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Resolution 2005-310 RESOLUTION No. 2005 - ,,/ () RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE REPRESENT A TIVE MIKE DA VIS FOR UTILIZATION OF OFFICE SPACE WITHIN THE W. HARMON TURNER BUILDING. WHEREAS, State Representative Mike Davis ("Representative") desires to lease an office space on the second floor within the W. Harmon Turner Building 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 two (2) year term which reflects the Representative's electoral term. The Lease contains a provision for automatic two-year renewals following the initial lease term should the Representative seek re-election. The rent for each year of the Lease and any renewals thereto shall be Ten Dollars. WHEREAS, the Board of County Commissioners is satisfied that this property is required for the Representative'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 State Representative Mike Davis. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adnpted this /.s~ay of \..:::5.~~, 2005 after motion, second and majority vote. ATTEST: '.\... . [;,' DWIGHT ~ait6ck'~:Clerk BOARD OF COUNTY COMMISSIONERS '/:;' '- , '", COLLIER COUNTY, FLORIDA ..(.:"::~. :.'i.1 I-.! Lt~!.' - " " BY: ~I"l ~JQ FRE w. COYLE, Chair ""- Approved as to form and legal sufficiency: ~?~- Thomas C. Palmer, Assistant County Attorney fDL-/ '_.._~----",_.._".,--- Lease # 9~1 LEASE AGREEMENT THIS LEASE AGREEMENT entered into thisLtJ~y of lY .,2005, between State Representative Mike Davis, whose mailing address is 3301 East Tamiami 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 3301 East Tamiami Trail, 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 property located at the Collier County Government Center, Administration Building, Suite 212, 3301 East Tamiami Trail, Naples, 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 United States government office, ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on January 3, 2004 and ending January 2, 2006. 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 automatically renew same for additional terms of two (2) years which shall reflect the LESSEE'S term of office, 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. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be construed to be tenancy from month-to-month under the terms and conditions as provided herein, until sllch time as a new Lease Agreement can diligently be processed by LESSOR for the new 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. 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 rent for the initial Lease term 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 and shall be paid in full for the renewal term thereof and shall be paid within thirty (30) days for the commencement of the renewal term. ARTICLE 4, Other Expenses and Charges LESSOR shall pay ail 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, one (1) cable television outlet, electricity,' light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall be billed by LESSOR for two (2) telephone voice lines. LESSOR shall bill, on a monthly basis, LESSEE'S Washington, D.C. office for all Suncom, telephone voice lines and long distance calls. LESSEE covenants to pay LESSOR for monthly Suncom, telephone voice lines and 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 alLerations, 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 requi'rements 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 Sl'bletting 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 11. Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 12. 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 aftcr 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 13. 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. 2 -'",.~--^---,. ~ ARTICLE 14. 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 Mike Davis clo Real Estate Services Administration Building, Suite 212 3301 East Tamiami Trail 330 I East Tamiami Trai I Administration Building Naples, Florida 34112 Naples, Florida 34112 cc: Office of the 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 beyond 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 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. ARTICLE 17. 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 inculTed 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 18. 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 19. 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 im(Jrovements made hy 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 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. 3 --,.,"'~ -,._._--"-_.._-----_.~_._. ARTICLE 21. Governing 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: -- DA TE02. /J. () ~ 'fJ' c.,. .. ..'" A TE~lf\:\\' c )~,~,) . '. .'. , BOARD OF COUNTY COMMISSIONERS T .. . " ""'} ",,'.., DWIGHT E. BROCK;'Clerk .. . COLLIER COUNTY, FLORIDA (~'''. .. c) BY ~W. ~ ....... ~j - FRED W. COYLE, Chairman AS TO LESSEE: DATED: &.:;lq (.,~ 5 g'A/, /1-/1 '.. I ! BY: "l to ~1. '-. (", J'" ,- WITNESS (signature) MIKE DAVIS, STATE REPRESENT A TIVE r. I {'II'I ....',\ ,. t...r.< {t .... . ',1- t' (A, . (print name) ~JtJ? . {t I/I'" I WITNESS (signature) ~ . <3 t412A-'1 If. J..-;V#I J (print name) Approved as to form and legal sufficiency: 9-k- 1ftM~r - Assistant County Attorney 4 ~_.,.,"~-,.,.".".__. ...,^_, "'_'~~'_"""'___"'_~_"O'~~~~~'_'__."____"""_~'_'~"~ . .__.._,_.....,__~_..___