Backup Documents 06/28/2011 Item #16E 2ORIGINAL DOCUMENTS CHECKLIST & ROU.TI G S
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SE 'E2
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR G ATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document i, aJd, .,, I,fP ;,t, 'k-
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. 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, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered fn the R( C' nffi —1- ,Ao Ik- Dom. L__ 1 ._ -_
item. - - -- -- --- - -- _...__ -j j — — u w appiuvc mt
Name of Primary Staff ' ' / Phone Number
Contact �,(.� � Q �. X11 -7-7 Y 3
Agenda Date Item was r Agenda Item Number
Approved by the BCC Z ( a
Type of Document Number of Original
Attached ��� (,� °1r L e A <, Documents Attached
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
1. 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. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
All handwritten strike - through and revisions have been initialed by the County - Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. 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.
4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
_ signature and initials are required.
5. In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwardin to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be a are f your deadlines!
6. The document was approved by the BCC on (enter date) and all changes
made during the meeting have been incorporat d in he attached document. The
Count Attorney's 's Office has reviewed the changes, if applicable.
Yes I N/A (Not
(Initial) Applicable
L Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
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MEMORANDUM
Date: October 13, 2011
To: Michael Dowling, Property Management Specialist
Real Estate Services
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Resolution & Lease Agreement
Senator Marco Rubio
Attached for your records is a copy of the document referenced above
(Agenda Item #16E2) approved by the Board of County Commissioners
on Tuesday, June 28, 2011.
The original will kept by the Minutes & Records Department as a part
of the Board's Official Record.
If you should have any questions, please contact me at 252 -7240.
Thank you
Attachments
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RESOLUTION No. 2011 - 111
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND UNITED STATES SENATOR
MARCO RUBIO FOR UTILIZATION OF OFFICE SPACE WITHIN THE
ADMINISTRATION BUILDING.
WHEREAS, United States Senator Marco Rubio, (`Senator'), desires to lease an office
space at 3299 East Tamiami Trail, Suite 106, Naples, Florida, which is owned 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 renewal terms, if the Senator is re- elected, for additional six (6) year terms following
the initial Lease term. The rent shall be Four Thousand Two Hundred Dollars annually
throughout 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, that:
1. The Board of County Commissioners does approve the attached Lease Agreement
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 41 "day of 2011
after motion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk
Approved as to form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: `� W.
FRED W. COYLE, Chairman
Jenni . White, Assistant County Attorney
Item # 1�
Age;gda n�
Gvi2 L.
Gate I 13 61
Roca
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UNITED STATES SENATE
I10 -ME: STATE OFFICE
LEASE AGREEMENI
WASHINGTON, D.C. 220510
THIS HOME STATE OFFICE LEASE AGREEMENT made on this 281' day of June,
2011, as evidenced by the signatures below, by and between Collier County a political
subdivision of the State of Florida, hereinafter referred to as the "Lessor," and the Honorable
Marco Rubio, United States Senator, in his her ollicial capacity hereinafter referred to as
"Lessee" and in accordance with and subject to the statutory requirements set forth in 2 U. S. C.
59 relating to home state office space for the United States Senate,, it is hereby agreed as follows:
1. The Lessor shall furnish the Lessee office space, hereinafter referred to as the "Leased
Premises," described more particularly as Suite 106, 3299 East Tam,iami Trail, Naples, Florida
34112, containing a total 422 usable square feet. Said space may consist of a large open area or
may be partitioned into rooms including private corridors, closets, offices, and conference rooms.
Square footage of the space shall be calculated by measuring from the inside finish of the
exterior wall (or face of the convector if the convect-or occupies at least fifty (50) percent of the
length of the exterior wall) to the Lessee's side of the corridor wall and to the Lessee's side of the
partitions separating the space being measured from the space occupied by contiguous Tenants in
the building and shall not include "joint use space" such as common cafeterias. conference
rooms, snack bars, janitorial, mechanical or circulation areas as defined in 41 CFR'101- 17.003-
13.
2. The Lessee shall have and hold the Leased Premises with quiet enjoyment, for a term
to commence on November 1, 2011 and terminating on January 2. 2014 unless otherwise
extended under the terms herein. I-Except as set forth below, the term of this lease shall not
exceed six years. and shall in no case, extend beyond the term of office which the Lessee is
serving on the first day of this Lease. Should the Lessee be re-elected to his/her Senate seat after
the expiration of his/her term of office which he/she was serving upon the execution of this
Agreement, the Lessee may holdover in the Leased Premises until such time as a new Agreement
has been executed. Any month to month holdover may be terminated by either party by
providing thirty (30) days advance written notice to the other party.
