Backup Documents 06/11/2019 Item #16C10 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 L a
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE V C 1
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. County Attorney Office County Attorney W..(3. 6 `1 7 l9
2. BCC Office Board of County
`'�`l`' (a_ti-_,6
Commissioners 3. Mi
nutes and Records Clerk of Court's Office °41/ oj;
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 Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was Agenda Item Number
Approved by the BCC JUNE 11,2019 16 C 10
Type of Document Number of Original
Attached District Office Lease Amendment Documents Attached 2
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? D N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
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
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 N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A
5. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD
signature and initials are required. N/A
7. In most cases(some contracts are an exception),the original document and this routing slip
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 6-11-2019 ,and all changes MD ,i r;
rr.
made during the meeting have been incorporated in the attached document. The �—r. its'
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 '!. T �
BCC,all changes directed by the BCC have been made,and the document is ready for the '4;71) ,
A. _.Iltte�
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
16C10
L' „„7
tel'
• • Memorandum
,NA
To: Minutes and Records
Clerk to the Board
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: June 11, 2019
Subject: Congressman Diaz- Balart— District Office Lease Amendment
BCC Date: June 11, 2019
BCC Item: 16 C 10
Please retain one copy of the fully executed document for your files and return
one to me for the client.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
1 6C 1 0
MEMORANDUM
Date: June 18, 2019
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Teresa Cannon, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: District Office Lease Amendment w/Congressman Mario Diaz-
Balart
Attached is an original of the document referenced above (Item #16C10),
approved by the Board of County Commissioners on Tuesday, June 11, 2019.
The original is being held in the Board's Minutes & Records Department for the
Board's Official Records.
If you have any questions, please contact me at 252-8411.
Thank you.
Attachment
1 6 C 1 n
2I S. [[ ouse of Representatives
Washington,D.C.20515
District Office Lease Amendment
(Page 1 of 2—116th 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 from
January 3,2017 to January 2,2019 for the lease of office space
located at 4715 Golden Gate Parkway,Suite One
in the city,state and ZIP of Naples,Fl.34116
2. Extended Term. If applicable,the above referenced Lease is extended through and including
January 3 ,2019 . (This District Office Lease Amendment
("Amendment")may not provide for an extension beyond January 2,2021,which is the end of
the constitutional term of the 116th Congress.?
3. Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall now
be $10.00 . 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 terms are to be modified,write the word"NONE"below].
Rent will be$10 yearly
4. District Office Lease Attachment for 116'h Congress. This Amendment shall have no force
and effect unless and until accompanied by an executed District Office Lease Attachment for the
116th Congress and the District Office Lease Attachment for the 116th 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.]
C
16C10
VS. .xouse of Representatives
Washington,D.C.20515
District Office tease Amendment
(Page 2 of 2—116'"Congress)
IN WITNESS WHEREOF,the parties have duly executed this District Office Lease Amendment as of the
later date written below by the Lessor or the Lessee.
Collier County,a� ofthe State ofFlorida Congressman Mario Diaz-Balart
111111
,!'cDaniel, •aTint Name of L
By: ,
Lessor Signature ssee nature
Name:
Title:
? Wit II
Date Date
ATTEST
RY •L K.KiNiiilffLERK Approved as to form and legality
Attest as to Cbirman'S Assistant Count t imcy % `Q
signature only. LA\
This District Office Lease Amendment must be accompanied with an executed
District Office Lease Attachment.
16C1n
District Office Lease Attachment- Instructions
The District Office Lease Attachment must accompany every Lease or Lease Amendment that is
submitted for a Member/Member-Elect's District Office.
NO LEASE,AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE
BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL.
The term of a District Office Lease or Amendment for the 116th Congress may not commence
prior to January 3,2019.
Members should endeavor to lease space through the last day of a congressional term rather than
the last day of a calendar year. For the 116th Congress,leases should end on January 2,2021, not
December 31,2020.
