Loading...
Agenda 04/10/2018 Item #16C 404/10/2018 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to Lease Agreement with Patriot Place Trust regarding the Sheriff’s Office Substation #5 clarifying the intent of the parties relative to water and sewer utility payments. OBJECTIVE: An amendment is required to clarify the intent of a provision related to monthly water/sewer invoices. CONSIDERATIONS: On July 11, 2017, the Board approved a Lease Agreement (Lease) with Patriot Place Trust (Owner) under agenda item 16.F.1. The Lease concerns the Sheriff’s Office Substation #5 located on Tamiami Trail East, just east of Collier Boulevard. In that Lease, under ‘Other Expenses and Charges,’ it was the Owner’s intention to pay for the combined water and sewer monthly utility invoices for an amount not to exceed Three Hundred Dollars. Any amount over the established amount would be the responsibility of the County for water/sewer usage. To prevent any ambiguity in processing water/sewer invoices related to this Agreement, staff has prepared the attached First Amendment to Lease Agreement (Amendment) to include the word ‘sewer’ in that provision. This was always the intent and accordingly the Amendment is intended to apply to invoices received prior to Board approval of the First Amendment. All other terms of the Agreement remain unchanged. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote for Board action. - JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute the First Amendment to Lease Agreement with Patriot Place Trust relative to water and sewer utility payments. Prepared By: Michael Dowling, Sr., Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Patriot Place First Amendment CAO 2018 (PDF) 16.C.4 Packet Pg. 657 04/10/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.4 Doc ID: 5009 Item Summary: Recommendation to approve a First Amendment to Lease Agreement with Patriot Place Trust regarding the Sheriff’s Office Substation #5 clarifying the intent of the parties relative to water and sewer utility payments. Meeting Date: 04/10/2018 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 03/05/2018 9:25 AM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 03/05/2018 9:25 AM Approved By: Review: Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 03/06/2018 9:23 AM Facilities Management Toni Mott Additional Reviewer Completed 03/07/2018 4:53 PM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 03/19/2018 11:12 AM Solid and Hazardous Waste Sarah Hamilton Additional Reviewer Completed 03/19/2018 4:57 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/20/2018 9:50 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/21/2018 12:41 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/21/2018 2:07 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/23/2018 10:06 AM Budget and Management Office Ed Finn Additional Reviewer Completed 03/29/2018 12:02 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/29/2018 3:56 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/10/2018 9:00 AM 16.C.4 Packet Pg. 658 Lease #751 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT ("Amendment"), entered into this _ day of 2018, by and between PATRIOT PLACE TRUST, whose mailing address is 13245 Tamiami Trail East, Suite l0l, Naples, Florida 34114, 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, 3335 East Tamiami Trail, Suite l0l, Naples, Florida 34112, hereinafter referred to as "LESSEE." WITNESSETH WHEREAS, the LESSOR and LESSEE have previously entered into a Lease Agreement dated July I l, 2017, hereinafter refened to as the 'Lease,' which is attached hereto and made a part hereofthis Amendment; and WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease to clarifo the reference to water/sewer invoice; and NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and Ten Dollars ($ 10.00) and other valuable consideration, the Lease is hereby further amended as follows: l. Article 5, Other Expenses and Charges, is amended as follows: ARTICLE 5. Other Expenses and Charges In addition to the monthly rent, the LESSEE shall pay LESSOR an additional Ninety-Eight Dollars ($98) per month for Common Area Maintenance fees. This amount shall be increased annually by three percent (3%) compounded for each year throughout the life of the lease. LESSEE shall pay all costs associated with electricity, telephone and communications charges, interior janitorial, trash removal, interior pest control, air-conditioning maintenance, replacement, and fi[ters. LESSOR shall be responsible for all elements of the maintenance and repair of the building, exterior landscaping and inigation, exterior pest control, and those items within the Demised Premises not stated above, including but not limited to electrical systems. LESSOR shall provide and pay for water/sewer monthly charges at the Demised Premises, however, if LESSEE should exceed normal combined water/gg1yg1usage, which has been established by LESSOR at the commencement of this Lease to be $300.00 per month, LESSOR may invoice LESSEE on a monthly basis for LESSEE'S overage of the established amount for the combined water/gg1yg1 use, and those invoices shall be provided to LESSEE showing the consumption for the Demised Premises. 