Agenda 11/12/2024 Item #16A13 (1st Amendment to the COllier County Standard Form Long-Term Lease Not-For-Profit Entity with SNIP Collier Inc., extending the lease at the former DAS shelter in Immokalee)11/12/2024
Item # 16.A.13
ID# 2024-1949
Executive Summary
Recommendation to approve a First Amendment to the Collier County Standard Form Long-Term Lease Not-For-Profit
Entity with SNIP Collier Inc., to extend the term of the lease and provide for additional services at the former DAS
shelter in Immokalee.
OBJECTIVE: To approve the First Amendment to the Long-Term Lease between Collier County (County) and SNIP
Collier Inc. (SNIP), extending the lease term for an additional 30-years, and allowing for additional animal- related uses
at the county-owned property in Immokalee.
CONSIDERATIONS: On July 14, 2020, the County entered into a Standard Form Long-Term Lease Not-For-Profit
Entity (Lease) with SNIP Collier, Inc. to operate a low-cost health clinic providing vaccinations, spay and neuter
services as well as an intake for animals legally relinquished by their owner.
The current Lease contains standard provisions for the County’s not-for-profit tenants, including, but not limited to: a
thirty-year lease term; annual rent of one dollar; approval of proposed uses of the property; obligations of tenant and
landlord; and required insurance provisions. SNIP is solely responsible for all costs associated with the clinic’s
operation and the maintenance of the building. SNIP is accepted the property 'as-is,' and was provided an Inspection
Report pointing out the building's deficiencies that would be the tenant's responsibility to remedy.
Since execution of the Lease, SNIP has been working diligently on plans to renovate the existing building(s) as well as
construct a new facility on site. With funding commitments for this construction, SNIP is requesting that the term of the
Lease be extended for an additional 30-years, to July 14, 2080, to provide additional surety to their donors and any
required financing as well as allowing the organization to make long-term strategic decisions that will benefit the people
and animals of Immokalee and Collier County overall. The current Lease includes a provision for the County to
terminate the lease should SNIP not operate under the uses approved within the Lease and should SNIP cease operating
at the Premises for a sixty-day period, and this provision is unchanged by the requested amendment.
SNIP has also requested that Exhibit ‘B” be amended to include additional service. The current authorized uses are:
Health care clinic for domestic animals that provides:
• Low-cost vaccinations
• Spay and neuter services
• Shelter and education classes
SNIP is proposing to add Adoptions and Routine and Emergency Veterinary care as authorized uses. SNIP understands
and agrees that adoptions must follow all local and state regulations regarding stray holds, quarantines, etc.
Staff supports the proposed amendments to the lease as it provides additional resources to the community for both
animal care and veterinary services.
FISCAL IMPACT: The annual rent of One Dollar will continue to be deposited into Domestic Animal Services Cost
Center (001-155410).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, and meets the requirements of
Chapter 125.38, Florida Statutes, related to the lease of county property to a not for profit for a nominal price regardless
of the actual value of the property. As such, this item is approved for form and legality and requires a majority vote for
Board action. -JAK
RECOMMENDATIONS: That the Board of County Commissioners approves the Amendment to the Collier County
Page 1067 of 5419
11/12/2024
Item # 16.A.13
ID# 2024-1949
Standard Form Long-Term Lease Not-For-Profit Entity with SNIP Collier Inc., extending the term and adding allowable
uses, and authorizes the Chairman to execute the document.
PREPARED BY: Amy Patterson, County Manager
ATTACHMENTS:
1. 1st Amendment to Long Term Lease - SNIP Collier
2. Snip lease
Page 1068 of 5419
Page 1069 of 5419
Page 1070 of 5419
Page 1071 of 5419
COLLIER COUNT}' STATYDARD FORM
LONG-TERM LEASE
NOT.FOR.PROFIT ENTITY
is Long-Term l-ease thereinaller relbrrcd lo as .'l-ease..)ts entered inro this /tbuvol'2020. by and bctween SNIP COLI-lliR INC.. a nor f'or pmfit co rporation
dul1" organized under rhe laus ofFlori da- rrhose mailing addrcss i s 5.191 Sable Ridge Lane. Naples.
Florida 34109. hercinafte r rel'erred to as "Lessee". and Collier Countl'. a political suMivision ofthe Slate of Florida- whosc mailing address is.in carc of Real Property Management. 3335'l'amiami lrail Easr. Naples. Florida 34lll. herci nafter rrflerred to as "Lessor." collectivelv stated
as the "Parties."
