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Agenda 02/14/2012 Item #16D32/14/2012 Item 16.D.3. EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to Lease Agreement with the United States Department of Agriculture Natural Resources Conservation Service for the continued use of county -owned office space at the Collier County Agriculture Center for a first year revenue of $21,199. OBJECTIVE: The current Lease Agreement with the United States Department of Agriculture Natural Resources Conversation Service (USDA) is scheduled to expire on February 28, 2012, and requires renewal for continued use of office space at the Collier County Agriculture Center. CONSIDERATIONS: Since 1992, the USDA has utilized approximately 1,100 square feet of office space at the County -owned Agriculture Center located at 14700 Immokalee Road. The initial lease, signed in 1992, provided for a five (5) year term with one additional term of five (5) years expiring in 2002. The First Amendment then provided for a five (5) year renewal term with one additional five (5) year extension. At this time, both parties are agreeable to amending the lease term for an additional five (5) years with a five (5) year extension. The annual rent for the 2012/2013 lease year shall be $21,199.28. The rent will be increased each year by four (4) percent from the previous year's rent. Since the inception of the Lease, the County has provided utilities to the leased office space. The tenant will remain responsible to pay all costs associated with phone lines, equipment and monthly phone service fees. Other than the extended term and annual rent noted in the Amendment, all other terms and conditions in the original Lease Agreement dated February 25, 1992, and the First Amendment dated January 5, 2002, shall remain in full force. FISCAL IMPACT: The annual rent of $21,199.28, which shall be paid in equal monthly installments, shall be deposited into General Fund (001), Agriculture Administration, Lease Facilities. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: The attached Second Amendment to Lease Agreement has been reviewed by the County Attorney, is legally sufficient, and requires majority vote for approval. —JAK RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to execute the attached Second Amendment to Lease Agreement with USDA. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department Packet Page -1619- 2/14/2012 Item 16.D.3. COLLIER COUNTY Board of county commissioners Item Number: 16.D.3. Item Summary: Recommendation to approve a Second Amendment to Lease Agreement with the United States Department of Agriculture Natural Resources Conservation Service for the continued use of county -owned office space at the Collier County Agriculture Center for a first year revenue of $21,199.28. Meeting Date: 2/14/2012 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities 1/4/2012 11:53:36 AM Submitted by Title: Property Management Specialist, Senior,Facilities Name: DowlingMichael 1/4/2012 11:53:38 AM Approved By Name: SmithKristen Title: Administrative Secretary,Risk Management Date: 1/5/2012 9:50:45 AM Name: CampSkip Title: Director - Facilities Management,Facilities Manage Date: 1/5/2012 11:08:32 AM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 1/9/2012 11:46:02 AM Name: HalmanRobert Title: Director - University Extension Services,University Extension Services Date: 1/13/2012 10:40:18 AM Packet Page -1620- Name: KlatzkowJeff Title: County Attorney, Date: 1/13/2012 2:53:06 PM Name: RamseyMarla Title: Administrator, Public Services Date: 1/31/2012 11:37:14 AM Name: FinnEd Date: 2/1/2012 11:02:51 AM Name: KlatzkowJeff Title: County Attorney, Date: 2/6/2012 3:04:31 PM Name: OchsLeo Title: County Manager Date: 2/6/2012 3:51:29 PM Packet Page -1621- 2/14/2012 Item 16.D.3. 2/14/2012 Item 16.D.3. Lease 4759 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this day of 2012 at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSOR" and UNITED STATES DEPARTMENT OF AGRICULTURE — NATURAL RESOURCES CONSERVATION SERVICE, hereinafter referred to as "LESSEE ". WITNESSET.H WHEREAS, the Board of County Commissioners of Collier County, Florida and United States Department of Agriculture Soil Conservation Service, now known as United States Department of Agriculture — Natural Resources Conservation Service, have previously entered into a Lease Agreement dated February 25, 1992, and a First Amendment to License Agreement dated January 5, 2002; and WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement dated February 25, 1992, and the First Amendment to License Agreement, collectively hereafter referred to as `Lease Agreement,' and Ten Dollars ($10:00) and other valuable consideration, said Lease Agreement is hereby amended as follows: L The following provision shall be added to Article 1 of the Lease Agreement: The Lease is hereby extended until the last day of February 2017, and shall automatically renew for one (1) additional tern of five (5) years, provided LESSEE is not in default of any of the terms of this Lease. The annual rent for the first year of the renewal term, commencing as of March 1, 2012, shall be $21,199.28 and shall be paid in equal monthly installments. The annual rent following the first year shall be increased by four percent annually, compounded, for each year throughout: the life of the Lease Agreement. 