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Agenda 04/28/2020 Item #16C 3 (Tourism Office Lease Horseshoe Drive)04/28/2020 EXECUTIVE SUMMARY Recommendation to approve Amendment No. 2 with South Florida Water Management District to continue leasing office space for Tourism on Horseshoe Drive North and to revise the annual rent amount. OBJECTIVE: To approve Amendment No. 2 to continue leasing office space from South Florida Water Management District for the Tourism office for one additional year. CONSIDERATIONS: Since 2014, the County has been leasing approximately 4,480 square feet of office space that is owned by South Florida Water Management District (SFWMD) located on Horseshoe Drive North. This office was once occupied by Tourism and Economic Development, but most recently, by Tourism alone. The initial five-year lease term expired on May 31, 2019, and an Amendment was approved by the Board on April 23, 2019, Agenda Item 16.C.7 extending the term for one additional year. At this time, the County wishes to continue leasing at this location for another year or until Tourism can be relocated to a County-owned facility, which is planned to occur prior to the one-year extension. At this time, SFWMD is requesting that an Amendment be executed on behalf of the County to renew the lease for one year. The County can terminate the Lease at any time by providing sixty days written notice. All terms of the initial Lease shall remain in full force. FISCAL IMPACT: The first year’s annual rent of $74,371.14, shall continue to be paid in equal monthly installments of $6,197.59, as well as any utility charges, shall be paid proportionately from TDC - Promotion/Spec (194), TDC Advertisement and Promotions CAT B (101540) and General Fund (001), Business and Economic Development (138760). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: To approve and authorize the Chairman to execute Amendment No. 2 with South Florida Water Management District. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Tourism Second Amendment 3-2020 (PDF) 2. Tourism First Amendment and Original Lease (PDF) 16.C.3 Packet Pg. 1637 04/28/2020 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 11899 Item Summary: Recommendation to approve Amendment No. 2 with South Florida Water Management District to continue leasing office space for Tourism on Horseshoe Drive North and to revise the annual rent amount. Meeting Date: 04/28/2020 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 03/05/2020 12:04 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 03/05/2020 12:04 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 03/05/2020 2:25 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/05/2020 4:20 PM Facilities Management Damon Grant Director - Facilities Completed 03/06/2020 10:56 AM Tourism Jack Wert Additional Reviewer Completed 03/06/2020 1:20 PM Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/09/2020 8:57 AM Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/09/2020 3:32 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/10/2020 11:40 AM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/10/2020 12:02 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/10/2020 12:38 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/10/2020 3:32 PM Budget and Management Office Ed Finn Additional Reviewer Completed 03/17/2020 11:08 AM County Manager's Office Sean Callahan Level 4 County Manager Review Completed 04/21/2020 9:24 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/28/2020 9:00 AM 16.C.3 Packet Pg. 1638 4600003056-A02 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT AMENDMENT NO. 02 TO LEASE AGREEMENT NO.4600003056 BETWEENTHE SOUTH FLORIDA WATER MANAGEMENT DISTRICT COLLIER COUNTY, FLORIDA This AMENDMENT NO. 02, is entered into on to that Lease Agreement having an effective date of June 1,2014, and as amended on May 20, 2019 (Amendment 0l ), between "the Parties," the South Florida Water Management District, a govemmental entity created pursunt to Chapter 373 Florida Statutes (DISTRICT), and Collier Cotmty, a political subdivision of the State of Florida (COUNTT. Background l. The Goveming Board of the District, at its May 14,2014 meeting, approved entering into this Lease Agreement with the Parties for a five (5) year lease ofa portion ofthe Big Cypress Basin Service Center. 2. Tl'rc term of the Lease Agreement is five (5) years with three one-year renewal periods to be exercised at the option of the DISTRICT. 3. The Parties amended the Lease Agreement to extend the period of performance (Amendment 0l ), of the Lease Agreement. 