Agenda 06/22/2010 Item #16E 6
Agenda Item No. 16E6
June 22, 2010
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with Aversana at Hammock Bay
for the installation and operation of County-owned communications equipment at
a first year's rent of $600.
OBJECTIVE: Approve a Lease Agreement with Aversana at Hammock Bay for the installation
and operation of County-owned communications equipment.
CONSIDERATIONS: The County requires antenna and related equipment space located at
1060 Borghese Lane, Naples. This equipment will be installed upon the rooftop at Aversana at
Hammock Bay for a VHF transmitter to be used for backup for Fire/EMS communications and
for an 800 MHz receiver for the SafePoint radio locator system. The SafePoint locator system
provides the location of any mobile or portable radio which is operating on the 800 MHz network
through a network of receivers.
The initial lease term shall be for five (5) years. The Lease contains a provision for the County
to continue the lease for two (2) separate terms of five (5) years each, provided it is not in
default of any of the terms of the Lease. The parties may terminate the Lease, at any time, with
or without cause, by providing the other party with thirty day written notice.
The landlord will provide electricity to the County's equipment. The County will compensate the
landlord with annual rent in the amount of $600 as reimbursement for the utility charges.
Following the first year of rent, the annual rent may be increased based on any increases for
electricity usage by the County. The County has utilized the site since March 1, 2010 for testing
purposes. Though there is not an executed Lease Agreement during that time, the County will
be required to reimburse Aversana for the months the property was occupied.
FISCAL IMPACT: Funds for the first year's annual rent of $600, and the rent for the months the
County utilized the properly for testing as well as the rent throughout the lease, are available
within the 800 MHz Radio System Fund (188).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan,
LEGAL CONSIDERATIONS: The proposed Lease Agreement is legally sufficient for Board
action. - JBW
RECOMMENDATION: That the Board approves the Lease Agreement with Aversana at
Hammock Bay, and authorizes its Chairman to execute same.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Properly
Management, Facilities Management Department
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16E6
June 22, 2010
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E6
Recommendation to approve a Lease Agreement with Aversana at Hammock Bay for the
installation and operation of County-owned communications equipment at a first years rent of
$600,
6/22/20109:00':00 AM
Prepared By
Michael H. Dowling
Administrative Services
Division
Property Management Specialist. Senior
Date
Facilities Management
613/20101:21:52 PM
Approved By
Toni A. Matt
Administrative Services
Division
Manager - Property Acquisition & Const
M
Date
Facilities Management
6/4/201010:06 AM
Approved By
John J, Daly
Administrative Services
Division
Manager - Telecommunications
Date
Information Technology
6/4/20103:18 PM
Approved By
Skip Camp, C,F,M,
Administrative Services
Division
Director ~ Facilities Management
Date
Facilities Management
6/8/20108:08 AM
Approved By
Jennifer White
County Attorney
Assistant County Attorney
Date
County Attorney
618/201011:23 AM
Approved By
Len Golden Price
Administrative Services
Division
Administrator - Administrative Services
Date
Administrative Services Division
6/8/20102:34 PM
Approved By
OMS Coordinator
County Manager's Office
Date
Office of Management & Budget
619/20103:40 PM
Approved By
Jeff Klatzkow
County Attorney
Date
Approved By
6/1012010 9:42 AM
Therese Stanley
Office of Management &
Budget
Agenda Item No, 16E6
June 22, 2010
Page 3 of 8
Manager - Operations Support - Trans
Date
Office of Management & Budget
6111120104:55 PM
Approved By
Leo E. Ochs, Jr.
County Managers Office
County Manager
Date
County Managers Office
6111120107:01 PM
LEASE AGREEMENT
Agenda Item No, 1'6
Lease # June 22, 2 10
Page 4 f 8
I
THIS LEASE AGREEMENT entered into this _ day of ,2010, between
Aversana at Hammock Bay, a Florida corporation, whose mailing address is 1060 Borghese Lane., Naples,
Florida 34114, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of the
State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, F]orida 34112, hereinafter referred
to as "LESSEE."
