Resolution 2019-056 RESOLUTION NO. 2019 - 56
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN
COLLIER COUNTY AND UNITED STATES SENATOR RICK SCOTT FOR USE
OF OFFICE SPACE WITHIN A COUNTY-OWNED BUILDING.
WHEREAS, United States Senator Rick Scott("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 Tamiami Trail East,Naples, Florida 34112.
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 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 Senator Rick Scott.
2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby
authorized to execute the attached Lease Agreement.
This Resolution adopted this q „) day of Cy r1] , 2019, after
motion,second and majority vote.
ATTEST:
Crystal K. Kinzcl,Clerk BOARD OF COUNTY COMMISSIONERS
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TP/: ♦ . '0t- - BY:
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,, Wil L. McDaniel,Jr., Chairman
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Approved as to form and legality:
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Jennifer . Belpedio,As§int County Attorney cld �
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Lease # BCC-120
LEASE AGREEMENT
THIS LEASE AGREEMENT (the "Lease") entered into this '/ day of ajJ (- , 20
between Florida Senator Rick Scott, whose mailing address is 3299 East Tamiami Trail, Suite 106,
Naples, Florida 34112, hereinafter referred to as "LESSEE," and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is, in care of Real Property Management,
3335 East Tamiami Trail, Suite 101,Naples, Florida 34112, hereinafter referred to as "LESSOR".
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration,
subject to the statutory requirements set forth in 2 U. S. C. § 6317 relating to home state office space
for the United States Senate; the parties agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR 332 usable
square feet of office space located at 3299 Tamiami Trail East, Suite 106, Naples, Florida 34112,
hereinafter referred to in Exhibit A 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.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term beginning on January 4,2019,to
January 3,2025. Except as set forth below,the term of this Lease shall not exceed six years, and shall
in no case extend beyond the term of office which the LESSEE is serving on the first day of this Lease.
Should the LESSEE be re-elected to his Senate seat after the expiration of his term of office which he
was serving upon the execution of this Lease, the LESSEE may holdover in the Demised Premises
until such time as a new lease has been executed. Any month to month holdover may be terminated
by either party by providing thirty(30) days advance written notice to the other party.
LESSEE and/or the United States Senate, Sergeant at Arms(the"Sergeant at Arms") shall have
the right to terminate this Lease without penalty upon the Senator's death, resignation or expulsion
from the Senate. This right shall be exercised by providing sixty (60) days advance written notice to
the LESSOR of the LESSEE or Sergeant at Arm's intention to terminate this Lease. Notice shall be
sent to the addresses set forth in Article 12 of the Lease. Notwithstanding the foregoing, this Lease
shall terminate immediately upon the LESSEE'S loss of his Senate seat. Further, the Lease may be
terminated,by LESSEE or the Sergeant at Arms,pursuant to the terms regarding a force majeure event
as discussed below or in the event of a breach of the terms of the Lease.
LESSOR reserves the right to terminate this Lease,with or without cause,by providing LESSEE
with sixty (60) (changed from 30) days written notice to the address set forth in Article 12 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.
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ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Three
Hundred and Fifty Dollars and 00/100 Cents ($350.00) monthly. The monthly rental payment for the
first month shall be paid within thirty(30) days after the Effective Date and shall be paid in arrears on
or about the last day of each month thereafter. After the execution of the Lease,the LESSOR shall be
contacted by the Secretary of the Senate to determine the preferred method of payment of rent.
Said payment, which shall not be adjusted for operating expenses, taxes, landlord costs or
otherwise, is contingent upon the LESSOR's submission, at the beginning of each month, of a proper
invoice to the Sergeant at Arms of the United States Senate. Said invoice shall be in a form which is
approved by the Sergeant at Arms. Upon the direction of the LESSEE and the Sergeant at Arms, the
Secretary of the Senate will remit to the LESSOR, the sum due on the proper invoice at the end of
each month. Any payment made to the LESSOR by the Secretary of the Senate for any period after
this Lease agreement has expired or has otherwise been terminated shall be refunded by the LESSOR
to the Secretary of the Senate without formal demand. Payments for any fraction of a month shall be
prorated on a thirty (30) day basis. Any month to month holdover tenancy, if applicable, shall be at
the same base rent as in effect at the expiration of this Lease. The above indicated monthly rent
represent the full and complete monetary obligation of the LESSEE for occupancy and use of the
Demised Premises, including, but not limited to all common areas and parking facilities.
