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Agenda 04/12/2011 Item #10H 4/12/2011 Item 10.H. EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to adopt three Resolutions and approve related Lease Agreements for newly-elected government officials to utilize County-owned office space for annual revenue of $30. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to accept and execute three Resolutions and related Lease Agreements for Congressman David Rivera, State Representative Kathleen Passidomo and State Representative Jeanette Nunez to utilize County- owned office space at the Golden Gate Community Center and the Administration Building at the Main Government Center, respectively. CONSIDERATIONS: In order to have a local presence in the community, Congressman David Rivera is requesting office space at the Golden Gate Community Center, Suite 1, State Representative Kathieen Passidomo is requesting space in Suite 304 and Representative Jeanette Nunez is requesting use of Suite 305, both within the Administration Building at the Main Government Center. The attached Lease Agreements reflect each official's two-year term, and provides for automatic renewals pending each official's re-election to that office. The annual rental amount for each is $10. The County will pay for all utilities. janitorial service, and locai telephone service to the leased space. However, each official will be responsible for all long-distance telephone charges. As required by Florida Statute 125.38, a Resolution is attached which declares that the referenced suites are not required for County use and available for lease to the aforementioned officials. FISCAL IMPACT: The annual rental fee of $30 shall be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: The proposed Resolutions and Lease Agreements are legally sufficient for Board action and require majority vote - JBW RECOMMENDATION: That the Board of County Commissioners accepts and approves the Resolutions and Lease Agreements with Congressman David Rivera, State Representative Kathleen Passidomo and State Representative Jeanette Nunez, and authorizes its Chairman to execute the attached Lease Agreements and Resolutions. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department Packet Page -1610- 4/12/2011 Item 10.H. COLLIER COUNTY Board of County Commissioners Item Number: 10.H. Item Summary: Recommendation for the Board of County Commissioners to adopt three Resolutions and approve related Lease Agreements for newly-elected government officials to utilize County-owned office space for annual revenue of $30. Meeting Date: 4/12/2011 Prepared By. Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities 3/]7/20]] 2:13:33 PM Submitted by Title: Property Management Specialist, Senior,Facilities Name: DowlingMichael 3/l7/2011 2: 13:34 PM Approved By Name: CampS kip Title: Director - Facilities Management,Facilities Manage Date: 3/17/2011 3:33:01 PM Name: SmithKristen Title: Administrative Secretary, Risk Management Date: 3/18/201] 3:29:20 PM Name: MottToni Title: Manager - Property Acquisition & Const M,Facilitie Date: 3/28/2011 II :23:53 AM Name: WhiteJennifer Title: Assistant County Attorney.County Attorney ~.- Date: 3/28/:011 1 :28:55 PM Packet Page -1611- Name: PriceLen Title: Administrator - Administrative Services, Date: 3/29/2011 4:56: 1 0 PM Name: KlatzkowJeff Title: County Attorney, Date: 3/30/2011 11 :50:05 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 4/1/2011 12:42:00 PM Name: SheffieldMichael Title: Manager-Business Operations, CMO Date: 4/112011 5:40:59 PM A-. Packet Page -1612- 4/12/2011 Item 10.H. RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE REPRESENTATIVE KATHLEEN PASSIDOMO FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, State Representative Kathleen Passidomo ('Representative'), District 76, desires to lease an office space at 3299 East Tamiami Trail, Suite 304, Naples, Florida, within the Administration Building which is 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 tenn. 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 propcrty 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 OF COLLIER COUNTY, FLORIDA, that: I. 111e Board of Counly Commissioners does approve the attached Lease Agreement between Collier County and State Representative Kathleen Passidomo. 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 after motion, second and majority vote. day of , 201] ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COU'-1TY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: . Deputy Clerk BY: FRED W. COYLE. Chairman Approved as to forn1 and legal sufficiency: ~(~'"D~~ Jennifer B. Whl ,AssIstant County Attorney Representative Kathleen Passidomo, whose mailing address is Suite 304, 3299 Eas! Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of F]orida, whose mailing address is 3299 East Tamiami Trail, Naples, Florida 34] ] 2, hereinafter referred to as "LESSOR." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Oem ised Premises LESSOR hercby leases to LESSEE and LESSEE hereby leases from LESSOR the property located at the Collier County Govcrnment Centcr, Administration Building, Suite 304, 3299 East Tamiami Trail, Naples, Florida 34] 12, hereinafter called thc "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of operating a gcw emmcn! office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on November] 6,20] 0, and ending November 15,2012. LESSEE is granted the option, provided LESSEE is re-elected to the same office, and is not in default of any of the tenTIS 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 of LESSEE'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 of the Lnited States Post Oflke. 