Agenda 02/10/2015 Item #16E3 2/10/2015 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with Interfaith Action of Southwest
Florida, Inc. to utilize a location on a county-owned communications tower in
lmmokalee.
OBJECTIVE: To lease space on a county-owned communication tower to Interfaith
Action of Southwest Florida, Inc. for operation of a low-power FM radio station in
Immokalee.
CONSIDERATIONS: Interfaith Action of Southwest Florida, Inc. (Interfaith) is an
Immokalee-based community outreach organization working in partnership with the
Coalition of Immokalee Workers to improve conditions for agriculture workers. This
outreach includes a low power FM radio station. This Lease Agreement (Agreement) will
provide antenna space on a County-owned communications tower and space for
associated communications equipment at 312 Stockade Road in Immokalee (Property).
Interfaith has requested this Agreement to improve the technical capabilities for transmittal
of its radio programming.
The initial term of the Agreement is five (5) years with two separate renewal terms of five
years each. Either party will be allowed to terminate at any time by providing 30 days
written notice. The annual rent for the initial five year term of occupancy will be $1,000,
and shall be increased by three percent at the commencement of each subsequent five
year term. The County shall provide electrical service to the Lessee. The Lessee shall
provide the County with all required insurances as outlined in the Agreement.
The attached Agreement has been reviewed by the Information Technology Department,
and the Office of the County Attorney, and the Risk Management Department concerning
insurance coverage at the subject property.
FISCAL IMPACT: The annual rent of $1,000 shall be paid in full within thirty days of
execution of this Agreement and on the anniversary date for subsequent years thereafter.
The annual rent shall be deposited into the 800 MHz IRCP Fund, 188-140480-362110.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote
for Board action. - JAB
RECOMMENDATION: That the Board of County Commissioners approves and
authorizes its Chairman to execute the attached Lease Agreement with Interfaith Action of
Southwest Florida, Inc.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property
Management, Facilities Management Department
Packet Page-524-
2/10/2015 16.E.3.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to approve a Lease Agreement with Interfaith Action of
Southwest Florida, Inc. to utilize a location on a county-owned communications tower in
Immokalee.
Meeting Date: 2/10/2015
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities Management
1/20/2015 12:27:57 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities Management
Name: DowlingMichael
1/20/2015 12:27:59 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant, Administrative Services Division
Date: 1/20/2015 2:29:49 PM
Name: Mott Toni
Title: Manager-Property Acquisition &Const M,Facilities Management
Date: 1/20/2015 2:33:18 PM
Name: LinguidiDennis
Title: Manager-Facilities,Facilities Management
Date: 1/20/2015 2:35:52 PM
Name: DalyJohn
Title: Manager-Telecommunications, Information Technology
Date: 1/20/2015 2:36:01 PM
Packet Page -525-
2/10/2015 16.E.3.
Name: PriceLen
Title: Administrator-Administrative Services,Administrative Services Division
Date: 1/29/2015 1:01:22 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 1/29/2015 3:14:01 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 1/30/2015 9:54:30 AM
Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 2/2/2015 11:41:45 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/2/2015 3:21:57 PM
Packet Page -526-
2/10/2015 16.E.3.
Lease: alT-130
LEASE AGREEMENT
THIS LEASE AGREEMENT ('Lease') entered into this day of . 2015.
between INTERFAITH ACTION OF SOUTHWEST FLORIDA, INC.. a not for profit Florida corporation.
whose mailing address is 110 South 2"4 Street, Immokalee, Florida 34142. 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 Manaaement, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to
as "LESSOR".
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE I. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR one (I) location on the
County-owned communications tower located at 312 Stockade Road. Immokalee, Florida, at a maximum height
of One Hundred Twenty-five (125) feet above-around, in order to install two (2) bay FM antenna with EDF 4-
1/2" coax and a parabolic dish not to exceed three feet in diameter along with Ethernet cable, and supporting
equipment to be installed within the LESSOR'S ground-level equipment shelter. All improvements shall be
approved by LESSOR applying the terms contained in Article 5 of this Lease, hereinafter referred to as
-Demised Premises.- LESSEE shall be required to access the equipment shelter accompanied by LESSOR'S
agent.
LESSEE shall he permitted access. throughout the life of this Lease, along the"Access Road,"as shown
on the attached Exhibit 'A' in order to access the Demised Premises.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5)years commencing on the date
this Lease is executed by LESSOR, and shall automatically renew for two (2) separate terms of five (5) years
each, provided LESSEE is not then in default of any of the provisions of this Lease, under the same terms and
conditions, as provided herein, except as to the rental amount, as provided in Article 3 below.
Both LESSEE and LESSOR w ill be allowed to terminate this Lease by providing the other party with
thirty (30) day written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR.
