Agenda 07/27/2021 Item #19 107/27/2021
19.1
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with Marco Island Hospital, Inc., for temporary
space to be used by EMS during renovations to Marco Island Fire Station 50.
OBJECTIVE: To approve a Lease Agreement with Marco Island Hospital, Inc., for temporary space to
be used by EMS during renovations to Station 50, Marco Island.
CONSIDERATIONS: EMS currently co -locates with Marco Island Fire (MI Fire) for its operations and
living quarters at EMS Station 50, 1280 San Marco Road, Marco Island. MI Fire will be building a new
station and EMS will need to relocate to a temporary space for sixteen to eighteen months during
construction. EMS staff has identified a commercial space across the street from its current location. The
proposed leased property is located at 40 South Heathwood Drive, Marco Island, and is owned by Marco
Island Hospital, Inc. (MIH). The space is 1,200 square feet and will be used for an office, bunk room and
gathering area.
A Lease Agreement (Agreement) has been prepared which includes a twelve-month term with an
automatic one-year renewal term. Either party may terminate, at any time, by providing the other party
with a minimum of sixty days' written notice. The rent, which includes utilities, will be $1,600.00 per
month, and is below market value for this type of space with utilities included. MIH will provide all
repairs at the leased property. Both parties indemnify one another, and the County will provide the
required insurance coverage to MIH.
Approval of the following documents by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the
document(s) shall be enforceable against Collier County only to the extent authorized by law in the
absence of such ratification by that Board.
FISCAL IMPACT: The monthly rent of $1,600.00 shall be withdrawn from fund 490-144610-644100.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATION: This item has been reviewed for form and legality and requires a
majority vote for Board action. - JAB
RECOMMENDATION: That the Board approves the Lease Agreement with Marco Island Hospital,
Inc., and authorizes the Chair to execute the document.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Facilities Management
Division
ATTACHMENT(S)
1. Lease Agreement (PDF)
2. Floorplan MIH (PDF)
Packet Pg. 373
19.1
07/27/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 19.1
Doe ID: 16343
Item Summary: Recommendation to approve a Lease Agreement with Marco Island Hospital,
Inc., for temporary space to be used by EMS during renovations to Marco Island Fire Station 50.
Meeting Date: 07/27/2021
Prepared by:
Title: Accounting Technician — Emergency Medical Services
Name: Erin Page
06/23/2021 2:51 PM
Submitted by:
Title: Division Director - EMS Operations — Emergency Medical Services
Name: Tabatha Butcher
06/23/2021 2:51 PM
Approved By:
Review:
Emergency Medical Services
Agenda Clerk Preview
Facilities Management
Facilities Management
County Attorney's Office
Office of Management and Budget
Office of Management and Budget
County Attorney's Office
County Manager's Office
Board of County Commissioners
Tabatha Butcher
Director Review
Michael Cox
Agenda Clerk Preview
Michael Dowling
Additional Reviewer
Toni Mott
Additional Reviewer
Jennifer Belpedio
Level 2 Attorney of Record Review
Laura Wells
Level 3 OMB Gatekeeper Review
Laura Wells
Additional Reviewer
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Sean Callahan
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
06/24/2021 2:28 PM
Completed
06/25/2021 2:36 PM
Completed
07/26/2021 11:02 AM
Completed
07/26/2021 3:59 PM
Completed
07/27/2021 8:47 AM
Completed
07/27/2021 9:12 AM
Completed
07/27/2021 9:14 AM
Completed
07/27/2021 9:20 AM
Completed
07/27/2021 10:52 AM
07/27/2021 9:00 AM
Packet Pg. 374
19.1.a
LEASE AGREEMENT
THIS AGREEMENT, entered into this day of , 2021, by and between
Collier County Board of County Commissioners, whose address is 3299 Tamiami Trail East, Naples,
Florida 34112, hereinafter called the "LESSEE" and Naples Community Hospital, Inc., a Florida not
for profit corporation, whose address is 350 7"' Street N, Naples, Florida 34102, hereinafter called the
"LESSOR".
WITNESSETH, that, under the terms and conditions hereafter set forth, the LESSOR hereby
leases to the LESSEE, and LESSEE hereby leases from LESSOR, office space, containing 1,200
square feet of leasable area, and having an address of 40 South Heathwood Drive, Naples, Florida
34145 ("Premises"), as seen on the attached floorplan.
