Backup Documents 12/08/2020 Item #16C13 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 6 C 1 3
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
9017 1 Z./ 21I
2. BCC Office Board of County O
Commissioners S\ ' 7' '
3. Minutes and Records Clerk of Court's Office ��
I +i : i9c
PRIMARY CONTACT INFORMATION
1 a0�0
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 December 8,2020 Agenda Item Number 16 C 13
Approved by the BCC
Type of Document ' Second Amendment to Lease Agreement Number of Original 2
Attached with Alpert Tower,LLC Documents Attached
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? 5 ivve N/A
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed MD 0.
by the Office of the County Attorney. ;W
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 ofthe 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 12-8-2020,and all changes made during MD N/A:,s trot
the meeting have been incorporated in the attached document. The County an opti9Fi py
Attorney's Office has reviewed the changes, if applicable. this lin
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an opti, '11;
Chairman's signature. i ;
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
16C13
1,�V////_ !'
Memorandum
-()z -`
To: Minutes and Records
Clerk to the Board
From: Michael Dowling j'
Senior Property Management Specialist
Real Property Management
Date: December 18, 2020
Subject: Second Amendment to Lease Agreement with Alpert Tower, LLC
BCC: December 8, 2020
Item: 16 C 13
Please attest and provide me with one original of the fully executed Agreement
for the landlord's records.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
1 6C 13
MEMORANDUM
Date: December 28, 2020
To: Michael Dowling, Sr. Property Management Specialist
Real Property Management
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Second Amendment to Lease Agreement with Alpert Tower, LLC,
Attached, please find an original copy of the document referenced above
(Item #16C13) approved by the Board of County Commissioners December 8, 2020.
The second original will be held in the Board's Minutes & Records Department for
the Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment
16C13
Lease # IT-125
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT entered into this day of
,0. , 2020, at Naples, Collier County, Florida, by and between Alpert Tower,
LLC, a Foreign Limited Liability Company, successor to Alpine Broadcasting Corporation,
whose mailing address is 11800 East Tamiami Trail, Naples, Florida 34113, hereinafter
referred to as "LESSOR", and Collier County, a political subdivision of the State of Florida,
whose mailing address is, in care of Real Property Management, 3335 Tamiami Trail East,
Naples, Florida 34112, hereinafter referred to as "LESSEE";
WITNES SETH
WHEREAS, LESSOR and LESSEE have previously entered into a Lease Agreement ("Lease
Agreement") dated August 22, 1995, and amended by the First Amendment to Lease
Agreement on April 11,2003, attached hereto and made a part of this Amendment; and
WHEREAS, the LESSOR and LESSOR are desirous of amending that 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:
Article 2. A,"Premises and Use of Site,"shall be revised to include antennas and cable outlined
in Exhibit "A" of this Amendment. Lessee is also granted the right to relocate two (2) VHF
antennas and related cable from the 675-foot level to the 500-foot level.
Article 3, "Term," Paragraph 1, shall be deleted in its entirety and the following substituted in
its place:
LESSEE shall have and hold the Leased Premises for a term of eight(8)years commencing on
the date in which LESSEE executes the Amendment. LESSEE is granted the option, provided
it is not in default of any of the terms of this Lease, to automatically renew same for one (1)
additional term of five (5) years, under the same terms and conditions as provided herein.
LESSEE may terminate this Lease, with or without cause, upon sixty (60) days prior written
notice to the LESSOR. Said notice shall be forwarded to the LESSOR'S address as set forth
in this Lease and shall become effective upon placement of said notice in an official depository
of the Unites States Post Office, Registered or Certified Mail, postage prepaid.
Article 4, "Rent," first paragraph, is hereby deleted in its entirety and the following provision
is substituted in its place:
LESSEE shall pay LESSOR, monthly in advance, a fixed monthly rent of $12,156 for the
initial year of this Second Amendment, commencing on October 1, 2020, and an additional
four percent (4%) increase compounded, for each year thereafter throughout the life of the
Lease.