LESSEE shall he granted an additional sixty(60) days from the aforementioned thirty (30) day notice period, if
required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises,
In addition, LESSEE covenants and agrees not to use, occupy, stiffer or permit said Demised Premises
or an part thereof to be used or occupied for an purpose that is not authorized by this Lease or is contrary to
law or rules or regulations of any public authority having jurisdiction over the Demised Premises.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One
Thousand Dollars (S1,000.00) per annum to he paid in full within thirty (30) days from the execution of this
Lease by the LESSOR. The rental amount includes the charge for LESSEE'S electrical use. in which LESSOR
shall pay.
Hie rental amount for the renewal terms shall be $1,030 for years 6 through 10. and $1.061 for years 11
through 15.
CD
Packet Page -527-
2Y10/2015 16.E.3.
ARTICLE 1. This section left blank intentionally.
ARTICLE 5. Modifications to Demised Premises
Prior to making any chances, alterations, additions or improvements to the Demised Premises, LESSEE
must 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. and in meaningful dcooU, 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 sixn (60) days, there has been no response from LESSOR or its designee to said
proposals or plans, then such silence shall he deemed as a DENIAL to such request to LESSEE.
LESSEE covenants and agrees in connections with any maintenance, repair work.erection, construction,
improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised
Prrmiscs, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and
requirements of the United States of /\mrricu. State of Florida, County of Collier, and any and all other
governmental agencies hurinsub\ut matter jurisdiction.
All alterations, improvements and additions made to the Demised Premises shall be deemed the property
of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days
thereafter, 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.
ARTICLE 6. Access to Demised Premises
LESSOR. its duly authorized ogcnn, representatives and emp|oyrru, shall have the right to enter into
and upon the Demised Premises or any part thereof at any time for the purpose of examining the Demised
Premises for the purposes of inspection for compliance with the provisions of this Lease. During times of
emergency repair or maintenance. LESSEE shall be gonted immediate access by requesting LESSOR'S agent
of same.
ARTICLE 7. Assignment and Subletting
LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises,
or |.c,mi, an other persons to occupy same without the expressed prior 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 he hound by the tcrnu,
conditions and covenants of this Lease unless a novation is expressly uttrecd to by LESSOR. The acceptance of
rent from any other person shall riot he deemed to he a waiver of any of the provisions ol'this I'ease or to he a
consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null
and void.
ARTICLE X. Indemnity
LESSEE shall indemnify, deKnd and hold harmless LESSURL its ugenm and employees from and
ogxinu any and all liability (statutory or n«hon'sc), damages, claims, suits, demands,judgments, coms, interest
and expenses (including, but no 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
Packet Page -528- `~~
2/10/2015 16.E.3.
whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) bv or
on behalf of LESSEE in or about the Demised Premises, (C) an ' condition of the Demised Premises due to or
resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease or
otherwise. or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants,
licensees or invitees. In case an action or proceeding is brought against LESSOR by reason of any one 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 damages to or loss of, including loss due to petty theft of 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.
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies),
approved by the Collier County Risk Management Department, for not less than Five Hundred Thousand
Dollars and No/Cents (S500,000.00) combined single limits 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 No/I00 Cents (5100,000.00)
each accident.
Such insurance policy(ies) shall list and continuously maintain Collier County as an additional insured thereon.
Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3311 East
Tamiami Trail, Naples, Florida, 34 112, for approval prior to the commencement of this Lease; and shall include
a provision requiring not less than ten (10) days prior written notice to Collier County clo County Risk
Management Department in the event of cancellation or changes in policy(ies) coverage. 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 i O. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said
Demised Premises are not kept clean in the opinion of LESSOR, LESSEE will be so advised in ■Yriting. If
corrective action is not taken within ten (10) days of the receipt of such notice. LESSOR may cause the same to
he cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs
shall constitute additional rent whieh shall he paid by LESSEE within ten (10) days of receipt of written notice
of costs incurred by LESSOR.
LESSEE, at its sole cosi. shall repair all damage to the Demised Premises caused by LESSEE, its
emploYees, agents, independent contractors, .tuests, invitees. licensees,or patrons.
LESSEE., at its sole cost, shall remove from the Demised Premises in accordance with all applicable
rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature
whatsoever which accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and
refuse shall be stored in closed containers approved by the LESSOR.
3
Packet Page -529-
2/10/2015 16.E.3.
ARTICLE, II. Default by LESSEE
Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of
default in thirty (30) days with any provision or covenant of this Lease shall constitute a default whereby
LESSOR may. at its option, terminate this Lease by giving LESSEE thirty(30) days written notice to vacate the
Demised Premises unless the default is fully cured within that thirty (30) day notice period (or such LESSOR
approved additional time as is reasonably required to correct such default). However, the occurrence of any of
the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by
LESSOR except to the extent then prohibited by law:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(h) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR
pursuant to the terms of this Lease.