4. The Parties wish to amend the Lease Agreement to extend the period of performance, revise the annual rental amount, and amend the Terms and Conditions of the Lease Agreement. 5. The term ofthe Lease Agreement is hereby extended by 365 days and the expiration date, as amended, is May 31, 2021. Regardless of the actual date of execution, this AMENDMENT NO,02 shall be effective as ofJune 1,2020. Prg. I of3, Amcndmcnt No. tr2 to Lcasc Agtcmcnt No. 4600003056 AND Tcrms end Conditions @ 16.C.3.a Packet Pg. 1639 Attachment: Tourism Second Amendment 3-2020 (11899 : Tourism Office Lease Amendment) SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT This AMENDMENT NO. 02 shall be at no additional cost to the DISTRICT. The annual rent amount is also hereby revised as follows: (June I (June I (June t (June I (June I (June I (June I , 2014 - May 31, 2015): , 2015 - May 31,2016): 2016 - May 31, 2017): 2017 - May 13,2018): 2018 - May 31, 2019): 20t9 -May 31,2020): 2020 -May 31,2021): $64,130.00 or $5,344.17 per month $65,733.25 or $5,477 .77 per month $67,376.58 or $5,614.72 per month $69,061.00 or $5,755.08 per month $70,787.52 or $5,898.96 per month 572,557.21or $6,046.114 per month $74,371.14 or $6,197.59 per month Total Seven (7) Year Lease: $484,016.?0 8. Paragraph 17 is hereby deleted and restated as follows "Termination for Convenience, Either party may terminate this Lease at any time for convenience by providing at least sixty (60) days prior written notice to the other party. Neither party will have liability for any loss resulting from the termination including, but not limited to, lost profits and consequential damages. In the event of termination for reasons other than the County's default, the District will retum to County a pro-rata share ofany rent paid for any unused term of the initial five (5) year Lease. surrender. The county shall at the expiration or other termination of this Lease remove all county's goods and effects from the Premises. county shall deliver to the District the Premises and all keys and other fixtures in good condition. In the event county fails to remove any of its property from the Premises, the District is hereby authorized, without liability to County for loss or damage thereto, and at the sole risk of County, to remove rctain destroy or sell it without notice." 9. All other terms and conditions of the Lease Agreement remain unchanged IN MTNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 02 on the date first written above. Pagc 2 ofl, Am.Ildm.nt No. 02 to Lcasc ASrrcmrflt No. 4600003056 @ 6. 7. Year One Year Two Year Three Year Four Year Five Year Six Year Seven 16.C.3.a Packet Pg. 1640 Attachment: Tourism Second Amendment 3-2020 (11899 : Tourism Office Lease Amendment) SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT SOUTH FLORIDA WATER MANAGEMENT DISTRICT Candida Heater, Director Administrative Services Division JA wy€A- COLLIER COUNTY, FLORIDA By: Burt L. Saunders, Chairman SFWMD OrFrcE oF CouNsEL APPRovED BYI -r*lt.rPRINTN D^TE:I "x"or% Approvcd as to lbmr and lcgllily DAT ATTEST CRYSTAL K. KINZEL. CLERK BY: By: ,v Page I of3, Anlendnrenl No. 02 to lrase Agreement No. 4600003056 @ 16.C.3.a Packet Pg. 1641 Attachment: Tourism Second Amendment 3-2020 (11899 : Tourism Office Lease Amendment) ORICINAL SOUTII FLOIIIDA WATER MANAGIiMENT DISTIIICT AMENDMENT 4600003056-A0l ANIIiNDMINT NO. O1 '1 O ..\(; ltl,lI,ll\'l LNl' NO. .l(r00003056 ll t,t I \\ I,],,\' ll,_ SOU'tII FL()ItIDA WATER MANAGEMEN'I- DI Sl'IIICl' ANI) BOARD OF COUNTY COIIIMISIONERS, COLLI[,R COUNTY, FLORIDA This AMENDMENT NO. 0l , is entcred into on HAY 2 .J 201Sto tlrat A greement dated .lunE l, 2014, between "the Parties." the South Fl<,rrida Water Mauagement District (DISTRICT), and Colliel Coruity Board of Counly Commissiouers (AGENCY). llachground 2. The lerm ofthe ngreement is five (5) years with three one-year renewal periods to be exelcised at the option ofthe DISTRICT. 3. The Paties wish to anrend the Agreement to extelld the peliod ofpellormance and revise the annual rental amount ofthc Agreement. 'l crms a ntl Contlitions 4. The term of the Agreenent is heleby extended by 365 days and the expiration date, as amended. is May 31 , 2020. Regardless of the actual date of execulion, this AMENDMENT NO. 01 shall be effective as ofJune 1,2019. 