Agenda 10/09/2018 Item #16C 110/09/2018
EXECUTIVE SUMMARY
Recommendation to approve a First Amendment to Lease Agreement with South Seas Northwest
Condominium Apartments of Marco Island, Inc., to extend the lease term to maintain 800 MHz
communications equipment operating at that location.
OBJECTIVE: An Amendment to Lease Agreement is required for South Seas Northwest Condominium
Apartments of Marco Island, Inc., to extend the lease term for an additional three years.
CONSIDERATIONS: On October 14, 2003, agenda item 16E4, the Board approved a Lease Agreement
(Lease) with South Seas Northwest Condominium Apartments of Marco Island, Inc. (South Seas), for the
County to install communications equipment on the roof of that building for the 800 MHz radio system.
The County also utilizes interior wall space for its equipment cabinet in a two-foot by one-foot area.
The Lease is scheduled to expire on October 13, 2018, and the attached First Amendment to Lease
Agreement extends the lease term until October 14, 2021. The annual rent shall remain at Six Hundred
Dollars ($600). This amount is a reimbursement to South Seas for use of its electrical service since there
is not a separate electrical meter.
FISCAL IMPACT: The rent shall remain the same as in the original lease, $600 annually, and c ontinue
to be withdrawn from the Intergovernmental Radio Communication Program Fund (188-140480).
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Chairman to execute the First Amendment to
Lease Agreement with South Seas Northwest Condominium Apartments of Marco Island, Inc.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division
ATTACHMENT(S)
1. First Amendment to Lease- South Seas NW Condo Executed (PDF)
2. South Seas NW Aerial (PDF)
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10/09/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.1
Doc ID: 6425
Item Summary: Recommendation to approve a First Amendment to Lease Agreement with South
Seas Northwest Condominium Apartments of Marco Island, Inc., to extend the lease term to maintain 800
MHz communications equipment operating at that location.
Meeting Date: 10/09/2018
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
08/28/2018 4:12 PM
Submitted by:
Title: Deputy Department Head – Public Utilities Department
Name: Dan Rodriguez
08/28/2018 4:12 PM
Approved By:
Review:
County Attorney's Office Emily Pepin CAO Preview Completed 09/19/2018 4:16 PM
Information Technology John Daly Additional Reviewer Completed 08/28/2018 4:21 PM
Facilities Management Toni Mott Additional Reviewer Completed 09/11/2018 7:26 AM
Public Utilities Department Dan Rodriguez Additional Reviewer Completed 09/11/2018 11:57 AM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 09/12/2018 5:49 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 09/13/2018 10:12 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 09/13/2018 5:07 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/14/2018 10:15 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/14/2018 11:17 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 09/17/2018 2:33 PM
County Manager's Office Heather Yilmaz Level 4 County Manager Review Completed 10/01/2018 12:00 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/09/2018 9:00 AM
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2018, by and between SOUTH SEAS NORTHWEST
@RCoISLAND,INC.,aFloridacorporation,formerIyreferredtoasSoUTHSEAS
NCIRTIIWEST CONDOMINruMS, a Flor-ida corporation, whose mailing address is 380 Seaview Court, Marco
Island, Florida34l45, hereinafter referred to as "LESSOR," and COLLIER COLINTY, a political subdivision of
the State of Florida, whose mailing address is c/o Real Property Managenrent, 333 5 East Tanriami Trail, Suite I 0 I ,
Naples, Florida 341 12, hereinafter referred to as "LESSEE."
WITNESSETH
WHEREAS, the LESSOR and LESSEE have previously entered into a Lease Agreement dated October 14,
2003, hereinafter referred to as the'Lease,'which is attaclred hereto as Exhibit "A" and made a part hereof this
Amendment; and
WIIEREAS, the LESSEE and LESSOR are desirous of amending the Lease to extend the lease term; and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and
Ten Dollars ($10.00) and other valuable consideration, the Lease is hereby further amended as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein;
2 Article 2, Term of Lease, is amended to extend the lease term to October 14,2021, unless either party
exercises its option to terminate as provided in the Lease.
3.Except as expressly provided herein, the Lease remains in full force and effect according to the terrns and
conditions contained therein, and said terms and conditions are applicable hereto except as expressly
provided otherwise herein.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and
year first above written.
AS TO THE LESSOR:SOUTH SEAS NORTHWEST CONDOMINIUM APARTMENTS
OF MARCO ISLAND, INC., a Florida corporation, formerly
referred to as SOUTH SEAS NORTHWEST CONDOMINIUMS, a
Florida corpolation
BY
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THIS FIRS'
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FIRST AMENDMEN'T TO LEASE AGREEMENT
T AMENDMENT TO LEASE AGREEMENT ("Amendment"), entered into this day of
DA
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LESSEE'S signature appears on the following page.
