Agenda 03/22/2022 Item #16C6 (Lease agreement w/City of Marco Island for Office Space in Marco Island City hHll)03/22/2022
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with the City of Marco Island for the District 1
Commissioner, Clerk of Courts and Supervisor of Elections in the amount of $4,300 annually for
office space within the Marco Island City Hall. (General Fund 001)
OBJECTIVE: To approve a Lease Agreement the City of Marco Island for office space within Marco
Island’s City Hall.
CONSIDERATIONS: The City of Marco Island has agreed to lease office space to the County, to be
used by the District 1 Commissioner, the Supervisor of Elections, and the Clerk of Courts. The space
consists of three (3) workstations and one (1) office, which total 291 square feet.
The Lease Agreement (Agreement) is for a five-year term commencing on June 1, 2022. Upon
expiration, the lease term may be extended upon mutual, written agreement of the parties.
The annual rent will be Four Thousand Three Hundred Dollars ($4,300.00) with increases occurring
annually on January 1st based on the overall Consumer Price Index (CPI).
Either party has the right to terminate the Lease by providing the other with thirty days’ written notice.
The City of Marco will provide all services and utilities at no cost to the County, with the exception of
telephone and internet charges, which shall be paid by the County.
FISCAL IMPACT: The annual rent of Four Thousand Three Hundred Dollars ($4,300.00) for each
year, shall be paid in full annually, and shall be paid from the appropriate General Fund (001) account.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATION: This item has been reviewed for form and legality and requires a
majority vote for Board action. - JAB
RECOMMENDATION: That the Board approves the Lease Agreement with the Cit y of Marco Island
and authorizes the Chairman to execute the document.
Prepared by: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Marco Island City Hall 3-9-22 (PDF)
16.C.6
Packet Pg. 597
03/22/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.6
Doc ID: 21468
Item Summary: Recommendation to approve a Lease Agreement with the City of Marco Island
for the District 1 Commissioner, Clerk of Courts and Supervisor of Elections in the amount of $4,300
annually for office space within the Marco Island City Hall. (General Fund 001)
Meeting Date: 03/22/2022
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
03/02/2022 11:48 AM
Submitted by:
Title: Director - Facilities Maangement – Facilities Management
Name: Ed Finn
03/02/2022 11:48 AM
Approved By:
Review:
Public Utilities Operations Support Jennifer Morse Additional Reviewer Completed 03/02/2022 2:43 PM
Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Completed 03/02/2022 5:15 PM
Public Utilities Department Drew Cody Level 1 Division Reviewer Completed 03/03/2022 5:38 PM
Facilities Management Ed Finn Director - Facilities Completed 03/11/2022 6:23 PM
Public Utilities Department Joseph Bellone Level 2 Division Administrator Review Completed 03/04/2022 3:40 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/07/2022 3:29 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 03/07/2022 3:38 PM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 03/09/2022 11:15 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/10/2022 4:35 PM
Facilities Management Ed Finn Additional Reviewer Completed 03/10/2022 6:34 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 03/16/2022 12:47 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 03/22/2022 9:00 AM
16.C.6
Packet Pg. 598
Lease # COMI-O01
COC. Marco Island. FL
THIS LEASE AGREEMENT ("Lease") entered into this 2022. bctwcen
the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose maiting address
is. in care of. Real Property Managemenr, 3335 Tamiami Trail Easr. Suite l0l. Naples. F)orida
33112 (hereinafter referred to as "TENANT") and the CITY OF MARCO ISLAND. a political
subdivision of the State of Florida, whose mailing address is 50 Bald Eagle Drive. Marco lsland.
Florida 34145 (hereinafter referred to as "LANDLORD").
WITNESSETH
WHEREAS, LANDLORD is the owner of certain real property in Collier Counry, Florida,
located at Marco Island City Hall, 50 Bald Eagle Drive. Marco Island, Florida 34145 (the
"Propeny"); and
WHEREAS, TENANT desires to lease a portion of the Property, as lurrher defined below.
for the sole purpose of operating a Clerk of Courts office, Supervisor of Elections office. and
Collier County Commissioner, District one ( I ) satellite oflice.
WHEREAS, LANDLORD is willing to lease a portion of the Property to TENANT for rhis
purpose.
