Agenda 03/10/2020 Item #16D 1 (CDBG funds at Senior Center BA)03/10/2020
EXECUTIVE SUMMARY
Recommendation to authorize a Budget Amendment in the amount of $90,000 utilizing
Community Development Block Grant FY2019/2020 funds for the renovations and
improvements at the Golden Gate Senior Center.
OBJECTIVE: To renovate the Golden Gate Senior Center and make the facility more efficient and
safer for staff and clientele.
CONSIDERATIONS: On March 12, 2019 (Agenda Item #16D14), the Board of County
Commissioners (Board) approved an “After-The-Fact” Community Development Block Grant
(CDBG) application to fund the renovations at the Golden Gate Senior Center. The CDBG Grant
Program is administered by the Collier County Community and Human Services (CHS) Division.
On March 20, 2019, Collier County Facilities Management received a conditional award for FY2019-
2020 CDBG Grant Funds and final approval on June 25, 2019, by the Board as a component of the
FY2019-2020 HUD Action Plan.
Collier Senior Resources, the program provider, will be collaborating with Facilities Management to
facilitate the renovations. The scope of the project includes adding three (3) additional offices. This
renovation will allow for more programs as well as privacy for counseling sessions, financial
assistance meetings, medical screenings, and meetings with AARP Foundation staff. The renovations
will also include an upgrade to the fire prevention system.
The total cost of the project is estimated at $100,000. Collier County Senior Resources will contribute
up to $10,000 as leverage towards the project, which will cover the costs for design and construction
expenditures exceeding the $90,000 awarded amount from CDBG Funds. Collier County Senior
Resources will pay those costs directly to the providers pursuant their lease agreement. Facilities
Management and CHS will ensure that the project is completed to meet all grant requirements.
FISCAL IMPACT: A Budget Amendment will be necessary to recognize CDBG grant funds in the
amount of $90,000 within Facilities Grant Fund (701), Project 33662. There is no required match for
this grant.
GROWTH MANAGEMENT IMPACT: No Growth Management impact.
LEGAL CONSIDERATIONS: HUD CDBG Regulations (24 CFR 570.503) require that grantees have
written agreements in effect for each subrecipient before giving out any CDBG funds. As such, an
MOU was used to memorialize the grant award to Collier County's Facilities Management Division
using applicable grant terms. As such, this Item is approved for form and legality and requires a
majority vote for Board approval. -JAB
RECOMMENDATION: Authorize a Budget Amendment in the amount of $90,000 utilizing
Community Development Block Grant FY2019/2020 funds for the renovations and improvements at
the Golden Gate Senior Center.
Prepared By: Tom Calderon, Grants Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. MOU (PDF)
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2. Award Letter (PDF)
3. Contribution Letter (PDF)
4. Lease (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.1
Doc ID: 11225
Item Summary: Recommendation to authorize a Budget Amendment in the amount of $90,000
utilizing Community Development Block Grant FY2019/2020 funds for the renovations and
improvements at the Golden Gate Senior Center.
Meeting Date: 03/10/2020
Prepared by:
Title: – Community & Human Services
Name: Tomas Calderon
12/31/2019 2:01 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
12/31/2019 2:01 PM
Approved By:
Review:
Facilities Management Damon Grant Additional Reviewer Completed 01/03/2020 10:17 AM
Community & Human Services Kristi Sonntag CHS Review Completed 01/03/2020 2:22 PM
Public Utilities Operations Support Tara Castillo Additional Reviewer Completed 01/07/2020 8:09 AM
Facilities Management Miguel Carballo Additional Reviewer Completed 01/07/2020 4:01 PM
Facilities Management Ayoub Al-bahou Additional Reviewer Completed 01/08/2020 1:28 PM
Operations & Veteran Services Kimberley Grant Additional Reviewer Completed 01/09/2020 9:38 AM
Public Services Department Todd Henry Additional Reviewer Completed 01/09/2020 3:37 PM
Grants Erica Robinson Level 2 Grants Review Completed 01/10/2020 4:00 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/13/2020 4:39 PM
Public Services Department Steve Carnell Additional Reviewer Completed 01/14/2020 1:24 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/15/2020 11:54 AM
Grants Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/16/2020 10:03 AM
Community & Human Services Cormac Giblin Additional Reviewer Completed 02/14/2020 12:35 PM
Grants Therese Stanley Additional Reviewer Completed 02/14/2020 2:47 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/01/2020 11:28 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/10/2020 9:00 AM
