Backup Documents 11/12/2024 Item #11B ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 w
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
Attn. Sally A. Ashkar 6/44
2. BCC Office Board of County Commissionersbyfr3 r(� 4/ /dal
3. Minutes and Records* Clerk of Court's Office /
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of the document(s) to Jennifer.Belpediona,colliercountvfl.gov 74B
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 Jennifer Belpedio/Real Property— Phone Number 239-252-8780
Contact/ Department Facilities Management
Agenda Date Item was 11/12/2024 Agenda Item Number 11.B.
Approved by the BCC
Type of Document Resolution, Long Term Lease Number of Original 2
Attached Documents Attached
PO u numberd or account i s N/A o102 l _
number if document is .. �tJ
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?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 JAB
signed by the Chairman,with the exception of most letters,must be reviewed and signed
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 JAB
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAB
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 JAB 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 s/►kiii 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
11ii
RESOLUTION NO.2024 2 2 5
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA,
AUTHORIZING THE LEASE OF COUNTY PROPERTY LOCATED AT 1973 AND 2015 BAY STREET
TO WARRIORS HOMES OF COLLIER COUNTY, A NOT-FOR-PROFIT CORPORATION, FOR
SUPPORTIVE HOUSING FOR VETERANS IN ACCORDANCE WITH SECTION 125.38, FLORIDA
STATUTES.
WHEREAS,the county-owned property located at 1973 and 2015 Bay Street. herein referred to as the Property,"
is suitable for supportive housing for veterans; and
WHEREAS, a nonprofit promoting community welfare may apply to the Board of County Commissioners for a
lease of county-owned property; and
WHEREAS, the Board has received an application from Warriors Homes of Collier, Inc. to lease the Property
for supportive housing for veterans; and
WHEREAS, the Board finds that the Property is necessary for public use and not needed for county purposes;
and
WHEREAS, the Board has reviewed the request and determined that the proposed use aligns with community
welfare objectives, recognizing supportive housing as essential for helping veterans, providing affordable housing,
and enhancing their quality of life.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA,that:
1. The Board approves the lease to Warriors Homes of Collier County, Inc. for supportive housing for veterans.
2. The Board finds that the Property is required for public use and is not needed for county purposes.
3. The terms of the lease are as follows:
• Price: The monthly rent is$1,000
• Lease Term: One year with automatic renewals for successive one-year terms.
THIS RESOLUTION ADOPTED after motion,second,and majority vote favoring same. his day of it/i2,
2024.
ATTEST:.,,,,, BOARD OF COUNTY COMMISSIONERS
CRYSTAL•K:KINZEL, CLERK COLLIER CO TY, FLORIDA
-, By:6 ' ' „" _' A.t4.f,,(Il, By
• Attest-as to Cha i '
Clerk C ns Hall,Chairman
signature only
-.,-.
Apr , ed fclrm and legality:
,,1 _,_:_'. ,,,
Jeffry A. KI zkow
Count Attorn y
Page 487 of 5419
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COLLIER COUNTY STANDARD FORM
LONG-TERM LEASE
(NOT-FOR-PROFIT ENTITY)
This Long-Term Lease(hereinafter referred to as"Lease") is entered into this 1241'
day of navqhlle r , 20 Z`I , ("Effective Date") by and between Warriors Homes
of Collier, Inc., a not-for-profit corporation duly organized under the laws of Florida, whose
mailing address is PO Box 10434, Naples, Florida 34101, hereinafter referred to as "Lessee". and
Collier County, a political subdivision of the State of Florida, whose mailing address is c/o Real
Property Management, 3335 Tamiami Trail, East, Suite 102, Naples. Florida 34112, hereinafter
referred to as"Lessor," collectively stated as the"Parties."
RECITALS:
WHEREAS, Section 125.38, Florida Statutes, provides that if a corporation or other
organization not for profit which may be organized for the purposes of promoting community
interest and welfare, should desire any real or personal property that may be owned by any county
of this state or by its board of county commissioners, for public or community interest and welfare,
then such corporation or organization may apply to the board of county commissioners for a
conveyance or lease of such property, and that such board,if satisfied that such property is required
for such use and is not needed for county purposes, may thereupon convey or lease the same at
private sale to the applicant for such price, whether nominal or otherwise, as such board may fix,
regardless of the actual value of such property; and
WHEREAS, Lessee, a duly organized not-for-profit veterans' organization, has applied to
the Board of County Commissioners for a Lease of certain property which the Board has
determined is not presently needed for County purposes; and
WHEREAS, it is the Board's finding that it is in the public interest to lease this property
to Lessee on the terms and conditions set forth below.
WITNESSETH:
NOW, THEREFORE, for valuable consideration exchanged amongst the Parties, and in
consideration of the covenants contained herein, the Parties hereby enter into this Lease on the
following terms and conditions:
1. Conveyance. On the terms and conditions set forth in this Lease, and in
consideration of Lessee's performance under this Lease, the Lessor conveys to the Lessee the
present possessory interest in the Leased Premises described below. Prior to the Lessee's
occupancy of the Leased Premises, a walk-through inspection will be conducted by the Lessor and
Lessee. This inspection will utilize the inspection checklist attached as Exhibit 1 to document the
condition of the Premises.
