Agenda 01/08/2019 Item #16C 601/08/2019
EXECUTIVE SUMMARY
Recommendation to approve a Tenant Estoppel Certificate and a Subordination, Non-Disturbance
and Attornment Agreement related to a Lease Agreement with Kraft Office Center, LLC. on Pine
Ridge Road to temporarily accommodate the Agriculture Extension Office due to damage caused
by Hurricane Irma.
OBJECTIVE: Kraft Office Center, LLC requires the County, as its Tenant, to execute documents
related to a loan application.
CONSIDERATIONS: The Board approved a Lease Agreement on December 12, 2017, Agenda Item
16.D.4, for office space at the Kraft Office Center on Pine Ridge Road to temporarily accommodate the
Agriculture Extension Office due to damage caused by Hurricane Irma.
The initial lease term was for one year and an Amendment to the Lease was approved by the Board on
October 23, 2018, Agenda Item 16.C.1, extending the term for two additional months.
At this time, the owner of the building has asked the County to execute a Tenant Estoppel Certificate and
a Subordination, Non-Disturbance and Attornment Agreement that are required for a loan application for
that building.
The attached documents have no financial impact on the County’s obligations under the Lease. The
documents attest that the County is a tenant under the original Lease Agreement dated December 12,
2017 and declares the rental amount for the leased space. The documents also secure the County’s
leasehold interest in the property should the owner default on the loan.
FISCAL IMPACT: There is no fiscal impact related to this item.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Chairman to execute the Tenant Estoppel
Certificate and the Subordination, Non-Disturbance and Attornment Agreement.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Kraft Estoppel CAO (PDF)
16.C.6
Packet Pg. 1272
01/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doc ID: 7463
Item Summary: Recommendation to approve a Tenant Estoppel Certificate and a Subordination,
Non-Disturbance and Attornment Agreement related to a Lease Agreement with Kraf t Office Center,
LLC. on Pine Ridge Road to temporarily accommodate the Agriculture Extension Office due to damage
caused by Hurricane Irma.
Meeting Date: 01/08/2019
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
11/29/2018 2:42 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
11/29/2018 2:42 PM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 11/30/2018 8:23 AM
Facilities Management Damon Grant Director - Facilities Completed 12/04/2018 3:18 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 12/12/2018 4:39 PM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 12/14/2018 4:28 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 12/17/2018 2:19 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/20/2018 9:39 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/20/2018 9:44 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 12/20/2018 9:53 AM
County Attorney's Office Emily Pepin CAO Preview Completed 12/20/2018 10:52 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 12/20/2018 5:51 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/27/2018 1:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/08/2019 9:00 AM
16.C.6
Packet Pg. 1273
LANDLORD:
TENANT:
PREMISES:
DATE OF LEASE:
TENANT ESTOPPEL CERTIFICATE
Kraft Office Center, LLC
Collier County, a political subdivision of the State of Florida
3530 Kraft Road, Suite 201, Naples FL 34105
December 15,2017
With the understanding that FLORIDA COMMUNITY BANK, N.A., a national banking
association (the "Bank") will rely upon Tenant's representations and agreements made in this
Certiflcate in extending certain flnancial accommodations to Landlord, Tenant hereby represents,
warrants and agrees as follows:
l. A true, correct and complete copy of the Lease, as amended, is attached hereto. The
Lease contains all of the agreements between Tenant and Landlord and is in full force and effect.
2. The current term of the lease commences on December 15, 2017 and will expire on
February 14,2019. Tenant has no right to renew or extend the Lease term or to terminate the
Lease except as follows:^J
ffr
3. 'Ienant commenced the payment of rent on December 15,2017 and has paid rent and all
other charges due under the Lease through November 30, 2018. The current annual base or fixed
rent payable by Tenant under the Lease is $52,040.00. No rent under the Lease has been or will
be paid more than 30 days in advance of its due date. Tenant has no agreement with Landlord
concerning free rent, partial rent, rebate of rental payments or any other type of rental concession
except as contained in the Lease.