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Lease #PS-126
SECOND AMENDMENT TO
COLLIER COUNTY SENIOR RESOURCE CENTER
GROUND LEASE
THIS SECOND AMENDMENT TO COLLIER COUNTY SENIOR RESOURCE CENTER
GROUND LEASE (Amendment) entered into this 7 day of 2016, at
Naples, Collier County, Florida, by and between Collier County Senior Resource Center, Inc., a not-for-
profit Florida Corporation, whose mailing address is 4755 Tamiami Trail North, Suite 140, Naples,
Florida 34103, hereinafter referred to as "LESSEE", and Collier County, a political subdivision of the
State of Florida, whose mailing address is c/o Real Property Management, 3335 East Tamiami Trail,
Suite 101,Naples, Florida 34112, hereinafter referred to as "LESSOR";
WITNESSETH
WHEREAS, LESSOR and LESSEE have previously entered into a Collier County Senior Resource
Center Ground Lease ("Lease") dated July 28, 2009, and a First Amendment to Collier County Senior
Resource Center Ground Lease dated October 8, 2013; and
WHEREAS, the LESSOR and LESSOR are desirous of amending that Lease to provide for two
additional three year terms and remove rent requirement and reference County's reimbursement of
utilities as provided by Memorandum of Understanding between LESSOR and LESSEE dated
December 9, 2014.
NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Lease
dated July 28, 2009, and Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby
amended as follows:
1.) Article 2.1 the Lease, which is attached hereto and made a part hereof this Amendment, is
hereby amended as follows:
This Lease shall be for a term of three years commencing on the date this Amendment is
executed by the LESSOR (Initial Lease Term), and shall automatically renew for two additional three
year terms following the Initial Lease Term. LESSOR and LESSEE, however, shall have the option to
terminate the Lease by either party providing written notice to the other party at the addresses set forth
above, within sixty-days in advance of the intended termination date.
During the Initial Lease term, if LESSEE obtains a building permit in order for LESSEE to
construct its intended improvements at the Demised Premises, as outlined in the Ground Lease
Agreement dated July 28, 2009, LESSEE shall immediately provide LESSOR with a copy of said
permit. The issuance date of the building permit shall determine the commencement of the Lease Term
as referred to in the Ground Lease Agreement dated July 28, 2009. From that date, LESSEE shall
occupy the Demised Premises, as described in the Lease, for a term of thirty (30)years, and shall adhere
to the terms and conditions set forth in the Lease Agreement dated July 28, 2009. Additionally, the
LESSOR agrees to offer the LESSEE the right to renew the Lease, if LESSEE is not in default of any of
the terms and conditions of the Lease or this Amendment, for an extended ten-year period at the end of
the Initial Term and three additional renewal offers of ten years each thereafter.
If LESSEE is unable to obtain a building permit after the Initial Lease Term, and LESSEE
should desire to remain at the Demised Premises for an extended term, the parties may renegotiate for
an amendment to extend the term set forth herein.
t.:
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Packet Pg. 844 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
LESSEE LESSOR agrees to pay L SSOR LESSEE the sum of One Hundred Dollars ($100.00)
amount shall assist LESSOR with the cost for utilities at the Demised Premises. All payments shall be
R -.l Property Management, 3335 East Tami Trail,
Suite 101, Naples, Florida 31112.
LESSOR shall reimburse LESSEE on a quarterly basis for a portion of LESSEE'S monthly
utility expenses as set forth under the Memorandum of Understanding between LESSOR and LESSEE
dated December 9, 2014, which is attached hereto and made a part hereof this Amendment.
2.) Except as expressly provided herein, the Lease remains in full force and effect according to the
terms and conditions contained therein, and said terms a conditions are applicable hereto except as
expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Second
Amendment to Collier County Senior Resource Center Ground Lease the day and year first above
written.
AS TO THE LESSEE: COLLIER COUNTY SENIOR RESOURCE CENTER, Inc.,
a Florida not-for-profit Corporation
DATED: /0 -
B Y:
Witness (signature) JA ES BARTON, President
y1 /C /c C /<.0c,164 40
print name)
4fitness, ignature)
print na e)
AS TO THE LESSOR:
DATED: BOARD OF COUNTY COMMISSIONERS,
COLLI COUNTY,iLORIDA
ATTEST: •
DWIGHT E. BROCK, Clerk BY:
DONNA FIALA, Chairman
B
Deputy Clerk .At .a5taim+ to Chairman's
Approved as t iil rRakgality:
Jennifer A. Belped". o•
Assistant County Atto ey C>
N\
2
i/c, Ai.
