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Backup Documents 07/28/2009 Item #16D17 ORIGINAL DOCUMENTS CHECKLIST & ROUTINcls6:*1 17 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 . Route to Addressee(s) Office Initials Date (List in routin order 1. 2. 3. 4. Colleen M. Greene, Assistant County County Attorney 09/10/09 Attorney 5. Ian Mitchell Board of County Commissioners '3/to o~ 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Marilyn Matthes Phone Number 593-3511 Contact Agenda Date Item was July 28, 2009 Agenda Item Number 16-0-17 Approved bv the BCC Type of Document Senior Resour<q Center Lease and Number of Original Lease - 2 Attached Resolution \ 7...- Documents Attached Resolution - I INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is appropriate. \. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Office and N/A all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the document or CMG the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and CMG initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. 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 our deadlines! 6. The document was approved by the BCC on 07/28/09 and all changes made during the meeting CMG have been incorporated in the attached document. The County Attorney's Office has reviewed the chan es, if a licable. 1: Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 <<matter _ numbeD>! <<document_numbeD> 16 D 17 MEMORANDUM Date: September 15,2009 To: Marilyn Matthes, Director Collier County Public Library From: Ann J ennej 000, Deputy Clerk Minutes & Records Department Re: Resolution 2009-182: Authorizing (by Resolution) the Chairman to sign a land lease agreement with the Collier County Senior Resource Center, Inc. to use the existing Golden Gate Branch Library for their resource center Attached please find a copy of the Resolution and an original lease agreement as referenced above, (Item #16D17) adopted/approved by the Board of County Commissioners on Tuesday, July 28, 2009. The Minutes and Records Department has kept the second original document for the official records of the Board of County Commissioners. If you should have any questions, please feel free to contact me at 252-8406. Thank you. Attachment (1) 16D17 RESOLUTION NO. 2009- / g;<, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A REQUEST FOR A GROUND LEASE WITH COLLIER COUNTY SENIOR RESOURCE CENTER, INC., TO ALLOW THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A SENIOR RESOURCE CENTER BUILDING LOCATED AT 4715 GOLDEN GATE PARKWAY, COLLIER COUNTY, FLORIDA. WHEREAS, the Collier County Senior Resource Center, Inc., a not-far-profit Florida corporation ("CCSRC") petitioned the Collier County Board of Commissioners (the "Board") to enter into ground lease for that property located at 4715 Golden Gate Parkway, Collier County, Florida, to construct, maintain, and operate a building to be used in the public interest as a senior resource center; and WHEREAS, the Board, at its July 28, 2009, Regular Meeting determined that the property that is the subject of the ground lease is not otherwise needed for County purposes and that the intended use of the property by CCSRC would promote the welfare of the public and advance the interests of the community; and WHEREAS, the Board has determined that the term of the ground lease shall be for a .' of', \.:' , period of thirty (30) years with the opportunity for CCSRC to renew for four (4) additional ''; I fifteen (15) year periods, all at the annual rate of$IOO; and ~ WHEREAS, section 125.38, Florida Statutes, requires the Board to memorialize its :;;. decision to lease County property to applicants such as CCSRC through a resolution passed by the Board. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 160 17 1. The property located at 4715 Golden Gate Parkway, Collier County, Florida, comprises a parcel appropriate for use as a community senior resource center, as more fully described in the Ground Lease Agreement, incorporated herein by reference and that the property is not otherwise needed for a County purpose. 2. The term of the Ground Lease for the agreement shall be for a period of thirty (30) years with the opportunity for CCSRC to renew the lease for four (4) additional fifteen (15) year periods, all at the annual rate of $100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 28th day of July, 2009. ATTEs'J,~ .' '.." ..'" " DWIgFt~E. BROCa~;')C;LERK B~~.~.O(- By: DONNA FIALA, CHAIRMAN <<\tit .."~. .0.,.... , 'ttfL..'