4. Tenant has delivered a security deposit to Landlord in the amount of $ 0.
5. As the date of this Certificate: (a) neither Tenant nor Landlord is in default under the
Lease; (b) Landlord has performed all of its obligations under the Lease; (c) no event has
occurred which, with the passage of time or the giving of notice or both, would constitute an
event of default by Landlord under the Lease; and (d) Tenant has no current defenses or claims
against Landlord or rights of offset against any rents payable to Landlord under the Lease.
6. 'lenant has received no notice by any governmental authority or person claiming a
violation of, or requiring compliance with, any applicable federal, state or local law or regulation
intended to protect the environment and public health and safety ("Environmental Law"). The
Premises are not, and during the term of the kase have never been used to handle, treat, store, or
dispose of oil, petroleum products, hazardous substances in any quantity, hazardous waste, toxic
substances, regulated substances or hazardous air pollutants in violation of any Environmental
Law.
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16.C.6.a
Packet Pg. 1274 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
IN WITNESS WHEREOF, the undersigned has caused this Certificate to be duly executed and
delivered on this day of 20r8.
TENANT:
ATTEST:
CRYSTAL K. KINZEL, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY BY
, Deputy Clerk ANDY SOLIS, Chairman
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney Y{*.*
@
16.C.6.a
Packet Pg. 1275 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
RETURN TO
Cheryl L Hastings, Esq.
GRANT FRIOKIN PEARSON, P,A.
555'l Ridgewood Drive, Suite 501
Naples, Fl 34108
Telephone: 239-514-1 000
THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this
''Agreement") ls made and entered into as of the _ day of 2018, by and among
B. Tenant is the tenant under that certain Lease dated December 12,2017 (the "Lease"),
between Tenant and Landlord, as landlord (said landlord and its successors and assigns under the Lease
hereinafter called "Landlord"), covering all or part of the Mortgaged Premises as set forth under the
Lease (hereinafter called the "Demised Premises").
C. Tenant acknowledges that Lender will rely on this Agreement in making the Loan to
Landlord.
D. Tenant and Lender desire to evidence and confirm their understanding with respect to the
Lease and the Mortgage as hereinafter provided.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained
and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged
by all pa(ies, Lender and Tenant agree as follows:
1. Subordination. Tenantcovenants , stipulates and agrees that the Lease and all of
Tenant's rights, title and interest in and to the Demised Premises thereunder are hereby, and shall at all
times continue to be, subordinated and made secondary and inferior in each and every respect to the lien
of the i/o(gage and to any and all advances made or to be made thereunder, so that at all times the
I\4ortgage shall be and remain a lien on the Demised Premises prior to and superior to the Lease for all
purposes, subject to the provisions set forth herein. This subordination is to have the same force and
SUBORDINATION, NON-DISTURBANCE
AND ATTORNMENT AGREEMENT
A. Lender is or may become the owner and the holder of a loan (the "Loan") evidenced by a
promissory note executed by Landlord, as borrower (as the same may be amended or modified from time
to time, the "Note"). The Note is or may be secured by an Amended, Restated and Consolidated
N4ortgage, Assignment of Rents and Security Agreement (as the same may be amended or modified from
time to time, the "Mortgage") dated as of the same date as said Note, which Mortgage is to be recorded
in the Public Records of Lee County, Florida and Collier County, Florida, constituting a first lien against
the real property descrabed on Exhibit "A" attached hereto and made a part hereof (the "Mortgaged
Premises").
FLORIDA COMMUNITY BANK, N.A., a national banking association, its successors and/or assigns
("Lender"),Kraft Office Center, LLC, a Florida limited liability company ("Landlord"), and COLLIER
COUNTY, political subdivision of the State of Florida ("Tenant").
RECITALS
' .olo./
16.C.6.a
Packet Pg. 1276 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
effect as if the Mortgage and such renewals, modifications, consolidations, replacements and extensions
had been executed, acknowledged, delivered and recorded prior to the Lease, any amendments or
modifications thereof and any notice thereof.
2. Non-Disturbance. So long as Tenant complies with all of the terms, provisions,
agreements, covenants, and obligations set forth in the Lease, and is not in default of the Lease beyond
any applicable notice or cure periods, Tenant's possession of the Demised Premises under said Lease
shall not be disturbed or interfered with by Lender or any Successor Landlord, as hereinafter defined.
