Backup Documents 06/11/2024 Item #16F 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 Q F 4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** 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 6/10/24
Attn. Sally Ashkar
2. BCC Office Board of County Commissioners
3. Minutes and Records* Clerk of Court's Office C� - 6/ Zy
?.14— 0 i3� y3c�
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of agreement to Jennifer.Belpedio@colliercountyfl.gov
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 Iveta Willer/Real Property—Facilities Phone Number 239-252-8917
Contact/ Department Management
Agenda Date Item was June 11, 2024 Agenda Item Number 16. F. 4
Approved by the BCC
Type of Document Lease Agreement between Patriot Place Number of Original 1
Attached Trust and Collier County Documents Attached
PO number or account N/A
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
a\11);;I appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK 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 I W
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the IW
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 IW
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on above date,and all changes made during N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes,if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16F4
Lease CSO Substation 5
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 11th day of June, 2024, between
PATRIOT PLACE TRUST, whose mailing address is 13245 Tamiami Trail East, Suite 101,
Naples, Florida 34114, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is c/o Real Property
Management, 3335 East Tamiami Trail, Suite 102, Naples, Florida 34112, hereinafter
referred as "LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable
consideration, the parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR
approximately 3,500 square feet of office space, air-conditioned indoor storage area,
additional outdoor storage area, and outdoor vehicle parking, located at 13245 East Tamiami
Trail,Naples, Florida 34114, as seen on Exhibit "A" which is attached hereto and made part
of the lease for the sole purpose of operating a government office.
LESSEE may additionally use or occupy the second floor of the building located at
13245 East Tamiami Trail in the event of an emergency.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised
Premises or any part thereof to be used or occupied for any purpose contrary to law or the
rules or regulations of any public authority.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of one (3) year term
(`Initial Term') commencing on June 11, 2024, and ending June 11, 2027. LESSEE is
granted the option, provided it is not then in default of any of the terms of this Lease, to
automatically renew same for three (3) additional terms of one (1) year each, under the
terms and conditions as provided herein.
LESSEE shall have the right to terminate the Lease at any time by providing the
LESSOR with one hundred and eighty (180) days advanced written notice of such
termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice
shall be effective upon actual receipt by LESSOR.
LESSEE shall not be required to provide LESSOR with any advanced rent such as
security deposit or holding rent. LESSEE is tax exempt and shall provide LESSOR with its
Tax Certificate showing its exempt status.
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ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises
the sum of Seventy-Six Thousand, Eight Hundred and Sixty Dollars and 00/100 Cents
($76,860) per year, commencing on June 11, 2024, and ending June 11, 2027, to be paid in
equal monthly installments of$6,405.
All rental payments shall be due and payable in advance on the first day of every
calendar month during the term hereof. If the terms of this Lease shall commence on a day
other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1/30th)
of the monthly rental multiplied by the number of rental days of such fractional month.
The annual rent for all renewals thereto shall be calculated as described in Article 4
below.
ARTICLE 4. Renewal Term Rent
Following the first full year of occupancy, the annual rent shall be increased by three
percent(3%) compounded for each year throughout the life of the lease.
ARTICLE 5. Other Expenses and Charges
LESSEE shall pay all costs associated with electricity, telephone, and communications
charges, interior janitorial, trash removal, interior pest control, air-conditioning maintenance,
replacement, and filters.
LESSOR shall be responsible for all elements of the maintenance and repair of the
building, exterior landscaping and irrigation, exterior pest control, and those items within the
Demised Premises not stated above, including but not limited to electrical systems. LESSOR
shall provide and pay for water/sewer monthly charges at the Demised Premises, however, if
LESSEE should exceed normal combined water/sewer usage, which has been established by
LESSOR at the commencement of this Lease to be $300.00 per month, LESSOR may invoice
LESSEE on a monthly basis for LESSEE'S overage of the established amount for the combined
water/sewer use and those invoices shall be provided to LESSEE showing the consumption for
the Demised Premises.
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised
Premises, LESSEE will provide to LESSOR all proposals and plans for alterations,
improvements, changes or additions to the Demised Premises for LESSOR'S prior written
approval, specifying in writing the nature and extent of the desired alteration, improvement,
change, or addition, along with the contemplated starting and completion time for such project.
