Resolution 2005-032
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RESOLUTION No. 200S. 32
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND CONGRESSMAN CONNIE MACK
FOR UTILIZA TION OF OFFICE SPACE WITHIN THE
ADMINISTRA TION BUILDING.
WHEREAS, Congressman Connie Mack ('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:
I. The Board of County Commissioners does approve the attached Lease Agreement
between Collier County and Congressman Connie Mack, 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.
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This Resolution adopted this J day of ~ ~ l..A...A(tL'-f , 2005
after motion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER LFWRIOA _
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DONNA . IALA, CHAIRMAN
Approved as to form and legal sufficiency:
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Thomas C. Palmer
Assistant County Attorney
Ilem# lLe..ES
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Lease #
LEASE AGREEMENT
16
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THIS LEASE AGREEMENT entered into Ihis II ~day of ~.o.N . , 2005, between
Congressman Connie Mack, whose mailing address is 3301 East Tamiami Trail, 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 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 105,3301 East Tamiami Trail,
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, 2005 and ending January 2, 2007. 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.
ARTICLE 4.
Other Exoenses 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 (I) 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
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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
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,
Indemnitv and Insurance
The LESSEE is covered by protection of the Federal Tort Claim Act.
ARTICLE II. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
ARTICLE 12. 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 13. Default bv 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.
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ARTICLE 14. Notices 16 E 5
Any notice which LESSOR or LESSEE may be required to give to the other patty shall be in
writing to the other party at the following addresses:
LESSOR:
Board of County Commissioners
c/o Real Estate Services
3301 East Tamiami Trail
Administration Building
Naples, Florida 34112
LESSEE:
Congressman Connie Mack
Administration Building, Suite 105
3301 East Tamiami Trail
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.
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) 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. 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 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.
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ARTICLE 21. Governing Law
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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 THE LESSOR:
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DATED~ A-"', I . -..v
ATTEST:
DWIGHT E. BROCK, Clerk
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AS TO LESSEE:
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Approved as to form and
legal SUffiCienCY:\iJ
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Thom s C. Pal;Jier
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
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DONNA7 FIALA, CHAIRMAN
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CONGRESSMAN CONNIE MACK
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11/17/2004 18:53 FAX
iJ 005/014
V,s. J(ouse of lJWpresentatifJes
W~ington, D.C. 20515
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District DfnCBLBaS8 Attachmont
(Page 1 of 3 - version 1.09)
L LESSOR (Landlord) and LESSEE (Member of Congress) agree thaI this Dis1l'ict Office Lease Allacbment
("A'M'ACHMENr) is incorporated into and made pan of the Dis1rict Officc Lease ("LEASE") to which it is
attached.
2. LESSOR expreSllly acknowledges that neither the U.S. House ofR.epresentatives ("HOUSE'') nor its Office",
are liable fnr the performance of the LEASE, LESSOR further expressly acknowledges that paymenlS made
by the Chief AdminiSlnItive Officer of the HOUSE ("CAD") to LESSOR to satisfy LESSEE's rent obligatioDS
under the LEASE - which payments are made seIely on behalf of LESSEE in suppon ofhislhcr official and
representational duties as a Member of the U,S. House ofRepr~entatives.. 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. Any amendment to the LEASE musl be in writing.
4, LESSOR and LESSEE understand and acknowledge thaI the LeASE shall not be valid, and the CAD will not
authorize the disbursement of funds to the LESSOR, until the Administrative Counsel for the CAO
("Administrative Counsel'') has tcviewed thc 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
below. LESSOR and LESSEE also understand and acknOWledge thaI the Administrative C<JW1sel must review
and approve any substantive amendments to the LEASE.
5. The LEASE is 8 fixed tenn lease with eqUll! monthly installments for which payment is due al the end of each
calendar month. In the event of a payment dispute, LESSOR agrees to contact the Office of Finance of thc
HOUSE at 202.225.7474 to attempt to resolve the dispute before contacting LESSEE.
6, The term of the LEASE may not exceed the constimtiona! tenn of the Congress to which the LESSEE has been
elected.
7. Any pmvision in the LEASE pwporting to require the payment ofa security deposit shall have no force or
effect, Furthermore, any provisioD in tlte LEASE pwporting to vary- tlte dollu amount of tlte rentspeeified in
the LEASE by any COst of living clause, operating expense clause, pm rata expense clause, eleVator clause,
escalalor clause, or any other adjuslll1ent or measure during the lerm oftlte LEASE shall have no force or effect.