3. Attornment. lf Lender or any other party succeeds to the interest of Landlord under the
Lease in any manner, including, but not limited to, by foreclosure, by exercise of any power of sale, or
succession by deed in lieu or other conveyance (a "Succession"), Tenant will attorn to and be bound to
such party (whether Lender or another party) upon such Succession and will recognize Lender or such
other party as the landlord under the Lease. Such attornment is effective and self-operative without the
execution of any further instrument. Tenant, upon request, will sign and deliver any instruments
reasonably requested and approved by Tenant to evidence such attornment. Tenant waives the
provisions of any statute or rule of law, now or hereafter in effect, which may give or purport to give
Tenant any right or election to terminate or otherwise adversely atfect the Lease and the obligations of
Tenant thereunder as a result of any such Succession. Tenant shall be under no obligation to pay rent to
Lender or any such other owner until Tenant receives written notice from Lender or any such other owner
that it has succeeded to Landlord's interest under the Lease, upon which notice Tenant shall be entitled
to rely. Prior to any Succession, the provisions in the Mortgage with respect to the use and/or application
of any insurance proceeds or condemnation proceeds shall prevail over any contrary provisions
contained in the Lease.
4.
shall not be
Limitation On Lender's Liability Upon or in connection with any Succession, Lender
(a) liable for any act or omission of the Landlord under said Lease;
(b) subject to any offsets or defenses which Tenant may have against the Landlord arising or
occurring prior to the Succession,
(c) bound by any rent or additional rent which Tenant may have paid to Landlord for more
than the then-current month;
(d) bound by any amendment or modification of the Lease made without Lender's prior
written consent;
(e) liable for the retention, application or return of any securlty deposit paid by Tenant to
Landlord unless such deposit is delivered to Lender;
(f) liable for the completion of any construction al the Demised Premises or the payment of
any construction or tenant improvement allowance due or payable to Tenant under the Leasei
(S) bound by any right of first refusal or similar rights or options in favor of the Tenant
contained in the Lease with respect to (i) Lendels acquisition of title to the Demised Premises in
connection with any Succession, or (ii) any subsequent sale by Lender of the Demised premises;
provided, however, any such right of first refusal or similar rjghts or options in favor of the Tenant
contained in the Lease shall be applicable to any subsequent purchaser of the Demised Premises after
Lender has conveyed the same; or
(h) liable for the payment of any leasing commissions, the triggering event for which arose or
occurred prior to the Succession.
16.C.6.a
Packet Pg. 1277 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
Any reference to Landlord includes all prior landlords under the Lease. Neither Lender nor any
party taking under a Succession shall be liable for the performance of the obligations of the Landlord
under the Lease, except for those obligations which arise during the period of Lender's or such entity's or
person's ownership of the Mortgaged Premises.
5. Exculpation of Successor Landlord. Notwithstandin g anything to the contrary in this
Agreement or the Lease, upon any attornment pursuant to this Agreement, the Lease shall be deemed to
have been automatically amended to provide that the obligations and liabilities of Lender or any party
taking by virtue of a Succession under the Lease (each, a "Successor Landlord") shall never extend
beyond such Successor Landlord's (or its successors' or assigns') interest, if any, in Demised Premises
from time to time, including but not limited to insurance and condemnation proceeds, rental income, and
the proceeds from any sale or other disposition of the Demised Premises by Successor Landlord
(collectively, "Successor Landlord's lnterest"). Tenant shall look exclusively to Successor Landlord's
lnterest (or that of its successors and assigns) for payment or discharge of any obligations of Successor
Landlord under the Lease as affected by this Agreement. lf Tenant obtains any money judgment against
any Successor Landlord with respect to the Lease or the relationship between Successor Landlord and
Tenant, then Tenant shall look solely to Successor Landlord's lnterest to collect such judgment. Tenant
shall not collect or attempt to collect any such judgment out of any other assets of Successor Landlord.
