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Backup Documents 10/24/2023 Item #16F 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** 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 10/24/23 Attn. Derek D. Peny l 9' � / 2. BCC Office Board of County Commission O n r ,613 oJZ3 3. Minutes and Records* Clerk of Court's Office R�.4y . / to/3o/Z3 *NOTE TO MINUTES AND RECORDS: Please return an electronic copy of agreement to Sonja.Stephenson@colliercountyfl.gov PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Sonja Stephenson/Real Property— Phone Number 239-252-8073 Contact/ Department Facilities Management Agenda Date Item was October 24, 2023 Agenda Item Number 16.F.6 Approved by the BCC Type of Document Lease Amendment Number of Original 1 Attached Documents Attached PO number or account N/A 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?STAMP OK 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 SS by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the SS 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 SS signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on above date,and all changes made during SSl(A is no(__ the meeting have been incorporated in the attached document. The County m't'option i fo_1' Attorney's Office has reviewed the changes,if applicable. ibis'liner 9. Initials of attorney verifying that the attached document is the version approved by the IT/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the �/1 O( ab option for, Chairman's signature. V ;this line I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16F 6 v.S. Mouse of presentatives Washington,D.C. 20515 District Office Lease Anendment (Page 1 of 2—118th Congress) L 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 Blvd. 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 ,2025 . (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]. There will be an additional suite(Suite two)added on October 1, 2023. Yearly rent payment for both suites will be $20.00 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. 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.] C/tO 16F 6 VS. .-louse of 1Ppresentatives }Wasashhiinggton.DD.C.205155,..�,��} District Office ce 1.�8 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. Board of County Commissioners Rep. Mario Diaz-Balart Collier County, Florida Print Name of'Lessor/Landlord/Company int Name of Les By: Lessor Signature esse fgnature Name: Rick LoCastro Title: Chairman O cT 21, za 2 3 63) 112.3 Date Date Attest! CRYSTAL K:R:I ZEE;CLERK 1221,&11644.4._. , ttest asto,C 4rrl 4,43epu Clef. signature,only Approved as to Form and Legality: Derek D. Perry Assistant County Attorney 1\.\1142 6\\L This District Office Lease Amendment must be accompanied with an executed District Office Lease Attachment g,1 16F 6 4J.S. gfouse of Representatives Washington,D.C. 20515 District Office Lea , 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): * 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): ri 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 0 General Off-Street Parking on an As-Available Basis ❑ Utilities. Includes: O Janitorial Services. Frequency: O Trash Removal. Frequency: o Carpet Cleaning. Frequency: ❑ Window Washing. 0 Window Treatments. ❑ Tenant Alterations Included In Rental Rate. ❑ After Hours Building Access. ❑ Office Furnishings. Includes: ❑ Cable TV Accessible. If checked,Included in Rental Rate: 0 Yes❑ No ❑ Building Manager. 0 Onsite 0 On Call Contact Name: Phone Number: Email Address: 16F 6 'U.S. Mouse of cRcpresentatives Washington,D.C.20515 District Office lease Attachment (Page 2 of 5— 118th Congress) SECTION B (Additional Lease Terms) L 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 term 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 0p3 16F v.S. 1fuse of Representatives 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 l 18th 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 FCLeasePayments@mail.house.gov,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 Administrative Counsel by e-mail at leases@mail.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 FCLeasePayments c@mail.house.gov,and with Administrative Counsel by e-mail at leases(a,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 leases@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 Ov, 16F 6 V.S. grouse of 1Wepresentatives Washington,D.C.20515 District Office Lease Attachmeot (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 inforination 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. O�v 16F 6 V.S. .-louse of ftiresentatives 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. Board of County Commissioners Collier County, Florida Rep. Mario Diaz-Balart Print Name of Lessor/Landlord rint Name of Lessee By: Lessor Signature see Si uture Name: Rick LoCastro Title: Chairman 0 c?— 2 t Zo 2-3 Date Date From the Member's Office,who is the point of contact for questions? Name Phone(_ )�_.____E-mail__ r2ntail.house.gov J This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and arc approved,pursuant to Regulations of the Committee on House Atlmtnistralton. Signed Date ,20 (Administrative Counsel) Attest: CRYSTAL K. .. ELx CLERK • A test as to Chairm!k .ity C r signature srt?yt App red as toF9nmtnd Le lily: • Derek D. Perry \(\i/5 Assistant County Attorney