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent stated
above shall remain the same for the ensuing renewal term.
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, heat, air conditioning, water and sewer
services used,rendered or supplied thereupon or in connection with the Demised Premises. LESSOR
shall provide and pay for the installation of cable television and provide monthly cable service in two
(2) locations within the premises, including CNN, C-SPAN I and C-SPAN II. The LESSOR shall
provide telephone(s) and internet capability; however, the LESSEE is responsible for all charges
related to local and long-distance use and internet.
Janitorial services to the Demised Premises shall include, (1) on a daily basis, vacuuming,
dusting, trash removal including recycling, cleaning of all washrooms and, (2) on an annual basis,
carpet and window cleaning. LESSOR shall also provide and pay the cost of all lighting ballasts,
incandescent and fluorescent light bulbs, washroom supplies and all cleaning products.
No security deposit shall be required of the LESSEE for this Lease or for any parking passes or
other identification device. LESSOR shall provide sufficient number of keys,key fobs,parking passes
and/or other electronic security system passes required for entry into the Demised Premises and/or
building as requested by LESSOR, and as mutually agreed to by LESSOR and LESSEE, at no
additional cost to LESSEE. The LESSOR shall also provide LESSEE at LESSOR'S sole expense any
replacement keys, replacement key fobs, parking passes, or replacement of other electronic security
system passes provided by the LESSOR and/or property management company as requested by
LESSEE.
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ARTICLE 5. Modifications to Demised Premises
LESSOR may make reasonable changes, improvements, or repairs at the Demised Premises, as
requested by LESSEE, and shall be of no cost to LESSEE. All improvements shall be made in good
workmanlike manner,and in accordance with all state and local building codes and in accordance with
the American with Disabilities Act of 1990.
Those changes, alterations, additions, or improvements to the Demised Premises, not made by
LESSOR shall require the LESSEE to provide LESSOR all proposals and plans for alterations,
improvements, changes, or additions to the Demised Premises for LESSOR'S written approval,
specifying in writing the nature and extent of the desired alteration, improvement, change,or addition,
along with the contemplated starting and completion time for such project. LESSOR or its designee
will then have sixty (60) days within which to approve or deny in writing said request for changes,
improvements, alterations or additions. LESSOR shall not unreasonably withhold its consent to
required or appropriate alterations,improvements, changes or additions proposed by LESSEE. If after
sixty (60) days there has been no response from LESSOR or its designee to said proposals or plans,
then such silence shall be deemed as a denial to such request to LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable
laws, ordinances, rules, regulations, and requirements of the United States of America, State of
Florida, County of Collier, and any and all governmental agencies.
All alterations, improvements and additions to said Demised Premises shall at once,when made
or installed, be deemed as attached to the freehold and to have become property of LESSOR. Prior to
the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, if
LESSOR so directs,LESSEE shall promptly remove the additions,improvements,alterations,fixtures
and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any
damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may
complete said removals and repairs at LESSEE'S expense. Notwithstanding the above provisions,the
LESSOR hereby provides authorization for the LESSEE to provide and install security enhancements
to the Demised Premises at LESSEE's sole cost and expense. LESSEE shall not be required to return
the Demised Premises to their original condition upon the termination of this Lease in regard to the
installation of the security enhancements. Any alarm system and monitoring, which is currently
provided, shall continue to be provided by the LESSOR until such time as the Sergeant at Arms
' provides the security enhancements mentioned herein. Upon the installation of the new Sergeant at
Arms provided enhancements,the LESSOR shall have the old security system removed at LESSOR'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.
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LESSEE shall have access to the Demised Premises twenty-four (24) hours a day, seven (7)
days a week. The monthly rent shall include keys for the Demised Premises including any needed
replacement keys as well as electronic security system passes if the building has such electronic
security measures.