5. ]'his ALENDMEN'I NO. 0l shall be at no additional cost to the DISTRICT' 6. The annual rent amount is also hereby revised as follows: (June l, 2014 - May 3 l, 2015): $64,13000or$5.344.l7pernontlr (June l. 2015 - May 3 l, 2016): $65.713.25 ot $5.477.1'/ perrnonth (June 1.2016 May 31,2017): $67.376.58 or $5.614 72 Pcr rrtorrllr Poge I of2. Amendmenl No 0l lo ASreemerl No. 4600001056 Year One Year Trvo Year'lhtec L The Goveming Board of the District, at its May 14,2014 meeting, approved entering into this Agreement with the Parties fol a five (5) year lease ola portion of the Big Cypress Basin Service Center. 16.C.3.b Packet Pg. 1642 Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment) SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMtrNT Year Four Yeal Five Year Six (June (June (Ju r:e 1,2 1,2 t,2 017 - May 13, 2018) 018 - May 31, 2019) 019 - May 31, 2020) Total Six (6) Year Lease: $409,645.56 7. Thc Contract Spccialist for the DISTRICT is amended to be Jose Esquivel, Iocated at 3301 Gun Club Road, telephone number (561) 682-2119. 8. Atl other terms and conditions ofthe Agreement remain unchanged. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 0l on the date first wr.itten above. SOUTTI DA WATER MAN EMEN'I- DIS'f ITICT ABy By: Title: Administrative Services Division BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA V ST'W IDP BY DAlE 2 t y''qs ,? ,/6 ,c -7 {] ATTEST . CRY K. KIN William L. McDaniel, Jr. Chairman CLERK Approvcd as to lbrtn arrrl lcgirlity as to Chairman's r,i3i'irluie only, Prgc 2 oI2, Am.ndnr tNo.0l to ASr.cmcnt No.4600003056 SSlS tsnl County Al $69,061.00 or'$5,755.08 pcr north $70,787.52 or $5,898,96 per nonth $12,557.21or $6,046.44 pel monrh 16.C.3.b Packet Pg. 1643 Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment) ORIGINAL Ofiice Lease This Lease (..l-ease") is made and entered into by and between the souttr Florida watcr Mrnrgemcnt Disrid (DisEict), a govemment entity existing under chapter 373, Florida s-tatules: and Colliei County (County). The Effective Date ofthis Lease and address of the parties are provided below. Key Terms Lessce:Collier County Lesse Term & Erpiration: L€sse Purpme:Ofnce Space Districl Propcrty Neme & County: 2660 Horseshoe Drive Nonh Suite 105 Naples, FL 34104 Collier County Aree Lcased: 4600003056 Encumbrance ID:Not Applicable Monthly Peynent I)ue Dete: l" ofeach month, in advance, commencing on the dalc of execution ofthis Lease Rent rnd Annurl Adj u!tments: Total $337,088.35 See paragraph 6 Send Noticer to County Projcct Mrnrger: Michael Dowling 3335 Tamiami Trail East Naples, FL 34112-5146 SFWMD Attention: Michael Hirock General Services Section Administrator 3301 Gun Club Rd West Pah Beach FL 33406 or E-mail: mhiscoc@sfi.vmd.qov Send Peyments to tbe District: South Florida Water Management District P.O. Box 16606 West Palm Beach- FL 33416-6606 Federal Tax ID # 59.6015290 Page I of9 Joc-aS* /l I l. Premises. The District hereby leases to County aPproximat ly 4,840 square fea of office space as described in Exhibit A together with the right to us€ in common with olhers, the hallways necessary for access to the leas€d premises, and restrooms nearest to the leased space, (the "Premises"). 2. Key Terms. The Key Terms set forth above are Part ofthis t eas€ ("Key Terms"). 3. Erhlbits. Erhibit A (Description and Site Plan of the Leased Premises) is attached to and made a part of this kase. 4. fursc Term. This l"rase is valid for five (5) years and shall terminate on the date indicated in the Key Terms set forth above, unless earlier terminated pursuant to other provisions of this June 1.2014Elfective Dete : Contnct Number: MichaelDowline@colliersov.net Fivc (5) Years; M.y 31,2019 Thrcc option ooc )€tr Ianewals See Exhibit A Setrd Notice to the District Pmject Mrncgers 16.C.3.b Packet Pg. 1644 Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment) L€ase (..1-ease Term"). At the option of the District, this Lease may be renewed for three additional one- year periods. 5. Use of the Prrmise* The County shall use the Premises for general office use only and shall comply with all City zonrng requirements. Other uses are not allowed without specific prior written authorization from the District. 