Agenda 12/16/2008 Item #16E16
Agenda Item No. 16E16
December 16, 2008
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to adopt a Resolution
and approve a Lease Agreement with State Representative Tom Grady for use of
County-owned office space for an initial two year term at a total revenue of $20.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to accept and
execute a Resolution and Lease Agreement for State Representative Tom Grady 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, State Representative
Tom Grady is requesting to utilize office space contained in Suite 304 within the Administration
Building at the main Government Center. The office contains approximately 603 square feet.
The attached Lease Agreement reflects State Representative Tom Grady's electoral term of two (2)
years beginning November 4, 2008 to November 3, 2010. The Lease includes a renewal option
for additional two-year terms pending the Representative's re-election. The annual rental amount
of $10 will be paid in advance. The County is responsible for all utilities, janitorial service, and
local telephone service to the leased space. Representative Grady will be responsible for alllDng-
distance telephone charges.
As required by Florida Statute 125.38, a Resolution declaring that Suite 304 is not required for
County use and available for lease to Representative Grady is attached.
FISCAL IMPACT: The annual rental fee of $10 will be paid in full for the two years, in advance,
and shall be deposited into the General Fund (001).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The proposed Resolution and Lease Agreement are legally
sufficient for Board actiDn. - JAB
RECOMMENDATION: That the Board of County Commissioners accepts and approves the
Resolution and Lease Agreement with State Representative Tom Grady and authDrizes its
Chairman to execute the attached Lease Agreement and Resolution.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property
Management, Facilities Management Department
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Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda Item No. 16E 16
December 16, 2008
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E16
Recommendation for the Board of County Commissioners to adopt a Resolution and approve
a Lease Agreement with State Representative Tom Grady for use of County-owned office
space for an initial two year term at a total revenue of $20
12/16/20089.00:00 AM
Prepared By
Michael H. Do......I::-:9
Administrative Services
Property Management Specialist
Date
Facilities Management
12/1/20081:01:12 PM
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities Management
12/1/20082:48 PM
A ppro'\fed By
Toni A. Matt
Administrative Services
Real Property Supervisor
Date
Facilities Management
12/3/20087:33 AM
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Date
Administrative Services Admin.
12/4/200811 :47 AM
A pproved By
OMS Coordinator
Administrative Services
Applications Analyst
information Technology
Date
12/4/20082:19 PM
Approved 8y
Jeff Kiatzkow
County Attorney
Assistant County Attorney
County Attorney Office
Date
12/5120082:39 PM
Appro\'ed By
Laura Davisson
County Manager's Office
Management & Budget Analyst
Office of Management & Budget
Date
12/5/20084:45 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
12/6/2008 11 :47 AM
file://C:\AgendaTest\Export\ 118-December%20 16,%202008\ 16.%20CONSENT%20AGE... 12/1 0/2008
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L.,c;enda item t-.Jo. 16E 16
~ December 16. 2008
Page 3 of 8
RESOLUTION No. 2008-
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
BETWEEN COLLIER COCNTY AND STATE REPRESENTATIVE TOM
GRADY FOR UTILIZATION OF OFFICE SPACE WITHIN THE
ADMINISTRATION BUILDING.
WHEREAS, State Representative Torn Grady ('Representative') desires to lease an office
space on the third l100r of the Administration Building, Suite 304. Q\Ovned by Collier County, a
political subdivision of the State of Florida C;Collicr COWlt)'''), in order to operate a State
g.overnment office.
WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects
the Representative's election term. The Lt=ase provides for automatic two (2) year renewal terms,
pending the Representative's re-election to this office. The rent shall be Ten Dollars annually
throughout the hfe of the Lease.
WHEREAS, the Board of County Commissioners is satisfied that this property is
required for the Representative's use and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COU1\TY
COMMISSIONERS OF COLLIER COU1\TY. FLORlDA, that:
1. The Board of County Commissioners does approve the attached Lease Agreement
between Collier County and State Representative Tom Grady.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is
hereby authorized to execute (he attached Lease Agreement.
This R(;:solution adopted this ____ day of
after motion. second and majority vote.
, 2008
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COM1VllSSlONERS
COLLIER COUNTY, FLORIDA
BY' M'
Deputy Clerk
BY:
-------
TOM HENNING
Approved as 10 form and legal sufficiency:
/p
Agenda Item No. 16E16
Lease # December 16, 2008
Page 4 of 8
LEASF AGREEMENT
THIS LEASE AGREEMENT entered into this _ day of , 2008, between State
Representative Tom Grady, whose mailing address is Suite 304. 3301 East Tamiami Trail, Naples,
Florida 341 J2, 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,
her~inafter referred Lo as "LESSOR."
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as fonows:
ARTICLE 1.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property located
at the Collier Count)' Government Center, Administration Building, Suite 304, 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 government office,
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a term of two (2) years, commencing on
November 4, 2008 and ending November 3,2010, 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 renew same for
automatic two (2) year terms, 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 pJact'menl of the
notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage
Prepaid.
