Loading...
Agenda 02/14/2017 Item #16E 402/14/2017 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and approve a Lease Agreement with State Representative Byron Donalds for use of County-owned office space. OBJECTIVE: For State Representative Byron Donalds to utilize County-owned office space within the Administration Building at the main Government Center. CONSIDERATIONS: In order to have a local presence in the community, State Representative Byron Donalds (the Representative) has requested utilization of office space contained in Suite 212 within the Administration Building at the main Government Center. The attached Lease reflects the Representative’s electorate term, which commenced on November 8, 2016, and runs through November 7, 2018. The Lease includes a renewal option for additional two-year terms pending the Representative’s re-election. The annual rental amount of $10 will be paid in full and in advance. The County is responsible for all utilities, janitorial service, and local telephone service to the leased space. The Representative will be responsible for all long-distance telephone charges. As required by Florida Statute 125.38, a Resolution, which is attached, declares that Suite 212 is not required for County use and available for lease to the Representative. FISCAL IMPACT: The annual rental fee of $10 will be paid in full and shall be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts associated with this action. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires majority vote for Board action. - JAB RECOMMENDATION: That the Board of County Commissioners adopts the Resolution and approves the Lease with State Representative Byron Donalds and authorizes the Chairman to execute the attach ed Lease and Resolution. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Donalds Lease (PDF) 2. Donalds Resolution (PDF) 16.E.4 Packet Pg. 823 02/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.4 Item Summary: Recommendation to adopt a Resolution and approve a Lease Agreement with State Representative Byron Donalds for use of County-owned office space. Meeting Date: 02/14/2017 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 01/24/2017 9:11 AM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 01/24/2017 9:11 AM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 01/24/2017 2:30 PM Facilities Management Dennis Linguidi Additional Reviewer Completed 01/25/2017 10:34 AM Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 01/25/2017 11:07 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 01/30/2017 5:07 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/31/2017 8:33 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2017 8:43 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 01/31/2017 2:15 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2017 5:19 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/01/2017 8:26 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM 16.E.4 Packet Pg. 824 Lease # LEASE AGREEttT THIS LEASE AGttEWttNT(`hase')●ntCred lnto this_day of 2017, bcmeen statc Representative ByrOn Donalds,whose mailing address is 3299 East TamiatnI Trail,Suite 212, Naplcs,Florida 34H2,herehaner refcrrcd tO as・ LESSttQ"and cOLLIER COIJNrY,a pol■kal subdiviskm of the State of Florida.wllosc mailing address is h care of Rcal PropeJけ Managcment 3335 East Tamiarni Trail, Suite 101,Naples,Flo五 da 34112,hereinafter refemd to as nLESSOR" WITNESSETH h consldcra慎 ●n of thc tnumal covenants cont顧 ned herein,and other valuable cmsideration,the partics ag"e as fol10ws ARTI(■EI Demiscd Premises LESSOR hcrcby lcases to LESSEE and LESSEE hereby l●ascs■om LESSOR the proper"locatcd at the Coltr Counw GovemmOnt Centot Administration Buldng7 3299 East Talniami Tran,Naplos,Su鶴 212,FloHda 34112,hereinafter called the"Demised Premises,∥simatcd in the Colmけ ofCO:lier md the state ofFlorida,for the sob purpose Ofopchtillg a gOvOmment ofrlcc ARTICLE 2_ Tem ofLeぉo LESSEE shal have and h●ld the Demlscd Prelnises for a t―Oftwo(2)yearS,COnllllencing on November 8,201c and ending Novcmber 7,2018 LESSEE is glanted the option,provided lESSE is re‐●lectcd to thc same ofrlce,and is notin defau■ofmy Ofthc te●ns ofthヽ Lcase9to renew samc fOr autommc加 o(2)year tCnlls,undcr the same terlns and conditions as providod herein,by giving written tlodce of LESSEDS intcnJon to do so to the LESSOR not hss tan thiry(30)dayS ploT lo the expiration of the leasehold e■ate hereby created.Said noticc shall bc efFcOtive upon Pla∝ment Of the notice in an dttcial depositOw Of the United States Post Ottce. RegisteFed OF CCrtifed Mall,POstag●Prcpa鱈 LESSOR and LESSEE rescrve the rttht tO tel.1.inatc this Leasc,with or without