R"ECI'I'ALS:
wllEREAS. F'lorida Statutes secrion I ls.lE prul.ides rhar if a coryroralion or orher
organization not lbr profit r.r'hich ma1' be organized foi the purposes of promoting community
interest and welfare. should desire an1 rcal or personal propcni, thar ma), be ouncd iy any count-v
of this state or bf irs board ol'counq commissionen, foi publicor communiq. interest'and u elfare.
then such corporation or organization mal appll' ro tlre board of counq commissioners for a
conveyance or lease ofsuch proprty. and that such boand. ifsatisfied that such propcrty is required
for such use and is not necded tbr count! purposcs. ma!' thereupon convey or liase-rhe same at
private sale to the applicant for such price. uhethcr nominal or other*.ise. as such board ma' fx-
regardless of the actual valuc ofsuch pnrpertl,: and
WIIERE.AS. l.essee. a dull'organized nor-lirr-prolir corporation. has applied to the Board
of county Commissioners for a l.ease ofcerrain property which the Board has determined is nor
presefltly needd lbr County purposes: and
WIIEREAS. it is rhe Board's linding rhar ir is in rhe public interest to lease this propertl
to Lessee on lhc terms and conditions set fonh belou.
NOW. THIIREFORE. in consideration of Ten Dollars ($ 10.00) and other good and
valuable consideration exchanged amongsl thc I'arties. and in considcration of the covenants
containd herein. thc Parties hereby enter into this Lease on the following terms and conditions:
l. Convcvance. On the terms and conditions set lbrth in this Lease. and in
considcration of Lcssce's perlbrmance under this Lease. the Lessor coneys to the l.cssee the
prcsent possessory interest in the Lcased Prcmiscs described bclow.
2. Description of Leascd Premises. l'he Leased Premises rvhich is the subject of this
l-ease is a parcel improved with a building located at 323 Sergeant Joe Jones Roa4 Immokalec.
l'lorida 34142. collicr county. Florida. as sho$n on Exhibil "A." hcreinafter referred to as the
"Prernises. "
r*'ITNESSETH:
Page 1072 of 5419
. 3.- . eord{ions to convevance. Lessce *arranrs and rcprcsents ro Le$or rhat it hasexamined the title and boundaries of the prtmises. .A,ccorrlingl1. this conr.el.ancc ir.ubj;iio "llof the following:
a. An1' and all condirions- restriclions. errcumbrances and limiurions no*
recorded against the Prcmises:
b. An1' and all existing or future zoning laus or ordinances:c. Anl questions oftitle and sun.e).that mal.arise in the lirture: andd. Lessee's satisfactory performancc ofall terms and conditions ofthis l_case-
. . .a.. Use of hemises. 'the purgrse of rhis Leasc is for Lessee ro opcrate a clinic and
hospital for domestic animals. u,hich use the Board of counrf commissioners has founrl to be in
the public's interest. Accordingll. Lessee shall utilize rhc ieased Premises in strict accordancc
r,vith Exhibit "B." l,essor shall have the right ro rerminarc this Lease should Lesscc utilize lhc
Prcmises in any' manner inconsistent uith the approved usc. In the evenl l.essee shall cease to use
the Premises for the purposcs described in Exhibit "8." and such cessation of use shall continuc
fora period ofsixty (60) days. this Lease. at the oprion ofthe Lesvrr. upon thirty (30) days xrittcn
noticc lo thc Lessee. shall bc terminated and Lessec shall sunendcr and vacate ihe premises to the
Lessor within thirty (30) da1,s after norice ofsuch rcrmination. provided. howcver. said sixty (60)
da1'priod shall bc tolled if such cessalion is causcd by evenrs beyond the control ofthe Less€e
such as acr ofGod or ifsuch cessalion is due to closing ibr rcconstruction or repeirs to the buitding
constructed by Lessee on the Lcascd Premiscs.
5. Pcrmissiblc Altcmations and Additions to prcmiscs. Lcssee ma1. not make an1.
alterations or additions to thc Leased Premises u'ithout obraining Lessor's prior uritten conseni.
uhich consent ma] not be unreasonabll $ithheld. t,essee shall submit to Lessor plans and
specitications for all altemtions and additions at the time t,essor's consent is sought.
6. Term of Lease. The term of this l-ease shall commence on the dale lirst above
writtcn, and unless terminated earlier hy the Parties. shall tcrminatc on thc 306 anniversary date of
this l-ease. There is no option to rene$. but lhe Parties may relegotiate thc terms ofthis Lease at
least ninetl'da1s prior to the expiration. lfl,essee holds ovcr after the expiration ofthe lease term.
such tenancy shall be from month-to-month under all ofthe terms. covenants and conditions of
this Lease subject. houeler. to Lessor's right to setk legal rclief to eject I.cssee liom the Prcmises
as a holdover.