(c) Filing of insolvency. reorganization, plan or arrangement of bankruptcy.
(d) Adjudication as bankrupt.
(c) Making of a general assignment of the benefit of creditors.
(0 If LESSEE suffers this Lease to be taken under any writ of execution.
In the event of the occurrence of any of the foregoing defaults in this Article 11, LESSOR, in addition to
any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and
property from the Demised Premises. Such property may be removed and stored in a public warehouse or
elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process
and without being deemed guilty of trespass. or being liable for any loss or damage which may be occasioned
therek.
The LESSOR may' at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice
in writing if a lien is filed against the leasehold interest of the LESSEE, and is not removed within thirty (30)
days, pursuant to the Florida Mechanics I.ien Law or otherwise.
If LESSEE fails to pay, when due. an rental payment, or any other sum payable to LESSOR under this
Lease, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay
LESSOR a late payment charge equal to five (5) percent of any payment not paid promptly when due. Any
amounts not paid promptly when due shall also accrue simple interest of one and one half(11/0 percent per
month or the hiehest interest rate then allowed by Florida law, whichever is higher, which interest shall he paid
by LESSEE to LESSOR.
ARTICLE 12. Default by LESSOR
LESSOR shall in no event be eitareed 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 written notice to LESSOR by
LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such
obligations.
4
......
Packet Page -530-
2/10/2015 16.E.3.
ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to tzive to the other party shall be in writing
delivered to the other party at the following addresses, or changes thereto which have been notified to the other
party:
LESSOR: LESSEE:
Board of County Commissioners Interfaith Action of Southwest Florida, Inc.
clo Real Property Management 110 South 2"d Street
3335 Tamiami Trail East, Suite 101 lmmokalee, Florida 34142
Administration Building
Naples, Florida 34112 Attention: Director
Copy to: Radio Communications Manager
ARTICLE 14. Surrender of Premises
Unless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed by
LESSEE or authori7.ed by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to
LESSOR possession of the Demised Premises and any improvements not removed upon expiration 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 15.General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other
business or agency situated in Collier County, and acknowledges that any special security measures deemed
necessary for additional protection of the Demised Premises shall he the sole responsibility and cost of LESSEE
and shall involve no cost or expense to LESSOR.
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 or otherwise.
(a) Rights not specifically granted the LESSEE by this Lease arc hereby reserved to the LESSOR.
(b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the
Demised Premises to the extent applicable under law.
tie) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may he
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.
AlmcLE 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 harm to the environment.
5
Packet Page -531-
2/10/2015 16.E.3.
ARTICLE 17. Interference
LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation
and maintenance will:
A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto.
13. Not interfere with the operation of LESSOR or LESSOR'S tenants' or future tenants' radio equipment on
this tower and/or surrounding towers. In the event there is interference by LESSEE, LESSEE will
promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If
LESSEE is unable to eliminate such interference caused by it within a reasonable period of time, LESSEE
agrees to remove all items causing the interference from LESSOR'S property and this Lease shall
terminate as to all removed items. •
C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system.
D. Comply with all applicable rules and regulations of the Federal Communications Commission and
electrical codes of the City and/or State concerned.
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 unit.
;ARTICLE 19. Extent of liens
All persons to ‘N horn these presents may come are put upon notice that no interest of the LESSOR in the
Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for
improvements made by the LESSEE arc 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. Effec tive Date
This I.ease shall become effective upon execution by both LESSOR and LESSEE.
:ARTICLE 21. Clover-16'w Law
This I.ease shall he governed by and construed in accordance with the laws of the State of Florida.
6
Packet Page -532-
2/10/2015 16.E.3.
IN WITNESS WI ILREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO LESSEE: INTERFAITH ACTION OF SOUTHWEST FLORIDA, INC.,
DATED: a not for profit Florida corporation
BY:
WITNESS (signature) ELENA R. STEIN,Co-Director
(print name)
WITNESS (signature)
(print name)
AS TO TI IF LESSOR:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA
13 Y:
Deputy Clerk TIM NANCE, Chairman
Approved as to Conn and leplity:
Jennifer A. Relpedio, Assistant Count). Attorney
Packet Page -533-
15 16.E.3.
2/10/20
Exhibit `A'
Stockade Road
loida Immo
'gym
�� `� xut � �A kalee, F , �s 1„•°t�
Y.T
$kw y a ''r a n X...., ,,.. ,...... .,...,, ,:-0,,,,
7�+ � I y'1# ` fi .•v p ha�s }?gy w. ..„ ," CJ,bg` f t - .ri 4 Y `�.� w ., f sri v - ` R g ffi ".,01 ma 5 ,,,,F;:-..„..„4., .,, , . ‘ ,,Packet Page -534-