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Agenda 07/09/2019 Item #16D 9 (Resolution - Friends of Marco Island Flotilla 9-5, Inc.)07/09/2019 EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign the Long-Term Lease Agreement and with the Friends of Marco Island Flotilla 9-5, Inc. and Resolution which will enable the Friends to continue to teach boater safety education to Collier County residents and visitors at Caxambas Park. OBJECTIVE: To provide a public service related to boater safety and education in Collier County. CONSIDERATIONS: The Board of County Commissioners (Board) through the Parks and Recreation Division has a long-standing lease agreement with the Friends of Marco Island Flotilla (Friends) to provide a variety of public service activities. Included in these activities and the primary purpose of the Friends is to provide boater education and safety instruction to visitors and residents. The County is building a new public community center at Caxambas Park. The Friends have committed to providing $70,000 in funding toward the community center and for the build -out of a radio room, office, and storage room for their exclusive use. The County will dedicate these three (3) rooms to the Friends for their exclusive use. The existing Marco Island Flotilla, Inc. Lease Agreement dated October 25, 2016, will be superseded by and shall terminate upon execution of this agreement. Minor changes to the Agreement from the prior agreement include the amount of funding being provided by the Friends group and lease of specific areas of the Community Center versus leasing outright the modular facility contemplated in the original lease. FISCAL IMPACT: This Standard Form Long-Term Lease Non-For-Profit provides for $1 per annum rent to the County. The building is being constructed with Fund (345) Park Impact Fees and will be maintained as part of the Parks and Recreation building inventory by Facilities Management. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action. LEGAL CONSIDERATIONS: This Item is approved as to form and legality and requires majority vote for approval. -CMG RECOMMENDATION: To approve and authorize the Chairman to sign the Long-Term Lease Agreement with the Friends of Marco Island Flotilla 9-5, Inc. and Resolution which will enable the Friends to continue to teach boater safety education to Collier County residents and visitors at Caxambas Park. Prepared By: Matthew Catoe, Operations Analyst, Parks and Recreation Division ATTACHMENT(S) 1. Resolution for Flotilla 9-5 (PDF) 2. Long-Term Lease - Friends of Marco Island Flotilla 9-5 (PDF) 16.D.9 Packet Pg. 1478 07/09/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.9 Doc ID: 9277 Item Summary: Recommendation to approve and authorize the Chairman to sign the Long-Term Lease Agreement and with the Friends of Marco Island Flotilla 9-5, Inc. and Resolution which will enable the Friends to continue to teach boater safety education to Collier County residents and visitors at Caxambas Park. Meeting Date: 07/09/2019 Prepared by: Title: Operations Analyst – Parks & Recreation Name: Matthew Catoe 06/07/2019 3:37 PM Submitted by: Title: Division Director - Parks & Recreation – Parks & Recreation Name: Barry Williams 06/07/2019 3:37 PM Approved By: Review: Parks & Recreation Barry Williams Additional Reviewer Completed 06/07/2019 3:52 PM Parks & Recreation Ilonka Washburn Additional Reviewer Completed 06/17/2019 9:06 AM Facilities Management Toni Mott Additional Reviewer Completed 06/27/2019 9:44 AM Public Services Department Kimberley Grant Level 1 Reviewer Completed 06/27/2019 9:57 AM Public Services Department Todd Henry Level 1 Division Reviewer Completed 06/27/2019 1:10 PM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 06/28/2019 7:02 AM County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 06/28/2019 9:17 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/28/2019 11:43 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2019 11:54 AM Budget and Management Office Ed Finn Additional Reviewer Completed 06/28/2019 1:36 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 06/28/2019 2:54 PM Board of County Commissioners MaryJo Brock Meeting Pending 07/09/2019 9:00 AM 16.D.9 Packet Pg. 1479 16.D.9.a Packet Pg. 1480 Attachment: Resolution for Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) 01 COLLIER COUNTY STANDARD FORM LONG‐TER詢 l LEASE NOT‐FOR‐PROFIT ENTITY This Long‐Ten■Lcase(hereina■er rcfcrred to as t・ Lease'')is entered into this_____day ,2019,by and betWeen