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Backup Documents 11/10/2025 Item #16F 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 F 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 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#1 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 11/10/2025 Attn. Sally A. Ashkar 2. BCC Office Board of County Commissioners It� Y 3. Minutes and Records* Clerk of Court's Office 51 *NOTE TO MINUTES AND RECORDS: Please return an electronic copy of agreement to Sonja.Stephenson@collier.gov PRIMARY CONTACT INFORMATION five 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/ Dept tucent Management Agenda Date Item was November 10, 2025 Agenda Item Number 16.F.1 Approved by the BCC Type of Document Lease Agreement and Resolution Number of Original 2 Attached Documents Attached PO number or account N/A number if document is g - 7 to be recorded �/� o�✓✓ 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 final 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 11-10-25,and all changes made during SS N/A is not the meeting have been incorporated in the attached document. The County n option foil Attorney's Office has reviewed the changes,if applicable. his lineJ 9. Initials of attorney verifying that the attached document is the version approved by the /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 1 61F 1 RESOLUTION 2025 - 237 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, APPROVING A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES FOR USE OF THE COUNTY BARN COMMUNICATIONS TOWER FACILITY. WHEREAS, the State of Florida Department of Agriculture and Consumer Services, desires to lease a position on a communications tower located at 2901 County Barn Road, Naples, Florida, owned by Collier County, a political subdivision of the State of Florida, in addition to a space located within the ground-level shelter; and WHEREAS, the lease shall be for five (5) years with three (3) additional renewal terms of five (5) years each; and WHEREAS, by the operation of this antenna on the County Barn communications tower facility, the Department of Agriculture and Consumer Services shall provide a significant public benefit to the community, and there shall be no annual rent charged by Collier County; and WHEREAS, the Board of County Commissioners is satisfied that this property is required for the Department of Agriculture and Consumer Services' use 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 attached Lease Agreement between Collier County and the State of Florida Department of Agriculture and Consumer Services. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the Lease Agreement. This Resolution adopted this 10A day of /10t/e nbci , 2025, after motion, second and majority vote. 0 , 8t1,p0 ATTEST;Q oA- Crystal 4 K jzA 9 rk`k , BOARD OF COUNTY COMMISSIONERS r - - COLLIER C UNTY, FLORIDA 0 BY: �'���_ BY: Attest as -nn�De t, Clerk BU L. SAUN ERS, Chairman signature oy'� Approved as t'a for and legality: alik. Sally • . As ,Assistant County Attorne 41, `7 r'c,,{ 16F1 Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 FDACS#33055 Lease# 875 LEASE AGREEMENT THIS LEASE AGREEMENT entered into this Iou' day of f�oUe,.,he/ , 2025, between Florida Department of Agriculture and Consumer Services whose mailing address is 10941 Palm Beach Boulevard, Fort Myers, Florida 33905, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is in care of Real Property Management, 2685 Horseshoe Drive South, Suite 103. Naples, Florida 34104, hereinafter referred to as "LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE]. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a position on the County-owned communications tower located at 2901 County Barn Road at a height of Two Hundred Eighty (280) feet above-ground in order to install a VHF antenna and related antenna line in addition to a 24" x 18" x 42" space within LESSOR'S shelter at ground-level. All improvements shall be approved by LESSOR applying the terms contained in Article 5 of the Agreement. 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 this Lease is accepted by the LESSOR. LESSEE is granted three (3) separate options,provided it is not then in default of any of the provisions of this Lease, to renew same for three (3) 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 he 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. Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 ARTICLE 3. Rent It is recognized by LESSOR that LESSEEE is providing a significant public benefit to the community and there shall be no annual rent charged by LESSOR. ARTICLE 4. Other Expenses and Charges LESSOR shall pay utility charges pertaining to electrical service at 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 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 connections 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 LESSOR. its duly authorized agents, representatives and employees, shall have the right 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 16F1 Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 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 he 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 he a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall he null and void. ARTICLE 8. Indemnity LESSEE will require its contractors, construction manager. architects and engineers to be fully responsible for their negligent acts or omissions or tortuous acts which result in claims or suits against the LESSOR.Nothing herein is intended to serve as a waiver of sovereign immunity by the LESSEE to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. ARTICLE 9. Insurance The Florida Department of Agriculture and Consumer Services ("FDACS") is an agency of the State of Florida and, as such. is covered by state self-insurance funds established pursuant to Chapter 284, Florida Statutes, designated as the "Florida Fire Insurance Trust Fund" and the "Florida Casualty Insurance Risk Management Trust Fund." These trust funds are administered by the Florida Department of Insurance through a program of risk management and provide insurance for property damage, liability and workers' compensation, among others. The State's self-insurance program is commonly known as "Risk Management." Notwithstanding contrary provisions in this Agreement, FDACS's obligation to carry insurance under this Agreement shall be limited to the insurance coverages provided under the State self-insurance funds described in this Article. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times. 