Agenda 09/10/2013 Item #16E10 9/10/2013 16.E.10.
EXECUTIVE SUMMARY
Recommendation to approve a Sublease Agreement with the State of Florida
Department of Juvenile Justice for the Sheriff's Office utilization of the former Juvenile
Detention Center in Immokalee.
OBJECTIVE: To secure file storage space for the Sheriff's Office.
CONSIDERATIONS: On May 23, 1995, The State of Florida Department of Juvenile Justice
(State) entered into a fifty year Lease Agreement with Collier County for the southern portion
of County-owned property located at the Immokalee Jail at 430 Sergeant Joe Jones Road
(Property).
The State constructed buildings on the Property in order to operate a Juvenile Detention
Center. However, due to a reduction in program funding, the State has ceased its operation
at the Property until such time that funding may be available.
The County's Sheriff's Department learned that the Property was available and has
requested use of the property for storage. The State has agreed to sublet the Property to
Collier County at no cost.
The attached Sublease Agreement (Agreement) provides for a thirty-two year term, which
reflects the remaining time contained in the State's Lease with Collier County. The
Agreement contains a provision for early termination for either party should the State's
funding become available and should the Sheriff's Office discontinue its operation at the
Property.
The attached Agreement has been reviewed by the Facilities Management Department, the
Sheriff's Office and legal counsel, and by the Office of the County Attorney for legality.
FISCAL IMPACT: There is no fiscal impact associated with this Agreement.
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 a
majority vote for approval. — JAB
RECOMMENDATION: That the Board approves the attached Sublease Agreement with the
State of Florida Department of Juvenile Justice and authorizes its Chairwoman to execute
same.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property
Management, Facilities Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.10.
Item Summary: Recommendation to approve a Sublease Agreement with the State of
Florida Department of Juvenile Justice for the Sheriff's Office utilization of the former Juvenile
Detention Center in Immokalee.
Meeting Date: 9/10/2013
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
8/7/2013 4:06:37 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
8/7/2013 4:06:38 PM
Approved By
Name:pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 8/8/2013 4:33:45 PM
Name: CampSkip
Title: Director-Facilities Management,Facilities Manage
Date: 8/9/2013 8:15:00 AM
Name:MottToni
Title: Manager-Property Acquisition&Const M,Facilitie
Date: 8/13/2013 9:56:50 AM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 8/21/2013 11:52:22 AM
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Name: PriceLen
Title: Administrator, Administrative Services
Date: 8/23/2013 4:44:55 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 8/26/2013 10:17:48 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Manag
Date:.8/26/2013 11:35:52 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 8/27/2013 11:18:32 AM
Name: OchsLeo
Title: County Manager
Date: 8/29/2013 4:38:55 PM
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t fr JUY
•* STATE OF FLORIDA
DEPARTMENT OF JUVENILE JUSTICE
SUBLEASE AGREEM ENT
. Sublease Number C-0011-1
THIS SUBLEASE AGREEMENT ("Sublease") is made and entered into this _ day of
, 2013, between the STATE OF FLORIDA DEPARTMENT OF JUVENILE
JUSTICE hereinafter referred to as "SUBLESSOR", and BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,a political subdivision of the state of Florida,its successors and assigns,hereinafter
referred to as"SUBLESSEE".
WITN ESSETH:
In consideration of the covenants and conditions set forth herein SUBLESSOR subleases the below
described premises to SUBLESSEE on the following terms and conditions:
I. ACKNOWLEDGMENTS: The parties acknowledge that title to the subject property is held by Collier
County,a political subdivision in the state of Florida,and is currently managed by the SUBLESSOR as a
Department of Juvenile Justice facility.
2. DESCRIPTION OF PREMISES: The property subject to this sublease is situated in the County of
Collier, State of Florida and is more particularly described in Exhibit"A"attached hereto and hereinafter
referred to as the"Subleased Premises".
3. TITLE DISCLAIMER: SUBLESSOR does not warrant or guarantee any title,right or interest in or to
the Subleased Premises.
4. SUBLEASE TERM: The term of this Sublease shall be for a period of thirty—two (32) years
commencing on September 15, 2013, and ending on September 14, 2045, unless sooner terminated
pursuant to the provisions of this Sublease. SUBLESSEE shall be able to request one (1) fifteen year
renewal option with sixty (60) days written request to the SUBLESSOR. Written approval must be
received from SUBLESSOR in the form of an amendment. The SUBLESSEE agrees to pay the
SUBLESSOR the sum of Ten Dollars($10.00)per year,which amount shall be rendered to SUBLESSOR
at Finance and Accounting, Knight Building, 2737 Centerview Drive, Tallahassee, Florida 32399. All
covenants and conditions contained within this Sublease will apply to any renewal periods.
