Loading...
Resolution 2025-221 RESOLUTION No. 2025 - 2 21 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND UNITED STATES SENATOR RICK SCOTT FOR USE OF OFFICE SPACE WITHIN A COUNTY-OWNED BUILDING. WHEREAS, United States Senator Rick Scott ("Senator") desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), located within the Administration Building, Suite 106, 3299 Tamiami Trail East,Naples, Florida 34112. WHEREAS,the Lease Agreement commences on November 1, 2025, and ending January 2, 2031, with an annual rent of Ten Dollars ($10.00). WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Senator and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners approves the Lease Agreement between Collier County and United States Senator Rick Scott. 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 Z� day of QG{-o.Li , 2025, after motion, second and majority vote. -y 9Yyvh4Y ATTEST •"'' Crystal K.Kinzer, Clerk of the Circuit BOARD OF COUNTY COMMISSIONERS Court and Comptrolleir COLLIER OUNTY, FLORIDA BY BY: . 61G Mat is to Chairr,ai , De t erk B L. SA ERS, Chairman Approved as orm and legality: Sally . As Assi ant C my ttorney C J' LEASE AGREEMENT THIS LEASE AGREEMENT (the "Lease") entered into this 2$4 day of aflier , 2025, between United States Senator Rick Scott, whose mailing address is 3299 East Tamiami Trail, Suite 106,Naples,Florida 34112,hereinafter referred to as"LESSEE," and COLLIER COUNTY,a political subdivision of the State of Florida, whose mailing address is, in care of Real Property Management, 2685 Horseshoe Dr. S., Suite 103,Naples, Florida 34104, hereinafter referred to as "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, subject to the statutory requirements set forth in 2 U. S. C. § 6317 relating to home state office space for the United States Senate; the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR 332 usable square feet of office space located at 3299 Tamiami Trail East, Suite 106, Naples, Florida 34112, hereinafter referred to in Exhibit A as the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term beginning on November 1, 2025, to January 2, 2031. Except as set forth below, the term of this Lease shall not exceed six years, and shall in no case extend beyond the term of office which the LESSEE is serving on the first day of this Lease. Should the LESSEE be re-elected to his Senate seat after the expiration of his term of office which he was serving upon the execution of this Lease, the LESSEE may holdover in the Demised Premises until such time as a new lease has been executed. LESSEE and/or the United States Senate, Sergeant at Arms(the"Sergeant at Arms") shall have the right to terminate this Lease without penalty upon the United States Senator's death,resignation or expulsion from the Senate. This right shall be exercised by providing sixty (60)days advance written notice to the LESSOR of the LESSEE or Sergeant at Arm's intention to terminate this Lease. Notice shall be sent to the addresses set forth in Article 12 of the Lease. Notwithstanding the foregoing, this Lease shall terminate immediately upon the LESSEE'S loss of his Senate seat. Further,the Lease may be terminated, by LESSEE or the Sergeant at Arms, pursuant to the terms regarding a force majeure event as discussed below or in the event of a breach of the terms of the Lease. LESSOR reserves the right to terminate this Lease,with or without cause,by providing LESSEE with sixty(60)days written notice to the address set forth in Article 12 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. GPQ . , 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. Said payment, which shall not be adjusted for operating expenses, taxes, landlord costs or otherwise, is contingent upon the LESSOR's submission, at the beginning of each month, of a proper invoice to the Sergeant at Arms of the United States Senate. Said invoice shall be in a form which is approved by the Sergeant at Arms. Upon the direction of the LESSEE and the Sergeant at Arms, the Secretary of the Senate will remit to the LESSOR, the sum due on the proper invoice at the end of each month. Any payment made to the LESSOR by the Secretary of the Senate for any period after this Lease agreement has expired or has otherwise been terminated shall be refunded by the LESSOR to the Secretary of the Senate without formal demand. Payments for any fraction of a month shall be prorated on a thirty (30) day basis. Any month to month holdover tenancy, if applicable, shall be at the same base rent as in effect at the expiration of this Lease. The above indicated monthly rent represent the full and complete monetary obligation of the LESSEE for occupancy and use of the Demised Premises, including, but not limited to all common areas and parking facilities 