FRIENDS OF MARCO ISLAND FLOTILLA 9‐5,NC, a not for profit corporation duly organized under the laws of Floridq whose mailing address ts P.O. Box 9M, Marco Island, Florida 34146, hereinafter refened lo as "Lessec", and Collier County, a political subdivision of the State of Florida, in care of Real Property Management whose mailing address is 3155 East Tamiami Trail, Suite l0l, Naples, Florida 34112, hereinafter referred to as "Lessor," collectively stated as the "Parties." RECITALS: WHEREAS, Florida Statutes Section 125.38 provides that if a corporation or other oryanization not for prolit which may be organized for the purposes of promoling community inlerest and wclfare, should desirc any real or personal prop€rty that may bc owned by any county of this state or by its board of county commissioners, for public or community interest and welfare, then such corporation or organization may apply to the board of county commissioners for a conveyance or lease of such property, and that such board, if satisfied that such properly is rcquired for such use and is not needed for county purposes, may thcreupon convey or lease lhe same at private sale to thc applicant for such price, whclher nominal or otherwise, as such board may fix, rcgardless ofthe actual value ofsuch property; and WHEREAS, Lessee, a duly organized nol-for-profit corpontion, has applied to the Board of County Commissioners for a Lease of certain property which the Board has determined is not prcsently needed for County purposes; and WHEREAS, the Friends of Marco Island Flotilta 9-5, Inc., primary purpose is to teach boater safety to Collier County residents and visitors; and WHEREAS, the Friends of Marco Island Flotilla 9-5, Inc. have committed to $70,000 funding toward the build out of a radio room, olTice, and slorage room for their exclusive usei and WHEREAS, the County will dedicate an area to use as a radio room, officc, and storage room and authorize the Friends to use the community meeting room for training purposesl and; WHEREAS, the County will dedicate three rooms to the Friends of the Marco Island Flotilla 9-5 lbr their exclusive use as a radio room, office, and storage room and authorize the Friends to use the community meeting room for training purposcs; and WHEREAS, the County will authorize the Friends to name rhe radio room, office, community meeting room. and audio visual equipment to the Lessee for the sum of$30,000 that will be used to offset the cost of building the community center and an additional $40,000 to |“‐PKR01口 3ハ ・I11605′ll Page I of 13 16.D.9.b Packet Pg. 1481 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) offset costs associated with fumishing and establishing the storage area, offtce and radio room for a total contribution ofthe Friends of Marco Island Flotilla 9-5, Inc' of$70,000; and WHEREAS, Board's finds that it is in the public interest to lease this ptoperty, lhree dedicaled rooms, to Lessee on the terms and conditions set fonh below; and WITNESSf,TH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the Parties, and in consideration of the covcnants contained herein. the Parties hereby cnter into this Lease on the following tcrms and conditions: l. Convevance. On the terms and conditions set forth in this Lease, and in consideration of Lessee's performance under this Lease, the Lessor conveys lo lhe Lessee the prcsent possessory interest in the Leased Prcmises described below. This Long-Term Lease supersedes the October 25. 2016 Lease Agreement and anv and all other scr€ements between the Parries. 2. Description of Leased Premises. The Leased Premises which is the subject of this Lease are three dedicated rooms within lhe community center building to be designed and buitt within Caxambas Park, Marco Island, FL 34145, Collier County, Florida, with a description set forth in Exhibit "A," hereinaffer refened to as the "Premis€s" including sccess to shared public mecting rooms and public parking areas in Caxambas Park. 3. Conditions to Conveyance. Lessee warrants and represents to Lcssor that it hss examined the title and boundaries ofthe Premiscs. Accordingly, this conveyance is subject to all of the following: a. Any and all conditions, restrictions, encumbrances and limitations now recorded against the Premises; b. Any and all existing or future zoning laws or ordinances; c. Any questions of title and survey that may arise in the future; and d. Lessee's satisfactory performance ofall terms and conditions ofthis Lease. 