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Agenda 02/14/2017 Item #16E 502/14/2017 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and approve a Lease Agreement with State Representative Bob Rommel for use of County-owned office space. OBJECTIVE: For State Representative Bob Rommel 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 Bob Rommel (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 9, 2016, and runs through November 8, 2018. 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 (001). 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. - JAB RECOMMENDATION: That the Board of County Commissioners adopts the Resolution and approves the Lease with State Representative Bob Rommel and authorizes the Chairman to execute the attached Lease and Resolution. Prepared By: Michael Dowling, Sr. Property Management Specialist Facilities Management Division ATTACHMENT(S) 1. Rommel Lease (PDF) 2. Rommel Resolution (PDF) 16.E.5 Packet Pg. 832 02/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.5 Item Summary: Recommendation to adopt a Resolution and approve a Lease Agreement with State Representative Bob Rommel for use of County-owned office space. Meeting Date: 02/14/2017 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 01/24/2017 9:14 AM Submitted by: Title: Division Director - Facilities Mgmt – Facilities Management Name: Dennis Linguidi 01/24/2017 9:14 AM Approved By: Review: Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 01/24/2017 10:38 AM Facilities Management Toni Mott Additional Reviewer Completed 01/24/2017 12:19 PM Facilities Management Dennis Linguidi Additional Reviewer Completed 01/25/2017 10:35 AM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 01/31/2017 8:25 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 01/31/2017 9:14 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2017 9:49 AM Office of Management and Budget Laura Wells Additional Reviewer Completed 01/31/2017 2:10 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 01/31/2017 5:19 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/01/2017 8:26 AM Board of County Commissioners MaryJo Brock Meeting Pending 02/14/2017 9:00 AM 16.E.5 Packet Pg. 833 Lease # LEASE AGREEⅣ凪NT 硼 S LEASE AGREEMENT(`L●3Se')entCred into this___day of 2017,beけ een State R"resentative Bob Rommol,whose mailing address is 3299 East Talniami T面 1, Suite 304,Naplcs,Flodda 34112,hcreinaner refemd to as"LESSEE,・ and COLLIER COIJNTY,a polltical subdivision of the State Of F:o∥da, whosc tnalling address is in care Of Rcal Propc中 Managcmcnt,3335E¨t Tamiami Trail,Suite 101,Naplcs,Florida 34H2,he"Ina■er refcrrOd tO as "LESSOR" WITNESSETH Ll considorati。■of thc mutual covenants●ontaincd hcrcin,and other valuable consideratiOn,the parties ag∝e as follo■7s: ARTICLE l Dcmised Prcmises LESSOR hereby leascstO LESSEE and LESSEE hereby leascs lom LESSOR the propen located at the Collicr County Govemment Ccnter,AdIIllnistration Building,3299 East Tamiami Trail,Naples, Suite 304,Floida 34H2,hereina■er called the"Dcmised PIEll.ises,"situated h the County of C01lier alld the State ofFlori&L forthe sOle purpOse ofoperatlng a govenlment ottcc ARTICLE 2. Tenn ofLease WSSEE shall have and hold the D"面 sed■qdses fOr a tcnll of静 oo)rars,COmmencing On No■7ember 9,2016,and cnding November 8,2018.LESSEE is grantcd thc Option,provided LESSEE is re‐elected to thc same O随 cc,and is■ot in dcfault of any Ofthe terlns of this Lease,to rellew samO fOr alltomttic iぃ o)year"mls,underthe samc t■lts and condiicllls as provided heran,by」宙ng Wrhm notice of ttSSEE'S intcntiOn tO dO sO to the IESsoR not less than thir呼 (30)dayS priOr to thc exPiration Of thc leaschold cstate hereby crcated. Said nOtice shali bc cffOctive upon Piacelnent Of the notice in an offlcial depository of the United Statcs Post OFl∝,Registe“d Or Certined Mail,Postagc Prcpaid LESSOR and LESSEE reserve the nght to tcl=::誡 this Lease,with or without cause,by providing LESSEE with thⅢy(30)daySヽ "itten nttce to thO addrcss set forth in ArticJe 13 ofthis Lease.Said notice shali be erective