Backup Documents 01/08/2019 Item #16C 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 6
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 I`‘ \19
2. BCC Office Board of County tc,
Commissioners / � VAN
3. Minutes and Records Clerk of Court's Office ‘P6 L iL%-tbda
PRIMARY CONTACT INFORMATION aIr'Y'
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 January 8,2019j/" Agenda Item Number 16 C 6
Approved by the BCC
Type of Document Tenant Estoppel and Subordination Non- Number of Original 2
Attached Disturbance and Attornment Agreement 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 ' Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? S-c,., e v N/A
2. Does the document need to be sent to another agency for additis al signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address; Phone an attached • et.
3. Original document has been signed/initialed for legal sufficiency. (All .ocuments 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 1-8-2019 ,and all changes MD N/A is not
made during the meeting have been incorporated in the attached document. The an option for
County Attorney's Office has reviewed the changes,if applicable. 4 this 1n ;
9. Initials of attorney verifying that the attached document is the version approved by th fA is not
BCC,all changes directed by the BCC have been made, and the document is ready foryhe ' fps
Chairman's signature. `� h1
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
f�OR,o(P
otI L�
To: Minutes and Records
Clerk to the Board
From: Michael Dowling \C(16
Senior Property Management Specialist
Real Property Management
Date: January 9, 2019
Subject: Tenant Estoppel Certificate and Subordination Non-Disturbance and
Attornment Agreement
BCC Date: January 8, 2019
BCC Item: 16 C 6
Please retain one copy of the Tenant Estoppel Certificate for your records and
provide me with the two (2) copies of the Subordination Non-Disturbance and
Attornment Agreement so that I may have the landlord execute both copies. I
will then provide you with one fully executed original. If easier for your
tracking, and if you prefer, you may return both documents to me and I can later
provide you with copies of both documents once I get the Subordination
returned to me.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
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MEMORANDUM
Date: January 14, 2019
To: Michael Dowling, Sr. Property Management Specialist
Real Property Management
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Tenant Estoppel Certificate and Subordination
Non-Disturbance and Attornment Agreement
Attached, please find one original and one copy of the Tenant Estoppel Certificate
and two original copies of the attornment agreement referenced above, (Item
#16C6) approved by the Board of County Commissioners on January 8, 2019.
After further execution please return one of the original Subordination
Non-Disturbance and Attornment Agreements for the Board's Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachments
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TENANT ESTOPPEL CERTIFICATE
LANDLORD: Kraft Office Center, LLC
TENANT: Collier County, a political subdivision of the State of Florida
PREMISES: 3530 Kraft Road, Suite 201,Naples FL 34105
DATE OF LEASE: 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
Certificate in extending certain financial accommodations to Landlord, Tenant hereby represents,
warrants and agrees as follows:
1. 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: N
3. Tenant 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. Tenant 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 Lease 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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IN WITNESS WHEREOF,the undersigned has caused this Certificate to be duly executed and
delivered on this ':?-1/1.-day of‘,2,4},f --f-kKl , 201sit.
TENANT:
ATTEST: /—
CRYSTAL K. KINZEL, Clerk BOARD OF C' dNTY COMMIS ERS
CO IER ' •UNTY, ' ► ',•A
e
BY: it -' .v _ . Sdi a, BY: A
,_./P; pu,, i lerk ' DY SOLIS, Chairman
Attestast;t .i ,s
signature only,
A.•roved as to fo .nd legality:
I. 1
Jenr A. Belpedi•k
Assistant County Att. y � .
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I Item# iLet.15Q
A
Dote TT I
Reed
.l*pu,I vier i
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RETURN TO:
Cheryl L Hastings, Esq.
GRANT FRIDKIN PEARSON, P.A.
5551 Ridgewood Drive, Suite 501
Naples, Fl 34108
Telephone: 239-514-1000
SUBORDINATION, NON-DISTURBANCE
AND ATTORNMENT AGREEMENT
THIS SUBORDINATION, NON-DISTURBANCE AND ATTORNMENT AGREEMENT (this
"Agreement") is made and entered into as of the day of , 2019, by and among
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
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
Mortgage, 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 described on Exhibit "A" attached hereto and made a part hereof (the "Mortgaged
Premises").
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 parties, Lender and Tenant agree as follows:
1. Subordination. Tenant covenants, 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 Mortgage and to any and all advances made or to be made thereunder, so that at all times the
Mortgage 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
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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. If 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 affect 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. Limitation On Lender's Liability. Upon or in connection with any Succession, Lender
shall not be:
(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 security deposit paid by Tenant to
Landlord unless such deposit is delivered to Lender;
(f) liable for the completion of any construction at the Demised Premises or the payment of
any construction or tenant improvement allowance due or payable to Tenant under the Lease;
(g) 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) Lender's 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 rights 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.
