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Agenda 04/09/2019 Item #16C304/09/2019 EXECUTIVE SUMMARY Recommendation to adopt a Resolution and approve a Lease Agreement with United States Senator Rick Scott for use of County-owned office space within the Administration Building at the Main Government Center. ____________________________________________________________________________________ OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to adopt a Resolution and approve a Lease Agreement for United States Senator Rick Scott 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, Senator Rick Scott (Senator) has requested utilization of office space contained in Suite 106 within the Administration Building at the main Government Center. The office contains approximately 450 square feet. The proposed Lease Agreement reflects the Senator’s current term which commenced on January 4, 2019 and will expire on January 3, 2025. The Lease includes automatic renewals pending the Senator’s re- election. The annual rental amount will be $4,200 and shall be paid in full for each year of the lease. Since the Senator will be moving in after the start date of his electoral term, payment of rent shall begin upon the physical move-in date. The County will be responsible for making interior revisions to the space, and provide all utilities, janitorial service, and local telephone service to the leased space. The Senator will be responsible for all long-distance telephone charges. As required by Florida Statute 125.38, a Resolution is attached declaring that Suite 106 is not required for County use and is available for lease to the Senator. FISCAL IMPACT: The annual rental fee of $4,200 shall be deposited into the General Fund (001). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: That the Board of County Commissioners adopts the Resolution, approves the Lease with Senator Rick Scott, and authorizes its Chairman to execute the attached Lease and Resolution. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. Scott Resolution 2019 (PDF) 2. Scott Lease 2019 (PDF) 16.C.3 Packet Pg. 781 04/09/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.3 Doc ID: 8240 Item Summary: Recommendation to adopt a Resolution and approve a Lease Agreement with United States Senator Rick Scott for use of County-owned office space within the Administration Building at the Main Government Center. Meeting Date: 04/09/2019 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 03/28/2019 3:53 PM Submitted by: Title: Director - Facilities Management – Facilities Management Name: Damon Grant 03/28/2019 3:53 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 03/29/2019 1:09 PM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 03/29/2019 2:00 PM Facilities Management Damon Grant Director - Facilities Completed 03/29/2019 4:17 PM Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 03/30/2019 6:32 PM Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 03/31/2019 3:17 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/01/2019 1:32 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/01/2019 1:45 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/01/2019 2:50 PM Budget and Management Office Ed Finn Additional Reviewer Completed 04/02/2019 2:47 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 04/02/2019 4:01 PM Board of County Commissioners MaryJo Brock Meeting Pending 04/09/2019 9:00 AM 16.C.3 Packet Pg. 782 RESOLUTION NO.2019 - WHEREAS, United States Senator Rick Scou ('Senator') desires to lease an office space within a building owned by Collier County, a political subdivision of the State of Florida ('Collier County"), located in Suite 106, 3299 Tarniarri Trail Eas! Naples, Florida 341I2. WHEREAS, the Lease Agreement provides for a six-year term commencing on January 4, 2019, and ending January 3, 2025, with an annual rent of Four Thousand Two Hundred Dollars ($4,200.00). WHEREAS, the Board of County Commissioners is satisfied that this property may be used for the Senator and is not needed for County purposes. NOW THEREFORE, BE IT RESOLVED BY T}IE BOARD OF COI-]NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners does approve the attached Lease Agreement between Collier County and Senator Rick Scoft. 2. The Chairman of the Board of County Commissioners of Collier County, Florid4 is hereby authorized to execute the attached Lease Agreement. This Resolution adopted this _ day of motion, second and majority vote. 2019, after ATTEST: Crystal K. Kinzel, Clerk BOARD OF COIJNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:BY: , Deputy Clerk William L. McDaniel, Jr., Chairman Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attomey RESOLUTION OT THE BOARD OF COI]NTY COMMISSIO}IERS, COLLIER CO{JNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AI\D LINTIED STATES SENATOR RICK SCOTT FOR USE OF OT'FICE SPACE WITIIIN A COUNTY.OWNED BUILDING, \"ft ^.\t"n\o 16.C.3.a Packet Pg. 783 Attachment: Scott Resolution 2019 (8240 : Lease Agreement for office space for Senator Rick Scott) Lease # BCC-120 LEASE AG In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR office space located at 3299 Tamiard Trail East Suite 106, Naples, Florida 34112, hereinafter refened to as ttre "Demised Prcmises", situated in the County of Collier and the State of Florida, for the sole purpose of operating a United States government office. ARTICLE2. Term oflease LESSEE shall have and hold the Demised Premises for a term beginning on January 4,2}tg to January 3, 2025. This Lease may automatically renew for additional six (6) year terms, provided the LESSEE is reelected to the same office, and is not in default of aay of the terms of this Lease, under the same terms and conditions as provided herein. LESSEE will be required to notiry LESSOR by written notice of LESSEE S intention to continue occupylng the Demised Premiscs not less than fifteen (15) days after his reelection. Said notice shall be effective upon placement of the notice in an offrcial depository of the United Stales Post Office, Regisrcred or Certified Mail, Postage Ptepaid or by electonic mail ad&essed to the kasing Agent with Collier County Real Property Management. LESSOR reserves the right to teminate this kase, with or without cause, by providing LESSEE with thirty (30) days written notice to the address set forth in Article 12 of this l,ease. 