upon Placement Of the notice in an ottcinl dcpositOry ofthe United statcs Post Orlce,Rcgistered or CcFtifted Mail,Poま agc Prepaid. ARTICLE 3. Rent Ddhよ 驚鶏掘t∫鵠 雛‐_吼 ¶濶私riR鍵 ¶押 論∥紺8」ぶfolltting the cx∝diKln of山 ねLease by LESSOR. Itt thc evcnt LESSEE elects tO rcnew this Lease,as provided fOr in ARTICI】2,the rent stated above shall remJn the same for the ensuing rcncwaltem.G16.E.5.a Packet Pg. 834 Attachment: Rommel Lease (2634 : Lease Agreement for State Representative Bob Rommel) ARTICLE 4. Other Exoenses and Charees . LESSOR shall pay ell costs associated with the Demised Premises including but not limited to,janitorial services and any and utitip charges, exc.ept for lolg distance telephoni charges which are addressed below. utility oharges shalt include, but shall not be limited to, electricity, ighr, heag air conditioning, power, waler, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. 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 lawfirl money of the Unit€d States of Amerio4 at the address of LESSOR set forth in this L€ass or ar such other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Premises Prior to making any changos, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for Blterations, improvements5 changes or additions to the Demised Premises for LESSoR's written approval, sp€ci&ing in writing ttre nstu; and extent of the desired alteration, improvemenq change, or addition, along wittr the contemptated starting and completion time for such project. LESSOR or its designee will tlien have sixty (6d) days within which to aPprove or deny in writing said request for changes, improvements, alterations or uddition*. LESSOR shall not unrcasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) davs there has been no response from LESSOR or its designee to said proposals or planq then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connestion with any maintenance, repair work, erection, coastruction, improvemen! addition or alteration of any authorized modifications, additions or improvements to the Demised Prernises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements ofthe United States of Americq State of ilorida, County ofCollier, and any and all govemmental agencies. AII alterations, improvcments 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 tlareafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvoments, alterations, fixtures and installations which were placed in, on, or upon the Demised premises by LEssEE, ancl repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSbR may complete said removals and repairs at LESSEES 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 regulalions of any public authority. ARTICLE 6. Access to Demised Premises LESSOR" its duly authorized agonh, repr€sentatives and employees, shall have the right affer reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part there-of at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, ald for the purposes ofinspection for compliance with tho provisions oftiis Lease, ③216.E.5.a Packet Pg. 835 Attachment: Rommel Lease (2634 : Lease Agreement for State Representative Bob Rommel) ARTICLE 7. Assignment and Sublettine _ LESSEE oovenants and agre€s not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to pEmit any other persons to occupy same witfiout the wriuen consent ofLISSOR Any such assignment or subletting even with rlri - consent of LESSOR, shall not relieve LES_SEE from liability for payment of r€nt or oth€r sums herein provided or fiom the obligarion to keep and be bound by the tetrns, conditions and covenants ofthis Lease. The acceptance ofrent iom any other person shall not be deemed to be a waiver of any ofthe provisions of this Liase or to be a conseni to ore assignment ofthis Lease or subletting oflhe Demised prernises. ARTICLE 8. Indemnitv LESSEE, in gonsideration of Ten Dollars ($10.00), the receipt and sufliciency of which is hereby acloowledged, shall indemni$,, defend afld hold harmless LBSSOR, its agents and employees ftom and against any and all liability (statutory