Backup Documents 05/14/2013 Item #16E 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL
TO TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO j� E5
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
* *NEW ** ROUTING SLIP
Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's signature draw a line thrnnoh rn„ti— 1;- 81 .1,�,...,.,. N
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Route to Addressee(s) (List in routing order)
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Office
forward to the county
Initials
Attorney Office.
Date
1.
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Agenda Item Number
Applicable)
2.
Number of Original
3. County Attorney Office
County Attorney Office
tt
PO number or account
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
4. BCC Office
Board of County
rctw,,b�
to be recorded
Commissioners
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5. Minutes and Records
Clerk of Court's Office
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rKlIVIAIK C ON FACT INFORMATION
Normally the primary contact is the person who created /prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above, may need to contact staff fnr widitinnai — -;
Name of Primary Staff
Contact / Department
Phone Number
Agenda Date Item was
Approved by the BCC
7 `' - - `
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Agenda Item Number
Applicable)
Type of Document
Number of Original
Attached
(_fir <� ��— ,an 7
Documents Attached
PO number or account
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
number if document is
Original document has been signed/initialed for legal sufficiency. (All documents to be
to be recorded
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by
INSTRU TIONIq Ar C1jVPW1 rcrr
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.:4.05; Revised 11/30/12
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
1.
appropriate.
Does the document require the chairman's original signature?
(Initial)
Applicable)
2.
Does the document need to be sent to another agency for additional signatures? If yes,
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by
the Office of the County Attorney.
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4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable.
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6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
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7.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding o Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aw r f your deadlines!
8.
The document was approved by the BCC on 3 Lf (enter date) and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for e
Chairman's
;
signature.
1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.:4.05; Revised 11/30/12
16E5
MEMORANDUM
Date: May 31, 2013
To: Michael Dowling, Property Management Specialist
Facilities Management Department
From: Teresa Cannon, Deputy Clerk
Minutes & Records Department
Re: Lease and License Agreement w /East Naples United Methodist Church
Attached for your records is an original of the agreement referenced above, (Item #16E5)
approved by the Board of County Commissioners on May 14, 2013.
If you have any questions, please contact me at 252 -8411.
Thank you.
Attachments
16E5
LEASE AND LICENSE AGREEMENT
THIS LEASE AND LICENSE AGREEMENT (hereinafter the "LEASE ") entered into this
day of rn f-) y, 2013, between East Naples United Methodist Church, a Florida Non Profit
Corporation, whose mailing address is 2701 Airport Road South, Naples, Florida 34112, hereinafter
referred to as "LESSOR ", and Collier County, a political subdivision of the State of Florida, whose
mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE ".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration,
the parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property
described in Exhibit "A" which is attached and made a part of this Lease, hereinafter referred to as the
"Demised Premises ", for the sole purpose of utilizing a motor vehicle parking area.
Through this LEASE, LESSOR hereby grants LESSEE a bare license for the use of an
additional parking area hereinafter referred to as the "Shared Area" and further described in Exhibit
"A" for additional motor vehicle parking. Additional information is set out regarding the bare license
in Article 2 of this LEASE.
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 contrary to law or the rules or regulations of
any public authority.
This LEASE AND LICENSE AGREEMENT supersedes and replaces the Lease Agreement
between the parties dated December 3, 2011.
ARTICLE 2. Bare License
LESSOR grants to LESSEE a bare license whereby LESSEE may use the Shared Area
designated in Exhibit "A" for additional motor vehicle parking during the LESSEE'S daytime business
hours, which is from 7:30 A.M. through 5:30 P.M., Monday through Friday, and during any other
times deemed necessary by LESSEE.
LESSOR reserves preemptive rights to utilize these parking areas during daytime business
hours for its parking use, and shall not be required to inform LESSEE in advance of its need for this
Shared Area. LESSOR may contact LESSEE of its intention to utilize the parking area by any form of
communication, or LESSOR may elect to place traffic cones or other appropriate means to restrict
parking for LESSOR'S use of the Shared Areas on a particular day or at all other times LESSOR needs
use of the Shared Area.
LESSEE shall not be responsible for the physical condition of the Shared Area, nor any costs
associated with repair or maintenance thereof. LESSEE covenants and agrees not to use, occupy,
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suffer or permit said Shared Area or any part thereof to be used or occupied for any purpose contrary
to law or the rules or regulations of any public authority.
All other terms of this LEASE not otherwise specified in Article 2 apply to the bare license.
ARTICLE 3. Term of Lease
LESSEE shall hold the Demised Premises and have access to the Shared Area for a term of one
(1) year, commencing on February 1, 2013 and ending January 31, 2014.
Following the initial term of one year commencing February 1, 2013 and ending January 31,
2014, the one year lease term will automatically renew yearly unless either party provides notice of
termination according to the termination provision herein.
LESSOR and LESSEE may modify the terms of this agreement so long as such modification is
in writing and signed by both parties.
LESSOR and LESSEE, however, both reserve the right to terminate this Lease, with or without
cause, upon thirty (30) days prior written notice of such termination at the addresses set forth in
ARTICLE 13 of this Lease. Said notice shall be effective upon actual receipt by the non - terminating
party.
ARTICLE 4. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of
Three Thousand Dollars and 00 /100 Cents ($3,000.00) per annum to be paid in full within fourteen
(14) days from the commencement date of this LEASE and annually thereafter upon the anniversary
date of this LEASE.
Upon the occurrence of the automatic renewal provision in ARTICLE 3, the rental amount will
increase by five percent (5 %) and the amount shall be compounded for each year thereafter. For
example, year one's lease amount is $3,000. Year two's lease amount will increase by five percent
(5 %) and shall be $3,150. Year three's lease amount will increase five percent (5 %) from year two's
lease amount and shall be $3,307.50, and so on and so forth until such a time as either party chooses to
terminate this lease according to the provisions set forth in ARTICLE 3. Should the operating
expenses exceed this five percent (5 %) increase provision, both parties have the right to renegotiate the
renewal rental amount of the lease according to the modification clause in ARTICLE 3.
