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Backup Documents 08/26/2025 Item #16F 1 (Absentia 08/12/2025 Item #16A13) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 A 1 3 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. Risk Risk-Management 2. County Attorney Office County Attorney Office / q(1)1- 4. BCC Office Board of County Commissioners &$ i1 /t.{4. Minutes and Records Clerk of Court's Office /.5/ 1/015- 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 Brooke Roxberry/Operations and Contact Information 239-252-1109 Contact/Department Regulatory Managment Agenda Date Item was August 12,2025 Agenda Item Number 16.A.13 Approved by the BCC Type of Document Resolution r Number of Original 2 Attached —i5 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 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 BR 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 BR 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 BR 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 August 26,2025,and all changes made N/A is not during the meeting have been incorporated in the attached document. The County an option for Attorney's Office has reviewed the changes,if applicable. this line. 9. Initials of attorney verifying that the attached document is the version approved by the N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the an option for Chairman's signature. this line. 16A1 . RESOLUTION NO.2025- 1 5 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING THE LEASE OF COUNTY PROPERTY LOCATED AT 2695 FRANCIS AVENUE TO DOGS PLAYING FOR LIFE, INC., A FOREIGN NOT-FOR-PROFIT CORPORATION, FOR • SUPPORTIVE HOUSING FOR TRAINERS PROVIDING CONTRACTED SERVICES TO COLLIER COUNTY DOMESTIC ANIMAL SERVICES, IN ACCORDANCE WITH SECTION 125.38, FLORIDA STATUTES. 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 Dogs Playing for Life, Inc. to lease County-owned property located at 2695 Francis Avenue, herein referred to as "the Property", for supportive housing for trainers providing contracted services to Domestic Animal Services; and WHEREAS,the Property is suitable for supportive housing for trainers; 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 assisting trainers to provide training services to Collier County Domestic Animal Services. NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: 1. The Board approves the lease to Dogs Playing for Life,Inc. for supportive housing for their trainers. 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$0.00. • Lease Term: The term of this Lease shall commence on June 17, 2025, and shall remain in effect for so long as the Training Support Agreement,Memorandum of Understanding#25-678-NS-EM,remains in effect,unless earlier terminated. THIS RESOLUTION ADOPTED after motion,second,and majority vote favoring same,this day of 24. ,fAt, vsf 2025. ^,1 ATTEST.;' ''., BOARD OF COUNTY COMMISSIONERS CRYSTAL K..KXNZEL,CLaRK• COLLIER COUNTY,FLORIDA By: • By: Attest as t0 CIs 1's,;poiSuty C k 4uneiin slgnatur' Approve, as for and legality: Sal 14,Assistant County Attorney ` _1 • i ZA\ .1 �o • G t6A13 COLLIER COUNTY STANDARD FORM SHORT-TERM LEASE (NOT-FOR-PROFIT ENTITY) This Short-Term Lease (hereinafter referred to as "Lease") is entered into this 26t day of , 20 25 , ("Effective Date") by and between Dogs Playing For Life, Inc., a foreign not-foiLprofit corporation, duly organized under the laws of Colorado,whose mailing address is 728 Rocky Mountain Place Longmont,Colorado 80504,hereinafter referred to as"Lessee",and Collier County,a political subdivision of the State of Florida, whose mailing address is do Real Property Management,2685 S Horseshoe Drive, Suite 103,Naples, Florida 34104, 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 WHHEREAS, Lessee, a duly organized foreign not-for-profit corporation, 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 and Occupancy. 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 one parcel,comprising a total of four units,A-D,with Unit B being the"Assigned Unit",as follows: a. 2695 Francis Avenue,Naples,Unit B,Florida,34112: A residential multi-family property featuring a two-bedroom,one-bathroom unit. The legal description of this parcel is outlined in Exhibit"A."This parcel shall be collectively referred to as the"Premises." Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 Oda 1 6 A 1 3 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 to provide short-term supportive housing to trainers from Dogs Playing for Life, Inc., actively providing training services to Collier County's Domestic Animal Services pursuant to the Memorandum of Understanding # 25-678-NS-EM (the "Training Support Agreement"),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 this Lease and the attached 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. 5. Modifications to Premises.Lessee shall not and shall not permit any individual residing in the Assigned Unit,to make any changes,alterations,additions,or improvements to the Assigned Unit or any portion of the Premises without the prior written approval of the Lessor, through its Facilities Management Director.This includes but is not limited to any construction,installation,or modification of structures, fixtures, equipment, furnishings, or decor. Lessor retains sole discretion to approve or deny any requested modifications and may condition approval on the manner of construction, restoration requirements,or reimbursement of costs.All approved modifications shall,at the option of the Lessor, become the property of the Lessor without compensation to the Lessee. Unauthorized modifications may result in immediate termination of this License and removal of the