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Agenda 03/26/2019 Item #16C 203/26/2019 EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with South Florida Water Management District for space on the County -owned communications tower located at the Naples County Barn Road. OBJECTIVE: A Lease Agreement is required to allow South Florida Water Management District to place communications equipment upon the County -owned communications tower located at County Barn in Naples. CONSIDERATIONS: South Florida Water Management District (SFWMD) has requested space on the County -owned communications tower located at Naples County Barn. The equipment will assist SFWMD in their Supervisory Control and Data Acquisition for its operations and maintenance departments for equipment in Collier County. The following equipment will be installed on the tower and in the equipment shelter: one (1) VHF antenna, one (1) UHF antenna, two (2) microwave dishes, and two (2) 19" high equipment racks located within the equipment shelter. The initial lease term will be for five (5) years with one (1) additional five (5) year term. Since this use is a benefit to the community, there shall be no rent charged. The Lease includes indemnity language with limitations set by Florida Statutes 768.28, which indemnity and hold the county harmless from and against any and all claims related to SFWMD's use of the subject property. SFWMD will also be required to provide insurance coverage as set by the Risk Management Division. Either party may terminate with 30 days written notice to the other party. At the termination of the Lease term, and any renewals thereafter, SFWMD shall remove all of its equipment and return the County's project to its original state prior to occupancy. FISCAL IMPACT: There is no fiscal impact related to this item. 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 Lease Agreement with South Florida Water Management District. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. SFWMD Tower Agreement Signed (PDF) 16.C.2 Packet Pg. 793 16.C.2 03/26/2019 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.2 Doe ID: 7570 Item Summary: Recommendation to approve a Lease Agreement with South Florida Water Management District for space on the County -owned communications tower located at Naples County Barn Road. Meeting Date: 03/26/2019 Prepared by: Title: Property Management Specialist, Senior — Facilities Management Name: Michael Dowling 02/22/2019 11:15 AM Submitted by: Title: Director - Facilities Management — Facilities Management Name: Damon Grant 02/22/2019 11:15 AM Approved By: Review: Facilities Management Information Technology Facilities Management Public Utilities Department Public Utilities Department County Attorney's Office Public Utilities Department County Attorney's Office Office of Management and Budget Budget and Management Office County Manager's Office Board of County Commissioners Toni Mott Additional Reviewer John Daly Additional Reviewer Damon Grant Additional Reviewer Dan Rodriguez Additional Reviewer Sarah Hamilton Level 1 Division Reviewer Jennifer Belpedio Level 2 Attorney of Record Review George Yilmaz Level 2 Division Administrator Review Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Valerie Fleming Level 3 OMB Gatekeeper Review Ed Finn Additional Reviewer Geoffrey Willig Level 4 County Manager Review MaryJo Brock Meeting Pending Completed 02/22/2019 1:47 PM Completed 02/22/2019 2:38 PM Completed 02/22/2019 3:41 PM Completed 02/26/2019 4:33 PM Completed 03/04/2019 9:31 PM Completed 03/05/2019 9:53 AM Completed 03/05/2019 11:55 AM Completed 03/05/2019 3:18 PM Completed 03/06/2019 3:43 PM Completed 03/12/2019 6:37 PM Completed 03/18/2019 9:39 AM 03/26/2019 9:00 AM Packet Pg. 794 Lease # SFWMD Lease #4600003951 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this day of , 2019, between SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a water management district created under Section 373.069, Florida Statutes, whose mailing address is 3301 Gun Club Road, West Palm Beach, Florida 33406, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is c/o Real Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR four (4) locations on the existing County -owned radio transmission tower located at the County Barn Facility located on County Barn Road, Naples, Florida, for one (1) VHF Antenna at 185', one (1) microwave dish at 120', one (1) microwave dish at 170',and one (1) UHF antenna at 200', which is further described in Exhibit "A", which is attached hereto and made a part of this Lease, in addition to a twelve square foot interior space in the equipment shelter to house two (2) 19" high equipment racks, collectively hereinafter referred to as the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of installing and operating an antenna and related equipment for Supervisory Control and Data Acquisition for the LESSEE'S Operations and Maintenance Departments. ARTICLE 2. Tenn of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the date in which this Lease is accepted by the LESSOR. LESSEE is granted the option, provided it is not in default of any of the terms of this lease, to renew same for one (I) additional teen of five (5) years under the same terms and conditions as provided herein by giving written notice of LESSEE'S 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 placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. Both LESSEE and LESSOR will be allowed to terminate this Lease by providing the other party with thirty (30) day written notice. Said notice shall be effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSEE shall be granted an additional one hundred twenty (120) 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. ARTICLE 3. Rent As LESSEE'S use of the Demised Premises is a benefit to the Community, there shall be no rent charged. ARTICLE 4, Other Expenses and Charges LESSOR shall provide and pay for the charges for electricity pertaining to LESSEE's operation at the Demised Premises. 16.C.2.a Packet Pg. 795 ARTICLE 5. 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 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 appropriate alterations, improvements, changes or additions proposed by LESSEE. If after sixty (60) days, there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request to LESSEE. LESSEE covenants and agrees in connections 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 States of America, State of Florida, County of Collier, and any and all governmental agencies. 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 sixty (60) 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. 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 6. 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 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. ARTICLE 7. 