5. Rent. County shall pay rent to lhe Dstrict as stated below (the 'Renf). (a) Total Five (5) Year trase: $337,088.35 (b) The Rent amount shown is based on 4,840 per square foot C'SF")' The starting lease rate is $13.25lSF. Each subs€quent year shall be escalated by 2.5Yo. (c) The Rent is payable in monthly installments, in advance, on the first day ofeach month. If the parties elect to begin the lease sooner than June l, 2014 or if the lease ends on a day other than the first or last day ofa calendar month, the installment ofRent payable on the fint day ofthe Lease Term, or the first day of the last calendar month of the Lease Term shall be prorated for such first or last partial year on the basis ofa 365day year. County will pay all Rent without set-off, deduction, counterclaim or demand to the District at its address set forth in the Key Terms. County shall address rent payments and maintenance questions to the District as set forth in the Notice section ofthe Key Terms on page I ofthis Lease. (d) Prior to the expiration of the Lease tem and prior to the expiration of any Lease extensions, the County may requesl an extension of the term of this Lease by providing written notice to the District nol less than six (6) months prior to the expiration of the Lease or any Lease extensions. Upon the receipt of such written notice, District shall have the right, in its sole and absolute discretion, to approve or reject County's rcquest for an extension of the [.ease. In the ev€nt the District approves County's request for an extension, Disrid will provide written notice to County of such approval, including the rental amount for the extension. County shall than have ten (10) days from the date of District's approval notice to provide written notice to District of its acceptance or rejection of the terms of the extension. In the event County accepts the extension and the corresponding rcnt, the parties shall execute an extension of this Lease on or before the expiration ofthe current term. All other terms and conditions of this Lease shall rcmain in full force and effect throughout any and all extensions of this Lease unless modified through the executed Lease extension. (e) Late Chuge. lf rcnt or any other sum payable hereunder remains outstanding for a period often ( l0) days, the County shall pay to the District a late charge equal to one and one-halfpercent (1.5olo) ofthe amount due for each month or portion thereofduring which the arrearage continues. 7. S€!"vic6 rnd other items provided utrder the Lease. In consideration of Rent paid by the County the District will provide the following items. (a) The District will maintain the exterior of the Premises in the same manner it provides for the other buildings on site owned by the District. Year One (J Year Two (J Year Three (J Year Four (J Year Five (J une l, 2014 - May 3l une l, 2015 - May 3 I une l, 20l6 - May 3l une l, 2017 - May 13 une l, 2018 - May 3l $64,130.00 or $5,344.17 per month $65,733.25 or $5,417.77 per month $67,376.5E or $5,614.72 per month $69,061.00 or $5,755.08 per month $70,787.52 or $5,898.96 per month 2015): 20 r 6): 20r 7): 2018): 2019): Page 2 of 9 16.C.3.b Packet Pg. 1645 Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment) (b)The District will pay for water and sewer services for the Premises' Common Area Maintenance (CAM) fees including garbage collection shall be paid by(c) the District. (d) Parking is provided for both personal and county-owned vehicles at the county's own risk. The County may not storre any other vehicles, equipment or boats in the parking lot. The District assumes no responsibility for the safety or security ofany vehicles or for County staff or visitors. E. Items not provided under the Lease. The District will not provide the following items and they are the County's responsibility. (a) The County is responsible for gas, heat, ligh! power, telephone and any other utilities and services it requires. (b) The County is responsible for obtaining any janitorial services, other cleaning services, and pest control services it may need. (c) The County is rcsponsible for all interior maintenance, repairs or improvements it requires. (d) The County is rcsponsible for safety, security and insurance of its property, employees, visitors and invitees. The District assumes no responsibility for the safety or security ofany vehicles or County staff, visitors, or invilees. 9.Alterations end Improvements. (a) The County shall not make any alterations, additions or improvements to the premises without written consent ofthe Disrict. Such alterations, additions or improvements shall be made at the sole expense of the County and must be executed in accordance with applicable building codes and local regulations. O) At the conclusion ofthe Lease, all improvements will become the property ofthe District except those fixtures which are removable without damage whatsoever to the building that the County may take with them. The Disaict will not pay the County for any improvements. (c) If the District terminates this lease for convenience during the initial 5 year lease term, the District will pay the County up to $ I 5,000 for the pro-rata cost of the improvements for the remaining term of tie lease. The District will only pay for those improvements for which the County provides proof of the cost. For example, if the District terminates the lease after Year l, and the County provides proof that it spent $ 10,000 on improvements, the District will pay the County $E,000. The District will not pay the County for improvements if the District terminates the lease for cause or if the County terminales the lease for any reason. 