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Agenda 11/08/2022 Item #16C 7 (Site Use Lease Agreement w/State of Florida Department of Management Services)11/08/2022 EXECUTIVE SUMMARY Recommendation to approve a Site Use Lease Agreement with the State of Florida, Department of Management Services to continue service for the statewide law enforcement radio system known as SLERS. OBJECTIVE: To approve a Site Use Lease Agreement with the State of Florida, Department of Management Services to continue service for the statewide law enforcement radio systems known as SLERS. CONSIDERATIONS: On March 26,2002, the Board approved a Lease Agreement with M/A Com Private Radio Systems, Inc., for shared use of four communication sites. M/A Com was under contract to the State of Florida for a statewide law enforcement radio system known (SLERS) using the same technology as Collier County's Legacy system. M/A Com's contract was a unique public/private partnership whereby M/A Com constructed, owned, and operated radio transmission sites for the State of Florida. L3Harris Technologies was the successor to M/A COM. The initial twenty-year term of the Lease Agreement generated revenue exceeding $2.7 million. The L3Harris Technologies' (Harris) contract with the State of Florida for SLERS expired on June 30, 2021. The State of Florida received approval from the State Legislature to renew the contract with Harris. Harris notified Collier County to extend and modify this Agreement to meet contractual obligations to the State of Florida. On October 12, 2021, the Board approved an Assignment and Assumption of Lease Agreement with L3Haffis under agenda item 16.C.3. addressing the revised terrns of the Agreement until such time that the State was authorized to enter into a direct agreement with the County. With the State's approval to enter into an Agreement with the County, the attached Agreement addresses those revisions and includes: • an initial fifteen -year term, with two, addition five-year renewals. • the annual rent shall be $91,300.24 as of July 1, 2022, with two percent annual increases thereafter. • an early termination provision for each party to provide a sixty-day written notice • the inclusion of an accurate list of shared components and proper allocation of responsibility for maintenance and replacement between Collier County and the State. FISCAL IMPACT: The annual revenue shall continue to be deposited into the 800 MHz IRCP Fund, 188- 140480-362110. The annual rent shall be $91,300.24 as of July 1, 2022, with two percent annual increases thereafter. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. -RTT RECOMMENDATION: To approve and authorize the Chairman to execute Site Use Lease Agreement with the State of Florida, Department of Management Services. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division ATTACHMENT(S) 1. State of Florida Site Use Agreement State Signed 10-27-2022 (PDF) Packet Pg. 826 11/08/2022 COLLIER COUNTY Board of County Commissioners Item Number: 16.C.7 Doe ID: 23376 Item Summary: Recommendation to approve a Site Use Lease Agreement with the State of Florida, Department of Management Services to continue service for the statewide law enforcement radio system known as SLERS. Meeting Date: 11/08/2022 Prepared by: Title: Property Management Specialist, Senior — Facilities Management Name: Michael Dowling 10/26/2022 3:17 PM Submitted by: Title: — Facilities Management Name: John McCormick 10/26/2022 3:17 PM Approved By: Review: Facilities Management John McCormick Director - Facilities Emergency Management Daniel Summers Additional Reviewer Public Utilities Operations Support AmiaMarie Curry Additional Reviewer Facilities Management Jennifer Belpedio Manager - Real Property Public Utilities Department Drew Cody Level 1 Division Reviewer Public Utilities Department George Yilmaz Level 2 Division Administrator Review County Attorney's Office Ronald Tomasko Additional Reviewer Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Office of Management and Budget Laura Zautcke Additional Reviewer County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review County Manager's Office Dan Rodriguez Level 4 County Manager Review Board of County Commissioners Geoffrey Willig Meeting Pending Completed 10/26/2022 3:40 PM Completed 10/28/2022 9:24 AM Completed 10/28/2022 10:50 AM Completed 10/28/2022 3:24 PM Completed 10/31/2022 11:53 AM