Agenda 10/27/2020 Item #16C 6 (5th Amendment to Goodwill Lease Agreement)10/27/2020
16.C.6
EXECUTIVE SUMMARY
Recommendation to approve and execute a Fifth Amendment to Lease Agreement with Goodwill
Industries of Southwest Florida, Inc., to continue leasing space for the Senior Nutrition Program in
Immokalee.
OBJECTIVE: To obtain approval and execution of a Fifth Amendment to Lease Agreement
(Amendment) to allow the County to continue leasing space for the Senior Nutrition Program in
Immokalee, Florida, currently administered by the Community and Human Services Division.
CONSIDERATION: The Community and Human Services Division assumed operation of the Senior
Nutrition Programs January 1, 2008. These programs are funded annually by the Older Americans Act
program Title III (OAA Title III). The funds from this grant were received by Collier County through the
Area Agency on Aging of Southwest Florida, Inc. The Board of County Commissioners approved and
accepted the most recent grant from the Area Agency on Aging of Southwest Florida Inc. on February 24,
2015, 16.D.4. The current OAA Title III grant period started January 1, 2015 and will end on December
31, 2020. The grant funds pay for the operational expense such as staff, rent and utilities to operate the
senior congregate meal site program under the Seniors Nutrition Program located at the Roberts Center in
Immokalee, Florida.
Since there are no County -owned buildings in the Immokalee area to accommodate the meal program, a
Lease Agreement was approved by the Board of County Commissioners on April 22, 2008, under item 16
D 4, for a 3,300 square foot building owned by Goodwill Industries of Southwest Florida, Inc., located at
907 Roberts Avenue in Immokalee. Since the inception of the initial Lease, there have been four
Amendments to the Lease. At this time, the Fifth Amendment to Lease Agreement is being processed to
extend the lease term for an additional one (1) year, with no other changes to the terms, conditions and
rental amount in the current Lease.
The current annual rent is $1,421.99, which reflects a four percent annual increase from the previous
year's rent as provided for in the original lease.
FISCAL IMPACT: The annual rent of $1,421.99 shall continue to be withdrawn from Human Services
Grant Fund (707), Project 33658 (Cl).
GROWTH MANAGEMENT: There is no growth management impact.
LEGAL CONSIDERATION: This item is approved for form and legality and requires a majority vote
for Board approval. - JAB
RECOMMENDATION: That the Board of County Commissioners approves the Fifth Amendment to
Lease Agreement with Goodwill Industries of Southwest Florida, Inc. and authorizes its Chairman to
execute same.
Prepared by: Michael Dowling, Senior Property Management Specialist, Division of Facilities
Management
ATTACHMENT(S)
1. Goodwill Industries 2020 (PDF)
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16.C.6
10/27/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doe ID: 13733
Item Summary: Recommendation to approve and execute a Fifth Amendment to Lease
Agreement with Goodwill Industries of Southwest Florida, Inc., to continue leasing space for the Senior
Nutrition Program in Immokalee.
Meeting Date: 10/27/2020
Prepared by:
Title: Property Management Specialist, Senior — Facilities Management
Name: Michael Dowling
09/30/2020 11:37 AM
Submitted by:
Title: Director - Facilities Management — Facilities Management
Name: Damon Grant
09/30/2020 11:37 AM
Approved By:
Review:
Facilities Management
Toni Mott
Additional Reviewer
Community & Human Services
Kristi Sonntag
Additional Reviewer
Public Utilities Department
Dan Rodriguez
Additional Reviewer
Facilities Management
Damon Grant
Director - Facilities
Public Utilities Operations Support
Joseph Bellone
Additional Reviewer
Public Utilities Department
Drew Cody
Level 1 Division Reviewer
County Attorney's Office
Jennifer Belpedio
Level 2 Attorney of Record Review
Public Utilities Department
George Yilmaz
Level 2 Division Administrator Review
Office of Management and Budget
Debra Windsor
Level 3 OMB Gatekeeper Review
County Attorney's Office
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Budget and Management Office
Ed Finn
Additional Reviewer
Grants
Therese Stanley
Additional Reviewer
County Manager's Office
Sean Callahan
Level 4 County Manager Review
Board of County Commissioners
MaryJo Brock
Meeting Pending
Completed
10/02/2020 4:16 PM
Completed
10/03/2020 9:41 AM
Completed
10/05/2020 12:41 PM
Completed
10/05/2020 4:16 PM
Completed
10/06/2020 10:15 AM
Completed
10/06/2020 10:41 AM
Completed
10/07/2020 11:22 AM
Completed
10/09/2020 1:27 PM
Completed
10/09/2020 3:13 PM
Completed
10/14/2020 2:53 PM
Completed
10/16/2020 9:47 AM
Completed
10/16/2020 11:36 AM
Completed
10/19/2020 9:19 AM
10/27/2020 9:00 AM
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Lease # 16.C.6.a
FIFTH AMENDMENT TO LEASE AGREEMENT
THIS FIFTH AMENDMENT TO LEASE AGREEMENT entered into this day of
, 2020, by and between 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
"LESSEE," and Goodwill industries of Southwest Florida, Inc., a not for profit Florida corporation, whose mailing
address is 5100 Tice Street, Fort Myers, Florida 33905, hereinafter referred to as "LESSOR."
