Agenda 04/22-23/2008 Item #16D 4
Agenda Item No. 16D4
April 22, 2008
Page 1 of?
EXECUTIVE SUMMARY
Recommendation to approve and execute a Lease Agreement with Goodwill Industries of
Southwest Florida, Inc. for space to accommodate the Housing and Human Services Senior
Nutrition Program at the Roberts Center in Immokalee for an annual rent cost of $12,000.
The cost of this rental will be paid from Older Americans Act grant funding.
OBJECTIVE: To obtain approval and execution of a Lease Agreement for space for 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 !,'l'ant from the Area Agency on Aging for funding from the
Older Americans Act in order to assume the operation of the Nutrition Services Incentive Program. The
Housing and Human Services Department assumed operation of the nutrition programs in Immokalee and
Naples on January 1,2008. The grant funds were awarded and reccived by Collier County to hire staff, to
pay rent, and to pay for operational expenses.
Since there are no County-owned buildings in the 1mmokalee area 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 located a vacant building in 1mmokalee that seems to
have the elements necessary for this operation. The building is owned by Goodwill Industries of
Southwest Florida, Inc., and is located at 907 Roberts Avenue in 1mmokalee. The space is Three
Thousand Three Hundred (3,300) square feel. The monthly rent is One Thousand Dollars ($1,000.00) and
includes all utilities pertaining to the program's operation to be paid for by the landlord. These costs
include electricity, telephone, water, sewer, janitorial service, and pest control service,
Since the program was required to commence as of January I, 2008, the landlord agreed to allow the
County to occupy the space as of that date, and has not required any payment of rent until a Lease is
finalized. With the early occupancy in mind, the Lease tenn shall be retroactive as of January 1,2008 and
will continue for one (I) year. The Lease includes a provision for the County to continue leasing the space
for up to three (3) years. The annual rent will be increased by four (4) percent annually. The Agreement
also includes an early tennination clause which allows the County to tenninate the Lease, at any time, by
providing the landlord with a thirty (30) day written notice without payment of rent after the thirty
(30) day period, costs, or penalty by the County. 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 Attomey for content
and legal sufficiency.
FISCAL IMPACT: The first year's annual rental of$12,000 will be paid in equal monthly installments
of $1,000, to be paid retroactively as of January 1, 2008, and shall be withdrawn from Fund 123, Cost
Center 155972. 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,
RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with
Goodwill Industries of Southwest Florida, Inc. and authorize its Chainnan to execute same.
PREPARED BY: Michael Dowling, Senior Property Specialist, Real Property Management
LEASE AGREEMENT
Agenda Item No. 16D4
April 22, 2008
Page 2 of 7
THIS LEASE AGREEMENT entered into this day of , 2008, between
Goodwill Industries of Southwest Florida, Inc., a not for profit Florida corporation, whose mailing address
is 4940 Bayline Drive, North Fort Myers, Florida 33917, 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 1.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR approximately
Three Thousand Three Hundred (3,300) square feet of unfurnished office space located at 907 Roberts
Avenue, Immokalee. Florida 34142, hereinafter referred to as the "Demised Premises", for the sole
purpose of operating a government office.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for one (1) year commencing January 1,2008
and terminating on December 31, 2008.
LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to
renew same for three (3) additional terms of one (1) year each, under the terms 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 "flitten 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, without payment ofrent after the thirty (30) day period, costs, or penalty by the County.
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 Charlles
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of
One Thousand Dollars ($1,000.00) monthly. Following the end of the first full year of tenancy, the annual
rental amount shall increase by four (4) percent for each ensuing year thereafter and any renewal terms
thereof.
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 (1/30th) of the monthly rental multiplied by the
number of rental days of such fractional month.
ARTICLE 4.
Modifications 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 tQ 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
Agenda Item No. 1 4
within which to approve or deny in wntmg said request for changes, improvements, alterations ~pril 22, 2 08
additions, LESSOR shall not unreasonably withhold its consent to ,equi,ed or appropriate alterations, Page 3 f 7
improvements, changes 0' additions proposed by LESSEE. If afte, 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.
ARTICLE S.
Assil!IllIlent 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 permit any other persons to occupy same without the written consent of
LESSOR. Any such assigrunent 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 amount 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 shall 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, LESSEE1S 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.
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
ARTICLE 10. Notices
Agenda Item No, 16D4
April 22, 2008
Page 4 of 7
Any notice which LESSOR or LESSEE may be required to give to the nther party shall be in
writing to the other party at the following addresses:
LESSEE:
Real Property Management
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSOR:
Goodwill Industries of Southwest Florida, Inc.
4940 Bayline Drive
Fort Myers, Florida 33917
(Attention: Bob Haenggi, VP Development Services
Ann: 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 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 or regulations of any public
authority.
ARTICLE 13. 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 information
regarding radon and radon testing may be obtained from Collier County Public Health Department.
ARTICLE 14. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE,
ARTICLE 15. 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:
A ITEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DATED:
BY:
Deputy Clerk
BY:
TOM HENNING, Chairman
3
n~
Agenda Item No. 16 4
April 22, 2 08
Page 5 f 7
AS TO THE LESSOR:
DATED:
GOODWILL INDUSTRIES OF SOUTHWEST,
FLORIDA, INC., a not for profit Florida corporation
ATTEST:
BY:
WITNESS (signature)
(print name and title of officer)
Print Name
WITNESS (signature)
Print Name
Approved as to form and legal sufficiency:
Jennifer A. Belpedio, Assistant County Attorney
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Agenda Item No. 16D4
April 22, 2008
Page 6 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D4
Meeting Date:
This item was continued from the April 8. 2008 Bee Meeting. Recommendation to approve
and execute a Lease Agreement with Goodwill Industries of Southwest Florida, Inc. for space
to accommodate the Housing and Human Services Senior Nutrition Program at the Roberts
Center, located at 905 Roberts Avenue in lmmokalee for an annual cost of $12,000. The cost
of this rental will be paid from Older Americans Act grant funding.
4/22/200890000 AM
Prepared By
Terri A. Daniels
Grants Coordinator
Date
Public Services
Housing & Human Services
3/21/20084:44:10 PM
Approved By
Marcy Krumbine
Director
Date
Public Services
Housing & Human Services
3/21/20086:42 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
3/25/20085:16 PM
Approved By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
3/28/200812:38 PM
Approved By
OMB Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
4/9/2008 10: 54 AM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/9/20084:45 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/10/2008 10:29 AM
Approved By
Jennifer A. Belpedio
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/10/2008 10:48 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Deputy County Manager
Date
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Agenda Item No. 16D4
April 22, 2008
Page 7 of 7
Commissioners
County Manager's Office
4/12/20082:21 PM
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