Backup Documents 03/26/2019 Item #16C 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney D_ *8119
2. BCC Office Board of County
Commissioners 145/ 3, &°\
3. Minutes and Records Clerk of Court's Office
312(0 va:.?Weit
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was March 26,2019 ✓ Agenda Item Number 16 C 2
Approved by the BCC
Type of Document Lease Agreement and Resolution Number of Original 2—Lease Agreements
Attached Documents Attached 1 -Resolution
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. Initial) Applicable)
1. Does the document require the chairman's original signature? aka(.4 N/A
2. Does the document need to be sent to another agency for additiona signatures. If yes, N/A
provide the Contact Information(Name; Agency;Address;Phone)o an attached sheet.„--
3.
heet/3. Original document has been signed/initialed for legal sufficiency. (All do • --- o`�e
signed by the Chairman, with the exception of most letters, must be reviewed and signed Wit3
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on_3-26-2019 ,and all changes MDN/ �tpioot
made during the meeting have been incorporated in the attached document. The an Qpcin for
County Attorney's Office has reviewed the changes,if applicable. i€A i eS
9. Initials of attorney verifying that the attached document is the version approved by the
BCC,all changes directed by the BCC have been made,and the document is ready for the _ art-- jgitt
Chairman's signature. •40:
I: Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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• Memorandum
CI FOR 1OP�
( 111
To: Minutes and Records
Clerk to the Board
From: Michael Dowlin;t4
Senior Property Management Specialist
Real Property Management
Date: March 27, 2019
Subject: Lease Agreement and Resolution: South Florida Water Management Dis.
BCC Date: March 26, 2019
BCC Item: 16 C 2
Please retain one copy of the Lease Agreement for your records and provide me
with one (1) copy for the tenant.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
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MEMORANDUM
Date: April 1, 2019
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Martha Vergara, Sr. Deputy Clerk
Boards Minutes & Records Department
Re: Lease Agreement (SFWMD Lease #4600003951)
Contractor: SFWMD
Attached are one (1) scanned copy (will be e-mailed and one (1) will be sent via
interoffice mail), of the referenced above (Item #16C5), approved by the Board
of County Commissioners on Tuesday, March 26, 2019.
An original was kept by the Board's Minutes & Records Department as part of the
Board's Official Records.
If you have any questions, please contact me at 252-7240.
Thank you.
Attachment
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Lease#
SFWMD Lease#4600003951
LEASE AGREEMENT
r
THIS LEASE AGREEMENT entered into this �U day of MA/L-c- , 2019, between
SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a water management district created under Section
373.069, Florida Statutes, whcse 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 1. 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 (I) microwave
dish at 170',and one (I) 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. Term 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(1)additional term 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.
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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.
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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 parry'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 MichaelDowling( colliervov.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:
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(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: LESSEE:
Board of County Commissioners South Florida Water Management District
c/o Real Property Management 3301 Gun Club Road
3335 Tamiami Trail East, Suite 101 West Palm Beach, Florida 33406
Naples, Florida 34112
Attention: Microwave Services Lead
copy: Radio Communications Manager
ARTICLE 14. Surrender of Premises
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.
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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.
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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 21.. 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: 2.- t/ / q BY:
CANDIDA HEATER,Acting Administrative Services Director Q/
South Florida Water Management D
istrict Office of Counsel
BY: C 'v
Print Name: D -SZ- C
- -
Date: 221 f�
South Flori W ter Man nt District Procurement Approved
BY:
Print Name:
Date: O Z�/2 _Lw1(1
iii
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AS TO LESSOR:
BOARD OF COUN COMMISSIONERS,
ATTEST: COLLIER CO N LORI
CRYSAL CdNZ.E..,C4lerk
BY: BY:
Deputy Clerk
Attest as to Chairman Willi L. McDaniel, Jr., Chairman
•
signatute only.
Approved as to form and legality:
Jenn' er A. Belpedio
Assistant County Attorney ^ ) C\
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