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Packet Pg. 845 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
COLLIElk COUNTY SENIOR RESOURCE CENTER
GROUND LEASE
THIS LEASE is made and entered into this 2S$day of "L Y ,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.
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
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AA
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 fortheuseoftheLeasedLandistoconstruct,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)andotherlibraryusesasdeterminedbyLesseeandagreeduponbetweenLesseeandtheCollierCounty
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 hereunderandconsentingtosuchwork. During the term of this Lease,Lessee may erect signage on the LeasedLandandtheimprovementsconstructedbyLesseethereon,designating same as a Senior Resource
Center. Such signage may include the name or names of donor sponsors of Lessee. Any such
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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
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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. Nonce 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 any one occurrence and of not less than one million dollars($1,000,000.00)for property
damage in any one occurrence by preparing and delivering to the Division of Risk Management,Department of Insurance,a completed Flonda Fire Insurance Trust Fund Coverage Request Form
immediately upon completion of any improvements or structures as evidenced by the issuance ofaCertificateofOccupancybytheStateFireMarshall. 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
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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
16.D.1.e
Packet Pg. 850 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
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 ofany 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 theLeasedLandoccupiedbytheLessee, 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 requireLesseetoretainsaidimprovementsontheLeasedLandwhichimprovementswillbecomethe
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 remedyconsequentuponabreachthereofshallconstituteawaiverofanysuchbreachorofsuchcovenant,
agreement,term or condition. No waiver 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 effectwithrespecttoanyotherthenexistingorsubsequentbreach.
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,anyclaim,suit,liability,loss,damage,cost,and expense(including reasonable attorneys'fees)Lessorsuffersorincursinconnectionwithlossoflife,personal injury,or damage to property arising fromtheuseoroccupancyofthePremisesbyLesseeanditsemployees,agents,contractors,licensees,or invitees,but not to the extent caused by the negligence or willful misconduct of Lessor,its agentsoremployees. This indemnity shall survive the termination of this Lease. Lessor's liability issubjecttothelimitsofsovereignimmunitysetforthinSection768.28 of the Florida Statutes.
11.4 IfLessee 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
16.D.1.e
Packet Pg. 851 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
1 l.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 anyemployee,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 orbyanythirdpersontocreatetherelationshipofprincipalandagentorofpartnershiporofjointventureorofanyassociationbetweenLessorandLessee,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,unemploymentcompensation, 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
do 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 madeawareofthefollowing: Radon is a naturally occurring radioactive gas that,when it has accumulatedinabuildinginsufficientquantities,may present health risks to persons who are exposed to it overtime. Levels of radon that exceed federal and state guidelines have been found in buildings inFlorida. Additional information regarding radon and radon testing may be obtained from your
7
16.D.1.e
Packet Pg. 852 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
County Public Health unit
IN WITNESS WHEREOF,the parties hereto have set their hands and seals on the day and
year above first written.
LESSOR:BOARD OF COUNTY COMMISSIONERS,
166.f,rfp COLLIER CO ,FLORIDA
7:-•
11,441.1.t4AticA.;
eV; Z•
1114 , By:
E Donna Fiala,Chairman
Date:A ,.ts' .2049,
7
14 f t
A ovedirmandLega1
u ciency:
6# jit294,4_,
ASS4 ounty Attornejy.
Date: R.10.DE4
8
16.D.1.e
Packet Pg. 853 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
4
LESSEE:Collier County Senior Resource Center,Inc.
Ali•„VIP
Witnesses:
By:
r
Date: 21 1 OQl
Prin • N•
M1'”
Printed Name
STATE OF FLO
COUNTY OF /bear-
I
Subscribed and sworn to before me by oU1 {1 tl h- S ,as Le 5 e
of Collier County Senior Resource Center,Inc.who is'. rs•nallY known to me
or who has produced as identification and w . • 'r ' not take a i
WITNESS my hand and official seal this a7 day of AtAI1)t ,2009.
icaL
SUSAN M.BARTON
n caoussiox uo on3 Notary Public
EXPIRES:Mi 20012
Noisy Olsors
h.
affix notarial seal)Print Name: S‘.k.5AI M c RTa r"
My Commission Expires:A41- ' 12.
