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Agenda 06/10/2025 Item #16F 4 (1st Amendment to Lease Agreement w/Aversana at Hammock Bay Condominium Association, Inc.)6/10/2025 Item # 16.F.4 ID# 2025-1802 Executive Summary Recommendation to approve the First Amendment to the Lease Agreement with Aversana at Hammock Bay Condominium Association, Inc., authorizing Collier County to continue the operation of public safety communication equipment previously installed at 1060 Borghese Lane, Naples, Florida 34114. OBJECTIVE: To approve the First Amendment (“Amendment”) to the Lease Agreement (“Lease”) with Aversana at Hammock Bay Condominium Association, Inc., a Florida Corporation for the continued operation of Collier County- owned communications equipment. CONSIDERATIONS: The Board of Collier County Commissioners (“Board”) approved a Lease Agreement with Aversana at Hammock Bay Condominium Association, Inc. (the “Association”) on June 22, 2010, Agenda Item No. 16.E.6, for the installation of an antenna and related equipment on the rooftop of Association property located at1060 Borghese Lane, Naples, Florida 34114. The existing antenna, a VHF transmitter, and its related equipment are currently used as backup for Fire/Emergency Management Services (“EMS”) communications. The current Lease will expire on June 21, 2025. The County requires continued usage of the 3 existing coaxial feedlines and antenna hardware installed between the equipment room and the rooftop, and will continue to use the existing electrical closet on the penthouse level service hallway as a communications equipment room for maintenance of the existing equipment and for the future installation of an 800 MHz communications repeater. Accordingly, extension of the Lease is required in order to provide the proper EMS communications backup services. Key Terms of the Amendment: Term: The term is extended to June 22, 2030, with the County having the option to renew for two additional five-year terms, for a maximum lease term through June 22, 2040. Termination: Both parties may terminate the Lease at any time, with or without cause, by providing a thirty-day written notice. Utilities: Landlord will continue to be responsible for providing electricity to the County’s equipment. Rent: $1,200 annually, with a 3% annual escalator throughout the remaining life of the Lease. This item is consistent with the Collier County strategic plan objective: Optimize the useful life of all public infrastructure and resources through proper planning and preventative maintenance FISCAL IMPACT: The annual rent of $1,200 will be paid from the 800MHz Inter-Governmental Communications Program account number 1060-140480-644600. These costs were factored into the FY26 budget for fund 1060. GROWTH MANAGEMENT IMPACT: The item is consistent with the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. - SAA RECOMMENDATIONS: To approve and authorize the Chairman to execute the attached First Amendment to the Lease Agreement. PREPARED BY: Nathaniel Hinkle, Telecommunications Manager ATTACHMENTS: 1. First Amendment 2. Lease Agreement - Exhibit A Page 1908 of 2218 6/10/2025 Item # 16.F.4 ID# 2025-1802 Page 1909 of 2218 Page 1910 of 2218 Page 1911 of 2218 Lcase# E~「―ta￠ LEASE AGMEMENT /G.€, G THIS LEASE AGREEMENT entered into this 2L day of dc--'t <-2010, between Aversana at Hammock Bay, a Florida corporation, whose mailing address is 1060 Borghese Lane., Naples, Florida 34114, 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 THE PARTIES AGREE AS FOLLOWS: ARTICLE l. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR rooftop space located at Aversana at Hammock Bay, 1060 Borghese Lane, Naples, Florida, along with additional equipment space further described below, hereinafter referred to as the following" Demised Premises," situated in the County of Collier and the State of Florida: A. Rooftop mounting space for communication system antennas. B. Ten square feet of interior space for an equipment cabinet, further described in as the "electrical closet" penthouse level service hallway, hereinafter called the "Demised Premises." ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on the date in which the LESSEE executes this Lease. LESSEE is granted two (2) separate options, provided it is not then in default of any of the provisions of this Lease, to renew same for two (2) additional terms of five (5) years each under the same terms and conditions, as provided herein, except as to the rental amount, 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 thirty (30) day written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE shali be granted an additional sixty (60) days from the aforementioned thirty (30) day notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises, 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 authorizedby 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, as compensation for the provision of electricai service, the sum of Six Hundred Dollars ($600) annually due on the first of each month iollowing LESSOR'S execution of this Lease, at the address for LESSOR set forth in Article l3 of this Lease. LESSEE agrees to increase the annual payment to equal actual usage of electricity upon documentation from LESSOR that electricity usage during prior twelve month period exceeded $600. ARTICLE 4. Other Expenses and Charees LESSEE shall pay any utility