Loading...
Backup Documents 10/08/2013 Item #16E 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING S 2 E 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 #I 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 #I through #2- cmmnlete the checlrlict and fhn nrd rn thn rnnnt.. Aft-- C)W-o Route to Addressees (List in routing order) Office Initials Date 1. appropriate. i Agenda Date Item was Approved b the BCC C'i �I �° t 3 Agenda Item Number lQ 3. County Attorney Office County Attorney Office Number of Original Attached J Documents Attached c7 � 4. BCC Office Board of County �A V number if document is Commissioners 7:5Y S 5. Minutes and Records Clerk of Court's Office —fty) 10f26 t 1 :3:?4 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 w '. __ // Phone Number 3 Contact / Department appropriate. i Agenda Date Item was Approved b the BCC C'i �I �° t 3 Agenda Item Number lQ Type of Document 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. Number of Original Attached J Documents Attached PO number or account GcnC number if document is by the Office of the County Attorney. R to be recorded All handwritten strike - through and revisions have been initialed by the County Attorney's INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 1 1/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 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. R 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. .6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature an d 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 r V time frame or the BCC's actions are nullified. Be pw are of your deadlines! 8. The document was approved by the BCC on id v xenter 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 fo the Chairman's signature. VN 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05; Revised 1 1/30/12 16E 20 MEMORANDUM Date: October 29, 2013 To: Michael Dowling, Property Management Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Second Amendment — Goodwill Lease Agreement Attached for your records are three originals of the agreement referenced above, (Item #16E2) approved by the Board of County Commissioners on October 8, 2013. Minutes and Records has kept the original as part of the Board's Official Records. If you have any questions, please contact me at 252 -8411. Thank you. Attachments 16E Z License #947 SECOND AMENDMENT TO LEASE AGREEMENT THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this 8 ? day of c=rob -e-r , 20135 by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSEE," and Goodwill Industries of Southwest Florida, Inc., a not for profit Florida corporation, whose mailing address is 4940 Bayline Drive, North Fort Myers, Florida 33917, hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Inc. have previously entered into a Lease Agreement dated April 22, 2008, hereinafter referred to as `Lease Agreement,' and a First Amendment to Lease Agreement dated November 14, 2011, hereinafter referred to as the `Amendment.' WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement and said Amendment, which are attached herein and made a part hereof, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby amended as follows: The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until December 31, 2015, hereinafter referred to as the "Extended Lease Term," and LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to renew same for two (2) additional one (1) year terms, under the terms and conditions as provided herein, by giving written notice 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. Said notice shall become effective upon actual receipt by LESSOR. LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty days prior written notice of such termination to LESSOR at the address set forth in ARTICLE 10 of the Lease Agreement. Said notice shall be effective upon actual receipt by LESSOR. Article 3 shall be deleted and replaced with the following provision: Article 3. Rent and Other Charges LESSEE hereby covenants and agrees to pay, as base rent for the Demised Premises, the sum of One Thousand One Hundred Twenty-three Dollars and Eighty-two Cents ($1,123.82) monthly as of May 1, 2013. Following the end of the first full year of tenancy, the annual rental amount shall increase by four (4) percent for each ensuing year thereafter and any renewal terms thereof. LESSEE shall pay charges pertaining to its use for basic telephone service and electricity at the Demised Premises, which shall commence as of July 1, 2013. The LESSOR shall invoice the LESSEE with an accounting of the its actual cost for basic telephone service and electric charges, on a quarterly basis, which shall begin as of July 1, 2013 and running through to September 30, 2013. The LESSOR shall provide LESSEE with copies of the actual utility companies' invoices as back -up to the invoices. If LESSOR should sublease the Demised Premises to another party during off - hours, at times when LESSEE is not in use of the Demised Premises, the LESSOR shall make the appropriate allowance in the quarterly billing charges to LESSEE. The LESSOR shall provide water to the LESSEE at no cost to LESSEE. C 16E 2" The LESSOR shall provide, maintain, repair or replace, at LESSOR'S sole cost and expense, all air - conditioning systems, plumbing systems, janitorial services, and pest control. All rental payments shall be due and payable in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1 /30th) of the monthly rental multiplied by the number of rental days of such fractional month. 3. The following provision shall be added to Article 6 of the Lease Agreement: LESSOR shall be named as an additional insured on the General Liability Insurance policy in the amount of One Million Dollars as Goodwill Industries of Southwest Florida, Inc. 4. Except as expressly provided herein, the Lease Agreement between Collier County, a political subdivision of the State of Florida, and Goodwill Industries of Southwest Florida, Inc., for the utilization of the Demised Premises described in said Lease Agreement dated April 22, 2008, and the Amendment dated November 14, 2011, remain 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 Second Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: o WITNESSES: Witness (Signature) iC.K &a"chv K (Print Name) it ess (Signature) (Print Name) AS TO THE LESSEE: AI I9T. DWIGHT E,!'BROi:K;:,i terk 4-�� BY.` C li vierx �.-- .Y Attest as alrman. s. °` signature onl t A legality: Jeffrey A.