2. Except as expressly provided herein, the Lease remains 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. @ Signatures appear on the following page 16.C.4.a Packet Pg. 659 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement) lN WITNESS WHEREOIT, the LESSEIi and LESSOR have hereto erccuted rhis Arrendmenr rhc day and ycor tlrst abovc rvrittcn. r\S TO -IHE I-ESSOR PAl'RIOT PLACT] 'TRUST DA I] \' ess (signatu /,42,t4r?S /4rr,PE*CA {7)r.lat*or.4 Ilrint u Print nanre and Tirle Wirncss ( ()LL' "lL(Print natne) ,{S I'O THE LESSOR lra,*. .A'I''TEST: DWICHT E. BROCK, Clerk BY: . Dcputt' Clerk Apploved as ro tbrnr and legalil) i cnn il'e r A. Belpc'dio, Assistant Counr.r, Attomc_\. BOr\RD OF COUN-lY COMMtSStONERS. COLLII]R COUNTY, I]LORIDA BY r\ndy Solis, Chainnan (E\\9l DATLiD:__'_=--- 16.C.4.a Packet Pg. 660 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement) EXHIBIT + ,* | a-L Lease # LEASE AGREEMENT THIS I-EASE AGREEMENT entered into this 11th day of July,2017, between PATRIOT PLACE TRUST, rvhose mailing address is 13245 Tardsmi Trail EEst, Surte 101, Naplcs, Florida 34114, hereinafter referred to as "LESSOR', and COLLIER COUNTY, a political subdivision of the State of Floridq whose mailing address is 3335 East Tamiami Trail, Naples, Suite I0l, Ftorida 34112, hereinafter referred as "LESSEE-. WITNESSETH In consideration of the mutual coveDauts contained herei4 and other valuable consideratiorl the parties agrce as follows: ARICLE l. Dcmised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately 2,500 square feet of office space, indoor storage area, and outdbor vehicle parking located at 13245 East Tamiami Trail, Naples, Florida 341 14, as seen on Exhibit 'A' whrch is attached lereto and made a part of this l.ease, for the sole purpose of opemling a govemment offioe. LESSEE covenants and agtees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purposc contrary to law or the rules or regulations of any public authority. ARTICLE 2. Term of kase LESSEE shall have and hold the Demised Premises for a term of three (3) years ('Initial Term') commencing on September 15,2017 and ending September 14,2020, LESSEE is granted the option, provided it is not then in default ofany of the terms ofthis Lease, to automatically rencw same for three (3) additional terms ofone (l) year each, under the terms and conditions as provided herein. LESSEE, however, reserves the right to terminate this Lease, any time after the Initial Term, with or without cause, upon one hundred and eighty days (180) days prior lrritten notice of such termination to LESSOR ai the address set forth in ARTICLE 13 of this Loasc. Said noticc shall be offective upon actual receipt by LESSOR. LESSEE shall not be requted to provide LESSOR with any advanced rent such as security deposit or holding rent. LESSEE is tax exempt ard shall provide LESSOR with its Tax Certificate showing its exempt status. ARTICLE 3. Rent LESSEE hereby oovenants and agrees to pay as base rent for thc Demised Prcmises the sum of Thirty.one Thousand Two Hundred Dollars ($31,200.00) for the filst year's r€nt to be paid in equal monthly installments of Two Thousand Six Hundred Dollars ($2,600.00)' I 16.C.4.a Packet Pg. 661 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement) Al[ rental pa]ments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this l,ease shall commence on a day other than the first day of the monlh, LESSEE shall pay rental equal to one thirtieth (V30th) ofthe monthly rental multiplied by the number ofrental days of such fractional month. The annual renl for all renewals thereto shail be ealculated as described in Article 4 below ARTICLE4. Renewal Term Rcnt Following the first frtll year of occupanoy, the aanual rent shall be increased by three percenl (3%) compounded for each year throughout the life ofthe lease. ARTICLE 5, Other Expenses and Charses In addition to the montl y ren! the LESSEE shall pay LESSOR an additional Ninety€ighl Dolla$ ($98) per month for Comrnoq Arca Maintenance fees. This amount shall be increased arnually by three percent (3%) compounded for each year throughout the life of the lease. LESSEE shall pay all costs associatcd with elcctdcity, rclephone and commrmications charges, interior j anitorial, trash rernoval, hterior pest control, air+onditioning maintenance, replacement, and filters. LESSOR shall be responsible for all elements of the maintenance and repair ofthe building, exterior Iandscaping and irrigation, extedor pest control, and those items within the Demised Premises not staled abovc, including but not lirnitcd to clcctrical systems. LESSOR shall provide and pay for water/sewer monthly charges at the Demised Premises, however, if LESSEE should exceed normal water usage, which has becn establishcd by LESSOR at th€ coromencement of this Lrase to be $300.00 per month, LESSOR may invoice