3. The Lessee and/or Sergeant at Arms shall have the right to terminate this lease without
penalty upon the Senator's death, resignation or expulsion from the Senate. This right shall be
exercised by providing, sixty (60) days advance written notice to the Lessor of the Lessee or
Sergeant at Arm's intention to terminate this lease. Notwithstanding the foregoing, this Lease
shall terminate immediately upon the Lessee's loss of his/her Senate seat. M
4. The Lessee shall be pay obligated to rent to the Lessor in the amount of 350,0
9 pay
month (an annual rate of $9.95 per usable square foot.) Said monthly rental payment shall be
paid in arrears on or about the Iasi day of each month, the first payment due 30days from
commencement date. Said paymcrit, which shall not be adjusted for operating expenses, taxes,
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landlord costs or otherwise, is contingent upon the Lessor's submission, at the beginning of each
month, of a proper invoice to the Sergeant at Arms of the United States Senate. Said invoice
shall be in a form which is approved by the Sergeant at Arms. Upon the direction of the Lessee
and the Sergeant at Arms, the Secretary of the Senate will remit to the Lessor, the sum due on the
proper invoice at the end of each month. Any payment made to the Lessor by the Secretary of
the Senate for any period after this lease agreement has expired or has otherwise been terminated
shall be refunded by the Lessor to the Secretary of the Senate without formal. demand. Payments
for any fraction of a month shall be prorated on a thirty (30) day basis. Any month to month
holdover tenancy, if applicable, shall be at the same base rent as in effect at (lie expiration of this
Agreement.
After the execution of the lease, the Lessor shall be contacted by the Secretary of the
Senate to determine the preferred method of payment of rent. Payment of rent during any
transition period shall be made payable to the order Collier County, and shall be mailed to the
following address: c/o Attention Leasing Agent, Deal Property Management, 3335 Cast
Tamiami "frail, Suite 10I, Naples, Florida 34112.
5. The Lessor shall provide and pay for the costs of all utilities, including but not limited
to, water, electricity, ventilation. heat and air conditioning. Lessor shall provide and pay for the
installation of cable television and provide monthly cable service in one location within the
premises, including CNN, C -SPAN 1, C -SPAN 11, and all local channels, but excluding internet
service.
G. The Lessor shall provide and pay for the cost of janitorial services to the Leased
Premises which shall include, (1) on a five day per week basis, vacuuming, dusting, trash
removal including recycling and all necessary recycling containers, cleaning of all washrooms
and, (2) on an annual basis, carpet and window cleaning. Lessor shall also provide and pay the
cost of all lighting ballasts, incandescent and fluorescent light bulbs, washroom supplies and all
cleaning products.
7. The Lessor shall provide and pay for adequate parking for Lessee and staff in
accordance with Lessee's needs to include one reserved parking; spaces at no cost to Lessee.
Neither the Lessee, nor his staff shall be required to provide a security deposit or pay for any
parking passes or other identification device for parking facilities. Cost of the parking is included
in the monthly rent amount set forth in paragraph four above.
A. The Lessor shall provide and pay for security in accordance with building standards,
including adequate lighting in parking areas. Lessor hereby provides authorization for the
Lessee to provide and install the security enhancements to the demised premises listed on Exhibit
13 which is attached hereto and incorporated herein by this reference, at Lessee's sole cost and
expense. Lessee shall not be required to return the demised premises to their original condition
upon the termination of this lease.
The current duress alarm and monitoring shall continue to be provided by the Lessor until
such time as the Sergeant at Arms provides the security enhancements mentioned herein. Upon
the installation of the new Sergeant at Arms provided enhancements, the Lessor shall provide
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and pay for the removal of the old security system
9. The Lessor shall provide and pay for all regular maintenance and necessary repair,
including snow removal, to the building, grounds, parking facility and the Leased Premises
without limitation including all improvements to said space. Lessor shall provide and pay the
cost of supplies for such repair and maintenance. Lessor shall keep the building and demised
premises in compliance with all state and local building, safety and fire codes.
10. The Lessor shall provide and pay for suitable building and suite signage which
designates the Senator's office in accordance with Lessee's specifications. Lessor, at Lessee's
request, shall include the Lessee's name in all building directories throughout the building at no
cost to the Lessee. Changes to such directory shall be at no additional cost to the Lessee.
11. The annual rent set forth in paragraph four shall include all applicable Federal. State
and local taxes and duties and all occupancy and user permits and fees. The annual rent shall
include keys for the Leased Premises including any needed replacement keys as well as
electronic security system passes if the building has such electronic security measures.
11 Capital improvements to the leased space shall be made only upon written
application to and/or written approval of the Lessor. Any improvement, physical modification or
other alteration so requested or required after initial occupancy shall be at Lessor's expense,
which may be recouped in the monthly rent subject to and upon prior approval of the Sergeant at
Arms. All improvements shall be made in good workmanlike manner, and in accordance with
all state and local building codes and in accordance with the American with Disabilities Act of
1990.
