Agenda 06/11/2019 Item #16C10 (Amendment - Congressman Diaz-Balart Lease)06/11/2019
EXECUTIVE SUMMARY
Recommendation to approve a District Office Lease Amendment with Congressman Mario Diaz-
Balart for continued use of County-owned office space.
OBJECTIVE: An Amendment is required in order for Congressman Mario Diaz -Balart to continue
utilizing County-owned office space within the Golden Gate Customer Service Center.
CONSIDERATIONS: On March 28, 2017, Agenda Item 16E11, the Board adopted a Resolution (2017-
055) and approved a Lease Agreement (Lease) for Congressman Mario Diaz-Balart (the Congressman) to
utilize office space at the Golden Gate Government Satellite Office (Demised Premises). This location
provides the Congressman with a local presence in the community.
The attached Lease Amendment commences on January 3, 2019, and expires on January 2, 2021. As in
the original Lease between the Congressman and the County, the annual rent is Ten Dollars, and all the
terms and conditions are identical to those in the past. The County is responsible for all utilities, janitorial
service, and local telephone service to the leased space. The Congressman will be responsible for all
long-distance telephone charges.
FISCAL IMPACT: The annual rental fee of Ten Dollars will be paid in full and 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 as to form and legality and requires majority vote
for Board action. - JAB
RECOMMENDATION: To approve the District Office Lease Amendment with Congressman Mario
Diaz-Balart, and authorize its Chairman to execute same.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. Diaz-Balart Amendment 2019 (PDF)
2. Congressman Mario Diaz-Balart Lease and Resolution 2017 (PDF)
16.C.10
Packet Pg. 1335
06/11/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.10
Doc ID: 8789
Item Summary: Recommendation to approve a District Office Lease Amendment with
Congressman Mario Diaz-Balart for continued use of County-owned office space.
Meeting Date: 06/11/2019
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
04/26/2019 10:17 AM
Submitted by:
Title: Director - Facilities Management – Facilities Management
Name: Damon Grant
04/26/2019 10:17 AM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 04/30/2019 12:52 PM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 05/02/2019 10:41 AM
Facilities Management Damon Grant Director - Facilities Completed 05/09/2019 9:22 AM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 05/10/2019 3:34 PM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 05/13/2019 11:58 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 05/20/2019 9:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/20/2019 11:08 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/21/2019 9:05 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/31/2019 10:55 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/03/2019 12:13 PM
Board of County Commissioners MaryJo Brock Meeting Pending 06/11/2019 9:00 AM
16.C.10
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U.S. !ffouse of R"epresentatives
Washington, D,C. 205 l5
Ilistrict 0ffice Lease Amendment
(Page 1 of 2 - 116rh Congress)
1 Prior Lease Term. The undersigned Landlord ("Lessor") and Member of the U. S. House of
Representatives ("Lessee") agree that they previously entered into a District Office Lease
("Lease") (along with the District Office Lease Attachment), which covered the period liom
January 3, 2017 to January 2, 2019 for the lease of office space
located at 4715 Golden cale Parlffay, Suite One
in the city,state and ZIP of Naples, Fl. 34116
January 3 201e . (This District Office Lease Amendment
("Amendment") may not provide fol an extension beyond January 2,2021, which is the end of
the constitutional lerrrr ofthe I i6rh Congress.)
Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall norv
be $1o.oo All other provisions of the existing Lease shall remain unchanged and
in full effect, except for the following additional terms, which are modified as indicated in the
space below [If no additional tems are to be rnodified, write the word "NONE' below].
Rent will be $10 yearly
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District Office Lease Attachment for 116rh Congress. This Amendment shall have no force
and effect unless and uutil accorupanied by an executed District Office Lease Attachment for the
1 16rh Congress and the District Office Lease Attachment for the 116'h Congress attached hereto
supersedes and replaces any prior District Office Lease Attachment.
Counterparts. This Amendment may be executed in any number ofcounterparts and by
facsimile copy, each of which shall be deemed to be an original but alt of which toge*rer shall be
deemed to be one and the same instrument.
section Ileadings. The section headings of this Amendment are for convenience of leference
only and shall not be deemed to limit or affect any ofthe provisions hereof.
lS ignature page fol lows.)