2. Description of Leased Premises. The Premises subject to this Lease consist of two
parcels improved with single-family homes, comprising a total of four units, as follows:
Lease between Collier County and warriors homes of Collier,Inc.
1973 and 2015 Bay Street r"
Page 488 of 5419
is
a. 1973 Bay Street,Collier County,Florida: A residential property featuring
a three-bedroom, two-bathroom home.
b. 2015 Bay Street,Collier County,Florida: A residential property featuring
a three-bedroom, two-bathroom home.
The legal descriptions of these parcels are outlined in Exhibit "A." These parcels shall be
collectively referred to as the "Premises.
3. Conditions to Conveyance. Lessee warrants and represents to Lessor that it has
examined the title and boundaries of the Premises. Accordingly. this conveyance is subject to all
of the following:
a. Any and all conditions, restrictions, encumbrances and limitations now
recorded against the Premises;
b. Any and all existing or future zoning laws or ordinances;
c. Any questions of title and survey that may arise in the future; and
d. Lessee's satisfactory performance of all terms and conditions of this Lease.
4. Use of Premises. The purpose of this Lease is for Lessee to operate a program to
provide supportive housing to veterans (the "Veterans Program"), which use the Board of County
Commissioners has found to be in the public's interest. Accordingly, Lessee shall utilize the
Leased Premises in strict accordance with Exhibit "B." Lessor shall have the right to terminate
this Lease should Lessee utilize the Premises in any manner inconsistent with the approved use.
In the event Lessee shall cease to use the Premises for the purposes described in Exhibit "B," and
such cessation of use shall continue for a period of sixty (60) days, this Lease, at the option of the
Lessor, upon thirty (30) days written notice to the Lessee, shall be terminated and Lessee shall
surrender and vacate the Premises to the Lessor within thirty (30) days after notice of such
termination. Provided, however, said sixty (60) day period shall be tolled if such cessation is
caused by events beyond the control of the Lessee such as acts of God or if such cessation is due
to closing for reconstruction or repairs to the building constructed by Lessee on the Leased
Premises. Lessee shall provide Lessor with quarterly reports summarizing the operations of the
Veterans Program, including the number of veterans housed, services provided. and any incidents
or legal matters that arose. Lessor may request additional reports or updates as needed.
Lessee shall establish and maintain clear eligibility criteria for veterans participating in the
Veterans Program, subject to Lessor's approval.The selection process shall be non-discriminatory
and shall prioritize veterans based on need in accordance with the Veterans Program's goals.
5. Permissible Alternations and Additions to Premises. Lessee may not make any
alterations or additions to the Leased Premises without obtaining Lessor's prior written consent,
which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans
and specifications for all alterations and additions at the time Lessor's consent is sought.
Notwithstanding the above, Lessee may paint the walls of the Leased Premises in colors that are
the same as or closely similar to the existing colors without requiring Lessor's prior written
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1973 and 2015 Bay StreetEt0)
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consent. Lessee shall be responsible for any necessary touch-ups or repairs to restore the walls to
their original condition upon lease termination, unless otherwise agreed.
6. Term of Lease. The term of this Lease shall commence on the Effective Date of
this Lease and shall be for an initial period of a year. The Lease shall automatically renew for
successive one-year periods unless either party provides written notice of termination at least 120
days before the end of the then-current renewal period. Notwithstanding the foregoing, either
party may terminate this Lease for convenience by providing the other party with at least 90 days'
written notice at any time during the lease term or any renewal period. If Lessee holds over after
the expiration of the lease term, such tenancy shall be from month to month under all of the terms,
covenants, and conditions of this Lease subject, however, to Lessor's right to seek legal relief to
eject Lessee from the Premises as a holdover.
7. Rent. The Lessee agrees to pay the Lessor a monthly rent of$1,000.00 per home,
due on the first day of each calendar month throughout this Lease. Payment shall be made to the
Lessor by check or electronic transfer regularly and monthly without notice from the Lessor during
the term of this Lease. Based on a daily rate of$33.34 per home, a prorated rent will be due for
the initial partial month of occupancy.
a. Payment Schedule:The Lessee shall pay the total monthly rent to the Lessor
on or before the 1 St of each month. Payment shall be made through a check and delivered
to the Lessor or through wire transfer/ACH. If paying by wire transfer/ACH, the Lessor
will provide the necessary wire transfer instructions to the Lessee.
b. Occupancy Reporting: The Lessee agrees to provide the Lessor with a
written report on the number of bedrooms occupied and the names of the veterans residing
in each bedroom with monthly rent remittance. This report shall include any changes in
occupancy within the monthly report.
8. Net Lease. This is a fully net lease,with Lessee responsible for only the costs, fees
and charges concerning the Premises as described herein. Lessee shall promptly pay when due
and prior to any delinquency all costs, fees, taxes, and utility charges arising from Lessee's use of
the Premises. The Lessee shall not be responsible for any costs or fees associated with any
assessments or impact fees of any kind.
