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Agenda 12/16/2008 Item #16E15 Agenda Item No. 16E15 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 David Rivera 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 David Rivera 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 David Rivera has requested utilization of office space contained in Suite 305 within the Administration Building at the main Government Center. The office contains approximately 306 square feet. The attached Lease Agreement reflects State Representative David Rivera's electoral term of two (2) years beginning November 4, 2008 to November 3, 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 Rivera will be responsible for all long- distance telephone charges. As required by Florida Statute 125.38, a Resolution declaring that Suite 305 is not required for County use and available for lease to Representative Rivera 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 David Rivera 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 .'- "._.c"".,.._,.,,,... Page 1 of 1 Agenda Item No. 16E 15 December 16, 2008 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16E15 Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Representative David Rivera for use of County~owned office space for an initial two year term at a total revenue of $20. Meeting Date: 12/16/200890000 AM Prepared By Michael H. Dowling Property Management Specialist ...-..- I..IcHt: Administrative Services Facilities Management 12/1/200812:53:38 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 12/3/2008 11 :24 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 12/4/200811:45 AM Approved BJ OMS Coordinator Applications Analyst Date Administrative Services Information Technology 12/4/20082:16 PM Approved By Jeff Klatzkow Assistant County Attorney County Attorney Office Date County Attorney 12/5/20082:38 PM Approved By Laura Davisson Management & Budget Analyst Office of Management & Budget Date County Manager's Office 12/5/20084:41 PM Approved 8y James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12/612008 11 :46 AM file://C:\AgendaTest\Export\ 118-December%20 16,%202008\ 16. %20CONSENT%20AGL. 12/10/2008 /\c::~;nda 11em r~o_ 16E 15 ~ December 16, 2008 Page 3 of 8 RESOLUTION No. 2008 - RESOLUTION OF THE BOARD OF COU:'I'TY COMMISSIONERS. COLLIER COUl'iTY. FLORIDA, APPROVI:'I'G A LEASE AGREEMEl'iT BETWEEN COLLIER COUNTY AND STATE REPRESENTATIVE DAVID RIVERA FOR t:TILIZATION OF OffiCE SPACE WITHIN THE ADMINISTRATION BUILDI:'I'G. WHEREAS, SUl.tc Representative David Rivera ('Representative') desires to lease an office space on the third noor of the Administration Building, Suite 305, oV\.l1ed by Collier County, a political subdivision of th(;: Slate of Florida ("Collier County"), in order to operate a State govcnuncnt office. WHEREAS, the Lease Agreement provides for an initial two (2) year term whi"h reflects the Representative's election term. The Lease proviul;.':s for automatic two (2) year rene\val terms, pending the Representative's re-election to this office. fhc rent shall be Ten Dollars annually throughout the life of the Lease. WHEREAS, the Hoard of County Commissioners is satisfied that this property is required for the Repre5entativc's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY TilE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: 1. The Board of County Commissioners does approve the attached I,case Agreement between Collier County and State Representative David Rivera. 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, (.by or , 2008 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMM1SSIO!\'ERS COLLIER COL!'.;TY, FI.ORIDA BY: Deputy Clerk BY: TOM HENNING Approved as to form and legal sufikiency: })() R Q &UAv-' . m____ Jennifer A. Belpedi . Assistant County Attorney Agenda Item No. 16E 15 Lease # . December 16, 2008 Page 4 of 8 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this _ day of , 2008, betw""n State Representative David Rivera, whose mailing address is Suite 305, 330 I East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COl.JNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR." WITN ESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. 