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Agenda 10/24/2023 Item #16F6 (District Office Lease Amendment with Congressman Mario Diaz-Balart)10/24/2023 EXECUTIVE SUMMARY Recommendation to approve a Resolution approving and authorizing the Chairman to execute a District Office Lease Amendment with Congressman Mario Diaz-Balart for additional County-owned office space within the Golden Gate Customer Service Center. OBJECTIVE: To provide Congressman Mario Diaz-Balart additional County-owned office space within the Golden Gate Customer Service Center. CONSIDERATIONS: On March 28, 2017, the Board of County Commissioners (“Board”), under Agenda Item No. 16.E.11., adopted Resolution No. 2017-055, approving a Lease Agreement (“Lease”) for Congressman Mario Diaz-Balart (“Congressman”), which allowed him to utilize office space at the Golden Gate Government Satellite Office. Subsequent amendments were approved on June 11, 2019 (Item 16.C.10), July 13, 2021 (Item 16.C.6.), and January 26, 2023 (Item 16.C.1). This arrangement was established to provide Congressman Diaz-Balart with a local presence in our community. Commissioner Burt Saunders agreed to allow the Congressman to utilize his satellite office at the Golden Gate Customer Service Center instead of using it himself, in the interests of the Congressman’s service to our community and the County’s commitment to facilitating an effective working relationship with the Congressman. The initial Lease became effective on January 3, 2019, and was scheduled to expire on January 2, 2021. However, it included a provision for automatic renewal, contingent on the Congressman's reelection. The proposed Lease Amendment incorporates Commissioner Saunders' former office, Suite Two, into the Lease Agreement, formally extends the lease through January 2, 2025, and increases the nominal annual rent from $10 to $20. It is important to note that the County assumes responsibility for all utilities, janitorial services, and local telephone services at the leased space. Long-distance telephone charges, on the other hand, will be the responsibility of the Congressman. The leasing of this space to the Congressman serves important public and community interests in allowing the Congressman to have a continuing and expanded presence in our community, and the space no longer needed for its current county purposes. The attached resolution fulfills the statutory requirements of Florida Statutes section 125.38 and authorizes the Chairman to execute the Lease Amendment. FISCAL IMPACT: The annual rental fee of Twenty Dollars ($20) 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 as to form and legality and requires majority vote for Board action. - DDP RECOMMENDATION: To approve a Resolution approving and authorizing the Chairman to execute a District Office Lease Amendment with Congressman Mario Diaz-Balart for additional County-owned office space within the Golden Gate Customer Service Center. Prepared by: Sonja Stephenson, Property Management Specialist ATTACHMENT(S) 1. 3-28-2017 Lease Agreement (PDF) 2. 6-11-2019 Lease Amendment (PDF) 16.F.6 Packet Pg. 1580 10/24/2023 3. 7-13-2021 Lease Amendment (PDF) 4. 2-14-2023 Lease Amendment (PDF) 5. 10-24-2023 Lease Amendment (PDF) 6. Resolution - 101123 (PDF) 16.F.6 Packet Pg. 1581 10/24/2023 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.6 Doc ID: 26813 Item Summary: Recommendation to approve a Resolution approving and authorizing the Chairman to execute a District Office Lease Amendment with Congressman Mario Diaz -Balart for additional County-owned office space within the Golden Gate Customer Service Center. Meeting Date: 10/24/2023 Prepared by: Title: Property Acquisition Specialist – Facilities Management Name: Sonja Stephenson 10/03/2023 3:06 PM Submitted by: Title: – Facilities Management Name: John McCormick 10/03/2023 3:06 PM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property Completed 10/12/2023 8:42 AM Facilities Management John McCormick Director - Facilities Completed 10/13/2023 9:57 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 10/13/2023 11:22 AM Office of Management and Budget Blanca Aquino Luque Level 3 OMB Gatekeeper Review Completed 10/13/2023 4:14 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/16/2023 9:10 AM Office of Management and Budget Laura Zautcke Additional Reviewer Completed 10/16/2023 12:54 PM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 10/18/2023 8:49 AM Board of County Commissioners Geoffrey Willig Meeting Pending 10/24/2023 9:00 AM 16.F.6 Packet Pg. 1582 16.F.6.a Packet Pg. 1583 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1584 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1585 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1586 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1587 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1588 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1589 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1590 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1591 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1592 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1593 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.a Packet Pg. 1594 Attachment: 3-28-2017 Lease Agreement (26813 : Congressman Diaz-Balart) 16.F.6.b Packet Pg. 1595 Attachment: 6-11-2019 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.b Packet Pg. 1596 Attachment: 6-11-2019 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.b Packet Pg. 1597 Attachment: 6-11-2019 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.b Packet Pg. 1598 Attachment: 6-11-2019 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.b Packet Pg. 1599 Attachment: 6-11-2019 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.b Packet Pg. 1600 Attachment: 6-11-2019 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.b Packet Pg. 1601 Attachment: 6-11-2019 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.b Packet Pg. 1602 Attachment: 6-11-2019 Lease Amendment (26813 : Congressman Diaz-Balart) nuclei Moo Wale Aimmdinent-listroilkas 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 Jost 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 where 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"NIA"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 space provided. D. The Member/Member-Elect is required to personally sign the documents. E. A District Office Leese Attachment for the 1 I7th Congress must accompany this District Office Lease Amendment("Amendment"). F. Prior to either party signing an Amendment,the Member/Member-Elect most 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®mail.house.