Neither this Agreement, the Mortgage or any of the related loan documents, nor the Lease shall,
prior to any acquisition of the Demised Premises by Lender, operate to give rise to or create any
responsibility or liability for the control, care, management or repair of the Demised Premises upon the
Lender, or impose responsibility for the carrying out by Lender of any of the covenants, terms or
conditions of the Lease, nor shall said instruments operate to make Lender responsible or liable for any
waste committed on the Demised Premises by any party whatsoever, or for dangerous or defective
conditions of the Demised Premises, or for any negligence in the management, upkeep, repair or control
of the Demised Premises, which may result in loss, injury or death to Tenant, or to any tenant, licensee,
invitee, guest, employee, agent or stranger.
6. Lender Cure Riqhts. Thirty (30) days before exercising any of its rights and remedies
under the Lease for a Landlord default, Tenant will send \Mritten notice to Lender of the occurrence of any
default by Landlord and will specify with reasonable clarity the events constituting such default, and
thereupon Lender shall have the right (but not the obligation) to cure such default. lf the referenced
default would entitle Tenant to cancel the Lease or abate the rent payable thereunder, no such
cancellation or abatement of rent will be effective unless Lender receives notice in the form and manner
required by Paragraph 8 and Lender fails (a) within thirty (30) days of the date of the receipt of such
notice by Lender to cure or cause to be cured any default which can be cured by the payment of money
and (b) to cure or cause to be cured within sixty (60) days of the receipt of such notice any default which
cannot be cured by the payment of money ("Non-Monetary Default"); provided, however, that if the Non-
l\4onetary Default is not capable of cure within such sixty (60) day period, no cancellation or abatement by
Tenant will be effective as to Lender unless Lender fails within the original sixty (60) day period to
commence and diligently prosecute the cure of such default to completion. Tenant will accept cure of any
Landlord default by Lender. Tenant specifically agrees that Tenant shall not require Lender to cure any
default which is not susceptible of cure by Lender.
7. Rent Pavments. lmmediatel y upon written notice to Tenant (a) that Lender is exercising
its rights under the Mortgage or any other loan documents acting to secure the Note following a default
under the Loan, or (b) of Lender's succeeding to the Landlord's interest under the Lease, Tenant agrees
to pay all rents due under the Lease directly to Lender (in accordance with the Lease). Landlord
acknowledges and agrees that Tenant shall be entitled to rely upon such written notice without liability to
Landlord.
8. Notices. All notices to be given under this Agreement shall be in writing and shall be
deemed served upon receipt by the addressee if served personally or, if mailed, upon the first to occur of
receipt or the refusal of delivery as shown on a return receipt, after deposit in the United States postal
service certified mail, postage prepaid, addressed to the address of Landlord, Tenant or Lender
16.C.6.a
Packet Pg. 1278 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
appearing below. Such addresses may be changed by notice given in the same manner. lf any party
consists of multiple individuals or entities, then notice to any one of same shall be deemed notice to such
party
Lender's Address
Board of County Commissioners
Real Property Management
3335 Tamiami Trail East
Naples, FL 341 12
Landlord's Address Kraft Otfice Center, LLC
1500 Fifth Ave South, Suite 1 1 1
Naples, FL 34102
9. Complete Aqreement. This A greement supersedes, as between the parties hereto, all
of the terms and provisions of the Lease which are inconsistent herewith
10. No Oral Modification. This Agreement may not be modified orally or in any manner
other than by an agreement in writing signed by the parties hereto or their respective successors in
interest.
11. Bindinq Effect. This Agreement shall inure to the benefit of and be binding upon the
parties hereto and their respective heirs, executors, administrators, successors and assigns. Nothing
contained in this Agreement shall in any way affect or impair the lien created by the Mortgage except as
specifically set forth herein.
12. Severabilitv. lf an y provision of this Agreement is held to be invalid or unenforceable by
a court of competent jurisdiction, such provision shall be deemed modified to the extent necessary to be
enforceable, or if such modification is not practicable, such provision shall be deemed deleted from this
Agreement, and the other provisions of this Agreement shall remain in full force and effect, and shall be
liberally construed in favor of Lender.
