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Backup Documents 07/13/2021 Item #16C 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. County Attorney Office County Attorney 2. BCC Office Board of County ..Vk . CU' 9.:3( Commissioners 4 / 3. Minutes and Records Clerk of Court's Office 1010)4 PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Michael Dowling Phone Number 8743 Contact/ Department Agenda Date Item was July 13,2021 Agenda Item Number 16 C 6 Approved by the BCC Type of Document District Office Lease Amendment Number of Original Attached Congressman Mario Diaz-Balart Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 3ipp I 0 ‘„‹ N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. • 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 7-13-2021,and all changes made during MD the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for the Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16C6 MEMORANDUM Date: August 10, 2021 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Teresa Cannon, Sr. Deputy Clerk Boards Minutes & Records Department Re: District Office Lease Amendment w/Congressman Mario Diaz- Balart Attached are two originals of the document referenced above (Item #16C6), approved by the Board of County Commissioners on Tuesday, July 13, 2021. The Original is being held in the Minutes & Records Department as part of the Board's Official Records. If you have any questions, please contact me at 252-8411. Thank you. Attachment 16C6 atria Moo Leese lil■eodinarrt-Instructions NO LEASE AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL. The term for a District Office Lease Amendment for the 117th Congress may not commence prior to January 3,2021. Members should endeavor to lease space through the last day of a congressional term rather than the last day of a calendar year. For the 117th Congress,leases should end on January 2,2023,not December 31,2022. A. Section 1 has three blank lines to be filled in: 1. the term of the previous lease that is being amended or extended; 2. street address of office being leased;and 3. city,state and ZIP wham office is being leased. B. Section 2 requires the new ending date(if the lease is going to be extended),which must be on or before January 2,2023. If the lease term is not going to be extended,write"N/A"in the space provided. C. Section 3 requires the monthly rent amount for the extended term,and if any other provision is changed,the blank space beneath Section 3 is provided for any changes or additions. If there are no other changes to your existing lease write"NONE"in the apace provided. D. The Member/Member.Eleet is required to personally sign the documents. E. A District Office Lease Attachment for the 117th Congress must accompany this District Office Lease Amendment("Amendment"). F. Prior to either party signing an Amendment,the Member/Member-Elect must submit the proposed Amendment,accompanied by a copy of the District Office Lease Attachment for the 117*Congress,to the Administrative Counsel for review and approval. If the proposed terms and conditions of the Amendment are determined to be in compliance with applicable Iaw and House Rules and Regulations,the Administrative Counsel will notify the Member/Member- Elect that(s)he may proceed with the signing of the Amendment. Please submit the proposed Amendment and District Office Lease Attachment either by e-mail in PDF form (leases®mailluouse.gov)or fax(202-226-0357). G. Once signed by both parties,the Amendment and District Office Lease Attachment must be submitted to the Administrative Counsel for final approval. They may be sent by email in PDF form or faxed to 202-226-0357. H. If approved,Administrative Counsel will send them to Finance so that payment can begin. If there are errors,you will be contacted and required to correct them before the Amendment is approved. T. If you have any additional questions about District Office Leases,please contact the Office of the Administrative Counsel by e-mail(Ieases®mail.house.gov). 16C6 v.s.2fouse of cpresentatives Washington.D.C.20515 Illgtriet Office Lon Attest (Pegs 1 of 5—117th Conpraas) SWIM! A (Lease Amenitiesl Section A sets forth the amenities provided by the Lessor to be included in the Lease and designates whether the leased space will be the Member/Member-Elect's flagship(primary)office.Except as noted below,the amenities listed are not required for all district offices. To be completed by the Lessor(required amenities): [✓, *$(g-Steed%tape;Avallable Within the Lamed&acre Please list any Internet providers known to provide service to the property: [,]✓ • Interior Wiring CAT SE or Better within Leased Space. To be completed by the Lessor(optional amenities): ['Amenities are separately listed elsewhere in the Lease. (The below checklist can be left blank if the above box is checked.) The Lease includes(please check and complete all that apply): ❑Lockable Space for Netwgrking Eeuiement. ❑Telephone Service Available. El Parking• n _Assigned Parking Spaces f Unassigned Parking Spaces 0 General Off-Street Parking on an As-Available Basis 0 Utilities. Includes: ❑Janitorial Services. Frequency: ❑TrashRemoval. Frequency: ['Carpet Cleaning. Frequency: ❑Window Washita. []Window Treatments, El loot Altaglignalaskdzilat ❑After Hours Building Access. ['Office Furnishings. Includes: ❑Cable TV Accessible. If checked,Included in Rental Rate:0 Yes 0 No ❑Building Manager. 