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. I. If you have any additional questions about District Office Leases,please contact the Office of the Administrative Counsel by e-mail(leeses@rnini.house.gov). 16.F.6.c Packet Pg. 1603 Attachment: 7-13-2021 Lease Amendment (26813 : Congressman Diaz-Balart) US.2fouse of cpresentatives Washington.D.C.2051s Illstrlit Ono Lean Attained Page 1 of 5—1171h Congress) SECTION A Lease Amsuideal 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): IlialblassilaftractAnitilkELIkklialinnihm Please list any internal providers known to provide service to the property: Interior Wiring CAT Se or Better within Leased Snare. 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 Seace for Networking Eouinment. Telephone Service Available. P31g• n Assigned Parking Spaces Unassigned Parking Spaces General Off-Street Puking on an As-Available Basis utilities. Includes: Janitorial Services. Frequency. TrahBinoval. Frequency: Carpet Cleaning. Frequency Window WsahlnL Window T p ts. Olmantlatscasimalusludzilaintahat Alkatligicamildinglicssa Office Furnishings. Includes: Cable TV Accessible. If checked,Included in Rental Rate:O Yes 0 No Building Manager. O Onsite 0 On Call Contact Name: Phone Number.Email Address: To be completed by the Member/Member-elect(required): O The leased space will serve as my flagship(primary)District Office. O The leased space will NOT serve as my flagship(primary)District Office. Send completedform to:Administrative Counsel.117Ford House Office Budding frathbipa.D.0 20511. Copier may alto&Arced to 202-224-0317. 16.F.6.c Packet Pg. 1604 Attachment: 7-13-2021 Lease Amendment (26813 : Congressman Diaz-Balart) V.S. 'rouse ofRfpresentatives Washington,D.C.20515 iIletriet one Use Attut it Page 2 of 5—117th Congress) SECTION B Additional Lease Terms) 1. Incorporated District Office Lease Attachment. Lessor(Landlord)and Lessee Member/Member-EIect of the U.S.House of Representatives)agree that this District Office Lease Attachment("Attachment',is incorporated into end made part of the Lease("Lease")and, if applicable,District Office Lease Amendment("Amendment")to which it is attached 2. Performance. Lessor expressly eclmowledges that neither the U.S.House of Representatives the"House")nor its Offices'are liable for the performance of the Lease. Lessor!tether 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 end 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,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 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 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 term of the Lease,the Clerk of the House may.at his or her sole option,either.(a) Sand completd ions 1o:Administrative Counsel.217 Ford Koine Office Bu!ldlay Washington.D.0 20515. Copier may also beloved to 202-226-0357. Coy'` 16.F.6.c Packet Pg. 1605 Attachment: 7-13-2021 Lease Amendment (26813 : Congressman Diaz-Balart) V.S. ?rouse of Rpr~esentatives Washington,D.C.20515 Bit Office Lean Atta Ink t Page 3 of 6-117th 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 postrnariced. 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 leases@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 leases®arail.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 transfix in such notice. Lessor shall promptly file a copy of any such sale or transfer notice with the 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 promptly file a copy of any such 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 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 completedfornu to:Administtntlne Counsel 217 Fad Houle Mice Building. Waskbeloa.D.0 20315 Copies awry also be faxed se 202-226-0357. G 16.F.6.c Packet Pg. 1606 Attachment: 7-13-2021 Lease Amendment (26813 : Congressman Diaz-Balart) J.S.Mouse of cpresentatives Washington,D.C.20515 Meld Office leeco Attaole it Page 4 of 5—117th Congress) 11 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. Mahntenence of Structural Component. 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'(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 Nitre to fulfill its obligations under Sections 15,and l . I8. 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.§0 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 Ionia to:ddmMUtrotlw Corned 217 Ford Howe Office Bungling Warhington,D.0 2031 S. Copley may also brfarsd to 202-226-0357. 16.F.6.c Packet Pg. 1607 Attachment: 7-13-2021 Lease Amendment (26813 : Congressman Diaz-Balart) V.S.MOUSE of fptl sentatives Washington,D.C.20515 Matelot Mee lame Nadine Page 5 of 5—1171h Congress) 25. Construction. Unless the clear meaning requires otherwise,words of feminine,masculine or neuter gender include all other genders end,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 ratify 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. 2g. 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 bays duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. C o A I E'r Congressman Mario Diazaalart LesaoWLandl Name of Lessee By: Jors tttrY Name: k Ta, 1 O r' Title: C G ,J 1I3Ja aI Date Date From the Members Office,who is the point of contact the quesdoes? Name Phone L_J E-mail 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 Admtalstradon. Signed Date 20 Administrative Counsel) I Scud completed forms to:AdmbmOtratire Counsel.217 Ford Home Wee Buddhas.Wad bngtoa.D.0 20515. Copies may afro be faxed to 202-226-0357. ATTEST: R ,, AL K. Ki ,EL, CLERKk Attest as t0f181finan 8 rk Signatllre'only. 16.F.6.c Packet Pg. 1608 Attachment: 7-13-2021 Lease Amendment (26813 : Congressman Diaz-Balart) U.S.?rouse of 4jpresentatives Washington,D.C.20515 District Office Lease Amninent Page 1 of 2—1171h 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 a.2019 to Jar*ary 2.2021 for the lease of office space located at 4715 Golden Oats Parkway,&dle one in the city,state and ZIP of Mess,R.341 to 2. Extended Term. If applicable,the above referenced Lease is extended through and including 1sn ary 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 ito.