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 assignment or subletting, even with the consent of LESSOR, shall not relieve LESSEE from liability or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. ARTICLE 8. Indemnity Subject to the limitations of Section 768.28, Florida Statutes, 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 to the extent arising from the negligent act or negligent omission of LESSEE or its agents, contractors or employees. 16.C.2.a Packet Pg. 796 1 ti.C.2.a 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. LESSOR and LESSEE on behalf of themselves and all others claiming under them, including any insurer, waive all claims against each other, including all rights of subrogation, for loss or damage to their respective property (including, but not limited to, the Demised Premises) arising from fire, smoke damage, windstorm, hail, vandalism, theft, malicious mischief and any of the other perils normally insured against in an "all risk" of physical loss policy, regardless of whether insurance against those perils is in effect with respect to such party's property and regardless of the negligence of either party. If either party so requests, the other party shall obtain from its insurer a written waiver of all rights of subrogation that it may have against the other party. LESSEE shall give prompt notice to LESSOR in case of fire or accidents in the Premises or in the Building or of defects therein or in the fixtures or equipment. LESSEE hereby acknowledges that LESSOR shall not be liable for any interruption to LESSEE's business for any cause whatsoever, and that LESSEE shall obtain business interruption insurance coverage should LESSEE desire to provide coverage for such risk. ARTICLE 9. Insurance The South Florida Water Management District is a qualified self -insurer in the State of Florida and granted immunity under Florida Statute 768.28, as it now is written and as it may be amended by the legislature at future dates. The District maintains self-funded general liability, automobile liability, and workers' compensation insurance programs to the extent permitted by law. A letter of such self-insurance shall be provided to Real Property Management, 3335 Tamiami Trail, Suite 101, Naples, Florida, 34112, or by fax: (239) 252-8876, or by email to MichaelDow Iing(acolIiergov.net, for approval prior to the commencement of this Lease Agreement. LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. if corrective action is not taken within twenty (20) 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 which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. The 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. The LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which might accumulate and arise from the operations of the LESSEE'S business. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. ARTICLE 11. Default by LESSEE Failure of LESSEE to comply for sixty (60) days with any material provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease 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). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR: GA Q Packet Pg. 797 1 ti.C.2.a (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 11, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law. 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: LESSOR: Board of County Commissioners c/o Real Property Management 3335 Tamiami Trail East, Suite 101 Naples, Florida 34112 copy: Radio Communications Manager ARTICLE 14. Surrender of Premises LESSEE: South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Microwave Services Lead LESSEE shall remove any improvements completed 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 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 damage by fire or the elements beyond LESSEE'S control excepted. Q CA Packet Pg. 798 1 ti.C.2.a ARTICLE 15. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above -referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and 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. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay any and all sales tax imposed on the use of the Demised .Premises where applicable under law and if applicable. (c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns Subject to Article 8 herein, LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless 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 protection of the environment. ARTICLE 17. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations; operation and maintenance will: A. Not irreparably damage LESSOR'S radio transmission tower structure and accessories thereto. B. Not interfere with the operation of LESSOR'S radio equipment or other current or future tenants on said tower. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it within a reasonable period of time, LESSEE agrees to remove its antennas from LESSOR'S property and this Agreement shall terminate. C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system. D. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concerned. ARTICLE 18. Holdover Any holding over by the LESSEE after the expiration of this Lease shall be construed by the parties as a tenancy at will, only with written acknowledgment by the LESSOR, in which event, the LESSEE will be a month-to-month tenant, and LESSEE shall continue occupying the Demised Premises upon the same terms and conditions of this Lease, until such time that an Amendment to the Lease or a new Lease can be entered into by the parties. Q CNo Packet Pg. 799 16.C.2.a ARTICLE 19. 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 20. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically 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 2L. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 22. Governing Law This Lease shall be governed 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 LESSEE: SOUT FLORIDA WATER M NAGEMENT DISTRICT, DATED: BY: CANDIDA HEATER, Acting Administrative Services Director (� / South Florida Water Management District Office of Counsel BY: C Print Name: �Cx��� C � w� Date: 2-21 /7 South FloridaW ter Man nt District Procurement Approved BY: n ,� Print Name: o dO Date: O Packet Pg. 800 AS TO LESSOR: ATTEST: CRYSAL K. KINZEL, Clerk Deputy Clerk Approved as to form and legality: Jennifer A. Belpedio Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA W. L. McDaniel, Jr., Chairman 16.C.2.a Packet Pg. 801 North 10 Exhibit A —Antenna Mounting and Rad Center 280' Self Support Tower- County Barn Site A .1 SFWMD Antennas Leg A — 185' SC281-HF4LDF(D00) VHF Antenna Leg A — 120' PAR6-59 6' microwave dish Leg B - 170' PAR6-59 6' microwave dish Leg C - 200' SC331-SFLDF(00) UHF Antenna 30 ' 16.C.2.a Packet Pg. 802