Agenda 06/24/2008 Item #16E 9
Agenda Item No. 16E9
June 24, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with Larus Properties, LLC, in order for
the Sherriff's Office to consolidate two existing leases at a first year's rent of $42,837.36.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to execute a Lease
Agreement with Larus Properties, LLC, for garage space so that two existing leases can be combined to
one location.
CONSIDERATIONS: The Sheriffs Office is presently leasing two separate locations for classified
operations. The total rent and common area maintenance costs for the two leases is $95,729. At this
time, the County has an opportunity to combine these leases at one location for a first year's annual cost
of $42,837.36, which includes renl and common area mainlenance fees. Combing these leases will save
the County $52,891.64 during the first year alone.
The proposed space has approximately 3,213 square feet at an annual rent of $33,198.36 for the first
year. The rent will be increased by the Consumer Price Index (CPI) figures or by four percent (4%),
whichever figure is higher.
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In addition to rent, the County will be responsible for Common Area Maintenance charges (CAM), which
will be paid monlhly in the amount of $803.25 for the first year term. This amount shall reflect the actual
operating costs associated wilh, but not limited to, water and sewer charges, real estate taxes, property
insurance, building maintenance and repair, landscaping mainlenance, irrigation system, interior and
exterior electrical & lighting system maintenance and repair, air-conditioning system maintenance and
repair, parking lot maintenance and repair, fire sprinkler maintenance and repair, and building reserves
pertaining to the Demised Premises.
The County will only be responsible for all janitorial services and utility charges pertaining to the Demised
Premises, which includes, charges for electricity, telephone or other communication service used at the
Leased Premises. The County will also be required to maintain, repair and replace the plate glass
window at lhe Leased Premises if lhe plate glass window is damaged or broken due 10 County's
negligence or aclions. All other charges related to the operation and maintenance of the Demised
Premises shall be lhe responsibility of the LESSOR.
The attached Lease Agreement has been reviewed by the Office of the County AItorney for legal
sufficiency.
FISCAL IMPACT: The annual rental fee of $33,198.36 to be paid in equal monthly installments of
$2,766.53, the monthly common area maintenance fee of $803.25, as well as all monthly utility charges
shall be paid from the General Fund (001).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The aItached License Agreemenl has been reviewed and approved by the
Office of the County AItorney for legal sufficiency. - JAB
RECOMMENDATION: That the Board approves and authorizes ils Chairman to execute lhe attached
Lease Agreement with Larus Properties, LLC.
PREPARED BY: Michael Dowling, Sr. Property Management Specialisl, Real Estate Services, Facilities
Management Departmenl
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Page 1 of 1
Agenda Item No. 16E9
June 24, 2008
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E9
Recommendation to approve a Lease Agreement with Larus Properties, LLC, in order for the
Sherriffs Office to consolidate two existing leases at a first years rent of $42,837.36
Meeting Date:
6124/2008 90000 AM
Prepared By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
6111120082:27:13 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
6111/20082:49 PM
Approved By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
6112/2008 1 :27 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
6112/20082:27 PM
Approved By
Jennifer A. Selpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
6112/20085:09 PM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
6113/20088:29 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
6/14f2008 3:39 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
6/15120085:31 PM
file://C:\AgendaTest\Export\ 11 O-June%2024,%202008\ 16.%20CONSENT%20AGENDA \ 1... 6/18/2008
Agenda Item No. 16E9
June 24, 2008
Page 3 of?
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this _ day of , 2008,
between LARDS PROPERTIES, LLC, whosemailingaddressis35lIPloverAvenue.Suite 101,
Naples, Florida 34117, 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:
ARTICLE I.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR 3,2 I3
square feet of garage space located at 3511 Plover Avenue, Suite 104, 111 and 112, Naples,
florida, hereinafter referred to as the "Demised Premises, l! for the sole purpose of operating a
maintenance garage facility for the Sheriffs Office.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a five (5) year term commencing
September 1,2008 and terminating on August 31,2013.
LESSEE is granted the option, provided it is not in default of any of the terms of this
Lease, to renew same automatically for an additional three (3) term, under the terms and
conditions as provided herein.
