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Agenda 12/16/2008 Item #16E14 Agenda Item No. 16E14 December 16, 2008 Page 1 of 8 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Representative Matt Hudson for use of County-owned office space for an initial two year term at a total revenue of $20. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to accept and execute a Resolution and Lease Agreement for State Representative Matt Hudson 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, State Representative Matt Hudson has requested utilization of office space contained in Suite 212 within the Administration Building at the main Government Center. The office contains approximately 837 square feet. The attached Lease Agreement reflects State Representative Matt Hudson's electoral term of two (2) years beginning November 5,2008 to November 4,2010, The Lease includes a renewal option for additional two-year terms pending the Representative's re-election. The annual rental amount of $10 will be paid in advance. The County is responsible for all utilities, janitorial service, and local telephone service to the leased space, Representative Hudson will be responsible for all long-distance telephone charges. _. As required by Florida Statute 125.38, a Resolution declaring that Suite 212 is not required for County use and available for lease to Representative Hudson is attached. FISCAL IMPACT: The annual rental fee of $10 will be paid in full for the two years, in advance, 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. - JAB RECOMMENDATION: That the Board of County Commissioners accepts and approves the Resolution and Lease Agreement with State Representative Matt Hudson and authorizes its Chairman to execute the attached Lease Agreement and Resolution. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department -- -^''''''''~--''~1'-~--'-- Page I of 1 Agenda Item No. 16E14 December 16. 2008 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E14 Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Representative Matt Hudson for use of County~owned office space for an initial two year term at a total revenue of $20. Meeting Date: 12/16/2008900:00 AM Prepared By Michael H. DO'....Ung P;opeity Management Specialist Date Administrative Services Facilities Management 12/1/200812:46:44 PM Approved By Skip Camp, C.F.M. Facilities Management Director Facilities Management Date Administrative Services 12/1/20082:47 PM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 12/3/20087:28 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 1214/200811:30 AM Approved By OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12/4/20082:15 PM Approved By Jeff Klatzkow Assistant County Attorney County Attorney Office Date County Attorney 12/5/20082:37 PM A pproved By Laura Davisson Management & Budget Analyst Office of Management & Budget Date County Manager's Office 12/5120084:30 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/6/2008 11:44 AM file://C:\AQendaTest\Export\ II 8-December%20 16.%202008\ 16.%20CONSENT%20AGE... 12/1 0/2008 l\g'2nda !~sm i'>!o. '3E 14 Dec:ernber 16. 2008 Page 3 of 8 RESOLUTION No. 2008 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOIUDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY A.'iD STATE REPRESENTATIVE MATT HUDSON FOR LTILlZA TIO:'\' OF OFFICE SPACE WITHI:'\' THE ADMINISTRATIO:'i BIIILDlNG. \VHEREAS, State Representative Matt Hudson ('Representative') desires to lease an office space on the second floor of the Administration Building, Suite 212, ov.rned by Collier County, a political subdivision of the State of Florida ('"Collier County"), in order to operate a State government office. WHEREAS, the Lease Agreement provides for an initial two (2) year tenn which reflects the Representative's election term. The Lease provides for automatic two (2) year renewal terms, pending the Representative's re-election to tills office, The rent shall be Ten Dollars annually throughout the life of the Lease. \VHEREAS, the Board of County Commissioners is satisfied that this property is required for the Representative's use and is not needed ftlr County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COLJ:\TY COMMISSIONERS OF COLLIER COUNTY, FLORJDA, that: 1, The Board of County Commissioners docs approve the attached Lease Agreement between Collier County and State Representative Matt Hudson. 2. TIle Chairman of the Board of County Commissioners of Collier County, Florida. is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this __ day or after motion, second and majonty vote, 2008 A TrEST: lJWIGlIT E, BROCK, Clerk HOARD OF COLJNTY COM\1ISSI0NERS COLLIER COUNTY, FLORIDA BY:__~ Deputy Clerk BY, TOM HENKING Approved as to fonn (lnd legal sufficiency: ~OR~~ Jcnni er A. ilelpcdlO, SSlstant County Attorney -, Agenda Item No. 16E14 Lease # ~cernber 16, 2008 Page 4 of 8 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this _ day of . 2008, between State Representative Matt Hudson, whose mailing address is Suite 212, 3301 East Tarniami Tmil, 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 34] 12, hereinafter referred to as "LESSOR." WITNESSETH 10 consideration ()f the mutual covenants contained hert:in, and other valuable consideration, the parties agree as follows: ARTICLE 1. 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 341 ]2, hereinafter ctllled the "Demised Premises," situated in the County of Collier and the State of Florida for the sole purpose of operating a governmen1 office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a tenn of two (2) )'cars, commencing on November 5, 2008 and ending November 4,2010. 