Agenda 12/12/2023 Item #16F 3 (Establish a policy for leasing a county-owned mobile home at the Paradise Coast to law inforcement officers)SEE REVERSE SIDE
Proposed Agenda Changes
Board of County Commissioners Meeting
December 12, 2023
Continue Item 16F3 to the January 9, 2024 BCC Meeting: Recommendation to establish a policy for leasing a
County-owned mobile home at the Paradise Coast Sports Complex to law enforcement officers for greater onsite
law enforcement presence, adopt a standard lease template, and authorize the County Manager or their designee to
execute such leases. (Staff’s Request)
Notes: Correction to item 17C: The “Whereas, staff also recommends changes” statement on page 2 needs a
date change to October 1, 2023. (October 1, 2024, was listed in the uploaded resolution.)
Items 10A and 10B were both sponsored by Commissioner Saunders
TIME CERTAIN ITEMS:
Item 10A to be heard at 10 AM: Golden Gate Golf Course Presentation.
Item 11C to be heard at 11 AM: To have the Board hear a presentation by ResourceX relative to Board direction
to recommend an approach to achieve improved budget priority alignment, efficiency, cost containment,
accountability, and transparency.
Item 10B to be heard at 1 PM: Advertisement for a twelve-month moratorium on privately-initiated Growth
Management Plan amendment applications for properties located adjacent to (1) Immokalee Road from I-75 east to
Oil Well Road, and (2) Vanderbilt Beach Road from I-75 east to its end, while Growth Management Plan
amendments are vetted with the public and advisory boards.
12/12/2023 10:46 AM
12/12/2023
EXECUTIVE SUMMARY
Recommendation to establish a policy for leasing a County-owned mobile home at the Paradise Coast Sports
Complex to law enforcement officers for greater onsite law enforcement presence, adopt a standard lease
template, and authorize the County Manager or their designee to execute such leases.
OBJECTIVE: To establish a policy for leasing a County-owned mobile home at the Paradise Coast Sports
Complex (“Sports Complex”) to law enforcement officers for greater onsite law enforcement prese nce, adopt a
standard lease template, and authorize the County Manager or their designee to execute such leases.
CONSIDERATIONS: The County does not have a policy or procedure in place for allowing residential occupancy
in exchange for law enforcement presence on County property. To have greater local law enforcement presence at
the Sports Complex, the County desires to rent an onsite County-owned mobile home to a law enforcement officer.
The lease document and administrative process are modeled after, and essentially mirror, the school board’s
standard form agreement and process for law enforcement officers living on school grounds. The main difference is
that the school district leases the underlying pads, and the law enforcement officer provides their own mobile home;
whereas the County seeks to lease a County-owned mobile home to a law enforcement officer.
Staff is recommending a policy to the Board that would allow law enforcement officers to rent a mobile home on
County-owned property where the following conditions have been met:
• Lessor must be employed by the Collier County Sheriff’s Office as a certified law enforcement officer;
• At least two references from prior landlords are required; and
• A standard residential lease is executed.
The lease at the Sports Complex shall be $800 per month for one (1) year with four (4) additional one (1) year
automatic renewals thereafter. The County may terminate the lease with or without cause by giving the law
enforcement officer thirty (30) days written notice.
The law enforcement officer, at their sole cost and expense, shall be responsible for cable television, internet,
telephone services, janitorial services, trash removal and other cleaning of the premises. The County shall pay for
the landscaping, electricity, water, and sewer service charges and permit the law enforcement officer to use the
Sports Complex’s dumpster for purposes of garbage and trash collection resulting from normal residential use of the
premises.
If this item is approved, leases using the proposed template will be administratively processed and executed by the
County Manager or their designee.
FISCAL IMPACT: The rental fee of $800 per month will be paid in full and shall be deposited into the Amateur
Sports Complex Fund (1109-101555).
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 a majority vote for
approval. -DDP
RECOMMENDATION: To establish a policy for leasing a County-owned mobile home at the Paradise Coast
Sports Complex to law enforcement officers for greater onsite law enforcement presence, adopt a standard lease
template, and authorize the County Manager or their designee to execute such leases.