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 13 of this Lease. Said notice shall be effective upon placement of the notice in an olTicial 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 OOIl 00 Cents ($ I 0.00) per annum. The annual rent shall be paid in fiill 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 Charees 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 distanc~ telephone charges \',:hich are addressed below. Utility charges shall include. hut shall not be limited to. electricity, light. heat. air conditioning. po\ver, water, and sc\ver 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 lawful money of the United States uf America, at the address of LESSOR set lill1h in this Lease or at sLlch other place as LESSOR may designate. ARTICLE 5. I'vlodifications 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 fl.))' LESSOR'S \vrittcn approvall specifying in \\Tiling the nature and 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 direets, 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 oeeasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. LESSEE eovenants and agrees not to use, oecupy, suffer or permit said Demised Premises or any part thereof to be used or oecupied for any purpose contrary to law or the rules or regulations of any publie 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 ,,,ith 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. 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 Leasc. The acceptance orrent li"om any othcr person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Dcmised Premises. ARTICLE 8. Indemnitv LESSEE, in consideration ofTen Dollars (SI0.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, 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 properly (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever 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, (Cl any conditions of the Demised Premises due to or resulting rrom 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 invitces.ln case any action or proceeding is brought against LESSOR by reasons of anyone or more thercof LESSEE shall pay all costs, attorneys' 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 satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the clements or by other persons in the Demised Premises! or from the street or sub-surface, or from any other placc, or for any interference caused by operations by or lor a governmental authority in construction 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 thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages. except where such damage or injlll)' is the result of the gross negligence or willful misconduct of the LESSOR or its employees. 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/I 00 Cents ($100,000.00) each accidcnt. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 330 I East Tamiami Trail, Administration Building, Naples, Florida, 34 J ] 2, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior written notice to Collier County c/o County Risk Management Depanmcnt in the event of cancellation or changes in poIicy(ies) coverage. The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage will occur without thirty (30) days prior writtcn notice to LESSOR. LESSEE shall ensure that LESSEE'S insurance provider will be responsible for notifYing the LESSOR directly of any changes related to insurance coverage. LESSEE shall also ensure that the insurance coverage provided in accordance with this agreement 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 \0 reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon rcceipt of such notice Lessee shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shall keep the Demised Premises clean at all times ARTICLE II. 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 det'llIlt in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to peric)rm such obligations within thirty (30) days (or such additional time as is reasonably requircd to correct such default) after notice to LESSOR by LESSEE properly specifyiag wherein LESSOR lIas failed to perform any such obligations. ARTICLE 13. Notices Aay notice which LESSOR or LLSSEE may be required to gi\c to the other pal1y shall be ]n writing to the other pal1y at the following addresses: LESSOR: I.LSSIT: Board of County Commissioners c/o Real Propel1y Management Building 'W' 3335 East Tamiami Trail, Suite 1 (J I Naples, Florida 34 I 12 State Representative Kathleen Passidomo Administration l3uilding, Suite 304 3299 East Tamiami Trail J\aples, Florida 34112 cc: Omee of the County Attorney facilities Management Department Director 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 (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 of the Demised Premises where applieable under law. (e) 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 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold hannless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution Of protection of the environment. ARTICLE 17. Radon Gas In compliance with Section 404.056, Florida Statutes, all pal1ies 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 18. 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 bc 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 Prcmises or an)' paJ1 of cither. This notice is given pursuant to the provisions of and in compliance with Section 713.10, 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 governed and construed in accordancc with the laws of the State of Florida. IN WITNESS WHEREOF. the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DA TED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COU1\TY, FLORIDA , Deputy Clerk BY: FRED W. COYLE, Chairman ~_. wi (signature) Kev\V"\ (OfVl&e/" (print name) --l ./J~-v- fNESS (signature) c.JM'l;J l. rJfJ[Z 'n, fTW (print name) Approved as to form and legal sufficiency: ~.,--{)0~ Jennifer B. White, Assistant County Attorney --- IDOMO, State Representative RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROYING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE REPRESENTATIVE JEANETTE NUNEZ FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, State Representative Jeanette Nunez ('Representative'), District 112, desires to lease an office space at 3299 East Tamiami Trail, Suite 305, Naples, Florida, within the Administration Building which is 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 tenn. 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 OF COLLIER COUNTY, FLORlDA, that: I. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and State Representative Jeanette Nunez. 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 after motion, second and majority vote. day of ____~ , 2011 ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , Deputy Clerk BY: FRED \AI. COYLE. Chairman Approved as to form and legal sufficiency: ""\, ' " ',; --.- , \ '""'\ , "'-' "'-'-"' '-Z... Jennifer B. Vv lite, Assistant County Attorney Representative Jeanette Nunez, whose mailing address is Suite 305, 3299 East Tamiami Trail, Naples, Florida 34] 12, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 East Tamiami Trail, Naples, Florida 341 ]2, hereinatter referred to as "LESSOR." WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. 