Backup Documents 02/14/2023 Item #16C 1 16C1
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
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 Commissior
RL-4 Ariv/c/ 2/23/2.3
3. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION 814240473 :itefatt
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 Contact/ Michael Dowling Phone Number 8743
Department
Agenda Date Item was Approved February 14,2023 Agenda Item Number 16.C.1.
the BCC
Type of Document Attached District Office Lease Number of Original 1
Congressman 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? 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 MD
the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney'; 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 sl 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 certair
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on February 14,2023,and all changes mac MD
during 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 BC MD
all changes directed by the BCC have been made,and the document is ready for the
Chairman's signature.
16
Memorandum
To: Minutes and Records
Clerk to the Board
From: Michael Dowling
*)
Senior Property Management Specialist
Real Property Management
Date: February 14, 2023
Subject: District Office Lease Amendment— Congressman Diaz-Balart
BCC Date: February 14, 2023
BCC Agenda Item: 16.C.1.
Please attest and provide me with a scanned copy.
Please contact me at extension 8743 with any questions.
Thank you!
Michael
C14 ,
`t).S. Mouse of Representatives
Washington,D.C.20515
District Office Lease Amendment
(Page 1 of 2- 118th 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, 2021 to January 2, 2023 for the lease of office space
located at 4715 Golden Gate Parkway, Suite One in
the city,state and ZIP of Naples, Fl. 34116 _
2. Extended Term. If applicable,the above referenced Lease is extended through and including
January 2 ,20 25 . (This District Office Lease Amendment
("Amendment")may not provide for an extension beyond January 2, 2025,which is the end of
the constitutional term of the 118th Congress.)
3. Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall now
be 10.00 . 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 118th Congress. This Amendment shall have no force
and effect unless and until accompanied by an executed District Office Lease Attachment for the
118th Congress and the District Office Lease Attachment for the 118th Congress attached hereto
supersedes and replaces any prior District Office Lease Attachment.
5. 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.
b. 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.]
t6C1
V.S. Mouse ofpresentatives
Washington,D.C. 20515
District Office Lease Amendment
(Page 2 of 2—118th 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.
G6//'v Ccui,i ,(ACC Rep. Mario Diaz-Balart
Print Name of LessorLandlord/Company rint Name of Lesse
By: - . — 7
essee nature
Rick LoCastro, Chairman
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D e Dare
,
ATTEST
-CRYSTAL K.KINZEL, LERK
BY, l� Li-_ _.- i Iv
Attst asiharrman's
,signature o41y.
Appr ed as to form and legality
tAt�;}�(9 ti,`:\j 'vt ati
Assistant County Attorney
This District Office Lease Amendment must be accompanied with an executed ��
District Office Lease Attachment. \ 1 ��1)
Cl
District office lease Amendment—instructions
THE OFFICE OF ADMINISTRATIVE COUNSEL MUST APPROVE THE DISTRICT
OFFICE LEASE AMENDMENT AND ATTACHMENT PRIOR TO SIGNATURE.
The term for a District Office Lease Amendment for the 118th Congress may not commence
prior to January 3,2023.
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 118th Congress,leases should end on January 2,2025,not
December 31,2024.
• The Member/Member-elect is required to personally sign all documents.
• A District Office Lease Attachment("Attachment")for the 1181'Congress must accompany
an Amendment.
• Prior to either party signing a District Office Lease Amendment("Amendment"),the
Member/Member-elect must submit the proposed Amendment,accompanied by a copy of
the District Office Lease Attachment for the 118th Congress,to the Office of Administrative
Counsel("Administrative Counsel")via e-mail in PDF form(leases' mail.house.gov or fax
(202-226-0357))for review and approval.
• If Administrative Counsel determines that the proposed terms and conditions of the Amendment
comply with applicable law and House Rules and Regulations,Administrative Counsel will notify
the Member/Member-elect to proceed with signing of the Amendment.
• After the Amendment and the Attachment are signed by both parties,the Amendment and
Attachment must be submitted to Administrative Counsel via e-mail in PDF form
(leasesa;mail.house.gov)or fax(202-226-0357)for final approval.
• If approved,Administrative Counsel will notify the Office of Finance that monthly rental
payments may begin. If changes are necessary,Administrative Counsel will contact the office of
the Member/Member-elect.
• If you have any additional questions about District Office Leases,please contact Administrative
Counsel by e-mail at leases!almail.house.gov.
Instructions for completing the Amendment:
• Section 1 -----Insert the time period covering the previous lease that is being amended and the
office's street address, including the city,state and ZIP.
• Section 2—Insert the new termination date(if the lease is being extended).The Amendment
must terminate on or before January 2,2025. If the purpose of the Amendment is not to change
the termination date, insert"NiA"in the space provided.
• Section 3—Insert the monthly rent amount for the extended term. In the blank space,insert any
changes or additions to the terms of the lease. If there are no other changes to your existing lease,
write"NONE"in the space provided.
V.S. M of Rep
resentatives epresentatives
6C1
Washington, D.C.20515
District Office L: ;se Attachment
(Page 1 of 5—118th Congress)
SECTION A
(Lease Amenities)
Section A sets forth the amenities provided by the Lessor to be included in the Lease.Except as noted
below,the amenities listed are not required for all district offices.
To be completed by the Lessor(required amenities):
A * High-Speed Internet Available Within the Leased Space.
Please list any internet providers known to provide service to the property:
* Interior Wiring CAT 5e or Better within Leased Space.
To be completed by the Lessor(optional amenities):
L I 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 Networking Equipment.
Telephone Service Available.
