Resolution 1998-243
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RFSOLU1IO~ ,\t:lIIORIZ1~(; Till' CIIAIRMAN OF Till'. 1I0,\1{\) OF COI';>;TY
COSISIISSIO~I'RS TO E:\1T1'TE A LEi\SE NIREI'SIIXF IWI \I'EI'.~ ('OLLlLR
Cm:"TY, A I'OLlTICAL SUllllVISION OF Till' ST,\TL OF F1'<IJ(IIlA A~1l Till.
TI\SK FORCF FOR TilE IH)SIFLFSS. A TAX EXES\I'T CIIARFL\I\LL TRIiS'1
AU.O\\'Ii\'G TilL USE OF TWENTY (20) PARKI:-':(j SP,.\("LS AI nil:
(JO\TR"SIFNl (TNTER COSII'I.F:\.
WUERE,\S. th.: la:-.k hm:c for the lIolnl.:kss, a la.\ c.\cmpt chanlahk "1 ru:-.l. ("T<lsk Force")
dcslTes In ka~c twenty (20) parkmg ~rJCCS located In the ~or1h parkmg 10\ al Ihl: ('ol11\:r Cnurlly
Go\"cmmcnt Center (..n....nllscd Premises"] fur yis1tnTS at SI. \hllthcw's ihlUSC located at 2501 Soulh
A1rt10rl Rnad. ~apk~. Flonda ~J \ 12:
\\'lIFRE..\s. IlK IhlarJ \11" ("OUlllY ('ommbSU1t1l'rS IS ~at\sl'\CJ Ih:.ll the 1 kmlscd ]In:mises is
n:quln;u for (111l1n1l1nll>' \I~C h: \ 1"llm" J\ S1. \1;I[(h('",'" linus\.' anu the lkmlsl'd Premises IS nnl nceded
hlr ('lluniy p'.lf1111~":~. Jlld.
\\'IlFRE \S. th( Bnard lIt' ("lll11ly ('\lJl1ml~~lllner:;. I~ d'::'lr(lU~ of kas1n!! thc lkml"l'd I're1l1ISl'" to
the ["ask l:nr':l:
\ (}\\. T1IERLH )lU,.. IH'_ I r IU'.SOI.\'lJl BY rilL B()..\RP {}F (-()1 ):--':TY ('( l"'lISSH l\l'.R.S
OF COI.I.IFR COI SI Y. 1.1 OIUI>.\. TII.'\ 1
rile Ikml..ed I'rCIl1I"',:" I" n:qlllred by us!,,' uf the VI~ltor~ to St. ;\I<I\lh(\\'" IliHls( and I.. WI!
nccded for ('ounty purpp<,:;"
Ill.: ICTln or thc r .l'a..l' I"; mh.' (I) year. \\ IIh the optIOn to renew for one (1) adLllhll1altl'rll1 or
one l \ f Yl'ar. al an annual rental paymcnl or Tcn Dnllars (S I O.Of)),
IlK Board Ill' ('ounIY ('nm!11ISS\{JIH:r~ dol'o;. hereby apprm'c Ihe ;:ltlad,ed I.ease Agrl'l'ment
hl'lwcl'n ('olliL'f Coul1ty a P0I111L';J\ suhdl\-\SlOn or Ihe Slate or F1nnd;J. and thl' Task Force ti}r \he
1111111l'k..... a IJ' c-'icmpt (h~lnlahk 'l"rusl,
-l rill' C\1:Jlrt11;1I1 oi' tlK lIuard of ('Otll1IY ('oml1liSSltlnCr~ or" ('(111lcr {'PUl1ly. l:lomlOl, IS hcrchy
authorlz\.'J 10 l'''l'\:LJI\.' till' ,11\;Khet! I ,l';lS\.' ..\~rc\:nKnl.
ThiS Rl'<.oILJ\lon Oldl1p\l'd IhlS
day 111'
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191):-; a1ier motion.
sl.:cllnd amI majority \'1'11.:
AlTESI,
DW1(;11T I'. BROCK. Ckrk
1I0ARD OF COUNTY COMMISSIONI'RS.