"s
2. Extended Term. if applicable, the above referenced Lease is extended through and including
J.
16.C.10.a
Packet Pg. 1337 Attachment: Diaz-Balart Amendment 2019 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for continued use of County-owned
O.S. r{owe of fupresentatioes
Washington, D.C.20515
Ilistrict 0ffice Lease Amendment
(Page 2 oI2 - 1'l6b Cong.ess)
IN WITNESS WIIEREOF, the parties have duly executed this District Office Lease Amendmenl as of the
later date written below by the Lessor or the Lessec-
Collier Counly, a Political Subdivision of the State of Florida Congressman Mario Diaz-Balart
William L. McDaniel, Jr., Chairman Print Name ofLessee
By
Lessor Signalure
Name
Title:
Dale
ATTEST
CRYSTAL K. K]NZEL, CLERK Approved as to form and lcgalitY
Assistant CountY Attorttcy
This Dist/icl OIrtce Lease Amendnrent ,,rusl be accottrpanied with an executed
Disnict OlJice Lease Attaclrrrrcnl.
noh^q\\
q
Lessee Signalure
Dqte
16.C.10.a
Packet Pg. 1338 Attachment: Diaz-Balart Amendment 2019 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for continued use of County-owned
llistrict 0ffice Lease Attachment- Inslructions
The District Office Lease Attachment must accompany eyery Lease or Lease Amendment that is
submitted for a Member/lt4ember-Elect's District Ojfice.
A ferv things to keep in mind:
A. The Member/Member-Elect is required to p919944!!y sign the documents.
B. The Member/Member-Elect must indicate in Section A ("Lease Amenities") of the
Attachment lvhether the proposed leased space rvill serve as a flagshlp district office.
C. The Lessor must complete the amenities checklist in Section A ("Lease Amenities"), unless
the checkbox at the top of the ameuities checklist is marked to indicate that amenities are
listed elservhere in th€ Lease,
D. Broadband/cablc availability can be chccked by entering the address of the proposed leased space
at httns:/,/t)roadbandmao.fcc.sov . The Member/Member-Elect should still confirm
broadband/cable status directly rvith the Lessor,
E. Section B ((Additional Terms and Conditions") of the Attachment @!!f!Q! have any
provisions delcted or changed.
F. Even ifrent is zero, an Attachment is still required.
G. Prior to either party signlng a Lease or Amendment, the Member/Member-Elect must
submit the proposed Lease or Amendment, accompanied by a copy ofthe Attachment, to
the Admioistrative Counsel for revierv and approval. If the Administrative Counsel
determines that the proposed terms and conditions ofthe Lease or Amendment are in compliance
with applicable law and House Rules and Regulations, the Administrativc Counsel will notiS the
Member/lvlember-Elect that (s)hc may proceed with the execution of the Lease or Amendment.
Please submit the proposed Lease or Amendment and Attachment either by e-mail in PDF form
(leases@mail.house.gov) or by fax (202-225 -6999).
11. Once signed by both parties, the Lease or Amendment and the Attachment must be submitted to
the Administrative Counsel for final approval. The Attachment should be submitted at the same
time the L€ase or Amendment is sent to the Administmtive Counsel. They may be sent by email
in PDF form (leases@mail.house.gov) or faxed to (2.02-225-6999).
I. Without a properly signed and submitted Attachment, the Lease or Amendment cannot be
approved and payments will not bc madc. The parties agree that any charges for default, early
termination or cancellation ofthe Lease or Amendment which rcsult from actioDs taken by or on
behalfofthe Lessee shall be the sole responsibility ofthe Lessee, and are not reimbursable from
the Member's Representational Allowance.
J. Lcssor shall provide a copy of any g!$g!!1941!, estoppel certiflcate, notice of a bankruptcy
or foreclosu or notice of a salc or transl'er of the lea sed premises to the Administrative
NO LEASE, AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE
BEEN APPROVED BY TtIf, ADMINISTRATryE COI,JNSEL.
The term oIa District Ollice Lease or Amendment for the 1l6th Congress may not commence
prior to January 3, 2019.
Members should endeavor to lease space through the last dey of a congressional term rather th&n
the last day ofa calendar year. For the 116th Congress, leases should end on January 2,2021,not
December 31, 2020.