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE t. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR rooftop spaee located at
Aversana at Hammock Bay, ]060 Borghese Lane, Naples, Florida, along with additional equipment space
further described below, hereinafter referred to as the following" Demised Premises," situated in the County of
Collier and the State of Florida:
A. Rooftop mounting space for communication system antennas.
B. Ten square feet of interior space for an equipment cabinet, further described in as the 4'electrical
closet" penthouse level service hallway, hereinafter called the "Demised Premises."
ARTICLE 2. Term of Lease
LESSEE shall have and bold the Demised Premises for a term of five (5) years commencing on the date
in which the LESSEE executes this Lease. LESSEE is granted two (2) separate options, provided it is not then
in default of any of the provisions of this Lease, to renew same for two (2) additional terms of five (5) years
each under the same terms and conditions, as provided herein, except as to the rental amount, as provided
herein, by giving written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than
thirty (30) days prior to the expiration of the leasehold estate hereby created or the renewal term then in effect.
Said notice shall be effective upon actual receipt by LESSOR.
Both LESSEE and LESSOR will be allowed to tenninate 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 be 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. suffer or permit said Demised Premises or
any part thereof to be used or occupied for any 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, as compensation for the
provision of electrical service, tbe sum of Six Hundred Dollars ($600) annually due on the first of each month
following LESSOR'S execution of this Lease, at the address for LESSOR set forth in Article 13 of this Lease,
LESSEE agrees to increase the annual payment to equal actual usage of electricity upon documentation from
LESSOR that electricity usage during prior twelve month period exceeded $600.
ARTICLE 4. Other Expenses and Charges
LESSEE shall pay any utility charges applicable to the Demised Premises, with the exception of
electrkity, which shall bc provided by LESSOR, in exchange for payments established in Article 3 of this
Lease.
Agenda Item No, 1 E6
ARTICLE 5, Modifications to Demised Premises June 22, 2 10
Page 5 f 8
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE
milst provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the
DI~mised Premises for LESSOR'S 'A-Titten approval, specifYing in writing, and in meaningful detail, 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 v.'thing said request for changes, improvements, alterations or additions. LESSOR shall not
W1reasonably withhold its consent to required or appropriate alterations, improvements, ~hanges or additions
proposed by LESSEE. If after sixty (60) days, there has been no response from LESSOR or its designee to said
pn..'posals 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, ordinance, rules, regulations, and
requirements of the United Sates of America, State of Florida, County of Collier, and any and all other
governmental agencies having subject matter jurisdiction.
All alterations, improvements and additions made to the Demised Premises shall be deemed the property
of LESSEE. Prior to the tennination 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
Lessee, its duly authorized agents, representatives and employees, shall have the right after reasonable
notice to LESSOR, 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 janitorial service therein, and for the
purposes of inspection for compliance with the provisions of this Lease Agreement. During times of emergency
repaIr or maintenance, LESSEE shall be granted immediate access by requesting LESSOR'S agent of same.
AR T1CLE 7. Assignment and Subletting
LESSEE shall not assign this Lease or attempt to sublet the \\,hole or any part orlhc Dcmis~d Premises, or
pennit any other persons to occupy same witham 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 be bound by the terms, +
conriitions and covenants of this Lease unless a novation is expressly agreed to by LESSOR. 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. Any such attempt shall be null
and void.
ARTICLE 8, Indemnity
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged,
LE~SEE shall indemnify. defend and hold harmless LESSOR, its agents and employees from and against any
and aU liability (statutory or othervrisc), damages, claims, suits, demands, judgments, costs, 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 10 (A) LESSEE'S use of the Demised Premises, (8) any work or thing
whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or
on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or
resulling from any default by LESSEE in tbe performance or LESSEE'S obligations under this Lease or
othe:-wise, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants,
licensees or invitees. In ca<;e any action or proceeding is brought against LESSOR by reason of anyone or more
therroL LESSEE shall pay all costs, attomc.-:ys' fees. expenses and liabilities resulting therefrom and shall defend
sucl~ action or proceeding if LESSOR shall so request. at LESSEE'S expense, by counsel reasonably satisfactory
to I.ESSOR,
The LESSOR shall not be liable for uny damages 10 or Joss of, including loss due to petty theft, any
properly, occurring on the Demised Premises or any part thereof. and the LESSEE agrees to hold the LESSOR
ha':":~11ess from any claims for damages, exc.ept where such damage or injury is the result of the gross negligence
or wjllful misconduct of the LESSOR or its employees.