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
16.D.1.e
Packet Pg. 854 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
EXHIBIT"A"
A portion of Golden Gate Unit 4,Block 115
Section 21,Township 49,Range 26
12.54 acres
Folio/Parcel Number;36110040005
Property Address:4715 Golden Gate Parkway
as depicted on the attached drawing.
10
16.D.1.e
Packet Pg. 855 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
4.
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THE COLLIER COUNTY
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CENTER
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GOLDEN GAOMMUNITY CENTER SITE PLAN ,c,OScale: 1" = 150'-0"
16.D.1.e
Packet Pg. 856 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
Lease#PS-126
FIRST AMENDMENT TO
COLLIER COUNTY SENIOR RESOURCE CENTER
GROUND LEASE
TI-IIS FIRST AMENDMENT TO COLLIER COUNTY SENIOR RESOURCE CENTER GROUND
LEASE entered into this ' day of (,) e 2013, at Naples, Collier County,
Florida by and between Collier County Senior Resource Center,Inc.,a not-for-profit Florida Corporation,
whose mailing address is 4755 Tamiami Trail North,Suite 140,Naples,Florida 34103,hereinafter referred
to as"LESSEE",and Collier County,a political subdivision of the State of Florida,whose mailing address
is 3335 East Tamiami Trail,Suite 101,Naples,Florida 34112,hereinafter referred to as"LESSOR";
WITNESSETH
WHEREAS, LESSOR and LESSEE have previously entered into a County Senior Resource Center
Ground Lease("Lease")dated July 28,2009;and
WHEREAS,the LESSOR and LESSOR are desirous of amending that Lease;and
NOW,THEREFORE,in consideration of the covenants and agreements provided within the said Lease
dated July 28, 2009, and Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby
amended as follows:
1.) Article 1.1 of the Lease is hereby deleted in its entirely and replaced with the following:
During the term setforth in item 2 of'this Amendment,the LESSEE shall utilize approximately
1,000 square feet, as shown on Exhibit 'A', which is attached hereto and made a part of this
Amendment.
2.) Article 2.1 of the Lease is deleted in its entirety and replaced with the following:
This Lease shall he for a term of three years commencing on the date this Amendment is
executed by the LESSOR(Initial Lease Term).LESSOR and LESSEE,however, shall have the option
to terminate the Lease by either party providing written notice to the other party at the addresses set
forth abcive,within sixty-days in advance of the intended termination date.
During the Initial Lease term, if LESSEE obtains a building permit in order for LESSEE to
construct its intended improvements at the Demised Premises, as outlined in the Ground Lease
Agreement dated July 28, 2009, LESSEE shall immediately provide LESSOR with a copy of said
permit. The issuance date of the building permit shall determine the commencement of the Lease Term
as referred to in the Ground Lease Agreement dated July 28, 2009. From that date, LESSEE shall
occupy the Demised Premises,as described in the Lease,for a term of thirty(30)years,and shall adhere
to the terms and conditions set forth in the Lease Agreement dated July 28 2009. Additionally, the
LESSOR agrees to offer the LESSEE the right to renew the Lease,if LESSEE is not in default of any of
the terms and conditions of the Lease or this Amendment,for an extended ten-year period at the end of
the Initial Term and three additional renewal offers of ten years each thereafter.
if LESSEE is unable to obtain a building permit after the Initial Lease Term, and LESSEE
should desire to remain at the Demised Premises for an extended term,the parties may renegotiate for
an amendment to extend the term setforth herein.
LESSEE agrees to pay LESSOR the sum of One Hundred Dollars($100.00)per year and will be
paid fifteen days from the date in which LESSOR executes this Amendment, and shall provide annual
payments for each year thereafter by the anniversary date of this Amendment.This amount shall assist
LESSOR with the cost for utilities at the Demised Premises. All payments shall be rendered to the
Board of County Commission c/o Real Property Management,3335 East Tan-u Trail,Suite 101,Naples,
Florida 34112.
3.) Section 6.2 shall be deleted in its entirety.
4.) LESSOR., its duly authorized agents, representatives and employees, shall have the right, after
reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all
reasonable hours for the purpose of examining the Demised Premises and making repairs or providing
services therein, and for the purposes of inspection for compliance with the provisions of this lease
Agreement.
16.D.1.e
Packet Pg. 857 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
5.) During the term of this Amendment, prior to making any changes, alterations, additions or
improvements to the Demised Premises,I,ESSEE 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. LESSOR shall not unreasonably withhold its consent
to required or appropriate alterations,improvements,changes or additions proposed by LESSEE.If alter
thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans,
then such silence shall be deemed as a denial to such request to 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 shall at once,when made
or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to
the termination of this Lease or any renewal term thereof, if LESSOR so directs, 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; and in default thereof, LESSOR may complete said removals and repairs at
LESSEE'S expense.
