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Agenda 04/09/2019 Item #16C204/09/2019 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and to approve a Lease Agreement with State Representative Ana Maria Rodriguez, District 105, for use of County -owned office space at the Golden Gate Customer Service Center in Golden Gate City. OBJECTIVE: To obtain approval from the Board to adopt a Resolution and to approve a Lease Agreement (Lease) for State Representative Ana Maria Rodriguez to utilize County-owned office space within the Golden Gate Customer Service Center in Golden Gate City. CONSIDERATIONS: In order to have a local presence in the community, State Representative Ana Maria Rodriguez (Representative) has requested utilization of office space contained within the Golden Gate Customer Service Center in Golden Gate City, Suite 123. This office is the district office for Commissioner Burt Saunders and, when needed, the Commissioner will provide advance notice to the Representative’s office. The attached Lease provides for a one-year term commencing on November 6, 2018 and expiring on November 5, 2019. The Lease includes annual renewals pending the Representative’s re -election. The annual rental amount is Ten Dollars. The County is responsible for all utilities, janitorial service, and local telephone service to the leased space. The Representative will be responsible for all long-distance telephone charges. As required by Florida Statute 125.38, a Resolution, which is attached, declares that Suite 123 is not required for County use and available for lease to the Representative. FISCAL IMPACT: The annual rental fee of $10 will be paid in full and shall be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires majority vote for Board action. - JAB RECOMMENDATION: That the Board of County Commissioners adopts the Resolution and approves the Lease with State Representative Rodriguez and authorizes its Chairman to execute the attached Le ase and Resolution. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Rodriguez Lease 2019 (PDF) 2. Resolution Rodriguez (PDF) 16.C.2 Packet Pg. 772 04/09/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doc ID: 8239 Item Summary: Recommendation to adopt a Resolution and to approve a Lease Agreement with State Representative Ana Maria Rodriguez, District 105, for use of County-owned office space at the Golden Gate Customer Service Center in Golden Gate City. Meeting Date: 04/09/2019 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 03/04/2019 3:55 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 03/04/2019 3:55 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 03/04/2019 4:52 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/11/2019 5:24 PM Facilities Management Damon Grant Director - Facilities Completed 03/12/2019 11:56 AM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 03/19/2019 2:25 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/19/2019 3:25 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/20/2019 10:04 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/20/2019 11:57 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/20/2019 1:38 PM Budget and Management Office Ed Finn Additional Reviewer Completed 03/30/2019 1:48 PM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 04/01/2019 10:56 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM 16.C.2 Packet Pg. 773 Lease # BCC - THIS LEASE AGREEMENT entered into this 266 day of March, 2019, Maria Rodriguez, whose mailing address is 4715 Golden Gate parkway, Florida 34116, hereinafter referred to as 'LESSEE,' and COLLIER CO subdivision of the State of Florid4 whose mailing address is in care of Management, 3335 East Tamiami Trail, Suite l0l, Naples, Florida34llZ, as "LESSOR". WITNESSETH In consideration of the mutual covenants consideration, the parties agree as follows: contained hereiq and ARTICLE I.Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESS( which is located at the Golden Gate Customer Service Center, 4715 Golden Gt Naples, Florida 34116, hereinafter referred to as the "Demised Premises", situated i of Collier and the State of Florida, for the sole purpose of operating a State offict 105. LESSEE shall have use of the fumishings and telephone(s) contained within th! may be required to utilize the Demised Premises on an as-needed basis for "o6111,'nity membenl, and whereby the Commissioner will contact the LESS advance, and provide as much notice as possible, to utilize the Demised Premises. LESSOR reserves the right to terminate this kase, with or without cause, LESSEE with thirty (30) days written notice to the address set forth in Article 14 Said notice shall be effective upon placement of the notice in an official depository States Post Officc, Rcgistercd or Ccrtificd Mail, Postage Prepaid. Ana S ul te 123,Naples, political Property valuable bn srrit" tz: [te Parkway, b the County E for District 1offi"". 