LESSEE may terminate this Lease following the initial one (1) year tenn at any time by
providing LESSOR with sixty (60) days prior written notice to LESSOR at the address set forth
in this Lease. Said notice shall become effective upon the date in which the LESSEE either
hand-delivers sa{d notice to LESSOR or upon LESSEE'S 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 ChafQ.es
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the
sum of Two Thousand Seven Hundred Sixty-six Dollars and Fifty-three Cents ($2,766.53)
monthly for the first year of the Lease term.
Following the first full year of occupancy (the 'Initial Term'), the annual rent as provided
for in this ARTICLE 3, shall be increased for each ensuing year throughout the life of the Lease
in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical
Workers-United States City Average, all Item-Series A (1982 - 84 = 100), United States
Department of Labor had increased for the preceding year, or by four percent (4%), whichever
figure is higher. In the event that the Consumer Price Index cea<:;es to incorporate a significant
number of items, or if a substantial change is made in the method of establishing such Consumer
Price Index, then the Consumer Price Index shall be adjusted to the figure that would have
resulted had no change occurred in the manner of computing such Consumer Price Index. In the
event that such Consumer Price Index (or a successor or substitute index) is not available, a
reliable goverrunental or other nonpartisan publication, evaluating the information thereto for use
in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index.
Agenda Item No. 16E9
June 24, 2008
All rental payments shall be due and payable in advance on the first day of every calendar Page 4 of 7
month during the tenn 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 (l/30th) of the monthly
rental multiplied by the number of rental days of such fractional month.
LESSEE shall pay all janitorial services and utility charges pertaining to the Demised
Premises, which includes, charges for electricity, telephone Of other communication service used.
rendered or supplied thereupon or in connection with the Demised Premises. LESSEE is also
required to maintain, repair and replace the plate glass window at the Demised Premises if the
plate glass window is damaged or broken due to LESSEE'S negligence or. actions. All other
charges related to the operation and maintenance of the Demised Premises shall be the
responsibility ofthc LESSOR.
In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance
charges, hereinafter referred to as "CAM", to be paid monthly in the amount of Eight Hundred
Three Dollars and Twenty-five Cents ($803.25) for the Initial Lease Term. This amount shall
reflect the actual operating costs associated with, but not limited to, water and sewer charges, real
estate taxes, property insurance, building maintenance and repair, landscaping maintenance and
irrigation system, interior and exterior electrical & lighting system maintenance and repair, air-
conditioning system maintenance and repair, parking lot maintenance and repair, fire sprinkler
maintenance and repair, and building reserves pertaining to the Demised Premises.
If LESSOR is required to increase the CAM after the first full year of occupancy,
LESSOR shall provide LESSEE with written notice of any increase no later than July 31
throughout the life of the Lease, advising of the new charges for each year of the Lease and for
any renewals thereto. Each year, LESSOR shall provide LESSEE with detailed list of all CAM
expenses. It is agreed by both parties that any increase in CAM shall reflect those actual costs for
operating expenses and real estate taxes associated with the Demised Premises. The CAM
increases shall be effective commencing on July I to June 30 each year throughout the life of the
Lease.
ARTICLE 4.
Modi fications to Demised Premises
Prior 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,
specifying in writing the nature and extent of the desired alteration, improvement, change, or
addition, along with the contemplated starting and completion time for such project. LESSOR or
its designee will then have thirty (30) days within which to approve or deny in writing said
request for changes, improvements, alterations or additions. 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. LESSOR shall not unreasonably withhold its
consent to required or appropriate alterations, improvements, changes or additions proposed by
LESSEE. If after sixty (60) days there has been no 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 of the 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, improvements, 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, improvements, and additions. If LESSEE does not remove
those items designated by LESSOR, LESSOR may complete said removals and repairs at
LESSEE'S expense.
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Agenda Item No. 16E9
Prior to LESSEE'S occupancy of the Demised Premises, LESSOR shall provide and June 24, 2008
install, at LESSOR'S sole cost and expense, a thirteen (13) foot high retractable door at a Page 5 of 7
location to be detemlined by LESSEE.
ARTICLE 5.