The building, grounds, parking accommodations, and the Demised Premises (hereinafter
referred to as the "facility") shall be readily accessible to and usable by individuals with disabilities in
conformance with the Uniform Federal Accessibility Standards (USAD-appendix A to 41 CFR part
101.19.6) or the American with Disabilities Act Accessibility Guidelines for Building and Facilities
(ADAAG-appendix A to 28 CFR part 36). If such facility is an historic property, such facility shall
comply to the maximum feasible extent possible provided that the same will not threaten or destroy
the historic significance of the facility.
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.
LESSOR shall comply with applicable federal laws pertaining to the assignment of claims
involving the United States government, including, but not limited to 31 U.S.C. 3727, as amended,
and 41 U.S.C. 6305, as amended.
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 in good working order and inform LESSOR of any
concerns regarding maintenance or repairs.
LESSOR shall pay for all regular maintenance and necessary repair to the building, grounds,
parking facility, and the Demised Premises without limitation, including all necessary improvements
to said space. LESSOR shall provide and pay the cost of supplies for such repair and maintenance.
ARTICLE 10. Default by LESSEE
The LESSEE enters into this Lease on behalf of the United States Senate. However, neither the
Senate nor its Officers assume any liability for the performance of the Lease. Payments approved by
the Sergeant at Arms and disbursed by the Secretary of the Senate of amounts due the LESSOR by the
LESSEE under the terms of this Lease are made solely on behalf of the Senator in the Senator's official
and representational capacity. The LESSOR agrees to look solely to the LESSEE for default of
payment or otherwise, and such Senator, in his official capacity, assumes all liability for performance
of this Lease agreement. LESSOR shall provide LESSEE and the Senate Sergeant at Arms written
notification of any default made by LESSEE under the terms of this Lease. Prior to the LESSOR
taking any action against LESSEE for default, LESSEE shall have thirty(30) days to cure any default
after receipt of written notification from LESSOR; however, if such default cannot be cured within
such period, LESSEE shall have such reasonable period of time as needed to cure such default.
LESSEE shall not be subject to surcharges, charges, attorneys' fees, interest, penalties or similar fees
arising from Lessee's default or otherwise.
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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 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 shall be in
writing to the other party at the following addresses:
LESSOR: LESSEE:
Board of County Commissioners Senator Rick Scott
c/o Real Property Management Department 3299 Tamiami Trail East, Suite 106
3335 East Tamiami Trail, Suite 101 Naples, Florida 34112
Naples, Florida 34112
cc: Office of the County Attorney Copy to:
Office of the Sergeant at Arms
United States Senate
State Office Liaison
Postal Square Building
6th Floor, Room S-151
Washington, D. C. 20510
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
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. Given the above,
LESSOR acknowledges that LESSEE'S position in the United States Government may give rise to
demonstration or protest activity. LESSEE will not be accountable for any protest or demonstration
activities.
(a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR.
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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.
ARTICLE 18. Holdover
Any holding over by the LESSEE after the expiration of this Lease shall be construed by the
parties as a tenancy at will, in which event, the LESSEE will be a month-to-month tenant, and
LESSEE shall continue occupying the Demised Premises upon the same terms and conditions of
this Lease, until such time that an Amendment to the Lease or a new Lease can be entered into by
the parties. Any month to month holdover may be terminated by either party by providing thirty
(30) days advance written notice to the other party.
ARTICLE 19. Governing Law
This Lease shall be governed and construed in accordance with applicable federal laws and the
laws of the State of Florida.
ARTICLE 20. Required Forms
LESSOR agrees to provide the Sergeant at Arms State Office Liaison a self-certification letter
outlining LESSOR'S suitability to do business with the federal government and a current Internal
Revenue Service Form W-9, "Request for Taxpayer Identification Number and Certification", as
revised December 2014. The forms shall be sent electronically via e-mail to
stateofficeliaison@saa.senate.gov with the subject line containing LESSOR'S name as identified in
Section 1 and "Certification Letter and Form W-9". If the forms cannot be sent electronically, the
original forms may be mailed to the following address: United States Senate, Sergeant at Arms, State
Office Liaison,Postal Square Building, 6th Floor, Washington,DC 20510 or faxed to (202)224-4963.