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4. 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 and conditions are
applicable hereto except as expressly provided otherwise herein.
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSOR: Alpert Tower LLC, a Foreign Limited Liability
/ Company
DATED: l/l3I a 0 ao
kl)Ct'nCE. O
W. ness (signature) Donna Alpert, CEO
A*1 1 F011 i-ana
(print name)
f_
ness (si nature)
:t,D- 2 L-e12:.
(print name)
AS TO T LESSEE:
DATED: ii,c - Cr- 02 6.2-d BOARD OF COUNTYCOMMISSIONERS,
COLLIER UNTY, FLORIDA
ATTEST: it�_
Crystal K. Kinzel, Clerk BY: '
Burt L. Saunders, Chairman
BY: C
,di'- "`'i -lerk
Attest as to
signature 9fl1Y Item# ( GCt3
Approved as to form and legality: Da eda i v��O.
Date t
P Reed ! .
Jenni A Bel edio, sistan County Attorney O-a2
16C13
Exhibit "A"
Tower Attachments
Qty Height(CL) Model Line Type Line Size Azimuth(deg)
2 500 DB-224A Heliax 7/8 Omni
(VHF)
2 295 BMR-120 Heliax 15/8 Omni
1 295 BMR-12H Heliax 7/8 90
1 230 PAD6-59B Elliptical EP 65 95.94
1 190 PAD6-59B Elliptical EP 65 95.64
1 140 PAD6-59B Elliptical EP 65 247.5
0
•
16C13
LEASE AGREEMENT
This Lease Agreement made as of the last date either the
Lessor or Lessee signs this Lease Agreement as shown on the
signature page (said date being hereinafter referred to as the
"Commencement Date") between ALPINE BROADCASTING CORPORATION, a
Florida corporation, having an office at 11800 East Tamiami Trail
Naples, Florida 33962 (hereinafter called "Lessor") , and COLLIER
COUNTY, a political subdivision of the State of Florida
(hereinafter "Collier County" or "Lessee") having an office at 3301
Tamiami Trail East, Naples, Florida 33962.
WITNESSETH:
1. TOWER
The WAVV antenna tower referred to herein is that
certain 1,022 foot radio tower located in Collier County,
Florida, at coordinates: Latitude 26 degrees 10' 57"
North. Longitude 81 degrees 34 '32" West.
2. PREMISES AND USE OF SITE
Lessor hereby leases to Lessee, for the term of the
rental and subject to the provisions hereinafter set
forth, the following locations:
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On Tower: -At 300 foot elevation for two (2)
antennas with 1 5/8 inch cable to same.
-At 300 foot elevation one (1) antenna
with 7/8 inch cable to same.
-At 230 foot elevation one (1) six (6)
foot microwave dish.
-At 185 foot elevation one (1) four (4)
foot microwave dish.
-At 140 foot elevation one (1) six (6)
foot microwave dish.
Plus ground space for installation of equipment building
to service equipment, to wit: a 12 foot x 20 foot shelter
on the tower property. Said tower locations and ground
space are hereinafter referred to as the "Demised
Premises" .
A. The Demised Premises are to be used for the
installation, operation and maintenance of
radio transmitting and receiving equipment,
along with associated other electronic
equipment which may be passive and/or active.
Lessee shall have the right to install upon the
site, building, fencing and other accessories
necessary to the successful and secure
operation of the above-mentioned radio
equipment, all as provided for herein. All
equipment installed upon the premises shall at
all times be personal property of Lessee and,
at Lessee's option, may be removed by Lessee
at any time during the term or within a thirty
(30) day period after expiration of this Lease.
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•
•
B. Lessee is responsible for all necessary tower
modifications as agreed upon in Addendum A of
this Agreement. No equipment may be installed
until these modifications are completed.