10. Maintenanc.e. The County acknowledges that the Pr€mises are in good condition at the beginning of this lease and shall maintain the Premises in good order and condition at its sole cost and expense. All maintenance and repairs ofthe Premises shall be done in a good and workmanlike manner and to the satisfaction of the District. The County shall maintain and repair, at its sole cost and expense, plumbing, electrical, HVAC and other systems within the demised Premises as required to keep the Premises in good working order and condition. The County shall keep the leased property clean and fiee Page 3 ofg 16.C.3.b Packet Pg. 1646 Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment) of debris and shall provide adequate security to reasonably prevent vandalism, unauthorized entl'y and darnage to the property. ll. Signrge. No signs shall be placed on the property without specific. prior written authorization from thJ oisfiict. Tie County -uit obtain any and all permits and approvals for signs as required by the city of Naples and othlr applicable rcgullory agencies. The cost of fabricating, constnrcting and/or erecting signage shall be the sole responsibility ofthe County' 12. District's Access, The District or its agent may enter the leased premises at any reasonable time for the purpose of examining the Premises or for making any other repairs the District determines is necessary for the safety and preservation of the Premises 13. Notic.e, All formal notices between the parties under this Lease must be in llTiting and will be deemed received if sent by U.S. mail. electronic mail, or overnight delivery, or for cure and default notices by certified mail, to dle respective addresses stated in the Key Terms on page I of this Lease. All noticis under this Lease shall be considered detivered upon receipt. Ifeither party changes its address, it must send written notice of its new address to the other party. County must reference tie District's Contract Number specified in the Key Terms on page I of this Lease on all notices to the District. The parties shall direct all matters arising in connection with the performance of this Lease, other than payments to the attention of the respective Project Managers specified in the Key Terms on page I of this Lease. The Project Managers will coordinate and oversee all matters relating to the pe.fo**"" of this tease. County shall submit all payments to the address stated on page I of this l.ease. 14. Comptiance with Laws. County, its employees, subcontractors, and assigns shall comply with all applicable federal, state, and local laws and regulations relating to the performance ofthis Lease. County shall not allow on the leas€d premises or elsewhere on the District's property any hazardous toxic, inflammable, combustible or explosive fluid, material, chemical or substance. County must comply with requirernents imposed by the Am€ricans with Disabilities Act relative to the lsyout of the leased premises and any work performed by the County therein. County must obtain and pay all fees for any and all licenses or permits required to operate their business on the premises. 15. Risk and Insurence. All penonal property of any kind that may be on the Premises during the Lease Term is at the sole risk ofthe County. The District is not liable to County for any loss or damage to it. County is solely responsible for security and insurance for all personal property located in the Premises as well as any damage or loss County causes to the District's r€al or Pemonal property. County assumes all risk of personal injury, bodily injury, wrongful death, and property damage or loss to itselt its officers, employees, contractors, agents, and visitors unless the damage, injury, death, or loss was caused by the District. Each party represents that it has adequate insurance coverage or is self-funded for any losses or claims for bodily injury, personal injury, wrongful death, property damage or loss, and workers compensation. The County shall rcquire all its contractors: I ) to obtain comprehensive general liability insurance and auto liability insurance with minimum limits of coverage in th€ amount of $2,000,000 per occunrence! bodily and property damage combined, 2) list the District as additional insured, and 3) indemnif and hold the District hamless fiom all damages arising in connection with this Lease. 