7. Rent. I'he l.essee agrees ro pa;- the I.cssor the sum of$I.00 per annum. in advance.
for each year of the term,
S. Ngflegsg I'his is a fulll nct leasc. *ith l.essce rcsponsible for all costs. t'ees and
charyes conccrning the Prtmises. Accordingly. Lcssee shall promptly pay whcn due and prior to
an] dclinquenc) all costs, l'ecs. taxes. rash remoYal rn'iccs. asscssments. utilig charges. impact
fees and obligations ofanl kind that relate to the Prcmises. l.essee will indemni$ and hold l-essor
harmlcss from ary- and all claims. costs and obligations arising frorn Lessee's use olthe Prernises.
ln case an1. action or proceeding is brought against Lessor b;., reason of Lessee's use of the
Prcmises, Lessee shall pa1- all costs. aflomeys' fccs. expenses and liabilities resulting thercfrom
Page 1073 of 5419
and shall defend such action or procccding if Lessor sha so request. at Lcss€e's expcnse. b;.counsel reasonabll Ntisfactory to Lessor. Ii is specilicalll. agrced houfl.er. thar t_.r*r.uj ur ir,or,rD cost and expense panicipate in the rcgar derbnse of such craim. uith legal counsei of irschoosing.
. . ?-. Lcssce's Liens and Monglrqes. I.essee shall not in an1 ua}.encumber rhe premises.
and shall promprl)'remo'e an'and aI riens praced against the prcmises. A persons to,'.toi
$ese preselts may come 8re Jrul upon norice of the-facr that the interest of the Lessor in the
Premises shall not be subject to liens for improvemenrs made by the Lessee and liens ior
improvements made b1'the l.essee are specilicalli prohibited from attaching to or becoming I licn
on the interest ofthe Lessor in rhe Premises or anlipan ofeither. This noti-ce is given purs-uant to
the provisions ofand in compliance u.ith Section 7i3.10. F'lorid8 Srarutes.
10. [-essee'Ohliqation t o Maintain Premises and C v with All La*ful
Reouirements.[-essee. throughout the term ofthis Lease. at its o$n cost.and rvithout any expense
to the Lessor. shall keep and maintain the Premi ses in good. sanitarl and neat order. condition and
repair. and shall abide wirh all lautrrl requircm ents. Such maintenance and rcpair shall include.
but not be limited to. painting- janitoriat. lixt ures and appurtenances (lighting. heating, plumbing.
and air conditioning). Such repair mal also incl ude structural rcpair. if deemed necessary. by the
Lessec. If the Prcmises are not in *rch compli ance in the rcasonablc opinion of Lessor. Lessc
will bc so advised in *riting. Il'correctir.e acti on ls not bcgun lrithin rhirty (301 days ofrhe receipr
ofsuch notice and prosecuted diligentll' until correctivc rction is completed, Lessor may cause the
same to be correctcd and Lessee shall promprll reimburse Lessor for the expenses incuned by
Lessor. together rvith a 5olo administralive fr.c.
I | ' ouiet Eniovment. Lesscc shall bc entitlcrl to quicr cnjoymcnt so long as Lessee has
not delaulted on any ofthe tcrms ofthis Lcasc. Accordingly. Lessee shall have the exclusive righr
to use the Premises during the term ofthis l-ease. During the term of this Lease. l,essee may ere{r
appropriate signagc on the Lcased Premiscs and the impror ements construcled bl Lessee thereon.
Any such signage shall be in compliance lr'irh all applicable codes and ordinanccs.
12. Casualw and Cond emnation
a. Casualg . If the Premises are desrrol ed. rcndered substantiallrv inhabitable. or
damaged to any material extent. as reasonably determincd by Lessee and Lcssor. by fire or othcr
casualty. and Lessee must usc the insurance proceeds. hereinafter rcfened to as "Proceeds." to
rebuild or restoft: lhe Premises lo subsrantiallf its condition prior to such casualty event unless the
Lessor provides the Lessee nilh a \.\Titten d!.termination that rcbuilding or rcstoring the Premiscs
to such a condition u'ith the Proceeds sithin a reasonable period of time is impracticable or *ould
not be in the best intercsts of the Lessor. in rtich evenl. Proceeds shall be shall be promptly
remitted to Lessor. and insurance Proceeds shall be divided bet*een Lessor and Lessee as the
Lessee shall be entitled to lhe Proceeds for Lcssec's lixtures and pcrsonal propeny. If the Lessor
elects not to repair or replace the improt ements. lhen Lessee or Lessor may rerminate this Lease
by providing notice to the olher party within nineg (90) days after the occurrence ol'such casualtl'.