_" , Approved as to form and legal sufficiency: oUeen M. Greene Assistant County Attorney Item # lk.llll Agenda1-~ Date Page 2 of2 ~d~ 16D 17 COLLIER COUNTY SENIOR RESOURCE CENTER GROUND LEASE THIS LEASE is made and entered into this J. 0 day of -SJ'-'t , 2009, by and between COLLIER COUNTY, a political subdivision, herein referred to as "Lessor", and COLLIER COUNTY SENIOR RESOURCE CENTER, INC., a not-for-profit Florida corporation, herein referred to as "Lessee". In consideration of the mutual covenants provided herein and other good and valuable consideration, the parties agree as follows: ARTICLE I. DEMISE OF LEASED LAND 1.1 Lessor for and in consideration of the rents, covenants and conditions herein contained to be kept, performed and observed by Lessee, does lease and demise to Lessee, and Lessee does rent and accept from Lessor, the real property, referred to as "Leased Land" described in Exhibit "A", attached hereto and incorporated herein by reference. Said Leased Land is located in Lessor's government complex located at the intersection of Golden Gate Parkway and Coronado Blvd, Collier County, Florida and is immediately adjacent to the Golden Gate Public Library. Upon the commencement of the Lease Term as provided below, Lessee may commence demolition of the existing structure on the Leased Land upon receipt of applicable demolition permits. 1.2 Lessee, Lessee' s.employees, agents, clients, customers, invitees and the general public patronizing the Senior Resource Center of Lessee, shall be entitled to park in the public parking spaces located in the Golden Gate Government Complex and shall have ingress and egress in common with the general public throughout the public driveways, walkways and parking areas of the Golden Gate Government Complex. .;. C 1.3 Lessor hereby represents and warrants that Lessor is the owner in fee simple absolute of the Leased Land subject to covenants, conditions, restrictions, easements and other matters of record. 1.4 Lessor covenants and agrees that Lessee, on keeping the covenants, conditions and terms of this Lease on Lessee's part to be kept or performed, shall lawfully and quietly hold, occupy and enjoy the Leased Land during the term of this Lease without hinderance or molestation by Lessor or any person claiming under Lessor. ARTICLE 2. LEASE TERM 2.1 This Lease shall be for a term of thirty (30) years, hereinafter referred to as "Lease Term." Said Lease shall commence on the day that a building permit is pulled for the construction of the improvements by Lessee as provided for herein. Additionally, the Lessor agrees to offer the Lessee the right to renew this Lease for four (4) additional fifteen (15) year periods at the end of the above-referenced 30 year Lease Term. The Lessee agrees to pay the Lessor the sum of One Hundred Dollars ($100.00) per year during the term hereof, payable annually on the anniversary date of this Lease which amount shall be rendered to the Lessor at Board of County Commissioners, c/o Real Property Mgt. Dept., 3301 Tamiami Trail East, Building W, Naples, FL 16017 33962. All of the covenants and conditions contained within this Lease will apply to any renewal period. 2.2 If Lessee shall hold 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, however, to Lessor's right to seek legal relief to eject Lessee from the Leased Land as a holdover. ARTICLE 3. LESSOR OBLIGATIONS 3.1 Lessor shall make available existing sewer and potable water lines to the said Leased Land. Lessee shall pay and discharge as they become due, promptly and before delinquency, all impact fees, if any, monthly utility fees, license fees, permits, levies, excises whether general or special, ordinary or extraordinary, of every name, nature or kind whatsoever on or against Lessee. 3.2 All persons to whom these presents may come are put upon notice of the fact that the interest of the Lessor in the Leased Land shall not be subject to liens for improvements made by the Lessee and liens for improvements made by the Lessee are specifically prohibited from attaching to or becoming a lien on the interest of the Lessor in the Leased Land or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 4. USE OF PREMISES 4.1 Lessee shall have the right to use the Leased Land only for the purposes specifically referenced herein. It is understood and agreed that the primary purpose of Lessee for the use of the Leased Land is to construct, operate and maintain an approximate 11,000 square foot building as a Senior Resource Center (the "Facility") for uses commonly and normally associated with a Senior Resource Center (a non-profit organization that works in partnership with older persons and the community to provide centralized and coordinated service, information, education and leadership helping to assist seniors in maximizing their independence and personal dignity) and other library uses as determined by Lessee and agreed upon between Lessee and the Collier County Public Library (including, but not limited to: meeting/multi purpose room(s) for various programs; adult literacy program; classrooms including computers for seniors; equipment and library for the blind; volunteer coordinator; 211 services program offices; senior resource area with periodicals, reading tables, chairs, Book Sale room and reception area; medical-dental clinic). 