2. Except as expressly provided herein, the Lease Agreement between Collier County and United States Department of Agriculture Soil Conservation Service, now known as United States Department of Agriculture — Natural Resources Conservation Service, dated February 25, 1992 and the First Amendment to License Agreement remain in full force and effect according to the terns 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 Second Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk. AS TO THE LESSEE: DATED: Witness (Signature) (Print Name) Witness (Signature) (Print Name) sufficiency: Jeffrey AVKViow, County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: Fred W. Coyle Chairman UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE BY: Real Property Leasing Officer United States Department of Agriculture Packet Page -1622- 2/14/2012 Item 16.D.3. RESOLUTION NO. 92 -143 RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE A LEASE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF AGRICULTURE - SOIL CONSERVATION SERVICE AND COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, WHICH PROVIDES FOR A SOIL CONSERVATION SERVICE OFFICE ON THE PREMISES OF THE COLLIER COUNTY AGRICULTURE CENTER. WHEREAS, On February 7, 1989, Item #9(C)(2), the Board of County Commissioners unanimously approved to conceptually approve the inclusion of the United States Department of Agriculture - Soil Conservation Service (USDA -SCS) at the Collier County Agriculture Center; and WHEREAS, the staff is satisfied that the approximate 1100 square feet of the Agriculture Center to be utilized by USDA -SCS is not needed for County purposes in the near future; and WHEREAS, the staff has prepared a Lease Agreement with USDA -SCS for a five (5) year term; and WHEREAS, USDA -SCS is granted the option to renew the Lease Agreement for one (1) additional term of five (5) years; and WHEREAS, the Lease Agreement has been reviewed by the County Attorney's Office and the County Risk Management Department; and WHEREAS, Section 125.38, Florida Statutes, provides that the Board of County Commissioners may lease property if the Board is satisfied that such property is required for such use and is not needed for County purposes. Advertising of said lease property shall not be required. NOW,, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA that the Lease Agreement attached hereto and incorporated herein as Exhibit "I" be approved and executed. This Resolution adopted after motion, second and majority vote. DATED:' 2/25/92.'�" ATTEST ' JAMES C..,GILE5, Clerk Approved as to form and legal sufficiency: nnis P. Cr nin Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 2/2 MICHAEL J, V`OLPE, Chairman Packet Page -1623- 2/14/2012 Item 16.D.3. >' LEASE AGREEMENT THIS LEASE AGREEMENT is entered into this 25th day of February , 1992 , between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "LESSOR" and UNITED STATES DEPARTMENT OF AGRICULTURE - SOIL CONSERVATION SERVICE, hereinafter referred to as "LESSEE ", sets forth the terms and conditions for utilization of office space located at the Agriculture Center, 14700 Immokalee Road, Immokalee, Florida, (Collier County Fairground Site). W I T N E S S E T H ARTICLE 1. Demised Premises In consideration of the payment of rents and the performance of the covenants hereinafter set forth, LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR office space located at Agriculture Center, 14700 Immokalee Road, Immokalee, Florida, (Collier County Fairground Site), and which is more particularly depicted on the attached Exhibit A, hereinafter called the "Demised Premises ", for the sole purpose of operating an office. ARTICLE 2. Term of Lease To have and to hold for a term of five (5) years, commencing on March 1, 1992, and terminating on February 28, 1997. LESSEE is granted the option, provided it is not in default of any of the terms of this lease, to renew same for one (1) additional term of five (5) years, under the same terms and conditions, except as to the rental amount, as provided herein, by giving written notice, registered or certified mail, postage prepaid, of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. The rental amounts shall be negotiated by the parties to this Lease, prior to the commencement of the renewal term provided for herein. LESSOR and LESSEE may terminate this Lease upon ninety (90) days prior written notice to the other party to this Lease. Said notice shall be sent to the other party's address, as set forth in this Lease, and shall commence upon the placement of notice in the U.S. Mail, registered or certified mail, postage prepaid. LESSOR reserves the right to approve or disapprove of LESSEE'S termination of this Lease as provided for herein. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of $11,588.50 per annum'in equal monthly installments of $965.71 each, all in arrears on the first day of every calendar month during the term hereof. If the terms of this Lease commence or end on a day other than the first day of the month, LESSEE shall pay rent equal to one thirtieth (1 /30th) of the monthly rent multiplied by the number of rental days of such fractional month. ARTICLE 4. Rent Adjustments The rent set forth in Article 3 shall be increased for the ensuing one year terms in the same proportion that the Consumer Price index for Urban Wage Earners and Clerical Workers - United States City Average, all Item- Series A (1967=100), United States Department of Labor had increased for the preceding year. However, in no event shall the annual minimum rent be less than $11,588.50 nor shall any yearly increase be greater than 10 %. In the event that the Consumer Price 'Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. -1- Packet Page -1624- ARTICLE 5. Lessee's Default in Payment 2/14/2012 Item 16.D.3. In the event LESSEE fails to pay the rentals, fees, or charges as required to be paid under the provisions of this Lease, such failure to pay shall constitute a default and LESSOR may, at its option, terminate this Lease after sixty (60) days written notice to LESSEE, unless the default be cured within the notice period. ARTICLE 6. Services and Utilities Electricity, air conditioning, heating, garbage collection, restroom facilities and janitorial services shall be provided to LESSEE by LESSOR. LESSEE will be responsible for having their own phone installed and shall be billed directly by the telephone company for monthly service. LESSEE shall be responsible for the direct payment to the appropriate companies for all other services and utilities supplied to the Demised Premises. ARTICLE 7. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request of LESSEE. If upon obtaining written consent and commencing said changes, alterations, additions, or improvements, LESSEE fails to complete its work within the completion time as approved by LESSOR, LESSOR may at its election complete said changes, improvements, alterations, or additions. If any costs are incurred by LESSOR as the result of LESSEE'S failure to begin, start or complete the proposed project and by LESSOR'S completion of the Proposed project, then upon demand and within thirty (30) days of the demand, LESSEE shall pay to LESSOR the amount of cost incurred by LESSOR. No election to perform by LESSOR shall constitute waiver of any covenant or obligation of LESSEE or any future default. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all present and future laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements, and additions to said Demised Premises shall be made in accordance with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR and shall remain for the benefit of LESSOR at the end of the terms or other expiration or termination of this Lease in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within thirty (30) days thereafter LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may effect said removals and repairs at LESSEE'S expense. Upon commencement of the term of this Lease, LESSEE shall operate an office as described above on the whole of the Demised Premises in a businesslike and reputable manner. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose other than described above. CFM Packet Page -1625- 2/14/2012 Item 16.D.3. ARTICLE 8. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of making such repairs or janitorial service provided therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 9. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises. ARTICLE 10. Appearance of Demised Premises LESSEE shall keep the Demised Premises in a neat and orderly manner at all times. If said Demised Premises are not kept neat and orderly in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. if corrective action is not taker, within five (5) days of the receipt of such notice, LESSOR will cause the same to be corrected and LESSEE shall assume and pay all necessary costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 11. Insurance LESSEE shall provide and maintain through its self insured (funded) program bodily injury liability coverage and property damage liability coverage, approved by the Collier County Risk Management Department, for not less than that required under Florida Statute 768.28 during the term of this Lease. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of one Hundred Thousand Dollars and No /100 Cents ($100,000.00) each accident. Such insurance policy(ies), excluding Workers' Compensation shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department for approval prior to the commencement of this Lease, and shall include a provision requiring ten (10) days prior written notice to Collier County c/o County Risk Management Department, 3301 E. Tamiami Trail, Building "F ", Naples, Florida 33962- 4977, in the event of cancellation -or changes in coverage. ARTICLE 12. indemnity LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this Lease, agrees to hold harmless and defend Collier County, the Board of County Commissioners of Collier County, Florida, and their agents and employees, from any claims, assertions, or cause of action for any loss,, injury, or damage to persons or property arising from or associated with LESSEE'S activities or use of the Demised Premises. LESSEE further agrees to indemnify Collier County and the Board of County Commissioners of Collier County for any costs, expenses, or fees arising from any claims or cause of action for 'loss, injury, or damage to persons or property arising from or associated with LESSEE'S activities or use of the Demised Premises. LESSEE hereby acknowledges that the consideration called for in this Lease has been reduced by Ten Dollars ($10.00) and is hereby considered by LESSEE as payment of this obligation by the LESSOR. -3- Packet Page -1626- ARTICLE 13. Defaults by Lessee 2/14/2012 Item 16.D.3. Failure of LESSEE to comply with any provision Or covenant of this Lease shall constitute a default, and except as provided for in Article 5 above, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 14. 