Backup Documents 06/10/2025 Item #16F 4 ORIGINAL DOC UNIEN'I'S CHECKLIST & RO U'I'IN G SLIP
TO ACCOMPANY ALL/ORIGINAL DOCUMENTS SENT TO 1 6 F 4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines 141 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1. County Attorney Office County Attorney 6/10/2025
Attn. Sally A. Ashkar
2. BCC Office Board of County Commissioners
f!),5 Mil 41142.s
3. Minutes and Records* Clerk of Court's Office 9/,420
a� .
*NOTE TO MINUTES AND RECORDS:
Please return an electronic copy of agreement to Sonja.Stephenson@colliercountyfl.gov
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Sonja Stephenson/Real Property Phone Number 239-252-8073
Contact/ Department Management
Agenda Date Item was June 10, 2025 Agenda Item Number 16.F.4
Z, Approved by the BCC
6�f v Type of Document First Amendment to Lease Agreement Number of Original 1
Attached Documents Attached
PO number or account N/A
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature?STAMP OK SS
2. Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed SS
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SS
document or the fmal negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SS
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 6-10-25,and all changes made during SS N/A is not
the meeting have been incorporated in the attached document. The County an option for
Attorney's Office has reviewed the changes, if applicable. this line.
9. Initials of attorney verifying that the attached document is the version approved by the N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready for the an option for
Chairman's signature. this line.
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16F 4
Aversana at Hammock Bay
Lease 1T-126
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT is made and entered into this
b day of M w , 2025, by and between Aversana at I-Immock Bay
Condominium Association, Inc., 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, its successors and assigns, whose mailing address is
2685 Horseshoe Drive S., Suite 103, Naples, Florida 34104, (hereinafter referred to as "LESSEE")
WITNESSETH
WHEREAS, LESSOR and LESSEE have previously entered into a Lease Agreement dated
June 22, 2010,attached hereto as Exhibit A (the "Lease"); and
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement to
extend the lease term as set forth below.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements contained
herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. The Lease is hereby extended until June 22, 2030. LESSEE is granted the option, provided
it is not then in default of any of the terms of the Lease. to automatically renew for two (2) additional
terms of five(5)years each under the same terms and conditions as set forth in the Lease.
2. As of June 22, 2025, the annual base rent shall increase to $1,200 and shall be
automatically increased by three percent annually throughout the life of the Lease.
3. Except as set forth herein, all other terms and conditions of the Lease remain in full force
and effect according to the terms and conditions contained therein.
SIGNATURES APPEAR ON THE FOLLOWING PAGE
C40
16F 4
I
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First
Amendment to Lease Agreement the day and year first above written.
AS TO LESSOR:
DATED: Si b )2b2S.— Aversana at Hammock Bay Condominium
Association, Inc. a Florida corporation
BY: C—ckFC—C3--- --D
Name:
Title: o`"L``3`.\t
eras,*'..4-
AS TO THE LESSEE:
DATED:% c 5
,t BOARD OF COUNTY COMMISSIONERS,
ATTEStt ' '•. COLLIER COUNTY, FLORIDA
Crystai'K. Mimi, Clefk
$'Y: L, ',Aka,.''' g,,,,f..,"-€4'14"4--
'f BY:
'4, i ;>�,�e •u i rk ' B L. SAUNDERS, CHAIRMAN
sigrtatUK•ofdy
Appro s to form and legality:
6
OPAL.
Sally • . ,;hkartAssistant County Attorney
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i25-RPR-03911/1945368/11 2
16F 4
EXHIBIT"A"
• PAGE 1 OF 5 Lease# =t.T — (J(o
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this ax--day of L a— ,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 I. 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 shall 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 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, as compensation for the
provision of electrical service, the sum of Six Hundred Dollars($600)annually due on the first of each month
following LESSOR'S execution of this Lease,at the address for LESSOR set forth in Article 13 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 Charges
LESSEE shall pay any utility charges applicable to the Demised Premises, with the exception of
electricity, which shall be provided by LESSOR, in exchange for payments established in Article 3 of this
Lease.
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EXHIBIT"A" L+ /�
PAGE2OF5 1 V F 4
• 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 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 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 Sates 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, 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 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 no 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.
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EXHIBIT"A" 1 6 F 4
PAGE 3 OF 5
•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 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 then 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:
LESSEE: LESSOR:
Board of County Commissioners Aversana at Hammock Bay
c/o Real Estate Services Department 1060 Borghese Lane
3301 Tamiami Trail East Naples,Florida 34114
Administration Building
Naples,Florida 34112 Attention:Building Manager
Copy to: Telecommunications Manager
ARTICLE 14. Surrender of 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.
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EXHIBIT"A 1 6 F 4
PAGE 4 OF 5
ARTICLE 15.Environmental Concerns
LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR,
from and against all costs (including attorneys 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 LESSORS 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 or residents.
C. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical
codes of the City and/or State concerned.
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 LESSEE:
DATED: 6/9,313-0 i
ATTEST:
BOARD OF COUNTY COMMISSIONERS
DWIGHT E.BROCK,Clerk COLLIER COUNTY,FLORIDA
BY: l `-` - W• C
De uty Clerk FRED W.COYLE,Chairman
a0 M aMt*MIS
01111011M 011144,
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EXHIBIT"A"
PAGE 5 OF 5
•
AS TO LESSOR:
DAT • / Avers at H oc Bay
l, BY:
f SS(signature)
(prsit naTne) (print name&title)
WITNESS(signature)
C//4-12//C--,t,1 UC:TIa
(prim name)
Approved as to form and legal sufficiency:
Jennifer tor. white,Assistant County Attorney
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