3. TERM
To have and to hold the Leased Premises for a term
of eight years. six months. commencing on the
Commencement Date. The parties agree that they will
discuss provisions for extension of the term of this
Lease on or before six (6) months from its expiration,
and the Lessor acknowledges that it would be its intent
to extend this Lease if the parties can agree to terms
and conditions which are satisfactory to both.
Except for the Lease currently in effect between
ALPINE BROADCASTING CORPORATION and COLLIER COUNTY for
the Sheriff's Department Antennas (hereinafter "Sheriff's
Lease") , which Lease shall remain in full force and
effect, any previous lease agreement between ALPINE
BROADCASTING CORPORATION and COLLIER COUNTY becomes null
and void and is superseded by this Agreement upon
installation of aforementioned equipment (paragraph 2A) .
Collier County is responsible for the removal of all
equipment or structures installed under the terms of this
Lease within thirty (30) days of its termination; any
equipment or structure installed by Collier County
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1 6 C 1 3
under any prior lease, except for the Sheriff's Lease,
and not included under the terms of this Lease must be
removed within thirty (30) days of the Commencement Date
of this Lease.
4 . RENT
The Lessee shall pay the Lessor, monthly in advance,
THREE THOUSAND TWO HUNDRED SEVENTY-THREE AND 75J10Q
($3 . 273 .75) . Payment of this amount will permit Lessee
to install:
- 2 Antennas at 300 foot elevation with 1 5/8 inch
cable to same.
- 1 Antenna at 300 foot elevation with 7/8 inch cable
to same.
- 3 Microwave (EW63MV) dishes with 1 1/4 inch lines
- One (1) six (6) foot at 230 feet
- One (1) four (4) foot at 185 feet
- One (1) six (6) foot at 140 feet
- and a twelve (12) foot x twenty (20) foot shelter
on site.
The Base Rent for the initial year of this Lease
takes into consideration the current cost of living as
illustrated by the Consumer Price Index of July. 1995
(hereinafter "Base CPI") . On any anniversary of the
Commencement Date during the entire term of this Lease
and during any renewal terms, the Base Rent shall be
increased by one hundred percent (100%) of the percentage
increase in the Consumer Price Index between the Base CPI
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and the Consumer Price Index for the month of July
immediately preceding the anniversary of the Commencement
Date, which shall be computed as follows:
Base Rent times the CPI for the month of July
immediately preceding the anniversary of the
Commencement Date divided by the Base CPI.
The Consumer Price Index used for the above
calculations shall be the Index for Urban Consumer, All
Items, All Cities (CPI-U) . If the Department of Labor
changes the manner of computation of the Index, a
conversion factor shall be ascertained to adjust the
Index then used. If such conversion factor is not
available, the parties shall agree upon the conversion
factor of a new Index. If the parties cannot agree upon
an adjustment pursuant to this paragraph within thirty
(30) days from the date the new computation is to be
made, then the parties shall submit to arbitration in
Collier county, Florida to determine an adjustment which
approximates the Index as nearly as possible. If the
Index is discontinued and another index is issued by the
department of Labor or any other U.S. Government Agency,
the Index which approximates the Index as nearly as
possible shall be substituted and used as the Index for
the purposes hereof. If subsequent to the date hereof
the Index is published at intervals other than monthly,
the index which is published at a date closest to each
of the dates specified above shall be used.
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In no event shall the annual rental be less than the
base rent or the rent paid during the prior twelve (12)
month period. In addition to the rent payable, the
Lessee shall also pay any Sales Tax attributable thereto.
A late payment penalty shall be added to any rent
not received by Lessor within ten (10) days of the due
date. Such penalty shall be equal to the interest
accrued on said amount on the date the payment was due
until the date Lessor receives said payment, computed at
the rate of 15% per annum.
Lessee 's obligation to pay rent shall commence upon
installation of the antennas on the tower, but no later
than two (21 months from the Commencement Date of this
Lease Agreement.
5. INSTALLATION
A. Lessee will supply its own equipment building
electrical lines, antennas, lines, combiner,
multi couplers and pre-amplifiers.
