Agenda 07/28/2009 Item #16E 6Agenda Item No. 16116
July 28, 2009
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to Lease Agreement with Gerald
T. and Catherine L. Berry for the continued use of office space used by the
Clerk's Office at a cost of $39,323.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to enter
into a First Amendment to Lease Agreement with Gerald T. and Catherine L. Berry for the
continued use of office space being used by the Clerk's Finance Department until their new
office is completed within the Administration Building at the Government Center,
CONSIDERATIONS: Since June 14, 2002, Collier County has utilized leased office space
located at Court Plaza III, 2671 Airport Road, Suite 301. The office was originally leased for a
training room used by the Information Technology Department and later assigned to the Clerk's
Office for their Finance Department.
The Amendment is extending the lease for an additional year with the right to terminate the
lease, with or without cause, by providing thirty days prior written notice to the landlord. The
office, as stated above, will relocate to the Administration Building at the main Government
Center once the renovation for that office is completed. It is anticipated that this Lease will be
terminated in December of 2009 as part of the County's program to collapse most of their office
leases.
The County will be responsible for all monthly communications and electricity costs pertaining to
the operation of the subject property. The landlord will be responsible for all costs related to
water consumption, sewer fees, building maintenance, landscaping, irrigation, air - conditioning,
and plumbing systems.
FISCAL IMPACT: The monthly rent of $5617.55 will be withdrawn from the Facilities
Management Operating Fund (001- 122240 - 644100). The County anticipates terminating this
lease in December of 2009.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATION: The proposed First Amendment to Lease Agreement is legally
sufficient for Board action. This item is not quasi - judicial, and as such ex parte disclosure is not
required. This item requires majority vote only. — JBW
RECOMMENDATION: That the Board approves and authorizes the Chairman to execute the
attached First Amendment to Lease Agreement.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services,
Facilities Management Department
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Agenda Item No. 16E6
July 28, 2009
Page 2 of 3
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E6
Item Summary:
Recommendation to approve a First Amendment to Lease Agreement with Gerald T. and
Catherine L. Berry for the continued use of office space
used by the Clerks Office at a cost of
$39,323.
Meeting Date:
7/28/2009 9:00:00 AM
Prepared By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
7/912009 1 :08:24 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
7/1312009 8:49 AM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
7/15/2009 4:58 PM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
7116/2009 8:47 AM
Approved By
Jeff Kiatzkow
County Attorney
Date
County Attorney
County Attorney Office
7/1612009 10:38 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
711612009 1:20 PM
Approved By
OMB Coordinator
OMB Coordinator
Date
County Manager's Office
Office of Management & Budget
7/1612009 3:53 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/20/2009 12 :08 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
County Manager's Office
7/2012009 2:41 PM
Commissioners
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Agenda Item No. 16E6
Lease #889July 28, 2009
Page 3 of 3
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of
2009, between Gerald T. Berry and Catherine L. Berry whose mailing address is 367 Ridge Drive, Naples,
Florida 34108, hereinafter referred to as "LESSOR ", and COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter
referred as "LESSEE ".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
WHEREAS, LESSOR and LESSEE have previously entered into Lease Agreement dated June 14, 2002, and
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement, and
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease
Agreement, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby
amended as follows:
1. If this Lease Agreement is not terminated prior to scheduled expiration date therein, the Lease
Agreement shall renew automatically for an additional twelve (12) months commencing on June 14, 2009,
hereinafter referred to as the "Extended Term ". Tenant shall be granted the right to terminate the Lease,
however, at any time, by providing the Landlord with thirty -day written notice.
2. Except as expressly provided herein, the Lease Agreement between Gerald T. Berry and Catherine L.
Berry and Collier County, a political subdivision of the State of Florida, for the utilization of the Demised
Premises described in said Lease Agreement dated June 14, 2002, 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 LESSOR and LESSEE have hereto executed this First Amendment to
Lease Agreement the day and year first above written.
AS TO THE LESSEE:
DATED:
ATTEST:
DWIGHT E. BROOK, Clerk
BY:
Deputy Clerk
AS TO THE LESSOR:
WITNESSES AS TO BOTH:
DATED: 7 7 0 q
Witness (Sig' ure)
GAL S, Aidre(js
(Print Name)
Witness (Signature)
C�
(Print Name)
Approved as to form and legal sufficiency:
Jennifer . 'hite, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chairman
BY: A� r _
GERALD T. BERRY (Co -Less )