WITNESSETH
WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Inc. have previously entered into a
Lease Agreement dated April 22, 2008, hereinafter referred to as `Lease Agreement,' and a First Amendment to
Lease Agreement dated November 14, 2011, a Second Amendment to Lease Agreement dated October 8, 2013, a
Third Amendment to Lease Agreement dated June 23, 2015, and a Fourth Amendment to Lease Agreement dated
December 8, 2015, collectively hereinafter referred to as `Amendments.'
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement to extend the lease term
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement and
said Amendments, which are attached herein and made a part hereof, and Ten Dollars ($10.00) and other valuable
consideration, said Lease Agreement is hereby amended as follows:
1. The following provision shall be added to Article 2 of the Lease Agreement:
The Lease is hereby extended until December 31, 2021.
2. Except as expressly provided herein, the Lease Agreement between Collier County, a political subdivision
of the State of Florida, and Goodwill Industries of Southwest Florida, Inc., for the utilization of the Demised
Premises described in said Lease Agreement dated April 22, 2008, and the Amendments dated November 14, 2011,
October 8, 2013, June 23, 2015, and December 8, 2015, shall remain in full force and effect according to the terms
and conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Fifth Amendment to
Lease Agreement the day and year first above written.
AS TO THE LESSOR:
DATED: GOODWILL INDUSTRIES OF SOUTHWEST
FLORIDA, INC., a not for profit Florida Corporation
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WITNESSES:
BY:
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LESSEE'S signature appears on the following page.
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16.C.6.a
AS TO THE LESSEE:
DATED:
ATTEST:
Crystal K. Kinzel, Clerk
BY:
Deputy Clerk
Approved as to form and legality:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
W.,
BURT L. SAUNDERS, Chairman
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Jennifer A. Belpedio, Assistant County Attorney
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16.C.6.a
LEASE AGREEMIN1"
THIS LEASE AGREEMENT entered into this�� day of 2008, between
Goodwill Industries of Southwest Florida, Inc., & not for profit Florida corporation, whose mailing address
is 4940 Bayline Drive, North Fort Myers, F rida 33917, hereinafter referred to as "LESSOR," and
COLLIER COUNTY, a political subdivision of the State of Florida, who ailing address is 3301 East
Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE."
WITNESSETH
In consideration of the mutual covenants contained herein, and o valuable consideration, the
parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases mm LESSOR approximately
Three Thousand Three Hundred (3,300) square feet of unfurnished office (pace located at 907 Roberts
Avenue, Immokalee. Florida 34142, hereinafter referred to as the "Demised Premises", for the sole
purpose of operating a government office.
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ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for one (1) year 0ommencing 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 eiTact. Said notice period shall commence upon placement of the written notice in an official
depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
LESSEE may terminate this Lease, with or without cause, upon thirty (30) days prior written notice
to the other party, without payment of rent 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. B&nt and Other Charges
LESSEE hereby covenants and agrees to pay as base rent for the Demised Premises the sum of
One Thousand Dollars ($1,000.00) monthly. Following the end of the first full year of tenancy, the annual
rental amount shall increase by four (4) percent for each ensuing year thereafter and 4ny renewal terms
thereof.
LESSOR shall pay all charges pertaining to LESSEE'$ 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. I
All rental payments shall be due paylle 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 (00th) of the monthly rental multiplied by the
number of rental days of such fractional month.