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 Charges LESSOR shall pay all costs associated with the Demised Premises including,but not limited to, janitorial services and utility charges including, electricity, heat, air conditioning, water and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSOR shall provide and pay for the installation of cable television and provide monthly cable service in two (2) locations within the premises, including CNN, C-SPAN I and C-SPAN II. The LESSOR shall provide telephone(s) and internet capability; however, the LESSEE is responsible for all charges related to local and long-distance use and internet. Janitorial services to the Demised Premises shall include, (1) on a daily basis, vacuuming, dusting, trash removal including recycling, cleaning of all washrooms and, (2) on an annual basis, carpet and window cleaning. LESSOR shall also provide and pay the cost of all lighting ballasts, incandescent and fluorescent light bulbs, washroom supplies and all cleaning products. No security deposit shall be required of the LESSEE for this Lease or for any parking passes or other identification device. LESSOR shall provide sufficient number of keys,key fobs,parking passes and/or other electronic security system passes required for entry into the Demised Premises and/or building as requested by LESSOR, and as mutually agreed to by LESSOR and LESSEE, at no additional cost to LESSEE. The LESSOR shall also provide LESSEE at LESSOR'S sole expense any replacement keys, replacement key fobs, parking passes, or replacement of other electronic security system passes provided by the LESSOR and/or property management company as requested by LESSEE. 2 CAO ARTICLE 5. Modifications to Demised Premises LESSOR may make reasonable changes, improvements, or repairs at the Demised Premises, as requested by LESSEE, and shall be of no cost to LESSEE. All improvements shall be made in good workmanlike manner,and in accordance with all state and local building codes and in accordance with the American with Disabilities Act of 1990. Those changes, alterations, additions, or improvements to the Demised Premises, not made by LESSOR shall require the LESSEE to provide LESSOR all proposals and plans for alterations, improvements, changes, or additions to the Demised Premises for LESSOR'S written approval, specifying 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 alterations,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 of 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 thirty (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. Notwithstanding the above provisions,the LESSOR hereby provides authorization for the LESSEE to provide and install security enhancements to the Demised Premises at LESSEE's sole cost and expense. LESSEE shall not be required to return the Demised Premises to their original condition upon the termination of this Lease in regard to the installation of the security enhancements. Any alarm system and monitoring, which is currently provided, shall continue to be provided by the LESSOR until such time as the Sergeant at Arms provides the security enhancements mentioned herein. Upon the installation of the new Sergeant at Arms provided enhancements,the LESSOR shall have the old security system removed at LESSOR'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. ARTICLE 6. Access to Demised Premises 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 Agreement. 3 (GT,C) LESSEE shall have access to the Demised Premises twenty-four (24) hours a day, seven (7) days a week. The monthly rent shall include keys for the Demised Premises including any needed replacement keys as well as electronic security system passes if the building has such electronic security measures. The building, grounds, parking accommodations, and the Demised Premises (hereinafter referred to as the"facility") shall be readily accessible to and usable by individuals with disabilities in conformance with the Uniform Federal Accessibility Standards (USAD-appendix A to 41 CFR part 101.19.6) or the American with Disabilities Act Accessibility Guidelines for Building and Facilities (ADAAG-appendix A to 28 CFR part 36). If such facility is an historic property, such facility shall comply to the maximum feasible extent possible provided that the same will not threaten or destroy the historic significance of the facility. ARTICLE 7. Assignment and Subletting 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. LESSOR shall comply with applicable federal laws pertaining to the assignment of claims involving the United States government, including, but not limited to 31 U.S.C. 3727, as amended, and 41 U.S.C. 6305, as amended. ARTICLE 8. Indemnity and Insurance The LESSEE is covered by protection of the Federal Tort Claim