The termination u ill be effective on the ninetieth (90th) day after such fire or other casualty. unless
extendcd b;- mutual nritten agrcement ofthe Panies. During the period betueen the date ofsuch
casualtl and thc date of tcrmination. Lessee will ceasc its Operalions as ma1 be neccssar) or
J
Page 1074 of 5419
appropriate. lfthis l,ease is nol terminated as scr forth hcrein, or ifrhe prcmises is damaged to a
less than material exlenr. as rcasonabll, determined by Lessee and l.cssor. I-essee will proceld u.ith
reasonable diligence. at no cost or exFrense to [.essor. to rebuild and rcpair thc prcmiscs to
substantially tllc condition as existcd prior to the casualty.
b. Condcmnation. Lessor ma] lerminatc this l.ease as part of a condemnation
project. l,essor will usc its bcsl cllbrts to mitigate any damage caused to Lcssee as a resultof such termination: however. in no ere uill Lessor bc tiable to Lessec lbr anv
compcnsation as a rcsuh ofsuch tcrmination.
I 3. Access to Premises. Lessor. its dull' authorized agents. contractors. reprcsentatives
and emplolees. shall have rhe right aier a minimum of 24 hours *ritten notice to Lissce. trforc
ent€ring the Prcmiscs during normal business hours. or such other times with the conscnt ofl,cssce,
to inspc{t lhe Premiscs. r'erifi compliance s'ith the terms of this Leasc. or malic an1. rcquired
repain not being timell complerr,d bl l.essee.
14. 'lirmination and Surrcndcr. Unlcss othersise mutually agrced by the panies.
uithin thirt-y (30 ) dals aller termination ofthe lcase term. Lessce shall redelir.er possession ofthc
Premises to Lessor in good condition and rcpair. reasonable wear and tear cxcepted. Lessee shall
have the right at any time during Lessee's occupanq'ofthc prcmiscs to remove anl of its personal
propcrty (trailcrs. pods or industry fixturcsy. eauipment. and signs provided. ho$ever. at the
termination oflhis [,ease. I.essor shall have the option ofcither requiring Lessee to demolish and
rcmoYe all improYcments made bl Lesscc to the Premises upon Lessee's vacation thereof. or to
require Lessee to retain said impnrvements with fixtures on the Premises which improvements and
fixturcs will bccome the propeny ofthe l,cssor upon Lessee's vacation ofthe premises.
15. Assicnment. This l-ease is personal to Lessee. Accordingly. Lessee may not assign
this Lcase or sublet any ponion ofthe building constructed on thc Premiscs by Lessee without the
express prior uritten consent of the Lessor. uhich consent uill not be unreasonabll' $ithheld in
Lcssor's sole discrction. Any purported assignment or sublet without the s'xprrss urilcn consent
of Lessor shall be considered void from its inception. and shall be grounds for the immediate
termination of this Lease. Lessor mal lreell assign this l-case upon rritten notice lo Lessee.
16. Insurance.
a. Lessee shall provide and maintain a ('ommercial General Liabiliq' insurance
policy. approved in writing b1' Lesvrr and the Collier County Risk Management
Department. for not less than Three Million and 00r lfi) Dollars (53.000.000.00) combined
single limits during the term ofthis Lease. Ifsuch amounts arc less than good insurance
industry practicc would rcquire. l.essor rescn'es the right to increasc these insurance limits
b1' providing Less€e $ith at leasl six$'(60) da!'s'ad\'ance notice to do so.
b. In addition. Lessee shatl provide and maintain Worke/s Compensation
lnsurance covering all employees me€ting the lhen existing, staturor) Limits in compliancc
*ith the applicable state and federal lar,rs. 'lhe coverage shall include Employer's Liabiliq
with a minimum limit of One Hundred 'lhousand and ffi/I00 Dollan ($100.000.00) per
'{
Page 1075 of 5419
cach accidenl. If such amounts are less lhan good insurance industry practice would
rcquirc-. Lcssor resen es the right to incrcasc thct insurance limits by, providing Lesseeuith at least sixtl (60) da).s'adr.ance notice lo do so.
c. I.csscc' shall also maintain srandard tire and exrcnded coverage insurance on theadditions and improvements located on rhc. premises and all of Lessee:s property lrxatedon or in thc Prcmises including. rvithout limiution. fumiturc. cquipmcnt- finings.
inslallations. lixtures (including removable trade tixturcs). personal propertl- and supplils.
in an amount not less than the then-existing f'ull replacement value.
d. Business Automobire Liability Insurancc, and Business Boat Liabilirv
lnsurance. for automobiles and boats used b1 l.essee in rhc course ofits performance unrter
thi.s Lease. including- Emplol er's Non-onnership and Hircd Auro coverage. cach said
policy in amounts of One Million and 00/100 Dolla$ ($1.000.000.00) coribined single
limit per occurrcnce. If such amounts arc less than good insurance practice would rcqui-rc.
