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4373 Mercantile Ave Lease Agreement 4373 Mercantile Avenue, Naples FL 34104 LEASE AGREEMENT THIS LEASE AGREEMENT ('Lease') entered into this J1}h day of Feb2025. between L.G Mercantile Holdings LLC, a Florida Limited Liability Company, whose m ' ing address is 11144 Palmetto Ridge Dr., Naples, FL 34110, 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. 2685 Horseshoe Dr. S., Suite 103. Naples, Florida 34104. hereinafter referred as "LESSEE." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 7,000 square feet of warehouse and office space, located at 4373 Mercantile Avenue, Naples, Florida 34110, hereinafter referred to as the "Demised Premises". for the sole purpose of operating a government office. 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 one three (3) year term ("Initial Term") commencing on February 15, 2025 (the "Effective Date"), and ending February 14, 2028. LESSEE is granted the option, provided it is not then in default of any terms of this Lease, to automatically renew same for three (3)additional one(1)year terms, under the terms and conditions as provided herein. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty (60) days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 14 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. l ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Hundred Twenty-Two Thousand and Five Hundred Dollars ($122,500) per year, commencing on February 14, 2025, to be paid in equal monthly installments of Ten Thousand, Two Hundred and Eight Dollars and 33/100 Cents($10,208.33)each month; the LESSEE is tax exempt. 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 (3%) percent compounded for each year throughout the life of the lease. ARTICLE 5. Other Expenses and Charges LESSEE shall pay all interior janitorial, electricity and telephone charges pertaining to the Demised Premises. LESSEE shall maintain the air-conditioning filters within the Demised Premises. LESSOR shall be responsible for all elements of the maintenance and repair of the building and the Demised Premises not stated above, including but not limited to, plumbing, electrical, and air- conditioning systems, landscaping enhancement and/or replacement and irrigation, as well as waste removal, water, sewer, pest control, and lawn services. 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 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 a 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. cfrP. All alterations, improvements, and additions to said 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. 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 Statues, 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, 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. 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 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 ninety (90) days (or such additional time as is reasonably required to correct such default) after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations. 4 Pn 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 Domenico and Maria LaGrasta c/o Real Property Management 11144 Palmetto Ridge Dr. 2685 Horseshoe Drive S., Suite 103 Naples, FL 34110 Naples, Florida 34104 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 and maintenance of LESSOR'S standard operations as well as the LESSOR'S right to make improvements upon the Demised Premises as deemed necessary by LESSOR. 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 shall become effective on the Effective Date. 5 (0;76 ARTICLE 18. Governing I.aw This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF.the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED:_._e I S ATTEST: CRY$T4"i K:.KIN'L , Clerk of BOARD OF COUNTY COMMISSIONERS, The uit=Gou Arid,CAunptroller COLLIER C UNTY, FLORIDA " iktiAti,, dal B" p �;--,, _ ..! — 4, - BY: gr . • y Clerk B L. SAUN ERS. Chairman AftiltdA4 eony AS TO THE LESSOR: LG Mercantile Holding, LLC,a Florida limited liability Company DATED: . ). .S BY: .---7/"Y?g„�a_H Xt_741:Alczt.41�a.> MARIA LAGRASTA. Mana r BY: (2)/YYL.Q.4"4 , ) ENICO LAGRASTA, Mana Approved as lorm and legality: .A Sally A.'A kar,Assistant County Attorney (• (