4.2 Subject to provisions contained in the operations plan described in Paragraph 8.2 below, Lessee shall have the exclusive right to use the Leased Land and any improvements constructed thereon by Lessee during the term of this Lease. During the term hereof, Lessee may, in its sole discretion, improve, alter, maintain, or renovate the improvements constructed by Lessee on the Premises. Any such work may be undertaken by Lessee at any time or times during the term hereof and no consent or approval of Lessor shall be required unless such work consists of major alterations from plans and specifications originally approved by Lessor as more fully provided for herein. Lessor agrees to co-operate with Lessee in connection with such construction and agrees to execute any documents required by governmental authorities evidencing Lessee's rights hereunder and consenting to such work. During the term of this Lease, Lessee may erect signage on the Leased Land and the improvements constructed by Lessee thereon, designating same as a Senior Resource Center. Such signage may include the name or names of donor sponsors of Lessee. Any such 2 16 D" 17 signage shall be in compliance with all applicable codes and ordinances. 4.3 In the event Lessee shall cease to use the Leased Land for the purposes described in Section 4.1 above, and such cessation of use shall continue for a period of sixty (60) days, this Lease, at the option of the Lessor, upon thirty (30) days written notice to the Lessee, shall be terminated and Lessee shall surrender and vacate the premises to the Lessor within Thirty (30) days after notice of such termination. Provided, however, said sixty (60) day period shall be tolled if such cessation is caused by events beyond the control of the Lessee such as Acts of God or if such cessation is due to closing for reconstruction or repairs to the building constructed by Lessee on the Leased Lands. Additionally, if this Lease is terminated by Lessor pursuant to this provision and the Friendship Health Center (f/k/a Senior Friendship Center of Collier County) (or it's designee) continues to operate a medical/dental clinic in the building constructed by Lessee on the Leased Land as described in Paragraph 8.1 below, this Lease will not terminate as to Friendship Health Center (or it's designee) and Lessor agrees to enter into a lease with Friendship Health Center (or it's designee) for the space it occupies in the building under the same terms and conditions as provided for herein as modified to reflect the use of Friendship Health Center (or it's designee) of only a portion of the building. ARTICLE 5. ENCUMBRANCE OF LEASEHOLD ESTATE 5.1 Lessee shall not encumber, by mortgage or other security instrument, or by way of assignment, or otherwise, Lessor's or Lessee's interest under this Lease and the leasehold estate hereby created for any purpose without the consent of Lessor, which consent may be withheld in the absolute discretion of the Lessor. ARTICLE 6. CONSTRUCTION, REPAIRS AND RESTORATION; MAINTENANCE; UTILITIES AND INSURANCE 6.1 The plans, specifications and building design for the Lessee's improvements to be constructed on the Leased Land are subject to reasonable approval by Lessor. Prior to applying for a building permit for improvements to the Leased Land, Lessee shall submit to Lessor for its approval such plans and specifications necessary to obtain a building permit for Lessee's intended improvements. Lessor shall have twenty one (21) days after receipt of any submittal by Lessee to review Lessee's submitals and provide a written response as to whether the submittal is approved as submitted, not approved as submitted, or Lessor may provide Lessee with requested changes. If the submittal is not approved or if Lessor requests changes, Lessee shall submit revised plans that will meet with Lessor's approval or incorporate the requested changes into the plans. If Lessee determines not to revise its plans then Lessee may terminate this Lease. Lessee may make non- material changes to the approved plans from time to time to accommodate site issues or operating changes to Lessee's use of the Leased Land. Material changes from the approved plans will require Lessor's written approval, which approval shall not be unreasonably withheld. All plans shall be in conformity with Collier County vertical standards. 