Agenda 03/28/2017 Item #16E1103/28/2017
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and approve a Lease Agreement with Congressman Mario
Diaz-Balart for use of County-owned office space.
OBJECTIVE: To approve a Lease Agreement with Congressman Mario Diaz-Balart to provide County-
owned office space within the Golden Gate Customer Service Center.
CONSIDERATIONS: On February 12, 2013, the Board adopted a Resolution (2013-33) and approved a
Lease Agreement (Lease) for Congressman Mario Diaz-Balart (the Congressman) to utilize office space
at the Golden Gate Government Satellite Office (Demised Premises). This location provides the
Congressman with a local presence in the community.
The 2013 Lease provided for two-year automatic renewals pending the Congressman’s re-election.
However, the Congressman’s office has advised that the U. S. House of Representatives will not
acknowledge automatic renewals and will require a new lease pending the Congressman’s re-election(s).
The attached Lease replaces and supersedes the 2013 Lease. The new Lease term commences on January
3, 2017 and expires on January 2, 2019. As in the previous Lease between the Congressman and the
County, the annual rent is Ten Dollars, and all of the terms and conditions shall remain the same. The
County is responsible for all utilities, janitorial service, and local telephone service to the leased space.
The Congressman will be responsible for all long-distance telephone charges. As in all previous leases
with the Congressman, attached to the proposed Lease is the U.S. House of Representatives District
Office Lease Agreement which is required by the Federal Government.
As required by Florida Statute 125.38, a Resolution, which is also attached, declares that the Demised
Premises is not required for County use and available for lease to the Congressman.
FISCAL IMPACT: The annual rental fee of Ten Dollars will be paid in full and shall be deposited into
the General Fund (001).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board action. - JAB
RECOMMENDATION: To adopt the Resolution, approve the Lease with Congressman Mario Diaz-
Balart, and authorize the Chairman to execute the attached Lease and Resolution.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Congressman Mario Diaz-Balart Lease 2017 (PDF)
2. Congressman Mario Diaz-Balart Resolution 2017 (PDF)
03/28/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.11
Doc ID: 2731
Item Summary: Recommendation to adopt a Resolution and approve a Lease Agreement with
Congressman Mario Diaz-Balart for use of County-owned office space.
Meeting Date: 03/28/2017
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
02/21/2017 5:57 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
02/21/2017 5:57 PM
Approved By:
Review:
Facilities Management Dennis Linguidi Additional Reviewer Completed 02/22/2017 9:24 AM
Facilities Management Toni Mott Additional Reviewer Completed 02/22/2017 12:01 PM
Administrative Services Department Michael Cox Level 1 Division Reviewer Completed 02/27/2017 10:56 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 02/27/2017 4:20 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 03/13/2017 11:49 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/14/2017 4:22 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/15/2017 9:01 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 03/16/2017 4:58 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/20/2017 10:01 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/28/2017 9:00 AM
Lcase#BCC-158
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of ,2017, between
Congressman Mario Diaz-Balart, whose mailing address is 8669 NW 36th Street, Suite 100,
Doral, Florida, 33l66,hereinafter referred to as "LESSEE," and 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 "LESSOR".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable
consideration, the parties agree as follows:
ARTICLE l. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the
conference room which is located at the Golden Gate Customer Service Center, 4715 Golden
Gate Parkway, Naples, Florida 34116, hereinafter referred to as the "Demised Premises", situated
in the County of Collier and the State of Florida, for the sole purpose of operating a United States
govemment office, a copy of the Demised Premises floor plan is attached hereto and made a part
hereofthis Lease.
ARTICLE 2. Term of Lease
This Lease replaces and supersedes the Lease Agreement between LESSEE and LESSOR,
dated February 12,2013.
LESSEE shall have and hold the Demised Premises for a term of two (2) years,
commencing on January 3,2077 and ending January 2,2019, hereinafter referred to as'Lease
Term.'
LESSOR reserves the right to terminate this Lease, with or without cause, by providing
LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease.
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.
LESSEE is required by the Federal Government to have the attached Addendum, which is
attached hereto and made apart hereof this Lease, executed by the LESSOR.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of
Ten Dollars and 00/100 Cents ($10.00) per annum to be paid in advance for the Lease Term
totaling Twenty Dollars ($20). The rent for the Lease Term shall be paid in full thirty (30) days
following the execution of this Lease by LESSOR.