causQ by prclviding LESSEE with thi¨ソ(30)dayS Vitten■oice to the address sot folth in Articlo 13 ofthis Lease Sald notice shall be em∝ive upon placeIIlent ofthe noticc h an orldal depositOFy Ofth●Unitcd Statcs Post OfFlcc,Rcgistered or Certi■cd Mail,POstagc Prepaid. ARIICLE 3 Rent LESSEE hercby cclvcnants and agrecs to pay as rent for thc Dcmisod Premiscs thc sum of Ten Dollars and 00/100 Cents(S10.00)per atlnun The annual Fent Shall be paid h fullthi●ソ(3o days fOl10wing thc cxecution Of this Leasc by LESSOR In thc cvemt LESSEE clccts to rencw this Lease,as provided forin ARTICLE 2,thc rcnt stated above shall remaln thc samc forthe ensu軋 rellewal tem ARTICLE 4 0ther Expcnses and Char●es LESSOR shau pay all costs ass∝iaに dw血 the D∝dsed Prcmlses includh3 but●●t lhlted to,janiorlal seⅣIces and any and u●liげ charges,cxccpt for iong dお tance tciephone charges which are add"ssed belo″Ut∥iv charges shall include,but shali not be limれ d tO,electrに Ⅲ,■ま ちhett,3ir OOnd■onin3 Po■ver,water9 and scwer services used,rende"d or supplicd thereupon or in connoctioll wi」h the Demised Pretnisese 16.E.4.a Packet Pg. 825 Attachment: Donalds Lease (2633 : Lease Agreement for State Representative Byron Donalds) LESSOR shall bill, on a monthly basis, LESSEE fot all long distance calls. LESSEE covenants to pay LESSOR for monthly lelephone long distance charges, within thhty (30) days of reoeipt of invoice, in lawful money ofthe United States of America, at the address of LESSOR sel forth in this Lease or at such other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvemenls to the Demised Premises, LESSEE wilt provide to LESSOR all proposals and plans for alteratiors, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, speoifring in writing tle nature and extent of the desired alteration, improvemen( change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, altemtions or additions. LESSOR shall not unreasonably withhold its oonsent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. Ifafter sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silonce shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair worls, erection, c.onstructior, improvemenf addition or alteration of any authorized modificalions, additions or improvements to the Demised Premises, to observe and comply with all ttren and firture applicabte laws, ordinances, rules, regulations, and rcquirements ofthe United States of America, State of Florida, County of Collier, and any and all govemmental agencies. All alterations, improvements and additions to said Demised Prcmises shall at once, when made or installed, be deemed as aftaohed to the freehold and to have become property of LESSOR. Prior to the termination of lhis Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, 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 ocsasioned to the Demis€d Premises by such removal; and in default thereo{ LESSOR may complete said removals and repairs at LESSEES expense, 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 ofany public authority. ARTICLE 6. Access to Demissd Prerises LESSOR, its duly authorized agents, representalives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon lhe Demised Premises or any part theroof at all reasonabte hours for the purpose of examining the same and making repairs or providing services therrin, and for the purposes of fuEpection for compliance with the provisiors ofthis Lease. ARTICLE 7. Assi8nment and Sublettinq LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or 10 permit any other flersons to occupy same without the wrifien consent of LESSOR. Any such assignment or subletting, even with the consent ofLESSO& shall not reliev€ LESSEE from liability for piyment of rent or other sums herein provided or from the obtigation to keep and be bound by the terms, eonditions aad covenants of this Leaso. The ac.ceptance of rcnt from aly other person shall not be deemed to be a waiver ofany of the provisions of this Lease or to b€ a consent to the assignmeni of this Lcase or subletting of the Demise.d Prcmises. ① 16.E.4.a Packet Pg. 826 Attachment: Donalds Lease (2633 : Lease Agreement for State Representative Byron Donalds) ARTICLE 8. Indemnitv LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged., shall indeurni!, defend and hold harmless LESSO& its agents and employees from and against any and all liability (statutory ot otherwise), damages, claims, suits, <Iemands, juilgments, costs, interesi and expenses (including, but not limited to, attomeys'fees and disbursements bot} at trial and appellate levels) arising direotly or indirectln from any injury to, or death o{ any person or persons or damage to property (including loss