If SUBLESSEE shall hold over after the expiration of the Sublease term, such tenancy shall be from
month-to-month under all of the terms, covenants and conditions of this Sublease subject, however to
SUBLESSOR'S right to seek legal relief to eject SUBLESSEE from the Subleased Premises as a holdover.
5. PURPOSE: SUBLESSEE shall manage the Subleased Premises only for government use,along with
other related uses necessary for the accomplishment of this purpose as designated in the Operational Report
required by paragraph 23 of this Sublease.
6. CONFORMITY: This Sublease shall conform to all terms, conditions, modification and any
amendment to that certain lease between the COUNTY and SUBLESSOR dated MAY 23, 1995,a copy of
which is attached hereto as Exhibit"B",and SUBLESSEE shall through its agents and employees prevent
the unauthorized use of the Subleased Premises or any use thereof not in conformance with this Sublease.
This Sublease represents the final and complete understanding of the parties and incorporates or
superseded all prior negotiations,correspondence, conversations, agreements,and understandings. In the
event of a conflict this Sublease Agreement shall prevail over any prior agreements.
7. QUIET ENJOYMENT AND RIGHT OF USE: SUBLESSEE shall have the right of ingress and
egress to,from and upon the Subleased Premises for all purposes necessary to the full quiet enjoyment by
said SUBLESSEE of the rights conveyed herein.
8. ASSIGNMENT: This Sublease shall not be assigned in whole or in part without the prior written
consent of SUBLESSOR. Any assignment made either in whole or in part without the prior written
consent of SUBLESSOR shall be void and without legal effect.
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Sublease No. 0011-1
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•
9. RIGHT OF INSPECTION: The SUBLESSOR or duly authorized agents, representatives or
employees shall have the right at any and all times to inspect the Subleased Premises and the works and
operations of SUBLESSEE in any matter pertaining to this Sublease.
10. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All buildings, structures,
improvements, and signs shall be constructed at the expense of SUBLESSEE in accordance with plans
prepared by professional designers and shall require the prior written approval of SUBLESSOR as to
purpose, location and design. Further,no trees,other than non-native species, shall be removed or major
land alterations done by SUBLESSEE without the prior written approval of SUBLESSOR. Removable
equipment and removable improvements placed on the subleased premises by SUBLESSEE and which do
not become a permanent part of the Subleased Premises will remain the property of SUBLESSEE and may
be removed by SUBLESSEE upon termination of this Sublease.
11. INSURANCE REQUIREMENTS:During the term of this Sublease,SUBLESSEE shall procure and
maintain policies of fire, extended risk, and liability insurance coverage. The extended risk and fire
insurance coverage shall be in an amount equal•to the full insurable replacement value of any
• improvements or fixtures located on the Subleased Premises. The liability insurance coverage shall be in
amounts not less than $200,000 per person and $300,000 per incident or occurrence for personal injury,
•
death, and property damage on the Subleased Premises. Such -policies of insurance shall name
SUBLESSEE the SUBLESSOR and the State of Florida as coinsureds. SUBLESSEE shall submit written
evidence of having procured all insurance policies required herein prior to the effective date of this
sublease and shall submit annually thereafter, written evidence of maintaining such insurance policies to
SUBLESSOR. SUBLESSEE shall purchase all policies of insurance from a financially-responsible insurer
duly authorized to do business in the State of Florida. in lieu of purchasing insurance. SUBLESSEE shall
self-insure these coverages. The insurer must possess a minimum current rating of B+Class ViII in"Bests
Key Rating Guide". Any certificate of self-insurance shall be sufficient for this purpose only if issued or
approved by the Chief Financial Officer. State of Florida. The certificate of self-insurance shall provide
for casualty and liability coverage. SUBLESSEE further agrees to immediately notify SUBLESSOR and
the insurer of any erection or removal of any structure or other fixed improvement on the Subleased
Premises and any changes affecting the value of any improvements and to request said insurer to make
adequate changes in the coverage to reflect the changes in value. SUBLESSEE shall be financially
responsible for any loss due to failure to obtain adequate insurance coverage,and the failure to maintain
such policies or certificate in the amounts set forth shall constitute a breach of this sublease.
12. INDEMNITY: The parties shall assist each other in the investigation of injury or damages for or
against either party pertaining to each parties' areas of responsibility or activities under this Sublease and
shall cooperate regarding any legal actions deemed appropriate to remedy such damage or claims.
Each party is responsible for all personal injury and property damage or other liability attributable to their
acts or omissions and those of their officers, employees, and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto.
13. PAYMENT OF TAXES AND ASSESSMENTS: SUBLESSEE shall assume full responsibility for
and shall pay all liabilities that accrue to the Subleased Premises or to the improvements thereon.including
any and all drainage and special assessments or taxes of every kind and all mechanic's or material man's
liens which may be hereafter lawfully assessed and levied against the Subleased Premises.