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 end 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. 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. 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.] G4 16.F.6.c Packet Pg. 1609 Attachment: 7-13-2021 Lease Amendment (26813 : Congressman Diaz-Balart) 7.1.S.?louse of fpresentatives Washington,D.C.20515 District Office Leese Anuoinust Page 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 J"-KW, C. \tf• Co J `, Congressman Mario Diaz-Mart Print Lessor/Landlord/ . , • Name ofLessee By: L 4 l Signature , Sign Name: pew n f a Title: C a t('wt a,3 7 i 3 la 0(1/ / Date i I Ly l Approved as to form and legality CRY,'FAL ti KINLF CLERK C Avo,aunt County ti\ Attest as to Lnairman s signature only. This DirWet Office Lease Amendment must be accompanied with an executed Distria Office Leese Attachment 16.F.6.c Packet Pg. 1610 Attachment: 7-13-2021 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.d Packet Pg. 1611 Attachment: 2-14-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.d Packet Pg. 1612 Attachment: 2-14-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.d Packet Pg. 1613 Attachment: 2-14-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.d Packet Pg. 1614 Attachment: 2-14-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.d Packet Pg. 1615 Attachment: 2-14-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.d Packet Pg. 1616 Attachment: 2-14-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.d Packet Pg. 1617 Attachment: 2-14-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.d Packet Pg. 1618 Attachment: 2-14-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 16.F.6.d Packet Pg. 1619 Attachment: 2-14-2023 Lease Amendment (26813 : Congressman Diaz-Balart) I O.S. House of figpresentatioes Washington, D.C. 20515 llstrht 0fflco Loeso lrf,rlnilt (Page 1 of2 - 118th Congress) Prior Lease Term. The undersigned Landlord ("Lessor") and Member of thc U. S. House of Representatives ("Lessee") agree thal they previously entered into a District Office Lease ("Lease') (along with thc District OInce Lea^se Attachnrent), which covcred the period from January 3, 2021 for the lease of ollice spacc located at 4715 Golden Gate Blvd. Suite One tn the city, state and ZIP of Naples, Fl. 341 16 2. Extendod Term, lfapplicable, the above referenced Lrase is extended through and including Janvary 2 ,20!!-. (This District Offica Lease Amendment ("Amendment") may not provide for an extension beyond January 2, 2025, which is the end of rhe constitutional term ofthe I l8th Congress.) 3. Rent and Any Other Chinges. Thc monthly rent for thc cxtcnded term of the Lease shall now be 10.00 . All other provisions ofthe existing Lease shall remain unchanged and Distrlct Omce Lcase Attrchmcnt for ll8th Congress. This Amendment shall have no forcc and effecl unless Bnd until accompanied by an executed District Office Lease Attachment for the I l Sth Congrcss and thc District Office Lease Attachment for the I I 8th Congress attached hereto supersedes and replaces any prior Disuict Offic€ Lease Attachment. Counterparts. This Amendment may be executcd in any number of counterparts and by facsimile copy, each ofwhich shall bc deemcd to be an original but all of which together shall bc deemed to be one and the same instrument. Section Headings. The section hcadings oflhis Amendment arc for convenience ofreference only and shall not bc deemed to limit or affcct any ofthe provisions hereof. 5. Isigna tu re page fol lows.) kt JanuaN 2.2023 4. in full effect, except for the following additional terms, which are modified as indicated in the space bclow [f no additional terms are to be modified, write the word "NONE'below.l. There will be an additional suite(Suite two) added on October 1,2023. Yearly rent payment for both suites will be $20.00 6. c4o 16.F.6.e Packet Pg. 1620 Attachment: 10-24-2023 Lease Amendment (26813 : Congressman Diaz-Balart) O.S. House of Rgprxentatives Washington. D.C.20515 Ichttlfncolsrmtnuhutt (Pags 2 ol2 - 'l18th Congress) lN WI-INESS WIIEREOF, rhe parties h8ve duly executed this Distrid Olfice Lease Amend$enl as olthc later dale writtc[ bclow by thc Lcssor or thc Lcssee, Board of County Commissioners Collier County, Florida Print Name oJ' Lessor/landlord/Company By Lssor Signalure Name: Rick Locastro Titlc: Chairman Dale Attest: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approved as to Form and Legality Derek D. Perry Assistant County Attorney Rep. Mario Diaz-Balart Nane of lure el6\zz Date This Di*ict O;lJicc Lcase Ametdnent must be or:comPsnied with an execuled Disnict OIfrcc Lccsc Altscha,enl c4o 16.F.6.e Packet Pg. 1621 Attachment: 10-24-2023 Lease Amendment (26813 : Congressman Diaz-Balart) \J f tt { l! 1i tr UN L: e :. ia { 4 o 3d & 3 a cE i3 -t--,.:c,-c,:r G.r: 9:o/ct iiltraa ..dafa. sao.ra aaz.t*\ -qll L.rT D<I -),/I!TI tE-l E 7 T; h - li ,E i D !l ri l! ,A B omo)1 (D(oJ\8oaS 653q. ro 1l h tt d I ? a>co- <a691o o ,/trl" x li irI @ c) 6_ \ qr p I I -t 16.F.6.e Packet Pg. 1622 Attachment: 10-24-2023 Lease Amendment (26813 : Congressman Diaz-Balart) t* . Please list any internel providers known to provide servicc to the property | * Intcrior Wiring CAT 5e or Better within Lessed Soace. Phone Number: o\J 0.5. t{ouse of (Rg?resmtdtives Washington, D.C. 20515 Ftttofftobtso tttdmil (Page 'l of 5 - 1 tSth Coogress) SECTION A (Lege Amenitles) Section A sets forth the amenities provided by the Lessor to be included in the tease. Except as noted below. lhe amenities listed are not required for all district offices. To be completed by the Lessor (required amenlties): To be completed by tbe kssor (optlonel rmenltles): o Amenities are separately listed elsewhere in the Lease. (The bclow checklist can be left blank if the above box is checked.) The Lease includes (please check and cornplete all that apply): tr Lock ble Space for Networkins EquiDment. D Telephone Service Available. t Parkine. _ Assigned Parking Spaces - Unassigned Parking SPaccs tr General Off-Streot Parking on an As-Available Basis tr utilities. Includes: o Janitorial Servrces. Frequcncy: tr Trash Rernoval. lrcquetrcy: t: eg4gl_gfugdlf . F.cq..