NOW THEREFORE, in consideration ofthc mutual covenants and agrccmcnts rcscrvcd and
contained herein on the part of the TENANT. the LANDLORD demises and leases to TENANT
and the TENANT rents lrom LANDLORD the Premises, trnd other valuable consideration, the
parties agree as follows:
ARTICLE l. ProDerty / Premises
LANDLORD hereby leases to TENANT. and TENANT hereby leases from LANDLORD,
thrcc (3) salcllitc workstations and one ( I ) office together containing 29 t square feet, hereinafter
referred to as the'Premises', localed at the Property, and the Property floor plan is attached hereto
and made a part hereof this Lease.
TENANT shall have and hold the Premises for a term of Five (5) ycars. commencing on
June l. 2022.and ending Mav 31.2027. (hereinalier referred 1o as 'Lease Term'). unless sooner
terminatcd pursuant to the provisions contained in this Lease. Upon its expiration the Lease Term
may be extended upon mutual, written agreement ofthe parties.
LANDLORD and TENANT reserves the right to terminate this Lease. with or without cause.
by providing at least thirty (30) days written notice to the address sel fonh in Article l4 olthis
Lease. If the TENANT wishes to terminate this Lease for any reason, other than the City's default,
the TENANT must restore the Premises, to the same condition as existed at the commencemenl
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LEASE AGREEMENI'
ARI'ICLE 2. Term of l-ease
16.C.6.a
Packet Pg. 599 Attachment: Marco Island City Hall 3-9-22 (21468 : Lease Agreement with the City of Marco Island for office space within the Marco Island City
date, at the TENANAT's expense. Said notice shall be effective upon placement ofthe notice in
an olficial depository of the United States Post office. Registered or Certified Mail. postage
Prepaid.
ARTICLE 3. Rent
'|ENANT hereby covenants and agrees to pay as rent lor the premises the sum of Four'lhousand'[hree Hundred Dollars and 00/100 Cents (54,300.00) ("Rent"). The Rent shall increase
annually on January 1sr. based on the overall Consumer Price lndex (CPI), throughout the life of
this Lcase.
ARTICLE 4. Conduct OlBusiness And Use Of Premises
4.01 Use of Premises. The Premises shall be converled and used for lhe establishmenr
and operation of a Clerk of Courts office, Supervisor of Elections office, and Collier County
Commissioner, District One (l) satellite office. TENANT shall not use. permit, or suffer the use
ofthe Premises for any other purpose whatsoever without the prior written consent of Landlord
which consent shall not be unreasonably u'ithheld. TENANT's obligations under this Lease are
contingent upon such use oflhe Premises being in compliance with all applicable zoning laws.
rules. and regulations affecting the Premises.
4.02 Conduct. TENANT shall not commit waste upon the Premises, nor maintain.
commit, or permit the maintenance or commission of a nuisance thereon. or use the Premises lor
any unlardul purpose. TENANT acknowledges that its employees and the Premises shall.
throughout the Term of this Lease, be in full compliance with all federal, state, TENANT. and
local s{atutes, laws, rules, and regulations respecting the use and occupancy of the Premises.
4.03 Hazardous Substances. TENANT shall comply with all applicable Federal, State
and local laws. regulations and ordinances protecling the environment and nalural resources and
regulating hazardous subslances.
4.04 Surrender of Premises. Upon termination, expiration, or cancellation ofthis Lease.
TENANT, at its sole cost and expense, shall remove TENANT's personal property and removable
fixtures and equipment from the Premises. and shall surrender lhe Premises to the Landlord. Upon
surrender ofthe Premises. title to any improvements construcled upon the Premises/Property shall
vesl in Landlord.
LANDLORD shall pay all costs associated xdth the Property including. but nor limired ro.
janitorial services. pest control. [{VAC maintenance and repair. and any utility charges. except lbr
telephone and intcmet chargcs. which shall bc paid by the TENANT. 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 Property.
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ARTICLE 5. Other Expenses and Charqes
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16.C.6.a
Packet Pg. 600 Attachment: Marco Island City Hall 3-9-22 (21468 : Lease Agreement with the City of Marco Island for office space within the Marco Island City
ARTICLE 6. Modifications ro Premises
Prior to making any changes. alterations. additions or improvements to the premises,
TENANT will provide to LANDLORD all proposals and plans for alterations, improvements.
changes or additions to the Premises for LANDLORD'S written approval. specifying in writing
the nature and exlent ofthe desired aheration. improvement. change. or addition, along with the
contemplated staning and completion time for such project. TENANT will be fiscally responsible
for any changes, alterations, additions, or improvements they request approval for. LANbLORD
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. LANDLoRD shall nol unreasonably
withhold its consent to required or appropriate alterations. improvements, changes or additions
proposed by TENANT. [f after sixty (60) days there has been no response from LANDLORD or
its designee to said proposals or plans, lhen such silence shall be deemed as a denial to such requesl
to TENANT.