9. Lessee's Liens and Mortgages. Lessee shall not in any way encumber the Premises
and shall promptly remove any and all liens placed against the Premises. All persons to whom
these presents may come are put upon notice of the fact that the interest of the Lessor in the
Premises shall not be subject to liens for improvements made by the Lessee and liens for
improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien
on the interest of the Lessor in the Premises or any part of either. This notice is given pursuant to
the provisions of and in compliance with Section 713.10, Florida Statutes.
10. Lessee's Obligation to Maintain Premises and Comply with All Lawful
Requirements. Lessee,throughout the term of this Lease, at its own cost and without any expense
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Lease between Collier County and Warriors Homes of Collier,Inc.
1973 and 2015 Bay Street
1 1 8 . .!
to the Lessor, shall keep, maintain, repair, and manage the Premises in good, sanitary, and neat
order, condition, and repair. Lessee's responsibilities are limited to:
a. The Lessee shall be responsible for all minor repairs and maintenance of the Property,
including, but not limited to, unclogging drains, maintaining and repairing garbage
disposals, and addressing minor issues related to structural and mechanical systems
(e.g., door hinges, faucet leaks, and light bulb replacements). The Landlord shall only
be responsible for repairs or replacements involving major structural, mechanical,
electrical, or plumbing failures that significantly affect the habitability or functionality
of the premises.
Mechanical systems refer to the systems within the property responsible for heating,
cooling,ventilation,plumbing, and electrical functions, including but not limited to the
HVAC system,water supply, drainage, and other equipment essential for the operation
and comfort of the property. Except for the HVAC system, the Lessor shall maintain
all mechanical systems.
The Lessee shall enter into and maintain an air conditioning maintenance and service
contract with a licensed HVAC contractor. This contract must include provisions for
regular maintenance, inspections, and prompt repairs of the air conditioning system.
Proof of this contract and its compliance must be provided to the Lessor upon request,
with the Lessee bearing all associated costs.
If any mechanical systems cease to function or are not operating correctly, the Lessee
shall promptly notify the Lessor to prevent further damage or disruption.
b. Roofing: Repairing roofing, addressing leaks. Lessee is not responsible for replacing
or repairing the roof If any issues arise with the roof, including leaks or structural
damage, the Lessee shall promptly notify the Lessor to prevent further damage or
deterioration.
c. General Maintenance: Lessee is responsible for performing painting, janitorial
services, and upkeep of fixtures and appurtenances (such as lighting).
d. Landscaping: Lessee is responsible for managing and maintaining all landscaping on
the Premises, including regular mowing of grass, trimming of bushes and trees, and
overall upkeep of garden areas.
If the Premises are not in such compliance in the reasonable opinion of Lessor, Lessee will
be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt of
such notice and prosecuted diligently until corrective action is completed, Lessor may cause the
same to be corrected and Lessee shall promptly reimburse Lessor for the expenses incurred by
Lessor, together with a 5% administrative fee.
Further, Lessee agrees to maintain the premises in good condition and repair throughout
the term of this lease. Lessee is responsible for any damage or destruction to the Property resulting
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1973 and 2015 Bay Street
Page 491 of 5419
11b
from the negligence, willful misconduct, or failure to maintain the Property by the lessee, any
sublessee, or occupant. In the event of such damage or destruction, the Lessee shall be fully
responsible for all costs and expenses necessary to repair or restore the premises to their original
condition, with coverage from the policy applied as needed.
11. Quiet Enjoyment. Lessee shall be entitled to quiet enjoyment so long as Lessee has
not defaulted on any of the terms of this Lease. Accordingly, Lessee shall have the exclusive right
to use the Premises during the term of this Lease.
12. Casualty
If the Premises are destroyed, rendered substantially uninhabitable, or damaged to any
material extent, as reasonably determined by Lessee and Lessor, by fire or other casualty, Lessor
may determine that the Premises and/or improvements shall not be repaired or replaced. If Lessor
determines that the Premises and/or improvements shall not be repaired or replaced, Lessee or
Lessor may terminate this Lease by providing written notice to the other party within ninety (90)
days after the occurrence of such casualty, and the lease termination shall be effective on the
ninetieth (90th) day after such fire or other casualty, unless otherwise extended by a mutually
signed written agreement between the Parties. During the period between the date of such casualty
and the date of termination, Lessee will cease its operations as may be necessary or appropriate.
If Lessor terminates this Lease as part of a condemnation project, Lessor shall use its best efforts
to mitigate any damage caused to Lessee as a result of such termination.
If this Lease is not terminated as set forth herein, or if the Premises is damaged to a less than
material extent, as reasonably determined by Lessee and Lessor, Lessee shall use Proceeds and
proceed with reasonable diligence,to rebuild and repair the Premises to substantially the condition
as existed prior to the casualty. In any event, Lessee shall not be responsible, liable, or required
to rebuild or restore the Premises in amounts exceeding the Proceeds. In any event, lessee shall
not bare any costs or expenses to rebuild or restore the Premises that exceed the Proceeds.