Lessorreserves the right to incrcase these insurance limits by providing Lessee with at least
six$' (60) days' advance norice ro do so.
-- e. Pollution Liabilitl insurance cor.cring thc accidental discharge and clean up ol
pollutants shall be maintained hy the Lessee in an amount ofnot less than Five Million and
@/100 dollars (95.fi)0.fi[) per occurrence. Such coverage shall cover rhird party liabiliry
and clean up coverage.
l'. Lcssor shall be named as an additional insured on the Commercial Geneml
l.iability insurance policy. Lcssor shall also be added as an addirional insurcd on the
Property lnsurance policy as their interest may appeat. 'llte above-described insurance
policies shall list and continuously maintain Lessor as an additional insurcd thereon.
Evidence of such insurance shall be provided ro Lessor and the Collier Countl. Risk
Management Dcpartmcnt. 331 I Easr Tamiami Trail. Administration Building, Naples.
Florida 341 12. lor approval prior ro the commencement of lhis Lease: and shall include a
pmvision requiring not less than ten (10) days prior wrinen notice to Lessor in the cvent of
cancellation or changes in policy(ies) coverage. lf such amounts are less than good
insurance practice would require. Lessor resen,es the right to rcasonabll.amend their
insurance requirements bf issuance of noticc in r+riting lo [-essee, whercupon receipr of
such notice Lcssee shall have thirty (30) dal s in which to obtain such additional insurance.'llre issuer of any policy must have a Certilicale of Authority to transact insurance business
in the State of Florida and musr be rated "A" or bener in the most curenl edition of Besr's
lnsurance Reporls. Each insurer must be responsible and repulable and must havc financial
capacitv consistent uith the risks covered. F.ach policl must contain an endorscment to
the effect that the issuer rraives any claim or right ofsubrogation to rEcover against Lessor.
its employees- rcprescntatives and agenls.
g. Failure to continuousl! abide u'ith all of these insurance provisions shall be
deemed to be a matcrial breach of this l-ease and Lessor shall have the rcmedies set t'onh
bclow,
5
Page 1076 of 5419
l.
ii.
iii.
iv.
ri.
vll.
vll1.
lx.
Abandonment ol'Prcmises or discontinuation of Lessee.s operation.
Lessee's material misrepresentation ofany maner rclated to this Lease.
Filingof insolvency, reorganization, plan or arrangemenf of bankruptcy.
Adjudication as bankrupr.
Making ofa general assignment of tlre benelit of crcditors.
If Lessee sulTers this Leax to be taken under anl.nrit of cxcculion and,/or
other process of lau'or equitl'.
l,essee's loss of its federal IRS tax exempt stanB.
I-essee's failurc to utilize lhe Prcmises as sct forth in Exhibit B.
An.v lien is filed against the Premises or Lessee's interest therein or any pan
thercof in liolation of this l-ease. or other$isc. and the same rcmiins
unreleased lbr a period of sixt1. (60) days lnrm thc date of filing unless
within such period Lessee is contesting in good faith the validity of such
lien and such lien is appropriately bonded.
Failurc of Lessee to trrtbrm or comply u'ith any material covenant or
condition made under this Lease. *hich failure is not cured nithin nineq'
(90) da1's from receipt ofLessor's trinen notice slsting thc non-compliance
shall conslitute a default (other than those covenants for which a different
cure period is provided). r*hercby Lessor may. at its option. teminate this
Lease by giving Lessee thirtl'(30) days uritten notice unlcss the default is
l'ully cured within lhat rhirD {30) day noticc period (or such additional rime
as is agreed to in uriting b1 [.essor as being reasonabll. rcquired to conect
such dcfault;. Hor,rever. the occurrence ofany ofthc events sct forth above
shall constitutc a material brcach and default by Lessce. and this Lease may
be immediatcly' terminated hy' I.essor excepl to the exlent then prohibired
bv la*.
b. Remedies of Lcssor.