*.y. o Window Washins. tr Windorv Treatments. D Tenant Alteralions Included In Rental Rate. tr After Hou$ Buildinq Access. n Office Fumishines. Includes: tr Cable TV Accessible. Ifchecked, Included in Rertal Rate: tr Yes o No o Buildinc Manaser. tr Onsitc tr OD Call Contact Name:- Email Addrcss:_ 16.F.6.e Packet Pg. 1623 Attachment: 10-24-2023 Lease Amendment (26813 : Congressman Diaz-Balart) I 'U.5. t{ouse of Rgpresentatir'tes Washington, D.C. 20515 mtltut lltfto Lrcse Attadmlt (Pag€ 2 of 5 - 'l18th Congr€ss) SECTION B (Addltlonsl Lerse Terms) Incorporated Dlstrlct Ofrice Ler3e Attschment. Lessor (Landlord) and L,€ssee (Mcmber/ttember-eled ofthc U.S. House of Representatives) agree that this District Office Lease Attachmcnt ("Attachment") is incorporatcd into and made pan ofthe Lease ("Lease") and, if applicable, District Offrce Lease Amendment ("Amendment") to which it is attached. Performsnce. Lessor expressly acknowlcdges that neithcr lh€ U.S. House of Reprcscntatives (the 'tlouse-) nor its Officcrs are liable for the performance ofthe Lease. l,essor further cxpressly acknowledges thal payments made by the Chief Administrative Officer ofthc House (thc "CAO") to Lessor lo satisry L€ssee's rent obligations under thc Lease - which paym€nts are made solely on behalfofLessee in suppon ofhis/her official and represeitational dutie's as a Mcmber of lhe House - shall create no leFl obligation or liability on the part of the CAO or the House Ehataocvcr. Lessee shall be solcly responsible for the performancc ofthe Lease and Lessor expressly agrees to look solely to Lessee for such pertbrmance. Modifications. Any amendment to the Lease must be in writing and signed by tlre Lessor and Lessee. l,essor and Lessee also undersland and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel') must review and give approval ofany amendment to the Lcase prior to its execution. Comptirnce with House Rules and Regulations. Lessor and Lessec understand and acknowledge that the t ease shall not be valid, and the CAO will not authorize the disbursement offunds to the Lcssor, until Administrative Counsel has reviewed the Lease to determine thal it complies with the Rules of the House and the Regulations of the Committee on House Adminisration, and approved the Leasc by signing the last page of this Attschment. Pryment& The Lease is a fixcd lerm lease with monthly installments for which payment is due in arteers on or trefore the end ofeach calendar month. In thc evcnt ofa payment dispute. Lessor agrces lo contact the Office ofFinance, U.S. House of Representatives' at 202'225'1474 lo attempt to resolvc thc dispute before contacting L€sscc. Vold Provlslons. Any provision in the t €ase purporting to require the payment of a sccurity deposit shall havc no force or effect. Furthermore, any provision in the Leasc purporting to vary the dollar amount ofthe rcnt specified in the Lease by any cost ofliving clause, operating expensc clause, pro rats expense clause, escalation clause, or any other adjustrnenl or measure during the term oflhe Lease shall have no force or effect. Certain Cherges. The parties agree that 8ny charge for default, early lermination or cancellation ofthe Lease which results fiom actions taken by or on behalfofthe l-essee shall be the sole responsibility ofthe Lcssee and shall not be paid by the CAO on behalfofthc Lesscc. Derth, Resignstion or Removal. In the evcnt Lcssee dies, resigns or is removed from office during the term ofthe Lrase, the Clerk ofthe House may, al his or her sole option, either: (a) terminate the Lease by giving thifiy (30) days' prior written notice to Lessor; or (b) assumc the obligation ofthe Lease and continue to occupy the premises lbr a period not to exceed sixty (60) days following the certitication of the election of the Lessec's successor. ln the event the Clerk elects to terminate the Lease, the comtnencement date ofsuch thirty (30) day termination notice z. 4. 6. 7 It. oyc 3. 5. 16.F.6.e Packet Pg. 1624 Attachment: 10-24-2023 Lease Amendment (26813 : Congressman Diaz-Balart) I 'U.5. fiouse of fupresentatioes Washington, D.C. 20515 mUftrt 0tfto Losso tttffi (Page 3 of 5 - 118th Congr€ss) shall be lhe date such notice is dclivered to the Lessor or, if mailed, the date on which such notice is postmarked. Term. The tenn of the lrase may not excced thc constitutional term of the Congress to which the Lessee has been elected. The Lease may bc signed by the Mernber-clect bcfore taking office. Should the Member-elect not take office to serve as a Mcmbcr of the I I Eth Congress, the Leasc will be considered null and void. Early Termlnatlon. 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 termhstion notice with the Office of Finance, U.S. House of Representatives, Altn: Kcllie Wilson. via c-mail at FCLeasePavmen .h orl5e.so\, and with the Administrative Counsel by e-mail at lcases@mai l.house.gor' A.$rlgnments. Lessor shall provide thirty (30) days prior written notice to kssee before assigning any of its rights, interests or obligations under the [,ease, in whole or in part" by operation of law or otherwise. Lessor shall promptly file a copy ofany such assignment notice with Administrative Counsel by e-mail at !9q!9q@i!.bg$g89y. Lessee and the House shall not be responsible for any misdirected paymenls r€sulting from l,essor's failure to file an assiSnment notice in accordance with this section. Sde or Tmnsfer of LerEed Premls$, trssor shall pmvid€ thirty (30) days prior written notice to Lessee in the evcnt (a) ofany sale to a lhird party of any part ofthe leased premises, or (b) Lessor transfers or otherwise disposes ofany ofthe leased premises, and provide documentation evidencing such sale o, transfer in such notice. Lessor shall promptly file a copy of any such sale or traDsfcr noticc with Administrativc Counscl by c-mail at leases@)mai l.housc.gov B!trkruptcy rnd Foreclosure. ln the event (a) Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily), (b) the leased premises is forcclosed upon, or (c) ofany similar ocalrrence, Lessrr. egrees to nromptly noti$ [-essee in lriting. I-cssor shall also DromDtly file a copy ofany such notice via e-mail with the Oflice ofFinance, U.S. Housc of Representatives, Attn: Kellie Wilson, via e-mail at FcleasePaYments@mail.house.qov, and with Administrative Counse I by e-mail at leases@mail.house.gov. Estoppel Certificrtes, Lessec agrces to sign an estoppcl certificate rclating to the leased premises (usually used in instances wher the Lessor is selling or refinancing the building) upon the request ofthc Lessor. Such an estoppcl certificate shall require the review of Administrative Counsel, prior to Lessee signing thc estoppel certificate. I-essor shall promptly provide acopy ofany such estoppel certificate to Administrative Counsel by e-mail at leases@nnil.house.qov. Meintenrnce of Common Arcls. Lessor agrees to maintain in good order, at its sole expense, all public and common arsas of the building including, but not limited lo, all sidcwalks, parking areas, lobbies, elevstors, escalstors, entryways, exits, alleys and other like areas. Malntenence of Structunl Components. Lessor also agrees to maintain in good order, repair or rqrlace as needed, at its sole expense, all structural and othcr componcnts offte prcmises 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 10. ll. 12. 