Act. ARTICLE 9. Maintenance LESSEE shall keep the Demised Premises in good working order and inform LESSOR of any concerns regarding maintenance or repairs. LESSOR shall pay for all regular maintenance and necessary repair to the building, grounds, parking facility, and the Demised Premises without limitation, including all necessary improvements to said space. LESSOR shall provide and pay the cost of supplies for such repair and maintenance. ARTICLE 10. Default by LESSEE The LESSEE enters into this Lease on behalf of the United States Senate. However,neither the Senate nor its Officers assume any liability for the performance of the Lease. Payments approved by the Sergeant at Arms and disbursed by the Secretary of the Senate of amounts due the LESSOR by the LESSEE under the terms of this Lease are made solely on behalf of the United States Senator in the United States Senator's official and representational capacity. The LESSOR agrees to look solely to the LESSEE for default of payment or otherwise, and such United States Senator, in his official capacity, assumes all liability for performance of this Lease agreement. LESSOR shall provide LESSEE and the Senate Sergeant at Arms written notification of any default made by LESSEE under the terms of this Lease. Prior to the LESSOR taking any action against LESSEE for default,LESSEE shall have thirty (30) days to cure any default after receipt of written notification from LESSOR; however, if such default cannot be cured within such period, LESSEE shall have such reasonable period of time as needed to cure such default. LESSEE shall not be subject to surcharges, charges, attorney's fees, interest,penalties or similar fees arising from Lessee's default or otherwise. r r 4 ARTICLE 11. Default by 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 specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 12. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners United States Senator Rick Scott c/o Real Property Management Department 3299 Tamiami Trail East, Suite 106 2685 Horseshoe Drive S., Suite 103 Naples, Florida 34112 Naples, Florida 34104 cc: Office of the County Attorney Copy to: StateOfficeLiaison@saa.senate.gov ARTICLE 13. 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. ARTICLE 14. General Provisions 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 where other operations share common facilities. Given the above, LESSOR acknowledges that LESSEE'S position in the United States Government may give rise to demonstration or protest activity. LESSEE will not be accountable for any protest or demonstration activities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. ARTICLE 15. Radon Gas 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 5 OGg) information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 16. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the 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 713.10, Florida Statutes. ARTICLE 17. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18. Holdover Any holding over by the LESSEE after the expiration of this Lease shall be construed by the parties as a tenancy at will, in which event, the LESSEE will be a month-to-month tenant, and LESSEE shall continue occupying the Demised Premises upon the same terms and conditions of this Lease, until such time that an Amendment to the Lease or a new Lease can be entered into by the parties. Any month to month holdover may be terminated by either party by providing thirty (30) days advance written notice to the other party. ARTICLE 19. Governing Law This Lease shall be governed and construed in accordance with applicable federal laws and the laws of the State of Florida. ARTICLE 20. Required Forms LESSOR agrees to provide the Sergeant at Arms State Office Liaison a self-certification letter outlining LESSOR'S suitability to do business with the federal government and a current Internal Revenue Service Form W-9, "Request for Taxpayer Identification Number and Certification", as revised December 2014. The forms shall be sent electronically via e-mail to stateofficeliaison@saa.senate.gov with the subject line containing LESSOR'S name as identified in Section 1 and "Certification Letter and Form W-9". If the forms cannot be sent electronically, the original forms may be mailed to the following address: United States Senate, Sergeant at Arms, State Office Liaison, Postal Square Building, 6th Floor, Washington,DC 20510 or faxed to (202)224-4963 ARTICLE 21. Force Majeure Neither party to this Lease shall be liable for non-performance of any obligation under this Lease if such non-performance is caused by a Force Majeure event. "Force Majeure" means an unforeseeable cause beyond the control of and without the negligence of the party claiming Force