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 _notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 15. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners United States Department of Real Property Mgmt. Dept. Agriculture - Soil Conservation 3301 E. Tamiami Trail, Bldg. "F" Service Naples, Florida 33962 Collier County Agriculture Center 14700 Immokalee Road Immokalee, Florida 33934 LESSEE may contact LESSOR'S Facilities Management Department to communicate on items pertaining to the maintenance and repair of the Demised Premises with a copy to the LESSOR'S Real Property Management Department, 3301 Tamiami Trail East, Naples, Florida 33962. ARTICLE 16. Surrender of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises and any improvements to the Demised Premises upon expiration of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 17. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by enforcement agencies for the above referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE shall not obtain said special security measures without the LESSOR'S written consent. LESSEE expressly agrees to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. -4- Packet Page -1627- 2/14/2012 Item 16.D.3. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. :ARTICLE 18. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state,' local or common law relating to pollution or protection of the environment. Article 19. Radom Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 20. Additional Terms and Conditions The parties acknowledge and agree that attached to this Agreement as Exhibit "B" is the U.S. Government Lease for Real Property (no. 57- 42- 0 -2 -8) dated January 22, 1992, which provides additional terms and conditions for the respective parties. In the event that there is any contradiction or inconsistency between this Agreement and Exhibit "B ", this Agreement shall supersede all provisions contained in Exhibit "B ". ARTICLE 21. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. -5- Packet Page -1628- 'S:C Packet Page -1629- 2/14/2012 Item 16.D.3. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: LESSOR: DATED: 2/225/92 ATTEST:.,,:,.:,.'.. BOARD OF COUNTY COMMISSIONERS JAMES: GILES;,Clerk COLLIER COUNTY,, FLORIDA BS'i BY: f.wa. l t „( 2/25/92 MICHAEL J. VOLPE, Chairman AS TO LESSEE: LESSEE: DATED: ,)— !a -q Z-- UNITED STATES DEPARTMENT OF AGRICULTURE - SOIL CONSERVATION SERVICE WITNESS 1' �ftZE4�Zl�'� H. 1 Yia�C.7�iL BY:GUa` (Print Nam of Witness) or ITNE 1 (Print ame of Witness) Approved as to form and legal sufficiency: D n P.. C onin Assistant County Attorney 'S:C Packet Page -1629- i e Y I •.I. EXHIBIT „A„ 2/14/2012 Item 16.D.3. AGRICULTURE CENTER ' (Collier County Fairground Site) Packet Page -1630- t� I I t ' i 2/14/2012 Item 16.D.3. Lease #759 FIRST AMENDMENT TO LICENSE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of CO .r �-4 "'f 2002 at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR" and UNITED STATES DEPARTMENT OF AGRICULTURE — NATURAL RESOURCES CONSERVATION SERVICE, hereinafter referred to as 'LESSEE ". WITNESSETH WHEREAS, the Board of County Commissioners of Collier County, Florida and United States Department of Agriculture — Soil Conservation Service, now known as United States Department of Agriculture — Natural Resources Conservation Service, have previously entered into a -Lease Agreement dated February 25, 1992; WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; and NOW THEREFORE,, in consideration of the covenants and agreements provided within said Lease Agreement dated February 25, 1992, 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 1 of the Lease Agreement: This Lease is hereby extended until the last day of February 2007, and shall automatically renew for one (1) additional term of five (5) years, provided LESSEE is not in default of any of the terms of this Lease. The annual rent, commencing as of March 1, 2002 shall be $13,902.45. 2. Article 4, Rent Adjustments, contained in the Lease Agreement shall be deleted in its entirety and replaced with the following provision: Beginning on the first day of the sixth lease year, and continuing to the last day of the tenth lease year, the rent shall be $16,817.24, which shall be paid in equal monthly installments of $1,401.44. 3. Except as expressly provided herein, the Lease Agreement between Collier County and United States Department of Agriculture — Soil Conservation Service, now known as United States Department of Agriculture — Natural Resources Conservation Service, dated February 25, 1992 remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: ATTE$ t . DWIGHT'E. BROCK,&rk BY'-,! tactn� `y bC Dpputy Clerk.',.,-' . �i�a1!titr �pp��11yy AS tT'O THE LE &E: DATED: - / ip I h a 4t%' ess (Signatur (Print Name) Witness (Signature) _6i2r'1 k - ff�nc�rtc%; (Print Name) Approved as to for and egal sufficiency: 1ti Thom4 C. Palmer, ssistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: JA. C a an It15 /Ce UNITED STATES DEPARTMENT OF AGRICULTURE — NATURAL RESOURCES CONSERVATION SERVICE BY:' ANGE13CA M. MILLER Real Property Leasing Officer United States Department of Agriculture State of�.. a- County of On this of befo me personally a peered tome ltriOwn to be the person who executed the foregoing instrument, and acknowledged that he executed the same ap his free a and deed. SEAL (signed) N taw - Public BEVERLY JAMERSON MY COas ION * CC 903675 EX: Feb 12,20N 14011"orArlr w. s a 6ondm g co. Packet Page -1631-