ARTICLE 4. Modifications to PuWwd Farniscs
Prior to making any other changes, alterations, additions or improvements to the Demised
Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements,
changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the
nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated
starting and completion time for such project. LESSOR or its designee will then have thirty (30) days
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within which to appro or deny in writing said request for changes, improvements, alterations or
additions. LESSOR s not unreasonably withhold its consent to required or appropriate alterations,
improvements, changes r additions proposed by LESSEE. If after sixty (60) days there has been no
response from LESSOR r its designee to said proposals or plans, then such silence shall be deemed as an
approval to such request f LESSEE.
LESSEE cove is and agrees in connection with any maintenance, repair work, erection,
consuction, improve n trt, addition or alteration of any authorized modifications, additions or
improvements to the D sed Premises, to observe and comply with all then and future applicable laws,
ordinances, rules, regula ns, and requirements of the United States of America, State of Florida, County
of Collier, and any and governmental agencies.
All alterations, i rovements, and additions to said Demised Premises installed by LESSEE shall
remain the property of L SSEE 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 these items designated by LESSOR, LESSOR
may complete said removals and repairs at LESSEE'S expense.
ARTICLE S. Assignment and Sublettin¢
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 assignment or subletting, even with the consent of LESSOR, shall not relieve
LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep
and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other
person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the
assignment of this Lease or subletting of the Demised Premises. However, LESSEE shall be permitted,
without notice to LESSOR, to utilize the Demised Premises for any other Department within the
jurisdiction of the LESSEE if the Demised Premises shall no longer be needed by the Department
intended for this Lease.
ARTICLE G. 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 (51,000,000.00) 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, LESSEE'S manager will be so advised in writing. If corrective
action is not taken within thirty (30) days of receipt of such notice, LESSOR will cause the same to be
cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall
constitute additional rent which shall be paid by LESSEE within thirty (30) days of receipt of written
notice of costs incurred by LESSOR.
ARTICLE 8. Defudt try 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 by 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.
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16.C.6.a
ARTICLE 10. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSEE:
Real Property Management
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
Attn: Office of the County Attorney
ARTICLE 11. Surrender pf Premises
LESSOR:
Goodwill Industries of Southwest Florida, Inc.
4940 Bayline Drive
Fort Myers, Florida 33917
(Attention: Bob Haenggi VP Development Services
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 pan
thereof to be used or occupied for any purpose contrary to lawpr 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: 4
t
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 DaW.
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 15, Goveminu 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 havc hereunder set forth their hands and seals.
AS TO THE LESSEE:
ATTEST:
DWIGHT E. BROCK, Clerk
DA d
BY.
Deputy Clerk
sipaartph air-.;
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
TOM ffEgNING, Nairman
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16.C.6.a
AS TO THE LESSOR:
DATED:.r�,/O,r
ATTES ,
WITNESS (signature)
Print Name
WITNESS signs re)
Print Name
GOODWILL INDUSTRIES OF SOUTHWEST,
FLORIDA, INC., a not for profit Florida corporation
BY: r�
(print name and title of officey
Approved as to form and legal sufficiency:
VIA- lz
Jeennnigr A. Beloedio, Assistant County Attorney
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16.C.6.a
License 4947
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this _-4 � day of
Nr,, t.gbt r , 2011 at Naples, Collier County, Florida by and between Collier County, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as "LESSEE," and 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."
WITNESSETH
WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Inc. have previously entered into a
Lease Agreement dated April 22, 2008:
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement;
tiOVt' THEREFORE., in consideration of the covenants and agreements provided within said Lease Agreement
dated April 22. 2008. attached herein and made a pan hereof, and Ten Dollars (S10.00) and other valuable
consideration. said Lease Agreement is hereby amended as follows:
The following provision shall be added to Article 2 of the Lease Agreement:
This Lease is hereby extended until December 31, 2012, hereinafter referred to as the "Extended Lease
Term," and LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to
renew same for two (2) additional one (1) year terms, 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. Said notice shall become effective upon actual receipt by
LESSOR.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty days
prior written notice of such termination to LESSOR at the address set forth in ARTICLE 10 of the Lease
Agreement. Said notice shall be effective upon actual receipt by LESSOR.
2. Except as expressly provided herein, the Lease Agreement between Collier County, a political
subdivision of the Stale of Florida, and Goodwill Industries of Southwest Florida, Inc., for the utilization of the
Demised Premises described in said Lease .Agreement dated April 22, 2008, remains in full force and effect
according to the terms and conditions contained therein, and said terms and conditions are applicable hereto
except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment
to Lease Agreement the day and year first above written.