LESSOR and LESSEE reserve 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 Prcmist's the sum of Ten
Dollars and 0011 00 Ccnts ($10.00) per annum. The annual rent 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 staled
above shall remain the same for the ensuing renewal term.
ARTICLE 4.
Other Exnenses and Chanzcs
LESSOR shall pay all costs associated with the Demised Prcmises 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, electricity, light, heat, air
conditioning, power, water, and sewer services Ilsed, rendered or supplied thereupon or in connection
with the D~rnised Premises.
LESSOR shall bill, on a monthly basis, LESSEE for all long distance calls. L.ESSEE covenants to
pay LESSOR for monthly telephone 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 designatt:.
ARTICLE 5,
1V19pitications to Dc,mised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises,
LESSEE \"ill provide to LESSOR all proposals and plans for alterations, improvement.s, changes or
additions to the Demised Premises for LESSOR'S written apprOVed. specif)'ing in writing the nature and
extent of the desired alteration, improvement, change. or addition, along with the contemplated starting
and compietion iimc for such project. LESSOR or its dcsi,[,,'llce will then have sixty (60) days ",'ithin
which to approve or deny in \\'"riting said request for changes. impruvements, alterations or Eidditions.
.L.,genda Item No. 16E "I 6
LESSOR shall not unreasonably withhold its consent to required or appropriate alteraUtmssmber 16, 2008
improvemt:nts, changes or additions proposed by LESSEE. If after sixty (60) days there has been no Pa;:J8 5 of 8
response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a
dl.:nial to such request to LESSEE.
LESSEE covenants and agrees in connection Vt'ith 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 tenn thereof, or within thirty (30) days thereafter, if LESSOR so
directs, LESSEE shall promptly remove the additions, improvt:ments, alterations, fixtures and
installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any
damage occasioned 10 the Demised Premises by such removal; and in default thereof, LESSOR may
complete said removals and repairs at LESSEE'S t:xpense.
LESSEE covenants and agrees not to use, occupy, suffer or pennit said Demised Premises or any
part thereof 10 be used or occupied for any purpose contrary to law or the rules or regulations of any
public authority.
ARTiCLE 6.
bC.i:::~~S 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 lhereof 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.
Assii!nment and Sublettinl!
LESSEE covenants and agrees not to assib1T1 this Lease or to sublet the \vhole or any part of the
Demised Premises, or to pennit any other persons to occupy same without the wrillen consent of
LESSOR. Any such assignment or subletting, even with the consent of LESSOR, shan not relieve
LESSEE from liability for payment of rent or oiber sums herein provided or from the obligation to keep
and be bound b),the lenTIS. conditions and co....enants of this Lease. The acceptance of rent from any other
person shall not be deemed to be a v.'aivcr of any of the provisions of this Lease or to be a consent to the
assignment of this Lcasc or subletting oftbe Demised Premises
ARTICLE 8.
lndcmnit\-'
LESSEE. in consideration ofTen Dollars ($1000), the receipt and sufficiency of which is hereby
ai.:knowledged, shall indcmnif)', defend and hold nann less LESSOR, its agents and employees from and
against any and all liability (statU/or)' or other.vise). damages. claims, stlits, demands, judgments, c.osts,
interest and expenses (including, but 110t limited to, anomeys' fees and disbursements both at trial and
appellate levels) arising, directly or indirectly: from any injury to, or death of, any person or persons or
damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Dcmis~d Premises,
(B) any work or thing whaLsm:ver Jone, or any cunditions created (other than by LESSOR, its ~mployees.
agents or contractors) by or on behalf of LESSEE in or about the Demised Premises. (C) any conditions
of the Demised Premises d~]e to or resulting from any default by LESSEE in the performance of
LESSEE'S ohligations under this Lease. or (D) any act, omission or negligence of LESSEE or its agents,
contractors, employees, subtenants. licensee or invitees. In ca.,e any action or proceeding is brought
against LESSOR by reasons of anyone or more thereof, LESSEE shall pay all costs, attorneys' fees,
expenses and liabiiities resulting therefrom and shall defend such action or proceeding if LESSOR shall
so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR.
The LESSOR shall not be liable for any injury or damage to person or property caused by the
el~menl.<; or by olher persons in the Demised Pn:mises, or from the street or sub-surface, or trom any
other place. or for any illterfc;,cncc caused by opcrativns by or for a governmental autllOrity In
cDnstrudiui! uf <IllY puuli'..: or yuasi-publi" w(1rb.
The LESSOR shft)] not be liable for any damages to or loss 01: including loss due to petty theft,
nny property. occurring on the Demised Premises or any part Ihereuf, anJ the LESSEE agrees to hold the
LCSSOR harmless from any claims f()f damages, c:-;.cept where such damage or injury is the result of the
gross negligence or willf\ll misconduct of the LESSOR or its cmploy~~s.