PREPARED BY: Vivian Rodriguez, Property Acquisition Specialist
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12/12/2023
Real Property Management/Facilities Management Division
ATTACHMENT(S)
1. Standard Form Residential Lease (PDF)
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12/12/2023
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.3
Doc ID: 27272
Item Summary: Recommendation to establish a policy for leasing a County-owned mobile home at the Paradise
Coast Sports Complex to law enforcement officers for greater onsite law enforcement presence, adopt a standard
lease template, and authorize the County Manager or their designee to execute such leases.
Meeting Date: 12/12/2023
Prepared by:
Title: – Facilities Management
Name: Vivian Rodriguez
11/15/2023 9:41 AM
Submitted by:
Title: – Facilities Management
Name: John McCormick
11/15/2023 9:41 AM
Approved By:
Review:
Facilities Management John McCormick Director - Facilities Completed 11/15/2023 9:43 AM
Facilities Management Jennifer Belpedio Manager - Real Property Completed 11/15/2023 9:54 AM
Corporate Business Operations Marissa Baker Additional Reviewer Completed 11/20/2023 10:33 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 11/22/2023 2:12 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/22/2023 2:25 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/27/2023 9:46 AM
Office of Management and Budget Christopher Johnson Additional Reviewer Completed 11/27/2023 11:00 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 12/01/2023 10:01 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 12/12/2023 9:00 AM
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NOTICE: THIS DOCUMENT MAY CONTAIN INFORMATION EXEMPT FROM PUBLIC RECORDS
DISCLOSURES, PURSUANT TO FLORIDA STATUTES SECTION 119.071(4)(d)2.a. AND CHAPTER 119,
FLORIDA STATUTES. PLEASE CONTACT THE COUNTY ATTORNEY’S OFFICE BEFORE
FURNISHING THIS DOCUMENT PURSUANT TO A PUBLIC RECORDS REQUEST.
RESIDENTIAL LEASE
PARADISE COAST SPORTS COMPLEX
THIS RESIDENTIAL LEASE is made and entered into this _____ day of
____________________, 20___, (“Effective Date”) between COLLIER COUNTY on behalf of
PARADISE COAST SPORTS COMPLEX (“Sports Complex”), herein referred to as “Lessor”
and ________________________________, a Certified Law Enforcement Officer, herein referred
to as “Lessee.”
Lessor hereby leases to Lessee and Lessee hereby rents from Lessor, the mobile home (the
“Premises”) located at 3892 City Gate Boulevard South, Naples, Florida 34117, in Collier County.
This lease is based upon the following terms and conditions:
ARTICLE I
TERMS OF LEASE
The term of this lease commences on the Effective Date and terminates one (1) year
thereafter, unless sooner terminated by either party.
Renewals – Automatic: Upon the expiration of the initial term of this Lease, provided this
Lease has not been previously terminated pursuant the provisions of this Lease as may be set forth
elsewhere herein, this Lease shall automatically renew for four (4) additional one (1) year Renewal
Terms, unless on or before 90 days prior to the then current Expiration Date of this Lease, either
party has given notice of such party's intention not to renew this Lease for an additional one (1)
year Renewal Term.
This Agreement may be canceled by either party, with or without cause by delivering a
Notice of Termination to the non-terminating party. Termination shall be effective on the thirtieth
(30th) day after the date of actual receipt of such notice by the non-terminating party.
Lessee hereby covenants and agrees to pay as rent for the mobile home the sum of Eight
Hundred Dollars and 00/100 Cents ($800.00) to be paid monthly to Collier County BCC.
Lessee shall provide Lessor with the first month’s rent payment, in advance, within ten
(10) days from Lessor’s execution of this Lease.
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All rental payments shall be due and payable in advance on the first day of every calendar
month during the term hereof. If the terms of this Lease shall commence on a day other than the
first day of the month, Lessee shall pay rental amount equal to one-thirtieth (1/30th) of the monthly
rental payment multiplied by the number of rental days of such fractional month.