All alterations, improvements and additions to said Premises shall at once. when made or
installed, be deemed as attached to the freehold and to have become property of LANDLORD.
Prior to the termination of this Lease or any rener+,al term thereof, or *,ithin thiny (30) days
thereafter, if LANDLORD so directs, TENANT shall promptly remove rhe addirions,
improvements, alterations, fixtures and installations which were placed in. on, or upon the Property
by TENANT, and repair any damage occasioned to the Premises by such removal; and in default
thereof, LANDLORD may complete said removals and repairs at TENANT'S expense.
TENANT covenants and agrees not to use, occupy. suffer or permit said Premises or any
part ofthe Property thereofto be used or occupied for any purpose contrary to law or the rules or
regulations of any public authorily.
ARTICLI:7. Access to Premises
LANDLORD. its duly authorized agents, representatives and employees, shall have the right
after reasonable notice to TENANT, to enter into and upon the Premises and the Property or any
part ther€of at all reasonable hours for the purpose of examining thc samc and making rcpairs or
providing services therein, and for the purposes of inspection for compliance with the provisions
of this Lease Agreement. LANDORD shall provide the TENANT with access control badges that
will grant them access to the Property; badges will not provide access to any olher City owned
facility.
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TENANT covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteralion of any authorized modifications, additions or
improvements to the Premises, lo observe and comply with all then and future applicable laws,
ordinances, rules, regulations, and requirements ofthe United States of America, State ofFlorida,
County of Collier, and any and all govemmental agencies.
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16.C.6.a
Packet Pg. 601 Attachment: Marco Island City Hall 3-9-22 (21468 : Lease Agreement with the City of Marco Island for office space within the Marco Island City
ARTICLE 8. Assisnment and Sublerting
TENANT covenants and agrees not to mortgage, pledgc, assign this Lcasc or to sublet thc
whole or any part of the Premises, or to permit any other persons lo occupy same without the
written consent of LANDLORD.
9.01 Indemnification. The parties acknowledge that the other party is a govemmental
entiry- that is liable for its own actions and negligence, and, to the extent permitted by larv. and
subject to the limitations contained in Seclion 768.28. Florida statutes, shall indemnifo.
defend and hold harmless the other party against any actions, claims or damages arising out
of the indemni$ing partv's negligent. willful. or intentional acts or omissions in conneclion
with this Lease. The foregoing indemnification shall not conslitute a *,aiver of a parties'
entitlement to sovereign immunity beyond rhe limits set forth in Section 768.28, Florida
Statutes. nor shall the same be construed to constitute agreement by either party to indemnily
the other party lor such party's negligent, willful, or intentional acts or omissions.
9.02 Liability Insurance. Without waiving the right to sovereign immunily as
provided by Section 768.28, Florida Statutes, borh the TENANT and the LANDLORD
acknowledges to be selt'-insured for General Liability under Florida sovereign immunity statutes
with coverage limits of$200.000 Per Person and $300,000 Per Occurrence: or such monetary
waiver limits that may change and be set fbrth by the Florida Legislature. ln the event rhat either
lhe TENANT or the LANDLORD maintains third-party Commercial General Liability in lieu of
exclusive reliance of self-insurance under Section 768.28. Florida Statures. both the TENANT
and the LANDLORD shall maintain said insurance policies at limits nor less rhan $500,000
combined single limit for bodily injury or property damage.
Both the TENANT and the LANDLORD shall mainrain or be self-insured for Worker,s
Compensation & Employer's Liability insurance in accordance with Chapter 440. Florida
Statutes. When requested. both the I'ENANT and rhe LANDLORD shall provide an
alfidavit or Certificate of Insurance evidencing insurance, self-insurancc and/or sovereign
immunity status, which both the TENANT and the LANDLORD recognize as acceprable
for the foregoing coverage. Any insurance provided by a contractor operating on thc
Premises shall name the LANDLORD and the TENANT as additional insureds.
Compliance with the foregoing requirements shall not relieve either the TENANT or the
LANDLORD of its liability and obligations under this Lease.