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 305, 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter called the "Demised Premises," situated in th~ Cuunty of Collier and the State of Florida, for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on November 4, 2008 and ending 1\ovember 3, 2010. LESSEE is granted the option, provided LESSEE is re-elected to lhe same office, and is not in default of an)' of the terms of this Lease, to renew same for automatic two (2) year terms, under the same terms and conditions as provided herein. by giving "'Tinen notice of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior lo the ex.piration 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 Certilied Mail, Postage Prepaid. LESSOR and LESSEE reserve t.'"Je right to tc:nninate this Lease, l,.vith or wilhout cause, by providing LESSEE with thir1)1 (30) days wrinen notice to the address set forth in AMicle 14 of this Lease. Said notice shall be effective upon placement of the notice in an official dl:'poslloI'} of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. fu;!l! LESSEE hereby covenant~ and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 001100 Cents ($10.00) per annum. The annual rent shall be paid in full thirty (30) days rollowing the execution ofmis Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent staled above shall remain the same for the ensuing renewal tem ARTICLE 4. Other Exoenses and Charees LESSOR shall pay all 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, electricity, light, heat, air conditioning, power, water, and sewer servic~s used, rcnd~rcd or supplied thereupon or in connection with the Demised Premises. LESSOR shall bill, on n monthly basis, LESSEE for all long distance calls.. LESSEE covenants to pay LESSOR for monthly telephone long distance charges, within thirty (30) days of receipt of invoice, in lawful money ortlle 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. Moditications to Demised Premi~es Prior lo rmlking any changes. alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changt;s 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 \\lith the c.ontemplated starting and compiction time for such project. LESSOR or its designee wiii then have sixty {60) days within which to approve or deny in \vriting said reque~t for changes., improvements, alterations or additions. .6.genda item No. J6E 15 LESSOR shall not Iln~easonably withhold its consent 10 required or appropriate altera~mber 16, 2008 improvements, changes or additions proposed by LESSEE, If after sixty (60) days there has been no Page 5 of 8 response from LESSOR or its designee to said proposals or plans, then such silence shall be de~med as a denial to such request to LeSSEE, LESSEE covenanls and agrees In connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvl.'mcnts to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, rcguiations, and requirements of the United States of America, St:.!te of Florida, Count)' of Collier, and any and all governmental agenci!:s, AI] 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 pruperty 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 remuve 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 cump]ete 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 thereuf to be used or occupied for any purpose contrary to h~w or the rules or regulations of any public authority. AR T1CLE 6. Access to Demised Premi:;es LESSOR, its duly authoril'.t:d agents, representatives and employees, shall have the right after reasunable notice to LESSEE. to enter into and upon the Demised Premises or any part thereof at all reason<'lbk hours for the purpose of examining the same and making repairs or pfO'viding services therein, and for the purposes of inspection for compl lance with the provisions of this Lease Agreement ARTICLE 7. Assil?Jlment and Subletti!!8 LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Dcml.~ed Premises, or to permit any other persons 10 occupy same without the written consent of LESSOR. Any such assignment or subletting. even with the consent of lESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting oftne Demised Premises, AKI'lCLE 8. Indemnity LESSEE, in consideration ofTen Dollars ($10,00), the receipt and sufficiency ofwbich is hereby acknowledged, shall indemnify, defend and hold barmb::ss LESSOR, ils agents and employees from and against any <lnd aIlliabilily (statutory or othen.vise), 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 injury to, or death of, any person or persons or damage to property (including loss of use thereot) related to (1\) LESSEE'S use oftbe Demised l'remises, (B) any work or thing \vhiltso~"cr done, or any conditions created (other than b) LESSOR, its employt;:cs, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any conditions of tht;: Demised Premises due to or resulting from any default by LESSEE in the perfl1rmance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligem;L" of LESSEE or its agents, contractors, employees, subtenants, licensee or invitees. In case an)' action or proceeding is brought against LESSOR by reasons of anyone or more thereof, LESSEE shall pay all costs, atluml'Ys' fees, expl.:nses and liabilities resulting tht:refrom and sha1/ ddl:nd such action Of proceeding ifLFSSOR shall so request, fit LESSEE'S expense, by counsel reasonably satisfactory to LESSOR, The l.ESSOR shall not be liable for any injury or damage to person or prope(1) caused by the elements or by other persons in thc Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operaLions by or for a governmental authorily in construction of any public or qUlisi-pubi ic w~)rks, Tht' LESSOR shall not be li:.Jl':dt' for all)' da1t\3ges to or Joss :Jf, induding loss due 10 petty theft, any propcrt)', OCCUlTing on the Demised Premises or any part tllereoe and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damag.e or injury is the result of the gross neglil!encC' or willfu] misconduct of the 1.ESSOR or its empluycC's, 2 Agenda Item No. 16E15 December 16. 