4. Use of Premises. The purpose of this Lease is for the operation of a Coast Guard Auxiliary Facility identified as United States Coast Guard Auxiliary Flotilla 9-5, which has a primary purpose lo teach boater safety to Collier County residents and visitors, which use the Board of County Commissioners has found to be in the public's intercst. Accordingly, Lessee shall utilize the Leased Premises in strict accordance with Exhibit "B." Lessor shall have the right to terminate this Lease should Lessee utilize the Premises in any manner inconsistent with the approved use. In the event Lessee shall cease to use the Premises for the purposes describcd in Exhibit "8." and such cessation of use shall continue for a period of sixty (60) days. this Lease. at the option of the l-essor. upon lhirty (30) days written nolice to the Lessee, shall be terminated and Lessee shall surrender and vacate the Premises to the Lessor wiftin thiny (30) days after notice of such termination. Provided, however, said sixty (60) day period shall be tolled ifsuch cessation is caused by events bcyond the control ofthe Lessee such as acts of God I“‐PKR ll∥13′111!605′11 Page 2 of 13 16.D.9.b Packet Pg. 1482 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) or if such cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on the Leased Premises. 5. Permissible Aherations and Additions to Premises. Lessee may not make any alteralions or additions to the Leased Premises includine sienace or other exterior features without obtaining Lessor's prior uritten consent, which consent may be withheld in Lessor's sole discretion. Lessee shall submit to Lessor plans and specilications for all alterations and additions at the time Lessor's consent is sought. 6. Term of Lease. The rerm of this Lease shall commence on lhe date first above witten, and unless terminated earlier by the Parties, shall terminate on the 30s year anniversary date of this Lease. There is no option to renew. If Lessee holds over after the expiration of the lease term, such tenancy shall be from month to month under all of the terms, covenants and conditions of this Lease subject, horvever, to Lessor's right to seek legal relief to eject Lessee from the Premises as a holdover. 7. Rent. The Lessee agrees to pay the Lessor the sum of $1.00 per annum, in advance, for each year of the term. lntentionallv stricken: 8, *r-' I ^^-^ This is a folly net leese; with [,es-ee re-pensible fer ell eests; fees erd imn6€t l-eld t esser hamless frerr srly and ageinst tesser by reasen ef [+ssee's use of the Premiseq lrslee Iy agreed howovor that I essor mo}.at itr own e€uase}ef.it+€hoosine is€s-^tt pemon, ia imDrevements mad if,t:E iyen pursuentte ttrc previsiens etaltd 10. Lessee's Oblieation to Maintain Prcmises and Comply wirh All Lawful Requirements. I-essee. throughout the term of this Lease, al its own cost, and without any expense to the Lessor, shall keep and maintain the designated Premises in good, sanitary and neal order. condition and repair, and shall abide with all lawful requiremenls. Such maintenance and repair shall include, but nol be limited to, painting, janitorial, fixrures and appurtenances (lighting, heating. plumbing, and air conditioning). Such repair may also include slructural ○ l01.PKR4l I ll/t44 r605/r l Page 3 of 13 16.D.9.b Packet Pg. 1483 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) repair, if deemed necessary by the Lessce. If the Premises are not in such compliance in the reasonable opinion of Lessor, Lessee will be so advised in writing. If corrective action is nol begun within thirty (30) days of the r€ceipt of such notice and prosecuted diligently until corrective action is completed, Lessor may cause the same to be corrccted and Lessce shall promptly reimburse Lessor for the expenses incurred by Lessor, together with a 5% administrative fee. I l. Ouiet Eniovment. Lessee shall be entitled to quiet enjoyment so long as Lessee has not defaulted on any ofthe terms of this Lease. Accordingly, Lessee shall have the exclusive right to use the Premises (radio room, storage room, and office) during the term of this Lease. hning the term of thi.r teoe *t+pptieoblcaoMif,an€€s' 12. Casualtv and Condemnation a. Casualty. If the Premises are destroyed, rcndercd substantially uninhabiable, or damaged to any material extent, as reasonably determined by Lessee and Lessor, by fire or other casuahy, and Lessee must use the insurance proceeds, hercinaftcr refencd to as "Proceeds," to rebuild or rcstore the Premises to substantially its condition prior to such casualty