13. Governino Law. This Agreement shall be governed by and construed in accordance
with the laws of the State where the Mortgaged Premises is located.
ICONTINUES ON FOLLOWING PAGE]
FLORIDA COMMUNITY BANK, N,A.
2500 Weston Road, Suite 300
Weston, Florida 33331
Attn: Legal Department
Tenant's Address:
16.C.6.a
Packet Pg. 1279 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
lN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed the
day and year first above written.
LENDER:
Signed, sealed and delivered in
the presence of:
FLORIDA COMMUNITY BANK, N.A., a national banking
association
By:
Name:Name
Title:
Name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me thas _ day of
2018, by AS of FLORIDA COMMUNITY BANK, N.A.,
a national banking association, on behalf of and as an act of the bank, who is personally known to me or
has produced a as identification
Print or Stamp Name:
Notary Public, State of Florida
Commission No.:
My Commission Expires
[CONTINUES ON FOLLOWING PAGE]
)
)SS:
)
@
16.C.6.a
Packet Pg. 1280 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
IN WITNESS WHEREOF, the undersigted has caused this Certificate to be duly executed and
delivered on this day of 2019
TENANT:
ATTEST:
CRYSTAL K. KINZEL, Clerk
BY
, Deputy Clerk
Approved as to form and legality:
BOARD OF COLTNTY COMMISSIONERS
COLLIER COLINTY, FLORIDA
BY
ANDY SOLIS, Chairman
\tt
Jennifer A. Belpedio
Assistant County Attorney g
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16.C.6.a
Packet Pg. 1281 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
Signed, sealed and delivered in
the presence of:
il
e dir:4-
1\L,<r/
Name:
---lOSx-EroXA\-
STATE OF flmA*
COUNry OF
Th
ersonally known to me or s produced a
orN,
)
)SS
)
foregoin tn acknowledoed' before me thisas Y1j fu>,& nl
LANDLORD:
By ,d**V14!
Na^., -/rto,,ats /. (r/42fu-
rire: (rq.Paas ,
)ay of uler-rbrr
on behalf of and as an act of the
as ide
P tor mp a
Notary Public,
Commission No.:
l\ily Commission
2
Jun€ 22,2019
KRAFT OFFICE CENTER, LLC
A Florida limited liability company
16.C.6.a
Packet Pg. 1282 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
EXHIBIT'A'Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this l?th day of December,2017, between KRAFT
OFFICE CENTER, LLC, a Florida limited liability company, whose mailing address is 1500 5th Avenue
South #711, Naples, Florida 34102, hereinafter referred to as "LESSOR", and COLLIER COLINTY, a
political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Naples, Suite
101, Florida34172, hereinafter referred as "LESSEE".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR 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 apart of this Lease, forthe 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 (l) year ('lnitial 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 l3 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 (S52,040.00) 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
ARTICLE l. Demised Premises
16.C.6.a
Packet Pg. 1283 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
monrlL LESSEE shall pay rcntal equal to onc thirtieth (ll|0th) ofthe monthty rental multiplied by the number
of rental days of such fractional month.
ARTICLE 4. L€ff blank inrentionally.
ARTICLE 5. Other Expensss and Charses
In addition to the monthly r€nL the LESSEE shall pay LESSoR an additional TWo Tlousand one
Hundred Forty-Four Dollars and Forty-Eight Cents ($2,144.48) pcr month for Comsron Arce MaintcBanca
fees, which includes electricity, water, trash r€moval, and janitorial service'
LESSEE shall pay all monthly costs associaed with telephone a:rd communications chrges.
