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Backup Documents 01/08-09/2013 Item #11G16n W192t Y../ -4-II(D EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with Congressman Trey Radel for use of County - owned office space for an initial two year term at a total revenue of $20. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to accept and execute a Resolution and Lease Agreement for Congressman Trey Radel 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, Congressman Trey Radel has requested utilization of office space contained in Suite 105 within the Administration Building at the main Government Center. The attached Lease Agreement reflects Congressman Radel's electoral term of two (2) years beginning January 3, 2013 to January 2, 2015. The Lease includes a renewal option for additional two -year terms pending the Congressman's re- election. The annual rental amount of $10 will be paid in advance. The County is responsible for all utilities, janitorial service, one cable television outlet and local telephone service to the leased space. The Congressman will be responsible for all long- distance telephone charges. As required by Florida Statute 125.38, a Resolution declaring that Suite 105 is not required for County use and available for lease to Congressman Radel is attached. FISCAL IMPACT: The annual rental fee of $10 will be paid in full for the two years, in advance, and shall be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: The proposed Resolution and Lease Agreement have been reviewed by the County Attorney's Office, are legally sufficient, and require a majority vote for approval. — JAK RECOMMENDATION: That the Board of County Commissioners accepts and approves the Resolution and Lease Agreement with Congressman Trey Radel and authorizes its Chairwoman to execute the attached Lease Agreement and Resolution. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department RESOLUTION No. 2013 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CONGRESSMAN TREY RADEL FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, Congressman Trey Radel (`Congressman') desires to lease an office space on the first floor of the Administration Building, Suite 105, 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 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 Congressman'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: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Congressman Trey Radel, U.S. House of Representatives. 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 motion, second and majority vote. ATTEST: DWIGHT. E. BROCK, Clerk Deputy Clerk and legal sufficiency: Jeffrey J. Klatzkow, County Attorney day of , 2013 after BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: GEORGIA A. HILLER, ESQ., CHAIRWOMAN Lease # LEASE AGREEMENT 4tm-J�)tf0 THIS LEASE AGREEMENT entered into this day of , 2013, between United States Congressman Trey Radel, whose mailing address is 3299 East Tamiami Trail, Suite 105, Naples, Florida 34112, 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, hereinafter referred to as "LESSOR ". WITNESSETH 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, 3299 East Tamiami Trail, Suite 105, Naples, 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 United States government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on January 3, 2013 and ending January 2, 2015. LESSEE is granted the option, provided LESSEE is re- elected 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 which shall reflect the LESSEE'S term of office, 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 United States Post Office, Registered or Certified Mail, Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be 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 processed by LESSOR for the new term. 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. 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 for the commencement of the renewal term. 1 "" 00 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 long distance telephone charges which are addressed below. Utility charges shall include, but shall not be limited to, one (1) cable television outlet, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall be billed by LESSOR for two (2) telephone voice lines. LESSOR shall bill, on a monthly basis, LESSEE'S Washington, D.C. office for all Suncom, telephone voice lines and long distance calls. LESSEE covenants to pay LESSOR for monthly Suncom, telephone voice lines and long distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. 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 be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. 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 r� 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 Congressman Trey Radel c/o Real Estate Services 3299 East Tamiami Trail, Suite 105 3335 East Tamiami Trail Naples, Florida 34112 Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director 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. 3 14tv4f- <<Co 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 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 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. 