event unless the Lessor provides the Lessee with a written determination that rcbuilding or resloring the Premiscs to such a condition with the Proceeds within a reasonable period of time is impracticablc or would not be in the best interests ofthe Lessor, in which event, Proceeds shall be promptly remitted to Lessor. If the Lessor elects not to repair or replace the improvements, then Lessee or Lessor may terminate this Lease by providing notice to the other party within ninety (90) days after the occurrence of such casualty. The termination will be effective on the ninetieth (90th) day after such fire or other casualty, unless extended by mutual written agrcement of the Parties. During the period between the date of such casualty and the date of termination. Lessee will cease its op€rations as may be necessary or appropriate. lfthis Lease is not terminated as set fonh herein, or ifthe Premises is damaged to a less than material extent, as rcasonably determined by Lessee and Lessor, Lessee will proceed with reasonable diligence, at no cost or expense to Lessor, to rcbuild and repair the Premises to substantially lhe condition as existed prior to the casualty. b. Condemnation. Lessor may ierminate this Lease as part of a condemnation project. Lessor will use its best efforts to mitigate any damage caused to Lessee as a result of such terminalion; however, in no event will Lessor be liable to Lessee for any compensation as a result ol such termination. 13. Access to Premises. Lessor, its duly authorized agenls, conlractors, representatives and employees, shall have the right after reasonable oral notice to Lessee, to enter into and upon the Premises during normal business hours, or such other times with the consent of Lessee, lo inspect the Premises, verify compliance with the terms of this Lease, or make any required repairs not beinB timely completed by Lessee.Q104・ PKRO口 l夕 1“1605′l〕Page 4 of 13 16.D.9.b Packet Pg. 1484 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) 14. Termination and Surrender. Unless otherwise mutually agreed by the Parties, within thirty (30) days after termination of the lease term, Lessee shall redeliver possession of the Prcmises to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Premiscs to remove any of its personal property, equipment, and signs provided, however. at the terminalion of this Lease, Lessor shall have the option of either requiring Lessee io demolish and remove all improvements made by Lessce to the Premises upon Lessee's vacation thereol, or to require Lessee to retain said improvements with fixtures on the Premises which improvements and fixturcs will become the property of the Lessor upon Lessee's vacation of the Premises. 15. Assisnment. This Lease is penonal to Lessee. Accordingly, Lessee may not assign this Lease or sublet any portion of the building constructed on the Premises by Lessec without the express prior wrinen consent of the Lessor, which consent may be withheld in Lessor's sole discretion. Any purported assignment or sublet without the expr€ss written cons€nt of Lessor shall be considered void from its inception, and shall be grounds for the immediate termination of this Lease. Lessor may frcely assign this Lease upon wrinen notice to Lessee. 16. lnsurance. a. Lessee shall provide and maintain a Commercial Gencral Liabiliry insurance policy, approved in writing by Lessor and the Collier County Risk Management Department, for not less than One Million and 00/100 Dollan ($l,000,000.00) combined single limits during the term ofthis Lease. Ifsuch amounts arc less than good insurance industry practice would require, Lessor reseryes the right to increase these insurance limits by providing Lessee with at least sixty (60) days' advance notice to do so. b. ln addition, if applicable and required by law, Lessee shall provide and maintain Worker's Compensation Insurance covering all employees meeting the then existing Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employefs Liability with a minimum limit of One Hundrcd Thousand and 00/100 Dollan ($100,000.00) pcr each accident. If such amounts are less than good insurance industry practice would require, Lessor reserves the right to incrcase these insurance limits by providing Lessee with at least sixty (60) days'advance notice to do so. c. Lessee shall also maintain sundard fire and extended covcrage insurance on the additions and improvements located on the Prcmises and all of Lessee's prcperty located on or in the Premises including, without