Completed 10/31/2022 1:21 PM Completed 11/01/2022 10:16 AM Completed 11 /0 1 /2022 10:23 AM Completed 11/01/2022 11:16 AM Completed 11/01/2022 4:14 PM Completed 11 /02/2022 8:54 AM 11 /08/2022 9: 00 AM I Packet Pg. 827 1 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 Lease # SITE USE LEASE AGREEMENT U_ THIS SITE USE LEASE AGREEMENT ("LEASE") is made effective this 4- day of 2022 (the "Effective Date"), 0 2 between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing 2 co address is in care of Real Property Management, 3335 Tamiami Trail East, Naples, Florida a) 34112, hereinafter referred to as "LESSOR", and the STATE OF FLORIDA, DEPARTMENT :E OF MANAGEMENT SERVICES, an agency of the State of Florida, whose mailing address 2� is 4030 Esplanade Way, Tallahassee, Florida 32399, hereinafter referred to as "LESSEE." 3: RECITALS WHEREAS, LESSEE as "Tenant," and the LESSOR, as "Landlord," or their respective predecessors -in -interest, previously entered into a twenty-year lease agreement dated March 26, 2002, as amended (the "2002 Lease"), pursuant to which LESSEE and LESSOR agreed to share equipment space and technical resources, including microwave backhaul, at communications sites as identified in attached Schedule 1, to allow LESSEE to operate and maintain telecommunications equipment for the State of Florida Statewide Law Enforcement Radio System ("SLERS"); WHEREAS, on October 12, 202 1, the Collier County Board of County Commissioners, agenda item 16.C.3, approved assignment of the 2002 Lease from L3 Harris Technologies, Inc., to the State of Florida for the use of the properties as necessary for the facilitation of telecommunications, radio, and television broadcasting, and other related uses; WHEREAS, LESSEE desires to continue to use LESSOR'S property, at the sites identified in Schedule 2, for the limited purpose of operating wireless communications facilities, subject to the terms and conditions set forth herein; WHEREAS, LESSOR desires to permit LESSEE the right to use LESSOR'S property subject to the terms and obligations set forth herein; and WHEREAS, LESSEE is currently a tenant on LESSOR'S property. AGREEMENTS NOW THEREFORE, based upon the foregoing recitals and in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, LESSOR and LESSEE agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR equipment space and technical resources, including microwave backhaul. within respective ground -shelters, as described in Schedule 2 and which is attached hereto and made a part of this LEASE, hereinafter called the "Demised Premises", situated in the County of Collier and the State of Florida. LESSOR grants these spaces to the LESSEE for the purpose of operating the SLERS network, I Packet Pg. 828 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DF107ID9 the state-wide public safety radio system. LESSOR represents that it is the Owner of the Demised Premises and as long as LESSEE is not in default as provided in Article 11 hereof, LESSEE shall have quiet enjoyment of the Demised Premises. Schedule 1, which is attached hereto and made a part of this LEASE, identifies the only communications sites addressed in this LEASE. Any additional communications sites identified in Schedule 2 are for informational purposes only. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of fifteen (15) years, hereinafter referred to as "Initial Lease Term," commencing on the Effective Date established above. The Initial Lease Term will terminate the day before the fifteenth (15) anniversary of the Effective Date. LESSEE is granted two (2) separate options, provided it is not then in material default of any of the provisions of this LEASE, to renew same for an additional five (5) years each under the same terms and conditions, as provided herein, except as to the rental amount, which will escalate as provided herein, by giving written notice of LESSEE'S unconditional 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 actual receipt by LESSOR. Both LESSEE and LESSOR will be allowed to terminate this LEASE by providing the other party with sixty-day (60) written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE shall be granted an additional one -hundred twenty (120) days from the aforementioned sixty—day (60) notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises. LESSOR will grant LESSE additional time for relocation, provided LESSEE exhibits good