Agenda 08/24/2021 Item #16C 116.C.1
08/24/2021
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and approve a Lease Agreement with Congressman Byron
Donalds for use of County -owned office space.
OBJECTIVE: To obtain approval from the Board to adopt and execute a Resolution and Lease for
Congressman Byron Donalds 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, Congressman Byron Donalds
(the Congressman) has requested utilization of office space contained in Suite 105 within the
Administration Building at the main Government Center.
The attached Lease reflects the Congressman's electoral term, which commenced on January 4, 2021, and
runs through December 31, 2023. The Lease includes a renewal option for additional two-year terms
pending the Congressman's re-election. The County may terminate the Lease with or without cause by
giving the Congressman 30 days written notice. The annual rental amount of $10 will be paid in advance.
The County is responsible for all utilities and janitorial service. The Congressman will be responsible for
all local long-distance telephone charges.
As required by Florida Statute 125.38, a Resolution, which is attached, declares that Suite 105 is not
required for County use and available for lease to the Congressman.
Approval of the following documents by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the
document(s) shall be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by that Board.
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: The proposed Resolution and Lease Agreement are legally sufficient
for Board action. - JAB
RECOMMENDATION: That the Board of County Commissioners adopts and approves the Resolution
and Lease with Congressman Byron Donalds and authorizes its Chair to execute the attached Lease and
Resolution.
Prepared by: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Byron Donalds County Lease Agreement 2021 (PDF)
2. Byron Donalds County Resolution 2021 (PDF)
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16.C.1
08/24/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doe ID: 14808
Item Summary: Recommendation to adopt a Resolution and approve a Lease Agreement with
Congressman Byron Donalds for use of County -owned office space.
Meeting Date: 08/24/2021
Prepared by:
Title: Property Management Specialist, Senior — Facilities Management
Name: Michael Dowling
06/03/2021 1:08 PM
Submitted by:
Title: Director - Facilities Management — Facilities Management
Name: Damon Grant
06/03/2021 1:08 PM
Approved By:
Review:
Facilities Management
Public Utilities Operations Support
Facilities Management
Public Utilities Department
Public Utilities Department
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Damon Grant
Director - Facilities
Jennifer Morse
Additional Reviewer
Michael Dowling
Additional Reviewer
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
Susan Usher
Additional Reviewer
Sean Callahan
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
06/03/2021 2:40 PM
Completed
06/09/2021 11:23 AM
Skipped
07/08/2021 12:22 PM
Completed
07/08/2021 1:56 PM
Completed
07/10/2021 5:51 PM
Completed
07/27/2021 8:55 AM
Completed
07/27/2021 9:16 AM
Completed
07/27/2021 9:21 AM
Completed
08/19/2021 8:34 AM
Completed
08/24/2021 11:36 AM
08/24/2021 9:00 AM
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Lease #
16.C.1.a
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of , 2021, between
99 Tam
Congressman Byron Donalds, whose mailing address is 32iami Trail East, Suite I05, Naples,
Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 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 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR office space
located at 3299 East Tamiami Trail East, Suite 105, Naples, Florida 34112, hereinafter referred to as 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 term beginning on January 4, 2021,
to December 31, 2023. This Lease may automatically renew for additional two (2) year terms, provided
the LESSEE is reelected to the same office, and is not in default of any of the terms of this Lease, under
the same terms and conditions as provided herein. LESSEE will be required to notify LESSOR by
written notice of LESSEE'S intention to continue occupying the Demised Premises not less than fifteen
(15) days after his reelection. 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 or by email.
LESSOR reserves 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 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.
LESSEE is required to have the attached District Office Lease Agreement executed by
LESSOR and is attached hereto and made a part hereof this Lease.
ARTICLE 3. Rent
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 term 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 and shall be paid in full for the renewal term
thereof and shall be paid within thirty (30) days of the commencement of the renewal term.
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16.C.1.a
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 local and long-distance telephone charges,
which shall be paid by the LESSEE. 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.
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 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 from LESSOR or its
designee to said proposals or plans, then such silence shall be deemed as a denial to such request
to LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future
applicable laws, ordinances, rules, regulations, and requirements of the United States of
America, State of Florida, County of Collier, and any and all governmental agencies.
All 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 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 promptly remove 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 complete 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 thereof to be used or occupied for any purpose contrary to law or the rules or
regulations of any public authority.
ARTICLE 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right after
reasonable 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 for compliance with the provisions of this Lease Agreement.
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16.C.1.a
ARTICLE 7. Assignment and Subletting
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the
Demised Premises, or to permit any other persons to occupy same without the written consent of
LESSOR.
ARTICLE 8. Indemnity and Insurance
The LESSEE is covered by protection of the Federal Tort Claim Act.
ARTICLE 9. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
ARTICLE 10. 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 11. 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 12. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to the other party at the following addresses:
LESSOR: LESSEE:
Board of County Commissioners
c/o Real Property Management Department
3335 East Tamiami Trail, Suite 101
Naples, Florida 34112
cc: Office of the County Attorney
ARTICLE 13. Surrender of Premises
Congressman Byron Daniels
3299 Tamiami Trail East, Suite 105
Naples, Florida 34112
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.
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16.C.1.a
ARTICLE 14. 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) If applicable to this Lease, LESSEE agrees to pay all sales tax imposed on the rental of the
Demised Premises where required 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 15. Radon Gas
In compliance with 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 16. 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 17. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 18. Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of
Florida.
ARTICLE 19. District Office Lease
As a requirement of the United States House of Representatives, attached as an ADDENDUM
to this Lease, is the District Office Lease Attachment.
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IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
16.C.1.a
AS TO LESSEE:
DATED:
WITNESS (signature)
(print name)
WITNESS (signature)
(print name)
AS TO THE LESSOR:
DATED:
ATTEST:
Crystal K. Kinzel, Clerk
, Deputy Clerk
Approved as to form and legality:
M.
Congressman Byron Daniels
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
IM
Penny Taylor, Chairman
Jennifer A. Belpedio, Assistant County Attorney 2� � �
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16.C.1.b
RESOLUTION No. 2021 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN
COLLIER COUNTY AND UNITED STATES CONGRESSMAN BYRON
DONALDS FOR USE OF OFFICE SPACE WITHIN A COUNTY -OWNED
BUILDING.
WHEREAS, United States Congressman Byron Donalds ("Congressman") desires to lease an
office space within a building owned by Collier County, a political subdivision of the State of Florida
("Collier County"), located at 3299 Tamiami Trail East, Suite 105, Naples, Florida 34112.
WHEREAS, the Lease Agreement provides for a two-year term commencing on January 4, 2021,
and ending December 31, 2023, with automatic two-year renewals pending the Congressman's re-
election, with an annual rent of Ten Dollars ($10).
WHEREAS, the Board of County Commissioners is satisfied that this property may be used for
the Congressman and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does approve the attached Lease Agreement between
Collier County and Congressman Byron Donalds.
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 day of 2021, after
motion, second and majority vote.
ATTEST:
Crystal K. Kinzel, Clerk
IM
, Deputy Clerk
Approved as to form and legality:
:•
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Penny Taylor, Chairman
Jennifer A. Belpedio, Assistant County Attorney
e.
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