ARTICLE II
DUTIES AND RESPONSIBILITIES OF LESSEE IN CONSIDERATION FOR RENT
As bargained for consideration for this lease, Lessee acknowledges and agrees that they
shall use their best efforts to monitor and secure the Paradise Coast Sports Complex (“Sports
Complex”) site upon which the premises in located from vandalism or other destructive conduct
during the term of this lease. Lessee shall perform at least one (1) daily round of inspection of the
Sports Complex site, including visual checks of all exterior Sports Complex building doors and/or
windows. Daily inspections shall be emailed weekly
ParadiseCoastSportsComplex@colliercountyfl.gov. Any suspicious findings shall be reported
immediately to the Manager of the Sports Complex site and any other reasonable law enforcement
action may be taken by the Lessee in their reasonable and standard discretion. Any acts of
vandalism or the presence of suspected vandals or trespassers on the Sports Complex site shall be
handled according to standard law enforcement protocol, discretion, and authority. It is the intent
of the lease that the Lessee shall be held only to the standard of normal, reasonable law
enforcement procedure and no higher standard is intended to be imposed by this lease.
At the commencement of the term of the lease, Lessee shall meet with the Manager of the
Sports Complex site upon which the premises is located for the purpose of developing a reporting
plan for Sports Complex security and working with the Manager or his/her designee in connection
therewith. Written reports, including e-mail messages, of suspicious or unusual activities and the
action taken shall be forwarded by the Lessee to the Manager. The Lessee shall be listed as an
emergency contact if the Sports Complex has a security alarm system. When the security alarm
system is activated, the Lessee shall be contacted by the security alarm monitoring station and the
Lessee shall be responsible for inspecting the Sports Complex site to verify that it is safe and
secure.
Lessee's failure to comply with all the requirements and obligations of this lease or to use
their best efforts to monitor the Sports Complex and to report their findings to the Manager or his
or her designee shall subject the Lessee to possible termination of this lease, at the sole and absolute
discretion of the Lessor. In the event the Lessor decides to terminate this lease, the Lessee shall
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vacate the premises within thirty (30) days after the Lessor has provided written notice to the
Lessee stating the reasons for such termination.
ARTICLE III
USE & OCCUPANCY
The premises shall be occupied only by Lessee and his immediate family (and short-term
guests) as a private single-family residence and for no other use or purpose whatsoever.
ARTICLE IV
ASSIGNMENT AND SUBLETTING
Lessee shall not assign this lease nor sublet the premises or any part thereof. Any
assignment or sublease shall be null and void and may result in the termination of this lease as
determined by the Lessor, in its sole and absolute discretion.
ARTICLE V
ENTRY FOR INSPECTION, MAINTENANCE, REPAIRS AND ALTERATIONS
The Lessee shall be solely responsible for maintaining the leased premises and their
residential unit in good order and clean condition. The Lessor shall have the right to enter upon
the outside of the premises and to inspect the outside of the residential unit to make certain that
the premises grounds and the residential unit are properly cleaned and maintained in a reasonable
and presentable manner. In the event that cleaning, or repairs associated with the leased premises,
or the residential unit are deemed necessary, the Lessor shall provide written notice to the Lessee.
The Lessee shall have thirty (30) days from the date of such notice to perform the cleaning, repairs,
or remedies to the satisfaction of Lessor. If the Lessee fails to perform, the Lessor shall have the
option to perform the necessary cleaning, repairs or remedies and bill the Lessee for same. The
Lessee shall make no significant material alterations, changes, or improvements to the outside
premises without the prior written consent of Lessor.
ARTICLE VI
UTILITIES
Lessee agrees to pay for the cable television, internet, and telephone service consumed by
Lessee during the term of this lease. Lessor shall pay for the electricity, water, and sewer service
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charges. Lessor shall permit Lessee to use the Sports Complex’s dumpster for purposes of garbage
and trash collection resulting from normal residential use of the premises.
ARTICLE VII
LIABILITY FOR REPAIRS & ALTERATIONS
There shall be no allowance to Lessee for a diminution of rental value, and no liability on
the part of Lessor for the making of any repairs, alterations, additions, or improvements in or to
any portion of the premises, and no liability upon Lessor for failure to make any repairs, alterations,
additions, or improvements in or to any portion of the premises.
ARTICLE VIII
OBLIGATIONS OF LESSEE
1. Lessee will be responsible for any conditions which may be caused by his or her negligent or
wrongful acts or omissions, those of a member of his family, or another person while on the
premises with Lessee's consent.