LESSOR or its designee will then have sixty (60) days within which to approve or deny in
writing said request for changes, improvements, alterations or additions. LESSOR shall not
unreasonably withhold its consent to required or appropriate alterations, improvements, changes
i6F4
or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection
delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be
deemed as an APPROVAL to such request of LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work,
erection, construction, improvement, addition or alteration of any authorized modifications,
additions or improvements to the Demised Premises, to observe and comply with all then and
future applicable laws, ordinances, rules, regulation, and requirements of the United States of
America, State of Florida, County of Collier, and any and all governmental agencies having
jurisdiction over the Demised Premises.
All alterations, improvements, and additions to the Demised Premises shall at once, when
made or installed, be deemed as attached to the freehold and to have become property of
LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty
(30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions,
improvements, alterations, fixtures and installations which were placed in, on or upon the
Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and
repair any damage occasioned to the Demised Premises by such removal and in default thereof,
LESSOR may complete said removals and repairs at LESSEE'S expense.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right
after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part
thereof at all reasonable hours for the purpose of examining same and making repairs or
janitorial service therein, and for the purposes of inspection for compliance with provisions of
this Lease Agreement.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part
of the Demised Premises, or to permit any other persons, other than another County agency, to
occupy same without the prior expressed written consent of LESSOR. Any such assignment or
subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for
payment of rent or other sums herein provided or from the obligation to keep and be bound by
the terms, conditions and covenants of this Lease. The acceptance of rent from any other person
shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the
assignment of this Lease or subletting of the Demised Premises.
ARTICLE 9. Indemnity and Insurance
Subject to the limitations of Section 768.28, Florida Statutes, LESSEE shall indemnify
and save harmless the LESSOR from and against any and all claims, actions and suits, and from
and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments,
3 P�
O
16F4
expenses and liabilities which LESSOR may sustain or incur to the extent arising from the
negligent act or negligent omission of LESSEE or its agents, contractors or employees.
LESSOR shall indemnify and save harmless the LESSEE from and against any and all
claims, actions and suits, and from and against any and all losses, damages, costs, charges,
reasonable attorneys' fees, payments, expenses and liabilities which LESSEE may sustain or
incur due to the sole negligent act or negligent omission of LESSOR.
LESSEE shall maintain during the course of this Lease, or any renewal thereof,
comprehensive general liability coverage including bodily injury and property damage, premises
and operations coverage, products and completed operations coverage, broad form property
damage coverage, automobile liability coverage including owned automobiles, non-owned
automobiles and hired automobiles and contractual liability coverage in an amount of not less
than One Million and 00/100 Dollars ($1,000,000.00) combined single limits.
If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall
be provided for all employees. The coverage shall be for statutory limits in compliance with the
applicable State and Federal laws. The policy must include Employer's Liability with a limit of
One Hundred Thousand and 00/100 Dollars ($100,000.00) each accident.
LESSOR and LESSEE on behalf of themselves and all others claiming under them,
including any insurer, waive all claims against each other, including all rights of subrogation, for
loss or damage to their respective property (including, but not limited to, the Demised Premises)
arising from fire, smoke damage, windstorm, hail, vandalism, theft, malicious mischief and any
of the other perils normally insured against in an "all risk" of physical loss policy, regardless of
whether insurance against those perils is in effect with respect to such party's property and
regardless of the negligence of either party. If either party so requests,the other party shall obtain
from its insurer a written waiver of all rights of subrogation that it may have against the other
party. LESSEE shall give prompt notice to LESSOR in case of fire or accidents in the Premises
or in the Building or of defects therein or in the fixtures or equipment. LESSEE hereby
acknowledges that LESSOR shall not be liable for any interruption to LESSEE's business for
any cause whatsoever, and that LESSEE shall obtain business interruption insurance coverage
should LESSEE desire to provide coverage for such risk.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times.
If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so
advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such
notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and
pay all necessary cleaning costs and such costs shall constitute additional rent which shall be
paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by
LESSOR.
f
4 ! �
6 F 4
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall
constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty
(30) days written notice to LESSEE, unless the default be cured within that notice period (or
such additional time as is reasonably required to correct such default).