`) fftkow, County Attorney GOODWILL INDUSTRIES OF SOUTHWEST FLORIDA, INC., a not for profit Florida Corporation BY: (Signature) CVJJ e• + o i- C .S (Print name and title BOARD OF/COUNTY CO M SSIONERS, COLLIER OUNW. FLORIDA BY: GEOR I A. ER, ESQ., Chairwoman 6 Malp 16E 24 THIS LEASE AGREEMENT entered into this�� day of RP--_-, L , 2008, between Goodwill Industries of Southwest Florida, Inc., not for profit Florida corporation, whose mailing address is 4940 Bayline Drive, North Fort Myers, F rids 33917, 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 oth valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases fiom LESSOR approximately Three Thousand Three Hundred (3,300) square feet of unfurnished office space located at 907 Roberts Avenue, Immokalee. Florida 34142, hereinafter referred to as the "Demised Premises ", for the sole purpose of operating a government office. f' ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for one (1) year commencing January 1, 2008 and terminating on December 31, 2008. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for three (3) additional terms of one (1) year each, under the terms and conditions as provided herein, by giving written notice 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 or the one (1) year renewal period then in effect. Said notice period shall commence upon placement of the written notice in zn official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE may terminate this Lease, with or without cause, upon thirty (30) days prior written notice to the other party, without payment of rent after the thirty (30) day period, costs, or penalty by the County. Said notice shall sent be to the addresses as set forth in this Lease Agreement and shall become effective upon placement of said notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid. ARTICLE 3. Rent and Other Charges LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of One Thousand Dollars ($1,000.00) monthly. Following the end of the first full year of tenancy, the annual rental amount shall increase by four (4) percent for each ensuing year thereafter and any renewal terms thereof. LESSOR shall pay all charges pertaining to LESSEE'$ use of the Demised Premises to include air - conditioning and plumbing systems, all utility charges for electricity, water, sewer, telephone, pest control and janitorial services. All rental payments shall be due paylle in advance on the first day of every calendar month during the term hereof. If the terms of this Lease shall commence on a day other than the first day of the month, LESSEE shall pay rental equal to one thirtieth (1 /30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Modifications to Demised Premises Prior to making any other 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 appro, additions. LESSOR sh improvements, changes response from LESSOR approval to such request 16E or deny in writing said request for changes, improvements, alterations or not unreasonably withhold its consent to required or appropriate alterations, additions proposed by LESSEE. If after sixty (60) days there has been no its designee to said proposals or plans, then such silence shall be deemed as an LESSEE. LESSEE coven is and agrees in connection with any maintenance, repair work, erection, construction, improve nt, addition or alteration of any authorized modifications, additions or improvements to the De ised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regula ns, and requirements of the United States of America, State of Florida, County of Collier, and any and governmental agencies. All alterations, irtrovements, and additions to said Demised Premises installed by LESSEE shall remain the property of LESSEE and prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal of said alterations, improvements, and additions. If LESSEE does not remove those items designated by LESSOR, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 5. 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 to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with 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. However, LESSEE shall be permitted, without notice to LESSOR, to utilize the Demised Premises for any other Department within the jurisdiction of the LESSEE if the Demised Premises shall no longer be needed by the Department intended for this Lease. ARTICLE 6. Insurance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amount not less than the sum of One Million Dollars and 00 /100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shall be paid and borne by the LESSEE. ARTICLE 7. Maintenance LESSEE shall keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within thirty (30) days of 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. ARTICLE 8. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and 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 9. 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. 16E ARTICLE 10. 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: Real Property Management 3301 Tamiami Trail East Administration Building Naples, Florida 34112 Attn: Office of the County Attorney ARTICLE 11. Surrender of Premises LESSOR: Goodwill Industries of Southwest Florida, Inc. 4940 Bayline Drive Fort Myers, Florida 33917 (Attention: Bob Haenggi, VP Development Services 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 as herein provided, 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 excepted. ARTICLE 12. General Provisions 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 where other operations share common facilities. 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.iOr the rules or regulations of any public authority. ARTICLE 13. Radon Gas In compliance with Section 404.056, Florida Statutes, all -parties are hereby made aware of the following: i i 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 Collier County Public Health Department. ARTICLE 14. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 15. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: ATTEST: DWIGHT E. BROCK, Clerk DAT d BY ^r Deputy Clerk signatuh ally-.. •:e BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HE G, Chairman AS TO THE LESSOR: DATED:__ 1/0e ATTEST: WITNESS (signature) �Z"'x' 'Cv'we-s� Print Name WITNESS sign rte) Z.4 Y114t4.4 ,. Print Name 16E 21 GOODWILL INDUSTRIES OF SOUTHWEST, FLORIDA, INC., a not for profit Florida corporation BY (print name and title of officey Approved as to form and legal sufficiency: Jennir4r A. Belpiedio , Assistant County Attorney 4