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Agenda 07/07/2015 Item #16E57/7/2015 16.E.5. EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with North Collier Fire District for EMS Department use of Station 48 with no annual rent and shared utility expenses. OBJECTIVE: To improve response times and system performance in the North Naples area. CONSIDERATIONS: In order to improve EMS response time within North Naples, North Collier Fire District has agreed to allow EMS to lease portions of North Collier Fire District's Station 48 on Livingston Road. The EMS department area will include one (1) apparatus bay, two (2) bunks, along with shared space consisting of kitchen, office area, dining area, day room, fitness area and restrooms with shower facilities. The lease term will be for one year. The County will be responsible to pay forty (40) percent of utilities expenses; sewer, water and electricity. The County or North Collier can terminate the Lease at any time by providing 90 days written notice. The attached Lease has been reviewed and approved by the EMS Department and the Office of the County Attorney. This ambulance will move to Station 76 on Vanderbilt Beach Rd and Logan Blvd when construction is complete. FISCAL IMPACT: Annual cost of utilities anticipated not to exceed $4,000. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to execute the attached Lease Agreement on behalf of the Board. Prepared By: Walter Kopka, Chief, Emergency Medical Services Attachments: North Collier Fire District Station 48 Lease Agreement Packet Page -1961- 7/7/2015 16.E.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.5. Item Summary: Recommendation to approve a Lease Agreement with North Collier Fire District for EMS Departments use of Station 48 with no annual rent. Meeting Date: 7/7/2015 Prepared By Name: FrancoMaria Title: Administrative Assistant, Administrative Services Department 6/16/2015 8:53:23 AM Approved By Name: pochopinpat Title: Administrative Assistant, Administrative Services Department Date: 6/16/2015 9:16:10 AM Name: KopkaWalter Title: Chief - Emergency Medical Services, Administrative Services Department Date: 6/16/2015 9:58:19 AM Name: PriceLen Title: Department Head - Administrative Svc, Administrative Services Department Date: 6/19/201.5 12:06:29 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/22/2015 4:05:25 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/22/2015 4:41:35 PM Name: IsacksonMark Title: Division Director - Corp Fin & Mgmt Svc, Office of Management & Budget Date: 6/23/2015 11:45:40 AM Packet Page -1962- 7/7/2015 16.E.5. Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/24/2015 2:50:46 PM Packet Page -1963- Lease # LEASE AGREEMENT 7/7/2015 16.E.5. THIS LEASE AGREEMENT entered into this day of , 2015, between North Collier Fire District, an Independent Special District of the County of Collier, State of Florida, created under Chapter 61 -2032, Laws of Florida, and its successors, whose mailing address is 1885 Veterans Park Dr, Naples Fl 34109, hereinafter referred to as "LESSOR ", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3299 East Tamiami Trail, Naples, Florida 34112, hereinafter referred as "LESSEE ". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR one (1) apparatus bay, two (2) bunk rooms, hereinafter referred to as the "EMS Department Area ". The kitchen, office area, dining area, day room, fitness area and male and female restrooms with shower facilities shall be shared by LESSEE and LESSOR, hereinafter referred to as "Shared Area ". Both the EMS Department Area and Shared Area shall collectively be referred to as the "Demised Premises," located at 16280 Livingston Rd, Fire Station Number 48, for the sole purpose of operating an emergency medical service facility. LESSOR has the right to change the Demised Premises in order to accommodate the future needs of the LESSOR'S operation. However, if the LESSEE'S Demised Premises are changed, LESSOR agrees to provide LESSEE with accommodations equal to or better than those modified in order for LESSEE to continue its operations at this location. ARTICLE 2. "Term of Lease LESSEE shall have and hold the Demised Premises for a term of one (1) year, commencing on July 1, 2015. Thereafter, the Lease shall be automatically extend upon the same terms and conditions contained herein on a month to month basis. The LESSEE or LESSOR may terminate this Lease, with or without cause, upon ninety (90) days prior written notice of such termination to the other party at the address set forth in ARTICLE 13 of this Lease. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. The Lease term is contingent upon the LESSOR'S continued ownership and occupancy of the Demised Premises. ARTICLE 3. Rent There shall be no rental payments. Packet Page -1964- 7/7/2015 16.E.5. ARTICLE 4. Utilities LESSEE shall utilize the existing utilities presently utilized by LESSOR at the Demised Premises, such as, but not limited to, sewer, water and electricity. In lieu of rent a pro rata share of utilities and incidental expenses, LESSEE agrees to pay forty (40) percent of utility expenses; sewer, water and electricity. LESSOR shall provide LESSEE with a monthly invoice related to the aforementioned expenses, which shall then be paid by LESSEE to LESSOR within thirty days from the date of the invoice. LESSOR shall not be liable for any failure of water supply or electric current Qr any service by any utility, nor for injury or damage to person (including death) or property caused by or resulting from such failure or from steam, gas, electricity, water, or rain, which may flood or leak from any part of the Demised Premises. ARTICLE 5. Default by Lessee Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a default, and "cause" to terminate, whereby LESSOR may, at its option, terminate this Lease for such cause after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). ARTICLE 6. 