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Agenda 01/09/2024 Item #16F 6 (Policy for leasing a County-owned mobile home at the Paradise Coast Sports Comples to a law enforcement officer(s))SEE REVERSE SIDE Proposed Agenda Changes Board of County Commissioners Meeting January 9, 2024 Move Item 16F6 to Item 11H: *** This item continued from the December 12, 2023, 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. (Commissioner McDaniel’s Request) Move Item 16F9 to Item 11I: Recommendation to approve administratively approved Change Order No. 11, providing for a 180-day extension under Agreement No. 16-6622, “Big Corkscrew Island Regional Park,” with Q. Grady Minor & Associates, P.A., and authorize the Chairman to sign the attached change order. (Project No. 80039) (Commissioner McDaniel’s Request) Move Item 16F3 to Item 11J: Recommendation to approve the expenditure of the Tourism Development Tax Promotion funds to support the November 2023 Doral Gold Cup event up to $12,000; to waive any irregularities in the process for items including lack of written approval, pre-approval or TDC and Board approval; and make a finding that these expenditures promote tourism. (Commissioner Hall’s Request) Move Item 16F4 to Item 11K: Recommendation to approve the expenditure of the Tourism Development Tax Promotion funds to support the October 2023 Advertising World Series Event, up to $5,000, to waive any irregularities in the process for items, including lack of written approval, pre-approval or TDC and Board approval; and make a finding that these expenditures promote tourism. (Commissioner Hall’s Request) Move Item 16F10 to Item 11L: Recommendation to approve and authorize the Chairman to execute the Second Extension and Amendment to the Sponsorship Agreement between Collier County and Spirit Promotions for the 2025-2029 U.S. Open Pickleball Championships and make a finding that this item promotes tourism. (Commissioner Hall’s Request) Notes: TIME CERTAIN ITEMS: Item 11A to be heard at 2 PM: Presentation of the 2023 Collier County Community Assessment. 9/26/2024 3:54 PM 01/09/2024 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 and electricity, water and sewer services, as well as janitorial services, trash removal and other cleaning of the premises. The County shall pay for the landscaping 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 16.F.6 Packet Pg. 1169 01/09/2024 Real Property Management/Facilities Management Division ATTACHMENT(S) 1. Standard Form Residential Lease (PDF) 16.F.6 Packet Pg. 1170 01/09/2024 COLLIER COUNTY Board of County Commissioners Item Number: 16.F.6 Doc ID: 27550 Item Summary: *** This item continued from the December 12, 2023, 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. Meeting Date: 01/09/2024 Prepared by: Title: Management Analyst II – County Manager's Office Name: Geoffrey Willig 12/27/2023 10:33 AM Submitted by: Title: – Facilities Management Name: John McCormick 12/27/2023 10:33 AM Approved By: Review: Facilities Management Jennifer Belpedio Manager - Real Property Completed 12/27/2023 10:52 AM Facilities Management John McCormick Director - Facilities Completed 12/27/2023 6:08 PM Corporate Business Operations Marissa Baker Additional Reviewer Completed 12/28/2023 11:23 AM County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 12/28/2023 3:52 PM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 12/28/2023 4:24 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/29/2023 8:40 AM Office of Management and Budget Christopher Johnson Additional Reviewer Completed 12/30/2023 11:26 AM County Manager's Office Amy Patterson Level 4 County Manager Review Completed 01/02/2024 9:56 AM Board of County Commissioners Geoffrey Willig Meeting Pending 01/09/2024 9:00 AM 16.F.6 Packet Pg. 1171 [23-RPR-03704/1825978/1] Page 1 of 9 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. 16.F.6.a Packet Pg. 1172 Attachment: Standard Form Residential Lease (27550 : Establish Policy and Standard Template for leasing a County-owned mobile home at the [23-RPR-03704/1825978/1] Page 2 of 9 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 16.F.6.a Packet Pg. 1173 Attachment: Standard Form Residential Lease (27550 : Establish Policy and Standard Template for leasing a County-owned mobile home at the [23-RPR-03704/1825978/1] Page 3 of 9 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, telephone service, electricity, water, and sewer service charges consumed by Lessee during the term of this lease. Lessor shall permit Lessee to use the Sports Complex’s dumpster for purposes of garbage and trash collection resulting 16.F.6.a Packet Pg. 1174 Attachment: Standard Form Residential Lease (27550 : Establish Policy and Standard Template for leasing a County-owned mobile home at the [23-RPR-03704/1825978/1] Page 4 of 9 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. ARTICLE IX 16.F.6.a Packet Pg. 1175 Attachment: Standard Form Residential Lease (27550 : Establish Policy and Standard Template for leasing a County-owned mobile home at the [23-RPR-03704/1825978/1] Page 5 of 9 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. ARTICLE XII 16.F.6.a Packet Pg. 1176 Attachment: Standard Form Residential Lease (27550 : Establish Policy and Standard Template for leasing a County-owned mobile home at the [23-RPR-03704/1825978/1] Page 6 of 9 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. ARTICLE XVI 16.F.6.a Packet Pg. 1177 Attachment: Standard Form Residential Lease (27550 : Establish Policy and Standard Template for leasing a County-owned mobile home at the [23-RPR-03704/1825978/1] Page 7 of 9 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. ARTICLE XIX 16.F.6.a Packet Pg. 1178 Attachment: Standard Form Residential Lease (27550 : Establish Policy and Standard Template for leasing a County-owned mobile home at the [23-RPR-03704/1825978/1] Page 8 of 9 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. IN WITNESS WHEREOF, the parties have executed this Lease on the day and year indicated below. 16.F.6.a Packet Pg. 1179 Attachment: Standard Form Residential Lease (27550 : Establish Policy and Standard Template for leasing a County-owned mobile home at the [23-RPR-03704/1825978/1] Page 9 of 9 AS TO LESSOR: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: __________________________________ [Staff Printed Name], [Title], as County Manager or Designee, pursuant to Agenda Dated 01/09/2024, Item No. 16.X.X. Dated: ____________________________ AS TO LESSEE: ________________________________ [Printed Legal Name] ACKNOWLEDGEMENT: PARADISE COAST SPORTS COMPLEX By: _______________________________ [Printed Legal Name, Title] Approved as to form and legality: ___________________________________ Assistant County Attorney Dated: ____________________________ 16.F.6.a Packet Pg. 1180 Attachment: Standard Form Residential Lease (27550 : Establish Policy and Standard Template for leasing a County-owned mobile home at the