6.2 Lessee agrees to commence construction of the approved improvements to the Leased Land five (5) years from the last execution date of this Lease. In the event Lessee does not commence construction within such period, then the Lessor shall have the right to terminate this Lease and neither party shall have any further obligations to the other party. Upon commencement of construction, Lessee shall diligently pursue said construction to completion and complete said 3 16D 17 construction on or before twenty (24) four months from commencement, subject to delays beyond the control of the Lessee. 6.3 All improvements to the Leased Land shall be constructed in compliance with all governmental regulations pursuant to valid permits. In addition, Lessee shall be solely responsible for the costs of repairing any damage to Lessor's roads, water and sewer facilities or other infrastructure located within or outside the Leased Land resulting from construction or use by Lessee, its agents, officers or employees. 6.4 Lessee, throughout the term of this Lease, at its own cost, and without any expense to the Lessor, shall keep and maintain the Leased Land, including any buildings and improvements thereon, in good, sanitary and neat order, condition and repair. Such maintenance and repair shall include, but not be limited to, painting, janitorial, fixtures and appurtenances (lighting, heating, plumbing, and air conditioning). Such repair may also include structural repair, if deemed necessary by the Lessee. Lessee agrees to pay water, electricity and all other utilities used by Lessee in the Leased Land, including sewer service according to the charges made therefore by the proper local authority. Lessee shall also comply and abide by all Federal, State, Municipal and other Governmental Statutes, ordinances, buildings and improvements thereon, or any other activities or conditions on or in the Leased Land. Lessor, upon request of Lessee shall perform said maintenance, and/or pay for said water, electricity and other utilities used by the Lessee in the Leased Land, the cost of which shall be reimbursed to Lessor by Lessee under terms and conditions agreed to by Lessor and Lessee. 6.5 If the Leased Land is partially damaged by any casualty insurable under the Lessee's insurance policy, Lessee may at its option upon receipt of the insurance proceeds, repair the same in the manner it deems necessary and appropriate. Provided, however, if the Leased Land, including buildings and improvements thereon: (a) are rendered wholly untenantable by reason of such occurrence or, (b) damaged, in whole or in part, to the extent fifty percent (50%) or more of the replacement cost on date of loss thereof, in the sole judgment of Lessee, then in either such event, Lessee, may repair the damage. If Lessee chooses not to repair the damage, Lessor may cancel this Lease. Notice of cancellation shall be provided within Sixty (60) days after either of the above described events occur, and thereupon this Lease shall terminate, and Lessee shall vacate and surrender the Leased Land to Lessor. 6.6 Lessee shall maintain with the Division of Risk Management, Department of Insurance, an insurance policy with limits for all claims as is reasonably acceptable to Lessor. Lessee agrees to procure fire and extended risk/commercial general insurance coverage which will afford minimum protection of not less than one million dollars ($1,000,000.00) for personal injury or death in anyone occurrence and of not less than one million dollars ($1,000,000.00) for property damage in anyone occurrence by preparing and delivering to the Division of Risk Management, Department of Insurance, a completed Florida Fire Insurance Trust Fund Coverage Request Form immediately upon completion of any improvements or structures as evidenced by the issuance of a Certificate of Occupancy by the State Fire Marshall. Lessee will provide the Division of Risk Management, Department of Insurance a certificate of such insurance each year upon renewal of same. All policies required to be carried by Lessee hereunder all evidence of insurance provided to Lessor will contain an endorsement showing that Lessor is included as an additional insured, and an endorsement whereby the insurer agrees not to cancel or alter the policy without providing at least thirty (30) days prior written notice to lessor and all other named insureds. 