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ARTICLE 4. Other Expenses and Charges
LESSOR shall pay all costs associated with the Demised Premises including, but not
limited to, janitorial services and any and utility charges, except for local and long distance
telephone charges, which shall be paid by the LESSEE. Utility charges shall include, but shall
not be limited to, electricity, light, heat, air conditioning, power, water, and sewer services used,
rendered or supplied thereupon or in connection with the Demised Premises.
ARTICLE 5, Modiications to Demiscd Premiscs
Prior to making any 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,
speciffing 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 sixty (60) days within which to approve or deny in writing said
request for changes, improvements, alterations or additions. LESSOR shall not unreasonably
withhold its consent to required or appropriate alterations, improvements, changes or additions
proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its
designee to said proposals or plans, then such silence shall be deemed as a denial to such request
to LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future
applicable laws, ordinances, rules, regulations, and requirements of the United States of America,
State of Florida, County of Collier, and any and all governmental agencies.
All alterations, improvements and additions to said Demised Premises shall at once, when
made or installed, be deemed as attached to the freehold and to have become property of
LESSOR. Prior to the termination of this 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 occasioned to the Demised Premises by
such removal; and in default thereof, LESSOR may complete said removals and repairs at
LESSEE'S 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 of any public authority.
ARTICLE 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right
after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part
thereof at all reasonable hours for the purpose of examining the same and making repairs or
providing services therein, and for the purposes of inspection for compliance with the provisions
of this Lease Agreement.
ARTICLE 7. 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
ofLESSOR.
ARTICLE 8. Indemnity and Insurance
The LESSEE is covered by protection of the Federal Tort Claim Act.
ARTICLE 9. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
ARTICLE 10. Default by 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 providing written notice to
LESSEE, as specified in Article2 of this Lease, unless the default be cured within the notice
period (or such additional time as is reasonably required to correct such default).
ARTICLE 11. 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 specifring wherein LESSOR has failed to perform
any such obligations.
ARTICLE 12. 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:
LESSOR: LESSEE:
Board of County Commissioners Congressman Mario Diaz-Balart
c/o Real Property Mgmt. Dept. 8669 NW 36th Street, Suite 101
3335 East Tamiami Trail, Suite 101 Doral, Florida 33166
Naples, Florida 34112
cc: Office of the County Attomey
Facilities Management Division Director
ARTICLE 13. Surrender of Premises
LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at
the termination of this Lease, or its earlier termination as herein provided, broom clean and 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 beyond LESSEE'S control excepted.
ARTICLE 14. 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.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the
LESSOR.
(b) If applicable to this Lease, LESSEE agrees to pay all sales tax imposed on the rental of the
Demised Premises where required under law.
(c)LESSEE agrees to pay all intangible personal property taxes that may be imposed due to
the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S
possession of said leasehold interest in the Demised Premises.
ARTICLE 15。Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of
the following:
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 your County
Public Health Department.
ARTICLE 16. Extent of Liens
All persons to whom these presents may come are put upon notice of the fact 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 made 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 of and in
compliance with Section 7 13.1 0, Florida Statutes.
ARTICLE 17. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.4
ARTICLE 18.Governing Law
This Lcasc shall be govemcd and construed in accordance with thc laws of the State of
Florida.
ARTICLE 19.District Offlcc Lease
As a rcquircment of thc United States House of Representatives, attached as an
ADDENDUM tothis Lease,is thc District Offlce Lease Attaclmlent.
IN WIT〕《ESS WHERI〕OF, the parties hereto have hcrcunder sct forth their hands and
scals.
AS TO LESSEE:
DATED:
BY:
WITNESS (signature)CONGRESSMAN MARIO DIAZ―BALART
(print name)
WITNESS (signature)
(print name)
AS TO THE LESSOR:
DATED:
ATTEST: BOARD OF COUNTY COⅣlヽ 41SSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
BY:
Deputy Clerk PENNY TAYLOR,Chaiman
Approvcd as to follll and lcgality:
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ADDENDUМ
U.S. t{ouse of representatives
Washington, D.C. 20515
llistrict 0ffice lease Amendment
(Page 1 ot 2 - 11srh Congress;
Prior Lease Term. The undersigned Landlord ("Lessor") and Member of the U. S. House of
Representatives ("Lessee") agree that they previously entered into a District Office Lease
("Lease") (along with the District Office Lease Attachment), which covered the period from
1t3t2013 to 1t2J2ofi for the lease of office space
lOCated at 4715 Golden Gate Parkway
in the city, state and ZIP of Naples, Florida 34 116
2.Extended Term. If applicable, the above referenced Lease is extended through and including
January 7 ,20 tg . (This District Office Lease Amendment
("Amendment") may not provide for an extension beyond January 2,2079, which is the end of
the constitutional term of the I l5'h Congress.)
