Resolution 2021-160 RESOLUTION No. 2021 - 1 5 0
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND
STREAMLINE WIRELESS LLC.
WHEREAS, Streamline Wireless LLC (Streamline), desires to utilize space within a
communications shelter owned by Collier County, a political subdivision of the State of Florida
("Collier County"), located at 1515 Benton Road, Naples, FL.
WHEREAS, the Lease Agreement provides for an initial three-year term with two automatic
three-year renewals. The annual rent for the first year will be One Thousand Five Hundred Dollars
($1,500.00), with three percent (3%) annual increases. Both parties have the right to terminate at any time
by providing the other party with written notice not less than ninety days prior to the intended termination
date.
WHEREAS, the Board of County Commissioners is satisfied that this property may be used by the
Streamline and is not needed for County purposes.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners does approve the Lease Agreement between Collier
County and Streamline Wireless LLC.
2. The Chairperson of the Board of County Commissioners of Collier County, Florida, is hereby
authorized to execute the Lease Agreement.
This Resolution adopted this 27nd day of July 2021, after motion, second and majority vote.
ATTEST:
Crystal K. Kinzel, Clerk BOARD F COUNTY COMMISSIONERS
COLLI R TY, FLO
BY: wv & Al! BY:
Attest as to Chairmaii°• y ate!
Penny Taylor, hairperson
Signature only.
Approved as to form and legality:
Jenni A. elpedio, A is t County Attorney
Lease# fi /5/
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") entered into this 7 day of � ' , 2021,
between COLLIER COUNTY, a political subdivision of the State of Florida, whose t ailing address is 3335
Tamiami Trail East Suite 101, Naples, Florida 34112, hereinafter referred to as "LE SOR", and Streamline
Wireless LLC whose mailing address is 552 Bay Villas Lane, Naples, FL 34108 hereinafter referred to as
"LESSEE".
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a portion of a County-owned
communications equipment shelter located at 1515 Benton Road, Naples, FL, for LESSEE'S fixed wireless
internet service operating from the commercial tower at this location, specifically: four (4) square feet of interior
space for LESSEE'S equipment rack, hereinafter referend to as "Demised Premises," as further described in
Appendix 'A' which is attached hereto and made a part hereof this Lease.
ARTICLE 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of three (3) years commencing on the date
in which the LESSOR executes this Lease. LESSEE is granted two (2) separate three-year renewals, provided it
is not then in default of any of the provisions of this Lease, under the same terms and conditions, as provided
herein, except as to the rental amount, as provided herein. Said renewals shall be automatic unless either party
exercises the termination process stated below.
Both LESSEE and LESSOR will be allowed to terminate this Lease by providing the other party with ninety
(90) days written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR.
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 that is not authorized by this Lease or is contrary to law or rules
or regulations of any public authority having jurisdiction over the Demised Premises.
ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Thousand
Five Hundred Dollars ($1,500.00) annually, due thirty days from execution of this lease and in subsequent years
due on January 1 each year thereafter throughout the life of this Lease.
If LESSEE elects to renew the Lease as provided for in Article 2 of this Lease the annual rent for each
renewal term shall increase 3% as outlined below.
Years 1-3 - $1,500.00 Years 6-9 $1,545.00 Year 9-12 $1,591.35
ARTICLE 4. Other Expenses and Charges
In consideration for the annual payment outlined in Article 3,LESSOR agrees to allow LESSEE to connect
its equipment to LESSOR'S electrical service. The rent includes payment for electrical modifications to the
Demised Premises.
LESSEE shall pay all other utility charges applicable to the Demised Premises including, but not limited
to, if applicable, charges for water, telephone, or other communications services used, rendered, or supplied
thereupon or in connection with the LESSEE'S use of the Demised Premises.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE
must 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, and in meaningful detail, 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 forty-five (45) 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 forty-five (45) days, there has been no response from LESSOR or its designee to
said proposals or plans, and then such silence shall be deemed as a DENIAL to such request to LESSEE.
LESSEE covenants and agrees in connection 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 other
governmental agencies having subject matter jurisdiction.
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 thirty(30)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.
ARTICLE 6. Access to Demised Premises
LESSEE,its duly authorized agents,and employees, shall have twenty-four access to the Demised Premises
for any necessary maintenance and repairs. Routine maintenance activities will be conducted during normal
working hours excluding County holidays. LESSEE shall notify LESSOR'S agent prior to entering the Demised
Premises.
Collier County Ordinance 2004-52 requires fingerprints and background checks for all vendors entering
County facilities. LESSEE'S duly authorized agents and employees must complete this process. LESSEE is
obligated to escort any agent or employee that is not properly credentialed.