13. Access to Premises. Lessor, its duly authorized agents, contractors,representatives
and employees, shall have the right after reasonable oral notice to Lessee, to enter into and upon
the Premises during normal business hours, or such other times with the consent of Lessee, to
inspect the Premises,verify compliance with the terms of this Lease, or make any required repairs
not being timely completed by Lessee.
14. Termination and Surrender. Unless otherwise mutually agreed by the Parties,
within thirty(30) days after termination of the lease term, Lessee shall redeliver possession of the
Premises to Lessor in good condition and repair. Lessee shall have the right at any time during
Lessee's occupancy of the Premises to remove any of its personal property, equipment, and signs
provided,however,at the termination of this Lease.Lessor shall have the option of either requiring
Lessee to demolish and remove all improvements made by Lessee to the Premises upon Lessee's
vacation thereof, or to require Lessee to retain said improvements with fixtures on the Premises
which improvements and fixtures will become the property of the Lessor upon Lessee's vacation
of the Premises.
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Lease between Collier County and Warriors Homes of Collier.Inc.
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15. Assignment and Sublease. This Lease is personal to Lessee. Accordingly, Lessee
may not assign this Lease, or any portion of the building constructed on the Premises by Lessee
without the express prior written consent of the Lessor,which consent may be withheld in Lessor's
sole discretion. Any purported assignment without the express written consent of Lessor shall be
considered void from its inception, and shall be grounds for the immediate termination of this
Lease.
Lessor may sublease the Premises to operate a program within the Premises specifically
for the purpose of housing veterans. In connection with the Veterans Program, Lessee may enter
into occupancy agreements or sublease arrangements with individual veterans participating in the
program,provided that:
a. Such occupancy agreements or sublease arrangements are solely for the Veterans Program;
b. The duration of any such agreements does not exceed the term of this Lease;
c. The Lessee remains fully responsible for the Premises and all obligations under this Lease;
d. The Veterans Program and any related agreements do not compromise Lessor's rights under
this Lease or materially alter the use of the Premises as contemplated herein.
e. Lessee establishes and maintains emergency procedures, including evacuation plans and
contacts for emergency services, and provides the Lessor with a copy of such procedures.
f. Any such sublease shall be in compliance with all applicable codes and ordinances.
16. Insurance.
a. Lessee shall maintain comprehensive general liability and property damage
insurance with minimum limits of not less than$1,000,000 per occurrence,insuring
against liability for bodily injury,property damage,and personal injury arising from
Lessee's use or occupancy of the premises. The insurance policy must be
maintained throughout the lease term and must name the Lessor as an additional
insured.
b. Lessee shall ensure that each tenant maintains comprehensive automobile insurance
coverage on all vehicles stored on the premises during the term of this Lease.
Lessee shall make comprehensive automobile insurance policies available to
Lessor upon request to verify compliance with the insurance requirements specified
in this Lease.
c. The above-described Commercial General Liability insurance policy shall list and
continuously maintain Lessor as an additional insured thereon. Evidence of such
insurance shall be provided to Lessor and the Collier County Risk Management
Department, 3311 East Tamiami Trail, Administration Building, Naples, Florida.
34112, promptly when requested by Lessor. Lessee shall notify Lessor in writing
of any insurance policy modifications or cancellations, within ten (10) days of the
modification or cancellation. The issuer of any insurance policy shall have a
Certificate of Authority to transact insurance business in the State of Florida and
shall be rated "A" or better in the most current edition of Best's Insurance Reports.
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Lease between Collier County and Warriors Homes of-Collier.Inc.
1973 and 2015 Bay Street (CAQ\
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11b
Each insurer must be responsible and reputable and must have financial capacity
consistent with the risks covered.
d. Indemnity. Lessee hereby indemnifies Lessor and saves it harmless from and
against any and all claims, actions, damages, liability and expense (including,
without limitation, reasonable attorney's fees and costs of litigation, including
appeal) in connection with loss of life, personal injury and/or property damage to
property arising from or out of any occurrence in, upon or at the leased premises,
or the occupancy or use by Lessee of the premises, or any part thereof, or
occasioned wholly or in part buy any act or omission of Lessee, its agents,vendors,
contractors, employees, lessees, and/or invitees. In case Lessor shall, without fault
on its part, be made party to any litigation commenced by or against Lessee, then
Lessee shall protect and hold Lessor harmless and shall pay all costs, expenses and
reasonable attorney's fees and costs incurred or paid by Lessor in connection with
such litigation.