6.7 Lessor shall, upon request of Lessee, join with Lessee in executing and delivering such documents, from time to time, and throughout the term of this Lease, as may be 4 16D 17 appropriate, necessary or required by any governmental agencies, public utilities, and companies. 6.8 Lessee will take all necessary efforts to obtain any zoning, subdivision site plan environmental audits, or building approvals on the site, or any part thereof with which Lessee may be required to comply. Lessor agrees, from time to time, to assist the Lessee in the creation and execution of such documents petitions, applications and authorizations as may be appropriate or required to submit the site, or any part thereof, for the purpose of obtaining such approvals. If for any reason zoning, easements, land development regulations or environmental issues cause the proposed use of this site unusable for the purpose intended and expressly stated herein, this Lease shall be null and void. 6.9 All work, whether interior or exterior, ordinary, extraordinary, or structural, must be performed in good and workmanlike manner, in full compliance with the plans and specifications approved by Lessor, and in compliance with all applicable governmental codes and ordinances and free and clear of all claims for lien on account of unpaid labor, services, or materials. ARTICLE 7. MECHANIC'S LIENS 7.1 Lessor's interest in the premises will not be subject to lien for improvements to the premises made on the order of Lessee. All persons performing labor or service and furnishing materials to the premises on the order of Lessee must look solely to Lessee and Lessee's interest in the premises for payment. 7.2 If any lien or claim of lien is asserted against Lessor's interest in the premises, Lessee must obtain a release of Lessor's interest from the lien or claim of lien within 30 days from the date on which the lien or claim of lien was filed. ARTICLE 8. ASSIGNMENT AND SUBLEASE; AGREEMENT WITH COLLIER COUNTY PUBLIC LIBRARY SYSTEM 8.1 Lessee shall not assign this Lease or sublet the entire building constructed on the Leased Land by Lessee without the written consent of the Lessor, which consent shall not unreasonably be withheld. Provided, however, Lessor understands and acknowledges that although Lessee is the tenant under this Lease, Lessee intends to sub-let portions of the Senior Resource Center Building constructed by Lessee on the Leased Land to other not-for-profit entities to carry out the uses described in Article I above, including, but not limited to the Friendship Health Center (or it's designee) to operate a medical/dental clinic in not less than 4,500 sq. ft. of the Facility. 8.2 Lessee agrees to cooperate with the Collier County Public Library to co-ordinate the programs and services described in Article 1.1 above and for the maintenance of the improvements constructed by Lessee on the Leased Land as described in Article 6.4 above and as agreed upon by Lessee and the Collier County Public Library. A mutual "operations plan" shall be created between the Lessee and the Collier County Public Library which shall be reviewed annually and updated if deemed necessary by the Lessee and the Collier County Public Library. ARTICLE 9. DEFAULT AND REMEDIES 9.1 No failure to perform any condition or covenant of this Lease shall entitle Lessor 5 160 17 to terminate this Lease unless (1) such failure shall have continued for thirty (30) days after notice in writing requiring the performance of such condition or covenant shall have been given to Lessee: and (2) if such default is of such a nature that it cannot be remedied within this time, then, unless Lessee shall fail to cure such default within said period, an additional timeframe shall be reasonably granted to the Lessee in order to cure the default, provided that Lessee shall commence to cure the default within this period and thereafter shall diligently continue the curing of the default. However, the occurrence of any ofthe following events shall constitute a default by Lessee and this Lease may be immediately terminated by Lessor except to the extent then prohibited by law: (i) Falsification by Lessee or an agent of Lessee of any report required to be furnished to Lessor pursuant to the terms of this Lease. (ii) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. ARTICLE 10. TERMINATION AND SURRENDER 10.1 Unless otherwise mutually agreed by the parties, within thirty (30) days after termination of the Lease Term, Lessee agrees to redeliver possession of the Leased Land to Lessor in good condition and repair. Lessee shall have the right at any time during Lessee's occupancy of the