Loading...
Resolution 2017-055 RESOLUTION No. 2017 - 5 5 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND UNITED STATES CONGRESSMAN MARIO DIAZ- BALART FOR USE OF OFFICE SPACE WITHIN A COUNTY-OWNED BUILDING. WHEREAS, United States Congressman Mario Diaz-Balart ("Congressman") desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located within the Golden Gate Customer Service Center located at 4715 Golden Gate Parkway,Naples, Florida 34116. WHEREAS, the Lease Agreement provides for a two-year term commencing on January 3, 2017 and ending January 2, 2019, with an annual rent of Ten Dollars ($10). WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Congressman and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: 1. 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. "7 yam. This Resolution adopted this c I day of 6' )L JU&i"— , 2017, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS ULAI\.11 COLLI R C• TY, FLORIDA BY: 1 BY: /�/✓I✓ L P. uty Cl i ; k, PENNY TAY :' ' , Char � � J lAIf hl3n S signature onir., Approved as to form and legality: Jennifer . Belpedio, Assi: an ounty Attorney \� Lease # BCC-158 LEASE AGREEMENT -14 THIS LEASE AGREEMENT entered into this -v a 0 day of , 2017, between Congressman Mario Diaz-Balart. whose mailing address is 8669 an:7-ittreet, Suite 100, Doral, Florida, 33166, 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 1 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 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 government office, a copy of the Demised Premises floor plan is attached hereto and made a part hereof this 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, 2017 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 a part 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. 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 he 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. 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, rulesregulations. 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. 2 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. 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 I,ESSOR 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 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 specifying wherein LF,SSOR 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 l'amiami Trail, Suite 101 Doral, Florida 33166 Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Division Director 3 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 IJ 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 arc 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 Leaseof 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 713.10, Florida Statutes. ARTICLE 17. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. 4 ARTICLE 18. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. ARTICLE 19. District Office Lease As a requirement of the United States House of Representatives, attached as an ADDENDUM to this Lease, is the District Office Lease Attachment. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: DATED: (-' fF ✓ 7. / BY. 7 WI1NESS (signature)' CON! ' SS►.AN ' ' 0 D ' Z-BALART C7/0 (i &i fl fq Ar l U --- (print name) - '. „....e.#10,4_ Ili WITN i signature) i .d. A 0+ ' (printame) AS TO THE LESSOR: DATED: • ' l 7 ATTEST: ;, BOARD 0 C• TY COMMISSIONERS DWIGHT E• OK, Clerk COLLIER ,• ► Y, FLORIDA 0.jav,...szet BY: //h /Ld __ A Deputy CIerV i : PENNY TAI• , Chai apt - Attest as td‘Ghapnan's sigtatareonl'j. Approved as to form and legality: Jennifer r . .elpedio, Assist - Attorney 5 , 1 , f . ! I ! rr--T------------ ..._-_,--• ..,:,-"Lc.-ar!=i7----!-T„- 1 • i . .,1 ! 1!I / ,,..-- : •• • i ,1 : : : :•• . 1 , ,, •, i .. • , " ,....„... .. 1 Ni......._______ , lt '.....--•.;•••'-,..,..., ,• 1 , fa 1 1 1 1, I :1 1 7 , , ,.,......4- i i , , , IT' 1 1 'r•-`'` ,_ • . i i ! , ,---1 it,E- ---i „___, i ! 2. 1•••• ------; {1.... ! : !, , • 1 4 ' r t . 1 :,.. ; __./., I . 1 .., , . ..., :1 .../ i „' , . ! - . 1 i t= L- . 1 ,a jjrJ -, ! IL , ) ,---i , 1 , i 11 I — ' *- r i , • • , I . 1-! .it ' 1 i "siIr I I 111 1••••---, ---1- 4 ' 1 11 f i It 1 E.! . C I r ' 11 \ T-1 s i 1 , N., I j 1 1._ . , 11 hi _ _ .., . If .1.._1 j 1 , I , a If 1, i iii i i Til kg 0 1 I i----/ it 1 , r 1 t1 ' • _. 4 , , !.---- . 1-../\,„..1 11 f•--; 1 - - 2,,,- . l'!••_„:: , - , :. i 1. , = ..., ,..„ ,ii__, i 1— - • E4---T: 1 a I ,i •,„\ , A 1 , i I -------, -------, ,i! i ,• - „ . 11 • , . 7 i • • i ,,,. i N. ¶==_ . rl — ",,,....„"--. s' ‘../ .0, r.,,. 11 • 1 1 1 g . i I 1 i ' '''"•-• Pi- i •''' V. i , I , . , • i = ' =';..) '' GO l•arNi 7,.47i- SF.R.,:'C F. ,i'F, ! , — L..----.--: :L1;7— _ 1 i cacevrr.Ft011-104 . i r,..CCR PLAN '----- .., i , , • ! - , : ....,... - - 1 ADDENDUM 'U.S. Nouse of Wcpresentatives Washington,D.C.20515 District H r:`:1: A;'1:ndment (Page 1 of 2—115th Congress) 1. 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 front 1/3/2013 to 1/2/2017 for the lease of office space located at 4715 Golden Gala Parkway in the city,state and ZIP of Naples,Florida 34116 2. Extended Term. If applicable,the above referenced Lease is extended through and including January 2 ,20 19 . (This District Office Lease Amendment ("Amendment")may not provide for an extension beyond January 2,2019,which is the end of the constitutional term of the I I 5th Congress.) 3. Rent and Any Other Changes. The-monthly rent for the extended term of the Lease shall now be 510 annually . All other provisions of the existing Lease shall remain unchanged and in full effect,except for the following additional terms,which arc modified as indicated in the space below[If 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. 4. 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 15th Congress and the District Office Lease Attachment for the 115th Congress attached hereto supersedes and replaces any prior District Office Lease Attachment. 5. Counterparts. This Amendment may be executed in any number of counterparts and by facsimile 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. 6. 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. [Signature page follows.] US. ,Mouse of Representatives Washington, D.C.20515 District Otice Lease Amendment (Page 2 of 2—1155th Congress) IN WITNESS WHEREOF,the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. Collier County,a Political Subdivision of the State of Florida Congressman Mario Diaz-Balart Pri t I * - ffLessor/Landlord 'hut Name of Les B //' 7 411, Lesso`l7pgnature ' essee S. ature Name: ofelrt`1 IG,gld Title: C kit(vn Gr„'1 j-)CA.A--et— P2 -7 ,2-ei i "7 6///67/1 ,7 Date Date Approved as to to :;' le?. ity telk RRdJ lam- \( " `1 DeputyCsiv1 it' 7. \ Q 1 eSt a5 to, alrt 'S slg Ur,?Ql This District Office Lease Amendment must be accompanied with an executed District Office Lease Att tchtnent.