LESSOR chatl be responsiblc for all elements of the maiatcnaoce and rcpair of the building exterior
landscaping and irrigation, cxterior pest control, phmbing and electricat systerns, airconditioning repair,
mainteDance and replaccmerrt, and ail items within the Demised Prcmises not statEd above. LESSOR shall
provide and pay for waler/sewer monthly charges at the Denriscd Premiscs'
ARTICLE 6. Modilicarions !o Demisld Premisgs
prior to making any chmges, slterations, additions or improvements ro the Demised hemises'
LESSEE will pmviOe to'ffSSOR all proposals ond plans for a.lterarions, improvernents, changes or additions
to the Dernised premises for LESSOR'S irior writtco approval, specifying in writing the nature and cxtent of
the desired alteration, improvement, ih-g", ot adtlifion, along with thB contemplated. stating aod
completion time for such project. LESSOR-oi its designee wilt thel have sixty (60) days within which to
upfior. o, deny iu writing said requesl for changes, improvcments, alterations or additions. LEssoR shall
not un ""*naUty
witfrnola its consent to required or appropriale alterations, improvcments, changes or
additions propor.d by LESSEE- lf after sixry (60) days there has bceu no written rejcction delivered by
LEsSoR io LESSEE regardin&said proposals or plans, than such silence shall bc deemed as an APPRoVAI
to such rcquest ofLESSEE.
LESSEE covenaDts and agrces in conncction with any auintcognce, repair work, crection'
oonstructio!, improvemen! addition or alteralion of any authorized mdificationg additions or
i*p.r"*"nl 19
'the Demiscd Prcmises, to observe aad comply with all then and funne applicable laws'
or&*o*r, nrles, regulation, and rcquireureuts of thc United Statce of Amcrica, Stae of Florids' County of
Collicr, and any and all gover"'-"cntal agencies baving jrrisdiction over &c D"mised Prernis6'
All alterations, iEprovemcnts, and additioos to the Demised Prcmises shall at once, wten made or
insralled, be deeoed as arached to the fr€chold .nd to have becomo pmp€rty of LESSOR Prior to the
termination of rhis Lcssc or any rienewel tcrm thercof,, gr witbin thirty (30) tlays thcrcafter, if LESSOR so
dircsls, LESSEE shall promjUy rsmove all such additions, improvementg alterations, frxturcs and
installations which wcre placed in, ol or upon the Demiscd h€mises by or on bchalf of LESSEE, and which
are desigratcd in said notice, and repair any damage occasioned to the Demised Premises by zudr rcmoval
8Dd in default thereof, LESSOR may completc said.r€movals and rcpairs at LESSEE S expensc.
ARTICLE 7. Access to Demised Premises
LESSO& its duly aBthorizd agents, rcpresentatives and cmployees, shall bavc th9 right 8ffet
reasonable oral notice to LESSEE, to cnter into and upon the Demised Premises or any psrt thercof at all
2
I
:
16.C.6.a
Packet Pg. 1284 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
reailonable hours for the purposc of examiniog same and making re,pairs or jadOrial servioc thercil' and for
lhe purposes of inspection for oompliance with provisions of this Lcase Agrcement
ARTICLE 8. Assiqnment and SubleEinq
LEssEEcovenantsandagrcesnottoassigrrthisLeaseor!osublctthewholeoranypadofthc
Demised premises, or to pfinit any othcr persons, othcr than anothor county agcocy' to occupy s8m€
*iGo* ff" prior expressed written conscnt oi fgSSOn' Any such assignrrcilt or sublcttiog, cven witb the
consenl of ifSSO( shall ooi Jieve LESSEE from liabitity for paymcnt of rcnt or other sums h€rsin
provided or ftom the obligation to kcep and bc borrnd by the terms, conditiors and oovcnots of lhis Leasc'
The acceptsnce ofrent from -y o,ho, p.ooo sqff n9r b" decmcd to be a waivcr of any of thc provisions of
this Lease or to be a @nscxrt to the assignment of this [.case or subletting of t]re Demised I}remis€s'
ARTICLE 9. Indemnity and Irsuance
Subject to the limitstions of S&tion ?6E.28, Florida Sraocs, LESSEE *hall ildemnifr arrd savc
hannless the LESSoR to. *i "gui*t -y and a;1 ;hims, actions and sui6 and from ard agai:1st any and
Ji lor."r, daoages, costs, charg;, reasonabte onomeys' Ibes, Paym€nts, expc.scs aud liabilitics which
LESSOR may sustain or ir,",o ro-tt " extcnt arising torn the ncgligent act or negligent omission ofLESSEE
or its agents, conEactors or omployccs.