Counsel by e-mail in PDF form (leases@mail.house,gov).
16.C.10.a
Packet Pg. 1339 Attachment: Diaz-Balart Amendment 2019 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for continued use of County-owned
'U. S. t{o us e oJ Qepre s entatia e s
Washington, D.C.20515
llistrict 0ffice Lease Attachment
(Page 1of5- 116th Congress)
SECTION A
(l,ease Amcnitics)
Section A designatcs whcthcr thc leased spacc will bc thc Mcrnbcr/Mcrnhcr-E.lect's flagship
(prirnary) office and sets lorth thc amcnitics providcd by thc Lcssor to bc includcd in thc Lease. Exccpt as
noted below, the amenities listed are not required for all district ot'ficcs.
To be completed by the Member/Member-€lect:
E The leased spacc will scrvq as my flagship (primary) District Office.
E The leased space rvill NOT sen/e as my t-lagship (primary) District Ofiice.
To be completed by the Lessor:
EAmenities are separately listed clscwhere in the Lease.
(The be Low checklist can be lefi blar* if the above box is checked.)
The Lease includes (plcasc check and complete all that apply):
(ltems nurked tt ith an asterisk antl in bold are ggg4!191!.for ALL distrid of/ice-s .for the I l6'1'
Congress-)
E * Broadband and/or Cable Acccss to the Leased S ace (e.s, Conlcast. Cox. \'erizon. etc.).T)
{Check broadbancl status b!- enlerittg the leased spuce atldress al h tr ps: /lhroucihq ndnND./tc.t!ot-
The parties should also direc tlv disLuss broadband slatus
E * lnterior Wirins CAT 5e or Better rvithin Leased SDace.
E Lockable Space for Nctworkitt;l EqublIrert!
B Telephonc Service Availablc
E Parkine. tr- Assigned Parking Spaccs
tr_ Unassigncd Parking Spaces
tr General Off-Stfcct Parking ou an As-Available Basis
E Utilitics. Includcs:
E Janirorial Services. Frequency
E Trash Removal. Frequency:
E Carper Cleanine. Frcqucncy
E Building Manager. E onsire E on Call Cr.rntact Name
Phonc Number: Ernail Address:
Sotd cot pleted.lbrns to: .l.lntinistratire Counsel, 2 17 For.l House OlJi.e Euikli g. washitgto , D.C. 205 15
Copiet DM| olso be.lbxcd to 202-225-6999.
E window Washine. E Window Treatments.
E Tenant Alferations lncluded ln Rental Rate.
E Afrer Hours Buildine Access.
E Offie e Funrishings. Includcs:
B Cable TV Acccssiblc. Ifchcckcd, InclLrded in Rental Ratc: Yes No
16.C.10.a
Packet Pg. 1340 Attachment: Diaz-Balart Amendment 2019 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for continued use of County-owned
I
1).5. f{ouse of Qgpresentatives
Washington, D.C. 20515
llistrict 0ffiue Leass Attachment
(Page 2 of 5 - 116th Congress)
SECTION B
(Additionol Terms and Conditions)
Incorporated District Office Lease Attachm€nt. Lessor (Landlord) and Lcssec
(Member/1r4ember-Elccl of the U.S. House of Representatives) agrce that this District Office
Lease Attachment ("Attachment") is incorporated into and made parl ofthe Lease ("Lease") and,
if applicable, District Office Lease Amendment ("Amendment") to which it is attached.
Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives
(the "House") nor its Oflicers are liable for the performance of the Lease. Lessor further
expressly acloowledges that payments madc by the Chief Administrative Officer ofthe House
(the "CAO") to Lessor to satisry Lessee's rcnt obligations under the Lease - which payments are
made solely on behalfof Lessee in support ofhiVher official and representational duties as a
Member ofthe House - shall create no legal obligation or liability on the part ofthe 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.
Modifications. Any amendment to the Lease must be in wdting and signed by the Lessor and
Lessee. Lessor and Lessee also understand and acknowledge that the Administmtive Counsel for
the CAO ("Administrative Counsel") must review and give approval ofany amendment to the
Lease prior to its execution.
Compliance rvith 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 ofthe House and the Regulations ofthe Committee on House
Administration, and approved the Lease by signing the last page ofthis Attachment.