15. I)amcge to Premises. The County must, in the case of fire or water damage of any kind' give immediate notice to the District. In the event the premises herein should be so damaged thar the District must make extensive repairs or rebuild the premises, all occupancy shall cease. Page 4 of9 16.C.3.b Packet Pg. 1647 Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment) lT.TermingtionforConvenience.EitherPartymayterminatethistrasealanytimefor convenience by providing at least six (6) months prior written notice to the other party. Neither palty will have liability ioi uny toir resulring fiom the termination including but not limited to, lost profits and "onr"qr"nti"t damaies. In the ev-ent of terminstion for reasons otler than the County's default, the Dist-ici will ..t rn to County a prG.rata share of any rent paid for any unused term of.the initial five (5) year Lease. Surrender. The Cbun.y- shall at the expiration or other termination of this lease remove all Lounty', goods and effects from the Prcmises, including all signs and lettering afiixed or painted by the Cornty, "i-th", inside or outside the Prcmises. County shall deliver to rhe District the Premises and all keys and other fixtures in good condition. In the event county fails to remove any of its prcperty from the premises, the District ii hereby authorized, without liability to Counlv for loss or damage ther€to' and at the sole risk ofCounty, to r€move. retain. destoy' or sell it without notice. 18. condition of thc Prcmisee. The Premises are leased in its "As ls, where Is, and with All Faults" condition. County has examined the Premises to its complete and total satisfaction and accepts it in its prcsent condition and is satisfied that it can use it for County's purposes. The District makes no representations or warranties to County about the condition or potential use of the Ptopetty 19. Rrdon Gas. Florida Statute Section 404.056(5) rcquires the following notice in all rcntal agreements for any building. Radon is a naturally occuning radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to il over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regerding radon and radon testing may be obtained from your county health department. 20. Force Majeurc. In the event that the District is prevented or delayed from performing any other covenant hereunder by reason of any cause reasonably beyond the control of the District, the District shall not b€ liable to the County therefor, nor, €xcept as expressly otherwise provided in case of casualty or taking, shall the County be entitled to any abatement or reduction of rcnt by reason thercof, nor shall the same give rise to a claim by the County that such failure conslitutes actual or constructive eviction from the leased premises or any part thereof. 21. No Discriminrtiotr. County and its agens will not discriminate against any person on the grounds ofrace. color, creed, nationalorigin, handicap, age, or sex in any activity under this lrase. 22. Applicrble lrws. The laws of the Stxe of Florida shall govem all aspects of this kase. In the event it is necessary for either party to initiate legal action regarding this Lease, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southem District of Florida for any claims which arejusticiable io federal court. 23. The County shall maintain records and the District shall have insp€ction and audit rights below. The County shall similarly requirc each subcontractor to maintain and allow access to such records for audit purposes: (a) Maintenance of Records: The County shall maintain all flrnancial and non-financial records and rcports directly or indircctly related to the negotiation or performance ofthis Lease including supporting documentation for any service rates, expenses, rcsearch or reports. Such records shall be maintained and made available for inspection for a period offive (5) years from the expiration date of this Lease. (b)Examination ofRecords: The District or d esignated agent shall have the right to examine in accordance with generally accepled govemmental auditing standards all records direclly or indircctly Page 5 of9 16.C.3.b Packet Pg. 1648 Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment) related to this Lease ofthis Lease. Such examination may be made only within five (5) years from the expiration date (c) Extended Availability of Records for Leeal Disputes: In the event that th€ nistrict should #ome in"otvea in a legal dispute with a third party arising from performance under this Lease' the County shall extend the pe;iod oi maintenance for all records relating to the Lesse until the final disposition ofthe legal disputi. All such records shall be made readily available to the District. 