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Agenda 01/14/2025 Item #16B 5 (Resolution and Lease Agreement with State Representative Yvette Benarroch for use of County-owned office space)1/14/2025 Item # 16.B.5 ID# 2024-2247 Executive Summary Recommendation to adopt a Resolution and approve a Lease Agreement with State Representative Yvette Benarroch for use of County-owned office space. OBJECTIVE: For State Representative Yvette Benarroch to utilize County-owned office space within the Administration Building at the main Government Center. CONSIDERATIONS: In order to have a local presence in the community, State Representative Yvette Benarroch (Representative) has requested utilization of office space contained in Suite 304 within the Administration Building at the main Government Center. The attached Lease reflects the Representative’s electorate term, which commenced on November 19, 2024, and runs through November 18, 2026. The Lease includes a renewal option for additional two-year terms pending the Representative’s re-election. The annual rental amount of $10 will be paid in full and in advance. The County is responsible for all utilities, janitorial service, and local telephone service to the leased space. The Representative will be responsible for all long-distance telephone charges. As required by Florida Statute 125.38, a Resolution, which is attached, declares that Suite 304 is not required for County use and available for lease to the Representative. FISCAL IMPACT: The annual rental fee of $10 will be paid in full and shall be deposited into the General Fund (0001). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this action. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires majority vote for Board action. - SAA RECOMMENDATIONS: To adopt the Resolution and approve the Lease with State Representative Yvette Benarroch and authorize the Chairman to execute the attached Lease and Resolution. PREPARED BY: Sonja Stephenson, Property Management Specialist ATTACHMENTS: 1. Lease Agreement 2. Resolution Page 2408 of 6405 LEASE AGREEMENT THIS LEASE AGREEMENT ('Lease') entered into this day of 2025. between State Representative Yvette Benarroch, whose mailing address is 3299 East Tamiami Trail, Suite 304, Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision ofthe State of Florida, whose mailing address is in care ofReal Property Management,2685 Horseshoe Dr. South, Suite 103, Naples, Florida 34104, hereinafter referred to as "LESSOR." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE l. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Government Center, Administration Building, 3299 East Tamiami Trail, Naples. Suite 304, Florida 341 I 2, hereinafter called the "Demised Premises," situated in the County of Collier and the State ofFlorida, for the sole purpose ofoperating a government office. ARTICLE 2. Terrn of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on November 19,2024, and ending November 18,2026. LESSEE is granted the option, provided LESSEE is re-elected to the same office, and is not in default of any of the terms of this Lease, to renew same for automatic two (2) year terms, under the same terms and conditions as provided herein, by giving written notice ofLESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created. Said notice shall be effective upon placement of the notice in an official depository ofthe United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSOR and LESSEE reserve the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article l3 of this Lease. Said notice shall be effective upon placement of the nolice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum. The annual rent shall be paid in full thirty (30) days following the execution of this Lease by LESSOR. In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term. ARTICLE 4. Other Expenses and CharAes LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges, except for long distance telephone charges which are addressed below. Utility charges shall include, but shall not be limited to, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. (Fo Page 2409 of 6405 LESSOR shall bill, on a monthly basis, LESSEE for all long distance calls. LESSEE covenants to pay LESSOR for monthly telephone long distance charges, within thirty (30) days of receipt of invoice, in lawful money ofthe United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifuing in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate aherations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance. repair work, erection, construction. improvement, addition or alteration ol any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within rhirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or occupied for any purpose contrary to law or the rules or regulations of any public authority. LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease. ARTICLE 7. Assiqnment and Su letting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any olher person shall not be deemed to be a waiver ofany ofthe provisions ofthis Lease or to be a consent to the assignment ofthis Lease or subletting ofthe Demised Premises. ?