Yoid 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 purponing to vary
the dollar amount ofthe rcnt specified in the Lease by any cost of living clause, operating
expense clause, pro rala expense clause, escalation clause, or any other adjustment or measure
during the term ofthe Lease shall have no force or effect.
Certain Charges. The parties agee that any charge for default, early termination or cancellation
oftbe Lease which results from actions taken by or on behalfof the Lessee shall be the sole
responsibility of the Lessec, and shall not be paid by the CAO on behalfofthe Lessee.
Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office
during the terrn ofthe Lease, the Clerk ofthe House may, at his or her sole option, either: (a)
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6.
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Send coupleted hnls to: Adtninithative Counsel, 217 Ford House Olfice Buildittg, Woshitgton, D.C. 20515
Copies
Payments. The Lease is a fixed term lease with monthly installments for which payment is due
in anears on or before the end of each calendar month. In the event of a payment dispute, Lessor
agrees to contact the Office ofFinance ofthe House at 207-225-7474 to attempt to resolve the
dispute before contacting Lessee.
)
8.
to 202-225-6999.
16.C.10.a
Packet Pg. 1341 Attachment: Diaz-Balart Amendment 2019 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for continued use of County-owned
9
'0.5. j{ouse of \epresentatiaes
Washington, D.C. 205 t5
[istrict 0ffice Lease lttachment
(Page 3 of 5 - 1'l6th Congress)
terminate the Lease by giving thirty (30) days' prior written notice to Lessor; or (b) assume the
obligation ofthe Lease and continue to occupy the premises for a period not to cxcecd sixty (60)
days following the certification ofthe election ofthe Lessee's successor. ln the event the Clerk
elects to terminate the Lease, the commencement date ofsuch 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.
Term. The term ol 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 ofthe I l6th Congress, the Lease
will be considered null and void-
Early Tcrmination, If either Lessor or Lessee terminates the Lease under the terms of the Lease,
the tcminating party agrees to promptly file a copy of any termination notice with the OfIice of
Finance, U.S. House of Representatives, O'Neill Federal Building, Suite 3100, Attn: Office of
Financial Counseling, Washington, D.C. 20515, and with the Administrative Counsel by e-mail at
leases@mail.house. gov.
Sale or Transfer ofLeased Premises. Lessor shall provide thirty (30) days prior written notice
lo Lessee in the event (a) ofany sale to a third party ofany part ofthe leased premises, or (b)
Lessor transfers or otherwise disposes ofany ofthe lcascd premises, and provide documentation
evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale
or transfer notice with the Administrative Counsel by e-mail at leases@mail.house.gov.
Bankruptcy and Foreclosure. In the event (a) Lessor is placed in bankruptcy proceedings
(whether voluntarily or ilvoluntarily), (b) the leased premises is foreclosed upon, or (c) of any
similar occunence, Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file
a copy ofany such notice with the Office ofFinance, U.S. House of Representatives, O'Neill
Federal Building, Suite 3100, Athr: Office ofFinancial Counseling, Washington, D.C. 20515, and
with the Administrative Counsel by e-mail at leases@mail.house.gov.
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 cenificate shall require the review of the
Administrative Counsel, pior to Lessse signing the estoppel certificate. Lessor shall promptly
provide a copy ofany such estoppel certificate to the Adrninistrative Counscl by e-mail at
leases@mail.house. gov.
10.
I l.
12.
t3.
14.
Send cofipletedlonlt to: AdniDistrative Cou sel, 217 Ford Horse OlJice Building, Wdshington, D.C. 20515
also belbxed to 202-225-6999
Assignments. Lessor shall not have the right to assig! (by operation oflaw or otherwise) any of
its rights, interests and obligations under the Lease, in whole or in part, without providing thirty
(30) days prior written notice to Lessee, and any such purported assignment without such notice
shall be void. Lessor shall promptly file a copy of any such assignment notice with the
Administrative Counsel by e-mail at leases@mail.house.gov.
16.C.10.a
Packet Pg. 1342 Attachment: Diaz-Balart Amendment 2019 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for continued use of County-owned
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U.S. ffouse of flepresentatiaes
llistrict 0ffice [ease AttacnmBnt
(Page 4 of 5- 116th Congress)
Maintenancc of Common Areas. Lessor agrees to maintain in good order, at its sole expense,
all public and common areas ofthe building including, but not limited to, all sidewalks, parking
areas, lobbies, elevalors, escalators, entryways, exits, alleys and other like areas.