Article 1. LEASE TERM
This Lease term shall be for one year, commencing on August 1, 2021, and terminating on July 31,
2022. This Lease will automatically renew for one additional year under the same terms and
conditions herein. Either party will have the right to terminate this Lease by providing the other party
with at least sixty days advance written notice to the addresses stated above.
Article 2. USE
LESSEE acknowledges that the Premises will be used for a temporary EMS station and related
services, and for no other purposes or use. Furthermore, LESSEE shall not interfere with, nor conduct
any activity, which may injure or annoy other LESSEES within the Premises, nor use or occupy the
Premises in violation of any law, ordinance, government regulation or directive.
Article 3, BASE RENT
LESSEE shall pay to LESSOR, at the office of LESSOR, in lawful United States currency without
notice, demand, deduction or set-off, annual base rent in the amount ($19,200.00), to be paid in equal
monthly installments of ($1,600.00) on or before the first day of each calendar month during the Lease
Term. This monthly amount will be all inclusive of all utility charges. Base Rent is equivalent to
$16.00 per square foot. Payments of Base Rent not postmarked by the seventh day of the month shall
be subject to a late fee of One Hundred Dollars ($100.00).
Article 4. NO ASSIGNMENT OR ALTERATIONS
LESSEE shall not assign or encumber this lease, nor assign or transfer in any way the beneficial
interest in LESSEE's business, nor sublet the Premises, or any part thereof, nor use or permit the use
of the Premises for any purpose other than above provided, nor make any alterations or additions
thereto, without the written consent of LESSOR. No additions, fixtures or improvements may be made
by LESSEE without LESSOR's written consent. Such additions, fixtures and improvements, except
moveable office furniture, shall become the property of the LESSOR upon termination of this lease
and shall remain upon the Premises, unless LESSOR notifies LESSEE that the additional fixtures and
improvements are to be removed, in which case LESSEE shall remove them and return the Premises to
its original condition.
Packet Pg. 375
19.1.a
Article 5. PERSONAL PROPERTY — NEGLIGENCE OF OTHERS
All personal property placed or moved in the Premises above described shall be at the risk of the
LESSEE and owner thereof. LESSOR shall not be liable for any damage to such personal property, or
to the LESSEE arising from any act of negligence of any co -tenant or occupants of the building or of
any other person.
Article 6. USE AND OCCUPANCY — COMPLIANCE WITH LAWS AND REGULATIONS
LESSEE, in the use and occupancy of the Premises, shall promptly comply with all statutes,
ordinances, rules, orders, regulations and requirements of any governmental agency with authority in
respect of the Premises or LESSEE'S use thereof. LESSEE shall not do or permit any act which will
conflict with provisions of any insurance policies covering said Premises or improvements. LESSEE
will not use or permit to be used any part of the property for any immoral, dangerous, noxious, or
offensive purposes, and will not cause or maintain any nuisance in or about the Premises.
Article 7. DESTRUCTION OF PREMISES
If the Premises are destroyed or so damaged by fire or other casualty during the term of this
agreement, thereby becoming untenantable, either party then has the option to cancel this lease, and if
the lease is so cancelled, the rent shall be paid only to the date of such casualty. The cancellation
herein contemplated shall be effective by written notice directed to the other party.
Article 8. DEFAULT BY LESSEE
The following events shall be deemed to be events of default by LESSEE under this Lease:
LESSEE shall fail to pay any installment of rental or any other expense demanded by Landlord as
herein provided and such failure shall continue for a period of fifteen days.
LESSEE shall fail to comply with any term, provision or covenant of this Lease, other than payment of
rental or expenses demanded by LESSOR and shall not cure such failure within fifteen (15) days after
written notice thereof to LESSEE.
LESSEE shall desert or vacate any portion of the Premises or fail to continuously operate its business
in the Premises.
LESSEE shall do or permit to be done anything which creates a lien upon the Premises.
Article 9. LESSOR'S REMEDIES UPON DEFAULT
In the event of any default by the LESSEE under this lease or if the LESSEE shall abandon or vacate
said Premises before the end of the term, the LESSOR may, at its option and without limiting any
other right or remedy:
(a) treat the Lease as terminated and resume possession of the Premises, thereafter using the same
exclusively as his own for his own purposes, in which case LESSEE shall remain liable for and shall
pay to LESSOR all other damages and costs provided for herein including rental accruing prior to
termination of the Lease; or
Packet Pg. 376
19.1.a
(b) retake possession of the Premises for the account of the LESSEE, holding to LESSEE for
general damages, including the difference in good faith, the LESSOR is able to recover from a
reletting, in which case LESSEE shall be liable for and shall pay to LESSOR immediately the balance
of rent due for the remainder of the lease term. LESSOR shall then hold such money until the end of
the lease term, at which time LESSOR shall refund to LESSEE the actual amount of rent collected. or
(c) stand by and do nothing, and sue the LESSEE for the balance of rent due for the remainder of
the lease term together with all other damages and charges provided for herein, in which case all rent
for the balance of the lease term shall become immediately due and payable.