6.) Except as expressly provided herein,the Lease remains in full force and effect according to the
terms and conditions contained therein, and said terms a conditions are applicable hereto except as
expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First
Amendment to Collier County Senior Resource Center Ground Lease the day and year first above
written.
AS TO THE LESSEE: COLLIER COUNTY SENIOR RESOURCE CENTER,Inc.,
a Florida not-for-profit Corporation
DATED "ti tY/ 8
By,
Witness(signature)
12 es CO TSAI:701Q - OCA-4i IL
raa4 t..4AsA.t._ Print name and title)
print 4,,..-
WitnessWitness(signature)
Z412-4Zatilft.)
print name)
AS To THE LESSOR:
DATED: /.. 7f ',-/'3 BOAR
f-
OF QOUNTY C MMISSIONERS,
COLL :R'C "Y,E ORIDA
ATTEST: ' ' ---:' ' - '''''''.-l , i
DWIGHT E.BROCK,CI6-k BY: k
r
GWROIA A.HILLER,ESQ.,Chairwoman
BY. etclut
AtreStaS w ' ' ,. -
fInz.I.11rnttly,.
Approved as to form and legality:
pr..),
Jenni t..r A.Belpedio,Assistant County Attorney
2
16.D.1.e
Packet Pg. 858 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
7..."
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16.D.1.e
Packet Pg. 859 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") i executed this
day of -i)c-c" e- tie r 2014 by and between Collier County 18enior Resource
t
Center, Inc. d/b/a Collier Senior Resources ("CSR") and Collier County ("Collier
County"),
RECITALS
WHEREAS, CSR is a 501(c)3 non-profit organization workini to address the
needs of older adults and caregivers in Collier County, Florida, concentr4ting specifically
in providing person-focused, coordinated services to enhance the independence, dignity
and quality of life of seniors in the Golden Gate community; and
WHEREAS, Collier County provides a senior nutrition program ;that is sponsored
by the Department of Elder Affairs through the Area Agency on Aging designed to
promote better health among Collier County's elderly citizens who are 60 and over and
have the greatest economic need by providing nutritious meals leach weekday,
supplemented by nutrition education programs to encourage more healthul eating habits
at home; and
WHEREAS, CSR and Collier County wish to collaborate] and use their
resources to providing a nutrition program at the Golden Gate Seni&r Center, 4898
Coronado Parkway,Naples,Florida and with to memorialize their understanding;
AGREEMENT
NOW,THEREFORE,the parties agree as follows:
1. The foregoing recitals are true and correct and are incorporated herein by
reference.
1 i
i
Cq
16.D.1.e
Packet Pg. 860 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
2. CSR and Collier County wish to provide a nutrition program for seniors that
will benefit from the combined strengths of both organizatio1s. This MOU
serves to memorialize that agreement and intent.
3. Joint Collaboration. CSR and Collier County agree as follows:
a) The Golden Gate Senior Center will house the nutrition program, in an
atmosphere of mutual respect and consideration for one mother and the
other agencies and organizations operating at this location.
b) The parties will collaborate and cooperate to provide as high quality
nutrition program.
c) The environment at the Senior Center shall be one of non-discrimination,
recognizing the rich diversity of the clients.
4. CSR's Contributions. CSR agrees to contribute as follows tct the nutrition
program:
a) CSR shall provide a dedicated space at the Senior Center for the nutrition
program, (Monday-Friday, 8am — 1:30 pm for conducting a hot lunch
program for senior residents, age 60 and over).
b) Arrange for necessary build-out and/or renovations as agreed upon
between the parties, including the provision of electrical afid plumbing
requirements.
c) Access of CSR's Program Director, who serves as an overfill coordinator
or programs and services at the Senior Center;
d) Provide external and internal signage;
e) Support the rules of Older Americans Act programs as outli4ed in services
2
16.D.1.e
Packet Pg. 861 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
i t
manual; understand and restrict kitchen access during meal service times
only to authorized personnel and participation in the program only to
qualified clients.
f) Staff will become knowledgeable of program and provide answe4s to inquiries and
encourage participation.
g) General maintenance,cleaning and upkeep for the Senior Cetter including
facility inspection reports such as fire,health and pest contra(1 on request;
h) Telephone and Internet access;
i) Further opportunities to collaborate with others in an of`prt to expand
outreach and clientele.
j) General liability insurance coverage, subject to availability.
k) Policies and procedures appropriate for a Senior Center.