14. NO WAIVER OF BREACH: The failure of SUBLESSOR to insist in any one or more instances
upon strict performance of any one or more of the covenants,terms and conditions of this sublease shall
not be construed as a waiver of such covenants,terms and conditions,but the same shall continue in full
force and effect, and no waiver of SUBLESSOR of any of the provisions hereof shall in any event be
deemed to have been made unless the waiver is set forth in writing,signed by SUBLESSOR.
15. TIME: Time is expressly declared to he of the essence of this Sublease.
16. BINDING EFFECT AND INUREMENT: This Sublease shall be binding on and shall inure to the
benefit of the successors,governmental and corporate SUBLESSEES and assigns of the parties hereto,but
nothing contained in this paragraph shall be construed as consent by the SUBLESSOR to any assignment
of this Sublease or any interest therein by SUBLESSEE.
17. NON-DISCRIMINATION: SUBLESSEE shall not discriminate against any individual because of
that individual's race, color, religion, sex, national origin,age, handicap, or marital status with respect to
any activity occurring within the Subleased Premises or upon lands adjacent to and used as an adjunct of
the Subleased Premises.
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18. VENUE: SUBLESSEE agrees that SUBLESSOR has venue privileges as to any litigation arising
from matters relating to this sublease. Any such litigation between SUBLESSOR and SUBLESSEE shall
be initiated and maintained only in Leon County,Florida.
19. UTILITY FEES: SUBLESSOR shall not be required to furnish to SUBLESSEE any services of any
kind whatsoever during the term of this sublease. SUBLESSEE shall he responsible for the payment of all
charges for the furnishing, repair or installation of gas, electricity, water and other public utilities to the
Subleased Premises and for having all utilities turned off when the Subleased Premises are surrendered.
20. MINERAL RIGHTS: This Sublease does not cover petroleum or petroleum products or minerals and
does not give the right to SUBLESSEE to drill for or develop the same. However. SUBI..ESSEE shall be
fully compensated for any and all damages that might result to the Subleasehold interest of SUBLESSEE
by reason of any such exploration and recovery operations.
2L. RIGHT OF AUDIT: .SUBLESSEE shall make available to the SUBLESSOR all financial and other .
records relating to this sublease, and the SUBLESSOR shall.have the right to audit such records at any
reasonable time. This right shall he continuous until this Sublease expires or is terminated. This Sublease
may he terminated by SUBLESSOR should SUBLESSEE fail to allow public access to all documents,
papers, letters or other materials made or received in conjunction with this sublease, pursuant to the
provisions of Chapter 119,Florida Statutes.
22. CONDITION OF PROPERTY: SUBLESSOR assumes no liability or obligation to SUBLESSEE
with reference to the condition of the Subleased Premises or the suitability of the Subleased Premises for
any improvements. The Subleased Premises herein are Subleased by SUBLESSOR to SUBLESSEE in an
"as is" condition, with SUBLESSOR assuming no responsibility for bidding, contracting, permitting,
construction,and the care.repair,maintenance or improvement of the Subleased Premises for the benefit of
SUBLESSEE.
23. NOTICES: All notices given under this Sublease shall he in writing and shall be served by certified
mail including, but not limited to, notice of any violation served pursuant to Section 253.04, Florida
Statutes, to the last address of the party to whom notice is to be given, as designated by such party in
writing. SUBLESSOR and SUBLESSEE hereby designate their address as follows:
Contact person for SUBLESSOR:
Department of J uven i le Justice
Director,Purchasing and Leasing
Bureau of General Services
Alexander Building
2737 Centerview Drive
Suite 1404
Tallahassee,Florida 32399-3100
Contact phone number:(850)921-7834
Fax:(850)487-3100
Contact person for SUBLESSEE:
Real Property Management,Leasing Agent
Attention: Michael Dowling
Collier County Government
3335 East Tamiami Trail Suite 101
Naples,Florida 34112
Contact phone number:(239)252-8743
Fax:(239)252-8876
24. DAMAGES TO THE PREMISES: (a) SUBLESSEE shall not do. or suffer to be done, in, on or
upon the Subleased Premises or as affecting said Subleased Premises or adjacent properties,any act which
may result in damage or depreciation of value to the Subleased Premises or adjacent properties,or any part
thereof. (b) SUBLESSEE shall not generate, store, produce, place, treat, release or discharge any
contaminants, pollutants or pollution, including, but not limited to, hazardous or toxic substances,
chemicals or other agents on, into, or from the Subleased Premises or any adjacent lands or waters in any
manner not permitted by law. For the purposes of this Sublease, "hazardous substances" shall mean and
include those elements or compounds defined in 42 USC Section 9601 or which are contained in the list of
hazardous substances adopted by the United States Environmental Protection Agency(EPA)and the list of
toxic pollutants designated by the United States Congress or the EPA or defined by any other federal,state
or local statute, law,ordinance, code,rule, regulation,order or decree regulating,relating to,or imposing