Assignment and Sublettine:
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part
of the Demised Premises, or to pennit 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 can)' comprehensive general liability insurance to include
bodily injury in an amount not less than the sum of One Million Dollars and 00/1 00 Cents
($1,000,000.00) singlc occurrence. The cost of all such premiwns on all such policies shall be
paid and borne by the LESSEE insuring LESSOR and LESSEE against any liability arising out
of the use, occupancy or maintenance of the Demised Premises, including loss of income. The
insurance policy or policies shall contain provisions prohibiting the modification or cancellation
of insurance without at least thirty (30) days prior written notice to LESSOR. LESSEE shall
deliver said policies or certificates thereof to LESSOR prior to LESSEE'S occupancy of the
Demised Premises, and thereafter, renewal policies or certificates shall be delivered to LESSOR
not less than thirty (30) days prior to expiration. The limit of any such insurance shall not limit
the liability of LESSEE hereunder. LESSEE may provide this insurance under a blanket policy
provided said insurance shall have a LESSOR'S protective liability endorsement attached thereto.
ARTICLE 7.
MJ!intenance
LESSEE shall, at its sole cost and expense, 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 writing. If 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 which shall be
paid by LESSEE within thirty (30) days of receipt of written notice of costs incurred by
LESSOR. LESSEE shall obtain, at its expense, a service contract for maintenance of any heating
and air conditioning system which services the Demised Premises and said contract is to conform
to the warranty requirements of said system. All damage or injury to the Office Building,
Demised Premises or the Common Areas caused by the act or negligence of LESSEE, it agents,
employees, licenses, in vi tees or visitors shall be promptly repaired by LESSEE at its sole cost
and expense and to the satisfaction of LESSOR. LESSOR may make such repairs which are not
promptly made by LESSEE and charge LESSEE for the cost thereof and LESSEE hereby agrees
to pay such amounts on demand as Additional Rent. LESSEE shall be responsible for the
mowing of the grass and maintenance of any landscaping located in the front of the building
along Arnold Avenue.
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)
3
Agenda Item NO.1 dE9
after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform June 24, 2008
any such obligations. Page 6 of 7
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:
Board of County Commissioners
c/o Real Property Management Dept.
3301 Tamiami Trail East
Naples, Florida 34112
LESSOR:
Larus Properties, LLC
3511 Plover Avenue, Suite 101
Naples, Florida 34117
cc: Office of the County Attorney
Sheriffs Office, Administrative Assistant
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 termination 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 Provisions
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 Of regulations
of any public authority.
ART1CLE 13.
Claims Arisine from LESSEE'S Use of Premises
To the extent permitted by law, LESSEE shall indemnity and bold LESSOR harmless against
and from any and all claims arising from LESSEE'S use of the Premises, or from the conduct of
its business, or from any activity, or work done, permitted or suffered in or about the Demised
Premises, or the Office Building, and LESSEE shall further indemnify and hold LESSOR
harmless against and from any and all claims arising from any default in the perfonnance of the
Lease resulting from any act or negligence of LESSEE, its officers, agents, employees, guest or
invitees. If any action or proceeding is brought against LESSOR by reason of such claim,
LESSEE, upon notice from LESSOR, shall defend the same at LESSEE'S expense by counsel
reasonably satisfactory to LESSOR. LESSEE shall asswne all risk of damage to property or
injury to persons in, upon or about the Demised Premises from any cause other than LESSOR'S
negligence or willful misconduct and LESSEE hereby waives all claims in respect thereof against
LESSOR. LESSEE shall give prompt notice to LESSOR in case of casualty or accidents in or
about the Demised Premises.
ARTICLE 14. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it over time. Levels
of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional infommtion regarding radon and radon testing may be obtained from Collier County
Public Health Department.
4
ARTICLE 15. Effective Date
Agenda Ilem No. 16E9
June 24. 2008
Page 7 of 7
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 16. Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
TOM HENNING, Chairman
AS TO THE LESSOR:
DATED: G,. <I d \(
WITNESSES:
LARDS PROPERTIES, LLC
C~~.~.~f-{ ~.
WITNESS (sit;.rte)
BY: ~/ ;WA-Y'-
Y . OLNY, Manager
(?.../..hZ-ie,rl...l", & M~...l
Print Name
~~{'r~51
WITNESS (5' tllr '
[ieJnrP y ~eYY"f'rwd0
Print Name
Approved as to form and legal sufficiency:
~('~~~
Jennif A. BeJped
Assistant County Attorney
5