Backup Documents 02/14/2017 Item #16E 4 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI4 6 Ea 4
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Off cep, (z i �\\\�
4. BCC Office Board of County 4/
Commissioners V J dAZA — .
5. Minutes and Records Clerk of Court's Office 1 V""
4121 /1 1 3:Z4��''
PRIMARY CONTACT INFORMATION r.
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or ssing information. ,/
Name of Primary Staff ail
additional
_ � Phone Number -T -2 7" ,)
Contact/ Department in/
Agenda Date Item was / Agenda Item Number
Approved by the BCC o V.
' / ( ' / 7 / ']'"
Type of Document Number of Original /
Attached Z a-4,i. (5 A A6;-&-- 1-0-777 Documents Attached
PO number or account
number if document is /
to be recorded �`�/ -...,!
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is • Yes N/A(Not
appropriate. (Initial) Applicable).
1. Does the document require the chairman's original signature? • "1/A
2. Does the document need to be sent to another agency for additional signatures? If yes, /
provide the Contact Information(Name;Agency; Address;Phone)on an attached sheet.
3. Original document has been signed/initialed•for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. /
4. All handwritten strike-through and revisions have been initialed by the County Attorney's /1`
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
_ 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7. In most cases (some contracts are an exception),the original document and this routing slip ��
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines! _
8. The document was approved by the BCC on /et/ enter date) and all changes made '��_.' e s
during the meeting have been incorporated in the attached document. The County _gq �r
Attorney's Office has reviewed the changes, if applicable. 'E '
9. Initials of attorney verifying that the attached document is the version approved by the0 �, ;�.w
_;::, .1.,
BCC,all changes directed by the BCC have been made, and the document is ready for the �:� a a
Chairman's signature. Qi 14 °
II Forms/County Forms:BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 224.05;Revised 11/30/12
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Martha S. Vergara
From: Martha S.Vergara
Sent: Friday,April 21, 2017 4:38 PM
To: DowlingMichael (MichaelDowling@colliergov.net)
Subject: Lease Agreements -Agenda Items#16E4 E5
Attachments: Michael Dowling.pdf
Hi Michael,
Attached for your records per your request.
Thanks,
Martha Vergara, BMR Senior Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
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01.L1�4
Memorandum
\ • b O R 0?&
To: Minutes and Records
Clerk to the Board
From: Michael Dow
Senior Property Management Specialist
Real Property Management
Date: April 14, 2017
Subject: State Representative Byron Donalds
BCC: February 14, 2017, Item 16 E 4
o
Please attest and provide me with an electronic copy.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
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Lease#
LEASE AGREEMENT
THIS LEASE AGREEMENT (`Lease) entered into this t day of
,, 2017,
between State Representative Byron DonaIds, whose mailing address is 3299 East Tamiaiil Trail, Suite 212,
Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is in care of Real Property Management, 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 I. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the
Collier County Government Center, Administration Building, 3299 East Tamiami Trail,Naples, Suite 212, Florida
34112,hereinafter called the "Demised Premises," situated in the County of Collier and the State of Florida, for the
sole purpose of operating a government office.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of two (2)years, commencing on November
8, 2016, and ending November 7,2018. LESSEE is granted the option, provided LESSEE is re-elected to the same
office, and is not in default of any of the terms of this Lease,to renew same for automatic two(2)year terms, 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 thirty (30) days prior to the expiration of the 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 and LESSEE reserve 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 13 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.
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. The annual rent shall be paid in full thirty(30)days following the execution of
this Lease by LESSOR.
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall
remain the same for the ensuing renewal term.
ARTICLE 4. Other Expenses and Char'es
LESSOR shall pay all costs associated with the Demised Premises including, but not limited to,janitorial
services and any and utility charges,except for long distance telephone charges which are addressed below. 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.
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LESSOR shall bill, on a monthly basis, LESSEE for all long distance calls. LESSEE covenants to pay
LESSOR for monthly telephone long distance charges, within thirty (30) days of receipt of invoice, in lawful
money of the United States of America, at the address of LESSOR set 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 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, specifying 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.
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 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. The acceptance of rent from any other person shall not be deemed to be a waiver of any of
the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised
Premises.
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ARTICLE 8. 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 otherwise), damages, claims, suits, demands, judgments, costs, interest and
expenses(including, but not limited to, attorneys'fees and disbursements both at 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 thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or
any conditions created(other than by LESSOR, its employees,agents or contractors)by or on behalf of LESSEE in
or about the Demised Premises, (C) any conditions of the Demised Premises due to or resulting from any default
by LESSEE in the performance of LESSEE'S obligations under this Lease, or(D) any act, omission or negligence
of LESSEE or its agents,contractors, employees, subtenants, licensee or invitees. In case any action or proceeding
is brought against LESSOR by reasons 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 LESSEE'S 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 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 LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any
property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR
harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or
willful misconduct of the LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies)pursuant to
the provision of the Florida Insurance Risk Management Trust Fund and pursuant to the provisions of Section
768.28, Florida Statutes, during the term of this Lease. In addition, LESSEE shall provide and maintain Worker's
Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state
and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand
Dollars and No/100 Cents($100,000.00)each accident.
Evidence of such insurance shall be provided to the Collier County Risk Management Department in care of
Real Property Management, 3335 East Tamiami Trail, Naples, Florida, 34112, for approval prior to the
commencement of this Lease; and shall include a provision requiring thirty(30)days prior written notice to Collier
County do County Risk Management Department in the event of cancellation or changes in policy(ies)coverage.
The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur
without thirty(30)days prior written notice to LESSOR. LESSEE shall ensure that LESSEE'S insurance provider
will be responsible for notifying the LESSOR directly of any changes related to insurance coverage. LESSEE shall
also ensure that the insurance coverage provided in accordance with this agreement shall require that the company
or companies writing such insurance policy(ies)shall provide to LESSOR written notice of cancellation thirty(30)
days prior to the proposed cancellation. LESSOR reserves the right to reasonably amend the insurance
requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice, LESSEE shall have
thirty(30)days in which to obtain such additional insurance.
ARTICLE 10. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
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ARTICLE 11. 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 Article
2 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 12. 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 specifying
wherein LESSOR has failed to perform any such obligations.
ARTICLE 13.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 State Representative Byron Donalds
c/o Real Property Management 3299 East Tamiami Trail, Suite 212
3335 East Tamiami Trail, Suite 101 Naples,Florida 34112
Naples,Florida 34112
cc: Office of the County Attorney
ARTICLE 14. 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 15. 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) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where
applicable 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.
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ARTICLE 16. Environmental Concerns
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from
and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly 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 environment.
ARTICLE 17. 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 18. 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 713.10,Florida Statutes.
ARTICLE 19. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 20.Governing Laiv
This Lease shall be governed and construed in accordance with the laws of the State of Florida,
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO LESSEE:
DATED: C' )
BY:
WI NESS(sig /re) :YR• i DO"ALDS, State Representative
(print name)
WITNESS(signature)
(print name)
LESSOR'S signature appears on the following page.
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AS TO THE LESSOR:
DATED: f— / C
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK, Clerk COLLIER , FLORIDA
• ' 14. BY: /1 4L,„0"
lir 4,17 PENNY TAY oiy' , hairman
A st as to Chainnan'S
signature only.
Approved as to form and legality:
JennifeBelpedio,A nt County Attorney
/-%
Nzt.
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