occupants at Lessee's sole cost. Nothing in this Article shall be construed to authorize Lessee to modify or access any portion of the Premises outside of the Assigned Unit. 6. Term of Lease. The term of this Lease shall commence on June 17,2025 and shall remain in effect for so long as the Training Support Agreement remains in effect, unless the Lease is terminated earlier. This Lease will automatically terminate if the Training Support Agreement is terminated,expires, or ( services rendered have otherwise been completed. Notwithstanding the foregoing, either party may terminate this Lease for convenience by providing the other party with at least thirty(30)days'written notice at any time during the lease term or any renewal period. Lessor may also terminate this Agreement immediately upon written notice in the event of: a. Material breach of this Agreement; b. Unauthorized use or occupancy of the Assigned Unit or any portion of the Premises; c. Conduct that endangers health, safety,or property;or d. A determination by Lessor, in its sole discretion,that continued occupancy interferes with • Lessor's operations or violates applicable laws or policies. 2 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 CiN 16A13 Lessor also reserves the right to restrict access to the Assigned Unit or Premises at any time under the conditions above. 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. This Agreement does not grant Lessee or any occupants access to or use of any other Unit within the Premises,except as expressly authorized by the Lessor.Lessee covenants not to use,occupy,or permit use of the Assigned Unit for anything other than residential purposes by its authorized trainers, and agrees to comply with all applicable laws and regulations. 7. Rent. The Parties agree that no occupancy fee shall be charged for use of the Assigned Unit. The Assigned Unit is provided at no cost solely to support Lessee's performance under the Training Support Agreement and for use by trainers actively delivering services pursuant to that agreement. This temporary housing is provided as a discretionary accommodation by the Lessor and may be discontinued at any time pursuant to the termination provisions of this Agreement. Pets are permitted within the Assigned Unit;however,Lessee shall be fully responsible for any damage caused by pet to the Assigned Unit or any portion of the Premises. 8. Other Expenses and Charges. Lessor shall be responsible for providing and paying for basic water and electricity services to the Assigned Unit. Lessee acknowledges that these utilities are offered solely as part of the discretionary housing accommodation provided under this Agreement. Lessor is not obligated to provide telephone, cable television, internet, or other communication services to the Assigned Unit. Such services, if provided by Lessor, are not a condition of housing and may be discontinued without cause. 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 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 Lessor 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, 4` 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. 3 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 16A13 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. General Maintenance: Lessee is responsible for performing painting,janitorial services, and upkeep of fixtures and appurtenances(such as Iighting). c. Landscaping: Lessor 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 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. is 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 is determine that the Premises and/or improvements shall not be repaired or replaced. If Lessor r i; 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, is 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 i 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, may access the Assigned Unit at reasonable times during the term of this Agreement for purposes including,but not limited to,inspection,maintenance,repairs,or any other activity deemed necessary 4 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 1 6 Al 3 by the Lessor. Except in cases of emergency, the Lessor will make reasonable efforts to provide at least forty-eight (48) hours' notice to the Lessee prior to accessing the Unit. It is the Lessee's responsibility to notify any individuals staying in the Unit.This Agreement does not create a landlord- tenant relationship, and neither the Lessee nor any individual residing in the Unit has a right to exclusive possession. The Lessor retains full access rights to the Assigned Unit and may enter at its discretion. 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. 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.Lessee shall not sublet the • Assigned Unit or permit occupancy by any person or entity except as expressly authorized under this Agreement.Any individuals permitted to reside at the Premises under this License shall do so solely as an extension of Lessee's responsibilities under the Training Support Agreement and shall not acquire any legal or possessory rights in the Assigned Unit or any portion of the Premises. Lessee is solely responsible for selecting, supervising,and managing such individuals. The Lessor has no legal relationship with any individual occupants. Any attempt to assign, transfer, or sublet in violation of this provision shall render this Agreement subject to immediate termination by the Lessor. For purposes of this Article, occupancy by individual employees of Lessee in connection with the performance of its obligations under this Agreement shall not be deemed an assignment or subletting. 