24. Designrted Nationsls and Blocked Penons. The county, by its execution of this Lease, acknowledgei and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the District is included on the list of Specially Designated Nationats and Blocked Persons (SDN List) which is administered by the U.S. DePartment of Treaiury, Office of Foreign Assets Control. The County further understands and accepts that this t€ase shall be either void by the District or subject to immediate termination by the District, in the event there is any misrepresentation. The District, in the €vent of such termination, shall not incur any liability to the County for any work or materials fumished. 25. E-Yerify. County must veri$ employee authorization to work in the U.S. and certifl that a good faith effort has been made to properly identi! employees by timely reviewing and completing appropriate documentation, including but not limited to the DePartment of Homeland Security. U.S. Citizenship, and Immigation Services Form l-9. Answers to questions regarding E-Verifu as well as instructions on enrollment may be found al the E-Verif website: uuw.uscis.gov/e-Yeriry. 26. No Third Party Beoeliciaries. This Lease is solely for the benefit of the County and the Disfict. No person or entity other than the County or the District shall have any rights or privileges under this Lease in any capacity whatsoever, either as third-party beneficiary or otherwise. 27, Assignment. County must not assign, sublease, or otherwise transfer any portion of its rights and obligations under this Lease without an amendment to this Lease. The Dishict in its sole discretion may either allow or refuse an assignment, transfer, or sublease. Notwithstanding such consent, County shall remain liable to District for the payment of all Rent and for the full performance of the covenants and conditions ofthis lease. 28. Weiver. No waiver of any term of this Agrc€ment constitutes a waiver of any other provision, whether similar or dissimilar. No waiver of any term constitutes a continuing waiver. No waiver is binding unless signed in writing by the waiving party. 29. Severability. If any term of this Agreement is for any reason invalid or unenforceable, the rest ofthe Agreement remains fully valid and enforceable. 30. Entire Agrcement. This Lease constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreement, repr€sentations, and undertaking. No supplement modification, or amendment of this agreement will be binding unless it is in writing and signed by both parties. 31. Condominium Association. This Lease is subject and subordinate to all of the provisions, covenants, and requirements of the Declamtion of Restriction for Collier Park of Commerce recorded in Official Records Book 1490, Page 1915, et seq. in the public records of Collier County as subsequently modified and amended. P€e6of9 16.C.3.b Packet Pg. 1649 Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment) IN WITNESS HEREOF, the said parties hercunto s€t their hands and seals as of this{$day of F\o--, ' zotq. AttBt: PRINT NAME: AS ITS lr PRJNT NA}"G: SFWMD BY: DATE:a ES APPRovED: sFw BY: (wi As LESSEE: Board of County C ssioners. Collier County, Fl da Bv Name: Tom Henning Title: Chairman ) (Witness arne) (wi Signature) t (Witness Name) l to form 8nd legality Jeffrey A. Klatzkow,nty Attomcy CLERI( O?uty s/n/.( I r .1,:- Afled rtlo Ctairmanl siqnature oirh Page 7 of9 South Floride Water Manegement District By Its Governing Board DATE: \n,'-,,n'.o. Q, Date: G+ I I $EAL 16.C.3.b Packet Pg. 1650 Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment) !I I I iE I I J o I I ft I <-k I !|i rl ir I.tl TI I I I o 2660 Horseshoe Drive N.. #105 Noples, FL { iiIIIitn,il IT {r i: fl-9{I 6t I I i!trlil- il, lffi ffifiii* Enrle t:---{+ 5e'l Iitt:l ign tsr aR it -t 6 ; d I to J Ir 1l 'l!r !rYIE !( T+a, l!= tiE gi l? }N-t : I t o- t I E I TI I I It E i,iifi!l itf; r; t: I I I ; I , I a IIaII I I I, il EO I I [' ; EI I I It E u l $lls \ t II I a l' iiii El€ o+ I I Ef .d F I I IItE,E lX,lriIr& tHi ll Irr irH ( I tTB.ilt.rE lliHI$ iiiII t I $ IEtI t I I I h I I I II t I , I,1 I *I r.t EI E e Ix UJ I 1 I I T t I I t I I I I J IItII I I H I Hi Page 8 of 916.C.3.bPacket Pg. 1651Attachment: Tourism First Amendment and Original Lease (11899 : Tourism Office Lease Amendment)