faith in meeting the LESSOR's request. In addition, 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. Annual Rent [Reserved] ARTICLE 4. Other Exuenses and Charges LESSOR shall pay electrical utility charges applicable to the Demised Premises. Any other utility services desired by LESSEE will be at LESSEE'S expense. ARTICLE 5. Modifications to Demised Premises Prior to making any material changes, alterations, additions or improvements to the Demised Premises, LESSEE must provide to LESSOR all plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the U_ 4- 0 co a) :E 3: — -0 Packet Pg. 829 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 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, 0 U_ improvements, alterations, or additions. LESSOR shall not unreasonably withhold or condition 4- its consent to required or appropriate alterations, improvements, changes or additions proposed 0 2 by LESSEE. All 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 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. E 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 Dernised 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 in a reasonable manner at LESSEE'S expense. ARTICLE 6. Access to Demised Premises [Reserved] ARTICLE 7. Assiunment and Subletting [Reserved] ARTICLE 8. Indemnity [Reserved] ARTICLE 9. Insurance Without waiving the right to sovereign immunity as provided by Section 768.28, Florida Statutes, both the LESSEE and the LESSOR acknowledge to be self -insured for General Liability under Florida sovereign immunity statutes with coverage limits of $200,000 per person and $300,000 per occurrence, or such monetary waiver limits that may change and be set forth by the Florida Legislature. In the event that either the LESSEE or the LESSOR maintains third - party Commercial General Liability in lieu of exclusive reliance of self-insurance policies, it shall include limits not less than $500,000 combined single limit for bodily injury or property damage. Upon request, evidence of LES SE'S insurance shall be provided to Leasing Agent, Real Property Management, 3335 Tamiami Trail E, Naples, Florida, 34112. ARTICLE 10. Maintenance F Packet Pg. 830 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 To the extent not caused by LESSOR, LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. If due to the actions or inactions of LESSEE 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 be paid by LESSEE in accordance with section 215.422, Florida Statutes. LESSEE, at its sole cost, shall repair all damage to the Dernised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. LESSOR, at its sole cost, shall repair all damage to the Demised Premises caused by LESSOR, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. 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 accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. LESSOR agrees to grant to any company providing utility or similar services to LESSEE, including electric power and telecommunications, an easement over the Property from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such companies may ftom time to time require in order to provide such services to the Premises. Upon LESSEE'S or the service company's request, LESSOR will execute a separate recordable easement evidencing this grant. ARTICLE 11. Default by LESSEE Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in sixty (60) days (or such additional time as is reasonably required to correct such default) from receipt of written notice to LESSEE from LESSOR with any provision or covenant of this LEASE in such meaningful detail specifying wherein LESSEE has failed to perform such obligation, shall constitute a default whereby LESSOR may, at its option, terminate this LEASE by giving LESSEE thirty (30) days written notice to vacate the Demised Premises unless the default is fully cured within that thirty (30) day 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 except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Material falsification by 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 of bankruptcy. U- 4- 0 2 co a) :E 3: ,It Q F—Packet Pg. 831 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. 0 U- 4- (f) If LESSEE suffers this LEASE to be taken under any writ of execution. 