Maintenance ofStructural Componenls. Lessor also agrees to maintain in good order, repair
or replace as needed, at its sole expense, all stluctural and othel components ofthe premises
including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors,
foundations, fixtures, and all mechanical, plumbing, electrica[ and air conditioningAeating
systems or equipment (including window air conditioning units provided by the Lessor) serving
the premises.
Lessor LiBbility for Failure to Maintain. Lessor shall be liable for any damage, either to
persons or propcrty, sustained by Lessee or any ofhis or her employees or guests, caused by
Lessor's failure to ftrlfill its obligations under Sections l5 and .!.(.
Federal Tort Claims Act. Lessor agrees that the Federal Toft 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 certilicates ofinsurance to Lessor.
Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's
officers or employees rvill indemnifo or hold harmless Lessor against any liabiLity ofLessor to
any third parly that may arise during or as a result ofthe Lease or Lessee's tenancy.
Compliance rvith Larvs. 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 comrnon aleas ofthe building and the leased space of the Lessee.
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 temrinated.
Conflict. Should any provision ofthis Attachmont be inconsistent with any provision ofthe
attached L€ase or attached Amendment, the provisions ofthis Attachment shall control, and those
inconsistent provisions of the Lease or the Amendmcnt shall have no force and effect to the
extent of such inco:rsistency.
Sendcorhpletedfom$to:AdninislrativeCounsel,217FordHotseOliceBtilding,Washingto,D.C.20515
xed ta 202-225-6999
Washington, D.C. 20515
Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested
by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of
such initial alterations shall be included in the annual rental rate.
Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds
Transfer and agrees to provide the Office ofFinance, U.S- House of Representatives, wirh all
banking information necessary to facilitate such payments.
16.C.10.a
Packet Pg. 1343 Attachment: Diaz-Balart Amendment 2019 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for continued use of County-owned
0.5. House of fupresentatiaes
Washington, D.C. 205 l5
[istrist 0ffice lease Attachment
(Page 5 of 5 - 1 16th Congress)
25.Construction. Urless the clear nrcaning requires otherwise, words of fcminine, masculine or
neulcr gendcr include all othcr gcnders and. wherever approprialc. words in thc singular includc
tlre plural and vicc vcrsa.
26.Fair Market Value. The Lease or Amcndment is entered into at fair market value as the result
ofa bona fide, arms-length, marketplace transaction. The Lessor and Lessee ceni$ that thc
parties are not relativcs nor have had. or continue to have, a professional or legal relationship
(except as a landlord and tenant).
27.District Certification. The Lesscc ccrtifies that the olficc space that is thc subject ofthc Lcasc is
located rvithin the district the Lesscc rvas clectcd to rcprescnt unlcss othcrwise authorized by
Regulations of the Committee on I Iouse Administratiou.
2u.Counterparts. This Attachment may be executed in any nurnber ofcounterparts and by
fhcsirrile copy, each of which shall be deemed to be an original but all of which together shall be
deemed 1o be onc and the same instrument.
29.Section Headings. The section headings ofthis Attachment are for convenience of|elbrence
only and shall not be deemed to limit or affect any oflthe provisions hcrcoi
IN WITNESS WHEREOF', the parties have duly executed this Distdct Office Lease Attachment as of the
later date written below by the Lessor or the Lessee.
Congressman Mario Diaz-Balart
William t-. t t"O-iet, fr- Ctui*
Lessor Signature
Name:
Title:
Lessee Signutu'e
Dute Dut?
From the N{ember's Officc, trho is lhe poinl ofcontacl for questions?
NaIne Phonc {_)E-nrail @mail.house.gov
This District C)ffice Lease Attachment and th0 attached Lease or AmeIIdmerlt havc been reviewed and ure
rpproved, pursualrt to Rcgulations of the Contmittee on [Iouse Administration.
