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Backup Documents 09/10/2013 Item #16E10 DOCUMENTS CHECKLIST & ROUTING SLIP1 ', ORIGINAL OC TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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 through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office -.-7 .`"t\\4.- 4. BCC Office Board of County QA-031 Commissioners - `5/ c \k31L3 5. Minutes and Records Clerk of Court's Office ►' 1((qi PRIMARY CONTACT 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 for additional or missing information. Name of Primary Staff (\N - , 6 ( ' ko Phone Number -7 t /3 Contact/ Department l i\■ �` Agenda Date Item was Agenda Item Number jj Approved by the BCC 9 • / 3 ` to E I d — Type of Document Number of Original Attached j/j .� Documents Attached _ PO number or account number if document is / to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) plicable) 1. Does the document require the chairman's original signature? r 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. /f d 3. Original document has been signed/initialed for legal sufficiency. (All documents to be V signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 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. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. f 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's � ✓ signature and initials are required. �`` 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 to Tallahassee within a certain time frame or the BCC's actions are nullified. Be ware of your deadlines! 8. The document was approved by the BCC on l i t0 (enter date)and all changes made t., ' of during the meeting have been incorporated in he attached document. The County PA s Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the w1 i : ., : BCC,all changes directed by the BCC have been made,and the document is ready for the ' •A's s: Chairman's signature. s efi &<- 1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E10 MEMORANDUM Date: September 16, 2013 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Boards Minutes & Records Department Re: State of Florida, Department of Juvenile Justice Sublease Agreement Attached for further processing are two (2) original documents referenced above (Item #16E10), approved by the Board of County Commissioners on Tuesday, September 10, 2013. After forwarding on for signature, please return a fully executed copy to the Minutes & Records Department for the Board's Official Record. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16E10 701, "• Memorandum r, f(ORP -01 INA To: Martha Vergara Clerk to the Boar From: Michael Do ,4 Senior Property M. ag-ment Specialist Real Property Man. -ment Date: October 8, 2013 Subject: Sublease with State of Florida Juvenile Justice Attached please find, for your records, an original copy of the fully executed Sublease Agreement that was approved by BCC on September 10, 2013 under item 16 E 10. Please contact me at extension 8743 with any questions. Thank you. Attachment as stated plOfllq� 16E10 pFJ hVE A m ** STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE SUBLEASE AGREEMENT Sublease Number C-0011-1 THIS SUBLEASE AGREEMENT ("Sublease") is made and entered into this /O-r—day of , 2013, between the STATE OF FLORIDA DEPARTMENT OF JUVENILE JU TICE 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". WITNESSETH: In consideration of the covenants and conditions set forth herein SUBLESSOR subleases the below described premises to SUBLESSEE on the following terms and conditions: 1. 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 (I) 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. PAGE 1 OF 7 Sublease No. C-0011-1 16E1GI1 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 be 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. Page 2 of 6 Pages Sublease No. C-0011-1 16E101 0 1 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 be 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, SUBLESSEE 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. 21. 