Backup Documents 10/23/2018 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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. County Attorney Office County Attorney 1 _T`? Ii! J
6711 3
2. BCC Office Board of County ]
Commissioners - I i -e-
3. Minutes and Records Clerk of Court's Office I( 171 [Is C,
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 Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was Agenda Item Number
Approved by the BCC October 23,2018 16 C 1
Type of Document Number of Original
Attached First Amendment to Lease Agreement Documents Attached 2
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) Applicable)
1. Does the document require the chairman's original signature? '...1-,,,, i ' .,( N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
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 N/A
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 MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
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 aware of your deadlines!
8. The document was approved by the BCC on 10-23-2018 ,and all MD N/A�, ttot
changes made during the meeting have been incorporated in the attached document. an option for
The County Attorney's Office has reviewed the changes,if applicable. line.
9. Initials of attorney verifying that the attached document is the version approved by the 11'
BCC,all changes directed by the BCC have been made,and the document is ready for th� s e +H #
Chairman's signature. ei,a;' sa.
V''
I: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
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Memorandum
0", '(O ‘O P .�
To: Minutes and Records
Clerk to the Board
From: Michael Dowling 411
Senior Property Management Specialist
Real Property Management
Date: November 16, 2018
Subject: First Amendment to Lease Agreement with Kraft Office Center
BCC Date: October 23, 2018
BCC Item: 16 C 1
Please retain the original for your records and provide me with an electronic
copy.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
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MEMORANDUM
Date: November 29, 2018
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: First Amendment to Lease Agreement w/Kraft Office Center
Attached is one (1) original as referenced above (Item #16C1), approved by the
Board of County Commissioners on Tuesday, October 23, 2018.
The Minutes & Records Department has kept an original agreement for the
Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
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FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT("Amendment"),entered into this day of
2018, by and between KRAFT OFFICE CENTER, LLC,a Florida limited liability company,
whose mailing address is 1500 5th Avenue South 0111, Naples, Florida 34102, hereinafter referred to as
"LESSOR,"and Collier County, political subdivision of the Stare of Florida,a whose mailing address is do Real
Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as
"LESSEE."
RECITALS
WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated December
12,2017,hereinafter referred to as the'Lease,attached hereto as Exhibit"A";
WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease to extend the term and to
modify the termination provision;and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and
Ten Dollars($10.00)and other valuable consideration,the Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein;
2. Article 2, Term of Lease, is amended to extend the lease term to February 14, 2019, and the second
paragraph is amended as follows:
LESSEE and-LASSOR reserves the right to terminate this Lease,at any time,with or without cause,by providing
sixty {60)men-day(15)prior written notice of such termination to the esilirwparty LESSOR at the address
set forth in Article 13 of this Lease.LESSEE shall be responsible to only pay the prorated amountfor rent should
the LESEEE not occupy tltDemised Premises for an entire month,
3. Except as expressly provided herein,the Lease 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 LESSEE and LESSOR have hereto executed this Amendment the day and
year first above written.
AS TO THE LESSOR: KRAFT OFFICE CENTER,LLC,
+Florida limited liability company
DATED: ~' 'f .
4
BY;
t t t �' SVnIGQ n
•(P Print Name
tri , . : , , er
Inness(s , re)
Print Title
(print e)kkici1
LESSEE's signature appears on the following page.
1601
AS TO THE LESSEE:
BOARD OF COUNTY COMMISSIONERS COWER
DATED:, rj 4,e),(,.-''`-- -_.3 v/ COUNTY,FLo
ATTEST: _ �
Crystal K.Kindel,Clerk of the Circuit Court
and r.. .i , kr A; BY: A
` ''D SOLIS,Esq.,CHAIRMAN
4 itt, '41, ''.. t.i)44- BF.
Attest;a ?'tl i
signature only.
Approved as to form and legality:
+ ,
Jennifer A.Betpodio,A istant County Attorney ,• 4,
1q�
C.)
2
Exhibit 'A'
16C1
Lease#
LEASE AGREEMENT
TI-IIS LEASE AGREEMENT entered into this 12th day of December, 2011, between KRAFT
OFFICE CENTER, LLC, a Florida limited liability company, whose mailing address is 1500 5th Avenue
South #111, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COUNTY, a
political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail,Naples, Suite
101, 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 trom LESSUK approximately 2,602
square feet of office space located at 3530 Kraft Road, Naples, Florida 34105, Suite 201, as seen on Exhibit
'A' which is attached hereto and made a part of this Lease, for the sole purpose of operating a government
office, together with employee parking, overnight parking for three County vehicles and parking for a twenty-
foot-long trailer. LESSEE shall have card access or another form of entry to the building and to the Demised
Premises at all times,seven days,twenty-four hours.
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.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of one (1) year (`initial Term')
commencing on December 15,2017 and ending December 14, 2018.
LESSEE and LESSSOR reserve the right to terminate this Lease, at any time, with or without cause,
by providing sixty-day (60) days prior written notice of such termination to the other party at the address set
forth in ARTICLE 13 of this Lease.
LESSEE shall not be required to provide LESSOR with any advanced rent such as security deposit or
holding rent. LESSEE is tax exempt and shall provide LESSOR with its Tax Certificate showing its exempt
status.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of Fifty-
Two Thousand Forty Dollars ($52,040.00)for the first year's rent to be paid in equal monthly installments of
Four Thousand Three Hundred Thirty-Six Dollars and Sixty-Seven Cents ($4,336.67).