Datc ,20_Signcd
"l tu 2(D-22:-6999
Print Form
(Administrarive Counscl)
Send con,pleted.[on$ to: ,4dtititish ath e Counsel, 21 7 Foxl Hotse Ollice B ikting, IYosllitlglon. D-C. 205 15
colrar cenry, a Poririrr sirbdMsro. oi rh€ silale o, Ftdida
Prinl Name ol Lessee
By:
16.C.10.a
Packet Pg. 1344 Attachment: Diaz-Balart Amendment 2019 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for continued use of County-owned
RESOLUTION No. 2017 - 5 5
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN
COLLIER COUNTY AND UNITED STATES CONGRESSMAN MARIO DIAZ-
BALART FOR USE OF OFFICE SPACE WITHIN A COUNTY-OWNED
BUILDING.
WHEREAS, United States Congressman Mario Diaz-Balart ("Congressman") desires to lease an
office space within a building owned by Collier County, a political subdivision of the State of Florida
Collier County"), located within the Golden Gate Customer Service Center located at 4715 Golden Gate
Parkway,Naples, Florida 34116.
WHEREAS, the Lease Agreement provides for a two-year term commencing on January 3, 2017
and ending January 2, 2019, with an annual rent of Ten Dollars ($10).
WHEREAS, the Board of County Commissioners is satisfied that this property may be used for
the Congressman 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 Mario Diaz-Balart.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
authorized to execute the attached Lease Agreement.
7 yam.
This Resolution adopted this c I day of 6' )L JU&i"— 2017, after
motion, second and majority vote.
ATTEST:
DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS
ULAI\.11
COLLI R C• TY, FLORIDA
BY: 1 BY: //I L
P. uty Cl
i ;
k, PENNY TAY :' ' , CharJlAIfhl3nS
signature onir.,
Approved as to form and legality:
Jennifer . Belpedio, Assi: an ounty Attorney
16.C.10.b
Packet Pg. 1345 Attachment: Congressman Mario Diaz-Balart Lease and Resolution 2017 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for
Lease # BCC-158
LEASE AGREEMENT
14
THIS LEASE AGREEMENT entered into this -
va0 day of 2017, between
Congressman Mario Diaz-Balart. whose mailing address is 8669 an:7-ittreet, Suite 100,
Doral, Florida, 33166, 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
1
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
conference room which is located at the Golden Gate Customer Service Center, 4715 Golden
Gate Parkway, Naples, Florida 34116, 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 United States
government office, a copy of the Demised Premises floor plan is attached hereto and made a part
hereof this Lease.
ARTICLE 2. Term of Lease
This Lease replaces and supersedes the Lease Agreement between LESSEE and LESSOR,
dated February 12, 2013.
LESSEE shall have and hold the Demised Premises for a term of two (2) years,
commencing on January 3, 2017 and ending January 2, 2019, hereinafter referred to as 'Lease
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.
LESSEE is required by the Federal Government to have the attached Addendum, which is
attached hereto and made a part hereof this Lease, executed by the LESSOR.
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 to be paid in advance for the Lease Term
totaling Twenty Dollars ($20). The rent for the Lease Term shall be paid in full thirty (30) days
following the execution of this Lease by LESSOR.
16.C.10.b
Packet Pg. 1346 Attachment: Congressman Mario Diaz-Balart Lease and Resolution 2017 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for
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 he 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, rulesregulations. 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.
2
16.C.10.b
Packet Pg. 1347 Attachment: Congressman Mario Diaz-Balart Lease and Resolution 2017 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for
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 9. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
ARTICLE 10. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute
a default, and I,ESSOR 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 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 correct such default)
after notice to LESSOR by LESSEE properly specifying wherein LF,SSOR 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 shall be
in writing to the other party at the following addresses:
LESSOR:LESSEE:
Board of County Commissioners Congressman Mario Diaz-Balart
c/o Real Property Mgmt. Dept. 8669 NW 36th Street, Suite 101
3335 East l'amiami Trail, Suite 101 Doral, Florida 33166
Naples, Florida 34112
cc: Office of the County Attorney
Facilities Management Division Director
3
16.C.10.b
Packet Pg. 1348 Attachment: Congressman Mario Diaz-Balart Lease and Resolution 2017 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for
ARTICLE 13. 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 14. General Provisions
IJ 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 arc 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 Leaseof a leasehold interest in the Demised Premises or LESSEE'S
possession of said leasehold interest in the Demised Premises.