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. 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. ARTICLE 11. Default by LESSEE Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in thirty (30) days with any provision or covenant of this Lease shall constitute a default Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 " 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 LESSOR approved 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) Falsification of 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. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. 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 Demised 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. The 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 Florida Statute 255.05. 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: 16F1 Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 LESSOR: LESSEE: Board of County Commissioners Florida Department of Agriculture c/o Real Property Management Department and Consumer Services 2685 Horseshoe Drive South. Suite 103 10941 Palm Beach Boulevard Naples, Florida 34104 Fort Myers, Florida 33905 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. 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. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable tinder law. (c) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16. 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 17. Interference Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 v 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. 13. Not interfere with the operation of LESSOR'S or LESSOR'S tenants' or future tenants' radio equipment on surrounding towers. 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 Agreement shall terminate. C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system. D. 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 fol lowing: 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 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 This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21. Governing Law This Lease shall be governed by and construed in accordance with the laws of the State of Florida. 16F1 Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED . ;1. 425 ATTEST:' 0, BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KI. : Clerk COLLIER CO TY, FLORIDA _ Aletilm ,`_ __ - BY: ,, r,, � a}u y Clerk BUR L. SAUNDE S, Chairman �t as,tpQ ChairrnanV signatUr i ity-'\ AS TO LESSEE: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DATED: 10/21/2025 B 1': JOU' f7. tkidd JOEY B. HICKS Director of Administration Department of Agriculture&Consumer Services Approved I form . d legality: 411. ally A. ' 42 Assistant County Attorney nt�� Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 1 6F1 FDACS CONTRACT # • • EXHIBIT A 0 0 5 6 7 0 PAGE 1 OF 6 Lease# •s T • LEASE AGREEMENT THIS LEASE AGREEMENT entered into this fa day of J ' ,f-( , 200d, between Florida Department of Agriculture and Consumer Services whose mailing address is 10941 Palm Beach Boulevard, Fort Myers, Florida 33905, hereinafter referred to as "LESSEE", 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"LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE I. I2t:misss1Yremises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a position on the County-owned communications tower located at 2901 County Bar Road at a height of Two Hundred Eighty(280)feet above-ground in order to install a VHF antenna and related antenna line in addition to a 24" x 18" x 42" space within LESSOR'S shelter at ground-level. All improvements shall be approved by LESSOR applying the terms contained in Article S of the Agreement. ARTICLE 2. Tenn of Lease LESSEE shall have and hold the Demised Premises for a term of five(5)years commencing on the date in which this Lease is accepted by the LESSOR. LESSEE is granted three (3) separate options,provided it is not then in default of any of the provisions of this lease,to renew same for three • (3) additional terms of live (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 he granted an additional sixty(60)days frorn 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 It is recognized by LESSOR that LESSEEE is providing a significant public benefit to the community and there shall be no annual rent charged by LESSOR. ARTICLE 4. Other Expenses and ChargCS LESSOR shall pay utility charges pertaining to electrical service at 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 16F1 Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 EXHIBIT A PAGE 2 OF 6 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 connections 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 Demiseiifremises LESSOR,its duly authorized agents,representatives and employees,shall have the right 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 he 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 he 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 shallbe null and void. ARTICLE 8. Liability /(1 / L_ LESSEE will require its contractors,construction manager, architects and engineers to be fully responsible for their negligent acts or omissions or tortuous acts which result in claims or suits against the LESSOR.Nothing herein is intended to serve as a waiver of sovereign immunity by the LESSEE to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parities in any matter arising out of any contract. ARTICLE 9. Insurance The Florida Department of Agriculture and Consumer Services("FDACS")is an agency of the State of Florida and,as such, is covered by state self-insurance funds established pursuant to Chapter 284,Florida Statutes,designated as the"Florida Fire Insurance Trust Fund"and the"Florida Casualty insurance Risk Management Trust Fund." These trust funds are administered by the Florida Department of Insurance through a program of risk management and provide insurance for property damage, liability and workers' compensation, among others. The State's self-insurance program is commonly known as "Risk Management." Notwithstanding contrary provisions in this Agreement, • FDACS's obligation to carry insurance under this Agreement shall he limited to the insurance coverages provided under the State self-insurance funds described in this Article. 16F1 Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 1. . EXH[BIT A ARIICLE 10.Maintenance PAGE 3 OF 6 • LESSEE shall,at its sole cost and expense,keep the Demised Premises clean at all times.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. 