Leased Land to remove any equipment, buildings, signs and fixtures owned in, on or under the Leased Land occupied by the Lessee, provided, however, at the termination of this Lease Agreement, Lessor shall have the option of either requiring Lessee to demolish and remove all improvements made by Lessee to the Leased Land upon Lessee's vacation thereof, or to require Lessee to retain said improvements on the Leased Land which improvements will become the property of the Lessor upon Lessee's vacation of the Leased Land. ARTICLE 11. GENERAL PROVISIONS 11.1 All of the provisions of the Lease shall be deemed as running with the Land and construed to be "conditions" as well as "covenants" as though the words specifically expressing or imparting covenants and conditions were used in each separate provision. 11.2 No failure by either Lessor or Lessee to insist upon the strict performance by the other of any covenant, agreement, term or condition of this Lease or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or of such covenant, agreement, term or condition. No wai ver of any breach shall affect or alter this Lease, but each and every covenant, condition, agreement and term of this Lease shall continue in full force and effect with respect to any other then existing or subsequent breach. 11.3 To the extent the proceeds and benefit of an insurance policy are not available to Lessor, Lessee shall indemnify and defend Lessor from, and hold Lessor harmless against, any claim, suit, liability, loss, damage, cost, and expense (including reasonable attorneys' fees) Lessor suffers or incurs in connection with loss oflife, personal injury, or damage to property arising from the use or occupancy of the Premises by Lessee and its employees, agents, contractors, licensees, or invitees, but not to the extent caused by the negligence or willful misconduct of Lessor, its agents or employees. This indemnity shall survive the termination of this Lease. Lessor's liability is subject to the limits of sovereign immunity set forth in Section 768.28 of the Florida Statutes. 11.4 If Lessee shall engage in fund raising activities, Lessee will strictly comply with any and all laws and regulations applicable to fund raising activities and Lessor will not be responsible in any way for any fundraising activities or reimbursements. 6 160 17 11.5 Time is declared to be of the essence of this Lease and of each provision. 11.6 This Lease contains the entire agreement of the parties with respect to the matters covered by this Lease and no other agreement, statement or promise made any party, or to any employee, officer or agent of any party, which is not contained in this Lease shall be binding or valid. 11.7 Nothing contained in this Lease shall be deemed or construed by the parties or by any third person to create the relationship of principal and agent or of partnership or of joint venture or of any association between Lessor and Lessee, and no provisions contained in this Lease, nor any acts of the parties shall be deemed to create any relationship between Lessor and Lessee, other than the relationship of Lessor and Lessee. Person or persons employed or volunteers of Lessee shall have no claim against Lessor as to pensions, worker's compensation, unemployment compensation, insurance, salary, wages or other employee rights or privileges granted by the operation of law or by Lessor to its officers and employees. 11.8 This Lease shall be governed by and interpreted according to the laws of the State of Florida. 11.9 Articles, subsections and other captions contained in this Lease are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope, extent or intent of this Lease or any portion thereof. 11.10 This Lease sets forth the entire understanding between the parties and shall only be amended with the prior written approval of both the Lessor and the Lessee. Notice to the Lessor shall be addressed to: Board of County Commissioners c/o Real Property Management 3301 Tamiami Trail East Building W Naples, Florida 33962 Notice to the Lessee shall be addressed to: Collier County Senior Resource Center, Inc. c/o The Community Foundation of Collier County 2400 North Tamiami Trail Suite 300 Naples, Florida 34103 or such other place as Lessee shall notify Lessor in writing during the term of this Lease. ARTICLE 12: RADON GAS 12.1 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 7 16D17 County Public Health unit. IN WITNESS WHEREOF. the parties hereto have set their hands and seals on the day and year above ftrst written. LESSOR: BOARD OFCOUNfY COMMISSIONERS. COLLIER CO , FLORIDA D( L By: ~~ , Donna Fiala, Chairman Date: Jvt II r J. ((3' -J 0 0 ? I f\~1 8 160 17 LESSEE: Collier County Senior Resource Center, Inc. Witnesses: BY~k~ l~ Date:~ if;u'~1 ' / )J t( V l' 6''ewCfe .' ~dName~ \.. 