16. Insurance.Lessor is not responsible for providing any insurance coverage for Lessee or any individuals occupying the Assigned Unit under this Agreement.Lessee shall,at its sole cost and expense,procure and maintain, or cause to be maintained, throughout the term of this Lease, the insurance coverage described in Exhibit "C," which is attached hereto and incorporated herein by reference. Such insurance shall be obtained from insurance companies authorized to conduct business in the State of Florida and shall be in forms and amounts reasonably acceptable to the Lessor. 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. Each insurer must be responsible and reputable and must have financial capacity consistent with the risks covered. r 17. 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 {• • 5 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 16A13 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. 18. 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 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. 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 6 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 f 6A1 3 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 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 E waived,but any such right and power maybe exercised from time to time and as often as may is 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 • 19. 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. 20. This Lease contains the housing 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. 7 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 CPP 6A13 21. 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. 22. 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 2685 S Horseshoe Drive, Suite 103 Naples,Florida 34104 If to Lessee: Dogs Playing for Life,Inc. Attn: Aimee Sadler 728 Rocky Mountain Place Longmont,Colorado 80404 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. 23. 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 1 grievance rights or privileges. 24. 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 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" 8 is Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 0' 1 6 A 1 3 { 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, fire, earthquake, abnormal weather condition, hurricane, flood, lightning,wind,drought,and the binding order of any governmental authority. 25. 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. 26. 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. • 27. 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: Dogs Playing for Life,Inc. By: Witness(signature) Aimee Sadler,CEO is (print name) is is is Witness(signature) (print name) [County signature page follows.] • Lease between Collier County and Dogs Playing for Life,Inc. • 2695 Francis Avenue,Naples,Unit B,Florida,34112 �o !: 0 is li 16A13 AS Tc, ; R: • `"' E _ BOARD OF COUNTY COMMISSIONERS, STAID IC.KINr� -rk COLLIER COUNTY, FLORIDA .inptroller i BY: By:> only % ' 4.4l:/4444010046-- SA DAIRMAN Approved as to and legality: By: kar q Assistant County Attorney V 1 ` 1k1/, I0 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 0 16A1 3 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:** **l.General Condition** - [] Cleanliness of the Premises - [] Condition of Flooring(Carpet,Hardwood,Tile,etc.) - [] Walls and Paint Condition - [] Ceilings and Lighting Fixtures **2.Entiy 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 is - [] Condition of Toilet and Flush Mechanism - []Condition of Shower/Bathtub and Fixtures ji - [] Condition of Mirrors and Towel Bars - [] Condition of Flooring **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 is 11 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 **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:** 12 Lease between Collier County and Dogs Playing for Life,Inc. l 2695 Francis Avenue,Naples,Unit B,Florida,34112 CAO is 1 8 A 1 3 EXHIBIT"A" Leased Premises 2695 Francis Avenue,Unit B, CoIlier County, Florida:A residential multi-family unit featuring two bedrooms and one bathroom, situated on the property described as: Lot 32. NAPLES GROVE AND TRUCK CO'S:LITTLE FARMS Na 2,according to the plat thereof as recorded in Plat Book 1, Page 27. Public Records of Collier County, Florida, excepting therefrom the Easterly 500 feet and the Westerly 787.32 feet and the Southerly 195 feet thereof and the Easterly 100 feet of the Westerly 687.32 feet of Lot 32, Naples Grove and Truck Co's Little Farms No. 2, according to the Plat thereof recorded in Plat Book 1, Page 27, Public Records of Collier County, Florida;excepting therefrom the Southerly 195 feet thereof. and the Easterly 100 feet of the Westerly 787.32 feet of Lot 32 Naples, Grove and Truck Co. 's Little Farms No. 2 according to a Plat thereof recorded in Plat Book 1, Page 27, Public Records of Collier County:Florida, excepting therefrom the Southerly 195 feet thereof 13 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 16A13 EXHIBIT"B" Approved Uses and Requirements for Dogs Playing for Life Program 1. Purpose: The Leased Premises shall be used exclusively for operating a short-term supportive housing program for the Training Support Agreement, which will provide housing to trainers from Dogs Playing for Life,Inc., actively performing training at Collier County's Domestic Animal Services. 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 trainer per bedroom on the Premises. Only trainers actively providing services under the Training Support Agreement may reside in the Assigned Unit. 3. Prohibited Uses: The Premises shall not be used for any activities unrelated to the Training Support Agreement, including but not limited to commercial enterprises or uses not serving Dogs Playing for Life, Inc.'s mission. 