liability or standards of conduct concerning any hazardous,toxic or dangerous waste,substance,material,
pollutant or contaminant. "Pollutants" and "pollution" shall mean those products or substances defined in
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Florida Statutes, and the rules promulgated thereunder, all as amended or updated
Chapters 376 and 40_, P
from time-to-time. in the event of SUBLESSEE'S failure to comply with this paragraph, SUBLESSEE
shall. at its sole cost and expense.promptly commence and diligently pursue any legally required closure,
investigation, assessment, cleanup, decontamination, remediation, restoration and monitoring of(1) the
Subleased Premises, and (2)all off-site ground and surface waters and lands affected by SUBLESSEE'S
such failure to comply.as may be necessary to bring the Subleased Premises and affected off-site waters
and lands into full compliance with all applicable federal, state or local statutes. laws,ordinances, codes,
rules. regulations, orders, and decrees. and to restore the damaged property to the condition existing
immediately prior to the occurrence which caused the damage. SUBLESSEE'S obligations set forth in this
paragraph shall survive the termination or expiration of this Sublease. This paragraph shall not be
construed as a limitation upon SUBLESSEE'S obligations regarding indemnification and payment of costs
and fees as set forth in paragraphs 12 and 13 of this Sublease, nor upon any other obligations or
responsibilities of SUBLESSEE as set forth herein. Nothing herein shall relieve SUBLESSEE of any
responsibility or liability prescribed by law for fines, penalties and damages levied by governmental
agencies, and the cost of cleaning up any contamination caused directly or indirectly by SUBLESSEES
activities or facilities. Upon discovery of a release of a hazardous substance or pollutant. or any other
violation of local, state or federal law, ordinance, code. rule, regulation, order or decree relating to the
generation, storage. production, placement, treatment, release or discharge of any contaminant.
SUBLESSEE..shall report such violation to all applicable governmental agencies having jurisdiction,and to
SUBLESSOR,all within the reporting periods of the applicable agencies.
25. SURRENDER OF PREMISES: Upon termination or expiration of this Sublease.SUBLESSEE shall
surrender the Subleased Premises to SUBLESSOR. In the event no further use of the Subleased Premises
or any part thereof is needed. SUBLESSEE. shall give written notification to SUBLESSOR at least six
months prior to the release of any or all of the Subleased Premises. Notification shall include a legal
description, this Sublease number and an explanation of the release. The release shall only by valid if
approved by SUBLESSOR through the execution of a release of Sublease instrument with the same
formality as this Sublease. Upon release of all or any part of the Subleased Premises or upon termination
or expiration of this Sublease, all improvements, including both physical structures and modifications to
the Subleased Premises, shall become the property of SUBLESSOR unless SUBLESSOR gives written
notice to SUBLESSEE to remove any or all such improvements at the expense of SUBLESSEE. The
decision to retain any or all improvements upon termination of this Sublease shall be at SUBLESSORS
sole discretion. Prior to surrender of all or any part of the Subleased Premises SUBLESSOR shall perform
an on-site inspection and the keys, security codes, warranties, information on equipment, etc. to any
building on the Subleased Premises shall be turned over to SUBLESSOR. if any of the pre-existing or
newly constructed improvements do not meet all conditions as set forth in paragraph 10 herein,
SUBLESSEE shall pay all costs necessary to meet the prescribed conditions including asbestos survey and
abatement if required,demolition.removal and dump fees.
26. TERMINATION: SUBLESSOR reserves the right to terminate this Sublease upon six months
written notice to SUBLESSEE, in the event the SUBLESSOR or the State of Florida deems it necessary to
use all or any portion of the Subleased facility and Subleased Premises described in Exhibit A for any
purposes. Surrender of said Subleased Premises shall he in accordance with paragraph 25 of this Sublease.
26. BEST MANAGEMENT PRACTICES: SUBLESSEE shall implement applicable Best Management
Practices for all activities conducted under this sublease in compliance with paragraph 18-2.018(2)(h),
Florida Administrative Code, which have been selected. developed, or approved by SUBLESSOR,
SUBLESSEE or other land managing agencies for the protection and enhancement of the Subleased
Premises.
27. SOVEREIGNTY SUBMERGED LANDS: This Sublease does not authorize the use of any lands
located water ward of the mean or ordinary high water line of any lake,river,stream,creek.hay,estuary,or
other water body or the waters or the air space thereabove.
28. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the Subleased
Premises is held by Collier County. SUBLESSEE shall not do or permit anything to be done which
purports to create a lien or encumbrance of any nature against the real property contained in the Subleased
Premises including. but not limited to. mortgages or construction liens against the Subleased Premises or
against any interest of the SUBLESSOR therein.