LESSEE on a monthly basis for LESSEE'S overage of ihe established amount for water use and those invoices shall be provided to LESSEE showing the consumption for thc Demised Premises. ARTICLE 6. Modificalions to Demised Premises Prior to making any ehanges, alterations, addidons or improvemenls to the Demised Premises, LESSEE will provide to LESSOR all proposals and plaru for alterations, improvements, changes or additions to thE Dernised Premiscs for LESSOR'S prior writtcn approval, specifying in writing the nature ard extent of the desired alteralion, improvanent, change, or addition, along rvith the contemplated starting and completion time for such project I.ESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for ohanges, improvements, alterations or additions. LESSOR shall not urueasonably withhold its consent to required or appropriate alterations, improvcmcnts, changcs or additions proposed by LESSEE. If after sixty (60) days there has beer no written rejection delivered by LESSOR to LESSEE regardingsaid proposals or plms, then such silence shall be deemed as an APPROVAL to such request of T.ESSEE. 2 LESSEE coycnanls and agrces in conncction with any maintcnancc, repair work, crcction, construction, improvement, addition or alteration of any authorizcd modifications, additions or improvements to the Demised Premises, to observe and comply with all thcn and future applicable laws, ordinances, rules, regulatiorl and requirements of the United States of Americ4 Stsrp of Florida, County of Collier, and any and all governmental agencies havingjurisdiction over the Demisod Premiscs. 16.C.4.a Packet Pg. 662 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement) All alterations, improvements, and add^itions to the 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 ranewal term thereof, or $rithin ftifly (30) days ihereafter, if LESSOR so directs, LESSEE shall ptomptly remove all such additions, ioprovements, altcrations, fixturcs Bnd installations which were plaoed in" on or upon the Demised Premises by or on behalf of LESSEE, and which are dcsignated in said notice, and repair any damage occasioned to the Demised Prernises by such rtmoval and in defuult thereof, LESSOR may complete said removals and repairs at LESSEE S expense. ARTICLE 7. Access ro Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right aftcr roasonable oral notice to LESSEE, to enter into and upon the Demised Prtmises or any part thereof at all reasonable hours lbr the purpose of exsmining same and maki[g rep&irs or janitorial service therein, and for the purposes of impection for compliance with provisions of this Lease Ag.reeme nt. ARTICLE 8. Assignment and Subletting LESSEE covenants and agrces not to assign this Le6se or to sublet the whole or any part o[ the Demised Premises, or to permit any other persons, o0ter than another County agcncy, to oceupy samc without the prior exprcssed writtEn consent of LESSOR. Any zuch assignment or subletsing, even with the consent of LESSOR, shaii not relieve LESSEE from liability for payment of rent or other sums herein provided or from lhe obligation to keep and be bound by the terms, conditions and covcnants 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 assignmenl of this Lease or sublettrng ofthe Demised Premises. ARTICLE 9. Indemniw and Insurance Subject ro the limitations of Section 768.28, Florida Statues, LESSEE shall indernnily and save hamrless the LESSOR ftom and against any and all claims, actions and suits, and from and against any and all losscs, darnages, costs, charges, rcasonsbie atlomeys' fees, paym.ents, expsnses and liabilities which LESSOR may suslain or incur to the extent arising from the negligent act or negligent omission of LESSEE or its agents, cotrtractors or employees. LESSOR shall indcmniff and save harmless the LESSEE from and against any and all claims, actions and suits, and ftom and against any and atl losses, damages, costs, cherges, reasonable attomeys' fees, payments, expenses a::d liabilities which LESSEE may sustain or incur due to the sole negligent act or negligent omission of LESSOR. LESSEE shall maintain during the cotuse of this Lease, or any renewal thereof, comprehensive general Iiabitity ooverage including bodily injury and property darnage, premises and operations coverage, products and completed operations coverage, broad form property damage coverage, automobile liability iove.age including owned automobilcs, non-owncd automobiles and hirod automobilcs and ooDtraotual liability covcrage 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 Flori& Workey's Compcnsation I-aw, covcrage shall be provided for all employees. The coverage shall be for stalutory limits in compliancE with the applicable Stltc and Federal laws. The policy must include Employet's Liability with a limit of One I{rmdred Thousand and 00/100 Dollars ($100,000.00) oach accident. 