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Agenda 12/16/2008 Item #16D31 Agenda Item No. .16031 December 16, 2008 Page10f6 EXECUTIVE SUMMARY Recommendation to approve and execute a Lease Agreement with Messiah Lutheran Church, Inc. of Golden Gate for space to accommodate the Housing and Human Services Senior Nutrition Program. OBJECTIVE: To obtain approval and execution of a Lease Agreement for space to expand the Senior Nutrition Program currently administered by the Housing and Human Services Department. CONSIDERATION: On January 15, 2008, under Agenda Item 16 D 37, the Board of County Commissioners approved and accepted a grant from the Area Agency on Aging for funding from the Older Americans Act to take over operation of the Senior Nutrition Program. CDBG Public Services Funds were granted to expand the program to Golden Gate. Theses funds will be used to hire staff, pay rent and operating expenses and will be paid for by CDBG Public Services funds. However, after June 30, 2009, funding for the Golden Gate program will move into the OAA grant. The Housing and Human Services Department is currently operating at a location in Immokalee and East Naples, and has identified a third location in Golden Gate. Since there are no County-owned buildings in the Golden Gate area that are able to accommodate the meal program, staff has considered leasing space to provide a location for this program. The ideal space would accommodate at least fifty (50) persons, have handicap accessibility, include restrooms, and a full kitchen. The Housing and Human Services Department staff has located a space within the Fellowship Hall at the Messiah Lutheran Church on Golden Gate Parkway that contains the elements necessary for this operation. The building is owned by Messiah Lutheran Church, Inc. of Golden Gate, and is located at 5800 Golden Gate Parkway, Naples, Florida 34116. The space is fifteen hundred (1,500) square feet. The monthly rent is Three Hundred Fifty Dollars ($350.00) and includes all utilities pertaining to the program's operation. These costs include electricity, telephone, water, sewer, janitorial service, and pest control service. The Housing and Human Services Department would like to begin operating at this location on January 1, 2009. The initial Lease term will be for six (6) months beginning January 1, 2009 and will expire on June 30, 2009. The Lease includes a provision for the County to continue leasing the space annually following the initial lease term. The annual rent for any extension to the lease term will remain the same as the rent for the initial term. The Agreement also includes an early termination clause which allows the County to terminate the Lease, at any time, by providing the landlord with a thirty (30) day written notice. This would allow the County to terminate the Lease Agreement should it, in the future, not receive grant money from the Area Agency on Aging. The Lease Agreement has been reviewed and approved by the Office of the County Attorney for content and legal sufficiency. FISCAL IMPACT: The monthly rent of $350.00 will be withdrawn from Fund 121, Cost Center 138755. No general fund dollars will be used as payment for this lease. GROWTH MANAGEMENT: There is no growth management impact. LEGAL CONSIDERATION: The attached Lease Agreement has been reviewed by the Office of the County Attorney and is sufficient for Board action. JAB RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Messiah Lutheran Church, Inc. of Golden Gate and authorize its Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Specialist, Real Property Management Page 1 of 1 Agenda Item No. 16031 December 16, 2008 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D31 Recommendation to approve and execute a Lease Agreement with Messiah Lutheran Church, Inc. of Golden Gate for space to accommodate the Housing and Human Services Senior Nutrition Program. Meeting Date: 12/16/2008 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 11/24/20082:29:02 PM Approved By Marcy Krumbine Director Date Public Services Housing & Human Services 11/24/20083:12 PM Approved By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 11/25/2008 4:17 PM Approved By Colleen Greene Assistant County Attomer Date County Attorney County Attorney Office 11/25/20084:36 PM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 12/2/2008 2:30 PM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12/2/20083:58 PM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 12/3/200810:54 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 12/7/20088:11 PM Commissioners file://C:\AgendaTest\Export\118-December%20 1 6,%202008\1 6.%20CONSENT%20AGE... 12/1 0/2008 LEASE AGREEMENT Agenda Item No. 16031 December 16, 2008 Page 3 of 6 THIS LEASE AGREEMENT entered into this ;), bay of ;II C' II. , 2008, between Messiah Lutheran Church, Inc. of Golden Gate. a Florida Non Profit Corporation, whose mailing address is 5800 Golden Gate Parkway, Naples, Florida 34116, 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 Tn consideration of the mutual covenants contained herei~ and other valuable consideration, the parties agree as follows: ARTICLE L Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the Fellowship Hall which consists of approximately Fifteen Hundred (l ,500) square feet located at 5800 Golden Gate Parkway, Naples, Florida 34116. hereinafter referred to as the "Demised Premises." for the sole purpose of operating a government-sponsored Senior Citizens Nutrition program, ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a six (6) month period beginning January 1, 2009 to June 30, 2009. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to automatically renew same aJU1ually under the tenns and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the one (1) year renewal period then in effect. Said notice period shall commence upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE may terminate this Lease, with or without cause, upon thirty (30) days prior written notice to the other party. Said notice shall sent be to the addresses as set forth in this Lease Agreement and shall become effective upon placement of said notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid. ARTICLE 3. Rent and Other Chames LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of Three Hundred Fifty Dollars ($350.00) monthly. The rent shall remain the same for any extensions following the June 30, 2009 expiration date. LESSOR shall pay all charges pertaining to LESSEE'S use of the Demised Premises to include air~conditioning and plumbing systems, all utility charges for electricity, water, sewer, telephone, pest control and janitorial services. All rental payments shall be due 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 month, LESSEE shall pay rental equal to one thirtieth (V30th) of the monthly rental multiplied by the number of rental days of such fractional month. ARTICLE 4. Modifications to Demised Premises Pnor to making any other 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 written approval, specitying 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 wilI then have thirty (30) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shan not unreasonably withhold its consent to required or appropriate alterations, Agenda Item No. 16031 December 16, 2008 improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no Page 4 of 6 response from LESSOR or its designee to said 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. regulations, and requirements ofthe United States of America. State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements. and additions to said Demised Premises installed by LESSEE shall remain the property of LESSEE and prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvement., alterations, fixtures and installations which were placed in. on or upon the Demised Premises by LESSEE. and repair any damage occasioned to the Demised Premises by such removal of said alterations, improvement., and additioos. If LESSEE does not remove those items designated by LESSOR, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 5. Assimment and Subtettinll 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 to occupy same without the 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. However, LESSEE shall be permitted, without notice to LESSOR, to utilize the Demised Premises for any other Department within the jurisdiction of the LESSEE if the Demised Premises shall no longer be needed by the Department intended for this Lease. ARTICLE 6. Insurance The LESSEE will at all times carry comprehensive general liability insurance to include bodily injury in an amo\mt not less than the sum of One Million Dollars and 00/100 Cents ($1,000,000.00) single occurrence. The cost of all such premiums on all such policies shan be paid and borne by the LESSEE. ARTICLE 7. Maintenance LESSEE shall keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR. LESSEE'S manager will be so advised in ""riting. H corrective action is not taken within thirty (30) days of receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent whicb shall be paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by LESSOR. ARTICLE 8. Default bv Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may. at its option, terminate this Lease after thirty (30) days written notice to LESSEE. unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 9. Default bv 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 notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. 2 Agenda Item No. 16031 December 16, 2008 Page 5 of 6 ARTICLE 10. 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: Real Property Management 3301 Tarniami Trail East Administration Building N.ples. Florida 34112 LESSOR: Messiah Lutheran Church. Inc. of Golden Gate 5800 Golden Gate Parkway Naples, Florid. 34116-7450 Attention: Senior Pastor Attention: Office of the County Attorney ARTICLE 11. 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 tennination as herein provided. 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 excepted. ARTICLE 12. General Provi,;ollS 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 where other operations share common facilities. 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 13. Radon Gas In compliance with Section 404.056, Florida Statutes, aU 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 Flonda. Additional information regarding radon and radon testing may be obtained from Collier County Public Health Department. ARTICLE 14. Effective Dale This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 15. Governine 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 LESSEE: ATTEST: DWlGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA DATED: BY: Deputy Clerk BY: TOM HENNING, Chairman 3 AS TO THE LESSOR: DATED: /I/~~/IJ% SS (signalu ~r. 4-ihO'fj lUtciJ1RJI; Print Name u~~L ' WITNES signa oj ~ u~..J:::JA L-'"'ia'S Print Name. . Approved as to form and legal sufficiency: Jennifer A. Belpedio, Assistant County Attorney .... Q . f->....V Agenda Item No. 16031 December 16, 2008 Page 6 of 6 MESSIAH LUTHERAN CHURCH. INe. OF GOLDEN GATE fd1~"rk ~-,~ EDWARD L. is . President 4