Agenda 03/23/2021 Item #16C4 (SFWMD Horseshoe Drive Office Lease Amendment No. 3)03/23/2021
EXECUTIVE SUMMARY
Recommendation to approve Amendment No. 3 with South Florida Water Management District to
continue leasing office space for Tourism on Horseshoe Drive North for one additional year.
OBJECTIVE: To approve Amendment No. 3 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, and then for an
additional one year again on April 28, 2020, Agenda Item 16.C.3. At this time, the County wishes to
continue leasing at this location until Tourism can be relocated to a County-owned facility.
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
(Paragraph 8 of Amendment No. 02). All terms of the initial Lease shall remain in full force.
FISCAL IMPACT: The annual rent for the one-year extension term will be $76,230.42, to be paid in
monthly installments of $6,352.53, and any utility charges, shall continue to be paid from TDC -
Promotion & Program Administration Fund (194), Cost Center 101540.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been reviewed and 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. 3 with
South Florida Water Management District.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Tourism Third Amendment 2021 (PDF)
2. Tourism First Amendment and Original Lease (PDF)
3. Tourism Second Amendment 3-2020 (PDF)
16.C.4
Packet Pg. 884
03/23/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.4
Doc ID: 15122
Item Summary: Recommendation to approve Amendment No. 3 with South Florida Water
Management District to continue leasing office space for Tourism on Horseshoe Drive North for one
additional year.
Meeting Date: 03/23/2021
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
02/26/2021 12:31 PM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
02/26/2021 12:31 PM
Approved By:
Review:
Tourism Jack Wert Additional Reviewer Completed 02/26/2021 2:13 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 03/01/2021 11:07 AM
Facilities Management Damon Grant Director - Facilities Completed 03/01/2021 12:49 PM
Facilities Management Toni Mott Additional Reviewer Completed 03/01/2021 12:57 PM
Corporate Business Operations Sean Callahan Additional Reviewer Completed 03/02/2021 10:07 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/03/2021 9:55 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/10/2021 1:54 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/11/2021 3:29 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/11/2021 3:36 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/11/2021 6:11 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/12/2021 10:02 AM
County Manager's Office Dan Rodriguez Level 4 County Manager Review Completed 03/12/2021 10:55 AM
Board of County Commissioners MaryJo Brock Meeting Pending 03/23/2021 9:00 AM
16.C.4
Packet Pg. 885
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
4600003056-A03
AMENDMENT NO. 03
TO LEASE AGREEMENT NO. 4600003056
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISIONERS, COLLIER COUNTY, FLORIDA
This AMENDMENT NO. 03, is entered into on to that Lease
Agreement dated June 1,2014, and as amended on May 20,2019 (Amendment 01) and May 18,
2020 (Amendment 02), between "the Parties," the South Florida Water Management District
(DISTRICT), and Collier County Board of County Commissioners (COUNTY).
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 of a portion ofthe Big
Cypress Basin Service Center.
2. The term of the Lease Agreement is five (5) years with three one-year renewal
periods to be exercised at the option ofthe DISTRICT.
3. The Parties amended the Lease Agreement to extend the period ofperformance and
revise the annual rental amount (Amendment 0l ), extend the period ofperformance, revise annual
rental amount, and revise the terms and conditions (Amendment 02), ofthe Lease Agreement.
4.
performance,
Agreement.
The Parties wish to amend the Lease Agreement to extend the period of
increase the total revenue amount, and the annual rental amount of the Lease
Terms and Conditions
5. The term ofthe Lease Agreement is hereby extended by one (l) year and the expiration
date, as amended, is May 31, 2022. Regardless of the actual date of execution. this
AMENDMENT NO. 03 shall be effective as of June I , 2021 .
Page I of3, Amendment No. 03 to t ase Agreement No. 4600003056
-{w\J
16.C.4.a
Packet Pg. 886 Attachment: Tourism Third Amendment 2021 (15122 : Tourism Lease Amendment No. 3)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
6. This AMENDMf,NT NO. 03 shall be at no additional cost to the DISTRICT.
7. The monetary consideration for the Lease Agreement is hereby increased by the amount of
$76,230.42, for a total revised revenue amount of $560,247.1 I .