LEssoR sb8ll indemaif; ald save hamless thc LESSEE ftom and against any md all claiuu, actions
orra ,uit", and from aoa ag"i.; any and all losses, danageq costs, c1;urg€s, reasonable Etlomcys' ftcs,
;;yr*;;.; "*p"*", EDd 1;buities t"li.t tgssEE pay sustain or incur duc to lhe solc negligcnt act or
negligcnt omission of LESSOR-
LESSEE shall maintain dr:ring thC couse of this L,ease, or any renev/al thcreof, comprelrcnsivc
generat liability coveragc includiug UiAity i"j,ty sDd-proPcrty daoagr, prcmiscs Tj "ry.{:* covetags
iJ"* urd completd .prratio"! oort.g", tiooa fi-i pti'ptrtv a'o'ge.**Tr:,3l"1ibilc liabilitv
Ll',"tag" includid o.\r".j
""to-oUilcs"
;on-o*rcd automobilcs and hired arromobilcs-and contractu8l
liability coverage io an amouot oi not lcss than one Million and o0/l o0 Dollan ($ 1,000,000'00) combined
single limits,
If LESSEE falls uoder thc State of Florida worker's compensation Law, covcragc $af tcgo*aef
for a.[ employees. Ttc "or"*g".hall bc for ststutory liTits in complianoc with tF ry- pusJle statr 8nd
Fcderal laws. The policy .,.gi i*mO. Employcls Ljsbility with a limit of Onc Huodred Thousgod an6
00/t 00 Dollam ($100,000.00) each accidanr
LESSOR asd LESSEE on bebalf of thaEselves and all othen claiming uoder thesr, including any
insure.r, waivc all claims against each other, includirg aU riShts of subrogation, for tcs- or damage to thcir
i*pir. propcrty (krcludios" 6ur not limited to, tha Demiscd Prcmiscs) risiog from trrc' smokc daoagp,
wildstorm, hail, *rraOir-, rlc& malicious miscitief and any of thc other pcrils normally insurcd against il
an *all risk" of physical loss poiicy, rcgardlcss of whahcr insurance aginst fhory fcnls is in etrcct wi&
respccr to such party's proparty oa'regarltcss of tho ncgligcrrce of eithcr party. Ifeilhet Party so t€quests,lhe
otfr"r p"rty tn"tl oULi"' f-. its insurJr a wdten waiver o1all righs of sutrogation-that it.mal havc against
,h;;fi"r;""y LESSEE shall give prompt mtice ro LESSSR in casc of firc or accidcns in thq hemiscs or
in rUe Suilaing or of defects tf,o"io ot il thc fixturcs or cquipmcnL IFSSEE hctcby acknowledges that
LESSOR shalinot be liable for any interruption to LESSEE's business. for any caune whatsoover, md that
3
16.C.6.a
Packet Pg. 1285 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
LESSEE shall obtain busincss intemrption inzurance covciage should LESSEE desL€ to providc coverage
for such risk,
ARTICLEI0. Maintenance
LESSOR shall provid! jsnitorial scrvicc to the Demiscd Prcmiscs on a weekly basis'
ARTICLE I t. Default bv 1ESSEE
-dLF:tHil*f 'i??srffi o#}."1ffi'h"Jffi ffi'ti*6,8ffi ;"H:'t
LE.SEE, *nless thc acfa,lt ue crtttt--it" ,rt* period 1ot such iditio,al time as is reasonabty
rcquired to corrcct such dcfrult)'
ARTICLE 12' Dcfsultbv LESSOR
FailueofLEsSoRtocomptywithoyprovision.or-covgDEDlofthist,ss8shallconstitut€ad.faull
and LESSEE may. at LESsEi;;I,tfi tfiinarc rhis Leasc affcr rhirty (30) days wtltten noticc to
rESSoR, unlass the d"frrlr b."r:,r#";ir#;;i;,t* ;'t"d to*ucrr aidiiionat timc as is reasooablv
requirtd to corrcot such dcfault)'
ARTICLE 13. Notices
Aoy noticc wbich LESSoR or LESSEE may bc required to givc to thc othcr party shall be in writilS'
to ttrc othor porty at the followiog addresses:
LEssok fu nr+-l t&reErnan# 6mp rut-frr*.e*rerl*rt*9
1500 5t AYcnuc Sout!" Suitc I I I
Naplcs, Florida34lJJ' }.|D2-
LESSEE'S ooouol excePtcd.