2008 Page 6 of 8 ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies) pursuant to the provision of the Florida Insurance Risk Management Trust Fund and pursuant to the provisions of Section 768.28, Florida Statutes, during the term of this Agreement. In addition. LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable stalt: and rcdcral laws. The coverage shall include Employer's Liability with a minimum limit or One Hundred Thousand Dollars and No!l 00 Cents ($100,000.00) each accident. Evidence of slIch insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naplcs, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk. Managcml.:ot Department in the cyent of cancellation or changes in policy(ies) coverage. TIle LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior written notice to LESSOR. LESSEE shall ensure that LESSEE'S insurance 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 ....,rlting such insurance policy(ies) shall provide to LESSOR wrinen notice of cancellation thirty (30) days prior to the proposed cancellation. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice Lessee shall have thirty (30) days in \'..-hich to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shaH keep the Demised Premis~s clean at all times. ARTICLE II. 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, terminate this Lease after 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 defauU). ARTICLE 12. Defaull bv 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 sueh 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. ARTICLE 13 Notices Any notice which LESSOR or LESSEE milY be required to give (0 tile olh~r p~rty shall be in writing to the other party at the follo","ing addresses: LESSOR: LESSEE: Board of County Commissioners cio Real Property Management Building. W' 3301 East Tamiami Trail Naples, Florida 34112 State Representative David Rivera Administration Building, Suitc 305 3301 Ea..t Tamiami Trail ~ilples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director ARTICLE 14. 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 h~rein 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 pUI by LESSOR or LESSEE during the continuance thereof, ordinary wcar and tear and damage b,y fire or the clements beyond LESSEE'S control excepted, 3 1-.-- ,A,genda item t..Jo. 16. 15 December 16, 2108 Page 7 f 8 LESSEE expressly :tgrccs for itself, it:>. successor and assigns, to refrain from allY 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. AR TlCLE 15, General Pro~::i~iolls (a) Rights not speciJic~l1y granted the LESSEE hy this Lease arc hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed Oil the rental of the Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may he 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 Premisl..:s. ARTICLE 16. Environm_emal Concerns LESSEE represents, warrants and agrees to indemnify, reimburse. defend and hold hannlcss LESSOR. from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in cOImection with the application of any federal, state, local or common Inw relating to pollution or protection of the environment AR T1CLE 17. Radon G~s In compliance v.'ith 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 [rom your County Public Health Department ARTICLl: 18. Extent of Liens All persons to whom thf;se presents may come are put upon notice o[ the fact that the interest of the LESSOR in the Demised Premises shall not be subject to 1icns for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in thc Demised Premises or an)' part c[ t:ithcL This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 19, Effective Da~~ This Lease shall bt:come tffel.;tive Up\lll c:..ccutioll by both LESSOR and LESSEE. ARTICLE 20. Governing L<l\': This Lease shull be governed and construed in accordance with the Jaws of the State of 1:lorida. IN WIl~SS v.rllrREOF, the panies hereto have hereunder set forth their hands and seals, AS TO TilE LESSOR: DATED: AT rEST: DWIGHT E. BROCK, Clerk HOARD Of COUNTY COMMrSSIOl-iERS COLLIER COWTY, FLORIDA GY: . Deputy Clerk TOM I-lENNING, Chairman 4 AS TO LESSEE: DATED: WITNESS (signature) (print name) WITNESS (signature) (print name) Approved as tu form and legal sufficiency: Jennifer A. Belpedio, Assistant County Attorney ~~ Agenda item No. 16E15 December 16, 2008 Page 8 of 8 BY: STATE REPRESENTATfVE DA vm RIVERA 5