8. The annual rent amount is also hereby revised as follows:
Year One (June I, 2014 - May 31, 2015):$64,130.00 or $5,344.17 per month
$65,733.25 or $5,477.77 per month
567,376.58 or $5,614.72 per month
$69,061 .00 or $5,755.08 per month
$70,787.52 or $5,898.96 per month
572,557.21 or $6,046.44 per month
$74,371.14 or $6,197.59 per month
$76,230.42 or $6,352.53 per month
Year Two
Year Three
Year Four
Year Five
Year Six
Year Seven
Year Eight
une l, 2015 - May 31, 2016):
une l, 2016 - May 31,2017):
une l, 2017 - May 13, 2018):
une l, 2018 - May 3l,2019):
une 1,2019 - May 31,2020):
une l, 2020 - May 31,2021):
une l, 2021 - May 31,2022):
(J
(J
(J
(J
(J
(J
(J
Total Eight (8) Year Lease: 5560,247.1I
9. All other terms and conditions ofthe Lease Agreement remain unchanged.
THIS SPACE INTENTIONALLY LEFT BLANK
Page 2 of3, Amendnent No. 03 to tras€ Agreement No. 4600003056
16.C.4.a
Packet Pg. 887 Attachment: Tourism Third Amendment 2021 (15122 : Tourism Lease Amendment No. 3)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 03 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Drew Bartlett, Executive Director
By:
Candida Heater, Director
Administrative Services Division
SFWMD OrFrcE or CoL\sEL
APPR0VED As To FORlvl
BY
PRTNTNAME: Thomas
S['WNID PRoc
B1:
.*DATE: Januarv 15.1
ATTEST
CRYSTAL K. KINZEL, CLERK
BY:
BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA
Bv: penny Taylor
Title:Chairperson
Approvcd as to lbrnl an(l lcllrlity
Assislant County Atknlcy rX\5\T
al,
Page 3 of 3, Amendment No. 03 to t ase Agrecment No. 4600003056
DArE: January 19,2021
16.C.4.a
Packet Pg. 888 Attachment: Tourism Third Amendment 2021 (15122 : Tourism Lease Amendment No. 3)
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.4.b
Packet Pg. 889 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
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.4.b
Packet Pg. 890 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
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.4.b
Packet Pg. 891 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
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.4.b
Packet Pg. 892 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
(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.4.b
Packet Pg. 893 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
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.4.b
Packet Pg. 894 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
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.4.b
Packet Pg. 895 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
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.4.b
Packet Pg. 896 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
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:
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BY:
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LESSEE:
Board of County C ssioners. Collier
County, Fl da
Bv
Name: Tom Henning
Title: Chairman
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(Witness arne)
(wi Signature)
t
(Witness Name)
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to form 8nd legality
Jeffrey A. Klatzkow,nty Attomcy
CLERI(
O?uty
s/n/.(
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Afled rtlo Ctairmanl
siqnature oirh
Page 7 of9
South Floride Water Manegement District
By Its Governing Board
DATE:
\n,'-,,n'.o. Q,
Date:
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16.C.4.b
Packet Pg. 897 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
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Page 8 of 9
16.C.4.b
Packet Pg. 898 Attachment: Tourism First Amendment and Original Lease (15122 : Tourism Lease Amendment No. 3)
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.4.c
Packet Pg. 899 Attachment: Tourism Second Amendment 3-2020 (15122 : Tourism Lease Amendment No. 3)
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.4.c
Packet Pg. 900 Attachment: Tourism Second Amendment 3-2020 (15122 : Tourism Lease Amendment No. 3)
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.4.c
Packet Pg. 901 Attachment: Tourism Second Amendment 3-2020 (15122 : Tourism Lease Amendment No. 3)