17. Defaults and Remedies.
a. Defaults by Lessee. The occurrence of any of the following events and the
expiration of the applicable cure period set forth below without such event being cured or
remedied will constitute a "Default by Lessee" to the greatest extent then allowed by law:
i. Abandonment of Premises or discontinuation of Lessee's operation.
ii. Lessee's material misrepresentation of any matter related to this Lease.
iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy.
iv. Adjudication as bankrupt.
v. Making of a general assignment of the benefit of creditors.
vi. If Lessee suffers this Lease to be taken under any writ of execution and/or
other process of law or equity.
vii. Lessee's loss of its federal IRS tax exempt status.
viii. Lessee's failure to utilize the Premises as set forth in Exhibit B.
ix. Any lien is filed against the Premises or Lessee's interest therein or any part
thereof in violation of this Lease, or otherwise, and the same remains
unreleased for a period of sixty (60) days from the date of filing unless
within such period Lessee is contesting in good faith the validity of such
lien and such lien is appropriately bonded.
x. Failure of Lessee to perform or comply with any material covenant or
condition made under this Lease, which failure is not cured within ninety
(90)days from receipt of Lessor's written notice stating the non-compliance
shall constitute a default (other than those covenants for which a different
cure period is provided), whereby Lessor may, at its option, terminate this
Lease by giving Lessee thirty (30) days written notice unless the default is
fully cured within that thirty (30)day notice period(or such additional time
as is agreed to in writing by Lessor as being reasonably required to correct
such default). However, the occurrence of any of the events set forth above
shall constitute a material breach and default by Lessee, and this Lease may
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Lease between Collier County and Warriors Homes or Collier,Inc.
1973 and 2015 Bay Street CAS'
� a
Page 494 of 5419
118
be immediately terminated by Lessor except to the extent then prohibited
by law.
b. Remedies of Lessor.
i. In the event of the occurrence of any of the foregoing defaults, Lessor, in
addition to any other rights and remedies it may have, shall have the
immediate right to re-enter and remove all individuals, entities and/or
property from the Premises. Such property may be removed and stored in
a public warehouse or elsewhere at the cost of and for the account of Lessee,
all without service of notice or resort to legal process and without being
deemed guilty of trespass, or being liable for any loss or damage which may
be occasioned thereby. If Lessee does not cure the defaults in the time
frames as set forth above, and Lessor has removed and stored property,
Lessor shall not be required to store for more than thirty (30) days. After
such time, such property shall be deemed abandoned and Lessor shall
dispose of such property in any manner it so chooses and shall not be liable
to Lessee for such disposal.
ii. If Lessee fails to promptly pay,when due,any full installment of rent or any
other sum payable to Lessor under this Lease, and if said sum remains
unpaid for more than five (5) days past the due date, the Lessee shall pay
Lessor a late payment charge equal to five percent (5%) of each such
payment not paid promptly and in full when due. Any amounts not paid
promptly when due shall also accrue compounded interest of two (2%)
percent per month or the highest interest rate then allowed by Florida law,
whichever is higher("Default Rate"), which interest shall be promptly paid
by Lessee to Lessor.
iii. Lessor may sue for direct, actual damages arising out of such default of
Lessee or apply for injunctive relief as may appear necessary or desirable
to enforce the performance and observance of any obligation, agreement or
covenant of Lessee under this Lease, or otherwise. Lessor shall be entitled
to reasonable attorney's fees and costs incurred arising out of Lessee's
default under this Lease.
c. Default by Lessor. Lessor shall in no event be charged with default in the
performance of any of its obligations hereunder unless and until Lessor shall have failed to
perform such obligations within thirty (30) days (or such additional time as is reasonably
required to correct such default) after written notice to Lessor by Lessee properly and in
meaningful detail specifying wherein, in Lessee's judgment or opinion, Lessor has failed
to perform any such obligation(s).
d. Remedies of Lessee. In partial consideration for the nominal rent charged to
Lessee,Lessee hereby waives any claim it may have to direct or indirect monetary damages
it incurs as a result of Lessor's breach of this Lease, and also waives any claim it might
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Page 495 of 5419
11g
have to attorneys' fees and costs arising out of Lessor's breach of this Lease. Lessee's
remedies for Lessor's default under this Lease shall be limited to the following:
i. For injunctive relief as may appear necessary or desirable to enforce the
performance and observance of any obligation, agreement or covenant of
Lessor under this Lease.
ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably
necessary work and incur all reasonable costs on behalf of and at the
expense of Lessor. Lessor will pay Lessee on demand all reasonable costs
incurred and any amounts so paid by Lessee on behalf of Lessor, with no
interest.
e. No Remedy Exclusive. No remedy herein conferred upon or reserved to either
party is intended to be exclusive of any other available remedy or remedies, but each and
every such remedy will be cumulative and in addition to every other remedy given under
this Lease or hereafter existing under law or in equity. No delay or omission to exercise
any right or power accruing upon any event of default will impair any such right or power
nor be construed to be waived, but any such right and power maybe exercised from time to
time and as often as may be deemed expedient.
f. Non-Waiver. Every provision hereof imposing an obligation upon Lessee is a
material inducement and consideration for the execution of this Lease by Lessee and
Lessor. No waiver by Lessee or Lessor of any breach of any provision of this Lease will
be deemed for any purpose to be a waiver of any breach of any other provision hereof or
of any continuing or subsequent breach of the same provision, irrespective of the length of
time that the respective breach may have continued.
Miscellaneous Legal Matters
18. This Lease shall be construed by and controlled under the laws of the State of
Florida. In the event of a dispute under this Lease, the Parties shall first use the County's then-
current Alternative Dispute Resolution Procedure. Following the conclusion of this procedure,
either party may file an action in the Circuit Court of Collier County to enforce the terms of this
Lease, which Court the Parties agree to have the sole and exclusive jurisdiction.