0 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 Dernised 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. E 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 is not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law or otherwise. 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 With the exception of emergency notices addressed in Attachment A, Section 11.7, any notices, requests and demands hereunder which LESSOR or LESSEE may be required to give to the other party shall be in writing delivered to the other party by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to LESSOR: Board of Collier County Commissioners, a political subdivision of the State of Florida, c/o Real Property Management 3335 Tamiami Trail East — Suite 101 With a copy to: Radio Communications Manager If to LESSEE: State of Florida, Department of Management Services, an agency of the State of Florida Attn. Contract and Project Manager: Sunshine Donaldson Division of Telecommunications F Packet Pg. 832 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 Department of Management Services 4030 Esplanade Way, Suite 180 Tallahassee, Florida 32399-0950 Telephone: (850) 329-9217 Email: sunshine. donaldson(a)dms. fl.gov With a copy to: Attn: Lease Manager Nicole Todd Division of Telecommunications Department of Management Services 4030 Esplanade Way, Suite 180 Tallahassee, Florida 32399-0950 Telephone: (850) 414-6999 Email: Nicole. ToddAdins. fl. gov With an email copy to: Public Safety Leasing Manager Email: SLERSIcasing(&dms.fl.gov LESSOR or LESSEE may from time to time designate any other address for this purpose by written notice to the other party. ARTICLE 14. Surrender of Premises Unless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed by LESSEE or 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. 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 or otherwise as of the date of the commencement of this LEASE. (a) Rights not specifically granted the LESSEE by this LEASE are hereby reserved to the LESSOR. U_ 4- 0 Packet Pg. 833 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Dernised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may U- be imposed due to the creation, by this LEASE, of a leasehold interest in the Demised 4- 0 Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. Environmental Concerns [Reserved] ARTICLE 17. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: (a) Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto. (b) Not interfere with the operation of LESSOR'S or LESSOR'S current tenants radio equipment. 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 LEASE shall terminate. (c) Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concerned. ARTICLE 18. 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 19. 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 20. Effective Date -C� Packet Pg. 834 1 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 This LEASE shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 2 1. Governing Law [Reserved] ARTICLE 22. Destruction or Eminent Domain In the event any portion of the Demised Premises are damaged or destroyed or taken by eminent domain to an extent in the reasonable opinion of LESSEE that LESSEE cannot carry out its operations as intended, LESSEE may terminate this LEASE by giving LESSOR thirty (30) days' written notice of its intention to do so. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 0 U- 4- 0 Packet Pg. 835 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: ATTEST: Crystal K. Kinzel, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA WN William L. McDaniel, Jr., Chairman AS TO LESSEE: DAT State of lo epartment of Management Services 10/26/2022 13:20 PM EDT al W&P BY: ptuist, §Aiws W-1TKV99'(;i"gnature) Caitlen Boles Denise Adkins Print Name F Doc ; uSigned by W I I ffe"s'srs "ig 7n a t u r e) Brianna Beynart Print Name Print Name Ap o d t fo and legal su iciency: /'konald T. Tomasko, Assistant County Attorney U- 4- 0 E U F Packet Pg. 836 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 SCHEDULE1 COMMUNICATION SITES Site Name Site ID No. CARNESTOWN X601b IMMOKALEE X603 1-75 EAST X609b MARCO ISLAND X666 U- 4- 0 Packet Pg. 837 a j! 21.1 E 3 A 1 A 12 g a 15 i2 A LL 4- 0 Co a) :E IE :x3 QE 3 E. 3: I Packet Pg. 838 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 EXHIBIT A — IMMOKALEE LEGAL DESCRIPTION OF THE PROPERTY U- 4- 0 AILTEL site name: Immokalee ALLTRL site #p 142 Owned (or leased) Lemed Addiess: 312 Stodmde Rd. Immokalee, YL 33934 Tax