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, Naplcs, Florida 34112, hereinafter called 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 16, 20 I 0, and ending November 15, 2012. LESSEE is granted the option, provided LESSEE is re-eleeted 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 of LESSEE'S intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate herehy created. Said nOlice shall be effective upon placement of the notice in an onicial depository of the Unitcd States Post Office. Registered or Certified Mail, Postage Prepaid. LESSOR and LESSEE reserve the right to terminate this I_ease, with or without cause, by providing LESSEE with thilty (30) days wrillen notice to the address set forth in Article 13 of this Lease. Said notice shall be effective upon placemcnt of the notice in an official depository of the United States Post Office, Registered or Certijied 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. ]n 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 Char~es LESSOR shall pay all costs associated \I ilh 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, poyver, ,,>.,'ater, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSOR shall bill, on a monthly basis. I.ESSEE for a!llong distance calls. LESSEE covenants to pay LESSOR for monthly telephone long distance charges, within thirty (}O) days of receipt of invoice. in lawfulmoncy of the United States Df America, at the address Df LESSOR set f0l1h in this Lease or al sueh other place as LESSOR may designate. ARTICLE 5. Modifications to Demised Prcm ises 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 Jor LESSOR'S written approval, specifying in writing the nature and 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. 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. 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 penn it 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 other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. ARTICLE 8. Indemnitv LESSEE, in consideration of Ten Dollars ($ I 0.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, 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 of use thereof) related to (A) LESSEE'S use of the Demised Premises, (8) any work or thing whatsoever 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 perfonnance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, sl1btenants~ licensee or invitecs. In ca:;e any action or proceeding is brought against LESSOR by reasons of anyone or more thereof, LESSEE shall pay all costs, anomeys' fees, expenses and liabilities resulting there1i'om and shall defend such aclion or proceeding if LESSOR shall so request, at LESSEE'S 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 clements or by otber 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 authority in construction of any publ ic or quasi-pub I ic 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 thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. Limit~ in compliance with the applicable ~tate and federal laws. 111e ~overag~ shall include Emp]oyer's Liability with a minimum limit of One Hundred Thousand Dollars and Noll 00 Cents ($] 00,000.00) eaeh accident. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior m'itten notice to Collier County clo County Risk Management Department 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 notifYing the LESSOR directly of any changes related to insurance coverage. LESSEE shall also ensure that the insurance coverage provided in accordance with this agreement shall require that the company or companies writing such insurance policy(ies) shall provide to LESSOR written noticc of cancellation thil1y (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. ART]CLE 10. Maintenance LESSEE shall keep the Demised Premises clean at all times ART]CLE ]]. 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 rcquired to con'ect such default). ARTICLE ]2. Default bv LESSOR LESSOR shall in no e"el1l 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 13. 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 clo Rea] Property Management Building 'Vi' 3335 East Tamiami Trail, Suite 101 Naples, Florida 34] 12 State Representative .Jeanette "unez /\dminisrration Building, Suite 305 3299 East Tamiami Trail Nap]es, Florida 34112 ec: Office of the County Attorney Facilities Management Department Director 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 carlier 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 (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 of the 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 Premis~s or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 17. 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 18. 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 p3lt of either. This notice is given pursuant to the provisions of and in compliance with Section 7] 3. ] 0, Florida Statutes. ARTICLE 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. Governing Law Th is Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WIIEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: FRED W. COYLE, Chaillnan WITNESS (sib at e ~l'\-W ~V~ (print name) } f i------- W ESS (signature) .5"D~~ L. N/JEfl--i+- Y (print name) Approved as to form and legal suf1ieieney: ~--0kJ ~ Jennifer B. hite, Assistant County Attorney By:~f:fL . JEAN~ETTE NUNEZ, State Representa!' 'e Distriet112 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CONGRESSMAN DAVID RIVERA AT THE GOLDEN GATE COMMUNITY CENTER. WHEREAS, United States Congressman David Rivera ('Congressman') desires to lease an office space at the Golden Gate Community Center, which is owned by Collier County, a political subdivision of the State of Florida ("'Collier County"), in order to operate a United States government office. WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects the Congressman's election term. The Lease provides for automatic renewal terms, if the Congressman is re-elected, for additional two (2) year tenns 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 Congressman's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COlJNTY COMMISSIONERS OF COLLIER COUNTY, FLORJDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and United States Congressman David Rivera. 