Agenda Item No, 1 6
ARTICLE 9, Insurance June 22, 2 10
Page 6 f 8
Subject to limitations of Section 768,28, Florida Statutes, LESSEE shall, at it's expense maintain in force
during the term of this lease, a combined single limit policy of bodily injury and property damage insurance,
with a limit of not less than $1,000,000,00 insuring LESSOR and LESSEE against atlliability arising of use,
occupancy. or maintenance of the Demised Premises and appurtenant areas, which policy shall be endorsed as
an additional insured as to LESSOR.
ARTICLE 10, Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times, including the
removal of all solid, liquid, semisolid and gaseous trash and waste. If said Demised Premises are not kept clean
in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten
(I Q) days of the receipt of such notice, LESSOR may canse the same to be cleaned and corrected and LESSEE
shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall
be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR.
LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its
employees, agents, independent contractors, guests, invitees, licensees, or patrons.
ARTICLE II. Default bv LESSEE
Not withstanding anything in the Lease to the Contrnry, LESSEE shall not be in delimit under this Lease
until:
A. Failure to pay rent or other sums due under this Lease, fifteen (15) days after notice of default.
B. In the case of any other default, thirty (30) days after receipt of written notice thereof of from
LESSOR; provided, however. where any such default cannot reasonably he cured within thirty (30)
days, LESSEE shatt not be deemed to be in default under the lease if LESSEE commences to cure
such default within said thirty (30) day period and thereafter diligently pursues such cure to
completion, but in no event more then sixty (60) days after receipt of such notice.
ARTICLE 12, Default bv LESSOR
LESSOR shall in no event be charged with default in the performance of any of its obtigations hereunder
un!~ss and until LESSOR shall have failed to perfom1 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.
All. TICLE 13, Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in "7iting
delivered to the other party at the following addresses, or changes thereto \i\'hich have been notified to the other
part)':
LESSEE:
Board of County Commissioners
c/o Real Estate Services Department
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
L.ESSOR:
A versana at Hammock Bay
1 060 Borghese Lane
Naples, Florida 34114
Attention: Building Manager
Cr:-.py to: Telecommunications Manager
AR.-~ICLE ]4. Surrender of Premises
Unless LESSEOR agrees otherwise in writing, LESSEE shall remove any improvements installed by
LESSEE or authorized 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
Leas!'.'. 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 tenn 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
excemed.
Agenda Item No, 11E6
ARTICLE 15. Environmcntat Concerns June 22, 2 10
Page 7 f 8
LESSEE represents. warrants and agrees to indemnifY, reimburse, defend and hold harmtess 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.
ARTICLE] 6, Interfercnce
LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and
maintenance will:
A, Not irreparably damage lbe LESSOR'S structure and accessories thereto,
B. Not interfere with the operation and maintenance of any of the LESSOR's systems or create a nuisance for
LESSOR or residents.
C. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical
codes of the City and/or State concerned.
D. Subsequent to the effective date of this Lease, LESSOR will not grant a similar rental agreement for any
radio communication facility if such grant would in any way interfere with LESSEE's communication
equipment.
ARTICLE 17, Radon Gas
In compliance ........ith 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 stale guidelines have been found in buildings in Florida. Additional infonnation regarding radon
and radon testing may be obtained from your county public health unit.
ARTICLE 18, Extenl of Liens
All persons to whom these presents may come arc 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 are specitically 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, EfTective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE,
ARTICLE 20. Governing Law
This Lease shall be governed by 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 LESSEE:
DATED:
ATTEST
DWIGHT E, BROCK. Clerk
BOARD OF COUNTY COMMISSIONERS
COLLlER COUNTY, FLORlDA
Deputy Clerk
BY__",,,,,
FRED W, COYLE. Chairman
. ~.
AS TO LESSOR:
~SS (signature)
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_Jfi-a1~ rfi:1'J
(pr;~t 7:e) , /1
/ ;/~)-W-
wITNESS (signatme)
.2Trun0J ib:Ik
(priril name)
Approved as to form and legal sufficiency:
Jepnifer
::ersnV;k
~I)L ?4r.t /-Ve.14
(print name & title)
Agenda Item NO.1 E6
June 22,2 10
Page 8 f 8