Agenda 06/10/2014 Item #16E 7 6/10/2014 16.E.7.
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with Golden Gate Fire Control and Rescue
District for Golden Gate Fire Departments use of EMS Station 75 with no annual rent.
OBJECTIVE: To share resources with Golden Gate Fire Control and Rescue District for
improved service.
CONSIDERATIONS: EMS has agreed to allow Golden Gate Fire District to lease portions of
EMS Station 75 recently vacated as part of the service level improvements approved by the BCC
in January 2014. The Fire 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
restrooms with shower facilities.
The lease term will be for five years commencing July 1, 2014, with five automatic five-year
renewals. The Golden Gate Fire Golden Gate Fire District 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
Golden Gate Fire with 90 days prior written notice.
Utilizing or sharing neighboring jurisdictions' facilities improves coordinated service to the
public and reduces duplicative costs.
The attached Lease has been reviewed and approved by the EMS Department and the Office of
the County Attorney.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
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
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
Attachments:EMS Station 75 Lease
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.7.
Item Summary: Recommendation to approve a Lease Agreement with Golden Gate Fire
Control and Rescue District for Golden Gate Fire Departments use of EMS Station 75 with no
annual rent.
Meeting Date: 6/10/2014
Prepared By
Name: FrancoMaria
Title:Administrative Assistant,EMS Operations
5/20/2014 10:55:33 AM
Approved By
Name: KopkaWalter
Title: Chief-Emergency Medical Services,EMS Operations
Date: 5/20/2014 11:11:19 AM
Name: SummersDan
Title:Director-Bureau of Emergency Services,Bureau of Emergency Services
Date: 5/20/2014 2:38:22 PM
Name: pochopinpat
Title:Administrative Assistant,Administrative Services Division
Date:5/20/2014 3:59:20 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/20/2014 4:17:19 PM
Name:PriceLen
Title:Administrator-Administrative Services,Administrative Services Division
Date: 5/29/2014 8:58:58 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 5/29/2014 3:22:44 PM
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Name: KimbleSherry
Title: Management/Budget Analyst, Senior, Office of Management&Budget
Date: 5/30/2014 12:29:23 PM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 6/1/2014 4:01:51 PM
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Lease#
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of
2014, between Collier County, a political subdivision of the State of Florida, whose mailing address is
3299 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR", and Golden
Gate 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 potential successor, the Greater
Naples Fire and Rescue District, whose mailing address is 14575 Collier Blvd, Naples Fl 34119,
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 "Golden Gate Department Area". The kitchen, office
area, dining area, day room, fitness area and restrooms with shower facilities shall be shared by
LESSEE and LESSOR, hereinafter referred to as "Shared Area". Both the Golden Gate Department
Area and Shared Area shall collectively be referred to as the "Demised Premises," located at 4590
Santa Barbara Blvd, Naples, Florida 34104, EMS Station 75, 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
June 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.
ARTICLE 3. Rent
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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.
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
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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.
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
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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 Golden Gate Department Area
clean at all times. If said Golden Gate 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 Golden Gate 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:
Golden Gate Fire Control and Rescue District Board of County Commissioners
14575 Collier Blvd Administration Building
Naples,Florida 34119 do Real Property Mgmt. Dept.
3329 Tamiami Trail East
Attention: Fire Chief Naples,Florida 34112
Attention: Commission Chairman
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 Golden
Gate Department Area and any improvements to the Golden Gate Department Area upon expiration of
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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 EMS
Station 75, 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.
Signatures appear on the following page.
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IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DATED:
BOARD OF COUNTY COMMISSIONERS,
ATTEST: COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
BY: BY:
Deputy Clerk TOM HENNING, Chairman
AS TO THE LESSOR:
DATED: GOLDEN GATE FIRE CONTROL AND
RESCUE DISTRICT
ATTEST:
BY:
Secretary Commission Chairman -'''■
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Or." S (signature)
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Approved and legality:
Jeff Klatzko,v! ounty Attorney
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