29. CONDITIONS AND COVENANTS: All of the provisions of this Sublease shall he deemed
covenants running with the land included in the Subleased Premises,and construed to be "conditions" as
well as "covenants" as though the words specifically expressing or imparting covenants and conditions
were used in each separate provision.
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30. PARTIAL INVALIDITY: If any term. covenant. condition or provision of this Sublease shall he
ruled by a court of competent jurisdiction to be invalid,void,or unenforceable,the remainder shall remain
in full force and effect and shall in no way he affected,impaired or invalidated.
31. ENTIRE UNDERSTANDING: This Sublease sets forth the entire understanding between the parties
and shall only be amended with the prior written approval of the SUBLESSOR.
32. CONVICTION OF FELONY: If SUBLESSEE or any principal thereof is convicted of a felony
during the term of this Sublease, such conviction shall constitute. at the option of the SUBLESSOR,
grounds for termination of this Sublease.
33. EASEMENTS: All easements including,but not limited to.utility easements are expressly prohibited
without the prior written approval of the SUBLESSOR. Any easement not approved in writing by the
SUBLESSOR shall be void and without legal effect.
34. SUB-SUBLEASES: This Sublease is for the purposes specified herein and any sub-subleases of any
nature are expressly prohibited,without the prior written approval of the SUBLESSOR. Any sub-sublease
not approved in writing by the SUBLESSOR shall be void and without legal effect.
35. MAINTENANCE OF IMPROVEMENTS: SUBLESSEE shall maintain the real property contained
within the Subleased Premises and any improvements located thereon, in a state of good condition.
working order and repair including, but not limited to. keeping the Subleased Premises free of trash or
litter, meeting all building and safety codes in the location situated and maintaining any and all existing
roads.canals.ditches,culverts,risers and the like in as good condition as the same may be on the effective
date of this Sublease. Any capital improvements,renovations or repairs,enhancements,renovations at the
cost of 510,000 dollars or more shall be presented to the SUBLESSOR for review and approval prior to the
SUBLESSEE making any changes.
36. COMPLIANCE WITH LAWS: SUBLESSEE agrees that this Sublease is contingent upon and
subject to SUBLESSEE obtaining all applicable permits and complying with all applicable permits,
regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political
subdivision or agency of either.
37. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this Sublease in no way affects any
of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the
disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior
authorization has been obtained from the State of Florida Department of State, Division of Historical
Resources. The Operational Report prepared pursuant to paragraph 18-2.018(3)(a),Florida Administrative
Code. may be reviewed by the State of Florida Department of State, Division of Historical Resources to
insure that adequate measures have been planned to locate,identify,protect and preserve the archaeological
and historic sites and properties on the Subleased Premises.
38. GOVERNING LAW: This Sublease shall be governed by and interpreted according to the laws of
the State of Florida.
39. SECTION CAPTIONS: Articles, subsections and other captions contained in this Sublease are for
reference purposes only and are in no way intended to describe,interpret,define or limit the scope,extent
or intent of this Sublease or any provisions thereof.
40. SPECIAL CONDITIONS: The following special conditions shall apply to this Sublease. This
document contains the full and complete agreement by and between the SUBLESSOR and SUBLESSEE.
any changes, modifications, correction's, deletions or extension shall he made in writing and signed by
both parties.
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Witnesses as to:
SUBLESSOR SUBLESSOR:State of Florida
Department of Juvenile Justice
1)
By:
2) Christy Daly,Deputy Secretary
Date:
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this_ day of ,2013,by
as ,who is personally know to me or who has produced
as identification.
