Resolution 2008-368
RESOLUTION No. 2008 - 368
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND STATE SENATOR GARRETT
RICHTER FOR UTILIZATION OF OFFICE SPACE WITHIN THE
ADMINISTRATION BUILDING.
WHEREAS, State Senator Garrett Richter ('Senator') desires to lease an office space on
the second floor of the Administration Building, Suite 203, owned by Collier County, a political
subdivision of the State of Florida ("Collier County"), in order to operate a State govermnent
office.
WHEREAS, the Lease Agreement provides for an initial four (4) year term which reflects
the Senator's election term. The Lease provides for automatic four (4) year renewal terms,
pending the Senator's re-election to this office. The rent shall be Ten Dollars annually
throughout the life of the Lease.
WHEREAS, the Board of County Commissioners is satisfied that this property IS
required for the Senator's use and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Board of County Commissioners does approve the attached Lease Agreement
between Collier County and Senator Garrett Richter, State of Florida House of
Representatives.
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 / (p-[!; day of A R ~~
after motion, second and majority vote.
, 2008
ATTEST>' .,' . f,) ~,{; ,
DWIG>>:r E.BRQCK,Cf~k
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- '
TY COMMISSIONERS
Y, FLORIDA
BY:
Deputy.Clerk , '( .
lttltst ., tiJ 't!l.1'
,1gnatur~ on"
Approved as to form and legal sufficiency:
Lease #
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this Jt.tJ7'-day of ,o,..t..<:..- . , 2008, between Florida
State Senator Garrett Richter, whose mailing address is 3301 EastTamiamiTrail,Suite 203, Naples,
Florida 34112, 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,
hereinafter referred to as "LESSOR".
WITNESSETH
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 property located
at the Collier County Government Center, Administration Building, Suite 203, 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 United States government office.
ARTICLE 2.
Term of Lease
LESSEE shall have and hold the Demised Premises for a term of four (4) years, commencing on
November 4, 2008 and ending November 3, 2012. 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 automatically
renew same for additional terms of four (4) years each, which shall reflect the LESSEE'S term of office,
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 placement of the notice in an official depository of the
United States Post Office, Registered or Certified Mail, Postage Prepaid.
Any holding over the expiration of the terms of this Agreement with the consent of LESSOR shall
be construed to be tenancy from month-to-month under the terms and conditions as provided herein, until
such time as a new Lease Agreement can diligently be processed by LESSOR for the new 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.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Ten
Dollars and 00/1 00 Cents ($10.00) per annum. The rent for the initial Lease term 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 stated
above shall remain the same for the ensuing renewal term and shall be paid in full for the renewal term
thereof and shall be paid within thirty (30) days for the commencement of the renewal term.
ARTICLE 4.
Other EXDenses 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 long distance telephone charges which are
addressed below. Utility charges shall include, but shall not be limited to, one (I) cable television outlet,
electricity, light, heat, air conditioning, power, water, and sewer services used, rendered or supplied
thereupon or in connection with the Demised Premises.
LESSEE shall be billed by LESSOR, and LESSEE shall pay for all 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 designate.
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, 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.
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.
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 II, Maintenance
LESSEE shall keep the Demised Premises clean at all times.
ARTICLE 12. Default bv LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, and LESSOR may, at its option, terminate this Lease after providing written notice 10 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 13. Default bv 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.
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ARTICLE 14. 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:
Board of County Commissioners
c/o Real Estate Services
330 I East Tamiami Trail
Administration Building
Naples, Florida 34112
LESSEE:
Senator Garrett Richter
Administration Building, Suite 203
3301 East Tamiami Trail
Naples, Florida 34112
cc: Office of the County Attorney
Facilities Management Department Director
ARTICLE 15. 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 16. 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.
(a) Rights not specifically granted 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 this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession
of said leasehold interest in the Demised Premises.
ARTICLE 17, Environmental Concerns
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless
LESSOR, from and against all costs (including attorneys fees) asserted against, imposed on or incurred
by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state,
local or common law relating to pollution or protection of the environment.
ARTICLE 18. 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 19. 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 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
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ARTICLE 21. Governing Law
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED: <~';JiA' 07
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BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY ORIDA
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AS TO LESSEE:
DATED:
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TT RICHTER, Florida State Senator
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TNESS (sIgnature)
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(print name)
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WITNESS (signature)
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(print name)
Approved as to form and legal sufficiency:
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JennIfer A. BelpedlO ~
Assistant County Attcrney
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