A few things to keep in mind:
A. The Member/Member-Elect is required to personally sign the documents.
B. The Member/Member-Elect must indicate in Section A("Lease Amenities") of the
Attachment whether the proposed leased space will serve as a flagship district office.
C. The Lessor must complete the amenities checklist in Section A("Lease Amenities"),unless
the checkbox at the top of the amenities checklist is marked to indicate that amenities are
listed elsewhere in the Lease.
D. Broadband/cable availability can be checked by entering the address of the proposed leased space
at https://broadbandmap.fcc.gov. The Member/Member-Elect should still confirm
broadband/cable status directly with the Lessor.
E. Section B ("Additional Terms and Conditions") of the Attachment SHALL NOT have any
provisions deleted or changed.
F. Even if rent is zero,an Attachment is still required.
G. Prior to either party signing a Lease or Amendment,the Member/Member-Elect must
submit the proposed Lease or Amendment, accompanied by a copy of the Attachment,to
the Administrative Counsel for review and approval. If the Administrative Counsel
determines that the proposed terms and conditions of the Lease or Amendment are in compliance
with applicable law and House Rules and Regulations,the Administrative Counsel will notify the
Member/Member-Elect that(s)he 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).
H. 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 Lease or Amendment is sent to the Administrative Counsel. They may be sent by email
in PDF form(leases@mail.house.gov) or faxed to(202-225-6999).
I. Without a properly signed and submitted Attachment,the Lease or Amendment cannot be
approved and payments will not be made. The parties agree that any charges for default,early
termination or cancellation of the Lease or Amendment which result from actions taken by or on
behalf of the Lessee shall be the sole responsibility of the Lessee, and are not reimbursable from
the Member's Representational Allowance.
I. Lessor shall provide a copy of any assignment, estoppel certificate,notice of a bankruptcy
or foreclosure,or notice of a sale or transfer of the leased premises to the Administrative
Counsel by e-mail in PDF form (leases@mail.house.gov).
6010
v.S.
5-fouse of Representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 1 of 5—116th Congress)
SECTION A
(Lease Amenities)
Section A designates whether the leased space will be the Member/Member-Elect's flagship
(primary)office and sets forth the amenities provided by the Lessor to be included in the Lease. Except as
noted below,the amenities listed are not required for all district offices.
To be completed by the Member/Member-elect:
0 The leased space will serve as my flagship(primary)District Office.
El The leased space will NOT serve as my flagship(primary)District Office.
To be completed by the Lessor:
DAmen.ities are separately listed elsewhere in the Lease.
(The below checklist can be left blank if the above box is checked.)
The Lease includes(please check and complete all that apply):
(Items marked with an asterisk and in bold are required for ALL district offices for the 116th
Congress.)
® * Broadband and/or Cable Access to the Leased Space(e.g.Comcast, Cox,Verizon,etc.).
(Check broadband status by entering the leased space address at https://broadbandmapja-c.gov.
The parties should also directly discuss broadband status.)
® * Interior Wiring CAT 5e or Better within Leased Space.
8 Lockable Space for Networking Equipment.
8 Telephone Service Available.
B Parking. 0 Assigned Parking Spaces
❑ Unassigned Parking Spaces
❑ General Off-Street Parking on an As-Available Basis
B Utilities. Includes:
8 Janitorial Services. Frequency:
8 Trash Removal. Frequency:
8 Carpet Cleaning. Frequency:
8 Window Washing. e Window Treatments.
8 Tenant Alterations Included In Rental Rate.
e After Hours Building Access.
e Office Furnishings. Includes:
8 Cable TV Accessible. If checked,Included in Rental Rate: Yes No
e Building Manager. 8 Onsite e On Call Contact Name:
Phone Number: Email Address:
Send completed forms to:Administrative Counsel, 217 Ford House Office Building, Washington,D.C. 20515.
Copies may also be faxed to 202-225-6999.