Parcel # 00 1 -0208400 E 0 Legal Description: Being apart of the Northeast 1/4 of the Northwest V4 of Section IS, Township 47 Soath) Range 29 East, Collier County, Morida All that part of the northeast 1/4of the northwest V4 of Section 15t Township 47 South, Rxige 29 East, Collier County, Florida, being more parti ou larly described as fol lows: Commencing at the northwest corner of said Section 15; thence along the north line of said Section 15, North 845 8'46" East 1353.69 feet to the west line of the northeast V4 comer of tho northwest 1/4of said Soction 15; thmce along said west JIM South 04011 1 18" West 687.64 fect, thence leaving said West line North 8504842" East 15.00 feet to the Point of Beginning; thence Notth 03001'07 71 West go.00 feet; thence North 86'58'53" Fast 100.00 feet thence Soutb 03'01'07" Pad 80.00 feeti thence South 86'58'53" West 100.00 feet to the Point of Beginning; Subject to easements and restrictions of record; Bearings are assumed and based on the north line of Wd Section 15, being North 84'58'46" East; ConWning 0, IS aores more or less. Packet Pg. 839 nn—�z; , r--l- 1r% r)7Q1C:D1') AMAP AAMC nOn7 Q-')�AnCln7�nn ---FMCJ.a� �J LEGAL DESCRIPTION OF THE PROPERTY LEGAL DESCRIPTION : PROPOSED TOWER SITE A parcel cf. land lying in Section 25, Township 52 South, Range 29 East, Collier County, Florida, more particularly described as follows: Commence at the point of intersection of the East right of way line of State Road No. 29 and the South right of way line of Tamiami Trail; thence on the South right of way line of Tamiami Trail, South 65'2013111 East, a distance of 206-19 feet; thence departing said right of way line, South 24*35'46" West, a distance of 143.76 feet, to the POINT OF BEGINNING; thence South 65'24'14" East, a distance of 100-00 feet; thence South 24'35'46-- West, a distance of 50.00 feet; thence North 65*24'14" West, a distance of 100.00 feet; thence North 24*35'46" East, a distance of 50.00 feet, to the POINT OF BEGINNING. The above described parcel contains 0.1148 acres of land, more or less. LEGAL DESCRIPTION : 20-00 FOOT WIDE INGRESS / EGRESS AND UTILITY EASEMENT A parcel of land lying in Section 25, Township 52 South, Rance 29 East, Collier County, Florida, more particularly described as foll�ws: Commence at the point of intersection of the East right of way line of State Road No. 29 and the South right of way line of Tamiami Trail; thence on the South right of way line of Tamiami Trail, South 65*2013111 Eajtf a distance of 186.19 feet, to the POINT OF BEGINNING; thence continue on said right of way line, South 65*20131" East, a distance of 20.00 feet: thence departing said right of way line, South 24*3514611 West, a distance of 193.76 feet: thence North 65?2411411 West, a distance of 20.00 feet: thence North 24 35'46" East, a distance of 193.78 feet, to the POINT OF BEGINNING. The above described parcel contains 0.0890 acres of land, more or less. LEGAL DESCRIPTION : 15.00 FOOT WIDE ELECTRIC LINE EASEMENT A parcel of land lying in Section 25, Township 52 South, Range 29 East, Collier County, Florida, more particularly described as follows: Commence at the point of intersection of the East right of way line of State Road No. 29 and the South right of way line of Tamiami Trail; thence on the East right of way line of State Road No. 29, South 29*2811711 West, a distance of 230.93 feet, to the POINT OF BEGINNING; thence departing said right of way line, North 85*14'18" East, a distance of 181.77 feet; thence South 23*31154" East, a distance of 112.73 feet; thence North 24'351461, East, a distance of 22.24 feet; thence South 65*24'14" East, a distance of 15.00 feet; thence South 24*35146" West, a distance of 35.68 feet; thence South 66*28'06" West, a distance of 15.00 feet; thence North 23'3115411 West, a distance of 122.13 feet; thence South 85"14118" West, a distance of 181-23 feet to the intersection with the East right of way line of State Road No. 29; thence on said right of way line, North 29*2811711 East, a distance of 18.14 feet, to the POINT OF BEGINNING. The above described parcel contains 0.1164 acres of land, more or less. This is to certify that this SKETCH of 'legal description meets the minimum technical standards of Chapter 21 HH-6, Florida Administrative Code, to the best of my knowledge and belief. PIMM-WOODS ENGINEERING KPA.N Y��- 71OZ Date Prepared RiWhard CZ H6TOKI X'crida R.L.S. No. 3809 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 91 9 t 8ea,,-,-y.r r-- #0— 42-r-P' — xas,rti,31-e /*or po-4e .f/,w /,?w 7/1 .04p,wMI at ew� pa�Alfff, -tv e,7,.r . Affre Ampe.,47 jole r , 47C. , A aa/ed 11-10-11. IV 0sre- 7W a,' 1.4e W%i-r d&rl Mv 1,&e ao' Jrof'41*t'�O' .