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. ARTICLE3. Rent LESSEE hereby covenants and agrees to pay as rent for ttre Demised Premises the sum of Three Hundred and Fifty Dollars and 00/100 Cents ($350.00) monthly. The rent shall be paid within thirty (30) days following the execution ofthis Lease by LESSOR. Rent shall begin on the day LESSEE occupies the Dernised Premises. THIS LEASE AGREEMENT entered into this day of _, 2019, between Florida Senator Rick Scott, whose mailing address is 3299 EastTamir-i f.At, Suirc too, uapfes, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political subdivision of the State of Floridq whose mailing address is, in care of Real Property Management, 3335 East Tamiami Trait, Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSOR,'. WITNESSETH ARTICLE l. Dernised Premises ln the event LESSEE elects to rcnew this Lease, as provided for in ARTICLE 2, the rent stated above sball remain the same for the ensuing rcnewal term. 16.C.3.b Packet Pg. 784 Attachment: Scott Lease 2019 (8240 : Lease Agreement for office space for Senator Rick Scott) ARTICLE 4. Other Expenses and Charges LESSOR shall pay all costs associated with the Demised Premises including, but not limited to, janitorial services and utility charges including, electricity, hea! air conditioning, water and sewer services used, rcndeted or supplied thereupon or in connection with the Demised Premises. The LESSOR shall provide telephone(s), however, the LESSEE is responsible for all charges related to local and long-distance use. ARTICLE 5. Modifications to sed Premises LESSOR may make reasonable changes, improvements or repairs at the Demised Premises, as requested by LESSEE, and shall be ofno cost to LESSEF.. Those changes, alterations, additions or improvements to the Demised Premises, not made by LESSOR shall require the LESSEE to provide LESSOR all poposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSoR'S written approval, specifting in writing the nature and eldent of the desired alteration, improvement, change, or additiorl along with the contemplated starting and completion time for such project. LESSOR or its desipee will then have sixty (60) days within which to approvc or deny in writing said request for chaoges, improvements, alterations or additions. LESSOR shall not urneasonably withhold its consent to required or appropriate altemtions, improvements, changes or additions proposed by LESSEE. If after sixty (60) days there has been no reE)onse from LESSOR or its desip.ee 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, nrles, regulations, and requirements of the United States ofAmerica, State ofFlorida, County of Collier, and any and all govemmental agencies. All alterations, irnprovements 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 ofLESSOR- Prior to the termination of this kase or any renewal term thereof, or within thify (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 ofany public authority. ARTICLE 6. Access to Demised Premises LESSOR, its duly authorized agents, reprcsentatives and employees, shall have the right after reasonable notice to LESSEE, to enter fuito 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 fs1 ssmltliance with the provisions of this kase Agreement. 2 16.C.3.b Packet Pg. 785 Attachment: Scott Lease 2019 (8240 : Lease Agreement for office space for Senator Rick Scott) LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to p€rmit 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 9. Maintenance LESSEE shall keep the Demised Premises clean at all times. ARTICLE 10. Default bv LESSEE Failure ofLESSEE 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, ur ess the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 11. 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 conect such default) after notice to LESSOR by LESSEE properly speci$ing wherein LESSOR has failed to perform any such obligations. ARTICLE 12. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shFU be in *riting to the other party at the following addresses: LESSOR: Board of County Commissioncrs c/o Real Property Management Depsrtulent ,335 Br"l1sa1iami Trail, Suite l0l Naples, Florida 34112 LESSEE: Senator Rick Scott 3299 Tamiami Trail Easq Suite 106 Naples, Florida 341l2 cc: Office of the County Attomey Email: Michael.Dowlinq@colliercountyfl .cov ARTICLE 13. Surrender of Premises ARTICLE 7. Assienment and Subletting LESSEE shall deliver up and surrrnder 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 ofthis 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 16.C.3.b Packet Pg. 786 Attachment: Scott Lease 2019 (8240 : Lease Agreement for office space for Senator Rick Scott) LESSEE expressly agrees for itself, its successor and assips, 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 sp€cifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. O) If applicable 1o this lease, LESSEE agrees to pay all sales tax imposed on the rental ofthe Demised Premises where required under law. ARTICLE 15. Radon Gas ln compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: 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 improvcments 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 17. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18. Govemins Law This Lease shall be govemed and construed in accordance with the laws ofthe State ofFlorida 4 Signatures appear on the following page ARTICLE 14. General Provisions G) 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 intercst in the Demised Premises. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in suffioient quantities, may prcsent 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 Aom your County Public Health Department. ARTICLE 16. Extent of Liens 16.C.3.b Packet Pg. 787 Attachment: Scott Lease 2019 (8240 : Lease Agreement for office space for Senator Rick Scott) IN WTINESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: DATED: BY: WITNESS (sipature)Senator Rick Scott (print name) WITNESS (signature) (print name) AS TO THE LESSOR: DATED: ATTEST: Crystat IC Kir:zel, Clerk BY: , Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attomey BOARD OF COI.'NTY COMMISSIONERS COLLIER COLINTY, FLORIDA William L. McDaniel, Chairman .+^ h- 5 16.C.3.b Packet Pg. 788 Attachment: Scott Lease 2019 (8240 : Lease Agreement for office space for Senator Rick Scott)