ARTICLE 7. Assignment and Subletting
LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises or
permit any other persons to occupy same without the expressed prior written consent of LESSOR. Any such
assignment or subletting,even with the consent of LESSOR, shall not relieve LESSEE from liability for payment
of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and
covenants of this Lease unless a novation is expressly agreed to by LESSOR. The acceptance of rent from any
other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the
assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void.
ARTICLE 8. Indemnity
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged,
LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any
and all liability(statutory or otherwise),damages, claims, suits,demands,judgments, costs,interest and expenses
(including,but not limited to,attorneys' fees and disbursements both at trial and appellate levels) arising, directly
or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use
thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any
condition created(other than by LESSOR, its employees, agents or contractors)by or on behalf of LESSEE in or
about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by
LESSEE in the performance of LESSEE'S obligations under this Lease or otherwise, or (D)any act, omission or
negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case any action
or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs,
attorneys'fees,expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR
shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR.
The LESSOR shall not be liable for any damages to or loss of,including loss due to petty theft,any property,
occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless
from any claims for damages, except where such damage or injury is the result of the gross negligence or willful
misconduct of the LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved
by the Collier County Risk Management Department, for not less than One Million Dollars and No/Cents
($1,000,000.00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide
and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance
with the applicable State and Federal laws. The coverage shall include Employer's Liability with a minimum
limit of Five Hundred Thousand Dollars and No/100 Cents ($500,000.00) each accident.
Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such
insurance shall be provided to Real Property Management, 3335 Tamiami Trail East, Suite 101,Naples, Florida,
34112, or by fax: (239)252-8876, or by email to MichaelDowling@colliergov.net, for approval prior to the
commencement of this Lease Agreement; and shall include a provision requiring ten(10)days prior written notice
to Real Property Management in the event of cancellation or changes in policy(ies) coverage. 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.
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ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times, including the
removal of all solid, liquid, semisolid and gaseous trash and waste. If said Demised Premises are not kept clean
in the opinion of LESSOR, LESSEE will be so advised in writing. If corrective action is not taken within ten(10)
days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall
assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be
paid by LESSEE within ten(10) days of receipt of written notice of costs incurred by LESSOR.
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.
ARTICLE 11. Default by LESSEE
Not withstanding anything in the Lease to the contrary, LESSEE shall not be in default under this Lease
until:
A. Failure to pay rent or other sums due under this Lease, fifteen(15) days after notice of default.
B. In the case of any other default, thirty (30) days after receipt of written notice thereof of from
LESSOR; provided, however, where any such default cannot reasonably be cured within thirty
(30) days, LESSEE shall not be deemed to be in default under the lease if LESSEE commences
to cure such default within said thirty (30) day period and thereafter diligently pursues such cure
to completion, but in no event more than sixty (60) days after receipt of such notice.
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 written notice to LESSOR by LESSEE properly and
in meaningful detail 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
delivered to the other party at the following addresses, or changes thereto which have been notified to the other
party:
LESSOR: LESSEE:
Board of County Commissioners Streamline Wireless LLC
do Real Property Management Attention: Louis Elliott
3335 Tamiami Trail East Suite 101 552 Bay Villas Ln.
Naples, Florida 34112 Naples, Fl. 34108
Copy to: Telecommunications Manager
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ARTICLE 14. Surrender of Premises
Unless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed by
LESSEE or authorized 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.
ARTICLE 15. Environmental Concerns
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR,
from and against all costs(including attorney's 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 harm to the environment.
ARTICLE 16. Interference
LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and
maintenance will:
A. Not irreparably damage the LESSOR'S structure and accessories thereto.
B. Not interfere with the operation and maintenance of any of the LESSOR'S systems or create a nuisance for
LESSOR.
C. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical
codes of the State and/or the jurisdiction having authority over the Demised Premises.
D. Subsequent to the effective date of this Lease,LESSOR will not grant a similar rental agreement for any radio
communication facility if such grant would in any way interfere with LESSEE'S communication equipment.
ARTICLE 17. 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 18. Extent of Liens
All persons to whom these presents may come are put upon notice that no interest of the LESSOR in the
Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also 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 19. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 20. Governing Law
This Lease shall be governed by 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 THE LESSOR:
DATED: ,2 l
ATTEST: BOARD OF O. TY COMMIS ONERS
Crystal J. Kinzel , Clerk COLLIER !' n. Y, FLORID
BY:
Attest as t0 Obi pu ler Penny Taylor, C irman
sipatureertiv.
AS TO LESSEE:
DATED: 772!/
Z 1 STREAMLINE WIRELESS LLC.
BY:
S ignature) Louis Elliott, anager
ILt' J14110 11
(print name)
WITNESS (s. nature)
ai. Cep
(print name)
Approved as to form an leg 'ty: CC)`
Jennife . Belpedio, Assistant m S
y Attorney 1
Appendix A
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