('01. ,IER COUNTY. FI.ORI[)
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;\prrnwJ as It, form
and legal !<ufticll'nI.:Y:
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H~iJi F. :\.~hton
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ARTICLE O. Indemnity
LESSEE. in consideration of Ten Dollars ($10.00}, the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold harmless LESSOR. its agents and employees from and against
any and all liability (statutory or othep, vise), damages, claims, suits, demands, judgments, costs, interest and
expenses (including. but no limited to. attorneys' fkes and disbursements both al trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property
(including loss of use thereo0 related to (A) I,ESSEE'S use of the Demised Premises, (B) any work or thing
whatsoever done, or any condition created (,other than by LESSOR, its employees, agents or contractors) by or
on behalf of LESSEE in or about the Demised Premises, (C) any condition ,,f the Demised Premises due to or
resulting from any default by LESSEE in the performance of LESSEE'S obligations under this l,ease, or (D)
any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or
invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof,
LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such
action or proceeding if LESSOR shall so request, at I.ESSEE'S expense, by counsel rcasom~bty satisfactory to
LESSOR.
Thc LESSOR shall not be liable for any injury or damage to person or property caused by the elemcnls or
by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any
interference caused by operations by or for a governmental authority in construction of any public or
quasi-public works.
The I.ESSOR shall not be liable for any damages to or loss of. including loss due to petty theft, any
properly, occurring on tile Demised Premises or ally part thereof, and the LESSEE agrees to hold Ibc LESSOR
harmless from any claims for damages, except where such damage or injury is the result of the gross negligence
or willful misconduct of thc I.ESSOP, or its employees.
The LESSEE hereby acknowledges that tile rent called for in Article 3 of this Lease has been reduced by
Ten Dollars 1510.00} and is hereby considered by LESSOR as payment of the obligation by LESSEE.
ARTICLE 7. Insurance
LESSEE shall provide and maintain comprehensive general liability, including contractual liability,
bodily injury and property damage in am amount not less than One ttundred Thousand Dollars and No/Cents
($100,000.00). Collier County shall be listed as an additional insured on said policy. I.ESSEE shall carry and
maintain Worker's Compensation Insurance as required by the State of Florida. All insurance policies required
above shall be issued and written with a company or companies authorized to engaged in the business of
insurance in the State of Florida and authorized to do business under the laws of the State of Florida. Evidence
of such insurance shall be provided to tile Collier County Risk Management Department, 3301 East Tam}ami
Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease
Agreement; and shall include a provision requiring ten {10) days prior written notice to Collier County c/o
County Risk Management Department in the event of cancellation or changes in policy(les) coverage. LESSOR
reserves tile ,'ight ~o reasonably amend thc insurance r,'.quircments by issuance of notice ill writing to LESSEE,
whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional
insurance.
ARTICLE 8. Administration
This l.case shall be administered on behalf of the LESSOR by tim Public Services Administrator or
his/her designee nnd on behalf of the LESSEE by the Executive Director of St. Matthew's [louse.
ARTICLE 9. Reporting
During the term of this Lease, the LESSEE shall submit to the Public Services Administrator on or before
tile tenth (10m} (lay of each month an operations report including the statistical data regarding clients served and
enclosing a repot1 on changes in operations of St. Matthew's }-louse, in order to afford the Public Services
Administrator tile data necessary for tile preparation of a report to the Board of County Commissioners when
deemed necessnry by the Public Sen'ices Administrator. Tile Public Services Administrator shall notify tile
LESSEE in writing within Ihirly (30) days ora receipt ora report of any objections Iherelo.
LEASE AGREEMENT
Lease #731
THIS LEASE AGREEMENT entered into this ,_cJ day of ~,_,_../,1 , 1998, between
Task Force for the Homeless, a tax exempt charitable Trust, by its und~rsigne~Executive Director who has been
duly authorized by the Trust to execute this Lease Agreement, whose mailing address is 2501 South Airport
Road, Naples, Florida 34112, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Napies, Florida 34112,
hereinafter referred to as "LESSOR".