Article 10. ATTORNEY'S FEES COLLECTION COSTS AND LATE CIIARGES
LESSEE agrees to pay the cost of collections and reasonable attorney's fees on any part of delinquent
rental payments or other sums a collection agency, as well as any attorney's fee for the enforcement of
any of the provisions of this agreement. All checks returned for insufficient or uncollected funds shall
be subject to a charge of $50.00, which amount LESSOR may deduct from the security deposit.
Article 11. UTILITIES
It is understood that all utility costs, associated with use of the Premises will be paid to Lessor as part
of BASE RENT as stated in Article 3 above.
Article 12. MAINTENANCE
LESSEE agrees to maintain the Premises in a clean and orderly condition. It is understood that minor
interior repairs, such as painting touch ups, bulb replacements and fixture maintenance will be the
responsibility of LESSEE. All other maintenance and repair, including but not limited to repair and
replacement of HVAC, roof, ceiling, walls, windows, appliances, doors, plumbing, electrical,
pavement, landscaping and driveways are the responsibility of LESSOR.
Article 13. OUTSIDE AREA MAINTENANCE
Any outside area immediately adjoining the Premises shall be kept clean and free from dirt and
rubbish by LESSEE, and LESSEE shall not permit any obstruction or place any merchandise in such
outside area.
Article 14. PARKING LOT
LESSOR shall maintain the driveway and parking areas, and shall maintain the grounds and
landscaping as a common expense. LESSEE shall be permitted to park its ambulances in the parking
areas, and LESSEE'S employees and patrons shall have the use of driveway and parking area, but
LESSOR reserves the right to impose reasonable regulations for the common benefit of all persons
occupying the rental units located in the building. LESSOR reserves the right to designate which
parking spaces, if, any, is to be used by LESSEE and its employees.
Packet Pg. 377
19.1.a
Article 15. LESSOR'S RIGHT OF ENTRY FOR INSPECTION AND MAINTENANCE
LESSOR, or his agents, shall have the right to enter the Premises during all reasonable hours to
examine the same, to make such repairs, additions or alterations as may be deemed necessary for
safety and comfort of tenants, their employees and patrons, and for the preservation and maintenance
of the building, or to exhibit the Premises.
Article 16. REPRESENTATION BY LESSOR AND ACCEPTANCE OF PREMISES
LESSEE hereby acknowledges that neither the LESSOR nor the LESSOR's agent have made any
representations or promises in respect to the Premises other than those herein. LESSEE accepts the
Premises in the condition existing at the beginning of this lease and agrees to maintain Premises in the
same condition, order and repair excepting only reasonable wear and tear arising from use under this
agreement, and to make good to said LESSOR immediately upon demand, and damage to water
apparatus, electric lights, or any fixture, appliances or appurtenances of the Premises, or of the
building, caused by an act of neglect of LESSEE, his employees, agents, or invitees.
Article 17. BINDS SUCCESSORS AND ASSIGNS
This contact shall bind the parties, their successors, and assigns.
Article 18, TIME IS OF THE ESSENCE
Time is of the essence as to all the terms of this Agreement.
Article 19. WRITTEN NOTICE
Written notice, mailed or delivered to the Premises leased hereunder shall constitute sufficient notice
to the LESSEE and written notice mailed or delivered to the office of the LESSOR shall constitute
sufficient notice to the LESSOR, as to all instances herein contemplating notice. Any such notice
shall be deemed given when so mailed or delivered.
Article 20. RIGHTS CUMULATIVE
The rights of the parties shall be cumulative. The failure of either party to insist on a strict
performance of any provision herein is not a waiver of such provision in any other instance.
Article 21. SIGNS ADVERTISING AND BUILDING NAME
LESSEE shall submit to LESSOR for its approval, and LESSOR shall have the right to disapprove any
sign or other type of advertising (pennants, etc.), if in LESSOR's opinion it is not in keeping with the
overall Building architecture, color and graphic scheme. All signs shall be kept in good condition and
in proper operating order at all times at LESSEE's expense.
