Resolution 2008-366
RESOLUTION No. 2008 - 366
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT
BETWEEN COLLIER COUNTY AND STATE REPRESENT A TIVE
DA VID RIVERA FOR UTILIZATION OF OFFICE SPACE WITHIN THE
ADMINISTRATION BUILDING.
WHEREAS, State Representative David Rivera ('Representative') desires to lease an
office space on the third floor of the Administration Building, Suite 305, owned by Collier
County, a political subdivision of the State of Florida ("Collier County"), in order to operate a
State government office.
WHEREAS, the Lease Agreement provides for an initial two (2) year term which reflects
the Representative's election term. The Lease 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 life 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 COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does approve the attached Lease Agreement
between Collier County and State Representative David Rivera.
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 ) ~ ~y of 10~~
after motion, second and majority vote.
, 2008
ATTEST:
DWIGHT E, BROOK, Clerk
.::...;~'J ......" .
~" -,Jt:" .~';
aY~:~~c_( .
..., .'~..'...... .
.t.,..~~~\,:,>'\,.~
TY COMMISSIONERS
Y, FLORIDA
'\" .~'(...
Approved as to form and legal sufficiency:
~Oj~Q~
Jennifer A. Belpedi , Assistant County Attorney
Lease # 11 t!-c - /0 '3
LEASE AGREEMENT
r- ,\
THIS LEASE AGREEMENT entered into this ~ day of 1UJ- ~ , 2008, between State
Representative David Rivera, whose mailing address is Suite 305, 3301 East Tamiami Trail, 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 305, 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 placement 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 Premises the sum of Ten
Dollars and 00/100 Cents ($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 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 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 used, rendered or supplied thereupon or in connection
with the Demised Premises.
LESSOR shall bill, on a monthly basis, LESSEE for all long distance calls. LESSEE 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 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. Any such assignment or subletting, even with the consent of LESSOR, shall not relieve
LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep
and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other
person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the
assignment of this Lease or subletting of the Demised Premises.
ARTICLE 8.
Indemnity
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and
against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs,
interest and expenses (including, but not limited to, attorneys' 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 Demised Premises,
(B) any work or thing whatsoever done, or any conditions created (other than by LESSOR, its employees,
agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any conditions
of the Demised Premises due to or resulting from any default by LESSEE in the performance of
LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents,
contractors, employees, subtenants, licensee or invitees. In case any action or proceeding is brought
against LESSOR by reasons of anyone or more thereof, LESSEE shall pay all costs, attorneys' fees,
expenses and liabilities 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
elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any
other place, or for any interference caused by operations by or for a governmental authority in
construction of any public or quasi-public works.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft,
any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the
LESSOR harmless from any claims for damages, except where such damage or injury is the result of the
gross negligence or willful misconduct of the LESSOR or its employees.
2
ARTICLE 9. Insurance
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 ($100,000.00) each
accident.
Evidence of such insurance shall be provided to the Collier County Risk Management Department,
330 I East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval prior to the
commencement of this Lease Agreement; and shall include a provision requiring thirty (30) days prior
written notice to Collier County c/o County Risk Management Department in the event of cancellation or
changes in policy(ies) coverage.
The LESSEE acknowledges and agrees that no changes or cancellations to the insurance coverage
will occur without thirty (30) days prior written notice to LESSOR. LESSEE shall ensure that LESSEE'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(ies) 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 which to
obtain such additional insurance.
ARTICLE 10. Maintenance
LESSEE shall keep the Demised Premises clean at all times.
ARTICLE 11. Default by 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 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 12. 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 13. 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
c/o Real Property Management
Building 'w'
3301 East Tamiami Trail
Naples, Florida 34112
State Representative David Rivera
Administration Building, Suite 305
3301 East Tamiami Trail
Naples, Florida 34112
cc: Office of the County Attorney
Facilities Management Department Director
ARTICLE 14. 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.
3
ARTICLE 15. 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, ofa leasehold interest in the Demised Premises or LESSEE'S possession
of said leasehold interest in the Demise<tPremises.
ARTICLE 16. 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 17. 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
rado"n 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. 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 19. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 20. 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:
" c-
DATED: ;&L.. ~/ 0-'-.() (.
~\5)j"" .~:~l?.;,
ATTEST'}' .....~.".
~ . &. . . -\ ~
DWIGHt' E.aRo.CK~~lerle
~ ~.>.'~,
... ~'~ " . . -,\-..
";. .zJ,:' \.-.pi,! . lerk
AtteIt-J It .tf-.........
.t"~J~ll.itl... ·
4
AS TO LESSEE:
DA TED: y -'I 0p-- 0 (7
, --...,
/
~..-
J/eP4/lcJ 0/J1I(,/,q
(print name)
Approved as to form and legal sufficiency:
BY:~
STATE REPRESENTATIVE DA VID RIVERA
5