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ARTICLE 21. Force Majeure
Neither party to this Lease shall be liable for non-performance of any obligation under this Lease
if such non-performance is caused by a Force Majeure event. "Force Majeure"means an unforeseeable
cause beyond the control of and without the negligence of the party claiming Force Majeure,including,
but not limited to, fire, flood, other severe weather, acts of God, labor strikes, interruption of utility
services, war, acts of terrorism, and other unforeseeable accidents. If the building in which the
Demised Premises are located is totally destroyed or damaged by fire, flood, natural disaster, or other
casualty, this Lease shall immediately terminate. If the building in which the Demised Premises are
located or the common areas providing access to the Demised Premises are only partially destroyed
or damaged, so as to render the Demised Premises untenantable,unsafe,or not suitable for LESSEE'S
full use and enjoyment of the Demised Premises for the intended purpose,the LESSOR shall have the
option to elect to repair and restore the Demised Premises and property or terminate the Lease.
The LESSOR shall be permitted a reasonable amount of time, not to exceed sixty (60) days from the
event of destruction or damage,to repair or restore the Demised Premises and property, provided that
the LESSOR submits to the LESSEE and the Sergeant at Arms a reasonable schedule for repair of the
Demised Premises and property within thirty (30) days of the event of destruction or damage. If the
LESSOR fails to timely submit a reasonable schedule for completing the work, the LESSEE or the
Sergeant at Arms may elect to terminate the Lease effective as of the date of the event of destruction
or damage. If the LESSOR elects to repair or restore the Demised Premises and property, but fails to
repair or restore the Demised Premises and property within sixty (60) days from the event of
destruction or damage, or fails to diligently pursue such repairs or restoration so as to render timely
completion commercially impracticable,the LESSEE or the Sergeant at Arms may terminate the Lease
effective as of the date of the destruction or damage. During the time that the Demised Premises are
unoccupied by Tenant, rent shall be abated.
ARTICLE 22. Conflict of Interest
The LESSOR certifies and warrants that the LESSOR has no conflict of interest, direct or
indirect, financial or otherwise, which would be applicable to the performance of the obligations
covered by this Lease. If an allegation of a conflict of interest is brought to the attention of the United
States Senate, the LESSOR agrees to fully cooperate with any investigation of the allegation(s), and
will disclose to the United States Senate any other contract(s)to which the LESSOR is a party,public
or private, or which the LESSOR undertakes during the period of this Lease, including contracts
entered into during the period of this Lease, which include duties to be fulfilled after the termination
of this Lease. LESSOR further certifies and warrants that this Lease is entered into at fair market
value as the result of a bona fide,arms-length,marketplace transaction. The LESSOR and the LESSEE
certify that the parties are not relatives nor have had, or continue to have, a professional or legal
relationship, except as a LESSOR and LESSEE. Further, LESSOR certifies and warrants that
LESSOR is not currently suspended, debarred, or otherwise ineligible from contracting with the
Government.
ARTICLE 23. Signage
The LESSOR shall provide and pay for a suitable building standard sign which designates the
Senator's office in accordance with LESSEE'S specifications. LESSOR, at LESSEE'S request, shall
include the LESSEE'S name in all building directories throughout the building at no cost to the
LESSEE. Changes to such directory shall be at no additional cost to the LESSEE. LESSOR agrees
to permit the conspicuous posting of sign(s) in the building and/or Demised Premises required by
statute or regulation for Federal facilities, including but not limited to, notice of the provisions of 18
U.S.C. § 930(h) concerning the possession of firearms or other dangerous weapons in Federal
facilities.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO LESSEE:
DA ED: Qltiact:1.)
BY: 42.WITNESS (signae) SENRICK SCOTT
-TEn 2sfec&C C- ((owl
(print name)
WITNESS (signature)
(print name)
AS TO THE' /LESSOR:
DATED: 7''9" / I R
ATTEST: BOARD OF C e J► Y COMMISSIONERS
Crystal I nzel,.Clerk COLLIE DAAsh
BY: � .�.
ty Clerk --
ttet as tt .C4 W. /. McDaniel, Jr., Chairman
4)4. n, std`s‘‘'
Approved as to form and legality:
O\
Je r A. Belpedio, A ' tant County Attorney CO
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