Resolution 1997-399RESOLUTION 97- 399
RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS,
COIA.IER COUNTY, FI,ORIDA, APPROVING A FIRST AMENDMENT
TO LEASE AGREEblENT BETWEEN COLLIER COUNTY AND
CONGRESSM^N PORTER GOSS FOR TIlE CONTINUED
UTII01ZAT1ON OF OFFICE SPACE WITIIIN TIIE ADMINISTRATION
BUII.DING.
WHEREAS, Congressman Porter Goss ("Congressman") desires to continue to lease an
office space on the second floor of the Administration Building owned by Collier County, a
political subdivision of the State of Florida ("Collier County"), in order to operate a United
States §ovcmmcnt office.
WItEREAS, the First Amendment to Lease Agreement provides options for two (2)
additional terms of two (2) years each following the initial lease term of January 4, 1993. The
amended termination date shall bc Janua~ 2, 1999, if thc options arc exercised. These dates
reflect the Congressman's election tcrm.
WHEREAS, thc Board of County Commissioners is satisfied that this property is
required for thc Congressman's use m~d is not needed for County purposcs.
NOW T}tEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. Thc Board of County Commissioners does approve the attached First Amendment to
Lease Agreement between Collier County and Congrcssm,'m Porter Goss, U.S. tlouse of
Representatives.
2. The Chainmm of the Board of County Commissioners of Collier County, Florida, is
hereby authorized to execute the attached Lease Agreement.
This Rcsolution adopted this ,~/<,l.~r day of Q.~e.:Z.g?./~A_..-' , 1997
after motion, second and majority vote.
ATTEST:
DWIGtlT E. BRO~K,~lcrk
/ , D~uty'Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form
Assistant County Attorney
AS TO THE LESSOR:
CO k kl EI~°~. _b~_F. LO RIDA
TIMOTIIY [~ HANCOCK, Chai~an
Approved as to form and
legal sufficiency:
Assistant ~ounty Attorney
FIRST AMENDMENT TO LEASE AGREEMENT
16D 2
l'tllS FIRST AMENDMENI' TO 1.EASE AGREEMENT entered into this,~,'-(, day ol'(,.~;('..F,*?,,'-',..~ , 1997 at
Naples, Collier County, Florida by arid between Congressman Porter Goss whose mailing address is 3301 East Tamiami
Trail, Administration Building, Naples. Florida 34I 12, hereinafter referred to as "LESSEE", and Collier County, a
political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112,
hcrcinafler referred to as "LF. SSEE".
W1TNESSETIt
\VIIEREAS, the LESSEE and I.ESSOR have previously entered into a Lease Agreement dated November 16, 1993:
\\'IlEREAS, thc LF. SSEE and I.ESSOR arc desirous of amending the Lease Agreement in order to rcflect the I.ESSF. E'S
poJkical term; and
NOW TItEREFORE, in considcratioo of thc covenants and ttgreemcnts provided within the said Lease Agreement dated
November 16. 1993 and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby
amended as follows:
Article 2 of the Lease Agreement is hereby deleted in its entirety and the following provision is substituted in its
place:
LESSEE shall have and hold the Demised Premises commencing on January 4, 1993 and terminating on January
2, 1995. If LESSEE'S political terms are extcnded, LESSEE is grantcd thc option, provided he is not in dcfault of any
of thc terms of this Agrcement, to automatically renew same for two (2) additional lcrms of two (2) years each.
reflecting LESSEE'S terms of office, under the terms and conditions as provided herein.
Any holding over thc expiration of the tcrms of this Agreement with thc conscnt of LESSOR shall bc construed
to be tenancy from month-to-month under the terms and conditions as provided herein, until such time as a new Lease
Agreement can diligently be processcd by LESSOR for the new term.
2. Except as expressly provided herein, this l.case Agreement between Congressman Porter Goss and Collier
County for utilization of thc premises dcscribcd in said Lease Agreement remains in full force and effect according to the
terms and conditions contained therein, and said terms and conditions arc applicable hereto except as expressly provided
ofilerwisc herein.
IN WITNESS ~VItEREOF. tim I,ESSEE and I,ESSOR have hereto executed this First Amendment to Lease
Agreement the day and year first above written.
'FO TIlE LESSEE: ...,.//..../-~
[~'[~es~i~namre) /') -C-- (X~N%RESSM~~;R GOSS
(print nan,)~
(prml name)
~[~-OF'-FLOR IDA
COU~W OF.
~,e foregoing t.case Agreement was acknowledged before me this
1997, by Congressman Porter Goss. who is ~rsonally ~no~ to
as idcntilScation.
(Signature of NoraD' Public)
__ day of
me or who has produced
(Print name of Notary Public)
NOTARY PUBLIC
Serial Commission ~
My Commission Expires:.
DISTRICT OFFICE LEASE ATTACHMENT
2
1. I,cssor and l~2~see agree that this DISTRICT OFFICE LEASE ATTACIIMENT (Attachment) is incorporated
into and made n part ,f thc lease agreement fi)r Congressional district office space to which it is attached.
2. 14:ssor acknowledges that the liouse of Representatives is not responsible for the performance of thc lease
agreement except as provided in paragTaph 8 of this Atta,nment, and Lessor agrees to h)ok solely to l,essce for
performance of the lease agreement.