13. 14. 15. 16. ov- 16.F.6.e Packet Pg. 1625 Attachment: 10-24-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 20 17. tE. 19. 21. 't< '0.5. ffouse of fupresentatives Washington, D.C.20515 Btrtt0fnm h$s ttmmil (Page 4 ol 5 - 118!h Congress) systems or equipment (inctuding window air conditioning units provided by the Lessor) serving the premiscs. Lessor Lhbillty for l-sllure to Msintain. Lessor shall be liable for any damage, either to penons or property, sustained by Lessee or any of his or her employces or guesls, caused by Lessor's failure lo fulfill its obligations under Sections l5 and !!. lnltlal Alteretlons. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subjecl to Lessor's consent which shatl not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. Federal Tort Claims Act. Lessor agrees that the Federal Ton Claims Act' 28 U.S.C. $0 2671- 80, satisfics any and all obligations on the part of the Lessec to purchase private liability insurance. I-essee shall not be required to provide any certificates ofinsurancc 1o l-essor. Llmltetion of Liabillty. L,essor agrees that neither Lessee nof the House nor any oflhe House's officcrs or employees will indemnify or hold hamrless Lessor against any liability of Lessor to any third party that may arise during or as a result ofthe Leas€ or Lessee's tenancy. Compliance with Lrrvs. Lcssor shall be solely responsible for complying wirh all applicable permitting and zoning ordinances or requircments, and with all local and state building codes' iafety codes and handicap accessibility codes (including the Americans with Disabilities Act), both in the common areas ofthe building and the leased space of the Lessee. Electronlc Funds Trensfer. Lessor agrees to accept montbly rent payments by Electronic Funds Transfer and agrecs to provide the Office ofFinance, U.S' House of Representatives, with all banking information necessary io facilitate such payments. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the I-essor hy the CAO for any period for ['hich rent is not owed because the Lease has ended or been terminated. Contllct, Should any provision ofthis Attachment be inconsistent with any provision ofthe attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsislent provisions ofthe Lease or the Amendment shall have no force and effect to the extent of such inconsistency. Construction, Unlcss the clcar meaning requires otherwise, words of feminine, ma.sculine or neuter gender include all other genders and" wherever appropriate, words in the singular include the plural and vice versa. Frlr Mrrket Value. The Lcase or AmeDdmcnt is cntered into at fair markel valuc as the rcsult ofa bona fide. armsJength, marketplace transaction. The Lessor and Lessee certify that the partics arc not relalives nor have had, or continuc to have, a professional or legal rclationship (except as a landlord and tenant). Dlstrict Certlrlcrtion, The l,cssec certifios that lhe office space thal is the subject ofthe Lease is located within the disffict thc Lessce was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 22. 23. 24. 26. oi-- 16.F.6.e Packet Pg. 1626 Attachment: 10-24-2023 Lease Amendment (26813 : Congressman Diaz-Balart) 0.5. I{ouse of Qgyresentatives Washinglon, D.C.20515 llrfitut llffts Lsaso lttilm0m (Pag€ 5 of 5 - 't'l8h Congress) 28. 29. Sectlon Headlngs. The section headings ofthis Attachrnent are for convenience of reference only and shall not bc dcemed lo limit or affect any oftte provisioos hrcof. IN WTrNESS WHEREOF, thc panies have duly cxecuted rhis District Ofhcc Lease Attachmctrt as of thc lster dste written below by the Lessor or the lxssee. Board of County Commissioners Collier County, Florida Rep. Mario Diaz-Balart Pint Name of l,essor/Landlord nt Nome of 7 Counterprrts. This Attachment may be executed in any number of countcrparts 8nd by facsimilc copy, cach ofwhich shall bc decmcd to be an original but all ofwhich togcther shall be dcemed to be one 8nd the same insFument. tsy Lessor Signature Name: Pigk LoCastro Title: Chairman \\s\zV I)ate Datc From thc Mcrhber's Of[ce, who is thc point ofcontrct for questions? N3me E-m.il Thli Dtstrlct Oflice Leaic Attrchment snd the rttr.hcd Lerie or Amcndmcnl hlvc becn rerierYed .nd rrc rpproved, pursutot to Rcgul.tiotrr oflhe Commiltc€ on llousc AdDhllrrllotr' Siencd Date (Administrolive Couscl) 20 Attest: CRYSTAL K. KINZEL, CLERK Deputy Clerk Approvcd as to Form and Legality: Derek D. Perry Assistant County Attorney op 16.F.6.e Packet Pg. 1627 Attachment: 10-24-2023 Lease Amendment (26813 : Congressman Diaz-Balart) RESOLT-ll'tON NO.2023- RI,SOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COI,LIER COUNTY, I'LORIDA, APPROVING A LEASE AMENDMENT BETWEEN COLLIER COUNTY AND UNITED STATES CONGRESSMAN MARIO DIAZ-BALART FOR USE OF OFFICE SPACE WITHIN A COUNTY-OWNED BUILDING. WHEREAS, said Lease has been amended from time to time, specifically on June I l, 2019 (Agenda Item No. l6.C.l0). July 13,2021 (Agenda Item No. 16.C.6.), and January 26, 2023 (Agenda Item No. 16.C,1); and WHEREAS, the Congressman desires to lease additional space within the Golden Gate Customer Service Center currentlv used as a satellite office for Commissioner Burt Saunders ("Additional Office"); and WHEREAS, Commissioner Burt Saunders agrees to allow the Congressman to also utilize the Additional OlJlce instead oI using it himself as a satellite oflloe, in the interests of the Congressman's service to our community and thc County's commitment to facilitating an effective working relationship with the Congressman; and WHEREAS, Florida Statutes section [25.38 allows the Count]- to lease property to the lJnited States government lor