19. This Lease contains the entire agreement of the Parties with respect to the matters
covered by this Lease and no other agreement, statement or promise made any party, or to any
employee, officer or agent of any party, which is not contained in this Lease shall be binding or
valid. Time is of the essence in the doing, performance and observation of each and every term,
covenant and condition of this Lease by the Parties.
20. In the event state or federal laws are enacted after the execution of this Lease,which
are applicable to and preclude in whole or in part the Parties' compliance with the terms of this
Lease, then in such event this Lease shall be modified or revoked as is necessary to comply with
such laws, in a manner which best reflects the intent of this Lease.
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21. Except as otherwise provided herein, this Lease shall only be amended by mutual
written consent of the Parties hereto or by their successors in interest. Notices hereunder shall be
given to the Parties set forth below and shall be made by hand delivery, facsimile, overnight
delivery or by regular mail. If given by regular mail,the notice shall be deemed to have been given
within a required time if deposited in the U.S. Mail, postage prepaid, within the time limit. For
the purpose of calculating time limits which run from the giving of a particular notice the time
shall be calculated from actual receipt of the notice. Time shall run only on business days which,
for purposes of this Lease shall be any day other than a Saturday, Sunday or legal public holiday.
Notices shall be addressed as follows:
If to Lessor: County Manager
Collier County Manager's Office
3299 East Tamiami Trail, Suite 202
Naples, Florida 34112
CC: Real Property Management
3335 Tamiami Trail, Suite 102
Building W
Naples, Florida 34112
If to Lessee:
Notice shall be deemed to have been given on the next successive business day to the date of
the courier waybill if sent by nationally recognized overnight delivery service.
22. Lessee is an independent contractor and is not any agent or representative or
employee of Lessor. During the term of this Lease, neither Lessee, nor anyone acting on behalf of
Lessee, shall hold itself out as an employee, servant, representative or agent of Lessor. Neither
party will have the right or authority to bind the other party without express written authorization
of such other party to any obligation to any third party. No third party is intended by the Parties
to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party
hereto or otherwise. Nothing contained in this Lease will constitute the Parties as partners or joint
ventures for any purpose, it being the express intention of the Parties that no such partnership or
joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation
time, sick pay, or other welfare or retirement benefits normally associated with an employee-
employer relationship and that Lessor excludes Lessee and its employees from participation in all
health and welfare benefit plans including vacation, sick leave, severance, life, accident, health
and disability insurance, deferred compensation, retirement and grievance rights or privileges.
23. Neither party to this Lease will be liable for any delay in the performance of any
obligation under this Lease or of any inability to perform an obligation under this Lease if and to
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the extent that such delay in performance or inability to perform is caused by an event or
circumstance beyond the reasonable control of and without the fault or negligence of the party
claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or
undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action,
economic sanction or embargo,civil strike,work stoppage,slow-down or lock-out,explosion, tire,
earthquake, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the
binding order of any governmental authority.
24. Lessee will not transport, use, store, maintain, generate, manufacture, handle,
dispose, release or discharge any Hazardous Materials upon or about the Leased Premises, nor
permit employees, representatives, agents, contractors, sub-contractors, sub-sub-contractors,
material men and/or suppliers to engage in such activities upon or about the Leased Premises.
25, 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.
26. Lessee shall execute this Lease prior to it being submitted for approval by the Board
of County Commissioners. This Lease may be recorded by the County in the Official Records of
Collier County, Florida, within fourteen (14) days after the County enters into this Lease, at
Lessee's sole cost and expense.
IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the day
and year first above written.
AS TO THE LESSEE:
Warriu E-lome. of Collier, Inc.
--- � By:
Citk
Witnesi ' . l Dal • A. Mullin,P► sident
,4c L t ✓
(print name)
j4)11.11-2
Witness(signature)
t,. (
(print name)
[County signature page follows.[
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Lease between Collier County and Warriors Homes or Collier,Inc.
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1B
AS TO THE LESSOR:
ATTEST:
BOARD OF COUNTY COMMISSIONERS,
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY, FLORIDA
of the Circuit Court-and Comptroller
61/14raeak
Deputy Clerk CHL, CHAIRM
Attest as'to;�£hairman's
Sraoatii, only
tt
Approved ,to`. Mii and legality:
By: .�,.
JeffreyA.EK zkow, County Attorney
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i18
EXHIBIT 1
Inspection and Inventory Checklist
This Inspection and Inventory Checklist is intended to document the condition of the Leased
Premises at the time of inspection. By checking the box next to each item, the Lessee and Lessor
confirm that no damage or issues were observed for that particular item. Any discrepancies,
damages, or issues noted during the inspection should be detailed in the "Additional Notes and
Observations" section below.
**Property Address:**
**Date of Inspection:**
**Lessee Name:**
**Lessor Name:**
**Inspection Conducted By:**
**I. General Condition**
- [ ] Cleanliness of the Premises
- [ ] Condition of Flooring (Carpet. Hardwood, Tile, etc.)
