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Backup Documents 03/12/2013 Item #16E 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 'TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office JAK 6/10/13 4. BCC Office Board of County Commissioners /57 � V- .\.7"3 5. Minutes and Records Clerk of Court's Office fr(4 f(3 U2-=FPM PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Michael D wling,Real Property Phone Number 252-8743 Contact/ Department Managem nt Agenda Date Item was 3/12/13 Agenda Item Number 16-E-2 Approved by the BCC Type of Document Resolution and Lease Agreement with Number of Original One Attached Representative Trujillo 20/3- 40 Documents Attached PO number or account n/a number if document is to be recorded rte► ` -\.L aLS.\ O \■.T\\r‘s-xN cs:51RAc..5> aS, INSTRUCTIONS & CHECKLIST a` - Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not %"e-CA` appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? JAK 2. Does the document need to be sent to another agency for additional signatures? If yes, JAK provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip JAK should be provided to the County Attorney Office at the time the item is input into SIRE. 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 deadlines! 8. The document was approved by the BCC on 3/12/13 and all changes made during the JAKE meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the JAK , BCC,all changes directed by the BCC have been made,and the document is ready for t eeC Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 16E 21 RESOLUTION NO. 2013 - 60 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND STATE REPRESENTATIVE CARLOS TRUJILLO, DISTRICT 105, FOR UTILIZATION OF OFFICE SPACE WITHIN THE ADMINISTRATION BUILDING. WHEREAS, State Representative Carlos Trujillo (`Representative') desires to lease an office space within the Administration Building, Suite 305, owned by Collier County, a political subdivision of the State of Florida("Collier County"), in order to operate a government office. WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects the Representative's election term. The Lease provides for automatic renewal terms, if the Representative is re-elected, for additional two (2) year terms following the initial Lease term. The rent shall be Ten Dollars annually throughout the life of the Lease. WHEREAS, the Board of County Commissioners is satisfied that this property is required for the Representative's use and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby approves the attached Lease Agreement between Collier County and State Representative Carlos Trujillo. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. THIS RESOLUTION ADOPTED this k 2.-}-1,-■ day ofoxr 2013, after motion, second and majority vote. + ATTEST:?..eI:,' DVi H 'E. BROOK,"Clerk B• • ' I OF C 0 LINTY COMMISSIONERS C'1 IE ' • TY, FLORIDA t • . ri/ ' - BY:' ir�►�, BY LI 2 ` a •w ut y - G • '' I' )6 A. HILLER, ESQ., CHAIRWOMAN Attest'as,t?Chaim i ,-• signature on : ,.- Approved as ti 1,s �i . •4 -gal sufficiency: < I i, �, I. Jeffrey A. 1 tz,o ' ounty Attorney !F; 16E 2 Lease # BCC - LEASE AGREEMENT THIS LEASE AGREEMENT entered into this I L� day of , 2013, between State Representative Carlos Trujillo, whose mailing address is 3299 East Tamiami Trail, Suite 305, Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Suite 101,Naples, Florida 34112, hereinafter referred to as "LESSOR". 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, Administration Building, Suite 305, 3299 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as the "Demised Premises," situated in the County of Collier and the State of Florida, for the sole purpose of operating a government office. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on November 7, 2012 and ending November 15, 2014. LESSEE is granted the option, provided LESSEE is reelected to the same office, and is not in default of any of the terms of this Lease, to automatically renew same for additional terms of two (2) years each which shall reflect the LESSEE'S term of office, under the same terms and conditions as provided herein. LESSEE will be required to notify LESSOR by written notice of LESSEE'S intention to continue occupying the Demised Premises not less than fifteen (15) days after his reelection. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid or by email. LESSOR reserves the right to terminate this Lease, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 14 of this Lease. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten Dollars and 00/100 Cents ($10.00) per annum. The rent for the initial Lease term shall be paid in full thirty(30) days following the execution of this Lease by LESSOR. 16E 21 In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term thereof and shall be paid within thirty (30) days of the commencement of the renewal term. ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and any and utility charges, except for local and long distance telephone charges, which shall be paid by the LESSEE. Utility charges shall include, but shall not be limited to, electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied thereupon or in connection with the Demised Premises. ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall 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. 2 16E 2 'ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing services therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 7. Assignment and Subletting LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. ARTICLE 8. Indemnity and Insurance The LESSEE is covered by protection of the Federal Tort Claim Act. ARTICLE 11. Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 12. Default by LESSEE Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and LESSOR may, at its option, terminate this Lease after providing written notice to LESSEE, as specified in Article 2 of this Lease, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 13. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: LESSEE: Board of County Commissioners State Representative Carlos Trujillo c/o Real Property Mgmt. Dept. 3299 East Tamiami Trail, Suite 305 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 Naples, Florida 34112 cc: Office of the County Attorney Facilities Management Department Director 3 . • 16 ' 41 ARTICLE 15. Surrender of Premises LESSEE shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination of this Lease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 16. General Provisions LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) If applicable to this Lease, LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where required under law. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 17. Left Blank Intentionally. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 19. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10, Florida Statutes. 4 16E2 , . ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Governing Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: DATED: o$ –iO-a•oi7., /" , L Htr o `„-,ra.� BY: WI 11►'I_ .•nature — STA REPRESEN ATIVE CARLOS TRUJILLO (print - – f D f WITNES (signatu MO \---Vin (print name) AS TO THE LESSOR: DATED: '3 ' / 2- • / 3 A TAS' ;,°''E,, BOARD OF COUNTY COMMISSIONERS PNIGHT.E.33ROCK, Clerk COLLI COUNT/, FLORIDA o I' r ' -'At6E9�.�,_Vi BY E,rre a acs • .- 9 GE IA A. HILLER, ESQ., Chairwoman Lest a to Chaff 'S signature only.' Approved i s ,,i I. -- .1 . egal sufficiency: il ti_ A Jeffrey A. la o", County Attorney iI ; i 5