1bC10
'U.S. Mouse of Representatives
Washington,D.C. 20515
District Office lease Attachment
(Page 2 of 5—116th Congress)
SECTION B
(Additional Terms and Conditions)
1. Incorporated District Office Lease Attachment. Lessor(Landlord) and Lessee
(Member/Member-Elect of the U.S. House of Representatives)agree that this District Office
Lease Attachment("Attachment") is incorporated into and made part of the Lease("Lease") and,
if applicable,District Office Lease Amendment("Amendment")to which it is attached.
2. Performance. Lessor expressly acknowledges that neither the U.S.House of Representatives
(the"House")nor its Officers are liable for the performance of the Lease. Lessor further
expressly acknowledges that payments made by the Chief Administrative Officer of the House
(the"CAO")to Lessor to satisfy Lessee's rent obligations under the Lease—which payments are
made solely on behalf of Lessee in support of his/her official and representational duties as a
Member of the House—shall create no legal obligation or liability on the part of the CAO or the
House whatsoever. Lessee shall be solely responsible for the performance of the Lease and
Lessor expressly agrees to look solely to Lessee for such performance.
3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and
Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for
the CAO("Administrative Counsel")must review and give approval of any amendment to the
Lease prior to its execution.
4. Compliance with House Rules and Regulations. Lessor and Lessee understand and
acknowledge that the Lease shall not be valid,and the CAO will not authorize the disbursement
of funds to the Lessor,until the Administrative Counsel has reviewed the Lease to determine that
it complies with the Rules of the House and the Regulations of the Committee on House
Administration, and approved the Lease by signing the last page of this Attachment.
5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due
in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor
agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the
dispute before contacting Lessee.
6. Void Provisions. Any provision in the Lease purporting to require the payment of a security
deposit shall have no force or effect. Furthermore,any provision in the Lease purporting to vary
the dollar amount of the rent specified in the Lease by any cost of living clause,operating
expense clause,pro rata expense clause,escalation clause,or any other adjustment or measure
during the term of the Lease shall have no force or effect.
7. Certain Charges. The parties agree that any charge for default,early termination or cancellation
of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee,and shall not be paid by the CAO on behalf of the Lessee.
8. Death,Resignation or Removal. In the event Lessee dies,resigns or is removed from office
during the term of the Lease, the Clerk of the House may,at his or her sole option,either: (a)
Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C.20515.
Copies may also be faxed to 202-225-6999.
16C10
v.S. Mouse of representatives
Washington,D.C. 20515
District Office Lease Attachment
(Page 3 of 5—116th Congress)
terminate the Lease by giving thirty(30)days'prior written notice to Lessor; or(b) assume the
obligation of the Lease and continue to occupy the premises for a period not to exceed sixty(60)
days following the certification of the election of the Lessee's successor. In the event the Clerk
elects to terminate the Lease,the commencement date of such thirty(30)day termination notice
shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice
is postmarked.
9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which
the Lessee has been elected. The Lease may be signed by the Member-Elect before taking office.
Should the Member-Elect not take office to serve as a Member of the 116th Congress,the Lease
will be considered null and void.
10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease,
the terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance, U.S. House of Representatives, 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.
11. Assignments. Lessor shall not have the right to assign(by operation of law 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 Ieases@mail.house.gov.
12. Sale or Transfer of Leased Premises. Lessor shall provide thirty(30)days prior written notice
to Lessee in the event(a)of any sale to a third party of any part of the leased premises, or(b)
Lessor transfers or otherwise disposes of any of the leased 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.
13. Bankruptcy and Foreclosure. In the event(a)Lessor is placed in bankruptcy proceedings
(whether voluntarily or involuntarily), (b) the leased premises is foreclosed upon,or(c) of any
similar occurrence,Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file
a copy of any such notice with the Office 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.
14. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased
premises (usually used in instances when the Lessor is selling or refinancing the building)upon
the request of the Lessor. Such an estoppel certificate shall require the review of the
Administrative Counsel,prior to Lessee signing the estoppel certificate. Lessor shall promptly
provide a copy of any such estoppel certificate to the Administrative Counsel by e-mail at
leases@mail.house.gov.
Send completed forms to:Administrative Counsel,217 Ford House Office Building, Washington,D.C. 20515.