-- I Salh nvll I 0 :.F(;Ai DESCRO-TION: 'I'OWFR SITE 7 South, R?lt,u-- 2�1 A pateel of land lyitlq In sectiun 2',, Towliship %, Colliet County, Florida, more particularly described or, follows: Co menre at Intersection of the Kast right of way 11" of state Road Nn - 29"nod the South right Of wny line of Taffliami Trail; thence an the South r-ight of way line of saia 'raminmi 1'rell, South b5*20'31" Post, ' a distance. of 206.35 feet: t1jelicP. departing �Aid right of way line, South 24 39'29" West, a distance f 143.76 feet, to thp I10IN,r or 11F.GINNING; ther—e- SoutM 6S*24*14" 0 t :e of E "t, a dis ance of 100.,lo feat: thence South 24'J5146" West, a distan N0.0 feet; thence Worth 6% 24'14" West, a distance Of loo.00 feet; thence North 24"35146" Emst, a distance of -so).no feet, to the tK)TNT OF BEGINNING. The ahove described parr-01 rontninn L).11411 arl"Ps Of land, more or Jeer 'rhi 8 Is to certify that th"; SKEIL-11 'If 1*4al descriptiol, mepts th* minimum technical stan-tards ot �:jjnptev 21 IIH-6. Florida Administrative Code, to the tmat ot my kii,wledge and belief. 1,IMM-WOODS ENGINEERING '0HPANY Date Prepared K%h:rd C. ummel V r da R.L.S. NO. 3809 -we,, -�� .. C?" PIMM—WOODS ENGINEERING CO. rIVIL I LX0. *,URYE.Y,0K3 F1.6d. A _ 03) I �-W NOT VALID UNLESS A TE v.,v4, qt EMBOSSED WITH — SURVEYORS SEAL. cwr� REM S&Lrrc# &v Ziew. &.refflorlowl 1 47.re Waelz*or , 1we. 1 ff—"Mmk J DATE ICOMMENT I 0 LL 4- 0 In .2 —j W In Packet Pg. 841 DocuSign Enveiope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 !Dent bli : I I L;Uell-U I LK�)Ul-FUK I uct-1z)-ul uv:�b from 5305306-> Page 4 / 4 ExiiiBrT ,A,, SITE SURVEY WITH ACCESS AND UTILITY EASEMENT (Page 2 of 2) 0 E: OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLE5, FLORIDA 34112 4- 0 (941) 774-8192 2 /—P 0 C SKETCH OF DESCRIPTION N.'W.' �ORNER sEr,, 15, TWP, 47 S, REG. 29 E, ROAD P-0-B, SSTOCKA E a-74.95' (D 15' 27.69' S -40'20'E, .06 —j 4) 7.5' 5 8.4 9' CL 15' EASEMENT V) Fn 98.84' Ln to cn 102.201 514- in to Zp S.Orm'20'13'E, 04 04 Q 76,19' 04 04 4 6.7 4' S.09*05'40'W, Fn 9.50, cn 30,151 29-00' L (D E 99-50, 156,471 N,85- 9,il'E� \JEST LINE CF THE---� 7,501 S.q(,-j3101'w. 403-92' (q.E. 1/4 OF THE N.W. S 04*11'18'E. < 1/4 OF SEr,. 15, TWP, 3DA51 (D 47 S., RGr- 29 E. 15-00' U3 (D P.O.T. GENERAL NOTES �u 1) P.0-C, incilc6.tes Poln'LL of Commencement r,o M 2) P.D.B. N Point of Beginning jr)Lilca-te, SQc, lncllca'cvs Sectlon z 0 4 > Twp, Inclicates Townchlp LL 4- 5) Rge. 1r,d1rates Range 0 6) R/w linclicates Rli@ht-OF-)MY 4) 7) At( olstancel,' Qr'w In Pee-t ,t-,,A cleclmcs thereo�p S.86-24'59'W- Bctsis oF ioearIngs is the North Line of c/) sectioll 15 being N.85*58146'E. 415-16' .c -ql9necl cknc( seatecl wlth the embossed 9) Not VC%(Id un�E5. 5ectl of the pro�essic)ncxl land 5ut-veyor (D E THIS 15 ONLY A SKETCH ORAWN r. (�4�KEO ,T--T5aLE! � I rllTF: I FUX NO.; SHEET 2 OF 2 < SCALE 03 L, �M,R, PiR—IMTWR F Packet Pg. 842 3-4 0 6 V A 3 1 n o s b 31 11 0 0 . I 1 0 s 0 D I x 3 A �o A-i . �—q 16.C.7.a 0 EL 4- 0 Cu -z z z . L 20 z. z Packet Pg. 84" E .2 —j 0 Cn Cn 514- DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 ATTACHMENT A SPECIAL CONDITIONS FOR THE STATE OF FLORIDA U- 4- 0 4) Capitalized terms within this document are as defined in the Site Use Lease Agreement (Agreement), unless otherwise indicated. In the event of conflict between the Agreement and this attachment, this attachment shall take precedence. Whereas, the services necessary for the operation of the "statewide radio communications system to serve law enforcement units of state agencies, and to serve local law enforcement r- agencies through mutual aid channels" is authorized under 282.709 Florida Statutes and pursuant (D to Chapters 2021-036 and 2021-037, Laws of Florida. E Whereas, the Department of Management Services has been directed to (1) enter into Contract No: DMS-20/21-162 with L31-larris, executed 6/30/21 to last 15 years, to perform these services under Chapter 2021.36 Laws of Florida, General Appropriations Act line 2860-2860A and (2) take assignment and pay rents for the radio towers lease on which the SLERS system is operated. 