B. Lessee shall be responsible for taking such
steps as may be necessary to prevent any
interference or spurious radiation with the
broadcasting facilities of Lessor or others
presently on the tower caused by Lessee' s
transmission or other activities of Lessee on
the Demised Premises. If such interference or
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spurious radiation cannot be reduced to levels
reasonably acceptable to Lessor, Lessor may
elect to terminate this Lease by giving Lessee
written notice.
C. Lessee shall provide Lessor with a copy of the
engineering section of its FCC construction
permit.
D. Lessee shall install only such antenna and
transmission lines on the tower and other
equipment as has been approved by Lessor and
his designated engineer. The Lessee agrees
that the installation will be done in a neat,
workmanshiplike manner. All costs of the
installation will be assumed by the Lessee.
E. The following specifications regarding
installation will be rigidly enforced. The
Lessor, in its sole discretion, shall have the
right to cancel this Lease for failure of
Lessee to comply with any of the following:
1. Antenna brackets must be approved by
Lessor.
2. Lessee shall install conduit to carry his
transmission lines in such manner and form
as approved by Lessor.
3 . Only non-rustable hardware will be
used.
4 . No painting of any hardware or brackets
will be allowed.
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5. No drilling or welding to any part of the
tower will be allowed.
6. All rustable material must be hot-dipped,
galvanized, including bolts, nuts and
washers.
7. No electronics will be installed on the
tower without the prior written approval
of Lessor.
8. Location of any installation or building
construction shall be approved by Lessor.
9. For maintenance purposes, Lessee will be
given a key to unlock any gate installed.
If this key is lost, the Lessee will bear
the expense of retooling any locks and
providing twelve (12) new keys for each
lock.
6. MANAGEMENT OF SITE
Lessor shall have the right to permit any other
party to occupy or use the Leased Premises or any land
or buildings owned by Lessor. Lessee agrees that if
Lessor permits additional parties to use the WAVV Antenna
Tower for radio frequency transmissions, then Lessee
shall, at no cost to Lessor conduct mutual frequency
compatibility checks on any equipment to be added to the
site.
It is the Lessor's intent that he will not permit
any party to use the tower if such party's transmission
would cause interference with Lessee's use at the time
the third party is added to the tower, and the Lessor
agrees to work with the Lessee to assure that such
interference does not occur; however, Lessor retains
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total discretion and authority over any decision as to
the extent of interference and addition of third parties
to the tower.
7. ACCESS TO THE TOWER FOR MAINTENANCE
The Lessee shall procure and maintain (or cause to
be procured and maintained by an independent contractor) ,
before commencing any installation and/or maintenance
work on the tower, a Certificate of Insurance covering
Worker's Compensation Insurance with an Insurance company
acceptable to the Lessor, and said insurance shall
• provide for the payment of compensation in accordance
with the laws of the State of Florida for all workers
employed and employees of the Lessee and its Contractors
and Sub-Contractors, and further insuring the Lessor
against any and all liability for personal injury or
death of such workers and employees. The Lessee shall
provide the Lessor with said Certificate of Insurance
prior to the commencement of any installation and/or
maintenance provided for this Lease.
8. INSURANCE
Subject to the limitations of Section 768. 28,
Florida Statutes, the Lessee hereby assumes all risk of
and responsibility for, and agrees to indemnify and save
harmless the Lessor, from and against any and all claims,
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demands, suits, actions, recoveries, judgments and costs
and expenses in connection therewith made, brought or
obtained on account of the loss of life, property or
injury or damage to the person or property of any person
or persons whomsoever, whether such person or persons be
the Lessor, its agents or employees, or the Lessee, its
agents or employees, any Contracts, or Sub-Contractors
employed by the Lessee, their agents or employees, or any
third person in no way connected with the parties hereto,
which loss of life or property or injury or damage to
persons or property, shall be due to or arise out of,
result form, or be in any way connected with this Lease
or any work done thereunder, including climbing of the
antenna tower and/or all work done on said tower or any
part thereof.