In lhe event ofthe occurrence of any ofthe forcgoing defaults. Lessor. in
addition to anl other rights and remcdics it ma;., har.e. shall have the
immediate right to re-enter and remove all individuals. cntitics and/or
propertv from thc Premiscs. Srrch propeny mal be removed and storcd in
a public warchouse or elsewhere at thc cost ofand for the account oflessee.
all uithout senice of notice or resort to legal process and without being
deemed guilg' oftrespass. or being liable lor an;- loss or damage rtrich ma1.
be occasioncd therebl'. If Lessee does nol cure the defaults in the timc
l'rames as set lbrth above. and Lessor has removed and storcd property.
Lessor shall not be required to storE for morc lhan thirty (30) days. Aller
6
17. Dclhulrs and Remedics.
. .a' Delhults by Lessee. The occurrence of an) of the foflowing events and thecxpiration ofrhe applicable cure period ser tbrth belowwithour such eveir *i"g cured oircmedied will constitute a "Default by t.essce" ro the grcaresi extcn! then allowei bv |a.r:
x.
t.
Page 1077 of 5419
lt
such time. such propert!,shall be deerned abandoned and Lcssor shall
dispose ofsuch propertl. in anl manner it so chooses and shall not b€ liable
to Lessec lbr such disposal.
Ifl-essce fails ro pmmptly pay. when duc. any full installment of rcnr or any
other sum parvablc to Lessor under this Lease. and if said sum remains
unpaid lbr morc rhan live 15) da1,s pas: rhe due datc. the Lessee shall pay
Lessor a late paymcnt charge equal to five perce (5%) of each such
payment not paid pmmptly and in full whcn due. Any anounts not paid
promplly when duc shall also accrue compounded intercst of t\ o (2olo)
percent per monlh or the highcsl inlercsl rate then atloued by Florida lau'.
whichever is higher ("Defauh Rale"). $.hich intercst shall be promptly paid
by Lessee to Lessor.
ln Lcssor mal sue for direct. actual damages arising out of such dcfault of
Lessee or appll' lbr injunctive rclief as may appear necessary or dcsirable
to enforce the pertbrmance and observance ofany obligation, agreement or
covenant of Lessec under this Lease. or otherwise. Lessor shall bc entitled
to rcasonable anome]-s' fees and costs incurred arising oul of Lessc-e's
default under this Lease.
c. Dethult by l.essor, l-cssor shall in no evcnt bc chargcd with default in rhc
performance ofany of its obligations hcreundcr unlcss and until Lessor shall havc failed to
perform such obligations within thirt.v (30) days (or such additional time as is rcasonably
required to conect such default) alier \ritten nolice to Lessor by Lessee properly and in
meaningt'ul daail specitiing uhcrcin. in Lessee's judgment or opinion. Lessor has failed
to pcrform any such obligationlsl.
d. Remedies of Lessee. In partial consideration for the nominal rent charged to
Lessee. Lcssee herebl taives any claim it mal have to dircct or indirect monetarl' damagss
it incurs as a result of Lessor's breach of this l.ease. and also *aives an! claim it mighl
have to atlorneys' fecs and costs arising out of Lessor's brcach of this Lcase. Lcssec's
remcdies for Lessor's default undcr this Lcase shall be limited to the following:
ll.
For injunctive rclief as may appear neces$D' or desirable to enforce lhe
performance and observance ol'any obligation. agrccment or coveaant of
Lessor under this l,ease.
Lessee may cure any default of Lessor and pay all sums or do all reasonably
necessary uork and incur all reasonablc costs on behalf of and at the
expense of [,essor. I.essor rvill pay Lessee on demand all reasonable cosls
incurred and any amounts so paid by l.essee on behalf of Lessor. with no
intcrest.
7
lv.Lessor shall remedy any damagc incuned to the Prcmises due to Lessor's
negligence.
Page 1078 of 5419
. e. No-Rgmed!, Exclusive. No remedl.herein conferred upon or reserved to eitherpaq'is intendcd to bc cxclusi'e of an1'othei a'ailable rcmedl or rcmedies. but each andevery such remedl *ill bc cumulative and in addition to el.ery other rcmedy girrn underthis Lease or hctcaftcr existing under raw or in equity. No dclay or omission to exercisc
any right or powcr accruing upon an1, evenr of del'iuli will impaii any such right or power
nor be construed to bc $aived. but an1. such right and pro*.er maybe excrciscd from time ro
time and as often as ma1. be deemed expedieni.
. f.
.
