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Agenda 07/22/2008 Item #16E 1Agenda Item No. 16E1 July 22, 2008 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve a First Amendment to Radio Tower Lease Agreement with The Chalet of San Marco Condominium Association, Inc., for additional space within the equipment room, for an increased cost of $353.98 per month. OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to execute a First Amendment to Radio Tower Lease Agreement with The Chalet of San Marco Condominium Association, Inc., for use of additional floor space within the equipment room related to an antenna location for the County's 800 MHz emergency system. CONSIDERATIONS: On August 22, 1995, the Board of County Commissioners entered into a Radio Tower Lease Agreement with The Chalet of San Marco Condominium Association, Inc. for use of rooftop space in order to mount a microwave antenna and to house related communications equipment within a rooftop equipment shelter. This location is one of several used for the County's 800 MHz emergency radio system. The County was in need of an additional four hundred and forty square feet (440) of floor space within the equipment shelter to accommodate new equipment. Pursuant to the Lessor's approval, the County installed its equipment and has utilized the additional space as of March 1, 2008. However, the Lessor's Board members were not able to meet until recently to provide the County with agreeable terms for the preparation of an amendment. The monthly rent of $1,770.76 will be increased by $353.98 for the additional space, to be paid retroactively as of March 1, 2008, for a total monthly rent of $2,124.74. According to the existing Agreement, an annual rent increase of five percent will become effective on September 1, based on the total rent, resulting in a new rental amount of $2,230.98 for the year. No other terms of the 1995 Agreement are being amended. The existing Lease continues to August 21, 2025. FISCAL IMPACT: The monthly rent of $1,770.76 will be increased by $353.98 for the additional space, and shall be paid retroactively from March 1, 2008, for a total monthly rent of $2,124.74. An annual rent increase that is based on the Consumer Price index will become effective on September 1, increasing the annual rent established under the terms of the original Agreement. No other terms of the 1995 Agreement are being amended. The existing Lease continues to August 21, 2025. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan LEGAL CONSIDERATIONS: The attached First Amendment has been reviewed and approved by the Office of the County Attorney for legal sufficiency. — JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to execute the attached First Amendment to Radio Tower Lease Agreement with The Chalet of San Marco Condominium Association, Inc. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services, Facilities Management Department Page 1 of 1 Agenda Item No. 16111 July 22, 2008 Page 2 of 3 - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16111 Item Summary: Recommendation to approve a First Amendment to Radio Tower Lease Agreement with The Chalet of San Marco Condominium Association.. Inc... for additional space within the equipment room.. for an increased cost of $353.98 per month. Meeting Date: 7/22/2008 9:00:00 AM Prepared By Michael H. Dowling Property Management Specialist Date Administrative Services Facilities Management 612712D08 3:52:10 PM Approved By John J. Daly Telecommunications Manager Date Administrative Services Information Technology 6130/2008 8:20 AM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 7/1/2008 7:35 AM — Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 711/2008 7:51 AM Approved By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 719/2008 8:00 AM Approved By Jennifer A. Belpedio Assistant County Attorney Date County Attorney County Attorney Office 7/9/2008 11:00 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 719/2008 11:29 AM Approved By Laura Davisson Management & Budget Analyst Date County Manager's Office Office of Management & Budget 711412008 10:21 AM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 7114/200810:54 AM Commissioners file: / /C \AgendaTest \Export\ l l 1- July %2022, %202008\ 16 %2000NSENT %20AGENDA\ 1... 7/15/2008 Agenda Item No. 16E1 July 22, 2008 Lease N799 Page 3 of 3 FIRST AMENDMENT TO RADIO TOWER LEASE AGREEMENT THIS FIRST AMENDMENT TO RADIO TOWER LEASE AGREEMENT entered into this _ day of , 2008, at Naples, Collier County, Florida by and between The Chalet of San Marco Condominium Association, Inc., a non profit Florida corporation, whose mailing address is 520 South Collier Boulevard, Marco Island, Florida 34145, 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, Florida 34112, hereinafter referred to as "LESSEE ". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Radio Tower Lease Agreement ( "Lease Agreement') dated August 22, 1995; WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease Agreement; NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Lease Agreement dated August 22, 1995, and Ten Dollars ($10.00) and other valuable consideration, the Lease Agreement is hereby amended as follows: Section I A is deleted in its entirety and replaced with the following: Approximately four hundred and forty (440) square feet of masonry Brewalled floor space in the southwest comer area of the fourteenth (14h) floor. 2. In Section 4 A, the monthly rental amount as of March 1, 2008 shall be Two Thousand One Hundred Twenty-four Dollars and Seventy-four Cents ($2,124.74). 3. Except as expressly provided herein, the Lease Agreement remains in full force and effect according to the terms and conditions contained therein, and said terms a conditions are applicable hereto except as expressly provided otherwise herein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Radio Tower Lease Agreement the day and year first above written. AS TO THE LESSEE DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk AS TO THE LESSOR DATED: of Wi ness (signature)/, (print name) Witness ((signature) (print name) Approved as to form and legal sufficiency: Jenn r A. Belped ssistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman The Chalet of San Marco Condominium Association, Inc., a Florida non -profit corporation BY: J1ciel —_�s, dekI- (print name d title / President or Vice Pr sident)