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 renew same for automatic two (2) year terms, under the same tenns 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 nOlice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSOR and LESSEE rt=serVl: the right to terminate this Lease. with or without cause, by providing LESSEE ,""ith 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 J. Rent LESSEE hereby covenants and agree~ to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10,00) per annum. The annual rent shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In \.he cvent LESSEE elects to reneVl' this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term. ARTICLE 4. Other Exoenscs and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility chargr.:s, except for long distance telephone charges which are addressed below. Utility charges shall im.:lude, but shall not be limited to, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or stlppticd thereupon or in COllOcction with the Demised Premises. LESSOR shall bill, on a monthly basis, LESSEE for all long distance calls. LESSEE c.ovenants to pay LESSOR for monthly telephone long distance charges, within thirty (30) days ofreceipt of invoice. in 1.awfu] 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 Dc_mised Premises Prior to making any changes, alterations, additions or improvemellls to the Demised Premises, LESSEE \'I"ill provide 10 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 exlent of the desired alteration, improvement. change, or addition, along with the contemplated starting and completion lime fur such project. LESSOR or its designee \"\'llIlhen have sixty (60) days VI,'lthin whic,h to approve or deny in writing said fI.'quest for changes, improvements, allerations or addition~. ,Aoenda item t-Jo. 16E 14 LESSOR shall not unreasonably \vithhold its consent to required or appropriate altcr~ember '16. 2008 improvements, changes or additions praposcd by LESSEE. If aftcr sixty (60) days there has been no Page 5 of 8 response from LESSOR or its designee to said proposals or plans, then such sih:nce shall be deemed as a denial 10 such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or aheration of any authorized modifications, additions or improvements to the Demised Premises. to observe and comply with alllhen and future applicable laws, ordinances, rules, regulations, and requirements of the- United States of America, State of Florida, County ofeollier, and any and all governmental agencies. All alteriltions, improvements and additions to said Demis~d Premises shall at once, when made or installed. be deemed as attached to the freehold and to have become propert)' of) ,ESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, jf LESSOR so directs, LESSEE shall promptly remo....e the additions, improvements, alterations, fixtures and installations which \'i'ere placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned 10 the Demised Premises by such removal; and in default thereof, LESSOR may complete said remo....als and repairs at LFSSU..'S expen<;e LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupir:d for any purpose contrary to law or the rules or regulations of any public authority. ARTICLE 6. Access 10 Demised Premis~ LESSOR, its duly authorized agents, representati"t$ and employees, shaH have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or an)' part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for thc purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7, 0..:'>S]!!Tlment and Subletti~g LESSEE covenants and agrr:es not 10 aSSign this Lr:ase or to sublet the \vhole or an)' part of the DClIlisr:d Premise'S, or 10 permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, ;:;hall not n:lieve LESSEE from liability for payment of renl or other sums herein provided or from the obligation to keep and be bound by the tenns, conditions and covenants of this Lease, The acceptance of rent from an)' other p~rson shull not be deemed 10 be a waiver of any of the provisions of this I.ease or 10 be a consent to the assignment of this Lease or subletting of the Dt:rnised Premises. ARTICLE 8. Jndemnitv LESSEE, in consideration ofTen !Jollars ($10,00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hoid hannless LESSOR, its agents and employees from and agam5t any and all liability (statutory or othcm'i.st:), damages. claims, suits. demands. judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injuf)' to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises. (B) any work or thing whatsoever done, or any wnditions created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, te) allY conditions of the Demised Premises dlle 10 or resulting from any dc:fault by LESSEE in the performance of LESSEE'S obligations under this Lea~e, or (D) any acl, omission or negligence of LESSEE or its agems, contractors, employees, subtenants, licensee or invitees. In case any a.::tion or proceeding is brought against LESSOR by reasons of anyone or more thereof, LESSEE shall pay all I.:OSt5, attorneys' fees, expenses and liabilities rl'sulting ther.efrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel r~a.'jollably satisfactory 10 LESSOR. The LESSOR shall not be liable lor any injury or damage 10 person or property caused by lhe elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place. or for any interference caused b)' operations by or for a governmental authority in construction or an)" pubiic or quasi-public \....iJrks. [he LESSOR shall not be liable for any damages 10 or loss of, including luss due to pdt)' theft, any property, oc.curring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except \'.,hcre such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. 