ARTICLE 12. Default by LESSOR
Failure of LESSOR to comply with any provision or covenant of this Lease shall
constitute a default and LESSEE may, at LESSEE'S option, terminate this Lease after thirty (30)
days written notice to LESSOR, unless the default be cured within that notice period (or such
additional time as is reasonably required to correct such default).
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall
be in writing to the other party at the following addresses:
LESSEE: LESSOR:
Board of County Commissioners Mr. Christopher Mona
c/o Real Property Management Patriot Place Trust
3335 Tamiami Trail East, Suite 102 13245 Tamiami Trail East, Suite 101
Naples, Florida 34112 Naples, Florida 34114
ARTICLE 14. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the
Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as
good condition and repair as the same shall be at the commencement of the term of this Lease or may
have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and
damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided
by law enforcement agencies to the Demised Premises is limited to that provided to any other
business or agency situated in Collier County, and LESSOR acknowledges that any special security
measures deemed necessary for additional protection of the Demised Premises shall be the sole
responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations.
5 ��'�
I 6 F 4
ARTICLE 16. Radon Gas
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 in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your County Public Health
Department,
ARTICLE 17. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 18. Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
SIGNATURES APPEAR ON THE FOLLOWING PAGE.
6F4
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR: PATRIOT PLACE TRUST
DATED: 1 i),2oa y
WITNESSES:
BY:
CHRISTOPHER P. MORRA, as Trustee YV
Signatu (Witness 1)
Printed name
Address: 3 3'S C TA vn is lM i TVA
Stitt /01 ) fUm p I'e FL— 34 1 I L
Signature (Witness 2)
Sc•• �e r BeA Qeol
Printed name
Address: 3335 �+�iAwl; Tom/ r/
1011 YvcAp)et FL 3(4)/2
ATTEST:
CRYSTAL K. KINZEL, Clerk of BOARD OF COUNTY COMMISSIONERS,
The Circuit Court and Comptroller COLLIER COUNTY, FLORIDA
°ATPI/T(4/1 0..02_4
BY: BY:
I4eputy CI 1, Attest as to Chairman's CHR 1ALL, Chairman
signature only
6 1 l l iz1
Approved as o f rm and legality:
ally A. , sistant County Attorney
7 �Q
16F4
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EXHIBIT"A"
Page 2 of 2
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Lease CSO Substation 5
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 11th day of June, 2024, between
PATRIOT PLACE TRUST, whose mailing address is 13245 Tamiami Trail East, Suite 101,
Naples, Florida 34114, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is c/o Real Property
Management, 3335 East Tamiami Trail, Suite 102, Naples, Florida 34112, hereinafter
referred as "LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable
consideration, the parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR
approximately 3,500 square feet of office space, air-conditioned indoor storage area,
additional outdoor storage area, and outdoor vehicle parking, located at 13245 East Tamiami
Trail, Naples, Florida 34114, as seen on Exhibit "A" which is attached hereto and made part
of the lease for the sole purpose of operating a government office.
LESSEE may additionally use or occupy the second floor of the building located at
13245 East Tamiami Trail in the event of an emergency.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised
Premises or any part thereof to be used or occupied for any purpose contrary to law or the
rules or regulations of any public authority.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of one (3) year term
(`Initial Term') commencing on June 11, 2024, and ending June 11, 2027. LESSEE is
granted the option, provided it is not then in default of any of the terms of this Lease, to
automatically renew same for three (3) additional terms of one (1) year each, under the
terms and conditions as provided herein.
LESSEE shall have the right to terminate the Lease at any time by providing the
LESSOR with one hundred and eighty (180) days advanced written notice of such
termination to LESSOR at the address set forth in ARTICLE 13 of this Lease. Said notice
shall be effective upon actual receipt by LESSOR.
LESSEE shall not be required to provide LESSOR with any advanced rent such as
security deposit or holding rent. LESSEE is tax exempt and shall provide LESSOR with its
Tax Certificate showing its exempt status.
e� ,
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises
the sum of Seventy-Six Thousand, Eight Hundred and Sixty Dollars and 00/100 Cents
($76,860) per year, commencing on June 11, 2024, and ending June 11, 2027, to be paid in
equal monthly installments of$6,405.