8, If either LESSOR or LESSEE tenninaleS the LEASE under the terms of the LEASE, the terminating party
agrees to promptly file s copy of any termination notice with the Office of Finance, U.S. House of
Representatives, 331 Ford House Office Building, Washington, D.C. 20515, and with the AdminiSlnltive
Coun.el, Offiee of the Chief AdminiStrative Officer, U.S. House of Representatives, 217 Ford House Office
BUilding, Washington, D.C. 20515.
- -...._._---~-----~,---,.._-, ._-,---
11111/2004 16:53 FAX
ijJ 006/014
District 0ffIc0 L0888 AttaeJunont(cont.)
(1;'''lJ8 2 0' 3 - .....Ion 1,09)
16 E5
9, LESSOR agrees to maintain in good order, at its sole expense, all public and common areas oftbe building .
including. but not limited to, all sidewalks, parking areas, CarpClS, elevaton, escalators, enoyways, exits,
alleys, and other like areas, LESSOR also agreeS to maintain, repair in good order, or replace as ncccled, at hs
sole expense, all struclllrlll and other components of the premises including, but not limited to, roafs, ceilings,
walls (interior and exterior), floon, windows, doors, foundations, C8!pets, fueNTeS, and all mechanical,
plumbing, electrical and air canditioning/heating systems or equipment serving the premises, LESSOR shall be
liable for any damage, either to persons or property, sU5lained by LESSEE or any ofhis or her employees or
gucsu, C8U&ed by LESSOR's failure to fulfill iu obligations under this paragraph.
10. LESSOR agrees that the Federal Ton Claims Act, 28 U.S.C. ~~ 2671-80, satisfies any and all obligations on
the part of the l.ESSEE to purchase private liability insurance,
I I. LESSOR agrees that neither LESSEE nor the HOUSE or any of the HOUSE's officers or employees will
indemnify LESSOR against any liability of LESSOR lC any third party that may arise during or as a result of
the LEASE or LESSEE's~.
12. LESSOR agrees to promptly notify LESSEE in wriling in the event LESSOR sells, transf"", 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, 263 Cannon
House Office Building, Washington, D.C. 20515.
13. LESSOR shall be solely responsible for complying with all spplicable permitting and zoning ordinances or
requirement!, and with all local and state bUilding codes, safety codes and handicap accessibility codes
(including the Americ8IU with Disabilities Act).
14, If LESSOR permits the LESSEE to holdover, all terms of the LEASE (including the monthly rent) shall
continue unaltered during any period of such holdover tenancy, Thereafter, after any such holdover tenancy
begins, the LEASE may be tcnuinated by either party giving 30 days written notice to the other party. The
commencement date of such lermination notice shan be the date such notice is delivered or, ifmailed, the date
such noticc is postmarlced.
15. LESSOR agrees to accept monthly rantpaymenlS by Electronlc Funds Transfer and agrees to provide the
Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such
paymenlS,
16. 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.
11/17/2004 16:53 FAX
141007/014
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mstrlct OffIoa LaBsa AttacIDnBDt(cont,)
(~e 3013-"",.", 1.09)
17. The parties agree that any charges for default, early termination, or cancellation of the LEASE, which result
fiom actions taken by or on behalf of the LESSEE shall be the sole responsibility of the LESSEE.
18. In the event LESSEE dies, resigns, or is removed from office duringthctenn of this LEASE, the Clerk of the
HOUSE may, at his sole option, either (a) terminate this LEASE by giving thirty (30) days written notice to
LESSOR, or (b) assume the obligations of the LEAsE and continue to occupy the premises for a period not to
exceed sixty (60) days following the el""tion of LESSEE's successor, In the event the Clerk elects to
tetminate the LEASE, the commencement date of such thirty (30) day termination notice shall be the date
such notice is delivered or, if mailed, the date on which such notice is pOSlmarked.
19, Should any provision oflhis Attachment be inconsistent with any provision ofthc attached LEASE (or with
any subsequent or additional ameodments thereto), the provisions of this Attachment shall control, and those
inconsistent provisions of the LEASE (or any subscqul:nt or additional amendments thereto). shall have no
force and effect to the extent of such inconsistency.
20. Unless the clear meaning requires otherwise, words offeminine, masculine or neulE:r gender include all other
genden; and, wherever appropriate, words in the sinb'lllar include the plural and vice versa.
21. This lease is emered into at fair mar~t value ~t of a bona fide, anns-Iength, maricelplace ttansaction.
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~ This Dlstrtct Offi.. Lease Attachm'l!lt d tIIlittached LEASE bave be... revtewed and are approved,
'tl pursuant ro RegulatioD' of tbe Committee on Hou.e AdmlDlstratioD.
Signed
(Admiailtral.lvc: CoUAlcJ)
Oat.:
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From the Member's Offiee, who should be contacted with queslioos1
Name
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e-mail
@mail.hoose.gov