Agenda 06/28/2011 Item #16E 2
6/28/2011 Item 16.E.2.
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to adopt a Resolution
and approve a Lease Agreement with United States Senator Marco Rubio for use of
County-owned office space during his initial electorate term for annual revenue of
$4,200.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to adopt a
Resolution and approve a Lease Agreement for United States Senator Marco Rubio 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, United States Senator
Marco Rubio (Senator Rubio) has requested utilization of office space contained in Suite 106 within
the Administration Building at the main Government Center. The office contains approximately 450
square feet.
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The proposed Lease Agreement will reflect Senator Rubio's current remaining term, which expires
on January 1, 2017. The Lease will include a renewal option for additional six-year terms pending
Senator Rubio's re-election. The annual rental amount will be $4,200, and shall be paid in full for
each year of the lease. Typically, rent charged to elected officials for County space is nominal. In
this instance, the rent set forth in the Lease is to off-set the construction improvements Senator
Rubio's staff has requested for the proposed office space, and to assist in future operations costs.
The rent is equivalent to discounted fair market rent for like properties in the area. The County will
be responsible for making interior revisions to the space, and provide all utilities. janitorial service,
and local telephone service to the leased space. Senator Rubio will be responsible for all long-
distance telephone charges.
As required by Florida Statute 125.38, a Resolution is attached declaring that Suite 106 is not
required for County use and is available for lease to Senator Rubio.
FISCAL IMPACT: The annual rental fee of $4,200 will be paid in full for the first year, and on the
anniversary date thereafter, and shall be deposited into the General Fund (001).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The proposed Resolution and Lease Agreement are legally
sufficient for Board action, and require majority support for approval. - JBW
RECOMMENDATION: That the Board of County Commissioners adopts the attached Resolution,
authorizes its Chairman to execute the Resolution. approves a Lease Agreement, once reviewed
and approved by the County Attorney's Office, and authorizes its Chairman to execute the Lease
Agreement.
PREPARED BY: Michael Dowling. Sr. Property Management Specialist, Real Property
Management, Facilities Management Department
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6/28/2011 Item 16.E.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
Item Summary: Recommendation for the Board of County Commissioners to adopt a
Resolution and approve a Lease Agreement with United States Senator Marco Rubio for use of
County-owned office space during his initial electorate term for annual revenue of $4,200.
Meeting Date: 6/28/2011
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior.Faci1ities
6/6/2011 ]2:16:29 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
6/6/2011 12: 16:30 PM
Approved By
Name: SmithKristen
Title: Administrative Secretary, Risk Management
Date: 6/7/2011 10:36:51 AM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 6/7/2011 I]: 18:54 AM
Name: WhiteJennifer
Title: Assistant County Attomey,County Attorney
Date: 6/8/201] 4:37:38 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 6/9/20113:55:13 PM
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Name: WhiteJennifer
Title: Assistant County Attorney,County Attomey
Date: 6/10/20119:56:49 AM
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 6/15/20114:13:17 PM
Name: WhiteJennifer
Title: Assistant County Attorney,County Attorney
Date: 6/15/201 ] 4:38:53 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/17120]] 9:17:38 AM
Name: StanleyTherese
Title: ManagementlBudget Analyst. Senior,Offiee of Management & Budget
Date: 6/17/2011 11 :21 :34 AM
Name: OchsLeo
Title: County Manager
Date: 6/]9/201] 6:25:16 PM
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6/28/2011 Item 16_E.2.
6/28/2011 Item 16.E.2.
RESOLUTION No. 2011 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND UNITED STATES SENATOR
MARCO RUIlIO FOR UTILIZATION OF OFFICE SPACE WITHIN THE
ADMIl\ISTRATIOl\ BlJILDING.
WI-iEREAS, United States Senator Marco Rubio, ('Senator'), desires to lease an office
space at 3299 East Tamiami Trail, Suite 106, Naples, Florida, which is o"ned by Collier County,
a political subdivision of the State of Florida ("Collier County"), in order to operate a
government office.
WHEREAS, the Lease Agreement provides for an initial term beginning June 28, 2011
and ending January 1, 2017, which reflects the Senator's election term. The Lease provides for
automatic rencVI'al terms, if the Senator is re-elected, for additional six (6) year tenns following
the initial Lease term. The rent shall be Four Thousand Two Hundred Dollars annually
througbout the life of the Lease.
WHEREAS, the Board of County Commissioners is satisfied that this property is
required for the Senator's use and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA. tbat:
1. The Board of County Commissioners does approve the attached Lease Ab'Teement
between Collier County and United States Senator Marco Rubio.
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
after motion, second and majority vote.
day of
, 2011
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISS10KERS
COLLIER COUKTY. FLORIDA
, Deputy Clerk
BY:
FRED W. COYLE. Chairman
BY:
Approved as to form and legal sufficiency:
\:'\f':, "'\.::) ~~
Jennifef'B. White, Assistant County Attorney
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6/28/2011 Item 16.E.2.
Lease #
lEASE AGREEMENT
THIS LEASE AGREEMENT entered into this _ day of .201 I. between United
States Senator Marco Rubio, \vhose mailing addre::;s is 317 Hart Senate office building
Washington, DC 20510, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida
34112. hereinafter referred to as "LESSOR."
WIT'\ESSETH
In consideration of the mutual covenants comained herein. and other valuable consideration. the
parties agree as follows;
ARTICLE 1.