public or community interests and welfare when said properry is required lbr such use and is not needed lor county purposes: and WIIEREAS, u,hen leasing such property, Florida Statutes section 125.38 requires the Board to adopt a resolution stating that application is being made. as well as the purpose, rent, and term o['the lease; and WHEREAS. the Board is satislied thal tlre Leased Office and Additionat Office may be used by and is required for the Congressman and is not necdcd for County purposes. [23-RPR-03687/182 r l l9/ r 'l Pagc I of2 cao WHEREAS, on March 28, 2017 . Agenda Item No. 16.E. I I , the Board of County Comrnissioners of Collier County ("Board") approved Resolution No. 2017-055 and entered into a lease agreement ("Lease") u'ith Congrcssman Mario Diaz-Balart ("Congressman") fur the use of office space in a County-owned building located u,ithin the Golden Gate Customer Service Ccnter, 4715 Golden Gate Parkrvay. Naples, Irlorida 341 l6 ("Leascd Office"); and WHEREAS, the Congressman made application to amend the Lease to include the Additional Of'fice for congressional office purposes. for the amended nominal rate of $20.00 per year ernd at a term extended to January 2,2025, with two-year automatic renewals thereafter; and 16.F.6.f Packet Pg. 1628 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, I'LORIDA, that: l. The abovc recitals are true and corrcct and incorporated herein by ref'erence. 2. The Board of County Commissioners approves the I-ease Amendment between Collier County and Congressman Mario Diaz-Balart, attached hereto and incorporated herein as Exhibit "A". 3. l'he Chairman ol'the Board of County Commissioners of Collier County. F'lorida, is hereby authorized to execute the attached Lease Amendment. THIS RESOLUTION ADOPTED aller motion, second, and maiority vote favoring same, this 24th day ol'Octobcr 2023. ATTEST: CRYSTAL K. KINZEL, Clerk B)': . Deputy Clerk Approvcd as to form and legality: Derek D. Perry Assistant County Attomey Attachments: Exhibit "A" - Lease Amcndment BOARD OF COUNTY COMMISSIONERS COLLIER COLINTY, FLORIDA By, Rick LoCastro, Chairman [23-RPR-03687/l 821 I l9/ r ]Page 2 ol'2 q{9 16.F.6.f Packet Pg. 1629 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) E,XHIBIT 6(A)) Lease Amendment 6aol2.l-l.rPR-0.r687/t 821 I t91l I 16.F.6.f Packet Pg. 1630 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) 1).5. I{ouse of frgPresenutives Washington, D.C. 20515 fEHlfhtmlmHt (Pags 1 of 2 - 118th Congr€8s) Prlor lrrrc Term. Thc undersigned Landlord ("Lcssor") and Menrber of thc tl. S. Housc of Represcntativcs ("I-essee") agret lh8t they prcviously cntcrcd into a Districl Office Lease ("Le8sc") (along i,!ith thc District Ofice Lcase Auachnrcnt;, which covcrcd the period fmm January 3. 202'1 vo January 2,2023 for thc lcasc ofollicc spacc located at 4715 Golden Gate Blvd. Suite One tn the city.sratc and ZIP of Naples, Fl. 3411t, 2, Ertcndcd Term. lfapplicable, thc above refercnced l-cast is extende{ through and including January 2 ,2025 . (This District Olficc Lease Amendment ("Amendm€nt") may not provide for an cxtension beyond January 2,2025, which is $c end of rhe constitutional term of thc I l Sth Congrcss.) 3. R€nt rnd Any Other Chenges. 'fhc tnonthly rent for thc cxac'nded tcrm ofthe Lcasc shall now All other provisions ofthc cristing t elase shall remain unchanged and in full effect, cxcepl for the following additional terms. which are modified as indiceted in thc space bclow [f no additional tcrms uc to be modificd, write thc word "NONE" below]. Thsre will be an additional suil€(Suite two) added on October 1,2023. Yoarly rent paymont for both suites will be $20.00 Dlttrlct Ofllcc l.e.te Attrchmcnt for t ltth Congrers. This Amen&nent shall have no fo,"-c and effect unlegs and until accompanied by an executed District Officc Lease Attgchm€nt for thc I ltlth Congrcis and thc Distriet Ofllcc Lease Alachrnenl for thc I I Eth CongrLrss snachcd hcreto superscdes rnd replaces any prior Disricl Office Lease Attschmcnt. Couna€rprrtr. This Amcndmcnt may be exscutcd in any numbcr of countcrpans and by facsimile copy, cach of which shall bc decmcd to bc an original but all of which togahcr shall bc dccmed to be onc and the same instument. Sealon Hcedlnp- The se'clion hcadings ofthis Amendmenl Erc for convenicncc of referpnce only and shall not bc decmed to limit or affcct sny ofthc provisions hereof. lSignature Page .lbllor+'s l { 5. 6. l. be 10.00 c4c) 16.F.6.f Packet Pg. 1631 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) 'U.5. l{ouse of Rtpresentatives Washingon. D.C. 205 | 5 rttttffro Lnso tnuffiil (Page 2 ol 2 - l18th Coq.ess) IN WIl NESS wllEREOtj. thc panics havc duly cr.ccuted this District Ollice Lease Amendrnsnl ss olthc htcr datc \+ritlcr bclow by thc Lcssor or thc Lcsoc. Board o1'I orrnll' ('onrnrissionr,'rs Collicr f ountr'. Florida Print Ndme ol Les sor/Landlord/Coapony 81. ltssor Signature Namc: R ick I-o( irstro Tirlc: ('hainnan l)tt Attcst: ('RYSl Al K. KlNZt1l.. ('t-t'RK l)cput1 ( lcrk Approlcd as to Fonn antl Lcgalitl: Derek [). Pcrry Assi stant (irunt.v Attomcl- Rep. Mario Diaz-Balart Nane oJ atl t^E\7) Dot<, Thls Dis*ict Ollicc L.as. Ai cndn.nt ,rtust bc eecomPaaicd r.ilh ar, .x.cul.d Dktrict Ollicc Lcasc Attcchd..nL (4o 16.F.6.f Packet Pg. 1632 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) o,,a I -'--'--......- l - li; Ir -, lr li '4 I,t I tr ,l t J ll ( I I ! I 1o 'l It r, t4> G= JEto) a o Y tt omQI 6 !o,\8orS offEtrO l!rl I 1 J -r e ---'1 '! ,i rlI'iit t E €":r .r:a 9terct : iflii: ,) i 1i,l :I 'li EfJ E 6- ? UN Ili,! !a,f\ l7 qlahI' ;'! .t 5 @r*9 I I I ti I g L t: ! t \ 16.F.6.f Packet Pg. 1633 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) 'U.5. flouse of Rrpresentatives washinglon. t).('. 2{)5 I 5 Btrtstffm0 ban tttrmut (Pag€ 1 oI5 - l18th Congr8ss) SECTION A ( Lc[e Amcnitles) Section A sets forth the amenities provided by rhe Lcssor to be included in the lrasc. Exccpt Es notcd bctow. thc amenities listed are nor re{uiretl for all district otlices. Io be comphrcd by th. Le$or (requircd rmenhie.): I * Hiqh-.Socrd ttrternet Avrihbk r^'ithln thc Lt'.scd Sorce. Plcasc list any intemct providcrs kno$'n lo Providc scrr icc to lhc prupcrtl : I t lntcrior rrt'irlns CAT 5e or Bettcr within l,srsed Snuct. 