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. ARTICLE 22. District Office Lease As a requirement by the United States House of Representatives, a District Office Lease has been attached to this Lease as an Addendum. Signatures appear on the following page. 4 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. 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 AS TO LESSEE: DATED: WITNESS (signature) (print name) WITNESS (signature) (print name) t Approved 1,4 d legal sufficiency: Jeffrey A. R J, at tow, County Attorney iIJ& w BY: TREY RADEL, UNITED STATES CONGRESSMAN DISTRICT 19 5 l4�wtgjo v.S..Mouse of Representatives Washington, D.C. 20515 District Office Lease (Page 1 of 2 -113th Congress) Pursuant to 2 U.S.C. § 57, and the Regulations of the Committee on House Administration (as modified from time to time by Committee Order) relating to office space in home districts, (Landlord's name) (Landlord's street address, city, state, ZIP code) ( "Lessor "), and 2 A'-t, `- , a Member/Member -Elect of the U.S. House of Representatives ( "Lessee "), agree as follows: 1. Location. Lessor shall lease to Lessee square feet of office space located at 5 (Office street address) in the city, state and ZIP code of / / S, /%(- , -F / /i Z (Office city, state and ZIP) 2. Parking. The Lease includes (please check any and all that apply): R parking spaces that are assigned .� 41- i( parking spaces that are unassigned ❑ General off - street parking on an as available basis ❑ No off - street parking 3. Term. Lessee shall have and hold the leased premises for the period beginning /— 3 , 20 /,1 and ending / ° Z , 20 J J' . The term of this District Office Lease ( "LEASE ") may not exceed two years and may not extend beyond January 2, 2015, which is the end of the constitutional term of the Congress to which the Member is elected. 4. Rent. The monthly rent shall be , and is payable in arrears on or before the last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily basis for any fraction of a month of occupancy. 5. Early Termination. This Lease may be terminated by either party giving d days' prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. 6. Payments. During the term of this Lease, rent payments under Section 4 shall be remitted to the Lessor by the Chief Administrative Officer of the U.S. House of Representatives ( "CAO ") on behalf of the Lessee. 7. District Office Lease Attachment for 113''' Congress. The District Office Lease Attachment attached hereto is incorporated herein by reference, and this Lease shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment for the 113th Congress. 8. Counterparts. This Lease may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. V.S. Ifouse of Representatives Washington, D.C. 20515 District Office Lease (Page 2 of 2 — 113`h Congress) 9. Section Headings. The section headings of this Lease are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. 10. Modifications. Any amendments, additions or modifications to this Lease inconsistent with Sections 1 through 9 above shall have no force or effect to the extent of such inconsistency. 11. Other. Additionally, the Lessor and the Lessee agree to the following: IN WITNESS WHEREOF, the parties have duly executed this District Office Lease as of the later date written below by the Lessor or the Lessee. Print Name (Lessor/Landlord) Print Name (Lessee) Lessor Signature Date Lessee Signature Date This District Office Lease must be accompanied by an executed District Office Lease Attachment. 10*{1 V.S. Ifouse of Representatives Washington, D.C. 20515 District Office Lease Attachment (Page 1 of 4 —113th Congress) 1. Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee (Member/Member -Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ( "Attachment ") is incorporated into and made part of the Lease ( "Lease ") and, if applicable, District Office Lease Amendment ( "Amendment ") to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives ( "House ") nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House ( "CAO ") to Lessor to satisfy Lessee's rent obligations under the Lease — which payments are made solely on behalf of Lessee in support of his /her official and representational duties as a Member of the House — shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ( "Administrative Counsel ") must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing on page 4 of this Attachment. 5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202 - 225 -7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee. 8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a) terminate the Lease by giving thirty (30) days' prior written notice to Lessor; or (b) assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice is postmarked. V.S. Yfouse of Representatives Washington, D.C. 20515 District Office Lease Attachment (Page 2 of 4 —113`h Congress) 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office. Should the Member -Elect not take office to serve as a Member of the 113t' Congress, the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, B -245 Longworth House Office Building, Washington, D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515. 11. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in writing in the event Lessor sells, transfers, or otherwise disposes of the leased premises; in the event Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, B -245 Longworth House Office Building, Washington, D.C. 20515. 