ARTICLE 15' Gcneral Provisions
LEssEE covsrEut and a$eos to dcliver up aod suncndcr !o LEssoR posscslon of ttle Dernrsed
premises.upon expiration of this f;r., oiis ""ai* tirminatioa, broom clcan and in rs good condition and rcpair
as rhe sarne shar be ar tb. .r*;;;;;; th" rcrm of rhis Lpase or rnay havc bc€o lut by LESSOR or
LEssEE d,ring the "ontio** tlior,-"rain"ry wcar and ,"L
"na
o-"g. by Iirc or thc elements bcyond
T.ESSEE:
Board of CouotY Commissioncrs
c/o Rcal ProPcrtY Maosgemcol
3335 Tamiami Trait East
Naples, Florida 341 l2
ARTICLE 14. SurlcDd€r of Prcrniscs
l.EssEEfirllyunderstandsthatthcpoticeuoa.l'lenforccrrcotsccrrrigprotetionprovidedbylaw
cnforc:ment agencies !o thc Demis€d Premiscs_is fimitca to Ox proJal to o"y otloi U*iaess or agcncy situatcd
in collier county, and tEssoR acknowledgcs that any rp!"ia *.."ty -mcasurcs
dccmcd occcsssy fot
additional protection of 1tr" o.iiJ'pr"miro" J"ff U" 6," sir" t"sponsruiiiW ,nd cdt of LESSEE aod sball
4
involve no cost or expensc to LESSOR
16.C.6.a
Packet Pg. 1286 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
LESSEE expr€ssly aglers for iEelf, its sucoessor and aSsigrs, to rcftain fiom any use_ of the Dcmised
premises which would intcrfcrc with or adverscly sffecl thc opcration or maintcnanct of LESSOR'S stsndard
In compliance with Section 404.056, Florida Statutes, all porties arc hercby msde awEr€ ofthe following:
Radon is I nahrally occurhg radioactive gas that, whca it hEs accumulatcd in a building in sufficiEnt
quantities, may prcscat lrcalth risks to par** who are cxposcd to it ovcr time. Lcvcls of radon tbct exc€ed
f"O.""f ."a statc-guidclincs have besr found ia buildia$ in Florida" Additioual hformdion regarding radou and
radon testiag rray be obtaiacd from yorr County Public Health Dcpartsnent'
operations.
ARfiCLE 16 Radon Cas
ARTICLE 17. Effectivc Datc
This Laasc Agrecment shall becooe cffectivo upon orccution by both I-EssoR aod LESSEE.
ARfiCLE 18. Govoming Law
This leasc Agre€mcnt shall bc govcrned and conslrued in acrordance with lhe lews of thc Ststc of
Florida
IN WITNESS WIIEREOF, the parties hereto have hereundcr sct forth their hrt(ls and soa]s.
AS TO THE I;ESSOR:KRAF| OFFICE CENTER, LtC
DerED: 12'lcl .t
BY:
Signaturc
Title
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prini name
d.
print name
LESSEE's signanre appcars on tlre following pagc.
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.lart..[' U. .gr-.h.la
WITNBS (sienature)
16.C.6.a
Packet Pg. 1287 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
DATED:/a ./ 2 /')
ATTEST:
D B Clerk
BOARD OF COI.JNTY COMMISSIONERS'
COLLIER COt'NTY, FLORIDA
PENNY TA
. S*rt{
BY:
couaty Attom€y
b
t+-.i:ttlt
Jennifer
"Pt'+
AS TO T}IE LESSEE;
as to form and legalitY:
16.C.6.a
Packet Pg. 1288 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)
Exhibit'A'
Suite 201
3530 Kraft Road
Naples, Florida 34105
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16.C.6.a
Packet Pg. 1289 Attachment: Kraft Estoppel CAO (7463 : Tenant Estoppel Certificate and a Subordination, Non-Disturbance and Attornment Agreement)