2 LESSEE shall provide and maintain general liability and property liahility insurance policy(ies) pursuant Lo the provision of the Florida IIlSourance Risk Management Trust Fund and pursuant to the provisions of Sectiun 768.28, Florida Statutes, during the tenn of this Agreement. In addition, LESSEE shalll'rovide and maintain Worker's Compensation Insurance covering all employees meeting Statu lory Limits in compliance with the applicahle state and federal laws. Thc coverage shall include Employer's Liability with a minimum limit afOne Humln.:d Thousand Dollars and };'o!lOO Cents ($1 00,000,00) each accident. .Agenda Item No. 16 Decernber 16, 2 Page 6 '4 08 f 8 ARTICLE 9. In~urancc Evidence of such insurance shall be provided to the Col]ier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naplc:s, Florida, 341 ]2, for approval prior to the commenccmenr of this Lease Agreement; and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or l;hanges in policy{ies) coverage. The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior wrinen notice (0 LESSOR. LESSEE shall ensure that LESSEE'S insunmce provider will be responsible for notifying the LESSOR directly of any changes related to insurance coverage. LESSEE shall also ensure that the insurance coverage provided in accordance with this agreement shall require that the company or companies writing such insurance policy(ies) shall provide to LESSOR wrinen notice of cancellation thit1y (30) days prior to the proposed cancellation. LESSOR reserves Ihe right to reasonably amend the insunmcc requirements by issuance of notice in writing to LESSEE, whereupon receipt of sllch notice Lessee shaH have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintcmmce LESSEE shall keep the Demised Premises clean at all times ARTICLE]]. DoralliLb.YLJOS.~EE Failure of LESSEE 10 comply with any provision or covenant of this Lease shall constitute a defuult and LESSOR may, at its option. tel1'llinate this Ltase after providing written notice to LESSEE, as specified in Article :2 of this Lt:a~c, unless the default be cured ....'lthin the notice period (or such additional time as is reasonably fe(juircd to correct such default). ARTICLE 12. J!~faul.t bv LESSOR LESSOR shall in no event be charged with default in the perfonnanec of any of its obligatiuns hereunder unless and until LESSOR shall have failed to perfonn such obligations within thirty (30) days (or such additional time us is reasonably required to correct such default) after notice to LESSOR by J rSSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 13. NQticcs Any notice which LESSOR or I.ESSEE may be required to give to the other part)" shall bc in '\-witing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners c/o Real Properly Man~gt:ll1ent Building .v.,." 33U] East ']'amiami Trail Naples, Florida 34112 State Representative Matt Hudson Administration I3uilding, Suite 2] 2 3301 East Tamiami Trail Naples. Flnrida 34112 ce: Office of the County Attorney Facilities M!Jnagement Department Director ARTICLE 14. Sun-cnder Q[Prcmiscs LESSEE:: shnll deliver up and surrender to LESSOR pussessbn of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, hroorn clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or lTIay have been put by LESSOR or LESSEE during the continuance thereoL ordinary wear and tear and damage by fire or the element;; beyond] .ESSEL'S control excepted. 3 T :CI,genca item No. 16 14 ARTICLE \5. Cien~ral PrQyisi_Qilli December 16, 2 )08 Page 7 tf 8 LESSEE expressly agrees for itself. its succes~or and assigns, to refrain from any use of the Dcmi~(,;d Premises which would interfere ,\-"ith or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (<1) 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 remal oflile Demised Premises where applj!.:ahle under law. (\:) LESSEE agrees 10 pa} all intangible personal property [axes that may be imposed due to the creation, by Ibis Lease, of a leaseholJ interest in the Demised Premises or LESSEE'S possession of said h.:aschold interest in the Dem ised Premises. ARTICLE 16. Enyironmenwl ConcerJ15 LESSEE represerm. warrants and agrees to indemnify. reimburse. defend and hold harmless LESSOR. from and against all costs (im:luding anomeys fees) asserted against, imposed OTl or incurred by LESSOR direct!)' or indirectly pursuant to or in conneclion with the application of any federal, state, local or common law relating to pollution or protection oflhe enviroTlment ARTICLE 17, Radon Gas In compliance with Section 404,056, Florida Stalllt('s, all parties are hereby made aware of the fJJlowillg: Radon is a uatural1y occurring radioactive gas that, \"...heo il has accumulated in a building in sufficient qUllntilics. may present health risks to persons who arc (.'xposed to it over time. Levels of radon that exceed federal and statl.: guidelines have be:en found in buildings in Florida. Additional informatiun regarding rudon and radon testing may be obtained from )-'our County Public Health Department ARTICLE 18.I;;-,;:lcnt of1--(ens An p~r5()ns to whom these pr(.'~cms ma~ come arc pUI upon notice of the fact that the joltercst of the LESSOR in the Demist:d Prcmi.~es shall not be subject to liens for improvements made by the LESSEE. and liem for improvements made by [h(.' LESSEE are specifically prohibited from attaching to or becoming a lien fln the intcrcst of the LESSOR in the Demised Premises or any part of either. This nolll.:!: is giv,,"'1l pursuant to the provision.> orand in compliance \vilh Sr.:ctioTl 713.10. Florida Statutes. ARTICLE 19. EJlective Dale This Lease shall become dTectivc upon execution by both LESSOR and LESSEE ARTICLE 2(L Ciove_rrtinf! LClW rhis I.case sball be go\'erned and construed in accordance with the lavI's of the State of Florida. l'i WITNESS v..'HEREOF. the parties hereto have hereunder set forth their hands and seals. AS TO rHE LESSOR: DAIED ATlI,ST: L>WIGHT F. 8ROCK. Clerk BOARD OF COUNTY COMMISSI()~ERS COIJ.JFR COl,'N'/"Y. FLORIDA . Deputy Clerk BY: TO\1 I1ENNING, Chairman 'I AS TO I.ESSEE: DATED~ WITNESS (signature) (print name) WITNESS (signature) (print name) Approvl:d as to forlll and legal sufficiency: --"-'''-''-'- Jennifer A. Belpedio, Assistant County Attorney ~ .i\genda Item No. 16E14 December 16, 2008 Page 8 of 8 BY: STATE REPRESENTATIVE MATT HUDSON 5 .'_. '"'..------.---...-