ofuse thoreof) related to (A) LESSEBS use ofthe Demised Premisis, (B) any work or thing whutsoever doie, o, any conditions created (other than by LESSOR, its employees, agents or contrictors) by or on behalfofLESSEE in or about the Demised Premises, (C) any conditions of the Demised Premises due to or resulting fiom any default by LESSEE in the performance ofLESSEES obligations under this laase, or (D) any act, omis-sion or nigligence of LESSEE or its agents, contractors, €mployees, subtenarts, licensee or invitear.' Io a*. *y otion or proceeding is brought against LESSOR by reasons of any one or more thereof, LESSEE shall pay all costs, attomeys,feesl "*!"lj:1T! liabiliries resulting therefrom and shatl defend such action or proceeding ifLUSSOR strall so requesq at LESSEETS expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the sfieet or sub-surfase,'or -fiom any othir place, or for any interference caused by operations by or for a govemrnental autlrority in construction ofany public or quasi?ublic works, The LESSOR shall not be liable for any damages to or loss of, inctuding loss due 10 petty theft, anyproperty, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hoia the LgSSOn harmless from any claims for damages, excepl where such damage or injury is the resuliofthe gross negligence orwillful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies) pu6uant to the provision of the Florida Ilsurance Risk Managemeni Trusi Fund and pu.ir*r m the'provisions of Section 768,28, Florida statutes, dudng the term of this Lease. In addition, LESSEi shall provide and maintain Worker,s Compensation Insuranae covering all employees meeting Slatutory Limits in compiiance with the applicable state and federal laws. The coverage sball include Employe/s Liability with a minimum limit ofOne Hundred Thousand Dollars and No/I00 Cents (9100,000.00) each accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department in care ofReal Property Managemenl, 3335 Fast Tamiami rrail, Naples, Ftorida, 34112] for approval prior to the commencement of this Lease; and shall include a provision requiring thirty (30) days prior wriiten notic€ to Collier County c/o Counlz Risk Management Department in t}le ev6nt;f c;c€llaiion or chunles in policy(ies) coverage. . The LESSEE acknowledges and agreei that no ohanges or cancellations to the insurance coverage will occurwithout thirty (30) days prior written notice to LESSOR. LESSEE shall ensure tlat LESSEE S insurance provider will be respolrsible for notifying the LESSOR directly of any changes related to insurance covorage. LESSEE shall also ensure that the insurarce coverage provided in acrordance wiih this agreement shall requir€;hat the company or companies writing such insurance policy(ies) shall provide to LESSOR written notice ofcancellation thirtJa(30)days prior to the proposed cancellation. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in witing to LESSEE, whereupon receipt of such notice, LESSEE shall havethirty (30) days in which to obtain such additional insurance, ARTICLE 10. Maintenance LESSEE shall keep the Demised premises clean at all times. 16.E.4.a Packet Pg. 827 Attachment: Donalds Lease (2633 : Lease Agreement for State Representative Byron Donalds) ARTlCLE ll Defaultbv LESSEE Failurc of LESSEE to comply wtt any prOvidon or covenant of thヽ Lease shJl constlate a defauh and LESSOR may,at its optiOn,tertninate this Lcase aner prOviding vtten■otlce to LESSEE,as sPeCifled in Articlc 2 0fthヽ hse,unless the defau■be cured witllh the notice pc嬌 od(or suCh addtiollal dm● “ is rcasonably required to cOr"ct such dcfaultp. ARTICLE 12.Dcfault bv LESSOR LESSOR shJlin no cvent b●chargod with defaul in the perfomance of any ofits ob∥,ions hCreundcrunless and undl LESSOR shdl have failcd to porfonn such obligatlons within th"(30)dayS COr sllCh addriond time asお rcason3bly required tO cOrrect such defaultl aner notice to LESSOR by LESSEE PЮ perly spectting wherein LESSOR has failed to perforln any such Ob∥gations ARTICLE 13 Noticcs Ally noticO which LESSOR or LESSEE may bc required tO give tO the othcr paゥ shall be in Miting lo血 other p田 けat the fOllowing addrcsses LESSOR: LESSEE: Board ofCounty Commissioners state Representative Byron Donalds c/o ReaI Propeny Management 3299 East Tamiami nan,Suite 212 3335 East Tamiami Tmil,SuL 101 Naples,Flo五 da 34112 Naplcs,Florida 34112 .。ofrlce ofthc Coun,AttOmcy ARTICLE 14 Surrender ofPremises LESSEE shall dcliver up and surrcnder to LESSOR PosscSSiOn Ofthe Demised Premises atthe t―inatiOn ofthis Lcase,or its earlier tertninaJon as herein prOvided,bЮ om cloan and in as good condticln and repair as he samc shall be atthe commencement Ofthe tenll ofthis Loase or may have bccn put by LESSOR or LESSEE during the cOntinuancc ttere。