limitation, fumirurc, equipment, fittings, installations, fixtures (including removable tradc fixtures), penonal property and supplies, in an amount nol less than the then-existing full rcplacement value. d. If applicable and requircd by law, Business Automobile Liability Insurance, and Business Boat Liability lnsurance, for automobiles and boats used by Lessee in the course of its performance under this Lease, including Employer's Non-Ownership and Hired Auto Coverage, each said policy in amounts of One Million and 00/100 Dollars ($ I,000,000.00) combined single limit per occulrence. If such amounts arc less than ヽヽ_ン.104-PxR-0t I Ilr t.l,r t6ot/l I Page 5 of 13 16.D.9.b Packet Pg. 1485 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) good insurance practice would require, Lcssor reserves the right to increase these insurance limits by providing Lessee with at least sixty (60) days'advance nolice to do so. e. If applicable and required by law, Pollution Liabilily insurance covering the accidental discharge and clean up of pollutants shall be maintained by the lrssee in an amount of not less than Five Million and 00/100 dollars ($5,000,000) per occurrence. Such coverage shall cover third party liability and clean up coverage. f. Lessor shall be named as an additional insured on the Commercial General Liability insurance policy. Lessor shall also be added as an additional insured on the Propeny lnsurance policy as their interest may appear. The above-described insurance policies shall list and continuously maintain Lessor as an additional insured thercon. Evidence of such insurance shall be provided to Lessor in care of Real Property Management. 3335 Easr Tamiami Trail, Naples, Florida, 34112, for approval prior to the commencement of this Lease; and shall include a provision requiring not less than tcn (10) days prior written notice to Lessor in the event of cancellation or changes in policy(ies) coverage. If such amounts are less than good insurance practice would require. Lessor reserves the right to reasonably amend their insurance requircmcnts by issuance of notice in writing to Lessee, whereupon receipt of such notice Lessec shall have thirty (30) days in which to obtain such additional insurance. The issuer of any policy must have a Certificate of Authority to transact insurance business in the State of Florida and must be rated "A" or better in the most currcnt edition of Best's Insurance Reports. Each insurer musl be responsible and reputable and must have financial capacity consistent with the risks covered. Each policy must contain an endorsement to thi effect that the issuer waives any claim or right of subrogation to recover against Lessor, its employees, rcpresentatives and agents. g. Failure to continuously abide with all of these insurance provisions' if applicable and required by law. shall be deemed to be a material breach of this Lease and Lessor shall have the remedies sel forth below. 17 . lndemnification. To the maximum extent permitted by Florida law, the Lessee shall indemnify and hold harmless Collier County, is officers and employees from any and all liabilities. damages, losses and costs, including, but not limited to, rcasonable attomeys' fees and paralegals' fees, to the extent causd by the negligence, recklessness, or intentionally wrongful ionduit of the Lessee or anyone employed or utilized by the Lessee in fte performance of rhis Agreemenr. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person deicribed in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. The loregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes' Ifi.PKR{}r r D/1441605/ll Page 6 of l3 16.D.9.b Packet Pg. 1486 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) 18. Defaults and Remedies. a. Defaults by Lessee. The occurrence of any of the following evcnts and thc expiration ofthe applicable cure period set forlh below without such event being cured or remedied will constitute a "Default by Lessce " to the grcatest extent then allowed by law: i. Abandonment ofPremises or discontinuation of Lessee's operation. ii. Lessee's material misrepresentation ofany maner related to this Lease. iii. Filing of insolvency, reorganization, plan or arrangement of bankruptcy. iv. Adjudication as bankrupl. v. Making ofa general assignment for the benefit of crcditors. vi. If Lessee suffers this Lease to be taken under any writ ofexecution and/or other process of law or equity. vii. Lessee's loss of its federal IRS tax exempt status. viii. Lessee's failure to utilize