ARTICLE 10. Repairs And Maintenance
TENANT shall maintain the Premises in good condition and repair, normal wear and tear
and casualty excepted, at its sole cost and expense. The TENANT will be responsible for any and
all operating equipment, including but not limited to computers, networking equipment,
telephones, printers, copier, safes, and supply storage.
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ARTICLE 9. lndcmnity And Insurancc
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16.C.6.a
Packet Pg. 602 Attachment: Marco Island City Hall 3-9-22 (21468 : Lease Agreement with the City of Marco Island for office space within the Marco Island City
ARTICLE I l. Default bv TEN ANT
Failure ofTENANT to comply with any provision or covenant ofthis Lease shall constitute
a default. and LANDLORD may. at its option, terminate this Lease after providing written notice
to TENANT, as specified in Anicle 2 of this Lease. unless the defautt be cured within the notice
period (or such additional time as is reasonably required to correct such default).
ARTICLE 12. Default bv ANDLORD
LANDLORD shall in no event be charged with default in the performance of any ol its
obligations hereunder unless and until LANDLORD shall have failed to perform such obligations
within thinv (30) days (or such additional time as is reasonably required to conect such defaulr)
after notice to LANDLORD by TE),lANT properly specifying wherein LANDLORD has failed ro
perform any such obligations.
ARTICLE 13. Notices
Any notice which LANDLORD or TENANT may be required to give to the other pany shall
be in writing to the other party at rhe following addresses:
LANDLORD:
City of Marco Island
50 Bald Eagle Drive
Marco Island, Florida 34145
Attn: City Manager
TENANT:
Collier County Board of County Commissioners
c/o Real Property Management
3335 Tamiami Trail Easr. Suite l0l
Naples. Florida 33 I l2
Attn: Leasing Specialist
ARI ICLE i4. Surrender of Premises
TENANT shall deliver up and surrender to LANDLORD possession ofthe Property 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 ofthe term of this Lease or may
have been put by LANDLORD or TENANT during the continuance thereof. ordinary wear and
tear and damage by fire or the elements beyond TENANT's control excepted.
ARTICLE 15. General Provisions
15,01. TENANT expressly agrees for itseli its successor and assigns, to refrain from any
use ofthe Premiscs which would inlerfere with the Propeny or adversely affect the operation or
maintenance of LANDLORD'S standard operations where other operations share common
facilities.
(a) Rights not specifically granted the TENANT by rhis Lease are hereby reserved to the
LANDLORD.
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16.C.6.a
Packet Pg. 603 Attachment: Marco Island City Hall 3-9-22 (21468 : Lease Agreement with the City of Marco Island for office space within the Marco Island City
(b) tfapplicable to this Lease. TENANT agrees ro pay all sales tax imposed on the rental ofthe
Premises where required under law.
(c) TENANT agrees to pay all intangible personal property taxes rhat may be imposed due to
the creation, by this Lease. ofa leasehold interest in the Property or TENANT'S possession
of said leasehold interesl in the Premises .
15.02 Waiver, Accord and Satislaction. The waiver by LANDLORD or TENANT of any
delault ofany term, condilion, or covenant herein contained shall not be a waiver olsuch term.
condition, or covenant, or any subsequent default of the same or any other term, condition. or
covenanl herein contained. The consent or approval by LANDLORD to or of any act by
TENANT requiring LANDLORD's consent or approval shall not be deemed lo waive or render
unnecessar,v LANDLORD's consent to or approval of any subsequent similar act by TENANT.
15.03 Public Entity Crimes. As provided in Sections 287.132-133, Florida Sratures.
LANDLORD and TENANT hereby certities thar neither LANDLORD, TENANT nor their
employees, who will perlbrm hereunder. have been placed on the convicled vendor list
mainlained by the State of Florida Departmenl of Management Senices within the thirty-six (36)
month period immediately preceding the Eftbctive Date of the Term of this Lease. This
certification is required pursuanl to Section 287.133(3)(a). Florida Starures.
15.04 Entire Agreement. This Lease and the Exhibit attachcd hereto constitute all
agreements, conditions, and understandings between LANDLORD and TENANT concerning
the Premises. All representations. either oral or written, shall be deemed to be merged into this
Lease. Except as herein otherwise provided, no subsequent alteration, waiver, change. or addition
to this Lease shall be binding upon LANDLORD or TENANT unless reduced ro wriring and
signed by them.
