lessee shall be necessary to effectuate such subordination; however, Lessee shall execute and
deliver, within ten (10)days after demand of Lessor or any such mortgagee, proposed mortgagee,
or other person, all further instruments evidencing subordination of this Lease to the lien of such
mortgage or other encumbrance. Lessee irrevocably appoints Lessor as its attorney-in-fact to
execute and deliver all such instruments for and on behalf of Lessee. Lessee agrees to execute,
9 CAD
16.F.7.b
Packet Pg. 1744 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
acknowledge, and deliver to Lessor, within ten (10) days after the request of Lessor at any time
during the Term, an estoppel in such form as Lessor may require.
Article 24. RULES AND REGULATIONS
Lessor reserves the right from time to time to promulgate, and Lessee hereby agrees to
strictly comply with, reasonable rules and regulations for the Premises. If promulgated, Lessor
shall provide Lessee with a copy of the current rules and regulations, which Lessor may modify
from time to time throughout the Term in Lessor's sole and absolute discretion.
Article 25. MISCELLANEOUS
The non-prevailing party in any dispute hereunder agrees to pay any and all expenses so
incurred by the prevailing party, including reasonable attorneys' fee at trial and on appeal. Time
is of the essence with respect to the performance of each of Lessee's covenants of this Lease. This
Lease shall be governed, construed, and interpreted under the laws of the State of Florida.
Jurisdiction and venue for any judicial proceedings concerning this Lease shall lie exclusively in
a court of competent jurisdiction in Collier County, Florida, and in no other forum or venue. If
any provision of this Lease or the application thereof be deemed invalid or unenforceable, neither
the remainder of this Lease nor the application of the provision to other persons, entities, or
circumstances shall be affected thereby, but instead shall be enforced to the maximum extent
permitted by law. This Lease shall not be modified, changed, altered or amended in any way
except through a written instrument signed by both Parties.
Article 26. ADDITIONAL TERMS
Check One)
XX _All additional covenants or conditions appear on attached Addendum(s) "A, which is
incorporated as part of this Lease Agreement."
CND
10
16.F.7.b
Packet Pg. 1745 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the
purpose herein expressed,the day and year above written.
LESSOR:
SOUTHWEST FLORIDA
WORKFORCE
DEVELOPMENT BOA D,INC.,
a Florida not-` r-profit ration
By:
Print Name: .JDE Lee E e)
Title:26
ATTES`I: LESSEE:
CRYSTAL,K.,KINZEL, CLERK BOARD OF COUNTY
COMMISSIONERS OF COLLIER
COUNTY,FLORIDA
IN ITS CAPACITY AS THE COLLIER
i3 1 Lt.QC,1 COUNTY O UNITY
4 EP AY CLERK REDEVE O NT AGENC
11 4aS&th l 's
tic tU aanl ,y
r
By:._
P NNY TAYL R, CHAIR
Approved"as
ft and legality:
LY
Jeffrey A. Iclazkow, County Attorney
i1
16.F.7.b
Packet Pg. 1746 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
ADDENDUM "A"
MONTHLY RENTAL RATE SCHEDULE
2669 Sq. Ft.
Effective 08/01/2021
YEAR AMOUNT PER SQ. FT. MONTHLY RENTAL
Year 1 13.50 3,003.36
08/0 1/21 —07/31/22
Three thousand three dollars
and thirty-six cents
Year 2 13.91 3,093.46
08/01/22 - 07/31/23
Three thousand ninety-three
dollars and forty-six cents
Year 3 (First Renewal Term) $14.33 3,186.26
08/01/23 - 07/31/24
Three thousand one hundred
eighty-six dollars and twenty-
six cents
Year 4 (Second Renewal Term) $14.75 3,281.85
08/01/24- 07/31/25
Three thousand two hundred
eighty-one dollars and eighty-
five cents
LESSEE: LESSOR:
Board of County Commissioners Southwest Florida Workforce
Collier County Acting as Collier County Development Board, Inc.
Community Redevelopment Agency
I
16.F.7.b
Packet Pg. 1747 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)
Suite C Exhibit A
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16.F.7.b
Packet Pg. 1748 Attachment: Executed Office Lease (For Reference) (28442 : Immokalee CRA Office Lease Workforce Board)