Backup Documents 02/11/2025 Item #16B 8 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 8
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 (610\__ 2/11/2025
Attn. Sally A. Ashkar
2. BCC Office Board of County Commissioners 65 bti I /
/s/
3. Minutes and Records* Clerk of Court's Office t
e,
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of agreement to Sonja.Stephenson@colliercountyfl.gov
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
lt 1 1,4 above,may need to contact staff for additional or missing information.
'v ryto Name of Primary Staff ! Sonja Stephenson/Real Property Phone Number 239-252-8073
Contact/ Dept intent Management
Agenda Date Item was February 11, 2025 Agenda Item Number 16.B.8
Approved by the BCC
Type of Document Lease Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature MP OK X. A
2. Does the document need to be sent to another agency for additional s res? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed SS
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 SS
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS
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 SS 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 /A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16B 8
4373 Mercantile Avenue, Naples FL 34104
LEASE AGREEMENT
THIS LEASE AGREEMENT (lease') entered into this ILA.A day of , 2025.
between LG Mercantile Holdings LLC, a Florida Limited Liability Company, whose m i 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.
1
CPC)
16B 8
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.
16B 8
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
„ F
16B 8
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 he 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 CCP'°*'
1 6B 8
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 CC)'°'
16B 8
ARTICLE 18. Governing Law
This Lease shall be governed and construed in accordance ‘vith 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: 1F42110rl t, 11# 5
ATTEST:•°'=_'..',.
CRYST*iciar,i74, Clerk of BOARD OF COUNTY COMMISSIONERS,
The C t.titCou" grid. rnptroller COLLIER C UNTY, FLORIDA
B'Y; r. V BY:
-. y lerk B R L. SAUN ERS, Chairman
Atte t,as. o Ohakrm . '
s6*.ure anlY $ti -
L4 58.043'�
AS TO THE LESSOR: LG Mercantile Holding, LLC,a Florida limited liability
Company
DATED:) un�,. SU S BY: 4.. .- a-a��_
MARIA LAGRASTA. Mana r
BY: ).7-147g--
DO ENICO LAGRASTA, Mana
Approved as ' ,orm and legality:
or
Sally A. As kar,Assistant County Attorney
tip,.
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