,Es
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AS TO THE LESSEE:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BY
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio,County Attorney
BOARD OF COLTNTY COMMISSIONERS,
COLLIER COLINTY, FLORIDA
ANDY SOLIS, Chairman
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, EXHIBIT
e"s" \ ot b L,ease #?y'r-
a
o
LEASE AGREEMENT
THISLEASEAGREEMENTenteredintothis,q$ duyor &iohor,zoor, berween
South Seas Northwest Condominiums, a Florida corporation, *to.e *nitirrg uaAr"r. i.:AO Seaview Ct, Marco
Island, Fl. 34145 hereinafter referred to as "LESSOR", and COLLIER COUMIY, a political subdivision of the
State ofFlorid4 whose mailing address is 3301 East Tamiami Trail, Naples, Florida 341 12, hereinaffer referred
to as "LESSEE".
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE l. Demised Premises
ARTICLE2. T of Lease
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the following" Demised
Premises", situaled in the County of Collier and the State ofFlorida:
A' Rooftop mounting space, South Seas Northwest Tower 4, for 2 directional panel antennas
approximately 2 foot by 4 foot in size.
B. krterior wall space for 2 foot by l-foot equipment cabinet, further described in Exhibit ,,A,, and which
is attached hereto and made a part of this Lease, hereinafter called the. LESSOR applyrng the terms
contained in Article 5 of the Agreement shall approve all improvements.
LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the datein which the LESSEE accepts this Lease. LESSEE is granted two (2) separate opiions, provided it is not then in
default of any of the provisions of this Lease, to renew same for two (Z) aaaitional terms of five (5) years each
under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, bygiving written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) daysprior 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 terminate this Lease by providing the other party withthirty (30) day written notice. Said notice shall be effective upon actual ."""ipt Uy ltSSff or LESSOR.
LESSEE shall be granted an additional sixry (60) days from the aforementioned thirty i30) day notice period, if
required, in order to secure and relocate to an altemate site for operations conducted ai tire bemised pre.mises.
In addition, LESSEE coYenants 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 noi authorized by this Lease or is contrary to law
or rules or regulations of any public authority having jurisdiction over the Demised premises.
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ARTICLE 3. Rent 16 E I''
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Six Hundred
Dollars ($600) armually due on the frst of each montb following LESSOR'S execution of this Lease, at the
address for Lessor set forth in Article 13 ofthis Lease.
ARTICLE 4. Other Expenses and Charqes
LESSEE shall pay any utility charges applicable to the Demised Premises, with the exception of
electricify which shall be provided by LESSOR in exchange for payments established in Article 3 ofthis lease.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, 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 meaningfirl detail, the nature
and extent of the desired alteration, improvement, change, or addition, along with the contimplated slarting and
completion time for such project. LESSOR or its designee wilt 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 appmpriate alterations, improvements, changes or additions
proposed by LESSEE. Ifafter sixty (60) dafs, there has been no response fiom LESSOR or its designee to said
proposals or plans, then such silence shall be deemed as a DENIAL to such request to LESSEE. LESSOR's
designated roofing contractor shall perform improvements required by contact with the roofing slstem of the
demised premises. LESSOR will authorize only said improvements if the contractor stipulates in writing that the
^ Ymanty on the roofing system will not be affected by such improvements. LESSEE further recogrizes that
!future maintenance or improvements to the demised prunises by iESSOR may require expenses nece-ssitated by
the presence ofLESSEE's improvements. LESSEE agees either to reimburse LESSOR for such expenses or in
the altemative at LESSEE'S decision to promptly cause such work to be accomplished by independent
contractor hired by 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
govemmental 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 termination of this Lease or any renewal term thereof, or within thirry (jO) days
thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixfures 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 iaid reriovals 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
aJotice to LESSOR, to enter into and upon the Demised Premises or any part thereof at all reasonable hours forfthe purpose of examining the same and making repairs or providing janitorial service therein, and for lhe
I
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purposes ofinspection 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.
O *r,aru 7. Assisrment and Sublettinc
LESSEE shall not assign this Lease or atlempt to sublet the whole or any part of the Demised Premises, or
permit any other persons to occupy same without the expressed prior written consent of LESSOR. Any such
assigunont 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 unless a novation is expressly agreed to by LESSOR. The acceptance of
rent from any other person shall not be deerned to be a waiver ofany 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. Indemnirv
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged,
and subject to limitations of Section 768.28, Florida Statutes, LESSEE shall indemni$, defend and hold
harmless LESSOR, its agents and employees fiom and against any and all I iability ( statutory orotherwise),
damages, claims, suits, demands, judgrnents, costs, interest and expenses (including, Uui no limiiea to, attorneys'
fees and disbursements both at trial and appellate levels) arising, directly or indtectly, from any injury to, ir
death o{ iury person or persons or damage to property (including loss of use thereof) ielated to (A) iISSEE,S
use of the Demised Premises, (B) any work or thing whatsoever done, or any condiiion created (other than by
^l
ESSOR, its employees, agents or conuactors) by or on behalf of LESSEE in or about the Demised premises,
l9l. gf^"_"1_lition of the Demised Premises due to or resulting from any default by LESSEE in the perforrnance
of LESSEE S obligations under this lrase or otherwise, or @) any act, omission or negligence of LTSSEE o,
its agents, contractors, employees, subtenants, licensees or invitees. In case any action oi pioceeding is brought
against LESSOR by reason of any one or more thereof, LESSEE shall pay ail costs, auorneys, 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.