Majeure,including, but not limited to, fire, flood, other severe weather, acts of God, labor strikes, interruption of utility services, war, acts of terrorism, and other unforeseeable accidents. If the building in which the Demised Premises are located is totally destroyed or damaged by fire, flood, natural disaster, or other casualty, this Lease shall immediately terminate. If the building in which the Demised Premises are located or the common areas providing access to the Demised Premises are only partially destroyed 6 �; or damaged, so as to render the Demised Premises untenantable,unsafe,or not suitable for LESSEE'S full use and enjoyment of the Demised Premises for the intended purpose,the LESSOR shall have the option to elect to repair and restore the Demised Premises and property or terminate the Lease. The LESSOR shall be permitted a reasonable amount of time, not to exceed sixty (60) days from the event of destruction or damage, to repair or restore the Demised Premises and property,provided that the LESSOR submits to the LESSEE and the Sergeant at Arms a reasonable schedule for repair of the Demised Premises and property within thirty (30) days of the event of destruction or damage. If the LESSOR fails to timely submit a reasonable schedule for completing the work, the LESSEE or the Sergeant at Arms may elect to terminate the Lease effective as of the date of the event of destruction or damage. If the LESSOR elects to repair or restore the Demised Premises and property, but fails to repair or restore the Demised Premises and property within sixty (60) days from the event of destruction or damage, or fails to diligently pursue such repairs or restoration so as to render timely completion commercially impracticable,the LESSEE or the Sergeant at Arms may terminate the Lease effective as of the date of the destruction or damage. During the time that the Demised Premises are unoccupied by Tenant, rent shall be abated. ARTICLE 22. Conflict of Interest The LESSOR certifies and warrants that the LESSOR has no conflict of interest, direct or indirect, financial or otherwise, which would be applicable to the performance of the obligations covered by this Lease. If an allegation of a conflict of interest is brought to the attention of the United States Senate, the LESSOR agrees to fully cooperate with any investigation of the allegation(s), and will disclose to the United States Senate any other contract(s)to which the LESSOR is a party,public or private, or which the LESSOR undertakes during the period of this Lease, including contracts entered into during the period of this Lease, which include duties to be fulfilled after the termination of this Lease. LESSOR further certifies and warrants that this Lease is entered into at fair market value as the result of a bona fide,arms-length,marketplace transaction.The LESSOR and the LESSEE certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship, except as a LESSOR and LESSEE. Further, LESSOR certifies and warrants that LESSOR is not currently suspended, debarred, or otherwise ineligible from contracting with the Government. ARTICLE 23. Signage The LESSOR shall provide and pay for a suitable building standard sign which designates the United States Senator's office in accordance with LESSEE'S specifications. LESSOR, at LESSEE'S request, shall include the LESSEE'S name in all building directories throughout the building at no cost to the LESSEE. Changes to such directory shall be at no additional cost to the LESSEE. LESSOR agrees to permit the conspicuous posting of sign(s) in the building and/or Demised Premises required by statute or regulation for Federal facilities, including but not limited to, notice of the provisions of 18 U.S.C. § 930(h) concerning the possession of firearms or other dangerous weapons in Federal facilities. 7 0,0 IN WITNESS WI-IEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: DATED: 91144J BY: <C1 �-... UNITED STATES SENATOR RICK SCOTT AS TO THE LESSOR: DATE( ; .dti_ �� _ A'II l S I': .• - " BOARD OF COUNTY COMMISSIONERS Crystal K.lKini.cl, C'I~: i ttst COLLIER COUNTY, FLORIDA Circuit Court and ('orohpl •. 13Y: 6,44,14/0,,44004-- uto Chairman's . Dep ty lcr Burt L. Saunders,Chairman Signature only Approve a. t 'orm and legality: `\\\ Il�6 .Assistant County Attorney ,A ^. 2\ 8 EXHIBIT A Demised Premises PROPERTY OF TIE UNITED STATES GOVERN ENT-FOR OFFICIAL USE ONLY Do not remove the Iona-Property deuros document ohn na leneer needed Senator Scott 3335 East Tamiami Trail Suite 106 Naples,FL 34112 United State Sera* ` , Sergeant atAims • State Mo. S�:tnn• Safe Haven •,� Office 1 Reception J • � ._ 0 y :c'a�a _ z a� L. m�a _,twn.vagtC any.... d'{' ILL ITSC Ot 61 1_'_ 27G Senator Scott Naples Office SCALE:3/16"=1' ):1`.141 $.4M,O'ti 1•w•1 a 1.L4.Wl. U7.715 9