12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor. Such an estoppel certificate shall not require the review and approval of the Administrative Counsel. 13. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas. 14. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment (including window air conditioning units provided by the Lessor) serving the premises. 15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor's failure to fulfill its obligations under Sections 13 and 14. 16. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 17. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. 1ko-11 11co V.S. Mouse of Representatives Washington, D.C. 20515 District Office Lease Attachment (Page 3 of 4 —113th Congress) 18. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 20. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 21. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 22. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency. 23. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, arms - length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 26. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 27. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows. ] V.S. 04�-J�(V Yfouse of Representatives Washington, D.C. 20515 District Office Lease Attachment (Page 4 of 4 —113th Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. Print Name (Lessor) Lessor Signature Date Print Name (Lessee) Lessee Signature Date From the Member's Office, who is the point of contact for questions? Name Phone ( ) E -mail 0)..mail.house.eov This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration. Signed Date (Administrative Counsel) 20 Send completed forms to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515. Copies may also he faxed to 202 -225 -6999 ORIGINAL DOCUMENTS CHECKLIST &ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's si ature, draw a line throu to ing lines #1 through #4, complete the checklist, and forward to Ian Mitchell line #6). Route to Addressee(s) (List in routing order) Office Initials Date 1. appropriate. (Initial) Applicable) 2. / Agenda Item Number �-T) 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed yv) 4.�0 Lpt 3 _ °� A'—' Number of Original 5. BCC Office Board of County Commissioners ? I l3 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is , Phone Number N/A (Not Contact appropriate. (Initial) Applicable) Agenda Date Item was / Agenda Item Number �-T) Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed yv) Type of Document Lpt 3 _ °� A'—' Number of Original Attached /� C`� Documents Attached INSTRUCTIONS & CHECKLIST 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011 Z: 11 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is , Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed yv) by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. Is the Chairman's original signature required? Y�A ` 3. All handwritten strike - throughs and revisions have been initialed by the County Attorney's A Office and all other parties except the BCC Chairman and the Clerk to the Board. 4. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date, whichever is applicable. 5. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 6. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your dea in s! 7. The document was approved by the BCC on 1 (enter date) and all changes w ` made during the meeting have been incorpora d in the attached document. The Count Attorney's Office has reviewed the changes, if applicable. 1: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip, Revised 6 -15 -2011 Z: 11 11G MEMORANDUM Date: January 25, 2013 To: Michael Dowling, Property Management Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Lease — Trey Radel & Resolution 2013 -15 Attached is one (1) scanned copy of the original lease and resolution referenced above (Item #11G) approved by the Board of County Commissioners on Tuesday, January 9, 2013. The originals have been kept by the Minutes and Records Department as part of the Boards Official Records. If you have any questions, please contact me at 252 -7240. Thank you. 11G RESOLUTION No. 2013 -15 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND CONGRESSMAN TREY RADEL FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, Congressman Trey Radel (`Congressman') desires to lease an office space within the Administration Building, Suite 105, 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 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 Congressman'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: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Congressman Trey Radel, U.S. House of Representatives. 