Non-Waiver. Every provision hereof imposing an obligation upon Lessee is amatcrial inducement and consideration for the executio; of thii Lease bv Lesscc and
Lessor. No raiver by l,essee or Lcssor of an1- breach of any pro'ision of this Lease u.ill
bc deemed for any purpose to be a nai'er ofanl breach ofany orher provision hereof or
ofany continuing or subscquent brcach ofthe same provision. irrcspcctive ofthe length of
time that the respective breach ma), har,e continued.
Miscrlleneous Lcgrl Mtttcrs
18. 1'his Lease shall bc construr.d by and controlled under thc laws of thc Stare of
Florida. In the event ofa dispute under this Lease. the Parties shall tirsr usc the Countv's rhen-
cur€nl Ahemarive Dispurc Rcsolution Proccdure. Follo*ing thc conclusion of this pfucdurc.
either party may file an action in the circuit coun of collier counly to enforce the terms of this
Lease, which Court the Psnies agree to have the sole and exclusive jurisdiction.
19. This l.ease contains the entire agreement ofthe Parties uith respect to thc matters
covered by this Lease and no other agreement. statement or promise made any pat!,. or to any
employee, ollicer or agenr ofany pany. which is not contained in rhis Lease stratt ue tinding or
valid. Time is of lhe essence in the doing. Jrrformance and observation of each and enery ter..
covenant and condition of this Lease bv the Panies.
20. In the eve slatc or federal lau,s are enacted after the exerution ofthis Le8se, which
are applicable to and preclude in whole or in part the Parties' compliance with the tcrms of this
Lcasc. thcn in such o.cnt fiis l,easc shall bc modified or revoked as is neccssaD. to comply with
such lats. in a manner uhich best rcflccts thc intent of this Lcase.
21. Except as otherwise provided herein, this Lease shall only be amended by mutual
written consent ofthe Parties hcreto or by their successors in interest. Noticcs hercundcr shall be
given to the Paiies set fonh below and shall be made bl.hand delivery. facsimile, ovemighr
delivery or bl regular mail. If given [' rcgular mai[. the notice shall be deerned to have been given
within a required time if deposited in the U.S. Mail. postage prepaid. *ithin rhc rime limir. I;or
the purpose of calculaling lime limits which run from the giving of a paflicular notice the time
shall be calculated from actual receipt ofthe notice. Timc shall run only on business days which.
for purposes ofthis l-ease shall be an1' dal other than a Satunlay. Sundal or tegal public holidal.
Notices shall be addrcssed as follous:
E
Page 1079 of 5419
Ir'to Lessor
ll'to Lessee:
Real Propenl' Managemenl
3J35 l'amiami Trail. Suire l0l
Naples. Florida 341l2
Ilr. 'li:m Kepp
SNIP Collier Inc.
6491 Sable Ridgc t.ane
Naples. l'lorida 34109
Notice shall be deemed m hare been given on the next successivc business da!. to the date ofthe couriet rnal.bill if sent b1. nalionall). rccog;ized ovemight deliveq. senicc.
22- Lcssee is an independent contractor. and is not any sgent or represcnlatir.e oremplol'ee of Lessor. During rhe term ofthis l-ease. neither Lessee. nor anyone acring on bchalfof
Lessee. shall hold itsclf out as an emplol'ee. sen anr. rcpr€sentarir.e or agent or L"isor. N.irtrerparty willlrave thc right or authority to bind the other party withour express wrilten authorizarionof such othcr_pany ro any obligation to any rhird pany. Irio rhird parri is inrended ty the rarricsto bc a beneficia$ of this Lease or to.have an-v righri to enforce'this Lease oguinrt'"irt ", purty
hercto or othenvise. :r-othing contained in rhis ieai u.ill constiture rhe parties ;s part*15 "rj"i,iventwes for any purpose, it being the express intention ofthc partics that no sucir partncnhip orjoint venturc exists or will exisl. Lcssec acknowledgcs that Lessor is nor providinj any vacajtion
timc. sick pay. or othcr welrire or retiremenr beneris normaltl, associaLd witnL emptoyee-
employer relationship and lhst Lessor excludes Lessee and ir emplol.ees from participarion in aithealth and r,relfare benefit plans including vacation. sick leave. severancer lifi. accident. health
and disability insurance, deferred compensation, retircment and grievance rights or privilegcs.
