Agenda 03/09/2021 Item #16C 2 (Resolution/Lease Agmt - Rep. David Borrero)03/09/2021
16.C.2
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and to approve a Lease Agreement with State
Representative David Borrero, 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 David Borrero 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 David
Borrero (Representative), has requested utilization of office space contained within the Golden Gate
Customer Service Center on 4715 Golden Gate Parkway 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 two-year term, commencing on January 2, 2021, and expiring on
January 1, 2023. The Lease includes automatic two-year 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 David Borrero and authorizes its Chairman to execute the attached
Lease and Resolution.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. David Borrero Resolution 2021 (PDF)
2. David Borrero Lease Agreement 2021 (PDF)
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16.C.2
03/09/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Doe ID: 14815
Item Summary: Recommendation to adopt a Resolution and to approve a Lease Agreement with
State Representative David Borrero, District 105, for use of County -owned office space at the Golden
Gate Customer Service Center in Golden Gate City.
Meeting Date: 03/09/2021
Prepared by:
Title: Property Management Specialist, Senior Facilities Management
Name: Michael Dowling
02/22/2021 11:22 AM
Submitted by:
Title: Director - Facilities Management — Facilities Management
Name: Damon Grant
02/22/2021 11:22 AM
Approved By:
Review:
Public Utilities Operations Support
Public Utilities Operations Support
Facilities Management
Facilities Management
Public Utilities Department
Public Utilities Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Budget and Management Office
County Manager's Office
Board of County Commissioners
Joseph Bellone
Additional Reviewer
Jennifer Morse
Additional Reviewer
Toni Mott
Additional Reviewer
Damon Grant
Director - Facilities
Drew Cody
Level 1 Division Reviewer
George Yilmaz
Level 2 Division Administrator Review
Jennifer Belpedio
Level 2 Attorney of Record Review
Laura Wells
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Ed Finn
Additional Reviewer
Dan Rodriguez
Level 4 County Manager Review
MaryJo Brock
Meeting Pending
Completed 02/22/2021 11:36 AM
Completed 02/22/2021 11:59 AM
Completed 02/23/2021 10:00 AM
Completed 02/24/2021 10:26 AM
Completed 02/24/2021 2:56 PM
Completed 02/25/2021 10:25 AM
Completed 02/25/2021 4:47 PM
Completed 02/26/2021 12:27 PM
Completed 02/26/2021 1:55 PM
Completed 03/02/2021 3:09 PM
Completed 03/02/2021 3:46 PM
03/09/2021 9:00 AM
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16.C.2.a
RESOLUTION No. 2021 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN
COLLIER COUNTY AND FLORIDA STATE REPRESENTATIVE DAVID
BORRERO FOR USE OF OFFICE SPACE WITHIN A COUNTY -OWNED
BUILDING.
WHEREAS, Florida State Representative David Borrero, District 105 ("Representative") desires
to lease an office space within a building owned by Collier County, a political subdivision of the State of
Florida ("Collier County"), located within the Golden Gate Customer Service Center located at 47I5
Golden Gate Parkway, Suite 123, Naples, Florida 34116.
WHEREAS, the Lease Agreement provides for a two-year term commencing on January 2, 2021,
and ending January 1, 2023, with an annual rent of Ten Dollars ($10).
WHEREAS, the Board of County Commissioners is satisfied that this property may be used for
the Representative and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners does approve the attached Lease Agreement between
Collier County and State Representative David Borrero.
2.
3. 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 day of 2021, after
motion, second and majority vote.
ATTEST:
Crystal K. Kinzel, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: BY:
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
Penny Taylor, Chairman
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16.C.2.b
Lease # BBC -
LEASE AGREEMENT
THIS LEASE AGREEMENT (`Lease') entered into this day of , 2021,
between Florida State Representative David Borrero, District 105, whose mailing address is 1405 Southwest 107'
Avenue, Suite 301 C, Miami, Florida 33174-2541, hereinafter referred to as "LESSEE," and COLLIER COUNTY,
a political subdivision of the State of Florida, whose mailing address is in care of Real Property Management, 3335
East Tamiami Trail, Suite 101, 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 I. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the
Golden Gate Customer Service Center, 4715 Golden Gate Parkway, Suite 123, Naples, Florida 34116, hereinafter
called the "Demised Premises," situated in the County 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 February 1,
2021, and ending November 7, 2022. 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 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.