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 thirty (30) 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 thirty (30) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as an approval to such request of 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, regulation, 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. Those items not attached to the leasehold, such as EMS/ Lessee's equipment may be removed. 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 which are designated in said notice, 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. 2 �r Packet Page -196S- 7/7/2015 16.E.5. 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 7. 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 same and making repairs or janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. ARTICLE 8. 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 attempt shall be void ab initio. 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 9. Indemnity LESSEE shall indemnify and save harmless the LESSOR from and against any and all claims, actions and suits, and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which LESSEE may sustain or incur due to the sole negligent act or negligent omission of LESSOR. LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims, actions and suits, and from and against any and all losses, damages, costs, charges, reasonable attorneys' fees, payments, expenses and liabilities which LESSEE may sustain or incur due to the sole negligent act or negligent omission of LESSOR. Nothing within this ARTICLE shall alter or waive the provisions of Florida Statutes Chapter 768.28 or the limitations of liability contained therein. ARTICLE 10. Insurance LESSEE shall take out and maintain during the course of this Lease, or any renewal thereof, comprehensive general liability coverage including bodily injury and property damage, premises and operations coverage, products and completed operations coverage, broad form property damage coverage, automobile liability coverage including owned automobiles, non -owned automobiles and hired automobiles and contractual liability coverage in an amount of not less than One Million and 001100 Dollars ($1,000,000.00) combined single limits. If LESSEE falls under the State of Florida Worker's Compensation Law, coverage shall be provided for all employees. The coverage shall be for statutory limits in compliance with the applicable State and Federal laws. The policy must include Employer's Liability with a limit of One Hundred Thousand and 00 /100 Dollars ($100,000.00) each accident. Packet Page -1966- G , 7/7/2015 16.E.5. ARTICLE 11. Maintenance and Repairs LESSEE shall, at its sole cost and expense, keep the demised EMS Department Area clean at all times. If said EMS Department Area is not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within ten (10) days of the receipt of such notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE shall repair all damage to the demised EMS Department Area caused by LESSEE, it employees, agents, independent contractors, guests, invitees, licensees or patrons. LESSOR shall be responsible for all repairs and maintenance to the structure and utilities. 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: LESSEE: Board of County Commissioners c/o Real Property Mgmt. Dept. 3329 Tamiami Trail East Administration Building Naples, Florida 34112 cc: Office of the County Attorney Emergency Medical Services Chief Real Property Management Leasing Agent ARTICLE 14. Surrender of Premises LESSOR: North Collier Fire District 1885 Veterans Park Dr Naples, Florida 34108 Attention: Commission Chairman cc: Fire Chief LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the EMS Department Area and any improvements to the EMS Department Area 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 excepted. ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in Collier County, and LESSOR acknowledges that any special security measures Packet Page -1967- 7/7/2015 16.E.5. deemed necessary for additional protection of the Demised Premises shall be 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. ARTICLE 16. 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 17. Effective Date This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 18. Governing Law This Lease Agreement shall be governed and construed in accordance with the laws of the State of Florida. Signatures appear on the following page. 5 Packet Page -1968- 1� 7/7/2015 16.E.5. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk AS TO THE LESSOR: DATED: ATTEST: Sucretary WITNESS (signature) Fee"Idv"t'6- print name WITNESS (signature) print name Approved as to form and legality: (b Jeff 10atzkow, County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Tim Nance, Chairman NORTH C Packet Page -1969- DISTRICT f—