2. Lessee at all times during tenancy shall:
a. Keep the premises clean and sanitary and maintain and care for the lawn and shrubs.
b. Remove all garbage in a clean and sanitary manner.
c. Keep all plumbing fixtures clean and sanitary and in repair.
d. Not destroy, deface damage, impair, or remove any part of the premises or property therein
belonging to Lessor, or permit any person to do so.
e. Conduct themselves, and require their guests to conduct themselves, in a manner that does
not unreasonably disturb any neighbors or constitute a breach of the peace.
f. Use and operate in a reasonable manner all electrical plumbing, sanitary heating,
ventilating, air- conditioning and other facilities and appliances.
g. Refrain from consuming alcoholic beverages while in the public area of the Sports
Complex’s site, however, nothing herein shall prevent Lessee, his family, or guests from
consuming the same within the residential unit placed on the leased premises.
h. Comply with all reasonable requests made by Lessor regarding inspecting and securing the
Sports Complex’s site and complying with all applicable policies and procedures of Sports
Complex.
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ARTICLE IX
WASTE, NUISANCE, STORAGE AND PARKING
Lessee agrees that they shall not commit waste on the premises or maintain or permit to be
maintained a nuisance (as determined by Lessor, in its sole and absolute discretion) thereon, or use
or permit the premises to be used in an unlawful manner. Lessee shall be allowed to store or park
on the premises Lessee’s assigned law enforcement vehicle and other non-prohibited vehicles with
an active Florida registration that is registered to the Lessee or an immediate family member of
Lessee residing in the premises. Lessee shall not store or park any trailer, boat, recreational vehicle,
construction equipment, machinery, or vehicle, and/or equipment, machinery or vehicle used for
a commercial purpose on the premises. Lessee's failure to comply with all the requirements set
forth above shall subject the Lessee to possible termination of this lease, at the sole and absolute
discretion of the Lessor. In the event the Lessor decides to terminate this lease, the Lessee shall
vacate the premises within thirty (30) days after the Lessor has provided written notice to the
Lessee stating the reasons for such termination.
ARTICLE X
REQUIREMENT OF LAW
Lessee shall comply with all laws, orders, and regulations of federal, state, county, and
municipal authorities, including applicable Sports Complex procedures and policies, which shall
impose any duty upon Lessor or Lessee with respect to the premises or the use or occupation
thereof; and shall not do or permit to be done, any act or thing upon said premises in violation of
same. Lessee shall reimburse Lessor, as additional rent, for all expenses incurred as a result of
Lessee, or Lessee’s family, employees, agents, licenses or visitors violating the covenants and
agreements of this lease.
ARTICLE XI
WAIVERS
A waiver by Lessor of a breach of any covenant or duty of Lessee under this lease is not a
waiver of a breach of any other covenant or duty of Lessee, or of any subsequent breach of the
same covenant or duty.
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ARTICLE XII
END OF TERM OR TERMINATION
At the end of the term of this lease or upon earlier termination, Lessee shall immediately
quit and surrender the premises to Lessor in as good condition as they were at the commencement
of this Lease, ordinary wear expected, and Lessee shall remove, at its sole cost and expense, all
their property, including but not limited to the residential unit, from the premises. Upon
termination of this lease, Lessee may renew its lease subject to the approval of Lessor.
ARTICLE XIII
TERMINATION OF EMPLOYMENT
If Lessee leaves the employ of a local law enforcement agency, Lessee must notify Lessor
in writing and Lessor shall have the option of terminating this lease upon notice to Lessee.
ARTICLE XIV
FEES AND EXPENSES
If Lessee shall default in the observation or performance of any requirements or obligations
under this lease, Lessor may perform any such obligation of Lessee. If Lessor, in connection with
any such default by Lessee, makes any expenditures or incurs any obligations for the payment of
money, including but not limited to attorneys' fees, in instituting, prosecuting or defending any
action or proceeding, then such sums so paid or obligations incurred, along with interest and costs,
shall be deemed to be additional rent hereunder and shall be paid by Lessee to Lessor within thirty
(30) days of rendition of any bill or statement to Lessee therefore. If Lessee's lease term shall have
expired at the time of making of such expenditures or incurring of such obligations, then such sums
shall be recoverable by Lessor from Lessee as damages.
ARTICLE XV
INTERRUPTION OF SERVICE
Interruption of failure of any service in the building, if due to causes beyond Lessor's
control shall not constitute eviction unless Lessor shall fail to take such measures as may be
reasonable in the circumstances to restore the service without undue delay.