The Lessee shall procure and maintain comprehensive
public liability and property damage insurance for this
work with an insurance company approved by the Lessor,
covering all its operations and activities on or in
connection with the Leased Premises with a single limit
of not less than One Million Dollars ($1,000,000.00)
naming Lessor as an additional insured and shall furnish
Lessor with a certificate evidencing such insurance and
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statement that such coverage shall not be cancelled or
changed until Lessor shall be given thirty (30) days
notice in writing. The insurance must be carried
throughout the term of the Lease.
In addition to adequate liability and property
damage insurance, Lessee will be responsible for its own
business interruption insurance. Lessor cannot be held
responsible for damages caused by force majeure
(hurricanes, tornados, lightning, fire) or any other acts
of God.
In the event of any catastrophe, the Lessor also
cannot be held responsible for damages to Lessee's
equipment or be held liable for any business interruption
caused by any force majeure occurrence that may damage
the tower or cause complete tower failure. In the event
the tower is destroyed, the rent shall be abated until
such time as said tower is rebuilt; provided, however,
there is no obligation of Lessor to reconstruct the
tower. Notice of the intention of the Lessor not to
rebuild shall be provided to Lessee within one hundred
and eighty (180) days of the destruction of the tower.
Unless there is malicious misconduct or willful or
deliberate negligence by Lessor, Lessor cannot be held
responsible for business interruption or for any other
damages or losses incurred or suffered by Lessee. The
Lessor also cannot be held responsible for damages to
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Lessee's equipment or for business interruption caused
by storms or any other force majeure event that may cause
damage to the tower or complete tower failure.
9. MAINTENANCE BY LESSEE
Lessee, at its own expense, shall maintain Lessee's
property in accordance with reasonable engineering
standards to assure that at all times Lessee's property
and its operation is in conformance with the requirements
of the Federal Communications Commission and all other
public authorities with jurisdiction over Lessee. Lessee
shall perform all repairs necessary to keep its
improvements on the Demised Premises in good and
tenantable condition.
10. UTILITIES
Lessee shall be responsible for securing any utility
service it requires, including electric power, and paying
any service charges for such utilities.
11 . Left blank intentionally,
12. REMOVAL OF LESSEE'S EQUIPMENT UPON TERMINATION
Lessee agrees to remove its antenna and equipment,
at its expense, within thirty (30) days after termination
of this Lease Agreement.
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13. DEFAULTS AND REMEDIES; INDEMNITY
(1) If Lessee shall allow the rent to be in arrears more
than thirty (30) days after written notice of such
delinquency, or shall remain in default under any
other condition of this Lease for a period of thirty
(30) days after written notice from the Lessor,
unless such default cannot be cured within thirty
(30) days and Lessee has commenced the curing of the
default within such thirty (30) days period and
thereafter diligently continues to cure, or should
any person other than Lessee secure possession of
=_4
the Demised Premises, or any part thereof, by
reasons of any receivership, bankruptcy proceedings,
or other operation of law in any manner whatsoever,
unless such action is withdrawn or unless such
receivership or bankruptcy proceeding or other
operation of law is dismissed within thirty (30)
days, Lessor may at its option, without notice to
Lessee, terminate this Lease, or in the alternative,
Lessor may re-enter and take possession of said
premises and remove all persons therefrom, without
being deemed guilty thereof, any manner of trespass,
and relet the Demised Premises or any part for all
or any part of the remainder of said Lease term, to
•
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16C13
a party satisfactory to Lessor, and at such monthly
rental as Lessor may with reasonable diligence be
able to secure.
Should Lessor be unable to relet after
reasonable efforts to do so, or should such monthly
rental be less than the rental Lessee was obligated
to pay under this Lease, or any renewal thereof,
plus the expense of reletting, then Lessee shall pay
the amount of such deficiency to Lessor, Lessor
will use reasonable efforts to relet the Demised
Premises so as to mitigate Lessee's damages.