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 be continuous until this Sublease expires or is terminated. This Sublease may be 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 be 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 Juvenile 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 Page 3 of 6 Pages Sublease No. C-0011-1 to , Chapters 376 and 403, Florida Statutes, and the rules promulgated thereunder, all as amended or updated 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 SUBLESSEE'S 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 SUBLESSOR'S 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 be 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, bay, 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 be 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. Page 4 of 6 Pages Sublease No. C-0011-1 16E1O1 t" 30. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this Sublease shall be 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 be 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$10,000 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 be made in writing and signed by both parties. Page 5 of 6 Pages Sublease No. C-0011-1 16E10 . Witnesses as to: SUBLESSOR SUBLESSOR: State of Florida De s artment of Juvenile Ju tice 1 ine.Li , ,. ..il By: ...4 � Mei� ire-e ' � y ate: 117/;//3 STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this 3 day ofoc -. , 2013, by (y.,chQle.. L 4), ash,cec_fiw , who is personally know to me or who has produced as identification. •Ze_har y, Iotary Public (Seal/Stamp) (Sign jture) 0* JERI B.RICHARDSON 440..1ACtAS04l .: :. Commission#FF 029381 (Name of Notary,typed/printed) .�- Expires March 4,2017 1. . Bonded Thru Troy Fern Insurance 900.39$.1019 Commission Number: g OglaS-1 Commission Expires: rim-en U a?11 AS TO THE SUBLESSEE: DATED: q / O. /3 BOARD OF COUNTY COMMISSIONERS, ATTEST: .;4,:' COLLIER UNTY, FLORIDA DWIGHTE:.BROCK, Cierk BY / '-a j 1, - BY Deputy Clerk GEOR�rl� Al ji, ESQ., Chairwoman Attest as to Chairman's'' signature only, Approved as to form and legality: • Jennifer A. Belpedio, .kstant County Attorney Page 6 of 6 Pages Sublease No. C-0011-1 16E10 • • "EXHIBIT A" iiP PORTELLA-ROWE/ASS`OCIAPTES, INC. penand Secroe ora - l-,onau[ling Gngin °P! 2384 LINWOOD AVE.,NAPLES,FLORIDA 33962 PHONE 813-775-6511 W.-BILL"ROWE.Pt.S FAX 913.775-6665 MAILING ADDRESS: ENNIS M.PORTELLA SR..PL9 P.O.BOX 10065 NAPLES,FLORIDA 33941 JUNE 14, 1995 LEGAL DESCRIPTION That part 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 1353.69.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 Bne 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 35°49'11'E for 9.50 feet;thence run S 03°46'59'E for 28.00 feet;thence run N 85°49'11'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°13'01'W for 158.47 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°11'13'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. • Pg '� %D�nnis R¢.`Porfefa, Sr.,PLS#4504 7 16E10 IOC NW CORNER SECTION 15, T.47 S. R.29 E. N •N 84'58'46"E . NORTH LINE OF SECTION 15 T.47 S, R29 E. COWER COUNTYYFL 1353.69' cn STOCKADE ROAD o ° POB N 85'23'27" E 274.95 m z Ci) 0 0 4`: w rn ui c13. 10 m LEASE U1 J AREA LINE TABLE a -4 NO.# DIST. BEARING ( L-1 9.50' N 85'49'11" E L-2 28.00' S 03'46'59" E L-3 31.62' N 04'11'18" W L-4 30.15' S 04'11'18" E L-5 15.00' S 86'13'01" W S 85'39'38" W J 1— r I 99.50 I L-1 . (4 156.47 L-5 S 86'13'01" W Iry N 85'49'11" E 403.92 r m 0 m"1 4• Z O Zr' I 0 t�D Z° 0) LE AS 1 "� -+4 AREA ci w 0 CO .,z H J N o J ;. " 1 u' to O N rn X S 86'24'59" W 415.16 z E RI 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION PRSPARdd FOR COLLIER COUNTY GOVERNMENT NOT A BOUNDARY SURVEY OFFICE OF CAPITAL PROJECTS PORTELLA—ROWE ASSOCIATES, INC. 2384 UNW000 AVE NAPLES, FL 33962 0 SCALE 1 100' DATE JUNE 14, 1995 (813) 775-6511 16E10 1 oI°.c 7 57 C) "EXHIBIT B" 1 I1' j 195 I 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 /Y15iy / , 1995. .