'A'.A~ ..-- \. S tA.SQJ:t U +"Z- Printed Name STATEOFFLO(bA;, , COUNTY OF I f'ItJf' Subscribed and sworn to before me by --::Jollie is (Ill ~t" , as he ,,~ of Collier County Senior Resource Center, Inc. wh IS ersonally known to me or who has produced as iden!ification and wh I I not ta e an oat . WITNESS my hand and official seal this ~b~ay of _Au~u~f- ,2009, ;1.01'\ .. Notary Public ~ ~t.YP~ SUSAN M. BARTON , ~ MY COMMISSION # 00808637 r) 'A"d~~ "\;;/ EXPIRES: July 24, 2012 ~j/1A{ I.RI):~'~OTARY FI. NOllry DilCOUn.luBoc. Co. (affix notarial seal) Print Name: S USA.AJ M :BARTDN My Commission Expires: 1[. Ol cf ~ 1 2- THIS INSTRUMENT PREPARED BY: KATHLEEN C. PASSIDOMO, ESQUIRE Kelly, Passidomo & Alba, LLP 2390 North Tamiami Trail, Suite 204 Naples, Florida 34103 (239) 261-3453 9 . 16DI7 EXHIBIT "A" A portion of Golden Gate Unit 4, Block 115 Section 21, Township 49, Range 26 12.54 acres FoliolParcel Number; 36110040005 Property Address: 4715 Golden Gate Parkway as depicted on the attached drawing. 10 23RD AVE. sw 160 17 I - - - I ((- - -:: - -::- -- - - - - - -:: -:::: ::::::::::- - - -- --::::: i: 1;:-::: _:-- II _------_ II:' ~} ,;;~~~-:::~::::::::~~~~------__=2=_~~.,;.;} \~,---::~::.:1 I~ I " I I I r ----:..-=.::-------11 I I' II I III " II I III i~ 'I I I III II I i I III I '\ 1 I ill 4: I I, I i I III 0::: I, I I I'I I 0::: 1'1 I' I III II \ I III W 'I \ \ ,I'I l- 'I \ \ I I,I \ I I I I J I \ I I ill I, I I III id; III II I I" I 1 I I J 'I I '<:t " " I I 'I " I 1'1 'I i ----J II 1\ ___, I I I I I , I I I I I " I I 1\ 'I II I / I I L.._-:_-___---___-.... I (, ' - - - - - - - - / ) \ ---------- '.....~.......... ,/;/ ......... --,./.. ,..--..... -- ~'....._/:/- -- \ ,-.... \ -- -- / /' /' / ./ HA~ICATES GROU LEASE AREA FO THE COLLIER COUNTY ./ SENIOR RESOURCE CENTER ./ N ./ C9 GOLDEN GA E COMMUNITY CENTER SITE PLAN o Scale: 1" = 150'-0" RECEIVED /{, Lt6 0 1 7 JUL 272009 1/cJ9/oct Board of COlJn~ Commissioners RESOLUTION NO. 2009-1 82 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A REQUEST FOR A GROUND LEASE WITH COLLIER COUNTY SENIOR RESOURCE CENTER, INC., TO ALLOW THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A SENIOR RESOURCE CENTER BUILDING LOCATED AT 4715 GOLDEN GATE PARKWAY, COLLIER COUNTY, FLORIDA. WHEREAS, the Collier County Senior Resource Center, Inc., a not-for-profit Florida corporation ("CCSRC") petitioned the Collier County Board of Commissioners (the "Board'') to enter into ground lease for that property located at 4715 Golden Gate Parkway, Collier County, Florida, to construct, maintain, and operate a building to be used in the public interest as a senior resource center; and WHEREAS, the Board, at its July 28, 2009, Regular Meeting determined that the property that is the subject of the ground lease is not otherwise needed for County pwposes and that the intended use of the property by CCSRC would promote the welfare of the public and advance the interests of the community; and WHEREAS, the Board has determined that the term of the ground lease shall be for a period of thirty (30) years with the opportunity for CCSRC to renew for four (4) additional fifteen (15) year periods, aU at the annual rate of$100; and WHEREAS, section 125.38, Florida Statutes, requires the Board to memorialize its decision to lease County property to applicants such as CCSRC through a resolution passed by the Board. NOW THEREFORE, BE IT RESOl VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that: - -~ --. __w,_.......'m'_'.,"-.. ~~'- , ~,.'"~._. -,".~-, "0- 16 0 17 1 1. The property located at 4715 Golden Gate Parkway, Collier County, Florida., comprises a parcel appropriate for use as a community senior resource center, as more fully described in the Ground Lease Agreement, incorporated herein by reference and that the property is not otherwise needed for a County purpose. 2. The tenn of the Ground Lease for the agreement shall be for a period of thirty (30) years with the opportunity for CCSRC to renew the lease for four (4) additional fifteen (15) year periods, all at the annual rate of $100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida., this 28th day of July, 2009. ATIESr~> " COMMISSIONERS DWIGIITE. BROC~..t~ , FLORIDA I r 1'. ;. I, " ~d"~ By' I. ' ;' By: . . '^ 'PEPUlY C RK! FIALA, CHAIRMAN .~It. te_ I ItlNtri .,. Approved as to form and legal sufficiency: @CaVoo-",ilVl ~ olleen M. Greene Assistant County Attorney Page 2 of2 r .._ -,,--,,","--"." ~~. ",...-.--- ,-,. -,~"' ~".,- I ",.,...."....~'""O_ '--"--'~'