- [ ] Walls and Paint Condition
- [ ] Ceilings and Lighting Fixtures
**2. Entry and Exit Areas**
- [ ] Condition of Doors (Interior and Exterior)
- [ ] Functionality of Locks and Keys
- [ ] Condition of Windows and Screens
- [] Condition of Entry Mats/Rugs
**3. Kitchen**
- [ ] Condition of Countertops
- [] Condition and Operation of Cabinets and Drawers
- [] Condition and Functionality of Appliances (Refrigerator, Oven, Microwave, etc.)
- [ ] Condition of Sink and Faucets
- [] Condition of Flooring
**4. Bathrooms**
- [] Condition of Sink, Counter, and Vanity
- [] Condition of Toilet and Flush Mechanism
- [ ] Condition of Shower/Bathtub and Fixtures
- [ ] Condition of Mirrors and Towel Bars
- [] Condition of Flooring
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**5. Living Areas**
- [ ] Condition of Flooring (Carpet, Hardwood, Tile, etc.)
- [ ] Condition of Walls and Paint
- [ ] Condition of Light Fixtures and Ceiling Fans
- [ ] Condition of Electrical Outlets and Switches
**6. HVAC System**
- [ ] Condition of Air Conditioning Units
- [ ] Condition of Heating Units
- [ ] Functionality of Thermostats
- [ ] Evidence of Regular Maintenance
**7. Plumbing**
- [ ] Condition of Pipes and Plumbing Fixtures
- [ ] Functionality of Water Pressure
- [ ] Evidence of Leaks or Water Damage
**8. Safety and Security**
- [ ] Functionality of Smoke Detectors
- [] Functionality of Carbon Monoxide Detectors
- [] Condition of Fire Extinguishers
- [ ] Condition and Operation of Security Systems (if applicable)
**9. Exterior**
- [ ] Condition of Roof and Gutters
- [] Condition of Exterior Walls
- [ ] Condition of Landscaping
- [ ] Condition of Driveways and Walkways
**10. Inventory of Items Provided (if applicable)**
- [ ] Furniture (List items and condition)
- [ ] Appliances (List items and condition)
- [ ] Fixtures (List items and condition)
**Additional Notes and Observations:**
**Signatures:**
**Lessee:**
**Date:**
**Lessor:**
**Date:**
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EXHIBIT A
Demised Premises
1973 Bay Street, Collier County, Florida: A residential property featuring a three-bedroom, two-
bathroom home, situated on the property described as:
Lot 52, Naples Bayview Addition 1, according to the plat thereof as recorded in Plat
Book 4, Page 20.
2015 Bay Street, Collier County, Florida: A residential property featuring a three-bedroom, two-
bathroom home, situated on the property described as:
Lot 55, Naples Bayview Addition 1, according to the plat thereof as recorded in Plat
Book 4, Page 20.
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EXHIBIT B
Approved Uses and Requirements for Veterans Program
1. Purpose:
The Leased Premises shall be used exclusively for operating a long-term supportive
housing program for our local Veterans, which will provide housing and related services •
to veterans in need.
2. Occupancy Limits:
The Lessee shall adhere to local occupancy regulations and ensure that resident capacity
aligns with safety and zoning requirements, with occupancy limited to one veteran per
bedroom while serving veterans on the Premises.
3. Prohibited Uses:
The Premises shall not be used for any activities unrelated to the Veterans Housing
Program. including but not limited to commercial enterprises or uses not serving veterans.
4. Community Impact:
The operation of the Veterans Program shall be conducted in a manner that minimizes
disruption to the surrounding community.
5. Monitoring and Reporting Requirements:
Lessor reserves the right to review the operations of the Veterans Program, including any
subleases or occupancy agreements, to ensure compliance with this Lease and applicable
laws. Lessee shall cooperate fully with any reasonable requests for information or
documentation related to the Veterans Program.
a. Maintenance Logs: The Lessee shall maintain detailed logs of all maintenance,
repairs, and replacements conducted on the Premises. These logs must include dates,
descriptions of work performed, names of contractors or personnel involved, and costs
incurred.The Lessee shall provide copies of these maintenance logs to the Lessor upon
request and at least quarterly.
b. Tenant Policies and Procedures: The Lessee shall establish,implement,and maintain
written tenant policies and procedures governing the management and operation of the
Premises, including but not limited to:
1. 'Tenant Eligibility: Criteria for determining tenant eligibility, including any
specific qualifications or requirements related to income, background checks,
or other relevant factors.
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2. Tenant Conduct: Rules and guidelines for tenant behavior and responsibilities.
3. Maintenance Requests: Procedures for tenants to request maintenance or •
report issues. A copy of these tenant policies and procedures, including the
tenant eligibility criteria, shall be provided to the Lessor upon request and
updated as necessary to ensure compliance with all applicable laws and
regulations.