Copies may also be fazed to 202-225-6999.
v.S. Mouse of representatives 1 f} C 1 0
Washington,D.C. 20515
District Office Lease Attachment
(Page 4 of 5—116th Congress)
15. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense,
all public and common areas of the building including,but not limited to, all sidewalks,parking
areas, lobbies, elevators, escalators, entryways,exits, alleys and other like areas.
16. Maintenance of Structural Components. Lessor also agrees to maintain in good order,repair
or replace as needed,at its sole expense, all structural and other components of the premises
including,but not limited to,roofs, ceilings,walls (interior and exterior), floors, windows, doors,
foundations,fixtures,and all mechanical,plumbing, electrical and air conditioning/heating
systems or equipment(including window air conditioning units provided by the Lessor)serving
the premises.
17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage,either to
persons or property,sustained by Lessee or any of his or her employees or guests,caused by
Lessor's failure to fulfill its obligations under Sections 15 and 16.
18. 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.
19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act,28 U.S.C. §§ 2671-
80,satisfies any and all obligations on the part of the Lessee to purchase private liability
insurance. Lessee shall not be required to provide any certificates of insurance to Lessor.
20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's
officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to
any third party that may arise during or as a result of the Lease or Lessee's tenancy.
21. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable
permitting and zoning ordinances or requirements,and with all local and state building codes,
safety codes and handicap accessibility codes(including the Americans with Disabilities Act),
both in the common areas of the building and the leased space of the Lessee.
22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds
Transfer and agrees to provide the Office of Finance, U.S. House of Representatives,with all
banking information necessary to facilitate such payments.
23. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made
to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended
or been terminated.
24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the
attached Lease or attached Amendment,the provisions of this Attachment shall control, and those
inconsistent provisions of the Lease or the Amendment shall have no force and effect to the
extent of such inconsistency.
Send completed forms to:Administrative Counsel, 217 Ford House Office Building, Washington,D.C.20515.
Copies may also be faxed to 202-225-6999.
I6C1Q
'U.S. .7fouse ofpresentatives
Washington.D.C. 20515
District Office Lease Attachment
(Page 5 of 5—116th Congress)
25. Construction. Unless the clear meaning requires otherwise, words of feminine,masculine or
neuter gender include all other genders and,wherever appropriate. words in the singular include
the plural and vice versa.
26. Fair Market Value. The Lease or Amendment is entered into at fair market N aluc as the result
of a bona tide,arms-length,marketplace transaction. The Lessor and Lessee certify that the
parties arc not relatives nor have had.or continue to have,a professional or legal relationship
(except as a landlord and tenant).
27. District Certification. The Lessee certifies that the office space that is the subject of the Lease is
located within the district the Lessee was elected to represent unless otherwise authorized by
Regulations of the Committee on I louse Administration.
28. Counterparts. This Attachment may be executed in any number of counterparts and by
facsimile copy,each of which shall be deemed to be an original but all of which together shall be
deemed to be one and the same instrument.
•
29. Section Headings. The section headings of this Attachment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
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.
Cagrc«7,.nty.,Pe..rKei `t • • -..Ka floods Congressman Mario Diaz-Balart
Wi
' 1-Jr., C .'rm• Print Name al L
•
•
/Lessor Signature rice Si inure
Name:
Title:
�/I t UI it f
Date Dale
From the Member's Office,who is the point of contact for questions?
Name Phone( ) E-mail riimail.house. ov
This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are
approved,pursuant to Regulations of the Committee on House Administration.
Si_ned Date .34_-_-- .
(Administrative Counsel)
Send completed forms to. .ldnttnistraure Counsel.2/'Ford House 011it e Building. ttitshington,DC,?IIS/5
Copies niat also he lased to 202-225.6999.
vs ad ri
ttity •• ,ss
Approved as to loci"and lege
41 "i V Print Form
ATTEST
CRYS :L K.KIN LCL .
� urncy
Assistant County ERK '
/
:.t as to Chairma-