Dem ised Prcm ises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located
at the Collier County Government Center, Administration Building, Suite 106,3299 East Tamiami Trail,
:'-!aples, Florida 34112, hereinafter called the "Demised Premises," situated in the County ofCoJlier and
the State of Florida, for the sole purpose of operating a United States government office. LESSEE shall
also be assigned one parking space in the secured parking lot adjacent to the Administration Building.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a term to commence on the date this Lease
Agreement is accepted by LESSOR and ending January 1, :20 17. LESSEE is gramed the option,
provided LESSEE is re-e]ected to the same ot1ice and is not in default of any of the terms of this Lease,
to automatically renew same for additional tenns of six (6) years each, ">'!hich shall reflec,t the LESSEE'S
term of office, under the same temlS and conditions as pro\'ided herein, hy giving writ1en 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 he effective upon placement of the notice in an official
depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid.
Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall
be construed to he tenancy from rnonth-to-nlonth under the terms and conditions as provided herein, until
such time as a new Lease Agreement can diligently be processed by LESSOR for the ne".... term.
LESSOR reserves the right to terminate this Lease. 'with or without cause, by pnJviding LESSEE
with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall
he effective upon placement of the notice in an official deposito!")' of the Cnited States Post Office,
Registered or Certified Mail. Postage Prepaid.
ARTICLE 3. Rent
LESSEE l1ereby covenants and agrees to pny ns rent for the Demised Premises the sum of Four
Thollsand Two Hundred Twenty Dollars and 00/100 Cents (54.200.00) per annum. The annual rent for
the first :year orthe Lease shall he paid in full thirty (0) days following the execution of this Lcase by
LESSOR.
In the event LESSEE ejects to rcnc\v this Leasc. as provided for in ARTICLE 2, the rent stated
above shall remain the same for the ensuing renewal term and sha]1 be paid ill lull for the renewal term
thereof and shall be paid within thiny (30) days for the commencement of the renewal term.
ARTICLE 4.
Othcr j;:xL1cnscs and Chan'cs
LESSOR slwll pay all costs associated with the Demised Premises including, bllt not limited to,
janitorial services and any and utili!)' charges, except for long distance telephone charges whic,h are
addressed below. Utility charges shall include. but shall not he limited to, one (I) cable television outlet.
electricity, light heat, air conditioning, power, water, and sewer services used, rendered or supplied
thereupon or in connection \.\.ith the Demised Premises. LESSOR shall also provide minor constmetion
revisions to the Demis.ed Premises as discuss~d with the Senarur's staff.
LESSEE shall be hilled by LESSOR, and LESSEE shall pay for nlllong distance charges, within
thirty (30) days of receipt of invoice, in lavI-'ful money of the United States of America, at the address of
LESSOR set forth in this Lease or at 5uch other place as LESSOR may designate.
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6/28/2011 Item 16.E.2.
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 ""Titing the nature and
extent of the desired alteration, improvement, change, or addition, along with the contemplated starting
and completion time for such project. LESSOR Of 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 proposllls 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 tenn 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 Jawor 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.
Assi!.!llment and Sublettin2.
LESSEE covenants and agrees not to assign this Lease or to suhlet 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 tile Federal Tort Claim Act.
ARTICLE 1 I. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
ARTICLE 12. Default bv LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default and LESSOR may, at its option, tCl111inate this Lease after providing \'>Titten notice to LESSEE,
as specified in Article 2 of this Lease, unless the def!lult be cured within the noti(.:c period (or such
additional time as is reasonably required to correct such default).
ARTICLE ]3. Default bv LESSOR
LESSOR shall in no event be charged \\'"ith default in the perl'ormance 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 perfonn any such obligations.
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6/28/2011 Item 16.E.2.
ARTICLE 14. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
\'r'ritingto the other party at the following addresses:
LESSOR:
Board of County Commissioners
c/o Real Property Management
3335 East Tamiami Trail, Suite ]01
Naples. Florida 34112
LESSEE:
Senator Marco Rubio
317 Hart Senate Office Building
Washington, DC 20510
cc: Office of tile County Attorney
Facilities Management Department Director
ARTICLE 15. 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 heyond LESSEE'S control excepted.
ARTICLE 16. 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 mainknam:e of
LESSOR'S standard operations where other operations share common facilities.
(a) Rights not specifically !,,'Tanted the LESSEE by this Lease arc hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where
applicable under Jaw.
(c) LESSEE agrees to pay all intangible rersonal properry 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 17. Environmental Concerns
LESSEE represents, warrants and agrt~es to indemnifY. reimbuT!,e. 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 nfthe environment.
ARTICLE] 8. Radon QJ!.!;i
In compliance with Section 404.056, Florida Statutr.:s. all parties are hereby made <Jv.'are of the
following:
Radon is <I nllturally occurring radinactive gas that, v.,hen 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
infornlation regarding radon and radon testing may be obtained fi-om your Coumy Public Health
Department.
ART1CLE 19. J;:X1Cl11.J.2fJj,ens
All persons to \-vhom these presents may come me put upon notice of the fact that the interest of
the LESSOR in the Demised Premises shall not be suhject to liens for improvements madc by the
LESSEE. and liens for improvements made by the LESSE.E are specij1cally prohibited from alt~ching to
or becoming a licn on the interest of the LESSOR in the Demised Premises or an:y part of either. This
notice is given pursuant to the provisions of and in wmpliunce with Section 713.10. Florida Statutes.
ARTICLE 20. EfTecti~Dat~
This Lease shall become effective upon exr.:clltion by both LESSOR and LESSEE.
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6/28/2011 Item 16.E.2.
ARTICLE 21. Govemine: Law
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 THE LESSOR:
DATED:
ATTEST:
DWIGHT E. BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
FRED W. COYLE, Chainnan
Deputy Clerk
AS TO LESSEE:
DATED:
BY:
MARCO RUBIO
V./ITNESS (signature)
(print name)
W1TNESS (signature)
(print name)
Approved as to fonn and legal sufficiency:
Jennifer B. White, Assistant County Anorney (\~
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