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ARTICLE XVI
ABANDONMENT
If at any time during the term of this Lease, Lessee abandons the premises or fails to use it
as a primary residence, Lessor may, at its option, re-enter the premises, by any means, without
being liable for any prosecution therefore, and without becoming liable to Lessor for damages or
for any payment of any kind whatever, and may, at its discretion, following abandonment of the
premises by Lessee, then Lessor may consider any personal property belonging to Lessee and left
on the premises to also have been abandoned, in which case Lessor may dispose of all such
personal property in any manner Lessor shall deem proper and is hereby relieved of all liability for
so doing.
ARTICLE XVII
QUIET ENJOYMENT
Lessor covenants and agrees with Lessee that upon Lessee performing all the terms,
covenants, and conditions, on Lessee's part to be observed and performed under this lease, Lessee
may peaceably and quietly enjoy the premises in accordance with the terms and conditions of this
lease. However, Lessee recognizes that the Premises is located at the Sports Complex and is
subject to regularly occurring sporting activities (games, tournaments, practices, etc.), concerts,
and other special events that routinely and frequently may produce excessive noise, light, and other
disturbances incompatible with quiet enjoyment of the premises. Lessee hereby acknowledges
and waives any such claim of breach of quiet enjoyment due to the customary activities and uses
of the Sports Complex.
ARTICLE XVIII
VEHICLES
To the extent permitted by Lessee’s employer, Lessee shall park his law enforcement vehicle on
the premises. Lessee shall not keep or permit to be kept on the premises any junk vehicle or vehicle
on which current registration plates are not displayed, nor shall Lessee perform any extensive
repair or extraordinary maintenance of automobiles or other vehicles on the property. Lessee shall
park all vehicles and store all other items on the premises and not on the surrounding Sports
Complex site.
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ARTICLE XIX
NON-EMPLOYMENT ACKNOWLEDGMENT AND WAIVER
It is hereby acknowledged by the Lessee that he/she is not an employee of the Paradise
Coast Sports Complex or the Lessor, and any duties imposed upon the Lessee by the terms of this
lease are solely in consideration for the lease. Any acts performed by the Lessee that are outside
the terms of this lease shall be considered voluntary in nature. The Lessee hereby waives any
eligibility for Workers' Compensation benefits from the Lessor and holds the Lessor harmless from
any liabilities or damages for any acts that are outside of the provisions and terms of this Lease.
ARTICLE XX
TENANT HOMEOWNER'S PERSONAL LIABILITY POLICY
The Lessee shall obtain and pay for a Tenant Homeowner's Liability Certificate of
Insurance Policy with personal liability limits of at least $100,000.00 for all times that this Lease
remains in effect. Lessor will be named as an additional interest on this insurance policy. Lessee
will provide proof of this insurance at time of the execution of this lease. Failure to comply with
this provision will constitute breach of the lease and will be grounds for termination of the lease.
In this event the Lessee will vacate the premises immediately after the Lessor has provided a seven
(7) day notice to the Lessee stating that the lease is terminated for failure to provide the required
insurance.
The Lessee has read the terms of this Lease and has had the opportunity to have the terms
of this lease defined or explained and has had the opportunity to retain legal counsel of his/her
choice and at his/her expense to review the terms of this lease.
ARTICLE XXI
RADON GAS
In accordance with Florida Law, the following statement is hereby made: Radon is a
naturally occurring radioactive gas that, when it has accumulated in a building in sufficient
quantities may present health risks to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county health department.
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IN WITNESS WHEREOF, the parties have executed this Lease on the day and year
indicated below.
AS TO LESSOR:
ATTEST:
CRYSTAL K. KINZEL, CLERK
By: _______________________________
, Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: __________________________________
[Staff Printed Name], [Title], as County
Manager or Designee, pursuant to Agenda
Dated XX/XX/2023, Item No. 16.X.X.
Dated: ____________________________
AS TO LESSEE:
________________________________
[Printed Legal Name]
ACKNOWLEDGEMENT:
PARADISE COAST SPORTS COMPLEX
By: _______________________________
Approved as to form and legality:
___________________________________
Assistant County Attorney
Dated: ____________________________
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