1. State of Florida Mandatory Provisions Appropriation. Pursuant to section 255.2502, F.S., the State of Florida's performance and obligation to pay under the Agreement is contingent upon an annual appropriation by the Legislature. 2. Public Records. To the extent required by the Florida Public Records Act, Chapter 119, F.S., the Contractor shall maintain and allow access to public records made or received in conjunction with the Agreement. The Agreement may be terminated for cause by the Agency for the Contractor's refusal to allow access to public records. 3. Invoices. Invoices to the Lessee shall be paid in advance and in accordance with section 215.422, Florida Statutes (F.S.), and Lessor can contact the Vendor Ombudsman at (850) 423-5516 if Lessor is having trouble obtaining timely payments. Lessor shall provide Lessee with an invoice by email to divtel.invoices@dms.fl.gov prior to the time payment is due. Invoices that are not submitted to this email address shall not be deemed submitted to the Lessee. 4. Governing Law. The Agreement will be governed by and construed in accordance with the laws of the State of Florida. Exclusive jurisdiction and venue for suit arising under the terms of the Agreement will be in the appropriate State court located in Collier County, Florida. 5. Insurance. [Reserved] 6. Cooperation with the Inspector General. Lessor understands its, and its subcontractors (if any), duty, pursuant to section 20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. 7. No Waiver of Sovereign Immunity. Nothing contained in this Agreement shall be deemed a waiver, expressed or implied, of the Parties' sovereign immunity or an increase in the limits of liability pursuant to Section 768.28, Florida Statutes, Packet Pg. 844 DocuSign Envelope ID: D783EB12-ADAG-4ADF-9OD7-33C4DF107ID9 regardless of whether any such obligations are based in tort, contract, statute, strict liability, negligence, product liability or otherwise. 111. Agency Requirements 1. The Parties agree that Lessee may meet its obligations under the Agreement through its contractors, including but not limited to utilities, construction, installation and work, pursuant to Contract No. DMS-20/21-162. Prior to Lessor performing any work at the Dernised Premises on Lessee's behalf, Lessor shall provide Lessee with written notice and an opportunity to cure sufficient for Lessee to coordinate completion of the work with its contractors. 2. Rent. Beginning on the first day of the month following execution by both parties, Lessor shall invoice Lessee on or before the first day of the month for each month for services to be provided in the first year of the agreement. See Exhibit 1 attached for monthly rent breakdown per site for IFY 22/23. On or before July 1, 2023, Lessor shall invoice Lessee for the annual rent amount of Ninety -Three Thousand, One Hundred and twenty-six 33/100 dollars ($93,126.33). The rent will increase by two (2%) percent each year, beginning on July 1, 2023. Lessor shall invoice Lessee on or before July 1st of each year of the fifteen (15) year term and all renewals, upon issuance of the purchase order. Rent rates during a holdover term shall be equivalent to the rent in place at the time of expiration. 3. Assignment and Subletting. Lessee may assign this Agreement or sublease the Premises and its rights herein, in whole or in part, with Lessor's consent, which shall not be unreasonably withheld or conditioned. 4. Access to Dernised Premises, Lessor shall provide Lessee, and its employees, authorized agents and contractor's access to the Premises, twenty-four (24) hours a day, seven (7) days a week, subject to reasonable access and security regulations, rules or policies which may govern at Lessor's Property. Lessor acknowledges that the Agreement is integral to the Statewide Law enforcement Radio System and will make every effort to provide Lessee unrestricted access to the Premises to ensure continuity of services to the state. 5. MFMP Registration. In order for Lessor to receive rent directly from Lessee, Lessor must be registered in the MFMP Vendor Information Portal (https:Hvendor.mvfloridamarketplace.com). The Lessor warrants and represents that it is authorized and empowered to and hereby grants the State and the third -party provider of MFMP, a State contractor, the right and lease to use, reproduce, transmit, distribute, and publicly display within MFMP. 6. Emergency Notice. In the event of an emergency regarding Lessee's facilities and its operations, when providing Notice under Section 13, Notices, of the Agreement, would not elicit a fast enough response, Lessor shall call both of the following phone numbers and state that and how the Premises needs assistance immediately. 