Notary Public
(Seal/Stamp) (Signature)
(Name of Notary,typed/printed)
Commission Number:
Commission Expires:
AS TO THE SUBLESSEE:
DATED:
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER COUNTY.FLORIDA
DWIGHT E.BROCK.Clerk
BY: BY:
Deputy Clerk GEORGIA A.HILLER,ESQ.,Chairwoman
Approved as to form and legality:
Jennifer A.Belpedio,Assistant County Attorney
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Sublease No. C-0011-1
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"EXHIBIT A"
PORTELLA-ROWE ASSOCIATES, INC. •
Zara Jur1 01 • Cansu[(inf Gn9in°ers
2384 LINWOOD AYE.,NAPLES,FLORIDA 33962
PHONE 8t3.775-6511
W,-91U?ROWE.PLS FAX 813.775.6465 MAILING ADDRESS:
'NNIS M.PORTELLA SR.PLS P.O.BOX 10065
NAPLES.FLORIDA 33941
JUNE 14, 1993
LEGAL DESCRIPTION
. That part t of the Northeast quarter(NE 1/4)of the Northwest quarter(NW 1/4)of Section 15,Township 47
South, Range 29 East,Collier County,Florida,more particularly described as follows:
Commencing at a spike marking the Northwest corner of said Section 15,run N 84°53'46' E along the
North line of said Section 15,a distance of 1353.89,feet to the Northwest corner of the Northeast quarter
(NE 1/4)of the Northwest quarter(NW 1/4)of said Section 15;thence S 04°1118'E along the West line
of the Northeast quarter(NE 1/4)of the Northwest quarter(NW 1/4)of said Section 15, a distance of
30.73 feet to the POINT OF BEGINNING of the parcel herein described;thence run N 85°2327'E for
274.95 feet;thence run S 03°46'59'E for 554.04 feet:thence run N 85°4911'E for 9.50 feet;thence run
S 03°46'59'E for 28.00 feet;thence run N 85°49'1.1'E 403.92 feet;thence run S 04°10'49'E 251.52 feet;
thence run S 86°24'59'W for 415.16 feet;thence run N 03°46'59'W for 267.39 feet;thence run
S 86°13'0t`W for 156.47 feet;thence run N 04°11'18'W for 31.62 feet;thence run S 35°39'38'W for
• 99.50 feet;thence run S 04°1118'E for 30.15 feet;thence run S 36°13'01'W for 15.00 feet to the West
line of the Northeast quarter(NE 1/4)of the Northwest quarter(NW 1/4)of said Section 15;thence
N 04°11'18'W,along the West line of the Northeast quarter(NE 1/4)of the Northwest quarter(NW 1/4)
of said Section 15,for a distance of 557.40 feet to the POINT OF BEGINNING.
Subject to easemnts and restrictions of record.
Containing 5.31 acres more or less.
%;;Dennis P rleiia, Sr.,PLS*4504
•
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SKETCH TO ACCOMPANY LEGAL DESCRIPT1ON
PRd'PAREV POR
COLUER COUNTY GOVERNMENT
NOT A BOUNDARY SURVEY OFFICE OF CAPITAL PROJECTS IJ
I PORTELLA-ROWS ASSOCIATES, INC. i
2384 LINWOOO AVE. NAPLES, F 33962 I'
1-= 100' RATS JUNE 14, 1995
Packet Page-1608- (813) 775_6511
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"EXHIBIT B"
11V: ':195
1
RESOLUTION 95-339
RESOLUTION APPROVING THE LEASE BETWEEN COLLIER
COUNTY AND THE STATE OF FLORIDA, DEPARTMENT OF
JUVENILE JUSTICE FOR A DRILL ACADEMY AND
AUTHORIZING THE CHAIRMAN TO EXECUTE THE SAME
WHEREAS, the State of Florida, Department of Juvenile
Justice desires to lease certain land upon which a Drill Academy
will be constructed;
WHEREAS, the lease shall be for a term of fifty years with
one fifteen-year renewal term;
WHEREAS, the Board is satisfied that such property is
required for a Drill Academy and is not needed for County
purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does approve the
attached Lease Agreement between Collier County and the State of
Florida, Department of Juvenile Justice.
2. The Chairman of the Board of County Commissioners of
Collier County is hereby authorized to execute the attached Lease
Agreement.
This Resolution adopted after motion, second and majority
vote.
DATED this a3r0(day of May , 1995.
AI) EST:
DWIGH',E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
COLLIER BOUNTY, FLORIDA
lsy.' ^`.f�" `f�trc�//� /��' . By ei ( • ' . f
BETTYE J. MATTHEWS, Chairman
Approved- as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
HFAJk3/9403
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Lease#790
FIRST AMENDMENT TO GROUND LEASE
IS IRST AMENDMENT TO GROUND LEASE entered into this /,,d day of
1998 at Naples, Collier County, Florida by and BETWEEN THE STATE OF
FLORIDA, DEPARTMENT OF JUVENILE JUSTICE, a State Agency, whose mailing address is 2737
Centerview Drive, Knight Building, Suite 304, Tallahassee, Florida 32399-3100, hereinafter referred to as
'LESSEE",and COLLIER COUNTY, a political subdivision of the State of Florida,whose mailing address
is 3301 East Tamiami Trail,Naples, Florida 34112,hereinafter referred to as"LESSOR".
WITNESSETH
WHEREAS,the LESSEE and LESSOR have previously entered into a Ground Lease dated May 23, 1995;
WHEREAS,the LESSEE and LESSOR are desirous of amending the Lease Agreement;and
NOW THEREFORE, in consideration of the covenants and agreements provided within the said Ground
Lease dated May 23, 1995 and Ten Dollars ($10.00) and other valuable consideration, the said Ground
Lease is hereby amended as follows:
1.Article 1 of the Ground Lease is hereby deleted in its entirety and the following provision is substituted in
its place:
ARTICLE 1. DEMISE OF LEASED LAND
1. 1 LESSOR,for and in consideration of the rents,covenants and conditions herein contained to
be kept, performed and observed by LESSEE. does lease and demise to LESSEE,and LESSEE does rent
and accept from LESSOR, the real property, referred to•as "Leased Land" described in Exhibit "A",
attached hereto and incorporated herein by reference.