1 0rdinary wear alld tear and damage by fre Or the cLments bOyond LESSIIIS∞ntЮl oxccpted. ARTICLE 15.Ceneral Provisions uSSEE expressly agrees fOr itselt iS su∝essor and assigns,to re■ain from any us●Of thc Demised Premお es which would interFore wlh or advcrsely attct tho operatiOn or maintcnance of LESSOWS■andard opcratiOns 3vhere othcF Opendons share cOmmon facilities (→ Rights nOt specically granted the LESSII by this L∽se are hereby reserved to thc LESSOR 〈b〉LESSEE agcesゎ Pay dl sabs tax imposed on the rental of■e Detnお ed Pretnお es where app∥cable under law 〈c) LESSEE agrces to pay a∥intangibl●persOnal propc■′taXes that may be imposcd due tO thc creatiOn,by this Lease, of a leaschOld interest in the Delllised Premises or LESSEEIS possession of Mid ieasehold interest ill the Demised Premiscs 16.E.4.a Packet Pg. 828 Attachment: Donalds Lease (2633 : Lease Agreement for State Representative Byron Donalds) ARTICLE 16. Environmental Comcerns LESSEE represents, warrants and agrees to indemni!, reimburse, defend and hold harmless LESSOR, from and against all costs (including attomeys fees) asserted against, imposed on or incurred by LESSOR direotly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the ewironment. ARTICLE 1?. Radon Gas In compliance wirh Secfion 404.056, Florida Statutes, all parties are hereby made aware ofthe following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in suffrcient quantities, may pfesent health risks to persons who are exposed to it over time, Levels ofradon that exc.oe.d federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtrined from your County Public Health Deparhxent. ARTICLE tE. Extent ofliens Al[ persons to whom thes€ pr€s€nts may come are put upon notice of the facl that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements mBde by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions ofand in compliance with Section 713.10, Florida Statutes. ARTICLE 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. Govemine Law This Lease shall be govemed and construed in accordance with the laws ofthe State ofFlorida. lN WTINESS WIIEREOF, the parties hereto have hereunder set forth their h&nds and seals. AS TO LESSEE: DATED: WITNESS (signatu€)BYRON DONALDS, State Representative (print name) WITMSS (signature) (print name) LESSOR'S signature appears on the following page. BY:516.E.4.a Packet Pg. 829 Attachment: Donalds Lease (2633 : Lease Agreement for State Representative Byron Donalds) ATTEST:BOARD OF COUNTY 00N島 なISSIoNERSDWIGHT E.BROCK,Clerk cOLLIER COUNTY,FLORIDA AS TO THE LESSOR: DATED: Approved as to form aad legality; BY: ,Deputy Clcrk PEIINY TAYLOL chai=11lan h」缶 ARぃ 直ヽ 無 ゞ鋼 C…Attomリ ゴ ゛ご6 16.E.4.a Packet Pg. 830 Attachment: Donalds Lease (2633 : Lease Agreement for State Representative Byron Donalds) RESOLUTIoN No.2017‐ RESOLUTION OF TIIE BOARD OF COUNTY COMMISSIOTTERS, COLLIER COUNTY, tr'LORIDA, APPROVING A LEASE AGREEMEIYT WITH STATE REPRESENTATIVE BYRON DONALDS tr'OR UTILIZATION OT OFFICE SPACE WITHIN THE ADMIMSTRATION BUILDING, WHEREAS, Representative By,ron Donalds ('Representative') desires to lease an office space within the Administration Building, 3299 Tamiami rrail Eas! suite 212, Naples, Florida, owned by Collio Cormty, a political subdivision of t}le State of Florida ("Collier Countf'), in order to operate a govemment office. WHEREAS, the Lease Agreement (Lease) provides for an initial two (2) year term, commending on November 8, 2016, which reflects tle Representative's electorate terrn, and provides for automatic additional two (2) year renewal terms pending the Representative's re-election. The rent shall be Ten Dollars annually throughout the life of the kase. WHEREASI the Board of Counly Commissioners is satisfied that this poperty is required for ttre Representative's use and is not needed for County purposes, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COI.'NTY COMMSSIONERS OF COLLIER COUNTY, FLORIDA, that: i. The Board of County Commissioners does hereby approvs the attached Lease Agreement between Collier Couty and State Repfesentstive Byron Donalds. 2. The Chairman of the Board of County Cornmissioners of Collier Counry, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this _ day of motion, secotrd and majority vote. AⅧST: DWIGHT E.BROCK,Clerk BY: BOARD OF COUNTY COヽ 岱彊SS10NERSI COLLIER COUNTY,FLORIDA BY: Penny Taylor, Chairman 2017, ancr Deputy Clerk Approvcd as to fortt and Lttlity: JCnnifCr A BclpedO,Assistant county Attomcyヽ プ°メ 【ミ|ぐ 16.E.4.b Packet Pg. 831 Attachment: Donalds Resolution (2633 : Lease Agreement for State Representative Byron Donalds)