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. ATTE E''3 DWIGI `I E �BkOCX Clerk BY. Deputy Clerks ' . . ApprovetJff4rm and legal sufficiency: Jeffrey A. R, County Attorney BOARD OF COUNTY COMMISSIONERS COLLAP, Cq) TY, FLORIDA If klr� 'A" HILLER, ESQ., CHAIRWOMAN Lease # (�) < c v v LEASE AGREEMENT THIS LEASE AGREEMENT entered into this ��ay of Z,/ 2013, between United States Congressman Trey Radel, whose mailing address is 3299 East Tamiami rail, Suite 105, Naples, Florida 34112, 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, hereinafter referred to as "LESSOR ". WITNESSETH 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, 3299 East Tamiami Trail, Suite 105, Naples, 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 United States government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on January 3, 2013 and ending January 2, 2015. LESSEE is granted the option, provided LESSEE is re- elected 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 which shall reflect the LESSEE'S term of office, under the ,same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to lq de 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 United States Post Office, Registered or Certified Mail, Postage Prepaid. Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall be 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 processed by LESSOR for the new term. 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. 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 for the commencement of the renewal term. 11G 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 long distance telephone charges which are addressed below. Utility charges shall include, but shall not be limited to, one (1) cable television outlet, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. LESSEE shall be billed by LESSOR for two (2) telephone voice lines. LESSOR shall bill, on a monthly basis, LESSEE'S Washington, D.C. office for all Suncom, telephone voice lines and long distance calls. LESSEE covenants to pay LESSOR for monthly Suncom, telephone voice lines and long distance charges, within thirty (30) days of receipt of invoice, in lawful money of the United States of America, at the address of LESSOR set forth in this Lease or at such other place as LESSOR may designate. ARTICLE S. 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 be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencies. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. 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. 11G 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 Congressman Trey Radel c/o Real Estate Services 3299 East Tamiami Trail, Suite 105 3335 East Tamiami Trail Naples, Florida 34112 Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director 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. 11G 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 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 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. 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. ARTICLE 22. District Office Lease As a requirement by the United States House of Representatives, a District Office Lease has been attached to this Lease as an Addendum. Signatures appear on the following page. 11G'' IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: / 9 ..� BOARD OF rOUNTY COMMISSIONERS Clerk COLLIER Y)/ NTY, FLORIDA AS TO LESSEE: DATED: /. /0- / 3 vjf /� WITNESS (signature) M&# PUSa-+itr- (print name) WIT'NE S M, (s'�+,a�ture) G r- PJ^1►Ci �1 (print name) Approved igfn3 legal sufficiency: Jeffrey A. 1qa#k, ow,-County Attorney BY: ESQ., CHAIRWOMAN BY: t�- /?,Jj TREY L, UNITED STATES CONGRESSMAN DISTRICT 19 5 11G V.S. Mouse of Representatives Washington, D.C. 20515 Nub` KM LM (Page 1 of 2 —113' Congress) Pursuant to 2 U.S.C. § 57, and the Regulations of the Committee on House Administration (as modified from time to time by Committee Order) relating to office space in home districts, eit.. CUct,JrV /4 tQ01 ncn( su � ,V►'1" u,J vil'7*'- �7'`�f . (Landlord's name) (Landlord's street address, city, state, ZIP code) ( "Lessor"), and -T- q 2 Ara c `- , a Member/Member -Elect of the U.S. House of Representatives ( "Lessee "), agree as follows: 1. Location. Lessor shall lease to Lessee square feet of office space located at (Office street address) in the city, state and ZIP code of A a I e- 5, f , .� V /r Z (Office city, state and ZIP) 2. Parking. The Lease includes (please check any and all that apply): ®' / parking spaces that are assigned :,4- 4/1- dpo 4Arking spaces that are unassigned - �}�1y v--,t ❑ General off - street parking on an as available basis ❑ No off - street parking 3. Term. Lessee shall have and hold the leased premises for the period beginning %` .-.. S , 20_Z_I_ and ending / " Z , 20 / ,:S' . The term of this District Office Lease ( "LEASE ") may not exceed two years and may not extend beyond January 2, 2015, which is the end of the constitutional term of the Congress to which the Member is elected. See Ar -ielc 3 lease Agre e*Ae✓ + 4. Rent. The monthly rent shall be A , and is payable in arrears on or before the last day of each calendar month. Rent payable under this LEASE shall be prorated on a daily basis for any fraction of a month of occupancy. 5. Early Termination. This Lease may be terminated by either party giving d days' prior written notice to the other party. The commencement date of such termination notice shall be the date such notice is delivered or, if mailed, the date such notice is postmarked. 6. Payments. During the term of this Lease, rent payments under Section 4 shall be remitted to the Lessor by the Chief Administrative Officer of the U.S. House of Representatives ( "CAO ") on behalf of the Lessee. 