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
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month, LESSEE shall pay rental equal to one thirtieth(1130th)of the monthly rental multiplied by the number
of rental days of such fractional month.
ARTICLE 4. Left blank intentionally.
ARTICLE 5. Other Expenses and Charges
In addition to the monthly rent, the LESSEE shall pay LESSOR an additional Two Thousand One
Hundred Forty-Four Dollars and Forty-Eight Cents ($2,144.48) per month for Common Area Maintenance
fees, which includes electricity, water,trash removal,and janitorial service.
LESSEE shall pay all monthly costs associated with telephone and communications charges.
LESSOR shall be responsible for all elements of the maintenance and repair of the building, exterior
landscaping and irrigation, exterior pest control, plumbing and electrical systems, air-conditioning repair,
maintenance and replacement, and all items within the Demised Premises not stated above. LESSOR shall
provide and pay for water/sewer monthly charges at the Demised Premises.
ARTICLE 6. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Piesniscs,
LESSEE will provide to LESSOR alt 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 the 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 after
reasonable oral notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all
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reasonable 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 Agreement.
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 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
Subject to the limitations of Section 768.28, Florida Statues, LESSEE shall indemnify and save
harmless the LESSOR from and against any and all claims, actions and suits, and from and against any and
all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which
LESSOR may sustain or incur to the extent arising from the negligent act or negligent omission of LESSEE
or its agents,contractors or employees.
LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims,actions
and suits, and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees,
payments, expenses and liabilities which LESSEE may sustain or incur due to the sole negligent act or
negligent omission of LESSOR.
LESSEE shall maintain during the course of this Lease, or any renewal thereof, comprehensive
general liability coverage including bodily injury and property damage, premises and operations coverage,
products and completed operations coverage, broad form property damage coverage, automobile liability
coverage including owned automobiles, non-owned automobiles and hired automobiles and contractual
liability coverage in an amount of not less than One Million and 00/100 Dollars ($1,000,000.00) combined
single limits.
If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall be provided
for all employees. The coverage shall be for statutory limits in compliance with the applicable State and
Federal laws. The policy must include Employer's Liability with a limit of One Hundred Thousand and
00/100 Dollars($100,000.00)each accident.
LESSOR and LESSEE on behalf of themselves and all others claiming under them, including any
insurer, waive all claims against each other, including all rights of subrogation, for loss or damage to their
respective property (including, but not limited to, the Demised Premises) arising from fire, smoke damage,
windstorm, hail, vandalism, theft, malicious mischief and any of the other perils normally insured against in
an "all risk" of physical loss policy, regardless of whether insurance against those perils is in effect with
respect to such party's property and regardless of the negligence of either party. If either party so requests, the
other party shall obtain from its insurer a written waiver of all rights of subrogation that it may have against
the other party. LESSEE shall give prompt notice to LESSOR in case of fire or accidents in the Premises or
in the Building or of defects therein or in the fixtures or equipment. LESSEE hereby acknowledges that
LESSOR shall not be liable for any interruption to LESSEE's business for any cause whatsoever, and that
3
1 6 C 1
LESSEE shall obtain business interruption insurance coverage should LESSEE desire to provide coverage
for such risk.
ARTICLE 10. Maintenance
LESSOR shall provide janitorial service to the Demised Premises on a weekly basis.
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 be cured within that notice period (or such additional time as is reasonably
required to correct such default).
ARTICLE 12. Default by LESSOR
Failure of LESSOR to comply with any provision or covenant of this Lease shall constitute a default
and LESSEE may, at LESSEE'S option, terminate this Lease after thirty (30) days written notice to
LESSOR, unless the default be cured within that notice period (or such additional time as is reasonably
required to correct such default).
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: �,�;�p�y
LESSEE: LESSOR: '5L,114.41fUci ^a"'ieni- &i ,U.0
Board of County Commissioners
do Real Property Management 1500 5th Avenue South,Suite 111
3335 Tamiami Trail East Naples,Florida 34414' 340,2_
Naples, Florida 34112
ARTICLE 14. Surrender of Premises
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 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 15, General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated
in Collier County, and LESSOR acknowledges that any special security measures deemed necessary fox
additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall
involve no cost or expense to LESSOR.
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1601
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 16. 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 17. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 18. 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 LESSOR: KRAFT OFFICE CENTER,LLC
DATED:_12-t9•II —
BY: `!
Signature
TNESS (st
Title
_s3on4 CI one
print name
L. S�ltiaer i
WI 'E S (signature)
t,{Atax.ast, Ll. & A5
print name
LESSEE's signature appears on the following page.
S
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AS TO THE LESSEE:
DATED: / •2 ./ '` /-1 BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY,FLORIDA
ATTEST: 1
DW GHT E.BR' K,Clerk
. J� ` 1
BY: d
•ur ty CIS 1.4.A.PENNY TA 1
lSlgnBltlf$,5014 .
Approved as to form and legality:
Jennifer . elpedio, Ass County Attorney
4251:4
6
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Exhibit 'A'
Suite 201
3530 Kraft Road
Naples, Florida 34105
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