13. Notwithstanding any other provision in this lease or any amendment, modification or
addition hereto, the maximum annual rate that may be paid to the Lessor for rental of the Leased
Premises, fees associated with physical modifications, capital improvements, operating costs, or
any other fee, rent adjustment or otherwise, shall at no time exceed the highest rate per square
foot charged Federal agencies on the first day of the lease of such office by the ''administrator of
General Services, based upon a 100 percent building quality rating, for office space located in
the place in which the Senator's office is located multiplied by the number of square feet
contained in that office used by the Senator and his employees to perform their duties.
14. The building, grounds, parking accommodations and the Leased Premises (hereinafter
referred to as the "facility ") shall be readily accessible to and usable by individuals with
disabilities in conformance with the Uniform Federal Accessibility Standards (USAD- appendix
A to 41 CFR part, 101.19.6) or the American with Disabilities Act Accessibility Guidelines for
Building and Facilities (ADAAG- appendix A to 28 CFR part 36). If such facility is an historic
property, such facility shall comply to the maximum feasible extent possible provided that the
same will not threaten or destroy the historic significance of the facility.
15. The Lessee enters into this lease on behalf of the United States Senate. However,
neither the Senate nor its Officers assume any liability for the performance of the agreement.
Payments approved by the Sergeant at Arms and disbursed by the Secretary of the Senate of
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amounts due the Lessor by the Lessee under the terms of this lease are made solely on behalf of
the Senator in the Senator's official and representational capacity. The Lessor agrees to look
solely to the Lessee for default of' payment or otherwise, and such Senator, in his official
capacity, assumes all liability for performance of this lease agreement. Lessor shall provide
Lessee and the Senate Sergeant at Arms written notification of any default made by Lessee under
the terms of this agreement. Prior to the I.aessor taking any action against Lessee for default,
Lessee shall have thirty (30) days to cure any default after receipt of written notification from
Lessor; however, if such default cannot be cured within such period, Lessee shall have such
reasonable period of time as needed to cure such default . Lessee shall not be subject to
surcharges, charges, attorney's fees, interest, penalties or similar fees arising from Lessee's
default or otherwise.
16. The Lessor and Lessee acknowledge that the United States Senate, as a self - insured
entity of the United States Government, is subject to the Federal "fort Claims Act, Chapter 171 of
Title 28, United States Code, under which recovery may be sought through the Senate Sergeant
at Arms for any injury or loss arising under this lease due to the negligent or wrongful act or
omission of Lessee or any of Lessee's employees acting within an official scope and capacity.
17. Notice under this agreement shall be delivered to the Lessor at 3335 East Tamiami
'frail, Suite 101, Naples, Florida 34112 and notice to the Lessee shall be delivered to the Lessee
at the Leased Premises and the Office of the Sergeant at Anns of the United States Senate, Room
S -151, United States Capitol, Washington, D.C. 20510. The parties agree that they shall provide
a copy of this agreement to the Sergeant at Arms.
18. The Lessor certifies and warrants that the Lessor has no conflict of interest, direct or
indirect, financial or otherwise, which would be applicable to the performance of the obligations
covered by this agreement. If an allegation of a conflict of interest is brought to the attention of
the United States Senate, the Lessor agrees to fully cooperate with any investigation of the
allegations), and will disclose to the United States Senate any other contract(s) to which the
Lessor is a party, public or private, or which the Lessor undertakes during the period of this
contract (including contracts entered into during the period of this contract which include duties
to be fulfilled after the termination of this contract.).
19. This Iease constitutes the entire agreement between the parties and each party hereto
agrees and acknowledges that there are no other agreements, understandings or obligations
except as those set forth herein. Any amendments, additions or modifications to this lease
agreement which are inconsistent with the paragraphs set forth herein shall have no force and
effect to the extent of such inconsistency unless modified by mutual written agreement by the
parties and approved by the Senate Sergeant at Arms.
20. Time is of the essence with respect to each and every provision of this lease
including delivery of the Leased Premises. All covenants, conditions and provisions of this lease
shall be binding upon and shall inure to the benefit of the parties hereto and their respective
heirs, legal representatives, successors and assigns.
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21. Lessor shall provide and pay for the cost of all labor, material, pertnits, drawings,
measurements and/or any other costs related to the required construction and tenant
improvements as detailed on the floor plan which is attached hereto and made a part hereof.
Construction shall include, but not be limited to, construction of certain walls, new carpet and
paint, installation of electrical outlets, cable TV outlets, and overhead lighting in accordance with
all local and state building codes and the Americans with Disabilities Act of 1990. Upon
Lessee's approval of the Lessor's layout, plans, and drawings, I.essee shall not be permitted to
make any change to those documents that would incur additional cost to the Lessor.
As to Lessee:
Dated:
Witness (signature)
(Print n e)
wan
Witness (signature)
(Print name)
As to Lessor:
Dated: •
ATTF' n�u
DWIG1W'V '•BR
Cle
ep`aity
United States Senator Marco Rubio
BOARD OF COUNTY COMMISSIONERS
COLLIER C LINTY, FLORIDA
By:
FRED W. C OYLE, Chairman
Approved as to form and legal sufficiency for Lessor:
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