Agenda 03/12/2013 Item #16E2 3/12/2013 16.E.2.
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution and approve a Lease Agreement with
State Representative Carlos Trujillio for use of County-owned office space for two
years for total revenue of$20.
OBJECTIVE: To execute a Lease Agreement with State Representative Carlos Trujillio
for office space within the Administration Building at the Government Center.
CONSIDERATIONS: In order to have a local presence in the community,
Representative Carlos Trujillio (Representative') is requesting to lease office space
within the Administration Building at the Government Center located at 3299 East
Tamiami Trial, Suite 305, Naples, Florida. The two-year Lease term is retroactive as of
November 7, 2012 and runs to November 15, 2014 to reflect the Representative's
election term. The Lease contains a two-year automatic renewal period pending the
Representative's re-election. The County reserves the right to terminate the Lease by
providing the Representative with advanced written notice. The rent during the initial
and renewal Lease terms is $10 annually. The County is responsible for all utilities and
janitorial service and the Representative is responsible for long distance telephone
charges.
As required by Florida Statute 125.38, a Resolution is attached declaring that the office
space is not required for County use and, therefore, available for lease to
Representative Trujillio.
FISCAL IMPACT: The annual rental fee for the two-year term of $20 will be deposited
into the General Fund (001).
GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management
Plan.
LEGAL CONSIDERATIONS: The proposed Resolution and Lease Agreement are legally
sufficient for Board action. —JAK
RECOMMENDATION: That the Board of County Commissioners approves the Lease
Agreement with State Representative Carlos Trujillio and authorizes its Chairman to
execute the attached Lease Agreement and Resolution.
PREAPRED BY: Michael Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.2.
Item Summary: Recommendation to adopt a Resolution and approve a Lease Agreement
with State Representative Carlos Trujillio for use of County-owned office space for two years for
total revenue of$20.
Meeting Date: 3/12/2013
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
2/14/2013 12:56:51 PM
Approved By
Name: CampSkip
Title: Director-Facilities Management,Facilities Manage
Date: 2/21/2013 1:03:36 PM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 2/22/2013 12:13:50 PM
Name: MottToni
Title: Manager-Property Acquisition& Const M,Facilitie
Date: 2/25/2013 9:30:51 AM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 2/27/2013 12:21:17 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 2/28/2013 2:23:00 PM
Name: KlatzkowJeff
Title: County Attorney
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Date: 2/28/2013 2:31:12 PM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Of ce of Manag
Date: 3/1/2013 11:26:19 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 3/1/2013 2:03:22 PM
•
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Lease# BCC -
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of , 2013, between
State Representative Carlos Trujillo, whose mailing address is 3299 East Tamiami Trail, Suite
305, Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY. a
political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail,
Suite 101,Naples, Florida 34112, hereinafter referred to as "LESSOR".
WITNES SETH
In consideration of the mutual covenants contained herein, and other valuable
consideration, the parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property
located at the Collier County Government Center. Administration Building, Suite 305, 3299 East
Tamiami Trail. Naples, Florida 34112, hereinafter referred to as the "Demised Premises,"
situated in the County of Collier and the State of Florida, for the sole purpose of operating a
government office.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of two (2) years,
commencing on November 7, 2012 and ending November 15, 2014. LESSEE is granted the
option. provided LESSEE is reelected to the same office, and is not in default of any of the terms
of this Lease, to automatically renew same for additional terms of two (2)years each which shall
reflect the LESSEE'S term of office, under the same terms and conditions as provided herein.
LESSEE will be required to notify LESSOR by written notice of LESSEE'S intention to continue
occupying the Demised Premises not less than fifteen (15) days after his reelection. 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 or by email.
LESSOR reserves 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 14 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.
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 rent for the initial Lease term shall be
paid in full thirty (30) days following the execution of this Lease by LESSOR.
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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 and shall be paid in full for the
renewal term thereof and shall be paid within thirty (30) days of the commencement of the
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 any and utility charges, except for local and long distance
telephone charges, which shall be paid by the LESSEE. 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.
ARTICLE 5. Modifications to Demised Premises
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,
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 he 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 terns 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.
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.
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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.
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.
ARTICLE 8. Indemnity and Insurance
The LESSEE is covered by protection of the Federal Tort Claim Act.
ARTICLE 11. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
ARTICLE 12. Default by 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 13. 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 14. 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 State Representative Carlos Trujillo
do Real Property Mgtnt. Dept. 3299 East Tamiami Trail, Suite 305
3335 East Tamiami Trail. Suite 101 Naples, Florida 34112
Naples, Florida 34112
cc: Office of the County Attorney
Facilities Management Department Director
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ARTICLE 15. 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 16. 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.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the
LESSOR.
(b) If applicable to this Lease, LESSEE agrees to pay all sales tax imposed on the rental of the
Demised Premises where required 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.
ARTICLE 17.
Left Blank Intentionally.
ARTICLE 18. 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 information regarding radon and radon testing may be obtained from your County
Public Health Department.
ARTICLE 19. 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. ,,,.,w,
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' ARTICLE 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and
seals.
AS TO LESSEE:
DATED:
BY:
WITNESS (signature) STATE REPRESENTATIVE CARLOS TRUJILLO
(print name)
WITNESS (signature)
(print name)
AS TO THE LESSOR:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,Clerk COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk GEORGIA A. HILLER, ESQ.. Chairwoman
Approved s << ,_ ! • egal sufficiency:
s
Jeffrey A. a },o' County Attorney
5
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.RESOLUTION NO. 2013 -
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN
COLLIER COUNTY AND STATE REPRESENTATIVE CARLOS TRUJILLO,
DISTRICT 105, FOR UTILIZATION OF OFFICE SPACE WITHIN THE
ADMINISTRATION BUILDING.
WHEREAS, State Representative Carlos Trujillo (`Representative') desires to lease an office
space within the Administration Building, Suite 305, 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 provides for an initial two (2) year term which reflects the
Representative's election term. The Lease provides for automatic renewal terms, if the Representative is
re-elected, for additional two (2) year terms following the initial Lease term. 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.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
I
OF COLLIER COUNTY, FLORIDA, that:
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1. The Board of County Commissioners hereby approves the attached Lease Agreement between
Collier County and State Representative Carlos Trujillo.
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 2013,
after motion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: BY:
, Deputy Clerk GEORGIA A. HILLER, ESQ., CHAIRWOMAN
Approved as t •,a _.ancLJ gal sufficiency:
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Jeffrey A. it. ,;(11411, ounty Attorney
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