%I
The following paragraph shall apply only to
non-governmental entities and persons for whom the
law permits such lien rights to apply.
It is expressly agreed that in the event of
default by Lessee hereunder, Lessor shall have
a lien upon all goods, chattels, or personal
property of any description belonging to Lessee
which are placed in, or become part of, the
Demised Premises, as security for rent fee and
to become due for the remainder of the current
lease term, which lien shall not be in lieu of
or in any way affect statutory Lessor's lien
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given by law, but shall be cumulative thereto;
and Lessee hereby grants to Lessor a security
interest in all such personal property placed
in said Demised Premises for such purposes.
This shall not prevent the sale by Lessee of
any merchandise in the ordinary course of
business free of such lien to Lessor so long
as Lessee is not in default hereunder. Lessor
agrees to subordinate any lien which it may
have on Lessee's personal property to the
rights of any bona fide mortgages of Lessee for
the purpose of financing said personal
property.
2. If Lessor defaults in the performance of any term,
covenant, or condition required to be performed by
him under this agreement, Lessee may elect one or
more of the following:
(a) after not less than thirty (30) days notice to
Lessor, Lessee may remedy such default by any
necessary action, and in connection with cash
remedy may pay expenses and employ counsel; all
reasonable sums expenses or obligations
incurred by Lessee in connection there with
shall be paid by Lessor to Lessee on demand;
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(b) elect to seek specific performance of Lessor's
obligations under this Lease, to obtain
injunctive relief, if applicable, and to see
any other legal or equitable remedies available
to Lessee.
(c) In no event, however, shall Lessee have any
right of deduction or offset of Lessee's rent
or other amounts payable hereunder.
3 . Subject to the limitations of Section 768.28,
Florida Statutes, Lessee shall indemnify Lessor
against all expenses, liabilities, and claims of
every kind, including reasonable counsel fees, by
or on behalf of any person or entity arising out of
either (a) failure by Lessee to perform any of the
terms or conditions of this Lease, (b) any injury
or damage happening on or about the Demised
Premises, except as may be caused by the negligence
of Lessor or Lessor's agents or invitees, (c)
failure by Lessee to comply with any law of any
governmental authority, or (d) any mechanic's lien
or security interest filed against the Demised
Premises or equipment, materials, or alterations of
buildings, or improvements thereon, not to include,
however, activities of Lessor, Lessor's agents or
representatives.
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14. LIENS
If any mechanics, laborer's, materialman's or any
other lien shall at any time be filed against the Leased
Premises or the tower as a result of Lessee's occupancy
or construction thereon, Lessee shall, within thirty (30)
days after such lien is made or filed, cause the same to
be discharged of record by payment or order of a court
of competent jurisdiction, or otherwise. Notice is
hereby given that the Lessor shall not be liable for any
labor or materials furnished to the Lessee and not
mechanic's or other lien shall attach to or affect the
reversionary or other estate or interest of Lessor in and
to the property leased herein.
15. CONDITION OF SITE
Upon termination or expiration of this Lease, Lessee
will surrender the site to Landlord in good condition
except:
(a) for reasonable wear and tear, or
(b) for damage due to causes beyond Lessee's
control or without its fault or negligence, or
(c) both.
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lb. L1•.bbt,t'b tcl(J1 L •lv t"AIN AIS b 1} .Utc1 4 x
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16. LESSEE'S RIGHT TO MAINTAIN SECURITY
Lessee, at is cost and expense, may
replace,construct, and maintain a fence around any
equipment building housing Lessee's equipment, or
undertake any other appropriate means to restrict access
thereto. Lessee shall ensure that parties using the same
building to house their equipment shall be given
reasonable access thereto.
17 . WARRANTY OF TITLE AND RIGHT TO LEASE
(a) Lessor warrants that:
• 1. Lessor owns the Demised Premises and has rights
of access thereto;
2. Lessor has full right to make this Lease; and
3. Lessee shall have quiet and peaceful possession
of the premises during this term. Lessor is
prepared to document its interest in the
premises.