LESSOR and LESSEE reserve 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 13 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 annual rent 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.
ARTICLE 4. Other Expenses and Charges
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
services used, rendered or supplied thereupon or in connection with the Demised Premises.
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16.C.2.b
LESSOR shall bill, on a monthly basis, LESSEE for all long-distance calls. LESSEE covenants to par
LESSOR for monthly telephone 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 alterations, improvements, changes or additions to the Demised i
Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, m
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
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changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required
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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
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a denial to such request to LESSEE.
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LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction,
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improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised
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Premises, to observe and comply with all then and future applicable Iaws, ordinances, rules, regulations, and
requirements of the United States of America, State of Florida, County of Collier, and any and all governmental
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agencies.
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All alterations, improvements and additions to said Demised Premises shall at once, when made or installed,
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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
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promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or
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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.
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LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part
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thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority.
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ARTICLE 6. Access to Demised Premises
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LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable
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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
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for compliance with the provisions of this Lease.
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ARTICLE 7. Assignment and Subletting
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LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised
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Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such
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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 of the Demised
Premises.
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16.C.2.b
ARTICLE 8. Indemnity
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any
and all liability (statutory or otherwise), 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
thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any
conditions created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or
about the Demised Premises, (C) any conditions of the Demised Premises due to or resulting from any default by
LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of
LESSEE or its agents, contractors, employees, subtenants, licensee or invitees. In case any action or proceeding is
brought against LESSOR by reasons of any one or more thereof, LESSEE shall pay all costs, attorneys' fees,
expenses and Iiabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request,
at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR.
The LESSOR shall not be Iiable for any injury or damage to person or property caused by the 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 by operations by or for a governmental authority in construction of any public or quasi -public
works.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property,
occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from
any claims for damages, except where such damage or injury is the result of the gross negligence or willful
misconduct of the LESSOR or its employees.
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 Lease. In addition, LESSEE shall provide and maintain Worker's
Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state
and federal laws. The coverage shall include Employer's Liability with a minimum Iimit of One Hundred Thousand
Dollars and No1100 Cents ($100,000.00) each accident.
Evidence of such insurance shall be provided to the Collier County Risk Management Department in care of
Real Property Management, 3335 East Tamiami Trail, Naples, Florida, 34112, for approval prior to the
commencement of this Lease; 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 changes 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 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 writing such insurance policy(ies) shall provide to LESSOR written 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 which to obtain such additional insurance.
ARTICLE 10. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
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16.C.2.b
ARTICLE 11. 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 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 default).
ARTICLE 12. 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.
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other pam shall be in writing to the
other party at the following addresses:
LESSOR:
Board of County Commissioners
c/o Real Property Management
3335 East Tamiami Trail, Suite 101
Naples, Florida 34112
cc: Office of the County Attorney
ARTICLE 14. Surrender of Premises
LESSEE:
State Representative David Borrero
1405 Southwest 107`s Avenue, Suite 301 C
Miami, Florida 33174-2541
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 15. 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.
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16.C.2.b
ARTICLE 16. Environmental Concerns
LFSSFE 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 incurred by LESSOR directly or
indirectly pursuant to or in connection with the application of any federal. state, local or common la►► relating to
Pollution or protection of the environment. .
AR'FICI.F 17. Radon Gas
In compliance pith 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 18. 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 improvements made by 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 19. Effective Date
This Lease shall becomc effective upon execution by both LESSOR and LI SSEE.
ARTICLE 20. Governing Las
This Lease shall be governed and construed in accordance with the Ian s of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder sct forth their hands and seals.
AS TO LESSEE:
DATED. f
�iR.
M ITTESS (signature) r}�—
tomm s•11t { L I 1
(print name)
WITNESS (signature)
(print name)
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D-% orrero. State Representative, District 105
LFSSOR'S signature appears on the Iollowing page.
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16.C.2.b
AS TO THE LESSOR:
DATED:
ATTEST:
Crystal K. Kinzel, Clerk
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
1i .
PENNY TAYLOR, Chairman
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