2. The Chairman of the Board of COW1ty Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. 111is Resolution adopted this after motion, second and majority vote. day of , 201 I ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: FRED W. COYLE, Chairman BY: Approved as to fonn and legal sufficiency: _ ~\~D~ Jennifer B. White, Assistant County Attorney THIS LEASE AGREEMENT entered into this _~ day of , 2011, between Congressman David Rivera, whose mailing address is 4715 Golden Gate Parkway, Naples, Florida 34116, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3299 East Tamiami Trail, Naples, Florida 34112, hereinafter refen-ed to as "LESSOR". WITJ>,;ESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the partics agree as follows: ARTICLE 1. Dcmised Premises LESSOR hereby leases to LESSEE and LESSEE hercby leases from LESSOR the property located at the Golden Gatc Community Center, 4715 Golden Gate ParJ..-way, Suite I, Naples, Florida 34116, hereinafter referred to as the "Demised Premises", situatcd in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. Absent reservation of exclusive use for specified temporary periods of time, LESSEE shall be granted non-cxclusive use of the Conference Room at the subject property. The Conference Room shall be generally shared by the other occupants of the building and for other County-related business. However it is understood that, from time-to-time, LESSEE will require exclusive use of this Conference Room. Exclusive temporary use of this Conference Room by LESSEE will be granted by in advance scheduling of such exclusive use through an authorized County cmploycc at the subject property. Absent an emergency in the specific instance, such request for exclusive use should be requested at least one day in advance. ARTICLE 2. 'I' ern1 of Lease LESSEE shall have and hold the Demised Premises for a tellll of two (2) years, conU11encing on January 2, 2011 and ending January 1, 2013. LESSEE is granted the option, provided LESSEE is reelected to the same office, and is not in default of any of the tellllS of this Lease, to automatically renew same for additional tCllns of two (2) years each which shall reflect the LESSEE'S tel111 of office, under the samc tellllS 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 tban 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. LESSOR reserves the light to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written nolice to the address set forth in Article 14 of this Lease. Said notice shall be cffective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Tvlaill PoslHge Prepaid. .ARTlCLE 3. ]lent LESSEE hereby covcnants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/1 00 Cents ($10.00) per annum. The rent fell' the initial Lease term shall be paid in full lhil1y (30) days following the execution of this Lcase 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 rcnc\val ten11 and shall be paid in full for the renewal tenll thereof and shall be paid within tl1irty (30) d"ys fnr the cummenecmcnt of the rcnewal term. ARTICLE 4. Other Expenses and Chan!cs 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, bul shall not be limited to, electricity, light, heat, air conditioning, power, watef, and sc\vcr services used, rendered or supplied thereupon or in connection \\'ith the nemisf~rl Prf'f11ises 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 ternlination of this Lease or any renewal tenn 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 agTees not to use, occupy, suffer or pennit 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 Prenlises 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 scrvices therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assimlment and Subletting LESSEE covenants and af,'Tees 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, tenninate this Lease afler providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within tbe nOlice 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 tbe perfOl1l1anCe 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 falled to pcrfonn any such obligations. Board of County Commissioncrs c/o Real Property Mgmt. Dept. 3335 East Tarniami Trail, Suite 101 Naples, Florida 34112 Congressman David Rivera 4715 Golden Gate Parkway Naples, florida 34112 cc: Office of the County Attorney Facilitics Managcment Department Director ART1CLE 15. Surrender of Premises LESSEE shall deliver up and sun'ender to LESSOR possession of the Demised Premises at the tennination of this Lease, or its earlier tennination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the tenn of this Lease or may have been put by LESSOR or LESSEE during the continuance tkrcof, ordinary wear and tear and damagc by firc 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 spccifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the 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 leaschold interest in the Demised Premi"es or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. Environmental Concerns LESSEE represcnts, warrants and agrees to indcmnify, reimburse, defend and hold hannless LESSOR, from and against all costs (including attorneys fees) asselted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE] 8. 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 tlwt, \vhcn it has accumulated in a building in sufficient quantities, may prcsent health risks to persons who are exposed to it over time. Levels of radon that cxceed federal and state guidelines have been found in buildings in Florida. Additional infonnation regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 19. Extcnt of Liens All persons to whom these presents may come are put upon noticc 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 1ien 011 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 20. Effeetivc Date This Lease shall become effective upon execution by bOlh LESSOR and LESSEE. DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk AS TO LESSEE: DATED: 02 /(1 I //0 WlT!:2:;;;a:ure) , . . 001//((1 {lrQJJ.eL1U.J (print name) 'J -j(;' ' \ /17 e.?? !-I-c:Z1:~/'-/.L~'--- WlTNESS (signatu;ej I\OftfJ t!OrfYJ?'/) (print name) Approved as to [onn and legal sufficiency: ~'1~~l~ Jennifer B. White, Assistant COWlty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, Chairman Qr/ ----..... BY: CONGRESSMAN DAVID RIVERA.