'l'o bc compl€ted by the Le$or (optlonrl tm€nltl6): a Amenitics are seJwately listed clscwhcrc in the Lcase. (The bclow checkli$ csn be left blank if thc ubove box is checked.) Thc Leasc includcs (plcase chcck and cornplctc all that apply): c@jpuoent. El Tclcohone Scrvic€ Av8ilEble. I Parftiqq. _ Assigncd Porking Spaces _ Unossigned Parking Spoces tr Gco€ral Off-Sftct Parking oo an As-Availablc Basis o Urilitics. Includes; tl JBnilorial Serviccs. Frequcncl r o Trash Removsl. Frequcncy: r r Cdrl)cr Clculli|l{. Frcqucr[-r D Window Washinc. tr Windorv'I o 'l enant Alterations Included ln Renlal Ratc. u Aller Hours Buildinp Access. n Oflice Fumishines. Includes: o Cable Tv Ac.essible. lfchc*kcd, Includetl in ReDtal Rrte: tr Ycs tr No tr Building Managcr. o Onsite tr On Crll Contact Name:- Phonc Numbcr:Flmail Addrcss g1{ 16.F.6.f Packet Pg. 1634 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) 3 4 'U.5. ffouse of tPgpresenutives Wasbington, D.Cl. 205 I 5 IrrH0fftolmtttffi (Pag€ 2 of 5- 118th Congress) su(:TloN B (.{ddltionrl l,ersc'f erms) Itrcorporrted Dlslrlct Omcc Lerle Aatlchm€rtt. Lessor (Landlord) and Leisec ( Mcmbcr,Membcr{lect otthc U.S. Housc of Rcprcscntati\,es) agrcc that this Di$lricl Office Leasc Attachmcnt {"Attachmcnf') is incorporatcd into and mgdc Prn oflhe Lcase ("Lcasc") aod' ifapplicable, District Office Lcase Amcndmcnt ("Amendmcnt") to which it is anrched. Performencc. Lessor exprc*sly acknowhdgcs that ncilhcr thc U.S. House of Reprcscntatives (thc'tlouse') nor il.s Officcrs ar€ liable ftrr the pcrformance of lhe Lcse kssor furthcr cxpressly acknowledgcs that payments made by thc Chief Administrativc Officcr of thc House (the 'CAO") to Lessor to satis$ Lcsscc's rsnt obliSrtions undcr thc Lease - which poymcnts ure madc solely on bchalfofLcssce in suppon ofhisiher official and rcprcsentational duties as o Mcmber ofthc llousc - shall creare no legal obligation or liability on the part ofthc OA0 or the House rvhsisocvcr. Lcssee shall be solcly rcsponsible for ftc pcrformancc of thc l-case and Lessor expressly agreos !o look solely to Lcssce for such perlbrmancc. Modlflcrtloor. Any amendmert rc the Lcasc must be in writing and signed by thc Lessor and Lessee. Lcssor and Lessee also understand snd ackDowledge that thc Adn nistrativc Counscl for lhe CAO ("Administrative Cqunsel") must revicw and givc appmval ofany amendmenl to tbe Lcsse prior to itr Erccution. Complirncc tvlth Housc Rrlci lnd RtSulrtiolts. LL'ssor &nd Lessec tmdcrstand and acknowlcdge lhal the t-ca* shall not bc valid, and the CAO will not author,r the disbursemcnl of funds to thc Lessor. uolil Administralive Counscl has reviewgl thc Lcasc lo dctcrminc tlut it complies nith thc Rulcs ofthe House and thc Rcgulations ofthe Commincc on llousc Administration, and approvcd thc Leasc by signing thc last page of fiis Anschnlcnt. 6 Prymenta Thc Lcasc is a fixcd term leasc with monthly installmens for which paymenl is duc in nrn'er< nn or hefirre the end ofcach cale.Idar month. ln thc evcnl ofo nayment dispulc, Lessor ugrces lo contact the O{fice ofFinance, U.S. ltouse of Rcprcsenlativcs, at 202'225'7474 to attempt to rcsolvc thc dispute beforc contacting Lesscc. Vold Provlclonr. Any provision in the l.easc purponing to requirc thc paymcnt ofa sccurity dcposit shall havc no forcc or efi'c.ct Funhcrmore. any provision in thc Lcasc purponing to vary the dollar anrount ofthe rcnt qx'cified in thc Lcasc by any cost ofliving clause, operatlng cxpense clause. pro rdta cxpcnsc clausc. cscalstion clause. or any other adjusunent or measure during thc term ofthc Leasc shall have no force or cffect. Crrtrin Cherger. The pani€s agrce lhat any charge for defauh. early termination or canccllation uflhe Leasc which rcsults from aclions takcn by or on behalfof the l-cssec shall bc thc zulc rcsponsibilit-y ofthc Lcsscc and shall txrt be paid by the CAO on bchalfofthc Lcsscc Dc[th, Rerignrtion or Removal. ln thc cvcnt Lcsscc dies. rcsigns or is removcd from officc during the tcrm ofthe Lease, the Clcrk oftte House may. at his or her sole oplion, ei$cr: (a) tcmrinatc thc Lcasc by giling thirty (30) dsys' prior \,r'rittcn noticc lo Lcssor: or (b) assumc thc obligation ol'the Lcasc and conlinue lo occupy thc prcmises lbr a period nol to exccad sixty (60) days following the certilication of thc elcction ofthe l-c*scc's successor. ln thc cvent the Clcrk elccts to terminale the Lease. thc cornrncuccment date ofsuch thirty (30) day tcrmination notice 7 lt. I 2. oyJ 16.F.6.f Packet Pg. 1635 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) 9 'U.5. ilouse of Wpresentatives Wushinglon. D.C. 20515 l[ltr5tffmoba$lttffi (Page 3 of 5- llEth Congross) shall be the date such notice is dclivercd lo the Lcssor or, if mailcd, lhc date on which such noticc is poslnrarkcd. Term. The term of the Lease rnay not excced the constitutional tcam of lhc Congrcss lo which thc Lessec has becn elcctcd. Thc Leasc rnay hc signed by thc Membcr-clcct bcforc taking office. Shoukl the Member-eloct not takc ofricc lo scrve as a Mcmbcr ofthc I lEth Congrqjs, thc Lcasc will be considered null and void. Srle or Trrnrfer of l.cmd Prtmlrer. Lessor shall provide thiny (30) days prior wrinen notice to Lcssee in the ctcnt (a) ofany sale to a third pany ofany Psn ofrh€ lcalcd prtmises. or (b) [.essor transtcrs or othcnrise disposcs ofany ofthc leased prcmiscs, and provide documcnlation evidencing such sale or trarnsfer in srrh nolicc. Lessor shall promptly file a copy ofany such sale or transfcr noticc with Administerir.c Counscl bv c-mail st h:ascs{4r mail.housc.gor Brnkrlplcy rnd Foreclorure. ln thc evcnt (a) Lcssor is placcd in bankruptcy proceedings (whcther voluntarily or involuntarily), (b) thc lcascd prcnrises is forccloscd upon. or (c) ol'any *imihr occrrrrencc, I ex<or rgree< 1o promprly norify I essec in $'riting T.cssor shall glso nromptly filc a copy ofany such notice via c-mail with thc Oflicc ofFinance. U.S. Housc ol' Reprcscntatives, Attn: Kcllic Wilson, vis e-mail at FCLcasePavmenls/a)mail.housc.sor. and with Administrativc Counsr,l hy c-mail at lclsc rr.rrl.lrlttri' f,stoppel Certilicetcs. Lcsscc agrccs to sign an esloppcl cenificate relating to the leased prcmises (usually used in instances wher the Lessor is selling or refinancing the building) upon thc n:quest ol'tlc Lessor. Such an cstoppcl ccnificatc shall rcquirc thc revic* of Administralivc Counsel. prior to Lesscc signin8 the estopp€l ccnific8le. I.essor shall promptly provide a copy ofany such estoppel ccnificate to Administrative Counscl by c-mail at leases(rilmail.house.sov. Mrlntenuce of Common Artt:, l,cssor agrecs to maintain in good order, sl its sole cxPense. lrll public and common aruas of lhc building including, but not limited lo. all sidcwalks. parking areas, lobbiei, elevators, cscalstors, cntrywrys, cxits, allcys and othcr likc areas. Mrlnlenafice of Structurrl Componenlg. Lessor also agrccs to maintain in good ordcr, rcpair or rqrlacc as ncctled. at its solc cxpcnsc. all structur.ll and otlrcr componcrrts of thc nrcmiscs including^ but nol limitcd to, rur{is, ccilings. walls (interiorand cxterior), floors, rvindows, do<rni. Ioundations. hxturcs, and all rncchalical, plurnbing, electrical and air condilioning/hcating t0. . t 2. l -1. t 1. 