4. Community Impact: The operation of the Training Support Agreement 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 Training Support Agreement, 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 Training Support Agreement. 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. 2. Tenant Conduct: Rules and guidelines for tenant behavior and responsibilities. 14 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 ON° 1 6 A 1 3 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. IE pI: 15 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 Et 1RA13 EXHIBIT"C" INSURANCE AND BONDING REQUIREMENTS Services or Products Being Procured:Dogs Playing for Life.Inc.Short-Term Lease Agreement Required Limits.Insurance/Bond Type Re q 1. 15A Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements Evidence of Workers' Compensation coverage or a Certificate of Exemption issued by the State of Florida is required. Entities that are formed as Sole Proprietorships shall not be required to provide a proof of exemption.An application for exemption can be obtained online at https://anus.fldfs.cortt/bocexemni/ 2. ®Employer's Liability S_100,000_single limit per occurrence 3. ®Commercial General Bodily Injury and Property Damage Liability(Occurrence Form) patterned after the current S_1,000,000 single limit per occurrence,$2,000,000 aggregate for Bodily Injury ISO form Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project,for construction projects.This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. 4. ®Indemnification To the maximum extent permitted by Florida law,the Contractor/Vendor shall defend, indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'fees cud paralegals'fees,to the extent caused by the negligence,recklessness, or intentionally wrongful conduct of the Contractor/Vendor or anyone employed or utilized by the Contractor/Vendor in the performance of this Agreement. 5. ❑Automobile Liability S Each Occurrence; Bodily Injury & Property Damage Owned/Non-owned/Hired;Automobile Included 6. ❑Other insurance as noted: ❑Crime/Employee Dishonesty $ Per Occurrence Visited States Longshoreman's and Harbotivorker's Act coverage shall be maintained where applicable to the completion of the work. S Per Occurrence ❑ Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. S Per Occurrence ❑Aircraft Liability coverage shall be carried in limits of not less than$5,000,000 each occurrence if applicable to the completion of the Services under this Agreement. $ Per Occurrence ❑Garage Keeper Liability $ Per Occurrence ❑_Renters Insurance $ Per claim&in the aggregate ❑Crime/Employee Dishonesty $ Per Occurrence ❑Watercraft ❑Cyber Liability S Per Occurrence ❑Technology Errors&Omissions $ Per Occurrence 7, ❑Bid bond Shall be submitted with proposal response in the form of certified funds,cashiers'check or an irrevocable letter of credit,a cash bond posted with the County Clerk,or proposal bond in a sum epal to 5%of the cost proRosaL All checks shall be made payable to the 16 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112 r 6 A 1 3 Collier County Board of County Conunissioners on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. 8. ❑Performance and Payment For projects in excess of$200,000,bonds shall be submitted with the executed contract Bonds by Proposers receiving award,and written for 100%of the Contract award amount,the cost borne by the Proposer receiving an award.The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner;provided,however,the surety shall be rated as"A-"or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5%of the reported policy holders' surplus,all as reported in the most current Best Key Rating Guide,published by A.M. Best Company,Inc.of 75 Fulton Street,New York,New York 10038. 9. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance provisions. 10. ❑ Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required.This insurance shall be primary and non-contributory with respect to any other insurance maintained by,or available for the benefit of,the Additional Insured and the Vendor's policy shall be endorsed accordingly. 11. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County,OR Collier County Government,OR Collier County. The Certificates of Insurance must state the Contract Number,or Project Number,or specific Project description,or must read: For fnyAnc]_all work performed on behalf of Collier County. 12. ® On all certificates,the Certificate Holder must read:Collier County Board of County Commissioners,3295 Tamiami Trail East,Naples,FL 34112 13. Thirty(30)Days Cancellation Notice required. 14. Collier County shall procure and maintain Builders Risk Insurance on all construction projects where it is deemed necessary.Such coverage shall be endorsed to cover the interests of Collier County as well as the Contractor. Premiums shall be billed to the project and the Contractor shall not include Builders Risk premiums in its project proposal or project billings. All questions regarding Builder's Risk Insurance will be addressed by the Collier County Risk Management Division. GG-6/19/25 Vendor's Insurance Acceptance By submission of the bid Vendor accepts and understands the insurance requirements of these specifications,agrees to maintain these coverages through the duration of the agreement and/or work performance period,and that the evidence of insurability may be required within five(5)days of notification of recommended award of this solicitation. 17 Lease between Collier County and Dogs Playing for Life,Inc. 2695 Francis Avenue,Naples,Unit B,Florida,34112