TheLESSORshallnotbeliableforanydamagestoorlossof,includinglossduetopettytheft,any
property, occuning on the Demised Premises or any part thereot, and the LESSEE agrees lo 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, at its expense m aintain in force d uring the term of this I ease, a combined single limit
policy o fb odily i njury and p roperty d amage i nsurance, w ith a limit o fnot less than $ 1,000,000.00 insuring
LESSOR aad LESSEE against all liability arising ofuse, 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
a L.ES-SI.E .!."]ll.ut it: sole.cost and expense, keep the Demised Prernises clean at all times, including theVemoval of all solid, liquid, semisolid and gaseous trash and waste. If said Demised premises are not kept Jlean
in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten
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(10) days ofthe receipt ofsuch notice, LESSOR may cause 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 ofreceipt ofwritten notice ofcosts incurred by LESSOR.o LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its
employees, agents, indepeDdent contractors, guests, invitees, licensees, or patrons.
Not withstanding anything in the kase to the Contrary, LESSEE shall not be in default under this Lease
until:
A. Failure to pay rent or other sums due under this kase, fifteen (15) days after notice ofdefault.
B. In the case of any other default, thirty (30) days after receipt of written notice thereof of from
LESSO& provided, however, where any such default cannot reasonably be cured within thirty
(30) days, LESSEE shall not be deemed to be in default under the lease if LESSEE comrnences
to cure such default within said thirty (30) day period and thereafter diligently punues such cure
to completion, but in no event more then sixty (60) days after receipt ofsuch notice.
ARTICLE 12. Default bv LESSOR
LESSOR shall in no event be charged with default in the performance ofany 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
lproperly and in meaningful detail specifuing wherein LESSOR has failed to perform any such obligations.
ARTICLE 13. Nolices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
delivered to the other party at the following addresses, or changes lhereto which have been notilied to the other
partyi
LESSEE:
Board of County Commissionen
c,/o Real Estate Services Deparfinent
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSOR:
South Seas Northwest Condominiums
380 Seaview Ct.
Marco Island, Fl. 34145
Attention: Building Manager
Copy to: Telecommunications Manager
ARTICLE 14. Sunender 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
--ESSOR .possession of the Demised Premises ani any improvements not removed upon expiration of this
-l-ease, or its earlier termination as herein provided, broom clean and in as good condition and repair as the same
ARTICLE 11. Default bv LESSEE
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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. Environmental Concerns
ARTICLE I 6. Interference
LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and
maintenance will:
A. Not ineparably damage the 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 concemed.
. Subsequent to the effective date of this Lease, LESSOR will not grant a similar rental agreement for any
radio communication facility if such graat would in any way interfere with LESSEE's communication
equipment,
ARTICLE 17. Radon Gas
ln 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 suflicient
quantities, may present health risks to penons who are exposed to it over time. Levels of radon that exceed
federa.l and state guidelines have been found in buildings in Florida. Additional information regarding radon
and radon testing may be obtained fiom your county public health unit.
ARTICLE 18. Extent of Liens
All persons to whom 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 are specifically prohibited from attaching to or bccoming a licn on the
interestofthe LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the
provisions ofand in compliance with Section 713.10, Florida Statutes
fTICLE 19. Effecrive Dare
This Lease shall become effective upon execulion by both LESSOR and LESSEE.
LESSEE represents, warrants and agrees to indemnift, reimburse, defend and hold harmless LESSOR,
from and against all costs (including attomeys fees) asserted against, imposed on or incurred by LESSOR
directly or indirectly pusuant to or in connection with the application ofany federal, state, local or cornmon law
relating to pollution or harm to the environment.
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ARTICLE 20. Govemins 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: IL14-03
AftESltrfrri otc ,,,,BOARD OF COUNTY COMMISSIONERS
D COLLIER
BY:
Clerk Tom Henning, Chairman
(o-t(_03rttoit',ay,tn.fl?an's
DATED 7k"/,,SOUTH SEAS NORTH WEST CONDMINIMUM
BY
(signature
(Print (Print name & Title)
(Print name)
Approved as to form and ency:
C.
Assistant County Attorney
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Aerial
380 Seaview Court
Marco Island
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