5. Collier County's Contributions. Collier County agrees to contrtibute as follows
to the nutrition program:
a) Sufficient trained staff, including volunteers and back up staff in the event
of staff absences, to staff the nutrition program in all respects, including
nutrition education, participant assessment, reserving and 'ordering meals,
oversight, inspections, safe arrival, preparation, maintenance]of temperature
logs of meals, refrigerator/freezer, thermometer; table set tip, table clothes
and decorations, proper meal service, delivery, clean-up? including spot
cleaning after meals to ensure food and liquids are cleaned up, survey and
evaluations, as well as other required procedures for a skfe and healthy
congregate meal service.
b) Office, kitchen, and other equipment and supplies as required to
3
16.D.1.e
Packet Pg. 862 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
support Collier County's nutrition programs and services.
c) A locked donation box for voluntary and confidential cash donations by
participants;
d) Outreach and publicity to promote participation in the program;
e) Signs and labels as needed for program compliance that arelconsistent with
Collier County standards;
f) Completion of an incident report for any unusual health situation or other
emergency involving a client;
g) Provide for updates of program to CSR staff and the GGL enior Meal
Program Advisory Board as indicated.
h) Be responsible for damage to the building and or damage to equipment in
the building during hours of occupancy caused by senior mal participants.
i) Collier County will provide One Hundred Dollars ($100.G0) to CSR each month
to defray the cost of electricity; CSR shall send an invoiceto Collier County on a
quarterly basis.
j) Maintenance of insurance in amounts necessary to satisfy C4SR and Collier County,
including but not limited to general liability and jvorkers' compensation
insurance. Proof of insurance shall be a prerequisite td Collier County using
the Senior Center.
k) Compliance with the Golden Gate Senior Center rules, pplicies, and
procedures, as amended from time to time, which incline but are not
limited to proper disposal of trash, cleaning the areas of the Benior Center
utilized by Collier County, parking in the designated areas; ensuring that
the building is properly secured (including locking external doors and
4
16.D.1.e
Packet Pg. 863 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
arming alarms), participating in training and meetings as reasonably
required.
6. Termination. Either party may terminate this Agreement with si*ty(60) days
prior written notice to the other party. All obligations of the parties!shall terminate
on the last calendar day of the month following the date of the notice of termination.
7. Choice of Law / Venue. This Agreement shall be governed by the laws of the
State of Florida. Any action brought to interpret or enforcei this
agreement shall be brought in the courts serving Collier County,FF.orida.
8.Counterparts / Electronic Signatures. This Agreement may be signed in
Counterparts, and when taken collectively, shall be one ;and the same
document. This Agreement may be signed electronically, 'vhich shall be
enforceable as if the signature was original.
9. Indemnification. Collier County agrees to indemnify and hold CSR harmless
from any and all liabilities, claims, demands, losses, damages, costs and
expenses (including, without limitation, reasonable attorneys' fes, whether or
not suit be brought and including such fees on appeals), actiois or causes of
action arising out of or relating to the use of the Senior Cdnter by Collier
County and/or this Agreement.
10. Complete Agreement / Modifications /Assignment. This Agreement constitutes
the entire agreement between the parties regarding the issues atdressed herein.
Any prior written or verbal agreements are superseded by this Agreement. This
Agreement may only be modified in writing, executed by all parties. This
Agreement is non-assignable by the parties and shall inure to tile benefit of the
parties' successors.
5
U
16.D.1.e
Packet Pg. 864 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)
COLLIER COUNTY SENIOR COLLIER COUNTY
RESOURCE CENTER,INC.
d/b/a COLLIER SENIOR RESOURCES:
f
By:^ _ i
Name r4w'e-e 1`4' 1 br^ Name: To v.k4 - 7' A N
Title: `--''`f4i'-'' Title:C.41 A 1 R J
1zIRlk`t
NAPLES/830834v.1
d
ArreI c,,;
Approved as to fc}nn and legalityDOIC41.1rgr;1 00‘as*
A;start Cows •n ey Q
Att aptgp 4-
tslgll NF1 .. ... 5``
I
6
16.D.1.e
Packet Pg. 865 Attachment: Lease (11225 : Golden Gate Senior Center Renovations)