the Premises as set forth in Exhibit B. b. Any lien is filed against the Prcmises or Lessee's intercst therein or any part thereof in Yiolation of this Lease, or otherwise, and the same rcmains unreleased for a period of sixty (60) days from the date of filing unless within such period Lessee is contesting in good faith the validity of such lien and such lien is appropriately bonded. Failure of Lessee to perform or comply with any material covcnanl or condition made under this Lease, which failure is not cued within ninety (90) days from receipt of Lessor's wrinen notice stating the non- compliance shall constilute a default (other than those covenants for which a different cure period is provided), whereby Lessor may, at its option, terminate this Lease by giving Lessee thirty (30) days wrinen notice unless the default is fully cured within that thirty (30) day notice period (or such additional time as is agrced to in writing by Lessor as being reasonably required to conect such default). However, the occurr€nce of any of the events set forth above shall constitutc a material breach and default by Lessee, and this lrase may bc immediately tcrminated by Lessor except to the extent then prohibited by law. Remedies of Lessor. ln the event of the occurrcnce of any of the foregoing defaults, Lessor, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all individuals, entities and/or property from the Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Lessee, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. If Lessee does not cure the defaults in the time fiames as set forth above, and Lessor has removcd and storcd property, Lessor shall nol b€ rcquircd to store for motr lhan thirty (30) days. After such time, such property shall be deemed abandoned and lX [04.PKR.01 I I ]/l4,ll60r/ I l Page 7 of 13 16.D.9.b Packet Pg. 1487 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) ll. Lessor shall dispose of such property in any manner it so chooscs and shall not be liable to Lessce for such disposal. If Lessee fails to promptly pay, when due, any full installment of rcnt or any other sum payable to Lessor under this Leasc, and if said sum remains unpaid for morc than five (5) days past the due date, the Lessee shall pay Lessor a late payment charge equal to five percent (5%) of each such payment not paid promptly and in full when due. Any amounts not paid promptly when due shall also accrue compounded intercst of two (2%) percent per month or the highest interest rate then allowed by Florida law, whichever is higher ("Default Rate"), which interest shall be promptly paid by Lessee to Lessor. Lessor may sue for dircct, actual damages arising out of such dcfault of Lessee or apply for injunctive relief as may appear necessar,v or desirable to enforce the performance and observance of any obligation. agreement or covenant of Lessee under this Lease, or otherwise. Lessor shall be entitled to reasonable attomeys fees and costs incurred arising out of Lessee's det'ault under this Lease. c. Default by Lessor. Lessor shall in no event be charged with default in the performance of any of its obligations hereunder unless and until Lessor shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after written notice to Lessor by Lessee properly and in meaningful detail specifying wherein. in Lessee's judgment or opinion, Lessor has failed to perform any such obligation(s). d. Remedies of Lessee. In partial consideration for the nominal rent charged lo Lessee, Lessee hcreby waives any claim it may have to direct or indirect monetary damages it incurs as a rcsult of Lessor's breach of this Lease, and also waives any claim it might have to anorneys' l'ees and costs arising out of Lessor's breach of this Lease. Lessee's remedies for Lessor's default under this Lease shall be limited to the following: i. For injunctive relief as may appear necessary or desirable to enforce the performance and observance of any obligation, agreement or covenant of Lessor under lhis Lease. ii. Lessee may cure any default of Lessor and pay all sums or do all reasonably necessary work and incur all rcasonable cosls on behalf of and at the expense of Lessor. Lessor will pay Lessee on demand all rcasonable costs incurred and any amounts so paid by Lessee on behalf of Lessor, with no interest. e. No Remedv Exclusive. No remedy herein conferred upon or reserved to either party is intended to be exclusive ofany other available remedy or remedies, but each and every such remedy will be cumulative and in