(b) Lessor warrants that the making of this Lease and
the performance thereof will not violate any zoning
or other laws, ordinances, restrictive covenants,
or the provision of any mortgage, lease, or other
agreements under which Lessor is bound and which
restricts the Lessor in any way with respect to he
use or disposition of the premises.
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18. SUBORDINATION
Lessee agrees that this Lease, or subleases and
licenses under this Lease, shall be subordinated to any
mortgage or trust deed now or hereafter in force against
the Leased Premise unless such document provided
otherwise. Lessor agrees, however, that if Lessee is not
then in default, such subordination shall not result in
the rights of Lessee under this Lease being cut off or
affected by foreclosure of any such mortgage or trust
deed.
19. NOTICES •
Any notice or demand required or permitted to be
given or made hereunder shall be given or made by mail
or Western Union mailgram, addressed as set forth on Page
1 of this Lease. Any such notice or demand shall be
determined to have been given or made at the time it is
sent. Lessee or the Lessor may from time to time
designate any other address for this purpose by written
notice to the other party.
20. EMERGENCY GENERATOR
Lessee may, at its discretion, install emergency
electrical generators at the Antenna Tower site. If
Lessee elects to connect such emergency electrical
generating equipment, Lessee agrees to assume all cost,
19
161. i3
risk and responsibility involved in making such
connection and agrees to indemnify and save harmless the
Lessor from and against any and all claims, demands,
suits, action, recoveries, judgments and costs and
expenses resulting from injury or damage to person or
property due to or arising out of resulting for or in any
way connected with Lessee's use of emergency generating
equipment, subject to the limitations of Section 768.28,
Florida Statutes.
21. AGREEMENT NOT TO INTERFERE
Lessee acknowledges that Lessor intends to enter
into or has entered into tower lease agreements with
Motorola, Collier County Sheriff's Department, Waterman
Broadcasting, GTE Mobilnet and the Drug Enforcement
Agency. Lessee agrees not to interfere with such
arrangements with the above tenants, or any other future
tenants that may occupy space on the tower. Lessee
further agrees that they will not, in any manner
whatsoever, attempt to solicit such business arrangements
away from Lessor.
22. SEVERABILITY
If any provision of this Lease shall be held to be
invalid, illegal, or unenforceable, the remaining
provisions shall be binding upon the parties and shall
20
1 6 C 1 3
be enforceable as though said invalid, illegal, or
unenforceable provision were contained herein, provided
however that, if the invalid illegal or unenforceable
provision goes to the heart of this Lease, the lease is
terminated.
23 . BENEFIT
The provision of this Lease apply to and are binding
upon the assigns, heirs, successors, executors and
administrators of the parties.
24 . SURVEY
Lessee shall have the right to survey the Parent tract,
Demised Premises and any Easement Area, at its sole
expense. Lessee agrees to provide Lessor with a copy of
the completed survey.
25. ASSIGNMENT AND SUBLETTING
Lessee shall not assign or encumber its interest in
the Lease or in the Demised Premises, or sublease all or
any part of the Demised Premises without Lessor's prior
written consent, which consent shall not be unreasonably
withheld, conditioned or delayed. Consent by Lessor to
assignment or subletting shall be deemed to be
unreasonably withheld if the proposed assignee is of such
financial standing and responsibility at the time of such
21
C13
assignment as to give reasonable assurance of the payment
of all rent and other amounts reserved in this Lease and
compliance with all of the terms, covenants, provisions
and conditions of this Lease. Nothing herein shall
preclude the sale by Lessor of all or any portion of its
property which includes the Demised Premises providing
that this Lease shall be binding upon and inure to the
benefit of Lessor's successors and/or assigns.
22
I6C13
IN WITNESS WHEREOF, the parties hereto affix on this the signature
page their hands and seals on the dates shown below.
