Agenda 12/16/2008 Item #16E17
Agenda Item No. 16E17
December 16, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to adopt a Resolution
and approve a Lease Agreement with State Senator Garrett Richter for use of
County-owned office space for an initial four year term at a total revenue of $40.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) tD accept and
execute a Resolution and Lease Agreement for State Senator Garrett Richter 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 Senator Garrett
Richter is requesting to utilize office space contained in Suite 203 within the Administration Building
at the main Government Center. The office contains approximately 785 square feet.
The attached Lease Agreement reflects Senator Richter's electDral term of four (4) years beginning
November 4, 2008 to November 3, 2012. The Lease includes a renewal option for additional four-
year terms pending the Senator'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. Senator Richter will be responsible for all long-distance telephone charges.
As required by Florida Statute 125.38, a Resolution declaring that Suite 203 is not required for
County use and available for lease to Senator Richter is attached.
FISCAL IMPACT: The annual rental fee of $10 will be paid in full for the four (4) 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 fDr Board action. - JAB
RECOMMENDATION: That the Board of CDunty Commissioners accepts and apprDves the
Resolution and Lease Agreement with Senator Garrett Richter 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
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Page 1 of 1
Agenda Item No. 16E 17
December 16. 2008
Page 2 of7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E17
Recommendation for the Board of County Commissioners to adopt a Resolution and approve
a Lease Agreement with State Senator Garrett Richter for use of County-owned office space
for an Initial four year term at a total revenue of $40
Meeting Date:
12/16/2008900.00 AM
Prepared By
Michael H. Dcwi:ng
Administrative Services
Propeity Management Specialist
Date
Facilities Management
12/1/20081:18:01 PM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Facilities Management
Date
Administrative Services
12/1/20082:48 PM
Appro'\.'(~d By
Toni A. Mott
Real Property Supervisor
Date
Administrative Services
Facilities Management
12/3/2008 11 :25 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
12/4/200811:50 AM
Approved By
OMS Coordinator
Applications Analyst
Information Technology
Date
Administrative Services
12/4/20082:35 PM
Appmnd By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
COlll1ty A ttorney Office
12/5/20082:39 PM
Approved By
Laura Davisson
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
Date
12/5/2008 4:48 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
12/6/200811 :50 AM
file://C:\AgendaTest\Export\ 1 18-December%20 16.0;(,202008' 16.%20CONSENT%20AGE...
12/1 0/2008
!\qer-:::;a it-3m f'Jo. 16E i 7
~ December 16. 2008
;::Jage 3 or 7
RESOLUTION No. 2008 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORJI)A, APPROVING A LEASE AGREEME:'I'T
BETWEEN COLLIER COUNTY AND STATE SENATOR GARRETT
RICHTER FOR UTILIZATION OF OFFICE SPACE WITIIIN THE
AD'\tINISTRATlON BUILDING.
\\'HEREAS, State Senator Garrett Richter ('Senator') desires to lease an office space on
the second HOOT of the Administration Building, Suite 203, owned by Collier County, a political
subdivision of the State of Florida ("Collier County"). in order to uperate a State gavcnunent
office.
WHEREAS; the Lease Agreement provides for an initial four (4) year term which reflects
the Senator's election term. Tne Lease provides for automatic four (4) year renewal terms,
pending the Senator's re-election to this otlice. The rent shall be Ten 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, tnat:
I. Th~ BO<1JU or County Commissioners does approve the attached Le~l$e Agreement
benveen Collier County and S~nator Garrett Richter, State of Florida House of
Representatives.
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 majurity vote.
day of
. 2008
.'\ TTEST:
DWTGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COI,UER COUNTY, FLORIDA
BY:
Deputy Clerk
BY:
TOM HENNING
Approved as to fann and legal sufficiency:
~.rt " .,'.
Jennirer A. Belpedio, A!), ,. . nt County Attorney
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Lease #
Agenda Ilem No. 16E17
December 16. 2008
Page 4 of 7
.
LEASE AGREjj)\1ENT
THIS LEASE AGREEMENT entered into this ~ .__ day of , 2008, between Florida
State Senator Garrett Richter, whose mailing address is 3301 East Tamiami Trail, Suite 203, Naples,
Florida 34112, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 330] East Tamiami Trail, Naples, Florida 34112,
hereinafter referred to as "LESSORII,
W!TN E S Sf: TH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
ARTICLE L
Demised Premi!\e!\
LESSOR hereby lea!\es to LESSEE and LESSEE hereby leases from LESSOR the property located
at the Cullicf County Government Center, Administration Building, Suite 203, 330 I East Tamiami Trail,
Naples, Florida 341 J2, 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 tenn of four (4) years, commencing on
November 4, 2008 and ending November 3, 2012. 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 additionallcnns of four (4) years each, which shall reflect the LESSEE'S tcrm of office,
under the same tenns and conditions as providcd herein, b)1 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 leasehuld e!\tate
hereby created. Said notice shall be effective upon placement of the notice in an official depository of the
United States Post Office, Registered or Certificd Mail, Postage Pre-paid.
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
such 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 .....ithout cause, by providing LESSEE
with thirty (30) days written notice to the address set forth in Articlc 14 of this Lease. Said notiiJt: 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. .1S~'l!
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten
Dollars and 001100 Cents ($10.00) per annum. The rent for the initial Lease tenn shall be paid in full
thirty (30) days following thc 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 tcrm and shall be paid in full for the rene\val term
thereof and shall be paid ,,,ithin thirty (30) days for the commencement of the fcnewal teon.
ARTICLE 4.
Other Expenses aQd Charl2.es
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 l.:hargc5 which arc
addressed below. Utility charges shall include, but shall not be limited to, ane (1) cable television outlet,
electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied
thereupon or in connection ","ith the Oemised Premises.