15.05 Severability. Ifany term of this Lease. or the application thereof to any person
or circumstances, shall to any extent be invalid or unenforceable, the remainder of this
Lease. or the application or such term to persons or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected thereby, and each term of this
Lease shall be valid and enforceable to the fullest extent permitted by law.
15.06 Captions. The captions in this Lease are included lor convenience only and shall
not be taken into consideration in any construction or interpretations of this Lease or any ol
its provisions.
'15.07 Recording. This Lease Agreement shall not be recorded in the public records of
Collier County.
15.08 Waiver of Jury Trial. THE PARTIES HERETO WAIVE TRTAL By JURY tN
CONNECTION WITH PROCEEDINGS OR COI"INTERCLAIMS BROUGHT BY
EITHER OF THE PARTIES HERETO ACAINST THE OTHER IN CONNECTION WITH
THIS LEASE.
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16.C.6.a
Packet Pg. 604 Attachment: Marco Island City Hall 3-9-22 (21468 : Lease Agreement with the City of Marco Island for office space within the Marco Island City
15.09 Time ofEssence. Time is ofthe essence with respect to the performance ofevery
provision olthis Lease in which time of perlbrmance is a facror.
15.10 Benelit and Binding Eflecr. 'l'his Lease shall be binding upon and inure to the
benefit of the heirs. successors, legal representatives. and assigns of the parties hereto.
l5.ll Non-Exclusivity of Remedies. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy. and each and every such remedy shall be
cumulative and shall be in addition (o every other remedy given hereunder or now or hereafler
existing at law or in equity or by statute or otherwise. No single or partial exercise by anv parly
ofany right, power. or remedy hereunder shall preclude any other or l'urther exercise thereof.
15.12 Non-Discrimination. Thc partics agree that no person shall. on the grounds of
race, color, sex. age, national origin. disability. religion, ancestry, marital status, sexual
orientation. or gender identity or expression, be excluded from the benefits of, or be sub.jected to
any form of discrimination under any aclivily carried out by the performance ofthis Lease.
15.13 Construction. No party shall be considered the author of this Lease since the
parties hereto have participated in extensive negoliations and drafting and redrafting ol this
document to arrive at a final agreement. l'hus, the terms of this Lease shall not be strictly
construed againsl one pa(y as opposed to the other party based upon who dratled it. In the event
that any section, paragraph. sentence. clause, or provision hereof is held by a court of competent
jurisdiction to be invalid, such shall not afl'ect the remaining ponions of this Lease and the same
shall remain in full force and effect.
I 5. l6 Incorporation by Refercnce. Thc Whereas clauscs and Exhibit attached hereto and
referenced herein shall be deemed to be incorporated into this Lease by reference.
ARTICLE 16. 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 u,ho arc cxposcd to il ovcr time. Lcvcls
of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional information regarding radon and radon tesling may be obtained from your County
Public Health Department.
ARTICLE 17. Extent ol Liens
All persons to whom these presents may come.ue put upon notice ofthe fact that the interest
of the LANDLORD in the Property shall not be subject to liens for improvements made by the'IL,NANT, and liens for improvements made by the TENANT are specifically prohibited from
atuching to or becoming a lien on the interest of the LANDLORD in the Property or any parl of
either. This notice is given pursuant to the provisions of and in compliance with Seclion 713.10,
Florida Statutes.
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16.C.6.a
Packet Pg. 605 Attachment: Marco Island City Hall 3-9-22 (21468 : Lease Agreement with the City of Marco Island for office space within the Marco Island City
ARTICLE I8. Effective Date
This Lease shall becomc effective upon execurion by both LANDLORD and TENANT.
ARTICLE 19. Govemins Law
This Lcasc shall bc governed by and intcrprcted according to thc la\r,s of the State of
Florida and venue shall be in a state court of competent jurisdiction in Collier County. Florida.
IN MTNESS WHEREOF, the parties herelo have hereunder set fonh lheir hands and seals.
As to Landlord:
LANDLOITD
Michael A. McNees, City Manager
Dated:
TENANT
By,-
ATTEST:
Crystal K. Kinzel, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
William L. McDaniel. Jr.. Chairman
Dated:
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Altomey
"*€
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BY:
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Packet Pg. 606 Attachment: Marco Island City Hall 3-9-22 (21468 : Lease Agreement with the City of Marco Island for office space within the Marco Island City
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Packet Pg. 608 Attachment: Marco Island City Hall 3-9-22 (21468 : Lease Agreement with the City of Marco Island for office space within the Marco Island City