All rental payments shall be due and payable in advance on the first day of every
calendar month during the term hereof. If the terms of this Lease shall commence on a day
other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1/30th)
of the monthly rental multiplied by the number of rental days of such fractional month.
The annual rent for all renewals thereto shall be calculated as described in Article 4
below.
ARTICLE 4. Renewal Term Rent
Following the first full year of occupancy, the annual rent shall be increased by three
percent (3%) compounded for each year throughout the life of the lease.
ARTICLE 5. Other Expenses and Charges
LESSEE shall pay all costs associated with electricity, telephone, and communications
charges, interior janitorial, trash removal, interior pest control, air-conditioning maintenance,
replacement, and filters.
LESSOR shall be responsible for all elements of the maintenance and repair of the
building, exterior landscaping and irrigation, exterior pest control, and those items within the
Demised Premises not stated above, including but not limited to electrical systems. LESSOR
shall provide and pay for water/sewer monthly charges at the Demised Premises, however, if
LESSEE should exceed normal combined water/sewer usage, which has been established by
LESSOR at the commencement of this Lease to be $300.00 per month, LESSOR may invoice
LESSEE on a monthly basis for LESSEE'S overage of the established amount for the combined
water/sewer use and those invoices shall be provided to LESSEE showing the consumption for
the Demised Premises.
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised
Premises, LESSEE will provide to LESSOR all proposals and plans for alterations,
improvements, changes or additions to the Demised Premises for LESSOR'S prior written
approval, specifying in writing the nature and extent of the desired alteration, improvement,
change, or addition, along with the contemplated starting and completion time for such project.
LESSOR or its designee will then have sixty (60) days within which to approve or deny in
writing said request for changes, improvements, alterations or additions. LESSOR shall not
unreasonably withhold its consent to required or appropriate alterations, improvements, changes
2 q
or additions proposed by LESSEE. If after sixty (60) days there has been no written rejection
delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence shall be
deemed as an APPROVAL to such request of LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work,
erection, construction, improvement, addition or alteration of any authorized modifications,
additions or improvements to the Demised Premises, to observe and comply with all then and
future applicable laws, ordinances, rules, regulation, and requirements of the United States of
America, State of Florida, County of Collier, and any and all governmental agencies having
jurisdiction over the Demised Premises.
All alterations, improvements, and additions to the Demised Premises shall at once, when
made or installed, be deemed as attached to the freehold and to have become property of
LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty
(30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove all such additions,
improvements, alterations, fixtures and installations which were placed in, on or upon the
Demised Premises by or on behalf of LESSEE, and which are designated in said notice, and
repair any damage occasioned to the Demised Premises by such removal and in default thereof,
LESSOR may complete said removals and repairs at LESSEE'S expense.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right
after reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part
thereof at all reasonable hours for the purpose of examining same and making repairs or
janitorial service therein, and for the purposes of inspection for compliance with provisions of
this Lease Agreement.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part
of the Demised Premises, or to permit any other persons, other than another County agency, to
occupy same without the prior expressed written consent of LESSOR. Any such assignment or
subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for
payment of rent or other sums herein provided or from the obligation to keep and be bound by
the terms, conditions and covenants of this Lease. The acceptance of rent from any other person
shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the
assignment of this Lease or subletting of the Demised Premises.
ARTICLE 9. Indemnity and Insurance
Subject to the limitations of Section 768.28, Florida Statutes, LESSEE shall indemnify
and save harmless the LESSOR from and against any and all claims, actions and suits, and from
and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments,
3
expenses and liabilities which LESSOR may sustain or incur to the extent arising from the
negligent act or negligent omission of LESSEE or its agents, contractors or employees.
LESSOR shall indemnify and save harmless the LESSEE from and against any and all
claims, actions and suits, and from and against any and all losses, damages, costs, charges,
reasonable attorneys' fees, payments, expenses and liabilities which LESSEE may sustain or
incur due to the sole negligent act or negligent omission of LESSOR.
LESSEE shall maintain during the course of this Lease, or any renewal thereof,
comprehensive general liability coverage including bodily injury and property damage, premises
and operations coverage, products and completed operations coverage, broad form property
damage coverage, automobile liability coverage including owned automobiles, non-owned
automobiles and hired automobiles and contractual liability coverage in an amount of not less
than One Million and 00/100 Dollars ($1,000,000.00) combined single limits.
