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Florida Governmental Ut¡lity Authority - FGUA

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JAN 3 0 2012<br />

COLLIER PLAZA<br />

l2O01 Glen Road, Potomac, MD 20854 'Tel: 3O1 983 1133 . Fax: 5Ol 983225U^ 'www.collierplaza.com<br />

January 26,2012<br />

Government Services Group<br />

280 Wekiva Springs Road<br />

Protegrity Plaza, Suite 203<br />

Longwood, FL32779<br />

Ladies and Gentlemen:<br />

Reference is made to the Triple-Net Lease dated October 25,2070 ("Lease") between 951 MB, LLC<br />

(Landlord") and <strong>Florida</strong> Government Utility <strong>Authority</strong> ("Tenant"). As you know, Collier Pltza, LLC is<br />

the successor in interest to the Lease with 951 MB, LLC. Such Lease covers 11985 Collier Boulevard,<br />

Unit 7, Naples, <strong>Florida</strong>.<br />

We respectfully request the addition of the following provision as Section 18 to the Lease:<br />

This Lease strictly forbids the filing of any liens whatsoever by any contractor,<br />

subcontractor, material men, laborer or other person for any work performed by or at the<br />

request of Tenant in or about the leased premises. Notice of such prohibition may be given to<br />

ruóh purronr in a memorandum of lease recorded in the public records of the county in which<br />

the Center is located. The purpose of this section is to expressly exculpate and insulate<br />

Landlord from any liability whatsoever for the cost of any such work performed by or at the<br />

request of Tenant. The interest of Landlord in the leased premises and the Center shall not be<br />

subjeot to foreclosure with respect to any such liens. In addition, Tenant shall cause any lien<br />

fileã against the leased premises or the Center in violation of this Section 18 to be reieased<br />

and discharged within ten (10) days after Landlord's written demand therefore and Tenant<br />

shall indemnif, and hold Landlord harmless from and against any such lien and any cost,<br />

damages, charges and expenses incurred in connection with any such lien, including, without<br />

Iimitation, attorney's fees.<br />

Nothing contained in this Section 18, or the Lease, shall authorize Tenantto do any act<br />

which mayireate or be the foundation for any lien, mortgage or'other encumbrance upon the<br />

reservation or other estate of Landlord, or of any interest of Landlord in the leased premises,<br />

the Center, or in the properly or improvements thereof; it being agreed that should Tenant<br />

cause any alterations, changes, additions, improvements or repairs to be made in the leased<br />

premises, or cause materials to be furnished or labor to be performed therein, neither<br />

Landlord nor the leased premises shall, under any circumstances, be liable for the payment of

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