Agenda 04/22/2014 Item #16E6 4/22/2014 16.E.6.
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with East Naples Fire Control and Rescue District
for EMS Department's use of Station 20.
OBJECTIVE: To implement Board approved plans to improve response times and system
performance in the East Naples area.
CONSIDERATIONS: In order to improve EMS response time within East Naples,East Naples
Fire District has agreed to allow EMS to lease portions of Station 20. The EMS department area
will include one (1) apparatus bay and two (2) bunks, along with shared space consisting of
kitchen, office area, dining area, day room, fitness area and male and female restrooms with
shower facilities.
The lease term will be for five years commencing May 1, 2014, with five automatic five-year
renewals. The County will be responsible to pay forty (40) percent of utilities expenses,
water/sewer, electric, gas, cable/internet service, telephone, waste collection and yard
maintenance. The County can terminate the Lease at any time by providing East Naples with 90
days prior written notice.
Utilizing or sharing neighboring jurisdictions'existing fire station facilities eliminates the costs
associated with purchasing land, constructing buildings, and maintaining property and related
improvements.
The attached Lease has been reviewed and approved by the EMS Department and the Office of
the County Attorney.
FISCAL IMPACT: Annual cost of utilities anticipated not to exceed $4,000 and will be paid
from EMS Fund 490. Sufficient funding is available for the current fiscal year, therefore no
budget amendment is needed.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item was reviewed by the County Attorney, is approved
as to form and legality, and requires majority approval by the Board. -JAK
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: Maria Franco,Administrative Assistant,EMS
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.6
Item Summary: Recommendation to approve a Lease Agreement with East Naples Fire Control
and Rescue District for EMS Department's use of Station 20.
Meeting Date: 4/22/2014
Prepared By
Name: bayartie
Title: Supervisor-Accounting,EMS Operations
Approved By
Name: kopka_w
Title: Chief-Emergency Medical Services,EMS Operations
Date: 02/18/2014 01:21:29 PM
Name: summersdan
Title: Director-Bureau of Emergency Services,Bureau of Emergency Services
Date 04/14/2014 10:53:25 AM:
Name: pochopin p
Title: Administrative Assistant,Administrative Services Division
Date: 04/14/2014 11:40:36 AM
Name: PriceLen
Title: Administrator-Administrative Services,Administrative Services Division
Date: 04/15/2014 02:36:04 PM
Name: sherrykimble
Title: Management/Budget Analyst, Senior, Office of Manag
Date 04/15/2014 05:50:39 PM:
Name: klatzkowjeff
Title: County Attorney,
Date: 04/16/2014 08:29:53 AM
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Name: ochs_1
Title: County Manager, County Managers Office
Date: 04/16/2014 09:20:19 AM
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Lease#
.-� LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of
, 2014, between East Naples Fire Control and Rescue 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 14575 Collier Blvd, Naples
Fl 34119, 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) bunks, 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 4798 Davis Blvd, Naples, Florida 34104, Fire Station Number
20, 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 five (5) years,
commencing on May 1, 2014. Thereafter, the Lease shall be automatically extend upon the same
terms and conditions contained herein on each fifth anniversary for a total of five (5) additional
five (5)year terms.
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.
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ARTICLE 3. Rent ��I
There shall be no rental payments.
ARTICLE 4. Utilities and Incidental Expenses
LESSEE shall utilize the existing utilities presently utilized by LESSOR at the Demised
Premises, such as, but not limited to, septic or sewer, water, including potable water, electricity,
telephone,janitorial service, gardening and outdoor maintenance. In lieu of rent a pro rata share
of utilities and incidental expenses, LESSEE agrees to pay forty (40) percent of utility expenses;
water/ sewer, electric, gas, cable/ internet service, telephone, waste collection and yard
maintenance. 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 or 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.
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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 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.
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 LESSOR may sustain or
incur due to the sole negligent act or negligent omission of LESSEE.
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.
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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 00/100 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.
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: LESSOR:
Board of County Commissioners East Naples Fire Control and Rescue District
c/o Real Property Mgmt. Dept. 14575 Collier Blvd
3329 Tamiami Trail East Naples, Florida 34119
Administration Building Attention: Commission Chairman
Naples, Florida 34112 cc: Fire Chief
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cc: Office of the County Attorney
Emergency Medical Services Chief
Real Property Management Leasing Agent
ARTICLE 14. Surrender of Premises
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 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.
LESSOR grants LESSEE approval for placement of signage at all entry and exit points of
the East Naples Fire Station, subject to LESSEE'S sign ordinance.
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.
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IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO LESSEE:
Date:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TOM HENNING, CHAIRMAN
AS TO THE LESSOR:
Date: EAST NAPLES FIRE CONTROL AND
RESCUE DISTRICT
ATTEST:
By: By:
, Secretary , Chairman
(Witness Signature)
(Witness Printed Name)
(Witness Signature)
(Witness Printed Name)
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
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