LESSEE shall be billed by LESSOR, and LESSEE shall pay for all long distance charges, within
thirty (30) days of receipt of invoice, in lawful mone.y of the United States of America, at the address of
LESSOR set forth in this Lease or at such other plaee as LESSOR may designate
f\RTICLE 5.
Modifkations to Demised pn:miscs
p.,ganca item r\!o. 16E17
December 16. 2008
Page 5 of 7
Prior to making any changes, alterations, additions or improvements to thc Demised Premises,
LESSEE will provide to 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
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 frum LESSOR or its designee to said proposals or plans, then such silence sball be deemed as a
denial to such request to LESSEE.
LESSEE covmants and agrees m connection with any maintenance, repair ,..'ark, erection,
construct.ion, improvement, addition or alteration of any l'luthori7.ed modifications, additions or
improvements to the Demised Premises, to obsl;'rve and comply with all then and future applicable laws,
ordinances, rules, regulations. and requirements of the United States of America, State of rlorida, Count)'
of Collier. and any and all governmental agencies.
All allerations, improvements and additions to said Demised Premises shall at once, when made or
installed, be deemed as attached to the freehold and to have hecome propel1y of LESSOR. Prior to the
termination of this Lease or any rcnewal tenn thereot~ or within thirty (30) days thereafter, if LESSOR so
directs. LESSEE shall promptly remove the additions, improvements, alterations, fixtures and
installations which werc placed in, on, or upon the Demised Premises by LESSEE, and repair any
damage occasioned to the Demised Premises by such removal; ,md in dcfault thereof, LESSOR may
complete said removals and repairs at LESSEE'S expense.
LESSEE covenants and a~'Tees not to use, occupy, sutler or permit said Demised Premises or any
part thereof to be used or occupied for any purpose contralJ' to Jawor the rules or regulations of any
public authority.
ARTICLE 6.
Access 10 Demised Premises
LESSOR, its duly authorized agents, reprcscntath'es and employees, shall have the right after
reasonahle notice to LESSEE, to enter into and upon the Demised Premises or allY part thereof at all
reasonable hours for the purpose of examining the same and making repairs or providing scrvices therein,
and for the purposes of inspection for compliance with the provisions o[this Lease Agreement.
ARTICLE 7.
Assiflnrncnt and Subletting
LESSEE l:ovcnanfs and agrees not to assign this Lease or to sublet the whole or an)' part of the
Demised Premises. or 10 pcmit any other persons to occupy same without the written consent of
LESSOR.
ARTICLE 8.
Indemnitv arId Insuram:e
The LESSEE is covered by protection of I. he federal Tort Claim Act.
ARTICLE I] Maintenance
LESSEE shall keep the Demised Premises dean at all tim~s,
ARTICLE [2, Ddault bv LESS!;.!;:
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, and LESSOR may. at its option, tenninate this Lease after providing written notice lO LESSEE,
as specified in Article 2 of this Lease, unkss the derault be cured within the notice period (or such
additional time as is reasonahly required to correct such default).
ARTICLE 13. Def3u)t hv LESSOR
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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 10 correct such default) after notice 10 LESSOR by
LESSEE properly specWving wherein LESSOR has failed to perform any such obligations.
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ARTICLE 14, Notices
Agenda Item No. 16E 17
December 16, 2008
Page 6 of 7
Any notice which LESSOR Of LESSEE may
writing to the other party at the following addresses:
be required to give to the other party shall be in
LESSOR:
Board of County Commissioners
clo Real Estate Services
3301 East Tamiami Trail
Administration Building
'!'Japles, Florida 34\] 2
LESSEE:
Senator Garrett Richter
Administration Building, Suite 203
3301 East Tamiami Trail
Naples, Florida 341 ] 2
cc: Office of the County Attorney
Facilities Management Department Director
ARTICLE 15. Surrender ofPrcmiscs
LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premi.~es at the
lennination of this Lease, or its earlier tennination 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. Gell~r.~! Provisions
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or iidvt.::rscly affcct the operation or maintenance of
LESSOR'S standard operations where other operations share common facilities.
(a) Rights 1I0t 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 ull costs (including attorneys fees) asserted against, imposed on or incun'ed
by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state,
local or common law relating to poLlulion or protection of the environment.
ARTICLE 18. Radon Gas
Tn compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
Radon is a naturally accun.jog radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present health risks to persons who are exposed to it (wer time. Levels of
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing m.!1Y be obtained from YOllr County Public Health
Department.
ARTICLE 19. Extent of Liens
All persons to whom thc:.'C presents may corne 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 iiens for improvements made by [he 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. E:rfc;eth'c;_Q.u~
This Lease shaH become effeeiive upon execlltion by both LESSOR and LESSEE.
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, .., .~RTlCLE 21. GovefQ!n.gJ,-,~
!\genca item r'Jo. 16E17
December 16, 2008
Page 7 of 7
'I11is Lease shall be governed and construed in accordance with the laws of the State of florida,
AS TO TIlE LESSOR:
~ WlmESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
AS TO LESSEE:
DATED: \,\.- \G.'.'~
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\VITNESS (signature)
\\",\:Q~cc>- ~\:c~\'\'OS
(print name)
,Jon {Vc'iJJ j~.dO'\ "'-LeT
WITNESS (signaturci
,")ond,"c\ IL-f orn nie...-:T
(print name)
Approved as ((\ form and legal suffi::iem:y:
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Jennifer A. Belpedio
Assistant County Attr:rney
BOARD OF COUNTY COMMISSIONERS
COLLlER COUNTY. FLORIDA
BY: n_
TOM HENING, Chairman
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~TT RICHTER, Florida Stale Senalor