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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. Notwithstanding 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 Interest"). Tenant shall look exclusively to Successor Landlord's
Interest (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. If 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 Interest 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 Rights. Thirty (30) days before exercising any of its rights and remedies
under the Lease for a Landlord default, Tenant will send written 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. If 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-
Monetary 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 Payments. Immediately 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
16C6
appearing below. Such addresses may be changed by notice given in the same manner. If 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: FLORIDA COMMUNITY BANK, N.A.
2500 Weston Road, Suite 300
Weston, Florida 33331
Attn: Legal Department
Tenant's Address: Board of County Commissioners
Real Property Management
3335 Tamiami Trail East
Naples, FL 34112
Landlord's Address: Kraft Office Center, LLC
1500 Fifth Ave South, Suite 111
Naples, FL 34102
9. Complete Aqreement. This Agreement 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. Binding 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. Severability. If any 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. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State where the Mortgaged Premises is located.
[CONTINUES ON FOLLOWING PAGE]
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IN 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 FLORIDA COMMUNITY BANK, N.A., a national banking
the presence of: association
By:
Name: Name:
Title:
Name:
STATE OF FLORIDA
)SS:
COUNTY OF
The foregoing instrument was acknowledged before me this 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]
1606
IN WITNESS WHEREOF,the undersigned has caused this Certificate to be duly executed and
delivered on this TIP day of • __ ,,--y ,2019.
TENANT:
ATTEST: BOARD OF CO ,TY COMMISS a , ERS
CRYSTAL K. KINZEL, Clerk COLLIER C T ,FLORID,
/
m
}
BY: '(1l-'lilA / 41erk
, BYf /, $ 'D SOLIS, Chairman
Ats to rA
signature only.
Approved as to form and legality:
CXJR_ __
Jenni A. Belpedio ,�
a- \�
Assistant County Atto y ;\�
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Signed, sealed and delivered in LANDLORD:
the presence of:
KRAFT OFFICE CENTER, LLC
A Florida limited liability company
pm�J.: t tsh QO By: 0(.. dAls.47
Name:�Jet/A dine_ a rj(hceni-x.65 ...--. Q ,,�w T �.
Name: /H-D~s n• ('4C `
jZ Title: Vacs. 024...s ,
Name: V1... ' ,ueA‘
STATE OF lox,A - )
)SS:
COUNTY OF o 1Ik e'r )
�iJem -
Th foregoinginstrument as acknowledgeShbefore me this 7, day of � ,
2Q18. by w� )I , as V. if, ,,v ,,r of 1=""Na-i--t-
, on behalf of and as an act of the ho is
personally known to me or h s produced a as identification
)
�i ,,_
Print or 'Tamp a � _
Notary Public, Stak-• ..... :. 3
Commission No.: �tj• ,�o Exsires June 22,2019
My Commission E N11 `''''. Bonded T!w Troy Fain insurance`4385-709
EXHIBIT 'A' Lease# 1 b C b
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this 12th day of December, 2017, 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 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 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 Premises,
LESSEE will provide to LESSOR all proposals and plans for alterations, improvements,changes or additions
to the Demised Premises for LESSOR'S prior written approval, specifying in writing the nature and extent of
the desired alteration, improvement, change, or addition, along with the contemplated starting and
completion time for such project. LESSOR or its designee will then have sixty (60) days within which to
approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall
not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or
additions proposed by LESSEE. If after sixty (60) days there has been no written rejection delivered by
LESSOR to LESSEE regardingrsaid 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 shalt 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
2
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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 shalt 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
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16C6
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:
LESSEE: LESSOR: SUN/4,if fi- 61114p/Ll,f,,,
Board of County Commissioners
clo Real Property Management 1500 5th Avenue South,Suite I l 1
3335 Tamiami Trail East Naples,Florida_41-l-4 02,
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 for
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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16C6
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
DA"I ED; 12-to•t'
BY: 77"
.111111111111. Signature
..�. i
Title .40
_sietaLCI One
print name
t.WI S (signature)
print name
I.FSSEE's signature appears on the following page.
16C6
AS TO THE LESSEE:
DATED: / •7 `� / J BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST:
D GHT E.BRaCK, Clerk
f h BY: �1�I./ _�s�ts`
eputy C 1 p`` 3 PENNY TAY i' , airm
A - •fasto airmans
signaturp,o4 "3
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Approved as to form and legality:
1111111 SP. :It l'
Jennifer . :elpedio, Asst County Attorney
6
■
16C6
Exhibit 'A'
Suite 201
3530 Kraft Road
Naples, Florida 34105
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