or otherwise), damagss, claims, suits, demands, judgments, costs, intercst and expenses (including, but not limited tq attom€ysr fees and disbursements boih at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any penoo or psrsons or damage to property (including loss ofuse thereof; related to (A) LESSEE'S use ofihe Demised premises, @) any work or thing whatsoever done, or any conditions created (other than by LEssoR, its employees, ag_effs or conh.rctors) by or on behalf of LESSEE in or about the Demised Premises, (C) any "ordition.of the Demised Premises due to or resulting from any default by LESSEE in thL performance of LESSEES obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, coDhactors, employees, subtenants, licensee or invitees. In case any aetion or proceeding is bmught against LESSOR by reasons of any one or more thereof, LESSEE shall pay all costs, attomeys' feis, €xpenses and liabilities resulting therefrom and shall defend such action or proceeding ifLESSOR sha1 so request, at LESSEES expense, by counsel reasonably satisfactory 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 premisis, or &om the itrea o, sub-surface, o, fiom aly other place, or for any interferenco caused by operations by or for a govemmental authority in construction ofany public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theff, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agees ir; hold the LESSoR.harmless from any claims for damages, except wherc such damage or injury is-the result ofthe gross negligence or willftrl misconduct ofthe LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance polioy(ies) pursuant to the provision of the Florida trnsurance Risk Managoment Trust Fund and pursuant io the provisions of Section 768.28, Florida Statutes, during the term of this Lease. In addition; LESSEE shall provide and maintain Worke/s Compensation Insurance covering all employees mgeting Statutory Limits in_compliance with the applicable state and federal laws. The coverage shall include Employefs iiability with a minimum limlt of One Hundred Thousand Dollars and No/t00 Cents ($100,000.01i) each accident. Evidence of such insurance shall bs provided to the Collier County Risk Management Departnent in.care of Real Property Managemet\ 3335 East Tamiami rrail, Naples, Florida" 34112, for ipproval prior to t}e commencement of this Lease; and shall include a provision requiring thirty (i0) daii prio, written notice to Collier County c/o County Risk Management D€partnetrt in the event ofiancettarioo or changes in policy(ies) coverage. 16.E.5.a Packet Pg. 836 Attachment: Rommel Lease (2634 : Lease Agreement for State Representative Bob Rommel) The LESSEE acknowledges and agrees thst no changes or oansellations to the inswance coverage will occur without thirty (30) days prior writhn notice to LESSoR. LESSEE shall enzure flrat LESSEE,S insurance provider will be responsible for notifiing the LESSOR dirsctly of any changes relaied to insurance covsrage, LESSEE shalt also ensure that the fuNurance ccverage provided in accordance with this l,ease 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 canoellaiion. LESSOR reserves the right to reasonably amend the iosuranoe r€quirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice, LESSEE shall have rhify (30) days in which to obtain such additional insurance, ARTICLE 10. Maintenaoee LESSEE shall keep 0re Demised Premises clean at all times. ARTICLE I l. 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, t€rminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be ctEed within the notice period (or such additional time as is reasonably required to coneot such default). ARTICLE r 2. Defautt by LESSOR LESSOR shall in no event be charged with default in the perfonnance 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 roasonably requirod to correct such default) afler notice to LESSOR by LESSEE properly speciling wherein LESSOR has failed to perform any such obligations. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give to the olher party shall be in writing to the other party at the follo\l/ing addresses: LESSOR: Board of County Commissioners c/o Real Property Management 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 LESSEE: State Representativc BOb Rommel 3299 East Tamiami Trall,Suite 304 NaPleち Florida 34112 cc: Offise of the County Attomey ARTICLE I 4. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or iis earlier termination as herein provided, broom cloan and in as good condition and repair as the sarne shall be at the commenc€meDt ofthe lerm of this Lcase or may have been put by LESSOR or LESSEE dudng the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted.416.E.5.a Packet Pg. 837 Attachment: Rommel Lease (2634 : Lease Agreement for State Representative Bob Rommel) ARTICLE 15.General Provisions LESSEE e型 ""レ agrc∝おrヽ di b ttr酬 譜ゝ『環臨押鵡躙路Demised Premises which would interferc with Ol LESSORIS standard Operati。■s wheFe Other operatiOns share cOmmon fac∥ities. (→ RIghts not speci■ttlly granted the LESSEE by this Lcase are hercby reservcd to the LESSOR ° 編 淵 器 肌 7』SaleS tt impo"d on tte"nJ ofthe hお dP“面 "s油 ∝eO LESSEE品 :攪 群 #:糧 霊封:朧 :d PЮ ""taxCS訥 誠 m彎 “… sd tte b鵬 l in thc Dcmiscd Promお es or LESSEFS possesSon ofsaid 10aschold interest in the Demised Prolllises. ' ARTICLE 16.Environmental COnccms 躍 蝋 騨 ll淵 醐 I勲 鶴 熙 l楡 ぷ軸 堪L脚local or cOmmon law relating tO pollutiOn or protectlon ofthc envirOnmcnt. ARTICLE 17 Radon Cas h compliance with Section 404 056,FloHda Stamtes,all paltics are hereby made aware of the follo■ving: 為躙胤鵠 暇:器 鷺.bぜ 撫腸 e becn found h buildings h Florida Additlonal ay be obtattd■om yOuF COunty public H●alth ARTICLE 18.取 "nt ofLiens ・ .。慮:∬織濯投肌』驚庶:!Ⅷ患畢雪品wi蝋 電f常 鳳胤噺∬ギ悧脱淋謬搬肝譜認∬縦出ま鷹稲鷺雷轟鰍t鮮 螺脚辮IⅧnotice is given pursuant tO the provisiOns Ofand in compliancc with Sec●On 713.10,Florida Statutes. ARICLE 19 Erectivo Date This Lease shall bccOmc cmect市 e upon executiOn by both LESSOR alld LESSEE.516.E.5.a Packet Pg. 838 Attachment: Rommel Lease (2634 : Lease Agreement for State Representative Bob Rommel) ARTICLE 20. Govemins Law This Lease shall be govemed and mnskue.d in ac{,ordarce with thc laws of the st.te of Frorida. IN WTNESS WHEREOF, the padies hereto have hereunder set forth their hands and seals. AS TO LESSEE; DATED: WITNESS (signature) BY: ' BOB ROMMEL,Stttc Repた scntative (print name) MTNESS(signatrel CPFint namc) AS TO TIIE LESSOR: DATED: ATEST: DWIGHT E.BROC、clerk BOARD OF COUNTY COヽ QttssloNERSCOLLIER COUNTll FLORIDA BY: PENNY TAYLOR chaiman,Dcputy clcrk Approved as to form and legality: @"o(..'616.E.5.a Packet Pg. 839 Attachment: Rommel Lease (2634 : Lease Agreement for State Representative Bob Rommel) RESOLUT10N No。2017‐ RESOLUTION OF THN BOARD OF COUNTY COMMSSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREXMEIYT WITH STATE REPRESENTATIVE BOB ROMMEL FOR UTILIZATION OF OFX'ICE SPACE WITIIIN TIIf, ADMINISTRATION BUILDING. WHEREAS, Representative Bob Rommel ('Representative') desires to lease an office space wittrin the Administration Building, 3299 Tamiami Trail East suite 304, Naples, Florid4 owned by Collier County, a political subdivision of the State of Florida ("Collier County'), in order to operate a govemment office. WHEREAS, the Lease Agreernent (*ase) provides for an initial two (2) year temr, commencing on November 9,2016, whioh 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 purpos€s. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COLTNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, thAt: 1' The Board of County Commissioners does hereby approve the attached l,ease Agreement betw€er Collier Cormty and State Representative Bob Rommel. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached L€ase Ageement. This Resolution adopted this -- day of motion, second and majority vote. ATTEST: DWIGHT E BROCK,Clerk BY: . BOARD OF COUNTY COMMISS10NERSCOLLIERCOIJNTY,FLORIDA BY: PEblNY TAYLOR Chi=11lan 2017, aner Deputy Clerk Approved as to form and legality: ""u.sr"C16.E.5.b Packet Pg. 840 Attachment: Rommel Resolution (2634 : Lease Agreement for State Representative Bob Rommel)