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Agenda 09/09-10/2008 Item #16E 2 N~ EXECUTIVE SUMMARv~ser~j Recommendation to approve a First Amendment To Lease Agreement with Horseshoe Square Development, L.C., c/o Pelconcepts, Inc., for the continued use of office space by EMS Administration at a first year’s renewal rent of $142,605.70. OBJECTIVE:To obtain approval from the Board of County Commissioners (Board) to execute a First Amendment to Lease Agreement with Horseshoe Square Development, L.C., c/o Pelconcepts, Inc., for the continued use of office space by EMS Administration CONSIDERATIONS: On October 7,2005, the Board approved a Lease Agreement with Horseshoe Square Development, L.C., c/o Pelconcepts, Inc., for use of 9,568 square feet of vacant office space located at 2705 Horseshoe Square. This office is used by EMS Administration. The term in the initial Lease Agreement was for two (2) years with a one (1) year renewal. The Lease is scheduled to expire on September 14, 2008. At this time. the County will need to renew this Lease until EMS is relocated to the Emergency Operations Center, which Is expected to be complete in the spring of 2009. The attached First Amendment to Lease Agreement extends the current lease term to September 14, 2009. However, the Amendment includes an early termination provision by providing the landlord with sixty days written notice. All other terms and conditions in the original Lease Agreement shall remain in full force. The attached First Amendment to Lease Agreement has been reviewed by the Office of the County Attorney for legal sufficiency. ( ,- FISCAL IMPACT:The annual rental fee of $142,605.70 shall be paid in equal monthly installments of $11,883.81, the current monthly common area maintenance fee of $3,987.00, and 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 attached First Amendment to Lease Agreement has been reviewed and approved by the Office of the County Attorney for legal sufficiency. – JK RECOMMENDATION:Thatthe Board approves and authorizes its Chairman to execute the attached First Amendment To Lease Agreement with Horseshoe Square Development, L.C., c/o Pelconcepts, Inc. Prepared By: Department Facilities Date 8/26/20082:54:13 PM _. Approved By: Department Approval Date County Manager's Office Approved NAGENrA ITEMg' o. to -~ "E~ C:- c.. '" .... n. "'""," v ~ .. ~ ,11'-' , ,p ';;)I:>{' 8/31/20083.27 PM l=9, ~==~~ ATTACHMENTS: Name: Description: [j E~Jc EMS Amend..-rnent"pQf Amendment with Horseshoe Square Development, L,G. Type: Cover Memo N~~;N~~ '~:~se fz{ bE C. FIRST AMENDMENT TO LEASE AGREEMENT I :2' , tf'l_ :;>_..c~?) THIS FIRST AMENDMENT TO LEASE AGREEMENT is entered into this day-or~--, Z008, at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," and HORSESHOE SQUARE DEVELOPMENT, L.e., c/o Peleoncepts, Inc., whose mailing address is 650 15'h Avenue South, Naples, Florida 34102, hereinafter referred to as "LESSOR." WITNESSETH WHEREAS, LESSEE and LESSOR previously entered into a Lease Agreement dated October 7, 2005 (hereinafter referred to as "Lease"), a copy of which is attached hereto; and WHEREAS, by letter dated July 19, 2007, a copy of which is attached hereto, LESSEE extended the expiration date of the Lease to September 14, Z008; and WHEREAS, the LESSEE and LESSOR wish to further extend the Lease pursuant to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual terms and conditions contained herein, the parties agree as follows: I. The Lease is hereby extended until September 14,2009. Provided LESSEE is not in default of any of the terms of the Lease, LESSEE may elect to extend the Lease for an additional one (I) year by giving LESSOR written notice of such election no later than August 14, 2009. LESSEE may terminate this Lease, at any time, by providing the LESSOR with sixty (60) day written notice. Z. Except as expressly provided herein, the Lease remains in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment to Lease Agreement the date first above written. AS TO THE LESSEE: A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORlDA By: , Deputy Clerk By: TOM HENNING, Chairman AS TO THE LElSOR: DATED: Rlo/!)! ATTEST: By: ~'NAIe Ide Ant 'nette Pele, Secretary HORSESHOE SQUARE DEVELOPMENT, L.e. By: Peleoncepts, Inc., its managing member B, U~ ~A W.VINCE PELC, President gal sufficiency: JefIT tz w, County Attorney RECEIVED AUG i 2 2008 REAL ESTATE SERVICES