AS TO THE LESSOR
DA fED: _ iI7 q -
WITNESSES:
Witness (Signature)
hat)f p-
�.E'COIC:ts
(Prin
WitneAiignatune)
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(Print Name)
(Lessee's signature appears on next page)
GOODWILL INDUSTRIES OF SOUTHWEST
FLORIDA, INC., a not for profit Florida Corporation
BY: F
(Signature)
-FCC-,A J,LkW.tSlJ'ct aia:�tcy�_cF ([ttc�:.Sc(/ttcl
(Print name and title)
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16.C.6.a
AS TO THE LESSEE:
DATED:1z rs a•'`
ATTEST:
DWIGHT � BROCK, Clerk
BY: �-
>�IiK
Approved as t f findlegal sufficiency:
County Attorney
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY: W .
FRED W COYLE, Chainn
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16.C.6.a
License 0947
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this (� la, day of
L.r,, b z r- , 2013, by and between 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 "LESSEE," and Goodwill Industries of Southwest Florida, Inc., a not for profit Florida
corporation, whose mailing address is 4940 Rayline Drive, North Fort Myers, Florida 33917, hereinafter
referred to as "LESSOR."
WITNESSET14
WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Inc. have previously entered into a
Lease Agreement dated April 22, 2008, hereinafter referred to as `Lease Agreement,' and a First Amendment to
Lease Agreement dated November I4, 2011, hereinafter referred to as the `Amendment.'
WHEREAS. the LESSOR and LESSEE are desirous of amending the Lease Agreement;
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement
and said Amendment, which are attached herein and made a part hereof, and Ten Dollars ($10.00) and other
valuable consideration, said Lease Agreement is hereby amended as follows:
The following provision shall be added to Article 2 of the Lease Agreement:
This Lease is hereby extended until December 31, 2015, hereinafter referred to as the "Extended Lease
Term," and LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to
renew same for two (2) additional one (1) year terms, 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. Said notice shall become effective upon actual receipt by
LESSOR.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty days
prior written notice of such termination to LESSOR at the address set forth in ARTICLE 10 of the Lease
Agreement. Said notice shall be effective upon actual receipt by LESSOR.
Article 3 shall be deleted and replaced with the following provision:
Article 3. Rent and Other Charges
LESSEE hereby covenants and agrees to pay, as base rent for the Demised Premises, the sum of One
Thousand One Hundred Twenty-three Dollars and Eighty-two Cents ($1,123.82) monthly as of May 1, 2013.
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.
LESSEE shall pay charges pertaining to its use for basic telephone service and electricity at the
Demised Premises, which shall commence as of July I, 2013. The LESSOR shall invoice the LESSEE with an
accounting of the its actual cost for basic telephone service and electric charges, on a quarterly basis, which
shall begin as of July 1, 2013 and running through to September 30, 2013. The LESSOR shall provide LESSEE
with copies of the actual utility companies' invoices as back-up to the invoices. If LESSOR should sublease the
Demised Premises to another party during off -hours, at times when LESSEE is not in use of the Demised
Premises, the LESSOR shall make the appropriate allowance in the quarterly billing charges to LESSEE. The
LESSOR shall provide water to the LESSEE at no cost to LESSEE.
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16.C.6.a
The LESSOR shall provide, maintain, repair or replace, at LESSOR'S sole cost and expense, all air-
conditioning systems, plumbing systems, janitorial services, and pest control.
All rental payments shall be due and 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.
The following provision shall be added to Article b of the Lease Agreement:
LESSOR shall be named as an additional insured on the General Liability Insurance policy in the
amount of One Million Dollars as Goodwill Industries of Southwest Florida, Inc.