Article 22. SUBORDINATION BY LESSEE
This Lease is subject and subordinate to all ground or underlying leases and to all mortgages which
may now or hereafter by placed by the LESSOR on said Premises and improvements, and to all
renewals, modifications, consolidations, replacements and extensions thereof.
Packet Pg. 8
19.1.a
The preceding sentence shall be self -operative, and no further instrument of subordination shall be
required by any mortgagee or LESSEE. In confirmation of such subordination, the LESSEE shall
execute and deliver promptly any certificate on behalf of the LESSEE. Provided, however, LESSEE's
failure to execute such documents upon request shall not constitute a default hereunder.
Article 23. EMINENT DOMAIN
If the whole or any substantial part of said Premises be acquired or condemned by eminent domain for
any public or quasi -public use or purpose, the term of this lease shall terminate from the date of the
vesting of title in such proceeding, and the LESSEE shall not be entitled to any part of the award.
Article 24. WAIVER OF JURY TRIAL
The parties (to the fullest extent permitted by law) waive trial by jury in any action, proceeding or
counterclaim brought by either of the parties against the other on any matters arising out of this lease
of the relationship of LESSOR and LESSEE.
Article 25. INDEMNIFICATION HOLD-IIARMLESS AND INSURANCE
LESSOR shall not be liable to LESSEE or LESSEE'S employees, agents, or visitors, or to any other
person or entity whomsoever, for any injury to person or damage to or loss of property on or about the
Premises or the common areas caused by the act of LESSEE, its employees, licenses or agents, or of
any other person entering the building under the express or implied invitation of LESSEE or arising
out of the use of the Premises by LESSEE and the conduct of its business therein, or arising out of any
breach or default by LESSEE in the performance of its obligations hereunder or resulting from any
other cause, except for negligence by LESSOR, its Agent and/or assigns, and LESSEE hereby agrees
to indemnify LESSOR and hold it harmless from any loss, expense or claims arising out of such
damage or injury, including attorneys' fees.
LESSEE shall not be liable to LESSOR or LESSOR's employees, agents, or visitors, or to any other
person or entity whomsoever, for any injury to person or darnage to or loss of property on or about the
Premises or the common areas caused by the act of LESSOR, its employees, licenses or agents, or of
any other person entering the building under the express or implied invitation of LESSOR or arising
out of the use of the Premises by LESSOR and the conduct of its business therein, or arising out of any
breach or default by LESSEE in the performance of its obligations hereunder or resulting from any
other cause, except for negligence by LESSOR, its Agent and/or assigns, and LESSEE hereby agrees
to indemnify LESSOR and hold it harmless from any loss, expense or claims arising out of such
damage or injury, including attorneys' fees.
LESSEE, at its own expense, shall maintain through the entire lease term a Liability Insurance Policy
providing for the following coverages:
(a) Comprehensive general public liability insurance coverage including property damage coverage
of not less than One Million Dollars ($1,000,000.00) combined single limit.
(b) fire legal liability coverage of not less than Fifty Thousand Dollars ($50,000.00),
Packet Pg. 379
19.1.a
The above insurance shall , name LESSOR as an additional insured and waiving subrogation rights
against LESSOR. LESSEE shall deliver such insurance policy or a certificate of such polity to the
LESSOR, with a statement by the insurer that the insurer will notify LESSOR of any cancellation or
modifications of coverage.
Article 26. LEASE — ENTIRE AGREEMENT
This Lease constitutes the entire agreement between the parties. No representations, warranties or
promises pertaining to this lease or any property affected by this Lease have been made by, or shall be
binding on, either of the parties, except as expressly stated in this lease. This lease cannot be changed
orally, but only by an agreement in writing signed by the party against whom enforcement of any such
change is sought.
Article 27. 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
Department.
IN WITNESS WHEREOF, the parties have executed and delivered this lease on the date first
above written.
AS TO LESSOR:
AS TO LESSEE:
DATED:
Crystal K. Kinzel, Clerk
, Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
NAPLES COMMUNITY HOSPITAL, INC.,
a not -for -profit corporation
Print Name and Title
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Penny Taylor, Chair
Packet Pg. 380
cr
lo
ia
Z:
in
a
La
IF-
Y
j
iy
rf i ,� Z
i
41-
a
- - - - - - - - - - -
_~�� j � �'' � � ;fir � � � �
CL
in
- - - - - - - - - - -
Li
LL-
m
C)
Ld
LLI
CL
0>-O Ib
>
L)
I
5
I Packet Pg. 381 1