7. District Office Lease Attachment for 113`h Congress. The District Office Lease Attachment attached hereto is incorporated herein by reference, and this Lease shall have no force or effect unless and until accompanied by an executed District Office Lease Attachment for the 113'h Congress. 8. Counterparts. This Lease may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 11G V.5. Mouse of (Rgpresentatives Washington, D.C. 20515 Fmftt O (Page 2 of 2 —113"' Congress) 9. Section Headings. The section headings of this Lease are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. 10. Modifications. Any amendments, additions or modifications to this Lease inconsistent with Sections 1 through 9 above shall have no force or effect to the extent of such inconsistency. 11. Other. Additionally, the Lessor and the Lessee agree to the following: IN WITNESS WHEREOF, the parties have duly executed this District Office Lease as of the later date written below by the Lessor or the Lessee. BOARD OF COUNTY OMMISSIONERS COLLIE COUNTY, FLORIDA l�o►GiG' >dintrName ( ssor/Landlord) Aint Name (Lessee) V V " LeMor Signature GEORGIA A. HILLER, ESQ. CHAIRWOMAN ?, tom' Date %Je ro ed f orm and legal sufficiency: 1 zkow County tt rney .......... VIC r vc,�vIy vac t4-.3A E�-- A&jj see Signature o. 13 Date This District Office Lease must be accompanied by an executed District Office Lease Attachment. 11G V.S. Mouse of fpresentatives Washington, D.C. 20515 astN Off1e0 LM Att d=t (Page 1 of 4 -11 a Congress) 1. Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee (Member/Member -Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ( "Attachment ") is incorporated into and made part of the Lease ( "Lease ") and, if applicable, District Office Lease Amendment ( "Amendment ") to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives ( "House ") nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House ( "CAO ") to Lessor to satisfy Lessee's rent obligations under the Lease — which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House — shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ( "Administrative Counsel ") must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing on page 4 of this Attachment. 5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202 - 225 -7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee. 8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a) terminate the Lease by giving thirty (30) days' prior written notice to Lessor; or (b) assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice is postmarked. 11G J.S. Jfouse of W§presentatives Washington, D.C. 20515 NOW Offt LM AtteChment (Page 2 of 4 —113`" Congress) 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office. Should the Member -Elect not take office to serve as a Member of the 113'' Congress, the Lease will be considered null and void. 10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, B -245 Longworth House Office Building, Washington, D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515. 11. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in writing in the event Lessor sells, transfers, or otherwise disposes of the leased premises; in the event Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, B -245 Longworth House Office Building, Washington, D.C. 20515. 12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor. Such an estoppel certificate shall not require the review and approval of the Administrative Counsel. 13. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas. 14. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment (including window air conditioning units provided by the Lessor) serving the premises. 15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor's failure to fulfill its obligations under Sections 13 and 14. 16. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 17. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. V.5.5fouse of f fresentatives Washington, D.C. 20515 ff8WKftLMAtWMft (Page 3 of 4 —1130' Congress) 18. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 20. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 21. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 22. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency. 23. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, arms - length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 26. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 27. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows.] I . 11G V.S. %ouse of f praentatives Washington, D.C. 20515 ftt BMW Lease AttOMt (Page 4 of 4 —113th Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. BOARD OF COUNTY CO ISSIONERS COLLIER COUNTY, F ORIDA —Trey Ra A e I _ , $rint N (Lessor) Tfrint Name (Lessee) �A A / Ut Uk9ior Signature CLessee Signature GEOR A A. HILLER, ESQ., CHAIRWOMAN Date Date From the Member's Office, who is the point of contact for questions? i r Namemod+ f usa +t Phone (239 ) wi3.5057 E -mail MATT • Pusa'fe r i ' mail.house.gov This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration. Signed (Administrative Counsel) Approv s to and legal sufficiency: Jeffr tzkow County t ney s Date 20 Send completed forms to: Administrative Counsel, 217 Ford House Office Building, Washington, D.C. 20515. Copies may also he faxed to 202 -225 -6999