'S office in a LESSEE acknowledges that Collier Cormty Commissioner Burt Saunders (ner) ARTICLE 2. Term oflease LESSEE shall have and hold the Demised Premises for a term of commencing on November 6, 2018, and ending November 5,2019, hereinafter 'Lease Term.' LESSEE shall have the option to r€new this lease annually, under the sar{" t"r., ara conditions provided herein, pending the LESSEE'S reelection to this oftice, and flrovided it is not in default of any of the terms of this [,ease, with prior written approval toFn LESSOR. LESSEE shall provide LESSOR with written notice of LESSEE'S intention to ren(* rhis [,€ase within three days of reelection to office. Said notice shall be effective upon rec{ipt of notice Prepaid, or by electronic mpil addressed to the leasing agent wirhin the Collier Corlnty Facilities Management, Real Property Management Division. py providing {rus rease. pf the United l @ LEASE AGREEMENT referred to ot] with I ohe (l) year, rbferred to as I 16.C.2.a Packet Pg. 774 Attachment: Rodriguez Lease 2019 (8239 : State Representative Ana Maria Rodriguez Lease Agreement and Resolution) ARTICLE3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised the sum of Ten Dollars and 00/100 Cents ($10.00) per annum. The rent for the initial Lease shall be paid in full within thirty (30) days following the execution of this Lease by LESSO ln the event LESSEE is graDted a rene*al(s) to this lrase, as provided for in , r€nt sated above shall rcmain ths same for the ensuing renewal term(s), and shal January I for each year of the renewal term(s). lA,rticle 2, the ll be paid by Demfsed Premises, as State of Frty of LESSOR. thirty (30) days f , improvements, fsed Premises by removal; and in Dnse. LESSOR shall pay all costs associated with the Demised Premises includin{, but not limited to, janitodal services and utility charges including, electricity, heat, air conditioningl water and sewer services used, rendered or supplied thereupon or in connection with the Demisof Premises. The ARTICLE 4. Other Expenses and Charses LESSOR shall provide telephone(s), however, the LESSEE is responsible for all local and long-distance use.farges related to ARTICLE 5. Modifications to Demised Premises LESSOR may make reasonable changes, improvements or repairs at the requested by LESSEE, and shall be ofno cost to LESSEE. Those changes, alterations, additions or improvements to the Demised Premi[es, not made by LESSOR shall require the LESSEE to provide LESSOR all proposals and planf for alterations, improvemerts, changes or additions to the Demised Premises for LESSOR'S ri'titten approval, speciling in writing the nahue and extent of the desired alteration, improvedren! change, or addition, along with the contemplated starting and completion time for such proj LESSOR or its said request for ly withhold its desigree will then have sixty (60) days wirhin which to approve or deny in wri changes, improvements, alterations or additions. LESSOR shall not consent to required or appropriate alterations, improvements, changes or addi proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or designee to said proposals or plans, tJren such silence shall be deemed as a denial to such request to SSEE. work, erection, consfuction, improvement, addition or alteration of any authorized modifi additions or improvements to the Demised Premises, to obs€rve and comply with all then and applicable made or installed, be deemed as attached to the freehold and to have become propt Prior to the termination of this kase or any renewal term thertoe or within thereafter, if LESSOR so directs, LESSEE shall promptly remove the additioni alterations, fixtures and installations which were placed in, on, or upon the Dem] LESSEE, and repair any damage occasioned to the Demised Premises by such] default thereof, LESSOR may complcte said removals and repairs at LESSEE'S expi All alterations, improvements and additions to said Dernised Premises sh4l at once, when @ laws, ordinances, rules, regulations, and requtements of the United States of Florida County of Collier, and any and all governrnental agencies. LESSEE covenants and agrees in connection with any maintenance, 2 16.C.2.a Packet Pg. 775 Attachment: Rodriguez Lease 2019 (8239 : State Representative Ana Maria Rodriguez Lease Agreement and Resolution) LESSEE covenants and agrees not to use, occupy, suffer or permit said sed Premises or any part thereof to be used or occupied for any purpose contmry to law or the rules any public authority. regulations of ARflCLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any art thereof at all reasonable hows lor the purpose of examining the same and making repairs or servrces lherein, and for the purposes of inspection for compliance with the provi of this Lease Agreement. ARTICLE 7. Assisnment and Sublettins ARTICLE 8. Indemnity and Insurance The LESSEE is covered by protection ofthe Federal Tort Claim Act. ARTICLE 9. Maintenance LESSEE shall keep the Demised Premises clcan at all times. ARTICLE 10. Default bv LESSEE I-ESSEE covenants and agrees not to assign this lrase or to sublet the whole $r any part of the Demised Premises, or to p€rmit any other persons to occupy same without the wfitten consenl of LESSOR. Failure ofLESSEE to comply with any provision or covenant of this Lease s(att constitute a default, and LESSOR may, at its option, terminate this Lease after providing wriften notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured witdin the notice period (or such additional time as is reasonably required to conect such default). ARTICLE 1 1. Default bv LESSOR LESSOR shall in no event & charged with default in the perfomrance ff any of its obligations hereunder unless and until LESSOR shall have failed to perform sudr obligations within thirty (30) days (or such additional time as is reasonably required to correct sucb default) after notice to LESSOR by LESSEE properly specifuing wherein LESSOR bas failfd to ferform any such obligations. 