WITNESSETH
In consideration of thc mutual covenants contained herein, and other valuable consideration, thc panics
agree as follows:
ARTICLE I. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR twenty (20) parking spaces
in the Collier County Government Center parking lot, hereinafter referred to as "Demised Premises" in
accordance with the terms of this Lease. Said parking spaces shall be designated for the following uses: one (1)
handicapped, one (1) loading zone and eighteen (18) regular.
ARTICLE 2. ~
LESSEE shall have and hold the Demised Premise for a term of one (l) year, commencing on September
29, 19981 and ending September 28, 1999. LESSEE is granted the option, provided it is not in default ofany of
the terms of this Lease, to renew same for one (1) additional term of one (I) year under the same terms and
conditions, as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less
than sixty (60) days prior to the expiration of thc leasehold estate hereby created. Said notice shall be effective
upon placement of the notice in an official depository of the United States Post Office, Registered or Certified
Mail, Postage Prepaid.
LESSOR has the right to terminate this Lease with or without cause by providing the LESSEE with thirty
(30) days written notice. Said notice shall be effective upon placement of the notice in an official depository of
the United States Post Office, Registered or Certified Mail, Postage Prepaid.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars
($I0.00) per annum which shall be due and payable on the date ofexecution ofthis Lease.
ARTICLE 4. Modifications to Demised Premises
LESSEE shall not be permitted to make any changes, alterations, additions or improvements to the
Demised Premises.
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part
thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority.
ARTICLE 5. Assignment and Subletting
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. Tim acceptance of rent from any other person shall not be deemed to be
a waiver of any of the prc, v/sio,m oft",is I case or to b,~ a conqcp! :o ~he ~ssigr'mcn~ of thio ~. ease ~r sxblctting of
ARTICLE 10. Control and Maintenance
In an attempt to act as a good neighbor to adjacent property owners of St. Matthew's House, the LESSEE
hereby agrees to monitor and control its clients and lo make every good faith effort to reduce any negative
impacts to LESSEE'S neighbors resulting from the operalion of SI. Matthew's }louse on the Demised Premi~e~.
Such good faith efforts shall include, without limitation, trash collection and clean up of the Demised Premix,
as well as reporting all incidents of trespassing or loitering to the appropriate authorities, and meeting with
adjacent property owners 'on a .egular oasis to f. iscuss the LESSEE'S operations and its impact on the
neighborhood. LESSOR shall not be obligated or required to improve, repair, or maintain the Demised
Premises in any manner whatsoever.
ARTICLE 11 ~
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:
LESSOR
Board of County Commissioners
c/o Real Property Management Dept.
3301 East Tamiami Trail, Administration Bldg.
Naples, Florida 34112
cc: Public Services Administrator
ARTICLE 12. N.9.mD_~- ' ci-imir~tion
LESSEE
Chairman of Task Force for Homeless
c/o Executive Director
2501 South Airport Road
Naples, Florida 34112
cc: Executive Director
The LESSEE in exercising any of the rights or privileges herein granted, shall not on the grounds of race,
color or natural origin discriminate or permit discrimination against any person or group of persons in any
manner. The LESSOR is hereby granted the right to take such action, anything to the contrary herein
notwithstanding, as the United States may direct to enforce this non-discrimination covenant.
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or agency
situated in Collier County, and LESSOR acknowledges that any special security measures deemed necessary for
additional protection of the Demised Premises shall be the sole responsibility and cost of LESSOR and shall
involve no cost or expense 1o LESSEE.
ARTICLE 14. ~
This Lease shah become effective upon execution by both LESSOR and LESSEE.
ARTICLE 15..Governing Lass
This Lease shall be governed and construed in accordance with the laws o£the State of Florida.
1.613.1..e
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO LESSEE:
DATED: 0/),
I
] --./(?tint Narn¢)
, Secretary
TASK FORCE FOR THE HOMELESS
a tax exempt charitable Trust
FRANK MEEHAN, Executive Director
AS TO TttE LESSOR:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, D~puty Clerk
ltt~st as t3
$1fln~,ture onll.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BA~i,~R~'B 7 ~ E R~,"Y, C~
Approved as to form and
legc. i sufficiepzy:.
He}dj F. Ashton
Assistant County Attorney