addition to every other remedy given under this Lease or hereafter existing under law or in equity. No delay or omission to exercise 104-PKR-0r r D 44l@J/lI Page 8 of 13 16.D.9.b Packet Pg. 1488 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) any right or power accruing upon any event ofdefauh will impair any such right,or power noi bJconst-"d to be trai-red. but any such right and power maybc exercised fiom time to time and as often as may be deemed expedient f.Non.Waiver.EveryprovisionhercolimposinganobligarionuponLesseeisa material inducement and consideration for the execution of this Lease by Lessee and Lessor. No waiver by Lessee or Lessor of any breach ofany provision of this Lcase will be deemed for any purpose to be a waiver of any breach of any other provision hertof or of any continuing or ruuraqu.nr breach of the same provision, irrcspective of the length of time that the respeclive breach may have continued' g. Termination. Lessor reserves the right to terminate this Lease with 90 days noiice olthe properry or premises are rcquircd for a County purpose' Miscellaneous Legel Mrtters 19. This Lease shall be construed by and controlled under the laws of the State of Florida. In the event of a dispute under this Lease, the Parries shall first use the County's then- currcnt Altemative Dispute Resolution Procedure. Following the conclusion of this procedure, ;tth;; ily ;;, lit. an acrion in rhe Circuit Courr oiCollier County to enforce the terms of this Lease,'which Clurr the Parties agree to have the sole and exclusive jurisdiction. 20. This Lease conBins the entirc agreement ofthe Parties with respect to the matteB covered by this Lease and no other agrrement, statemenl or.promise made to any pany' or to any ,.p1"y"., .ir".r or agent of any party, which-is not contained in this Lease shall be binding or ,utia-'f i*. is of the eisence in ihe doing, performance and observalion of each and every term, covenant and condition of this Lease by the Parties' 21. ln the event state or federal laws are enacted after the execution of this Lease' which are appticable to and preclude in whole or in part the Parties' compliance with the tems of this Lease. then in such event this Lease shall be modified or revoked as is necessary to comply with such laws, in a manner which best reflects the intent of this Lease. 22.Exceptasotherwiseprovidedherein,thisLeaseshallonlybeamendedbymutual written consent ofthe Parties heretoor by their successors in interest' Notices hereunder shall be gi".i io tfr. Parties set forth below and shall be made by hand delivery, facsimile, ovemight ;;itrd ;;ty ;;gular mail. If given by regular mail, lhe notice shall be deemed to have been ei"Li;r,htil re{uired time if diposired in the U.S. Mail. postage prepaid, within the time limit' F", it. prrp"r. of calcularing time limits which run from the giving of a particular nolice the time shait be calculated from actual rcceipt ofthe notice. Time shall run only on business days whrch.tbrpurposesofthisLeaseshallbeanydayotherthanassturdsy.Sundayorlegalpublic holiday. Notices shall be addressed as follows: Rcal Propcny Managemcnt 3335 East Tamiami Trail,Suite 101 Naples,Florid3 34112 Page'of 13 If to Lessor: 〔∝‐PKRつ 1'13′1441605“I16.D.9.b Packet Pg. 1489 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) If to Lessee: Dircclor, Parks and Recreation Department 15000 Livingston Road Naples FL 34109 Friends of Marco Island Flotilla 9-5. Inc. P.O. BOX 904 Marco Island, Florida 34146 Notice shall be deemed to have been given on the next succcssive business day to the date of the courier waybill ifsent by nationally rccogrized ovemight delivcry service. 23. Lessee is an independent contractor and is not any agent or reprcsentative or employee of Lessor. During the term of this Lease, ncithcr Lessee, nor anyone acting on bchalf of Lessee, shall hold itself out as an employee, s€rvant, rcpresentative or agcnt of Lessor, Neither party will have the right or authorily to bind the other party without express written authorization of such other party to any obligation to any third party. No third pany is intended by the Parties to be a beneficiary of this Lease or to have any rights to enforce this Lease against either party hereto or otherwise. Nothing contained in this Lease will constitute &e Parties ss partners or joint ventur€s for any purpose, il being the express intention of the Parties that no such partnership or joint venture exists or will exist. Lessee acknowledges that Lessor is not providing any vacation time, sick pay, or other welfare or retirement benefits normally associated with an employee-employer relationship and that Lessor excludes Lessee and its employees from participation in all health and welfare benefit plans including vacation, sick leave. severance, life, accident, health and disability insurance. defened compensation, retiremenl and grievance rights or privileges. 