1.2 LESSOR hereby represents and warrants that LESSOR is the owner in fee simple absolute
of the Leased Land subject to covenants, conditions, restrictions, easements and other matters of record.
A copy of the deed providing fee simple tittle to the LESSOR is attached along with a certified copy of a
current survey.
1.3 LESSOR covenants and agrees that LESSEE, on keeping the covenants, conditions and
terms of this Lease on LESSEE'S part to be kept and performed,shall lawfully and quietly hold,occupy and
enjoy the Leased Land during the term of the Lease without hindrance or molestation by LESSOR or any
person claiming under LESSOR.
1.4 LESSEE covenants and agrees to allow LESSOR seven (7) day, twenty-four (24) hour
access to LESSORS property located adjacent to the Leased Land through an existing roadway, described
in Exhibit "B", attached hereto and incorporated herein by reference. Said roadway shall be utilized for
purposes of access and the installation of any utilities necessary to serve the property owned by LESSOR.
Said utilities shall in no way interfere with LESSEE'S operation of the Leased Land,
2. Except as expressly provided herein, the Ground Lease between The State of Florida,
Department of Juvenile Justice and Collier County for the utilization of the Leased Land described in said
Ground Lease dated May 23, 1995 remains in full force and effect according to the terms and conditions
contained therein, and said terms a conditions are applicable hereto except as expressly provided
otherwise herein.
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•
IN WITNESS WHERE"— the LESSEE and LESSOR have ")ereto executed this First
Amendment to Ground Lease the da._.and year first above written.
AS TO THE LESSOR:
DATED: ��,/,/ BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT,E.,BROCK,Cierk
BY: S. ■%,.! [t. _
BA"'RA B.B 'RY, hair -n
•
Rpty.Clerk
Attest as to Chat man s
Sig i tore ally.
Approved as'to'formand
lealsuffrciency:
Nei•i'F.Ashton
'Assistant County Attorney
STATE OF
COUNTY OF
The foregoing First Amendment to Ground Lease was acknowledged before me this Q1. day of
/p,.; ( , 1958 by BARBARA B. BERRY,as Chairman,who is,,,peisonaliy known to me or
who has produced [type of identification]as identification.
(affix notarial seal) __ . . [.e-�•�-�
(Signature c otary Public)
`s CAROM SUE PllBGN
MY COMMON 1 CO elite ---
• ! mot poss.ace I (Print Name of Notary Public)
I • lamsdlaroiary Ran Uiinnin NOTARY PUBLIC
SeriaUCommission#:
My Commission Expires:
TO T �LE��SSEE:
DATED. / ter STATE OF FLORIDA
DEPART ENT OF JUVENILE JUSTICE
f•� 1 1 .
BY:
Witness(Signature)
DEPT. OFMJU�JUVENILE J TARY
JUSTICE
\40 An
(Print Namei)..
�/ ,J
Witness(Sign- ure)
(Print Name)
STATE OF 4Io2.ioA-
COUNTY OF L-ez
The foregoing First Amendment to�Ground Lease was acknowledged before me this /d- day of
(� , 19%' by Re c mob.'MA"i �„tio is personally known to me or who
has pr duced [type of identification)as identification.
(affix notarial seal) 11•=• ' c/ :.r , /.
(Signature of Notary Pub c) •
e,640 ajl h1 d-c. E�'
Doom G.Metcalf (Print Name of Notary Public)
,..� 1 WY tOMMAi5S10F}►'cce19Q7o e<P185 NOTARY PUBLIC
June 16,20n1
,meF*m Serial/Commission#:
eoroEZ me,me vow�auaux�.wt
My Commission Expires:
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EXHIBIT "A"
(Page 1 of 2)
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO..
PROJECT PARCEL NO.
TAX PARCEL NO.