0 Onsite 0 On Call Contact Name: Phone Number: Email Address: To be completed by the Member/Member-elect(required): O The leased apace will serve as my flagship(primary)District Office. O The leased space will NOT serve as my flagship(primary)District Office. Sand completed forms to:Administrative Counsel.217 Ford Howe Office Balkan&Waskbrgson.D.0 20515. Copia awes.beflated to 202-226-0357. 16C6 V.S. Mouse of ftpresentatives Washington,D.C.20515 District efflux!lease Ataor in (Page 2 of 5—117th Congress) SECTION B (Additional Lease Terms) 1. Incorporated District Office Lease Attachment. Lessor(Landlord)and Lessee (Member/Member-Elect of the U.S.House of Representatives)agree that this District Office Lease Attachment("Attachment',is incorporated into and made part of the Lease("Lease")and, if applicable,District Office Lease Amendment("Amendment")to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S.House of Representatives (the"House")nor its Officers are liable for the performance of the Lease. Lessor flutter expressly acknowledges that payments made by the Chief Administrative Officer of the House (the"CAO")to Lessor to satisfy Lessee's rent obligations under the Lease—which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House—shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO("Administrative Counsel")must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Roles and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid,and the CAO will not authorize the disbursement of funds to the Lessor,until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration,end approved the Lease by signing the lest page of this Attachment. S. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute,Lessor agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore,any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any coat of living clause,operating expense clause,pro rats expense clause,escalation clause,or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default,early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee,and shall not be paid by the CAO on behalf of the Lessee. 8. Death,Resignation or Removal In the event Lessee dies,resigns or is removed from office during the term of the Lease,the Clerk of the House may,at his or her sole option,either:(a) Send completed forms to:Administrative Cowing 217 Ford No Office Building.Washington.D.0 20S15. Copies may also Wowed to 202.226-03S7. 16C6 V.S. grouse of ftresentatives Washington,D.C.20515 t Off lean Atteehnent (Pape 3 of 5-117th Congress) terminate the Lease by giving thirty(30)days'prior written notice to Lessor;or(b)assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease,the commencement date of such thirty(30)day termination notice shall be the date such notice is delivered to the Lessor or,if mailed,the date on which such notice is postmarked. 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office. Should the Member-Elect not take office to serve as a Member of the 117th Congress,the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance,U.S.House of Representatives,O'Neill Federal Building,Suite 3220,Attn:Jason Washington,Washington,D.C.20515,and with the Administrative Counsel by e-mail at lesses@mail.house.gov. 11. Assignments. Lessor shall provide thirty(30)days prior written notice to Lessee before assigning any of its rights,interests or obligations under the Lease,in whole or in part,by operation of law or otherwise. Lessor shall promptly file a copy of any such assignment notice with the Administrative Counsel by e-mail at leasesilmaillouse.gov. Lessee and the House shall not be responsible for any misdirected payments resulting from Lessor's failure to file an assignment notice in accordance with this section. 12. Sale or Transfer of Leased Premises. Lessor shall provide thirty(30)days prior written notice to Lessee in the event(a)of any sale to a third party of any part of the leased premises,s,or(b) Lessor transfers or otherwise disposes of any of the leased premises,and provide documentation evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale or transfer notice with the Administrative Counsel by e-mail at laiLhouse.gov. 13. Bankruptcy and Foreclosure. In the event(a)Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily),(b)the leased premises is fbnelosed upon,or(c)of any similar occurrence,Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file a copy of any such notice with the Office of Finance,U.S.House of Representatives,O'NeiIl Federal Building,Suite 3220,Attn:Jason Washington,Washington,D.C.20515,and with the Administrative Counsel by e-mail at leases@mail.house.gov. 14. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises(usually used in instances when the Lessor is selling or refinancing the building)upon the request of the Lessor. Such an estoppel certificate shall require the review of the Administrative Counsel,prior to Lessee signing the estoppel certificate. Lessor shall promptly provide a copy of any such estoppel certificate to the Administrative Counsel by e-mail at leases@mail.house.gov. Send completed forma to:AdadniseoNrs Counsel.217 Fad House Office Building.Washington.D.C.20515 Copies Duly also be faxed so 202-226-0337. GQ0 16C6 V.S.?rouse cfftpresentatives Washington,D.C.20515 Mriet Oft Lean Attachment (Pape 4 of 5—117th Congress) 15. Maintenance of Common Areas. Lessor agrees to maintain in good order,at its sole expense, all public and common areas of the building including,but not limited to,all sidewalks,parking areas,lobbies,elevators,escalators,entryways,exits,alleys and other like areas. 