3. Rent and Any Other Changes. The-menthly rent for the extended term of the Lease shall now
fs $10 annually . All other provisions of the existing Lease shall remain unchanged and
in full effect, except for the following additional terms, which are modified as indicated in the
space below [f no additional terms are to be modified, write the word "NONE" below].
Amenities are addressed in the original Lease Agreement between Congressman Mario
Diaz-Balart and Collier County, a political subdivision of the State of Florida,dated February 12,
2013.
District Office Lease Attachment for 115th Congress. This Amendment shall have no force
and effect unless and until accompanied by an executed District Office Lease Attachment for the
1 I 5'h Congress and the District Office Lease Attachment for the 1 l5h Congress attached hereto
supersedes and replaces any prior District Office Lease Attachment.
Counterparts. This Amendment may be executed in any number of counterparts and by
facsirnile copy, each of which shall be deemed to be an original but all of which together shall be
deemed to be one and the same instrument.
Section Headings. The section headings of this Amendment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
4.
5。
6.
lS i gna t ur e p age fo I I ow s.l
O.S. I{otue of K7presentatives
Washinglon, D.C. 205 l5
Ⅲst∥ct O輛 田LoasoimoMnt
(Page 2 of 2- 115h Congress)
IN WITNESS WHEREOF, Ihe parties have duly executed this District OIfice Lease Amendment as of the
later date written below by the Lessor or lhe Lessee.
Collier County, a Political Subdivision of the State of Florida
P rint Name of Lessor/Landlord/Company Prinl Name of Lessee
By:
Lessor Signqture
Name:
Title: PENNY TAYLOR, Chairman
Dale
Congressman Mario Diaz-Balart
Lessee Signature
Dale
and lcrality
Assistant Cor',-,tl rtt,r.
uft.,tn
This Disticl ofrice Lease Amendment must be accompanied v)ith an executed
District Ollice Lease Auschment-
RESOLUTION No。2017-
RESOLUT10N OF THE BOARD OF COUNTY COM卜 IISS10NERS,COLLIERCOUNTY, FLORIDA, APPROVING A LEASE AGREEⅣIENT BETWEENCOLLIER COUNTY AND UNITED STATES CONGRESSIⅥAN IⅦARIO DIAZ¨BALART FOR USE OF OFFICE SPACE WITHIN A COUNTY‐OWNED
BUILDING.
WHEIこ AS,United States Congrcssman Mario Diaz―Balart(``Congressman'')desircs to lease an
ofacc spacc within a building owncd by Collicr County,a political subdivision of thc Statc of Florida
(``COlliCr County''),10Cated within thc Golden Gatc Customcr Scrvice Ccntcr located at 4715 Golden Gatc
Parkway,Naples,Florida 34116.
WHEIこ EAS,thc Lease Agrccment provides for a two―year tcllll cOmmencing on January 3,2017
and cnding January 2,2019,with an ttmual rcnt of Tcn Dollars($10).
WHEREAS,thc Board of County Corrmissioners is satisflcd that this propcrty may bc uscd for
the Congrcssman and is not nccdcd for County purposes.
NOW THEREFORE,BEIT FESOLVED BY THE BOARD OF COUNTY COMヽ 41SSIONERS
OF COLLIER COUNTY,FLORIDA,that:
l. The Board of County Commissioners does approve the attached Lease Agreement between
Collier County and Congressman Mario Diaz-Balart.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
authorized to execute the attached Lease Agreement.
This Resolution adopted this _ day of
motion, second and majority vote.
, 2017, a■er
ATTEST:
DWIGHT E.BROCK,Clerk BOARD OF COUNTY COヽ 4NIIISSIONERS
COLLIER COUNTY,FLORIDA
BY:BY:
Deputy Clerk PENNY TAYLOR,Chaillllan
Approved as to follll and lcgality:
Jこ nnifer A.BelpediO,Assistant county Attomey
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