3 I 16.C.4.a Packet Pg. 663 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement) LESSOR and LESSEE on behalf of themselves and all others claiming under them, including any insurer, waive all claims against each other, including all righ8 of subrogation, for loss or damage to their respectivc property (including, but not liuited to, the Demised Prernises) arising from fire, smoke darnage, windstorm, hail, vandalism, theft, malicious mischief and any of lhe other perils normally insured against in an '.all risk" of physical loss poticy, rcgardless of whether insurance against those perils is in effect with respect to such party's properly and regardless of the negligence ofeitber party. If either party so requests, the other party shall obtain from its insuer a written waiver of ell rights of subrogation that it may have against the other party. LESSEE shall givc 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 ackaowledges that LESSOR shall not be liable for any intemrption io LESSEE'S business for any cause whatsoever, and that LESSEE shall obtain business intemrption inswanc€ eovefirge should LESSEE desire to provide coverage for such risk. ARTICLE ll. DofiultbvLESSEE Failure ofLESSEE to comply with any provision or covenanl of this Lease shall constitute a default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days witten notioe to LESSEE, unless tle default be cured within that notice period (or such additional time as is rtasonably required to correct such default). AKTICLE 12, Default by LESSOR Failure ofLESSOR to oomply with any provision or covenant of this Lease shall constitute a default and LESSEE may, at LESSEE'S option, terminate this Lea:se after thirty (30) days Britten notice to LESSOR, unless the defau.lt be cured within that notice period (or such additional time as is reasonably required to correct such default). ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the o1h€r party at the following addresses: LESSEE: Board of County Commissioners c/o Rcal Property Management 3335 Tamiami Trail East Naples, Florida 34112 LESSOR: IUr. Cbristopher Morm Pstriot Place Trust 13245 Tamiami Trail East, Suite l0l Naples, Florida 341 14 4 ARTICLEI0. Maintenance LESSEE shall, at its sole qost and experse, keep the Dcmised Premises clean at all times. If said Dcnriscd Premises aro not kopt clean in thc 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 t]re same ro be cleaned aud corrected and LI,SSEE shall assume and pay all necessary cleaning costs and such costs shall constilute additional reol which shall bc paid by LESSEE within thirty (30) days of receipt of wrilten notice ofcostp incuned by LESSOR. 16.C.4.a Packet Pg. 664 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement) ARTICLE 14. Sunender of Premises LESSEE covenanls and agrees to deliver up and sunender 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 commencernent of the term of this Lqlse or may have been put by LESSOR or LESSEE during thc continuance thereo( ordinary wear and tear and damage by firc or the elements beyood LESSEE S control excepted. ARTICLE 15. Gsoeral Provisions LESSEE firlly understands that the police and law enforcerneot security protection provided by law eoforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and I",ESSOR acknowledges thal any special security measures deemed necessary fbr additional proteclion of the Demised Premises shall be the sole responsibility and cosr of LESSEE and shall involve uo cost or expense to LESSOR. LESSEE expressly agrees for itself, its successor and assigrs, to refrain from any use of the Demised Premises which would interfere $rith or adversely affect the operation or maintenance of LF]SSOR'S standard operations. ARTICLE 16. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of lhe following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficiert quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Addilioaal information regarding radon and radon testing may be obtaincd from your County Public Health Deprhrent. ARTICLE 17. Effective Datc This Lease Agreemcnt shall beome cffcctive upon execution by both LESSOR and LESSEE. ARTICLE 18. Coveminq [^aw This Lease Agreemcnt shall be govemed and construed in accordance with the laws of the State of Florida. Signalures appear on the following page. 5 16.C.4.a Packet Pg. 665 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement) IN WITNESS WIIEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR:PATzuOT PLACE TRUST DATED:7-JY',/7 WITNESSES: BY: CHRISTOPER P, MORRA, as Trustee signature) print Dame WITNESS (sigrnhre) SLo^ Gorr.tr.., print name AS TO TIIE LESSEE: DA'|ED: / tt t/BOARD OF COTJNTY COMMSSIONERS, COLLIER COTJNTY, FLORIDA ATTEST: DWIOHTE. BROCK Clerk BY;BY: PENNYTA C 3lq!&r!o{ly; Approved as to form and legality: !\ ^ ,,"'\ a\l)[ L,\{X- Jcnnifei-e. Belnedio, Ass$County Attomey =pPLo 6 :nq t fo' - 0\-^ /l . ^.,oD A 16.C.4.a Packet Pg. 666 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement) Exhibit'A' 13245 Tamiami Truil Easr Naples, Florida 341 14 Suitc 100 T, R!, i. oa 16.C.4.a Packet Pg. 667 Attachment: Patriot Place First Amendment CAO 2018 (5009 : Patriot Place First Amendment to Lease Agreement)