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Agenda 12/08/2015 Item #16E 312/8/2015 16.E.3. EXECUTIVE SUMMARY Recommendation to approve a Fourth Amendment to Lease Agreement with Goodwill Industries of Southwest Florida, Inc., on behalf of Public Services, that requires the County to directly pay the providers of electric and communications utilities at the Roberts Center where the Seniors Nutrition Program is located. OBJECTIVE: To obtain approval and execution of a Fourth Amendment to Lease Agreement (Amendment) that requires the County to directly pay for electric and communications utilities related to the leased space for the Senior Nutrition Program currently administered by the Community and Human Services Division. CONSIDERATION: The Community and Human Services Division assumed operation of the Senior Nutrition Programs on January 1, 2008. These programs are funded annually by the Older Americans Act program Title III (OAA Title III). The funds from this grant were received by Collier County through the Area Agency on Aging of Southwest Florida, Inc. The Board of County Commissioners approved and accepted the most recent grant from the Area Agency on Aging of Southwest Florida Inc. on February 24, 2015, Agenda Item 16.D.4. The current OAA Title III grant period started January 1, 2015 and will end on December 31, 2015. The grant funds pay for operational expenses such as staff, rent and utilities to operate the senior congregate meal site program under the Seniors Nutrition Program located at the Roberts Center in Immokalee, Florida. There are no County -owned buildings in the Immokalee area to accommodate the meal program. On April 22, 2008, Agenda Item 16 D 4, a Lease Agreement for the Roberts Center was approved by the Board of County Commissioners for a 3,300 square foot building owned by Goodwill Industries of Southwest Florida, Inc. ( "Goodwill ") and located at 907 Roberts Avenue in Immokalee. The Lease Agreement has been amended three times. Under the Lease Agreement, Goodwill invoices the County on a monthly basis for its use of electricity and communications. However, at this time, Goodwill, a not for profit agency with limited staff, has requested that the County procure and directly pay the utility companies for use of electric and communications services. This action will reduce the landlord's staff time in preparing monthly invoices and will not result in an additional cost to the County. The revisions to the Lease Agreement are shown in strike - though underline format and no other terms and conditions are affected. The Fourth Amendment to Lease Agreement has been reviewed and approved by the Office of the County Attorney for content and legality and by the Community and Human Services Division. FISCAL IMPACT: Funds are available in existing budget in Human Services Grant Fund 707, C1 Project 33403. GROWTH MANAGEMENT: There is no growth management impact. LEGAL CONSIDERATION: This item is approved for form and legality and requires a majority vote for Board approval. — JAB RECOMMENDATION: That the Board of County Commissioners approves the Fourth Amendment to Lease Agreement with Goodwill Industries of Southwest Florida, Inc. and authorizes its Chairman to execute same. Prepared by: Michael Dowling, Senior Property Management Specialist, Division of Facilities Management Attachment: Amendment to Lease Packet Page -1640- 12/8/2015 16.E.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.3. Item Summary: Recommendation to approve a Fourth Amendment to Lease Agreement with Goodwill Industries of Southwest Florida, Inc., on behalf of Public Services, that requires the County to directly pay the providers of electric and communications utilities at the Roberts Center where the Seniors Nutrition Program is located. Meeting Date: 12/8/2015 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior, Facilities Management 11/4/2015 5:04:16 PM Submitted by Title: Property Management Specialist, Senior, Facilities Management Name: DowlingMichael 11/4/2015 5:04:17 PM Approved By Name: pochopinpat Title: Operations Coordinator, Administrative Services Department Date: 11/5/2015 3:31:50 PM Name: MottToni Title: Manager - Property Acquisition & Const M, Facilities Management Date: 11/6/2015 3:21:50 PM Name: SonntagKristi Title: Manager - Federal /State Grants Operation, Community & Human Services Date: 11/9/2015 9:23:49 AM Name: LinguidiDennis Title: Division Director - Facilities Mgmt, Facilities Management Date: 11/10/2015 1:42:22 PM Packet Page -1641- 12/8/2015 16.E.3. Name: CarrLisa Title: Grants Coordinator, Community & Human Services Date: 11/13/2015 10:07:39 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/16/2015 9:25:19 AM Name: PriceLen Title: Department Head - Administrative Svc, Administrative Services Department Date: 11/16/2015 2:49:27 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 11/18/2015 2:57:05 PM Name: KlatzkowJeff Title: County Attorney, Date: 11/18/2015 3:11:59 PM Name: pochopinpat Title: Operations Coordinator, Administrative Services Department Date: 11/20/2015 8:44:51 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 11/22/2015 11:25:46 AM Packet Page -1642- 12/8/2015 16.E.3. Lease #947 FOURTH AMENDMENT TO LEASE AGREEMENT THIS FOURTH AMENDMENT TO LEASE AGREEMENT entered into this day of 2015, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSEE," and Goodwill Industries of Southwest Florida, Inc., a not for profit Florida corporation, whose mailing address is 5100 Tice Street, Fort Myers, Florida 33905, hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Iris. have previously entered into a Lease Agreement dated April 22, 2008, hereinafter referred to as `Lease Agreement,' and a First Amendment to Lease Agreement dated November 14, 2011, a Second Amendment to Lease Agreement dated October 8, 2013, a and Third Amendment to Lease Agreement dated June 23, 2015, collectively hereinafter referred to as `Amendments.' WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement to require LESSEE to pay electric and communications utilities directly to the provider; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement and said Amendments, which are attached herein and made a part hereof, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 3 of the Lease Agreement: Article 3. Rent and Other Charges LESSEE hereby covenants and agrees to pay, as base rent for the Demised Premises, the sum of One Thousand One Hundred Twenty-three Dollars and Eighty-two Cents ($1,123.82) monthly as of May 1, 2013. Following the end of the first full year of tenancy, the annual rental amount shall increase by four (4) percent for each ensuing year thereafter and any renewal terms thereof. LESSEE shall pay _� "_�� .g Demised Premises, whleh - shall eemmenee as of july 1, 2913. The LESSOR-shall ifiveiee the LESSEE SSEE ith s , LESSEE with eepies of the araftial utility ' . LESSEE shall be responsible for the procurement and the direct payment of electric and connnunications _utilities rendered or supplied thereupon or in connection with the Demised Premises. If LESSOR should sublease the Demised Premises to another party during off - hours, at times when LESSEE is not in use of the Demised Premises, the LESSOR shall make the appropriate allowance in the quarterly billing charges to LESSEE. The LESSOR shall provide water to the LESSEE at no cost to LESSEE. The LESSOR shall provide, maintain, repair or replace, at LESSOR'S sole cost and expense, all air - conditioning systems, plumbing systems, janitorial services, and pest control. All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terns 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. Packet Page -1643- f 12/8/2015 16.E.3. 3. Except as expressly provided herein, the Lease Agreement between Collier County, a political subdivision of the State of Florida, and Goodwill Industries of Southwest Florida, Inc., for the utilization of the Demised Premises described in said Lease Agreement dated April 22, 2008, and the Amendments dated November 1.4, 2011, October 8, 2013, and June 23, 2015, remain in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Fourth Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: GOODWILL INDUSTRIES OF SOUTHWEST WITNESSES: FLORIDA, INC., a not for profit Florida Corporation Witness (Signature) (Print Name) Witness (Signature) (Print Name) AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: BY: (Signature) (Print name and title) BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIM NANCE, Chairman Approved as to form and legality: t� Jennifer A. Belpedio, Assistant County Attorney Packet Page -1644- 2 �. ..'