24-7 Network Operations Center 0 U_ 4- 0 Packet Pg. 845 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 Telephone: (866) 537-7763 Doug Whitfield, SLERS System Manager Telephone: (850) 445-4830 7. Taxes. Lessor shall pay, when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises. Lessee shall pay, when authorized by Florida law, taxes, levies, charges, fees, leases or other assessments that are directly attributable to the operation of Lessee's Facilities. This notwithstanding, upon written demand from Lessor, Lessee shall reimburse Lessor within thirty (30) days thereof, for any increase in real property taxes, fees and assessments attributable to Improvements performed by Lessee or Lessee's use of the Premises when authorized by Florida law. To the extent allowed under applicable law, in the event that Lessor fails to pay when due any taxes or fees affecting the Premises, Lessee shall have the right, but not the obligation, to pay such taxes and fees and deduct the full amount of the taxes or fees paid by Lessee on Lessor's behalf from future installments of Rent. 8. Fees. Lessee shall have a minimum of twelve months' notice of any fees in addition to rents to allow for appropriation of funds. 9. Attorneys' Fees. Except as otherwise provided by law, the Parties agree to be responsible for their own attorney's fees incurred in connection with disputes arising under the terms of the Agreement. 10. Indemnification. Each party to this Agreement will be responsible for its own acts or omissions and for any and all claims, liabilities, injuries, suits, demands, and expenses of all kinds that may result or arise out of any alleged malfeasance or neglect act caused or alleged to have been caused by that party or its employees or representatives in the performance or omission of any act or responsibility of that party under this Agreement. 11. Environmental. Lessor represents and warrants that to the best of Lessor's knowledge, the Property, as of the date of this Agreement, is free of hazardous substances, including asbestos -containing materials and lead paint. Lessor and Lessee agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances, or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party's activity conducted in or on the Property. Lessor and Lessee shall each be responsible for its own claims, fines, judgments, penalties, actions, abatement, cleanup remediation, testing, losses, damages (including testing and investigations), expenses or liability directly or indirectly arising out of or attributable to acts by Lessee, resulting in the use, generation, manufacture, production, storage, release, discharge, disposal, or presence of a Hazardous Material_on, under or about the Premises or the Property; except to the extent caused by the active negligence or willful misconduct of Lessor, its employees, agents or contractors, and not otherwise assumed by Lessee. This indemnity shall survive the expiration or termination of U_ 4- 0 I Packet Pg. 846 DocuSign Envelope ID: D783EB12-ADAC-4ADF-9OD7-33C4DFlO7lD9 M M this Lease. Lessor shall comply with all federal, state and local laws in connection 0 with any substances or materials brought onto Property by the Lessor, its U- 4- employees, contractors or agents, that are identified by any law, ordinance or 0 regulation as hazardous, toxic or dangerous and shall indemnify Lessee for all such losses or damages, investigations or remediation, including those relating to hazardous materials not brought onto the Premises or the Property by Lessee. I Packet Pg. 847 x ui Cf) 0 0 co w to �o C! C� C� cn, CN i;� C', U.) CN U� CNI Lo cm 6 eq cm Ll- 6-k 61�) *4 0% CD, lz� C:� C:� 4a vl� m m CN C� C=! ve . C:> m . lc� Clt . = c7i . CD cr� Lu U- C> CD CD C�l C14 C� cli C) cli = cli = z 4 4 C14 C:! C-4 . C) . C� . CD C4 CD 6 LLI 6", 60) 43, 4a C-4 R R CR C� C%l . . . . 5. g C, CD g 0 ai a� ai 4 4 1;; C" 0) cn m C14 R CD cn, cm C4 C, C� CD C'i = ci C:) C14 2 C� C! C'i C=) a) C-4 =o M C,4 C> C'I LU _-7 to W 00 I= C� C� C� C> C, C, Cli CD a� C, at .7 co co 00 C� C=! 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