4. Emergency Procedures: Protocols for handling emergencies or urgent repairs. •
5. Annual NSPIRE Inspection: The Lessee agrees to permit the Lessor, or any
designated third party, to conduct an annual inspection of the Premises in
accordance with the National Standards for the Physical Inspection of Real
Estate (NSPIRE) or any similar standards adopted by the relevant housing
authority. The Lessee shall provide reasonable access to the Premises and
cooperate with the inspection process. The results of the inspection shall be
shared with the Lessee, and any required corrective actions identified during
the inspection shall be addressed promptly by the Lessee,
6. Compliance and Reporting: The Lessee shall ensure compliance with all
findings from the NSPIRE inspection and other monitoring activities. Any
required corrective actions or recommendations made by the Lessor or
inspection authorities must be implemented by the Lessee within a reasonable
timeframe, as specified in the notice provided by the Lessor.
7. Access for Monitoring: The Lessor or designated representatives shall have
the right to access the Premises for the purpose of verifying compliance with
this provision, conducting inspections, and reviewing maintenance logs and
tenant policies. Access shall be provided with reasonable notice to the Lessee,
•
except in the case of emergencies.
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CMA#5907
TEMPORARY RESIDENTIAL EMPLOYEE/INTERN HOUSING
Effective Date: March 28, 2006 (Revised: March 1, 2008; Revised: September 17, 2010;
Revised: September 1, 2017; Revised: January 31,2019; Revised: June 7,2024)
§ 5907-1. Purpose.
The purpose of this Instruction is to establish guidelines and procedures to make use of unoccupied
homes owned by the County.
§ 5907-2. Concept.
When available, and in accordance with these procedures, Collier County may use unoccupied
County-owned homes to provide temporary residential housing to new employees, existing
employees under extenuating circumstances, and interns. This limited benefit is offered to help in
recruitment efforts and to provide the County with another option to secure and retain employees.
A. Temporary residential housing, when available, may be provided to new employees,
imbedded contract employees, interns and existing employees under extenuating
circumstances. Students working for the County or its imbedded contract employees may
also utilize this program at a reduced rate. The County may waive the usage fee for up to
3 days when bringing in a perspective employee for an interview.
B. The term of use shall be limited to 120 days but may, with case-by-case written approval
by the County Manager or designee, be extended to 150 days.
C. The County Manager, or designee, may approve temporary residential housing for any
existing employee upon written recommendation of the employee's Division Director.
D. Employees, contract employees, students, or interns may be responsible for any property
damage,unless caused by circumstances beyond the control of the user/occupant and must
keep the housing unit clean and orderly at all times.
1. County staff or contractors under contract with the County,at the County's request,may
enter the residential unit at any time for the purposes of inspection, maintenance, and/or
repair.
2. Temporary Housing Agreements shall include a provision stating that causing damage
to the unit beyond the security deposit,without reimbursement from or replacement by the
employee, may result in garnishment of wages. Further, based on the severity and nature
of the damage, County employees may be subject to disciplinary action.
E. The Division of Facilities Management shall manage the units, including but not limited
to: scheduling the occupants, maintenance and repair, pest control, cable, water service,
electric service,burglar alarm system, lawn service and janitorial service.Additionally,the
Division will furnish each unit with appropriate furniture.
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CMA#5907 1 1 a
TEMPORARY RESIDENTIAL EMPLOYEE/INTERN HOUSING
F. Each employee occupant will enter into a Temporary Housing Agreement with the County.
Additional occupants require prior approval from the County Manager or designee and
must be listed in the Temporary Housing Agreement for approval as occupants.
G. The use fee for housing under 2,000 square feet of living space,which includes rent, water
service, electric service, lawn service, basic cable and furnishings, is $40 per day for
employees and imbedded contract employees. For housing over 2,000 square feet of living
space the use fee will be $50 per day. All housing for interns and students is a rate of$15
per day. The use fee shall be paid one month in advance (except for students and interns
who will pay at the end of each month)payable to the Board of County Commissioners. In
the event of housing rate adjustments associated with the program, the per day rate will
remain fixed and as listed in the executed Temporary Housing Agreement for current
occupants for the duration of their stay.
H. A refundable security deposit,equivalent to the amount of the first month's rent,is required
to cover potential damages to the unit and appurtenances, including but not limited to:
structural damage, harm to walls, ceilings, floors, fixtures, appliances, furniture,
electronics, and household goods provided by Collier County. The refundable deposit will
be held by the Clerk of Courts during occupancy and will be returned less any deductions
for damages beyond normal wear and/or use. A non-refundable payment of $250 is
required for each pet. The revenues will be directed to Facilities Management Division
budget to address maintenance and administrative costs, unless specific restrictions
imposed by the funding source used to acquire the units dictates otherwise.
I. Facilities Management may, when necessary, and in the absence of a paying occupant,
assign security officer or maintenance personnel to occupy the units in order to prevent
vandalism.
J. The County Manager or designee will review and, if necessary, adjust the charges every
two years, but has the authority to amend this policy as necessary at any time.
§ 5907-3. Currency.
The Division of Facilities Management is responsible for maintaining the currency of this
Instruction.
§ 5907-4. Authorization.
Authority for this policy and procedures was delegated by the Board of County Commissioners on
March 28, 2006.
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