3. bessor acknowledges that the l{ouse does not disburse funds for advance payments or security deposits, and
that payments made by the Chief Administrative Officer of the I{ouso on t~half of l~ssee will be sen~ to the [~ssor
at the end of each month in satisfl, ction of each month's occupancy. ~ssor agrees that any payment by the Chief
Administrative O~cer fi)r any period a~er this lease agreement has been terminated shall ~ refunded forthwith by
~ssor to the Chief Administrative Officer withaut fl~rmal demand.
4. The term of the lease agreement shall not exceed the shorter of two years or the constitutional term of the
Congress to which the Member is elected.
5. The total dollar amount specified in the lease agreement shall not be varied by any filctor, cost of living
clause, cleverer clause, escalator clause, or any oliver a(tjustment or measure during the term of the lease agTeemcnt.
6. l.essor agrees at its expense to maintain in good order the public and common areas of the building, and
agrees to maintain, repair, or replace as needed, all structural and other components of the premises, including roof~,
ceilings, walls, floors, windows, doors, fixtures and mechanical, plumbing and electrical systems and equipment
serving the premises.
7. I.e.~sor agrees to ensure thc availability of premises wiring suitable for telecommunications and data
transmi.-'sion ~22 to 26 AWG twisted pair of low capacitance).
8. In the event of the dentil, resignation, or removal from o~ce of t.essee, Lessm' hereby expressly gTants to the
Clerk o1' tile lhmse thc right to contimm to occupy the premises under tim lease agreement fro' a period of tip to sixty
(60~ days f~fllowing tile clectim~ of the l.cssve's successor, unless the Clerk elects tu terminate the lease agreement by
giving tilirty {30) days written notice to I.essor.
9. The lease agreement and thin Attachment, and any termination notice given under the terms of the lease
agreement, shall be sent t~l tile Office of Finance, 263 Cannon IIousc Office Building, Washington, D.C. 20515.
Any portion of the lease agweement to which this Attachment is attached and any subsequent or additional
agreements which are inconsistent with paragraphs 1 throogh 9 of this Attachment shall be of no force and effect to
the extent of such inconsistency.
IN WITNESS WHEREOF, the parties hereto have heeunt. p//~~d their seals.
BOAR]? ~F~OUN_T.,Y ~2Q~IM ISS~ONERS, COLLIER COUNTy,r~
TIMOTHY L. HANCOCK, Chairman CONGRESSMAN PORTER GOSS
.............. ............ ............ ....... ........ .............
~I~ ~". '~f~ppmved pu~uant to the re,es ottne ~ommittee on s,ouae uve~ignt:
D~put~,Clerk , ,,
Signed
Date
DISTRICT OFFICE LEASE ATTACHMENT
16D 2
1, I~essor and Ix'ssee agree that this DISTRICT OFFICE I,EASE ATTACIIbIENT (Attachment) is incorporated
into and made a part of the lease agreement for Congressional district office space to which it is attached.
2, I~essor acknowledges that the llouse or Repre~entatlves is not responsible for the performance or tho lease
agreement except as provided in para~,n'nph 8 of this Attachment, and l,cssor ~grees to h)ok solely to l,essee for
performance of the lease affree[nent.
3. l.cssor acknowledges that the ltouse does not disburse funds for advance payments or security deposits, and
that payments made hy the Chief Administrative Officer of the lhmse on t~halfof l.essee will be sent to the Lessor
at tile cad of each month in satisfl~ction of each month's occupancy. Lessor agrees that any payment by the Chief
Administrative Officer for any period after this lease agreement has been terminated shall be refunded forthwith by
Lessor to the ChiefAdministrative Officer without formal demand.
4. The term of the lease agreement shall not exceed the nhorter of two years or the constitutional term of the
Congress to which thc Member ia elected.
5. The total dollar amount specified in the lease agreement shall not be varied hy any factor, cost of' living
clause, elevator clause, escalator clause, or any other adjustment or measure during tile term uf thc lease agreement.
6. l,essor agrees at its expense to maintain in gt~ order the public and common areas of tile building, and
agrees t,) maintain, repair, or replace as needed, ali structural and other cumponents or the premises, including roofs,
ceilings, walls, floors, windows, d(z.'s, fixtures and mechanical, plumbing and electrical systems and equipment
<vying the premises.
7. l~essor agrees to ensure the availability of premises wiring suitable for telecommunications and data
transmission (22 to 26 AWG twisted pair of low capacitance).
8. in the event of the death, resignation, or removal from office of Lessee, Lessor hereby expressly grant& to the
Clerk of the th)use tile right to continue to occupy the premises under the lease agreement for a period of up to sixty
(60) days tbllowing tile election of thc l.cssce's successor, unless the Clerk elects to terminate the lease agreement by
giving thirty 130) days written notice to l,essor.
9. The lease agreement and this Attachment, and any termination notice l~ven under tile terms of the Ica~e
agreement, shall be sent to the Office of Finance, 263 Cannon House Office Building, Washington, D.C. 20515.
tMLv portion of the lease agreement to which this Attachment is attached and any subsequent or additional
agreements which are inconsistent wi~h paragraphs 1 through 9 of this Attachment shall be of no force and effect to
the extent of such incon.aistency.
BY:
IN WITNESS WHEREOF, the parties hereto have hereunto ~J[i('~their seals.
BOA~?3~' CC)lINTY CO~hMISSIONERS, COLLIER COUNTY, FL //~ /~F /
.....-- .. .i-$3,, ....
/ (I~,,sor) /~Lcssee)
TIMOTHY L,, H~NCOCK, Chairman CONGRESSMAN PORTER GOSS
~Uhl~ . '
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OW1GtG :.~. BROCK..el ti**.: · ' '
Date
GINI