4. Except as expressly provided herein, the Lease Agreement between Collier County, a political
subdivision of the State of Florida, and Goodwill Industries of Southwest Florida, Inc., for the utilization of the
Demised Premises described in said Lease Agreement dated April 22, 2008, and the Amendment dated
November 14, 2011, remain in full force and effect according to the terms and conditions contained therein,
and said terms and conditions are applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSOR:
DATED: I Q101
WITNESSES:
IG�
Witness (Signature)
ZLK r<Yanchv K _
(Print Name) ��
it ess (Signature)
- " -�CL S+ 'A
(Print Name)
AS TO THE LESSEE:
DATED: 1,/ yy j
Y-
ATTEST:
D W IGHT E. BROCK. Clerk
BY:
De Clerk
Attest as tgalm>Iarl's
signature on1
Approve an legality:
Jeffrey A.111*kow, County Attorney
GOODWILL INDUSTRIES OF SOUTHWEST
FLORIDA, INC., a not for profit Florida Corporation
BY:
(Signature)
(Print name and title
BOARD OKOUNTY COMMISSIONERS,
COLLIER COY T17
, FA
BY:
GEORPI� A-'UIULER, ESQ., Chairwoman
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16.C.6.a
License #947
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT entered into this r ��
`A_ rs C 2015. by and between Collier County,Po day of
Florida whose mailing ae of
ddress is 3335 East Tamiami Trail, Suite 101, NaplM Floridar34112, hereinafier
referred to as "LESSEE," and 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."
WITNESSETH
WHEREAS, Collier County and Goodwill Industries of Southwest Florida, Inc, have previously entered into a
Lease Agreement dated April 22, 2008, hereinafter referred to as 'Lease Agreement,' and a First Amendment to
Lease Agreement dated November 14, 2011, and a Second ,amendment to Lease Agreement dated October 8,
2013, collectively hereinafter referred to as `Amendments.'
WHEREAS, the Lease Agreement is presendy on its sixth year of occupying the premises;
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement.
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement
and said Amendments, which are attached herein and made a part hereof, and Ten Dollars (S 10.00) and other
valuable consideration, said Lease Agreement is hereby amended as follows:
1. The foregoing recitals are true and correct and are incorporated by reference herein
2. Article 2 of the Lease Agreement is amended as follows:
This Lease is hereby extended until December 31. 2015, hereinafter referred to as the "Extended Lease
Term," and LESSEE is granted the option, provided it is not then in default of any of the terms of this Lease, to
renew same for t*e-(-2_) five 5 additional one 1 ( )year terms, 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. Said notice shall become effective upon actual
receipt by LESSOR.
LESSEE, however, reserves the right to terminate this Lease, with or without cause, upon sixty days
Agreement as written above. Said notice steal[
prior written notice of such termination to LESSOR at the address set forth in ARTICLE 10 of the Lease
be effective upon actual receipt by LESSOR.
3 Article 3 of the Lease Agreement is amended as follows:
Article 3. Rent and Other Char ejL_s
LESSEE hereby covenants and agrees to pay, as bast rent for the Demised Premises, the sum of One
Thousand One Hundred Twenty-three Dollars and Eighty-two Cents ($1,123.82) monthly as of May 1, 2013,
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
LESSEE. shall pay charges pertaining to its use for basis telephone service and electricity at the
Demised Premises,eemmeneeThe LESSOR shall invoice the LESSEE with an
accounting of the its actual cost for basie telephone service and electric charges, on a quarterly basis, which
shall begin as of July I, 2013 . The LESSOR shall provide LESSEE
with copies of the actual utility companies' invoices as back-up to the invoices. If LESSOR should sublease the
Demised Premises to another party during off -hours, at times when LESSEE is not in use of the Demised
Premises, the LESSOR shall make the appropriate allowance in the quarterly billing charges to LESSEE. The
LESSOR shall provide water to the LESSEE at no cost to LESSEE.
Packet Pg. 1015
16.C.6.a
The LESSOR shall provide, maintain, repair or replace, at LESSOR'S sole cost and expense, all air-
conditioning systems, plumbing systems, janitorial services, and pest control.
All rental payments shall be due and payable in advance on the first da)of every calendar month during
the term hereof if the terms of this Lease shalt 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.
1 Except as expressly provided herein, the Lease Agreement between Collier County, a political
subdivision of the State of Florida, and Goodwill Industries of Southwest Florida, Inc., for the utilization of the
Demised Premises described in said Lease Agreement dated April 22, 2008, and the Amendments, remain in
full force and effect according to the terms and conditions contained therein, and said terms and conditions are
applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Third Amendment
to Lease Agreement the day and year first above written.
AS TO THE LESSOR:
DATED: - Z / J GOODWILL INDUSTRIES OF SOUTHWEST
W ITNEST: FLORIDA, INC., a not for profit Florida Corporation
BY:
Witness (Signature) (Signature)
(Print Name) F` ` " 's Vr-c r s S it, -.4.