.23. Neither parg to rhis Lease wi[ be riabrc tbr ary delay in rhe performance of anyobligalion under this Lcasc or ofanv inabilit;- to perform an obligation under this Lease ifand rLthe extenl that such delay in performance or inabilitl. ro perttrm is caused uy a" "r"J oi
circumstance beyond the rcasonable control of and wiritout itre fault or negligence or trre fartyclaiming Force Majeure. 'Force Majeure" shall include an act of Gi. -war (dcclared nrundeclared), sabohge. riot. insurrection civil unresr or disturbance. miliur-r.or guenitia action.
economic sanction or embargo. civil strike. rvork stoppage. slow-do*n or loci-outlexplosion. fire.
earthquake, abnormal wealher condition. hurricane. tlood. tightning. wind. atought, ana rhe
binding order ofany govemmental authority.
21. l.essee will not transporl. us€. store. mainuin, generate, manul'acrure. handle.
dispose. release or discharge any Hazardous Materials upo, or ibout the Leased prernises. norpermit employees. represerltatives, agents. contxactors. suEcontractors, sub-sub.contrsctors,
material men and/or suppliers to engage in such activities upon or about the Leased prcmises.
25. In compliancc uirh Section 404.056. Florida Staures. all panics are hcrcbl.made
aware of the following: Radon is 8 nsturally occurring radioactive gas that. when it has
accumulated in a building in sullicient quantities. may present health risks to persons who are
exgxed to it over time. Levels of radon that exceed t'edcral and state guidelincs have been found
9
Page 1080 of 5419
in buildings in Florido. nddilional inlbrmation regarding mdon and radon testing may be obtained
from your Countl' Public Health Depanment.
26. Lessec shall execurc this l-eas€ prior to il being submitted for approval by the Board
of County Commissioners. This Lease may be recorded by the County in the Oflicial Records of
Collier County, Florida. nithin fourr('cr (l.l) days after the County enters into this Lcase. at
Lessee's sole cost and expense.
IN WITNESS WHEREOI'. the Lessee and l.essor have hereto €xecuted ftis Lease the dEy
and year firs above written.
AS TO I'HE LESSI]I]:SNIP ('OLLIER INC.
B)''
M
(print namel
wi ( signalure )
(print name)
AS I'O THE LESSOR:
1
ATTEST:
Crystal K. Kinze l. Clerk
B)''B)':
. Deputy Clerk
Approved as to lbrm and legalit)":
Jennifer A. Belpedio. Assistant Counlr- Anorney
BONRD OF COTJNTY COMMISSIONERS.
COI.I,IER COIINTY. FLOzuDA
BI.JR'T L. SAUNDERS, CHAIRMAN
l0
')
Cr >t'Y c.,\
v
4ana aE{tus-
Page 1081 of 5419
Exhibit 'A'
323 Scrgcant Joc Joncs Road
lmmol<alee. Flori&
PREIUISES
il
5 .lF.!*r.*rb{----}{rY
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|lr !i
,l L -:,
ltt
It
Ltt tr
lla
ltal.t
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Page 1082 of 5419
o Hcalth cerc clinic for domcstic oinlrls Ulr prcvida:. Low€d nccitutionr. SFy ud EuEr scrvicrt
EXHIBIT'B'
ShclEr snd cdws on classcr
t2
6\
Page 1083 of 5419
l) Lessc'c shall be granted access to the prcmis€s ar alr times. and shalr be required to s€c,,e rheproperty by keeping rhe gare.cloxd. If thc gate shourd bc lo.ked. Lesseeas sGn i;". ;;r".invitees shall gain access ro the premises u1: a..er.injtt. cafl gox tocaiea ouff"-,h;;;.
2) Lessee shall be permined to operate the faciliq. sevendal.s per ueek.
3) Lessee and its staff may be requircd ro belingerprinted per County poricy and shall bc responsibrefor any cosrs associared nith back-ground iniui;es anjringl.rprinting.
-1) Less€! has rcquested a due diligence period to assess the condition of the premises to determine
9e ex::nt of n:cTsarlimprovemcnrs. and ro obrain proposals for rhose i-p-;;;. If L;.""$ unabre to obtain sufficiefl funding to improvc the premises as requircd. Les.see shall notifvLessor in \'rriting b)' Nouember r. 2020. a;d upon Lessor's receipt Lf the nrirren norice.-rhisAgrcematt shall be come null and void.
5) There is onc watcr meter fbr. the entire c'ount) -onncd propcnl which is occupied b1. co[ierCounty Road Maintenance and the Lessee. The i.essor stralt invoice rhe Lcssee foi monthly waterusc bascd on Lessce's lcascd squarc footage. anrl shall bc invoiced on at least u quancrlr basis.The electrical merer is separale. and Lessee shall bc rcsponsibre rix ttr" p-curci"i;;ila;i,..,
payment to the uriliry p,rovidcr, LCEC.
RIDI:R
l3
Page 1084 of 5419