3 @ 16.C.2.a Packet Pg. 776 Attachment: Rodriguez Lease 2019 (8239 : State Representative Ana Maria Rodriguez Lease Agreement and Resolution) Any notice which LESSOR or LESSEE rnay be required to give to the other in writing to the other party at the following addresses: fartr snat Ue and in as this l-ease or thd rental ofthe fade aware of in a building it over time. in Florida. LESSOR: Board of County Commissioners c/o Real Property Managernent. 3335 Fast Tarniami TBil, Suite l0l Naples, Florida 341 12 LESSEE: Ana Maria Rodriguez 4715 Golden Gate Parkway, Suite 12 Naples, Florida 34116 1 i cc Office of the County Attomey Facilities Management Division Director LESSEE shall deliver up and surrender to LESSOR possession of the the termination of this l*ase, or its earlier termination as herein provided, broom good condition and repair as the same shall be at the cormencement of the term may have been put by LESSOR or LESSEE during the continuance thereof, tear and damage by fire or the elements beyond LESSEE S control excepted. (c) ARTICLE 15. Radon Gas In compliance with Section 404.056, Florida Staturcs, all parties are hercby the following: Radon is a naturally occurring radioactive gas that, when it has accum in suffrcient quantities, may present health risks to persons who are exposed to Levels of radon that exceed federal and state guidelines have been found in Additional informafion regarding radon and radon testing may be obtained Public Health Departrnent. ARTICLE 14. General Provisions LESSEE exprcssly agrees for itself, its successor and assigns, to refrain from dny use ofthe Demised Premises which would inrcrfere with or adversely affect the operation orr maintenance ofLESSOR'S sandard operations where other operations share common facilities. (a) Rights not specifica[y granted the LESSEE by this trase are hereby re{erved to theLESSOR. i i LESSEE agre€s to pay all intangible penonal propefty ta(es that may be ir{posed due to the creation, by this kase, of a leasehold interest in the Demised Premises pr LESSEE'S possession ofsaid leasehold interest in the Demised Premises. 4 your County @ ARTICLE 12. Notices ARTICLE 13. Surrender of Premises Premises at O) If applicable to this Lease, LESSEE agrees to pay all sales tax imposed on Demised Premises where required under law. wear and 16.C.2.a Packet Pg. 777 Attachment: Rodriguez Lease 2019 (8239 : State Representative Ana Maria Rodriguez Lease Agreement and Resolution) 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 made by the LESSEE, and liens for improvements made by the LESSEE specifically prohibited from attaching to or becoming a lien on the interest ofthe LESSOR in the Demised This Lease shall become effective upon execution by both LESSOR and LES ARTICLE 18. Holdover Any holding over by the LESSEE after the expiration of this Lease shall be by the parties as a terurncy at will, only with written acknowledgment by the LESS event, the LESSEE will be a month-to-monti tenant, and LESSEE shall continue & in which the Demised Premises upon the same terms and conditions of this Lease, until such tine that an Amendment to the Lease or a new l,ease can be entered into by the parties. ARTICLE 19. Govemine I^aw This lrase shall be govemed and construed in accordance with the laws o the State of Floricla IN WTINESS WHEREOF, the parties hereto have hereunder set forth hands and seals AS TO LESSEE: BY: WTINESS (signature)ANA MARIA RODRIGUEZ (print name) WITNESS (signature) (print name) LESSOR'S sipature appears on the following page. @ ARTICLE 16. Extent ofliens Premises or any part of either. This notice is given pusuant to the compliance with Section 713.10, Florida Statutes. ARTICLE 17. Effective Date of and in DATED:- 5 16.C.2.a Packet Pg. 778 Attachment: Rodriguez Lease 2019 (8239 : State Representative Ana Maria Rodriguez Lease Agreement and Resolution) AS TO THE LESSOR: DATED: ATTEST: CRYSTAL K. KINZEL, Clerk BOARD OF CO[JNTY COMMISSI COLLIER COUNTY, FLORIDA BY; William L. McDaniel, Jr.,Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attomey \q.tOar\ 6 (rvens @ 16.C.2.a Packet Pg. 779 Attachment: Rodriguez Lease 2019 (8239 : State Representative Ana Maria Rodriguez Lease Agreement and Resolution) 16.C.2.bPacket Pg. 780Attachment: Resolution Rodriguez (8239 : State Representative Ana Maria Rodriguez Lease Agreement and Resolution)