@ ARTICLE 5. Modifications to Demised Premises ARTICLE 6. Access to Demised Premises Page 2410 of 6405 ARTICLE 8- lndemnitv LESSEE, in consideration ofTen Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnifo, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but not limited to, attorneys'fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss ofuse thereof) related to (A) LESSEE'S use ofthe Demised Premises, (B) any work or thing rvhatsoever done, or any conditions created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any conditions of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensee or invitees. [n case any action or proceeding is brought against LESSOR by reasons of any one or more thereo{ LESSEE shall pay all costs, attomeys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request. at LESSEE'S expense, by counsel reasonably salisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental aulhority in construclion of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereoll and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result ofthe gross negligence or willful misconduct ofthe LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property Iiability insurance policy(ies) pursuanl to the provision of the Florida Insurance Risk Management Trust F'und and pursuant to the provisions of Section 768.28, Florida Statutes, during the term of this Lease. In addition, LESSEE shall provide and maintain Worker's Compensation lnsurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/ 100 Cents ($ 100,000.00) each accident. Evidence ofsuch insurance shall be provided to the Collier County Risk Management Department in care of Real Property Management, 3335 East Tamiami Trail, Naples, Florida, 34112, for approval prior to the commencement of this Lease; and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk Management Departmenl in the event of cancellation or changes in policy(ies) coverage. The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior written notice to LESSOR. LESSEE shall ensure that LESSEE'S insurance provider will be responsible for notifring the LESSOR directly of any changes related to insurance coverage. LESSEE shall also ensure that the insurance coverage provided in accordance with this Lease shall require that the company or companies writing such insurance policy(ies) shall provide to LESSOR written notice of cancellation thirty (30) days prior to the proposed cancellation. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice, LESSEE shall have thirty (30) days in which to obtain such additional insurance. 3 @ ARTICLE I 0. Mainlenance Page 2411 of 6405 LESSEE shall keep the Demised Premises clean at all times ARTICLE ll. Default bv LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 12. Default bv LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly speci!ing wherein LESSOR has failed to perform any such obligations. ARTICI-E 13. Notices LESSOR:LESSEtT: Board of County Commissioners c/o Real Property Management 3335 East Tamiami Trail, Suite l0l Naples, Florida 341 l2 State Representative Yvette Benarroch 3299 East Tamiami Trail. Suite 304 Naples, Florida 34112 CC:Office of the County Attomey ARTICLE 14. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARI l( l.L I 5. Ceneral Pror isir.rrrs LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations rvhere other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental ofthe Demised Premises where applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ,]@ Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing 1o the other party at the following addresses: Page 2412 of 6405 ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnifo, reimburse, defend and hold harmless LESSOR, from and against allcosts (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application ofany federal, state, local or common law relating to pollution or protection ofthe environment. ARTICLE 17. Radon Cas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: 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 Counlr Public Health Department. ARTICLE | 8. Extent of Liens All persons to rvhom these presents may come are put upon notice ofthe fact that the interest ofthe LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713. I 0, Florida Statutes. ARTICLE 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE ARTICLE 20. Governing Law This Lease shall be govemed and construed in accordance with the laws ofthe State ofFlorida IN WTTNESS WHEREOF, the parties herelo have hereunder set forth their hands and seals (SIGNATL]I{IJ ON FOLLOWTNG PAGE) 5 @ Page 2413 of 6405 /\S TO LESSEE: DI\ TED: I 2-\ 0\ \ Z-i\ \ J Wf'I E ·s ( ignature) (print name) A TO THE LES OR: DATED: _____ _ A1TEST: CRY T/\L K. Kl ZEL. CLERK OF Tl II: CIRCUIT COURT A D COMPTROLLER . Deputy Clerk Approved as to form and legality: . Assistant Count) Attorney IJOARD OF COUNTY COMMISSIO F.RS COLLIER COU TY. Fl.ORI DA BY: ----- BURT SAUNDERS. Chairman Page 2414 of 6405 RESOLUTION No. 2025 ---- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT WITH STATE REPRESENTATIVE YVETTE BEN ARR OCH FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, Representative Yvette Benarroch ('Representative') desires to lease an office space within the Administration Building, 3299 Tamiami Trail East, Suite 304, Naples, Florida, owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a government office. WHEREAS, the Lease Agreement (Lease) provides for an initial two (2) year term, commencing on ovember 19, 2024, which reflects the Representative's electorate term, and provides for automatic additional two (2) year renewal terms pending the Representative's re-election. The rent shall be Ten Dollars annually throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property is required for the Representative's use and is not needed for County purposes. OW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1.The Board of County Commissioners does hereby approve the attached Lease Agreement between Collier County and State Representative Yvette Benarroch. 2.The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this __ _ day of ____________ , 2025, aftermotion, second and majority vote. ATTEST: Crystal K. Kinzel, Clerk of the Circuit Court and Comptroller BY: ----------Deputy Clerk Approved as to form and legality: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ---------------- BURT SAUNDERS, Chairman , Assistant County Attorney ��� \'1-' e Page 2415 of 6405