\.ATTEST: DWIGFIT.,E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER_COUNTY, FLORIDA // - ay• - - 4�ti` /� By: , ;j � BETTYE J. MATTHEWS Cha rmant Approved as to form and legal sufficiency: L4,6 JA/v‘ii -\_ Heidi F. Ashton Assistant County Attorney HFA/ks./9403 16E10 ' • Lease#790 FIRST AMENDMENT TO GROUND LEASE (TylS IRST AMENDMENT TO GROUND LEASE entered into this J4- day of �/u , 1998 at Naples, Collier County, Florida by and BETWEEN THE STATE OF FLORIDA, DE ARTMENT 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: r 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. �7 16E110 IN WITNESS WHEREr the LESSEE and LESSOR hay, 'lereto executed this First Amendment to Ground Lease the d and year first above written. • AS TO THE LESSOR: DATED: -//11-- BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA ATTEST: DWIGHT•EA;(3ROCK,Clerk � � `\ BY: BA RA B.B RY, hair B- p�uuttt'y. erk Attest aS to Cliff t' p B App%Dyed as to form-and .le al'sufficiency: He i F.Ashton 'Assistant County Attorney STATE OF COUNTY OF n The foregoing First Amendment to Ground Lease was acknowledged before me this a/...4 day of H fo r, I , 1951, by BARBARA B. BERRY, as Chairman,who is,.penown to me or who has produced [type of identification]as identification. (affix notarial seal) (Signature o otary Public) MOM SUE FLO M i '�► ' ref COMM.02.110 g x1 Mrs 2000 (Print Name of Notary Public) kodemataiterarasoroms NOTARY PUBLIC Serial/Commission#: My Commission Expires: AS TOT LESSEE: DATED: / /yam•' STATE OF FLORIDA DEPART ENT OF JUVENILE JUSTICE BY: I)C1 1AI $Er U$ERMAN, DEPUTY SECRETARY Witness(Signature) DEPT. OF JUVENILE JUSTICE DA14,1 03 AO (Print Name) Witness(Signne) L629,f/A%- -e. (Print Name) STATE OF Ol_i OAr COUNTY OF Leo d The foregoing First Ame dment to Ground Lease was acknowledged before me this /t. day of , 19(by Re-4(t-yo.rMA41;10110 e t is personally known to me or who has pr uced [type of identifica'onj Las 1id-entif cation. (affix notarial seal) 43(L49�-O i'2 (Signature of Notary Pub c) Rg n , Deborah a.meat (Print Name of Notary Public) r A°commissar NOTARY PUBLIC '"; J`�•£` June t8,2001 ?f,b„r�K'• BovearwunnrraN .B4 Serial/Commission#: My Commission Expires: 2 . . 16E10 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 MINUt'ES 18 SECONDS EAST,A DISTANCE OF 80.73 FEET;THENCE NORTH 85 DEGREES 23 MINUTES 27 SECONDS EAST,A DISTANCE OF 19.65 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE OF A Mr[1 EN(15')FOOT WIDE ACCESS EASEMENT;THENCE ALONG THE CENTERLINE OF SAID 1HI1•th1rN(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 FEET;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 84 DEGREES 58 MINUTES 46 SECONDS EAST. PARCEL IMTWR 0 722Z-C-1 DATE: 3//6/98 GENE R. RICHMOND PROFESSIONAL LAND SURVEYOR #2406 r\ OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 E TAMIAMI TRAIL NAPLES, FLORIDA 34112 . . • 16E101 • . EXHIBIT "A" – (Page 2 of 2) OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 P.D.C. SKETCH OF DESCRIPTION N,W. CORNER SEC. 15, TWP. 47 S., REG. 29 E. _ N,85'58'46'E. --___— 19.65' 1353,69' P.D.B. 'E STOCKADE ROAD 80.73' 5.04'11'18'E. 274.95' N.85'23'27 • S.10'40'08'E. Jj 1-15' 27.69' '1 1 S.06'40'20'E. 1--7.5' 58.49' Q15' EASEMENT 7.5 q S.02'31'37'E. v o 98.84' N S.03'21'45'E. i , 102.28' I. a. In I I S.06'20'13'E, a- Ca 1 76. 19' in ... 'I N CD ii ' S.00'59'24'E, z I I 46.74' r ri I S.09'05'40'W. r 59.71' i i .85'49'll'E. � S.04'11'18'E, 9.50' ' 89.67' N,04'11'18'W, S.03'46'59'E. 7.50' _ • .• 30.15' 28.00' 99.50' WEST LINE OF THE - 7.50' S.86.13'01‘ ' N.85• 9'll'E. N.E. 1/4 OF THE NV. 403.92' 1/4 OF SEC. 15, TWP, S.04'll'18'E. 47 S., RGE. 29 E. 30.15' S.86'13'01'W. 15.00' 3 w GENERAL NOTES P'D'T' in M a-No 1) P.O.C. Indicates Point of Commencement `D t` C.....; 2) P.O.B. Indicates Point of Beginning in N a 3) Sec. Indicates Section o 0 4) Twp. Indicates Township Z (A 5) Rge. Indicates Range 6) R/W Indicates Right-of-way 7) AR distances are In feet and decimals thereof 8) Basis of bearings Is the North tine of' S.86'24'59'W. Section 15 being N.85'58'46'E. 415.16' 9) Not valid unless signed and sealed with the embossed seal of the professional land surveyor THIS IS ONLY A SKETCH DRAWN BY CHECKED BY: SCALE DATE: FlLE ND.: NOT TO SHEET 2 OF 2 (1) L.M.R. SCALE 03-16-98 PR-IMT1,lR 16E10 "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