If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall
be provided for all employees. The coverage shall be for statutory limits in compliance with the
applicable State and Federal laws. The policy must include Employer's Liability with a limit of
One Hundred Thousand and 00/100 Dollars ($100,000.00) each accident.
LESSOR and LESSEE on behalf of themselves and all others claiming under them,
including any insurer, waive all claims against each other, including all rights of subrogation, for
loss or damage to their respective property (including, but not limited to, the Demised Premises)
arising from fire, smoke damage, windstorm, hail, vandalism, theft, malicious mischief and any
of the other perils normally insured against in an "all risk" of physical loss policy, regardless of
whether insurance against those perils is in effect with respect to such party's property and
regardless of the negligence of either party. If either party so requests,the other party shall obtain
from its insurer a written waiver of all rights of subrogation that it may have against the other
party. LESSEE shall give prompt notice to LESSOR in case of fire or accidents in the Premises
or in the Building or of defects therein or in the fixtures or equipment. LESSEE hereby
acknowledges that LESSOR shall not be liable for any interruption to LESSEE's business for
any cause whatsoever, and that LESSEE shall obtain business interruption insurance coverage
should LESSEE desire to provide coverage for such risk.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times.
If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so
advised in writing. If corrective action is not taken within thirty (30) days of the receipt of such
notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and
pay all necessary cleaning costs and such costs shall constitute additional rent which shall be
paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by
LESSOR.
4 CY. I
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall
constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty
(30) days written notice to LESSEE, unless the default be cured within that notice period (or
such additional time as is reasonably required to correct such default).
ARTICLE 12. Default by LESSOR
Failure of LESSOR to comply with any provision or covenant of this Lease shall
constitute a default and LESSEE may, at LESSEE'S option, terminate this Lease after thirty (30)
days written notice to LESSOR, unless the default be cured within that notice period (or such
additional time as is reasonably required to correct such default).
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall
be in writing to the other party at the following addresses:
LESSEE: LESSOR:
Board of County Commissioners Mr. Christopher Mona
c/o Real Property Management Patriot Place Trust
3335 Tamiami Trail East, Suite 102 13245 Tamiami Trail East, Suite 101
Naples, Florida 34112 Naples, Florida 34114
ARTICLE 14. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the
Demised Premises upon expiration of this Lease, or its earlier termination, broom clean and in as
good condition and repair as the same shall be at the commencement of the term of this Lease or may
have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and
damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided
by law enforcement agencies to the Demised Premises is limited to that provided to any other
business or agency situated in Collier County, and LESSOR acknowledges that any special security
measures deemed necessary for additional protection of the Demised Premises shall be the sole
responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations.
5 (; )_
ARTICLE 16. Radon Gas
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 in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your County Public Health
Department.
ARTICLE 17. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 18. Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
SIGNATURES APPEAR ON THE FOLLOWING PAGE.
6 (.)V.C7))
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR: PATRIOT PLACE TRUST
DATED: J,31.3 1 mt 2oa y
WITNESSES:
BY:4: :i_______
;4:ra ........„,:_
CHRISTOPHER P. MORRA, as Trustee
Signatu (Witness 1)
Printed name _
Address: 33'S S TO vn c,w; TN44 i/ F,
4 Lc i -e- /01 ) KJap l e i FL 3 4 1 1 Z
Signature (Witness 2)
S..•, ,-Cc.r BeAQeal% 411),
Printed name
Address: 333c TatM;con; Tien;i E/
S u-i fie- io► 1 KiGtp Je t FL- 3 41/2
ATTEST:
CRYSTAL K. KINZEL, Clerk of BOARD OF COUNTY COMMISSIONERS,
The Circuit Court and Comptroller COLLIER COUNTY, FLORIDA
DATEIi:"O(R//( 3�2 OL4
By; / BY:
CHR "IiAL p Y Attest as to Chairman's L, Chairman
eut
- signature only
Approved as . f rm and legality:
-1�
Sally A. liri , .sistant County Attorney
1
EXHIBIT"A"
Page 2 of 2
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