I Parking. Assigned Parking Spaces
Unassigned Parking Spaces
❑ General Off-Street Parking on an As-Available Basis
El Utilities. Includes:
❑ Janitorial Services. Frequency:
❑ Trash Removal. Frequency:
❑ Carpet Cleaning. Frequency:
❑ Window Washing. ❑ Window Treatments.
❑ Tenant Alterations Included In Rental Rate.
El After Hours Building Access.
❑ Office Furnishings. Includes:
❑ Cable TV Accessible. If checked,Included in Rental Rate: ❑ Yes 0 No
❑ Building Manager. C Onsite 0 On Call Contact Name:
Phone Number: Email Address:
GAO
1bC1
Z1.S. afouse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 2 of 5—118th Congress)
SECTION B
(Additional Lease Terms)
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 further
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 Rules 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 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,and approved the Lease by signing the last page of this Attachment.
5. 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,U.S. House of Representatives,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 cost of living clause,operating
expense clause,pro rata 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 teen of the Lease,the Clerk of the House may,at his or her sole option,either: (a)
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
��0
I6C1
VS. Jfouse of 1Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 3 of 5—118th Congress)
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 118th 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,Attn: Kellie Wilson,via e-mail at
FCLeasePaymentsamail.house.gov, and with the Administrative Counsel by e-mail at
leases(a?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
Administrative Counsel by e-mail at leases{umail.house.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,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 Administrative Counsel by e-mail at leases( mail_house.gov.
13. Bankruptcy and Foreclosure. In the event(a)Lessor is placed in bankruptcy proceedings
(whether voluntarily or involuntarily),(b)the leased premises is foreclosed upon,or(c)of any
similar occurrence,Lessor agrees to promptly notify Lessee in writing. Lessor shall also promptly
file a copy of any such notice via e-mail with the Office of Finance, U.S. House of
Representatives,Attn: Kellie Wilson,via e-mail at FCLeasePaymentstu!mail.house.gov, and with
Administrative Counsel by e-mail at leases(u 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 Administrative Counsel,
prior to Lessee signing the estoppel certificate. Lessor shall promptly provide a copy of any such
estoppel certificate to Administrative Counsel by e-mail at leasesa;mail.house.gov.
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
).S. 7-Muse of Representatives
16CI
Washington,D.C.20515
District Office Lease Attachment
(Page 4 of 5—118th Congress)
systems or equipment(including 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 failure to fulfill its obligations under Sections 15 and 16.
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. §§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.
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 certify 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.
' 6 CI
V.S. Mouse of cpresentatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 5 of 5—118h Congress)
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.
Coll 6ie„fy 066- Rep. Mario Diaz-Balart
Print Name of Lessor/Landlord nt Name of Lessee
te.......
(--l/2.67' I.
Le ee Si ature
Rick LoCastro, Chairman
Title:
1 3 /a //c91.9-4c9"
Date
From the Member's Office,who is the point of contact for questions?
Name Phone( ) E-mail _Cwmail.house.gov
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 Administration.
Signed Date ,20
(Administrative Counsel)
ATTEST
CRYSTAL$:kiNZEL►C t•
BYc 4 ( 44_
A •stasto Chairman's
signature only.
Appr ed as to4fo n and legality
NO'Jr' avm4,.
Assistant County Attorney
' ��
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District Office Lease Attachment- Instructions
The District Office Lease Attachment("Attachment")must accompany every Lease or Amendment
submitted for a Member/Member-elect's District Office.
THE OFFICE OF ADMINISTRATIVE COUNSEL MUST APPROVE ANY LEASE,
AMENDMENT,OR ATTACHMENT PRIOR TO SIGNATURE.
The term of a District Office Lease or Amendment for the 118th Congress may not commence
prior to January 3,2023.
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 118th Congress,leases should end on January 2,2025, not
December 31,2024.
• The Member/Member-elect is required to personally sign the documents.
• The Lessor must complete the amenities checklist in Section A("Lease Amenities"),
including both the"required amenities"and "optional amenities" portions.
• Section B("Additional Lease Terms")of the Attachment SHALL NOT have any provisions
deleted or changed.
• Prior to either party signing a Lease or an Amendment,the Member/Member-elect must
submit the proposed Lease or Amendment,accompanied by the Attachment,to the Office of
Administrative Counsel("Administrative Counsel")via e-mail in PDF form
(leases(amail.house.gov)or fax(202-226-0357)for review and approval.
• If Administrative Counsel determines that the proposed terms and conditions of the Lease or
Amendment comply with applicable law and House Rules and Regulations,Administrative
Counsel will notify the Member/Member-elect to proceed with the execution of the Lease or
Amendment.
• Once signed by both parties,the Lease or the Amendment,accompanied by the Attachment, must
be submitted to Administrative Counsel via e-mail in PDF form(leasesuymail.house_Rov)or fax
(202-226-0357) for final approval.
• Without a properly signed and submitted Attachment,the Lease or Amendment cannot be
approved by Administrative Counsel and payments will not be made.
• If approved,Administrative Counsel will notify the Office of Finance that monthly rental
payments can begin. If changes are necessary, Administrative Counsel will contact the office of
the Member/Member-elect.
• The parties agree that any changes for default,early termination,or cancellation of the Lease or
Amendment which result from actions taken by or on behalf of the Lessee shall be the Lessee's
sole responsibility and are not reimbursable from the Members' Representational Allowance.
• Lessor shall provide a copy of any assignment,estoppel certificate,notice of a bankruptcy
or foreclosure, or notice of a sale or transfer of the leased premises to Administrative
Counsel via e-mail in PDF form(leases(Q'mail.house.gov).