16. Maintenance of Structural Components. Lessor also agrees to maintain in good order,repair or replace as needed,at its sole expense,all structural and other components of the premises including,but not limited to,roofs,ceilings,walls(interior and exterior),floors,windows,doors, foundations,fixtures,and all mechanical,plumbing.electrical and air conditioning/heating systems or equipment(mcluding window air conditioning units provided by the Lessor)serving the premises. 17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage,either to persons or property,sustained by Lessee or any of his or her employees or guests,caused by Lessor's f tihtre to fulfill its obligations under Sections 15 and 1. 18. Initial Alterations. Lessor shall make any initial alterations to the leased premises,as requested by Lessee and subject to Lessor's consent,which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act,28 U.S.C.If 2671- 80.satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. 20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 21. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements,and with all local and state building codes. safety codes and handicap accessibility codes(including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance,U.S.House of Representatives,with all banking information necessary to facilitate such payments. 23. Refunds. Lessor shall promptly refund to the CAO,without formal demand,any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment,the provisions of this Attachment shall control,and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency. Send completed Jana to;Administrative Counsel.217 Ford Horse Wee Building,Workington,D.C.20515. Copies may also bayed ro 202-226-0357. 16CS 'US Mouse of ftpresentaties Washington,D.C.20515 'Isfirlct Ogre Lease Attiluet (Page 6 of 6—117th Congress) 25. Construction. Unless the clear meaning requires otherwise,words of feminine,masculine or neuter gender include all other genders and,wherever appropriate,words in the singular include the plural and vice versa. 26. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide,arms-length,marketplace transaction. The Lessor and Lessee califs that the parties are not relatives nor have had,or continue to have,a professional or legal relationship (except as a landlord and tenant). 27. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 28. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy,each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 29. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. IN WITNESS WHEREOF,the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. C o\ L I e v COO \I Congressman Mario Diaz-Baled fpLessor/Land! Name ofLessee By: I f or Si hors Name: k:.,nhLA Tao1Gr- Title: C I-. r�,.-1 a tit _7 131 oR (1/// I Late Date Front the Member's Office,who is the point of eontact fbr gnesdons? Name Phone( ) E-mail sil ltwse This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved,pursuant to Regulations of the Committee on House Adminlstratlon. Signed Date 20 (Administrative Counsel) I Send cooppktedlonas to:Admbtrdnttre Cotwarl,217Fo►d Howe qfflor listddbig.Wmttngtoa.D.0 20515. Cep ma�also be fcwed to 202-226-0357. " AT i EST: 'R AL K. Kt, EL, CLERK t glerk `;:test as toPOi�'l>�an s signature only. 1 6 C 6 vs xpzse of Wjcf ftresentatives Washington,D.C.20515 Illat!'b#Office Leese Ausembeet (Pape 1 of 2—117th Congress) 1. Prior Lease Term. The undersigned Landlord("Lessor")and Member of the U.S.House of Representatives("Lessee")agree that they previously entered into a District Office Lease ("Lease")(along with the District Office Lease Attachment),which covered the period from January 3,20111 to Jay 2.2021 for the lease of office space located at 4715 Golden Oafs Parkway,BuM.Ona in the city,state and ZIP of NOW.Ft.3411e 2. Extended Term. If applicable,the above referenced Lease is extended through and including January 2 ,2023 . (This District Office Lease Amendment ("Amendment")may not provide for an extension beyond January 2,2023,which is the end of the constitutional term of the 117th Congress.) 3. Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall now be tito.00 . All other provisions of the existing Lease shall remain unchanged and in full effect,except for the following additional terms,which are modified as indicated in the space below(If no additional terms are to be modified,write the word"NONE"below]. Rent will be$10.00 yearly 4. District Office Lease Attachment for 117th Congress. This Amendment shall have no force and effect unless and until accompanied by an executed District Office Lease Attachment for the 117th Congress and the District Office Lease Attachment for the 117th Congress attached hereto supersedes and replaces any prior District Office Lease Attachment S. Counterparts. This Amendment may be executed in any number of counterparts and by facsimile copy,each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 6. Section Headings. The section headings of this Amendment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. (Signature page follows.) GQ� 16C6 7).S. ?louse(lItepresentatives Washington,D.C.205 I S District Office Lease limenineet (Pegs 2 of 2-117th Congress) IN WITNESS WHEREOF,the parties have duly executed this District Office Lease Amendment as of the later date written below by the Lessor or the Lessee. C_<5\\\ Co J Congressman Mario Dlaz-Belart Print a Lesser/Landlord/ an Name of Lessee By: &Swim see Sign tare Name: pev1� I a i o(` Title: C a (' /J 7 ) L3 1 (°(1/0/ Date Date 1 I LS E Approved as to form and legality CRY,'VAL ti KINGF CLERK Msistunt County C>k tiN 2.A -5, Attest as tn'Lhalrman's signature only. This District Office Lease Amendment mon be accompanied with an executed District Office Lease Attachment