charges applicable to the Demised Premises, with the exception of electricity, which shali be provided by LESSOR, in exchange for payments established in Article 3 of this Lease. Page 1912 of 2218 ARTICLE 5. Modifications to Demised Premises Prior to making any changes, alteralions, 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, specifuing in writing, and in meaningful detail, the nature and extent ofthe desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designee will then have sixty (60) 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 sixty (60) days, there has been no response from LESSOR or its designee to said proposals or plans, 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 modifrcations, additions or improvements to the Demised Premises, to observe and compty with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United Sates ol America, State of Florida, County of Collier, and any and all other govemmental 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, representatives and employees, shall have the right after reasonable notice to LESSOR, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. During times of emergency repair or maintenance, LESSEE shall be granted immediate access by requesting LESSOR'S agent of same. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part ofthe Demised Premises, or permit any other persons to occupy same without the expressed prior vlritten consent of LESSOR. Any such assignment or sutletting, 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, .onditionr 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 indemniff, 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 (inctuding, but no limited to, attomeys' 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, attomeys' 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, occuning 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 ofthe gross negligence or willful misconduct of the LESSOR or its employees. Page 1913 of 2218 'ARTICLE 9. Insurance Subject to limitations of Section 768.28, Florida Statutes, LESSEE shall, at it's expense maintain in force during the term of this lease, a combined single limit policy of bodily injury and property damage insurance, with a limit of not less than $1,000,000.00 insuring LESSOR and LESSEE against all liability arising of use, occupancy, or maintenance of the Demised Premises and appurtenant areas, which policy shall be endorsed as an additional insured as to LESSOR. 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 conective action is not taken within ten (10) days of the receipt ofsuch 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 ofreceipt of written notice ofcosts incuned 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 anlthing 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 ofdefault. 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 delault cannot reasonably be cured within thirty (30) days, LESSEE shall not be deemed to be in default under the lease ifLESSEE commences to cure such default within said thirty (30) day period and thereafter diligently pursues such cure to completion, but in no event more then sixty (60) days after receipt ofsuch 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 obtigations 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 speciffing 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: LESSEE: Board of County Commissioners c/o Real Estate Services Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 LESSOR: Aversana at Hammock Bay 1060 Borghese Lane Naples , Florida 34114 Attention: Building Manager Copy to: Telecommunications Manager ARTICLE 14. Surrender ol Premises Unless LESSEOR 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. Page 1914 of 2218 ARTICLE I5. Environmental Concems LESSEE represents, warrants and agrees to indemni$, reimburse, defend and hold harmless LESSOR, from and against all costs (including attomeys 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 LESSEES communication equipment, its installations, operation and maintenance will: A. Not ineparably damage the LESSOR'S structrrre and accessories thereto. B. Not interfere with the operation and maintenance of any of the LESSOR's systems or create a nuisance for LESSOR or residents. C. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concemed. D. Subsequent to the eflective 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 riskslo pr..oo, *ho are exposed to it over time. Le-vels of radon that exceed federal and state guidelines have been ?ound 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 ofthe LESSOR in the Demised Premises shall not be subject to liens for improvements made by or thlough the LESSEE, also for improvements made by the LESSE-E are specifically prohibited from attaching to or becoming a lien on the interest ol the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions ofand 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. Goveming Law This Lease shall be govemed 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 LESSEE: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA レジュ。/aDATED: 趾 FRED W COYLE,Ch ATTEST: Page 1915 of 2218 AS TO LESSOR: k/ (signature) ー (p■■t nalne) ′///走 (print name & title) 〕Mぃ (prini name) Ap,rroved as to form and legal sufficiency: \j)r lt t-.t-I lI) lt-, t,1-,1, -Jenr,ifer B White, Assistant County Attorney Page 1916 of 2218