24. Neither party to this Leas€ will be liable for any delay in the performance ofany obligation under this Lease or ofany inability to perform an obligation under this Lease ifand to the extent lhat such delay in performance or inability to perform is caused by an event or circumstance beyond the reasonable control of and without the fault or negligence of the party claiming Force Majeure. "Force Majeure" shall include an act of God, war (declared or undeclared), sabotage, riot, insurrection, civil unrest or disturbance, military or guerrilla action, economic sanction or embargo, civil strike, work stoppage, slowdown or lock-out, explosion, fire, earthquakc, abnormal weather condition, hurricane, flood, lightning, wind, drought, and the binding order ofany govemmental authority. 25. Lessee will not tnrnsport, use, storr. maintain, genemte, manufacturc, handle, dispose, release or discharge any Hazardous Materials upon or about the Leased Premises, nor permit employees, representatives. agents, contractors, sub-contractors, sub-sub.contractors, material men and./or suppliers to engage in such activities upon or about the Leased Premises. 26. 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 suflicient quantities, may pres€nt health risks to pcrsons who are exposed to it over time. Levels ofradon that exceed federal and state guidelines have becn found [04-PKR4Il r]/r44r605/r I Page l0 of 13 O 16.D.9.b Packet Pg. 1490 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. 26. Lessee shall execute this Lease prior to it being submitted for approval by the Board of County Commissioners. This Leasc may bc recordcd by the County in the Oflicial Records of Collier County, Florida, within fourteen (14) days after the County enters into this Lease, at Lessee's sole cost and expense. IN WITNESS WHEREOF, the Lessee and Lessor have hereto executed this Lease the day and year first above writlen. AS TO THE LESSEE: By:B、 AS TO TIIE LESSOR: Al~「EST: CRYSTAL KINZEL.Clcrk , Deputy Clerk BOARD OF COUNTY COMMISS10NERS COLLIER COUNTY,FLORIDA W L McDaniel,Jr,CHAIRMAN FRIENDS CO ISLAND FLOTILLA itness (signature) Assistant County Anomey I“‐PKR llll!〕 ““ 160S′11 Page ll of 13 itness (si (Print name) 16.D.9.b Packet Pg. 1491 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) EXHIBIT｀A' [InSert Legal DcscHption] woodi 螂 融 ‐●鏡 I 104‐PKR・ 01113′1441605/11 Page 12 of13 16.D.9.b Packet Pg. 1492 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5) lEXHIBIT..B" - ADDENDUM The existing Marco Island Flotilla" Inc. Lease Agreemenr dared October 25, 2016, shall terminate upon execution of this Lease by the Lessor. Utilities: The Friends of the Marco Islaad Flotilta shall be responsible ro pay for a pro rata share ofthe utilities, to wit: 570 of the total amount of the electric utility. Paragraph 10, Lessee's Obligation, is amended as follows: 10. Lessee's Obligation to Maintain Premises and Comolv with All lawful Requirements. Lessee, throughout the term of this Lease, at its own cost. and without any expense to the Lessor, shall keep and maintain the desiqrated Premises in good, sanitary and neat order, condition and repair, and shall abide with all lauf.rl requirements. r€eei@ uatit eorreetiye rc I esser may eeuse the Intentionally stricken: '1, lessee shall-+lbw the Trainint Reem at the Prsmis€s te b€ us€d by leeel ner prefit er -evemg €ntot groups "ubj6et ins bl tlre pa*r ord 5. The Lessee is requircd to maintain the VHF antenna currenlly located behind the building. If the relocation of the antenna is rcquired, the Lessee agrees to pay for the cost ofrelocation and any additional mainlenance at ils sole expense. 6. Lessee shall surrender possession of and ownership of its portion of the Premises to the Lessor at the termination of this Lease. 7. Lessee shall have the right to use the Premises, including thc unlimited righl to access the designated Premises and Caxambas Park in which it is located, at all times.6104‐PKR‐01:13′1“1∞54〕Page 13 of13 16.D.9.b Packet Pg. 1493 Attachment: Long-Term Lease - Friends of Marco Island Flotilla 9-5 (9277 : Lease Agreement - Friends of Marco Island Flotilla 9-5)