(Print name and title)
itness (Signat
-
(Print Name)
AS TO THE LESSEE
DATED: w
BOARD OF COUNTY COMMISSIONERS,
ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
Clerk
BY: C . BY:
Arm'
le•� TIM NANCE, Chairman
Q�eS# a5 t0� _
signaft! re only,
Approved act to form and legality
.A scant County
Packet Pg. 1016
16.C.6.a
16E3
Lease #947
FOURTH AMENDMENT TO LEASE AGREEMENT
1 THIS FOURTH AMENDMENT TO LEASE AGREEWNT entered into this ) wday of
2015, by and between 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 "LESSEE," and Goodwill Industries of Southwest Florida, Inc., a not for profit Florida
corporation, whose mailing address is 5100 Tice Street, Fort Mvers, Florida 33905, hereinafter referred to as
"LESSOR."
WITNESSETH
WFiF:REAS, Collier County and Goodwill Industries of Southwest Florida, Inc, have previously entered into a
Lease Agreement dated April 22, 2008, hereinafter referred to as `Lease Agreement,' and a First Amendment to
Lease Agreement dated November 14, 2011, a Second Amendment to Lease Agreement dated October 8, 2013,
a and Third Amendment to Lease Agreement dated .tune 23, 2015, collectively hereinafter referred to as
`Amendments.'
WIIEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement to require LESSEE to
pay electric and communications utilities directly to the provider;
NOW THEREFORE, in consideration of the covenants and agree►ncuts provided within said Lease Agreement
and said Amendments, which are attached herein and made a parr hereof, and Ten Dollars (S10,00) and other
valuable consideration, said Lease Agreement is hereby amended as follows:
The following provision shall be added to Article 3 of the Lease Agreement:
Article 3. Rent and Other Charges
LESSEE hereby covenants and agrees to pay, as base rent for the Demised Premises, the sum of One
Thousand One Hundred Twenty-three Dollars and Eighty-two Cents ($1,123.82) monthly as of May 1, 2013,
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.
T end--er,ectfiemty
T1r�1,he i ccccr- . _.
kYee ' LESSEE shall be
respgnsible for the procurement and the direct payment of electric and communications utilities rendered or
supplied thereupon or in connection with the Demised Premises.
If LESSOR should sublease the Demised Premises to another parry during off -hours, at times when
LESSEE is not in use of the Demised Premises, the LESSOR shall make the appropriate allowance in the
quarterly billing charges to LESSEE. The LESSOR shall provide water to the LESSEE at no cost to LESSEE.
The LESSOR shall provide, maintain, repair or replace, at LESSOR'S sole cost and expense, all air-
conditioning systems, plumbing systems, janitorial services, and pest control.
All rental payments shall be due and 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 shal l pay rental equal to one thirtieth (1/30th) of the monthly rental multiplied by the number of rental
days of such fractional month.
Packet Pg. 1017
16.C.6.a
16E3
3. Except as expressly provided herein, the Lease Agreement between Collier County, a political
subdivision of the State of Florida, and Goodwill industries of Southwest Florida, Inc., for the utilization of the
Demised Premises described in said Lease Agreement dated April 22, 2008, and the Amendments dated
November 14, 2011, October 8, 2013, and June 23, 2015, remain in full force and effect according to the terms
and conditions contained therein, and said terms and conditions are applicable hereto except as expressly
provided otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Fourth
Amendment to Lease Agreement the day and year First above written.
AS TO THE LESSOR:
DATED: ' - /_j
WITNESSES.
Witness (Signature)
1 �M � �� y C; � ��iJ,sr.►
(Print Name)
Witness (Signature)
t JJy 17✓�Ce%
(Print Name)
AS TO THE LESSEE:
DATED: / Z,, — Y —Z J s
ATTEST:
DWIG14T E. BROC `,.Cleric
i 9St 3S t0 CNb�Wrk
Rionature only.
Approved as to tbrm and legality:
GOODWILL INDUSTRIES OF SOUTIIWEST
FLORIDA, INC_, a not for profit Florida Corporation
BY:
Z�7 2- 7, /--
(Signature
(Print name and title) .
BOARD OF COUNTY COMMISSIONERS,
COLLIER CQF TY, FLORIDA
/
BY:
YIN1 NANCE, Chairman
� C-P
Jennife)i-A. Belpedio, Ass' County Attorney
�p
Packet Pg. 1018