WITNESSES LESSOR:
ALPINE BROADCASTING CORPORATION,
a Florida corporation
40 _-...__..d7.w-i
/`aT�� RMAN R. L •RTC
s President
. 04/ AJ417 ai
'fitness # '- Dated: w611 Jr c/C: /4 4:.i'�
r
(Corporate Seal)
LESSEE:
COLLIER COUNTY, a political
subdivision of the state of
Florida
BOARD " COU TY COMM ERS
BY:
\�% C.•
/BETTYE/J./;"1/L._...-
TTHEWS,
Chairman Li
Dated: ,624.S
Date: "/ "/'
ATTEST: DWIGHT E. BROCK, C RK Approve as to fo „ 4 1•;;a1 sufficie-,,
4... ..1—_ ___---
, 'lam • ASSltint 't:ufity r tJ\ey
24
16C13
Lease N8(xl
• FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this jilt day of
2003, at Naples, Collier County, Honda by and between Alpine Broadcasting
Corporation whose mailing address is 11800 East Tamiami Trail, Naples, Florida 34113,
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, LESSOR and LESSEE have previously entered into a Lease Agreement ("lease
Agreement")dated August 22, 1995;
WHEREAS,the LESSOR and LESSOR are desirous of amending that Lease Agreement,and
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:
Article 2.A,"Premises and Use of Site."shall be revised to include the following provision.
LESSEE shall be granted the right to sidemount two(2) VHF antennas and I 1/4 inch related cable
on the WAVV antenna tower at the 675-foot level. LESSEE shall remove its existing VHF paging
antenna from the 500-foot level and remove the NEXTEL antenna located at the 675' level,which
was installed by NEXTEL under a separate Lease Agreement between the LESSOR and NEXTEI..
• Article 3,"Term,"paragraph one,shall be deleted in its entirety and the following substituted in its
• place:
LESSEE shall have and hold the Leased Premises for a term of eight(8)years commencing on the
Commencement Date. LESSEE is granted the option, provided it is not in default of any of the
terms of this Lease,to automatically renew same for one(I j additional term of five(5)years,under
the same terms and conditions as provided herein. LESSEE may terminate this Lease, with or
without cause, upon sixty (60) day prior written notice to the LESSOR Said notice shall be
forwarded to the LESSOR'S address as set forth in this Lease, and shall become effective upon
placement of said notice in an official depository of the Unites States Post Office, Registered or
Certified Mail,postage prepaid.
3. Article 4, "Rent," first paragraph, is hereby deleted in its entirety and the following
provision is substituted in its place:
LESSEE shall pay LESSOR,monthly in advance,a fixed monthly rent of$6,540 52 for the initial
year of the Amendment, commencing on August I, 2002, and an additional four percent (4'%b)
increase compounded, for each year thereafter throughout the life of the !.case. The monthly tent
includes$3,503.02 for the ongrnal demised premises in the Lease Agreement and$3,037 50 tut the
additional demised premises at the 675 foot level
4. Except as expressly provided herein, the Lease Agreement remains in full force and dicer
according to the terms and conditions contained therein,and said terms a conditions are applicable
hereto except as expressly provided otherwise herein.
•
1
6C13
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First
• Amendment to Lease Agreement the day and year first above written
AS TO THE LESSOR: ALPINE BROADCASTING CORPORATION
DATED:
BY: —
ttncss pty�t JEFF 1 A 13ERT,General Manager
►/ 1)1 �C.F�.
(print name)
W93/Zt./
s(si nature)Aisl l 1?i-R
(prirft name)
AS TO THE LESSEE:
DATED: LI-I I-O BOARD OF COU -TY COMMISSIONERS,
COLLIER COU Y,FL FDA
ATTEST:
DWIGHT E.BROCK,Clerk BY:_
;,•�•C1.',1: 'JAMES N. COLETTA, CHAT AN
BY:�
Dep4ry((erk'
Atteitilli 40 Chair"(.1
s1Qli}tW4`oAjy.
•
Approved as to form and legal sufficiency:
Tho s C.Palmer
Assistant County Attorney
•
A