ARTICLE 15. 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 16. 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 17. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
4
16.C.10.b
Packet Pg. 1349 Attachment: Congressman Mario Diaz-Balart Lease and Resolution 2017 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for
ARTICLE 18. Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of
Florida.
ARTICLE 19. District Office Lease
As a requirement of the United States House of Representatives, attached as an
ADDENDUM to this Lease, is the District Office Lease Attachment.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and
seals.
AS TO LESSEE:
DATED: (-'
fF
7. BY.
7
WI1NESS (signature)'CON! ' SS.AN ' ' 0 D ' Z-BALART
C7/0 (i &ifl fq Ar l U ---
print name) - '.
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AS TO THE LESSOR:
DATED: • l 7
ATTEST: ;, BOARD 0 C• TY COMMISSIONERS
DWIGHT E• OK, Clerk COLLIER ,• Y, FLORIDA
0.jav,...szet BY: //h /Ld A
Deputy CIerV i : PENNY TAI• , Chai
apt
Attest as td‘Ghapnan's
sigtatareonl'j.
Approved as to form and legality:
Jennifer r . .elpedio, Assist - Attorney
5
16.C.10.b
Packet Pg. 1350 Attachment: Congressman Mario Diaz-Balart Lease and Resolution 2017 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for
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16.C.10.b
Packet Pg. 1351 Attachment: Congressman Mario Diaz-Balart Lease and Resolution 2017 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for
ADDENDUM
U.S. Nouse of Wcpresentatives
Washington,D.C.20515
District H r:`:1: A;'1:ndment
Page 1 of 2—115th Congress)
1. Prior Lease Term. The undersigned Landlord("Lessor")and Member of the U. S. House of
Representatives("Lessee")agree that they previously entered into a District Office Lease
Lease")(along with the District Office Lease Attachment),which covered the period front
1/3/2013 to 1/2/2017 for the lease of office space
located at 4715 Golden Gala Parkway
in the city,state and ZIP of Naples,Florida 34116
2. Extended Term. If applicable,the above referenced Lease is extended through and including
January 2 20 19 . (This District Office Lease Amendment
Amendment")may not provide for an extension beyond January 2,2019,which is the end of
the constitutional term of the I I 5th Congress.)
3. Rent and Any Other Changes. The-monthly rent for the extended term of the Lease shall now
be 510 annually All other provisions of the existing Lease shall remain unchanged and
in full effect,except for the following additional terms,which arc modified as indicated in the
space below[If no additional terms are to be modified,write the word"NONE"below].
Amenities are addressed in the original Lease Agreement between Congressman Mario
Diaz-Balart and Collier County, a political subdivision of the State of Florida,dated February 12,
2013.
4. District Office Lease Attachment for 115th Congress. This Amendment shall have no force
and effect unless and until accompanied by an executed District Office Lease Attachment for the
15th Congress and the District Office Lease Attachment for the 115th Congress attached hereto
supersedes and replaces any prior District Office Lease Attachment.
5. Counterparts. This Amendment 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.
6. Section Headings. The section headings of this Amendment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
Signature page follows.]
16.C.10.b
Packet Pg. 1352 Attachment: Congressman Mario Diaz-Balart Lease and Resolution 2017 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for
US. ,Mouse of Representatives
Washington, D.C.20515
District Otice Lease Amendment
Page 2 of 2—1155th 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.
Collier County,a Political Subdivision of the State of Florida Congressman Mario Diaz-Balart
Pri t I * - ffLessor/Landlord hut Name of Les
B //' 7 411,
Lesso`l7pgnature ' essee S. ature
Name: ofelrt`1 IG,
gld
Title: C kit(vn Gr„'1
j-)CA.A--et— P2 -7 ,2-ei i "7 6///67/1 ,7
Date Date
Approved as to to :;' le?. ity
telkRRdJ lam-
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DeputyCsiv1 it' 7. \ Q
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eSt a5 to, alrt 'S
slg Ur,?Ql
This District Office Lease Amendment must be accompanied with an executed
District Office Lease Att tchtnent.
16.C.10.b
Packet Pg. 1353 Attachment: Congressman Mario Diaz-Balart Lease and Resolution 2017 (8789 : Lease Amendment with Congressman Mario Diaz-Balart for