15. t6. Errly 'Icrmlmtlon. [f either Lcssor ur Lessec terminatcs th€ Lcasc utder lhe terms of the Leasc, the terminating party agrees to promptly filc a copy ofany terminstion notice with fic Office of Finance, U.S. House of Representalilcs, Attn: Kcllie Wilson, via c-mail at FCLeasePaymen$r{4mail.horl.,ie.(o1 . and with thc Adnrinistrative Counscl by e-mail at lca.scs(r!ma il.house.sor . A3.rlgnrrcetr. Lessor shall provid€ thirty (30) days Prior rrritt€t nolice lo Lcssc'e bclbre assigning an.,- of its rights, interests or obligations under the Lcase, in whole or in parl by operation of law or other*'isc. Lessor shall promptly filc a copy of any such assignmcnt nolicc rf,ith Administrative Counsel by c-mail al lcascs{aimail.housc.soY. Lcssec sd thc House ch8ll not bc rcsponsiblc for any misdirectcd paymcnts rcsulting from Lessor's fsilurc to filc an sssigDmcnt notice in accordance with this scction. ov 16.F.6.f Packet Pg. 1636 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) 11. U.S. ilouse of Ropresentanoes Washinglon. D.C. 20515 BrHllfffitEAtffit (Paqe 4 of 5 -'l 18lh Coogr"ss) syslc[ts or equipment (including window air conditioning units providcd by the LcssoI) serving thc premiscs. Lessor LhbUl(v for l'ellurt lo Mrlntrln. Lcssrtr shall be liable for an) damage, eithcr to psnrofls or pr(,pert], sustained by Lcsscc or any of his or hcr cntployecs or gue'sts. cuuscd by Lcssor's lhilurc lo fulfill its obligatioru unds Sesligl!-ll and .!..Q. tt. lnltld Altsrttloai. Lessor shall make any initial alterations lo the loscd prcmises. as rcquested by ;ssec and subiect lo Lcsror's conscnl which shall not be unre&sonably withheld. The cost of such initial altcrations shall be included in thc annual rcntal rate. 19. rcd.nl Torr clrlnr Acr. l-rssor agrees that rhc Fcdcral TonclaimsAct,23 u.S.c. $$ 2671- 80. satisfics any and all obligarions on the pan ofthe Lesscc to purchar€ pfivslc lisbility insurancc. I*ssce shalt not bc requircd lo providc 8ny cerlificatcs ofinsutancc lo las6or' 20. Llmlletlon of Lhblllty. lrssor agrecs th8l ncither Lcssee nor the Hotae nor 8ny ofthc Housc's olficcrs or cmployccs will indemnify or hold harnrlc'ss Lcssor againsl any lisbility of Lcs:rr to any third party that rnay arisc during or as a rcsult oflhe LeEsc or Lcsscc's len8ncy. 21. Complirncc with Lrwr, f.cssor shall bc solcly rcsponsiblc for complying with all applicablc pL,rmining and zoning ordinanccs or rcquircments, and with all loeol and stste buildinS codes, safery- codcs and handicap accessibility codcs (including the Amcdcans with Disabilities Act), both in the common arc.as ofthe building and the leascd spacc of the Lcssec. 22. Elcclronlc Fundr Trrnrfcr. Lcssor agrccs to accepl monlhly rcnt paym€Dt6 by Elcctmnic Fuods Transl'er and agrecs to providc thc ofhcc of Finance. U.S. House of RePrcscntalives, wilh all banking information necessary lo facilihlc auch psyrncnts. 23. Refundr. Lcssor shall promptly refund to thc CAO' without formal dcmand. any ptymcnt made to tht' I ersor hy rhc ('AO l'or ony p(riod for which rent is not owcd bccausc lhe Lca$ has cndcd 0r been trrminalcd. 24, Connlcl. Should eoy pnrvision ofthis Anachmcnt bc inconsistent with any provision ofthe attached Lcase or attachcd Amerdmcnt, thc provisions of this AtEchrncnt shall cmtrol, and thosc rnconsistenl provisions ol'thc Leasc or lhc Amendment shlll havc no force and effect to the extcnt of such inconsislcncv. Co[rlructior, Unless th€ clcat mcaning roquircs olhclwisc, words of fcrninine. macculinc or neuler gendcr include all othcr gcnders and, whetever appropriate. words in thc singular includc thc plural and vice vctsa. Frlr Mrrkel !'rluc. The Lcase or Amcndmtnt is cntered into 0t fair markct valuc as 0lc rcsult ofa bona hde. arnrs-len!(h. markctplacc transaction. The Le*sor and Lcss€e ccnify thal thc parlies arq not rclstivcs nor havc had, or continuc to hsve. a profcssional or legal rclationship (exccpt os a lautdlord und tenant). Dlslrlcl C8rtlllcrtlon. The Lrssec ccrtifies that thc officc space lhst is the subject ofthe Leasc is locatr'd within the district lhc Lesscc was clectcd to reprcscnt unless othcrwise authorized by Ilcgulations ofthe Comnrittce on Housc Administration. 25. 26. 71 oL. d 16.F.6.f Packet Pg. 1637 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart) U.S. I{ouse of furyresentath,es W&shinglon, D.C. 20515 mrH0fmttmrfidnmt (Pag€ 5 of 5 - l lSh Congress) 2t. Colnlcrprrls. This Attachmc[l msy bc executcd in any numbcr of counlcrpons und by l'acsimilc copy, cuch of which shall bc decmcd to be an original but all of which togr,'ther shall be dccmed to bu one und lhe ssme instrument. 29. Sccrlon Herdlngr. Thc section hcrdings of this Anschlrrtrl are for convc'nicncc of rcfcrcncc only and shall not bc dcrmcd io limit or affcd any ofthc provisions hcrcol ni WmiESS WHEREOF, thc panies have duly cxecuted this Disrict Oflicc Lcase Allachmat a-r of &c laier dale wrincn bclow by thc Lessor or lhc Lsssec. lloard of C'ountr ( trnrnrissiorrcrt ('ollicr Countt. I' lorida Prut Nome of Les.sor/l,andkrd tly, Lastor Signorure Nunc: pig1 LoCastro Titlc: Chairman Rep. Mario Diaz-Balarl nl Numc ol L,"ls 7 ec Si q\6\2) Dott ertnLr!t lirr qu(rtkrrl!'l t-rn rl Thlr Dlrtrlct ()fllce l.cric Allrchmcnl and thr.,ilrahcd l.ctr( or AEcndmcnl htv. bGcn rcvlcrntd tnd trc rpptorcd. gqrtuart lo RcBultlions of thG (lonrmhlaa on ]louta AdtDl!lrlrallotr. Signcd l)ari :0 (Administrstivc C(xrrel) .\ t tcs t: ( RYS]..\L K. KINZI:t . ( I I;RK Dcput-v" Clcrk Appnrved as to Forrn and L!.gality I)cr|'-k D. Pcrr)' r\ssistant ( ount\ Att()rnc\ CYg 16.F.6.f Packet Pg. 1638 Attachment: Resolution - 101123 (26813 : Congressman Diaz-Balart)