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ARTICLE 9.lnsurm:!C<fi
Agenda Item No. 16E16
December 16. 2008
Page 6 of 8
LESSEE shall provide and maintain general liability and property liability insurance policy(ies)
pursuant to the provision of the Florida Insurance Risk Management Trust Fund and pursuant to the
provisions of Section 768.28, Florida Statutes, during the term of this Agreement. In addition, LESSEE
shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's
Liability with a minimum limit of One Hundred Thousand Dollars and Noll 00 Cents ($J(lO,OOO.OO) each
ace ident.
Evidence of such insurance shall be provided to the Collier County Risk Management Department,
3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the
commencement of this Lease Agreement; and shal1 include a provision requiring thiTt.}' (30) days prior
written notice to Collier County clo County Risk Management Department in the event of cancellation or
changes in policy(ies) coverage.
The LESSEE acknowledges and agrees that no changes or canccUations to the insurance coverage
will occur without thirty (30) days prior writ1en notice to LESSOR. LESSEE shall ensure that] ,ESSEE'S
insurance provider will be responsible for notifying the LESSOR directly of any changes related to
insurance coverage. LESSEE shall also ensure that the insurance coverage provided in accordance with
this agreement shall require that the company or companies writing such insurance policy(ics) shall
provide to LESSOR written notice of cancellation thirty (30) days prior to the proposed cancellation.
LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in
writing to LESSEE, whereupon receipt of such notice Lessee shall have thirty (30) days in .....hich to
obtain such additional insurance.
ART1CLE I o. Millnt~!la,!.W~
LESSEE shall keep the Demised Premises clean at all times
ARTICLE] I. Default bv I.ESSI;5
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default and LESSOR mtly, at its option, terminate this Lea~e 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 ]2. Default bv LESSOR
LESSOR shall in no event be charged with default in the perfonnance of any of its obligations
hereunder unless and until LESSOR shall have failed to perform sueh 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 perfurm any stich obligations.
ARTICLE 13. Notic~~
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in
writing to lhe other party at the following !Iddrcsses:
LESSOR:
LESSEE:
Board of County Commissioners
clo Real Property Management
Building 'W'
3301 Enst Tamiami Trail
Naples, Florida 34112
Slate Representalive Tom Gntdy
Administration Building, Suite 304
3301 East Tl:lmiami Trail
Naples, Florida 34112
cc: OfTtce of the County Attorney
Facilities Management Department Director
ARnCLE 14. Surrender of Premises
LESSEE shall deliver up and surrender to LESSOR possession of the l)emis~d Premises at the
tcnnination 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 thi" T .case or may have
been put by LESSOR or LESSEE during the continuance theTCof. ordinary wear and tear and damage by
fire Or tilr.;; dements beyond LESSEE'S controi excepted.
3
AR'I.(CLE 15. ~eneral Prmj),Jllns
.Agenda Item No. : 6E 16
December 16, 2008
Page 7 of 8
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 grant~d 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 Ihis Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession
of said leasehold interest in the l)emiscd Premises.
ARTICLE 16, Env.ironmental Concerns
LE,SSEE represents, ,"varrant.s and agrees to indemnity, reimburse, defend and hold harmless
LESSOR. from and against all costs (including attorneys fees) asserted against, imposed on or incurred
by LESSOR directly or indirectl)' pursuant to or in connection with the application of any federal, state,
local or common law rdating to pollution or protection of the environment.
AR TlCLE J 7, Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties arc 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 18, ExtcntofLiefl-.?
All persons to whom these presents may come are put upon notice of the fact that the interesl of
the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the
LESSEE, and liens for improvclTlctllS made by the LESSEE are specifically prohibited from Cllwching to
or becoming a lien on the interest of the 1.ESSOR in the Demised Premises or any part of eilher. TIlis
notice is given pursuant to the provisions of and in compliance with Section 713. j 0, FloriJiI Statutes.
ARTICLE 19. .EJr~_ctL!e_pate
This Lease sln~11 become effective upon execution by both LESSOR and LESSEE.
ARTICLE 20. ~!Qv~min!1: La\~.
rhis Lease shall be governed and construed in accordance with the laws of the State of Florida.
IN WITNESS \V!-fEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DA TED:
ATTEST:
DWIGHT E. BROCK, Cle,'k
BOARD OF COl:NTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deruty Clerk
BY
TOM IfE1\1\ING, Chairman
AS TO LESSEE:
DATED:
WITNESS (signature)
(print name)
WITNESS (signature)
(print name)
Appro\'-=d as lo form and legal sufficiency:
~A. Belpedio, Assistant County Anomey
Agenda Item No. 16E 16
December 16, 2008
Page 8 of 8
ny:
STATE REPRESE)lT A TIVE TOM GRADY
5