LEGAL DESCRIPTION (NOT A SURVEY)
COMMENCING AT THE NORTHWEST CORNER OF SECTION 15,TOWNSHIP 47 SOUTH,
RANGE 29 EAST,COLLIER COUNTY,FLORIDA;THENCE NORTH 84 DEGREES 58 '
MINUTES 46 SECONDS EAST ALONG THE NORTH LINE OF SECTION 15,A DISTANCE
OF 1353.69 FEET;THENCE SOUTH 4 DEGREES 11 MINUTES 18 SECONDS EAST,A
DISTANCE OF 80.73 FEET;THENCE NORTH 85 DEGREES 23 MINUTES 27 SECONDS i
EAST,A DISTANCE OF 19.65 FEET TO THE POINT OF BEGINNING OF THE
CENTERLINE OF A FIF I FsEN(15')FOOT WIDE ACCESS EASEMENT;THENCE
ALONG THE CENTERLINE OF SAID H11-UN(15')FOOT WIDE EASEMENT THE
FOLLOWING EIGHT(8)COURSES SOUTH 10 DEGREES 40 MINUTES 08 SECONDS
EAST,A DISTANCE OF 27.69 FEET;THENCE SOUTH 6 DEGREES 40 MINUTES 20
SECONDS EAST,A DISTANCE OF 58.49 FEET,THENCE SOUTH 2 DEGREES 31
MINUTES 37 SECONDS EAST,A DISTANCE OF 98.84 FEET;THENCE SOUTH 3
DEGREES 21 MINUTES 45 SECONDS EAST,A DISTANCE OF 102.28 FEET;THENCE
SOUTH 6 DEGREES 20 MINUTES 13 SECONDS EAST,A DISTANCE OF 76.19 FEET;
THENCE SOUTH 0 DEGREES 59 MINUTES 24 SECONDS EAST,A DISTANCE OF 46.74
FEET;THENCE SOUTH 9 DEGREES 05 MINUTES 40 SECONDS WEST,A DISTANCE OF
59.71 FEE1;THENCE SOUTH 4 DEGREES 11 MINUTES 18 SECONDS EAST,A
DISTANCE OF 89.67 FEET TO THE POINT OF TERMINATION.
BASIS OF BEARINGS IS THE NORTH LINE OF SECTION 15 BEING NORTH B4 DEGREES
58 MINUTES 46 SECONDS EAST.
PARCEL IMTWR
DATE: 3//6/deg
GEM E R. RICHMOND
PROFESSIONAL LAND SURVEYOR #2406
OFFICE OF CAPITAL PROJECTS
;OVERNMENT COMPLEX
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•. EXHIBIT "A" ~
(Page 2 of 2)
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
SKETCH OF DESCRIPTION
Cl''
TP.D.C.N,W. CORNER
SEC. 15, TWP. 47 S.,
REG. 29 E. _.- -_
N.85•58'46'E. --- -----19.65'
1353.69' ROB, STOCKADE ROAD
S.04'11'18'E
80.73' INy,65'2..varE, 274.95'
S.10'40'08'E.
\--15' 27.69'
S,06'40'20'E.
1--7.5' 58.49'
' C. 15' EASEMENT
i ':a-
7.5 1 o
S.02'31'37'E. <
o ; 98.84' in
S.03'21'45'E. w
tn N 102.28' ON
i in
3 j S.06`20'13'E. c
Co ; 76,19' o
i N
✓• i S.00'59'24'E.
z i 46.74'
S.09'05`40'W.
s..
1 1 59,71'
N.85`49'11'E.
1 S.04'11'18'E. 9.50'
i 89.67' N,04'11'18'W. S.03'46'59'E,
7,50' 30.15' 28.00'
99.50' 156.47'
WEST LINE OF THE - 7.50' 5.86'13'01'W. N,85' 9'1I`E.
N.E. 1/4 OF THE N.W. 403,92'
1/4 OF SEC. 15, TWP, S.04'll'18'E.
47 S., ROE, 29 E. 30.15'
5.86'13`01'W. 3
15.00'
O.
ON-c,La
GENERAL NOTES P.❑.T. �c,
1) P.D.G. indicates Point of Commencement
2) P.D.B. indicates Point of Beginning it%X) NY
3) Sec, indicates Section °-
4> Twp. Indicates Township Z
5) Rge. Indicates Range
6) R/W indicates Right-of-way
7) All distances are in feet and decimals thereof
8) Basis of bearings is the North tine of 5.86'24'59'W,
Section 15 being N.85'58'46'E. 415,16'
9) Not valid unless signed and sealed with the embossed
seat of the professional land surveyor
THIS IS ONLY A SKETCH
DRAWN&Y: CHECKED BY; SCALE DATE: I FILE NO.: — s
,
L.M.R.
NOT T❑� -IMTWR SHEET 2 OF 2
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"EXHIBIT C"
The description of improvements/buildings owned by the Department of Juvenile Justice, State of Florida
and contained under this sublease agreement are as follows:
Building Number: B068
Property Number: BB-000176
Building Name: Main
Square Footage: 8,921
Construction Date: 1996
Building Number: E724
Property Number: 15-000701
Building Name: Classroom
Square Footage: 843
Construction Date: 2007
Building Number: E429
Property Number: 30-00173
Building Name: Shed
Square Footage: 160
Construction Date: 1998
Building Number: F491
Property Number: 15-003535
Building Name: Gazebo
Square Footage: 2,000
Construction Date: 2007
•
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