If LESSOR or LESSEE should terminate this Lease prior to the termination date or prior to any
renewals thereto, as provided for in Article 3, the pre -paid annual rent shall be returned to the LESSEE
based on LESSEE'S unused, pro -rata share of rent, and shall be returned by LESSOR within thirty
days from the early termination date thereof.
ARTICLE 5. Obligations of the Parties
LESSOR reserves the rights of its invitees, visitors, and /or employees during those times when
LESSEE is not utilizing the Demised Premises, more specifically, but not limited to, weekends,
16E5
weekday evenings, and when needed for church services and /or any other church activity /function.
LESSOR SHALL HAVE EXCLUSIVE USE OF THE SHARED AREA ON SUNDAYS.
LESSEE expressly agrees for itself, its successor and assigns, 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.
ARTICLE 6. 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 prior 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
sixty (60) 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 sixty (60)
days there has been no written rejection delivered by LESSOR to LESSEE regarding said proposals or
plans, then such silence shall be deemed as an APPROVAL to such request of LESSEE.
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 then and future applicable
laws, ordinances, rules, regulation, and requirements of the United States of America, State of Florida,
County of Collier, and any and all governmental agencies having jurisdiction over the Demised
Premises.
All alterations, improvements, and additions to said 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 renewal term thereof, or within thirty (30) days thereafter,
if LESSOR so directs, LESSEE shall promptly remove all such additions, improvements, alterations,
fixtures and installations which were placed in, on or upon the Demised Premises by or on behalf of
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 complete said removals and repairs at
LESSEE'S expense.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right
without any notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all
hours for the purpose of examining same and making repairs or janitorial service therein, and for the
purposes of inspection for compliance with provisions of this LEASE.
ARTICLE 8. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any other persons, other than another County agency, to occupy same
without the prior expressed written consent of LESSOR. Any such assignment or subletting, even with
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the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums
herein provided or from the obligation to keep and be bound by the terms, conditions and covenants 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 assignment of this Lease or subletting of the
Demised Premises.
ARTICLE 9. Indemnity and Insurance
The LESSEE will, at all times, carry comprehensive general liability insurance in an amount not less
than the sum of One Million Dollars and 00 /100 Cents ($1,000,000.00). The cost of all such premiums
on all such policies shall be paid and borne by the LESSEE. The LESSOR'S name and address must
be specifically listed as an "Additional Insured."
LESSEE agrees to indemnify and hold harmless LESSOR and its officers, employees, agents or
instrumentalities (the indemnified parties), from any and all claims, liabilities, demands, suits, causes
of actions or proceedings of any kind or nature, losses or damages including attorneys' fees and costs
of defense, which the indemnified parties may incur arising out of the negligence, error, omission,
intentional acts, or other cause arising out of or resulting from the use of the Demised Premises and
Shared Area by the LESSEE, its employees or others affiliated or associated with the LESSEE.
The LESSEE shall pay claims and losses in connection with the all of the foregoing and shall
investigate and defend all claims, suits, or actions of any kind or nature, including appellate
proceedings in the name of the applicable indemnified party, and shall pay all costs and, judgments and
attorney's fees which may issue thereon.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If
said Demised Premises are not kept clean in the 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 the same to be cleaned and corrected and LESSEE shall assume and pay all necessary
cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within
thirty (30) days of receipt of written notice of costs incurred by LESSOR.
The payment of the utilities, such as water and electric, are the responsibility of the LESSOR.
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default and LESSOR may, at LESSOR'S option, terminate this Lease after thirty (30) days written
notice to LESSEE, unless the default is cured within that notice period (or such additional time as is
reasonably required to correct such default).
ARTICLE 12. 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 ninety (90)
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16E5
days (or such additional time as is reasonably required to correct such default) after written notice from
LESSEE to LESSOR properly specifying wherein LESSOR has failed to perform any such obligations.
The failure of either party to insist upon strict adherence to any single term of this LEASE on
one or more occasions shall not be considered a waiver or deprive that party of the right thereafter to
insist upon strict adherence to that term or any other term of this lease.
ARTICLE 13. 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:
LESSEE:
Board of County Commissioners
c/o Real Property Mgmt. Dept.
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
cc: Office of the County Attorney
ARTICLE 14. Surrender of Premises
LESSOR:
East Naples United Methodist Church
Attention: Chairman, Board of Trustees
2701 Airport Road South
Naples, FL 34112
LESSEE covenants and agrees to deliver up and surrender 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 at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE
during the continuance thereof, excepting ordinary wear and tear.
ARTICLE 15. Radon 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 Department.
ARTICLE 16. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 17. Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
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ARTICLE 18. Severability
If any provision of this LEASE is determined invalid, unenforceable, or illegal for any reason, the
remainder of this LEASE shall remain in full force and effect, and if any provision is inapplicable to any
person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DATED: } %t
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BIROUX;CLERK COLLIER COUNTZYF ORI DA
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AS TO THE LESSOR:
DATED: O 10tz /0-w I
ATTEST:
cjzn
CqWporate Secretary
(CORPORATE SEAL)
form
and
Jeffrey
County
EAST NAPLES UNITED METHODIST CHURCH
BY:
Tom McEfroy
Chairman of the Board of Trustees
Item #
Agenda
Date
Date 3�
Rec Q
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16E5
Exhibit `A'
Aerial of 2701 Airport Road South, Naples, Florida 34112
DEMISED PREMISES
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