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. ARTICLE 11.Default by LESSEE Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in thirty (30) days with any provision or covenant of this Lease 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 LESSOR approved 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 LESSEES operation. (b) Falsification of 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. (d) Adjudication as bankrupt. (e) Making of a general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to he taken under any writ of execution. 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 Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of I.ESSEE,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. The LESSOR may at its option terminate this 1.ease 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 law or otherwise. ARTICLE 12.Default byLESSOR LESSOR shall in no event he charged with default in the performance of any of its obligations hereunder unless and until I.ESSOR 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. Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 1 6 F 1 • EXHIBIT A ARTICLE 13.Notices PAGE 4 OF 6 Any notice which LESSOR or LESSEE may he 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 Florida Department of Agriculture c/o Real Property Management Department and Consumer Services 3301 Tamiami Trail East 10941 Palm Beach Boulevard Administration Building Fort Myers,Florida 33905 Naples,Florida 34112 Attention: Director of Administration Copy to: Radio Communications 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. 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. (a) Rights not specifically granted the LESSEE by this Lease arc hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. (c) LESSEE agrees to pay all intangible personal property taxes and other taxes,if any,that may he imposed due to the creation,by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. ARTICLE 16.Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR,front 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. • Docusign Envelope ID:2441073C-6051-47EF-8D9D-4248158FCD09 EXHIBIT A 5 ARTICLE 17.Interference PAGEOF 6 . 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 tenants' or future tenants' radio equipment on surrounding towers. 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 Agreement shall terminate. C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system. D. 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. F.xtent 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 xm1 he 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 f notice is given pursuant to the provisions of and in compliance with Section 713.10,Florida Statutes. ARTICLE 20. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 21.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: 4►411-10.1 UY:.' AT. ST:.-.... • BOARD OF COUNTY COMMISSIONERS AW1QfT E.BROCK;Clerk COLLIER COUNTY,FLOR • r ' lerk JAMES CARTER, Ph.D., Chairman At-tist is-t0 Tfw+'3 yi, r,i,:`' 16F1 Docusign Envelope ID:2441073C-6D51-47EF-8D9D-4248158FCD09 EXHIBIT A PAGE 6 OF 6 AS TO LESSEE: FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DATED: //`Q�oO G4��""'L/ ¢``�` • BY: MICHAEL GRESHAM S ignature) Director of Administration, Department of Agriculture and Consumer Services (print e) ".- (116. 5i ✓ WITNESS(signature) ante'S (print name) Approved as to form and 4 legalsuf�aiancy: C Thomas . alma Assistant County Attorney i i 16F1 0 docusign. Certificate Of Completion Envelope Id:2441073C-6D51-47EF-8D9D-4248158FCD09 Status:Completed Subject:Please DocuSign:FDACS CONTRACT#33055 COLLIER COUNTY Source Envelope: Document Pages: 13 Signatures: 1 Envelope Originator: Certificate Pages:5 Initials:0 Joseph Duncan AutoNav:Enabled 407 South Calhoun Street Envelopeld Stamping:Enabled Mayo Building,SB-8 Time Zone:(UTC-05:00)Eastern Time(US&Canada) Tallahassee,FL 32399-0800 Joseph.Duncan@fdacs.gov IP Address: 164.51.45.242 Record Tracking Status:Original Holder:Joseph Duncan Location: DocuSign October 20,2025 113:46 Joseph.Duncan@fdacs.gov Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool: Florida Department of Agriculture and Location:Docusign Consumer Services Signer Events Signature Timestamp Joey B.Hicks Sent:October 20,2025 113:53 joey.hicks@fdacs.gov Jbta1 6. Ricks Viewed:October 21,2025 I 07:51 Director of ADministration Signed:October 21,2025 I 07:51 Director of Administration Security Level:Email,Account Authentication Signature Adoption:Pre-selected Style (None) Using IP Address: 164.51.45.242 Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Michael Joel COPIED Sent:October 21,2025 107:51 michael.joel@fdacs.gov Viewed:October 21,2025 108:24 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign Sonja Stephenson COPIED Sent:October 21,2025 I 07:51 sonja.stephenson@collier.gov Viewed:October 21,2025 I 07:52 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via Docusign 16F1 Carbon Copy Events Status Timestamp CONTRACTS COPIED Sent:October 21,2025 I 07:51 Contracts@fdacs.gov Viewed:October21,2025 I 08:21 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:April 19,2022 110:10 ID:5695f407-15b9-4d70-aded-c5e 1 c7791665 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted October 20,2025 113:53 Certified Delivered Security Checked October 21,2025 I 07:51 Signing Complete Security Checked October 21,2025 I 07:51 Completed Security Checked October 21,2025 I 07:51 Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:October 2,2018 110 33 Parties agreed to:CONTRACTS ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Crahsoft OBO Florida Department of Agriculture and Consumer Services (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically 16F1 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure,we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact Crahsoft OBO Florida Department of Agriculture and Consumer Services: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: salena.yarbrough@freshfromflorida.com To advise Crahsoft OBO Florida Department of Agriculture and Consumer Services of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at salena.yarbrough@freshfromflorida.com and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from Crahsoft OBO Florida Department of Agriculture and Consumer Services To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to salena.yarbrough@freshfromflorida.com and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with Crahsoft OBO Florida Department of Agriculture and Consumer Services 16F1 To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to salena.yarbrough@freshfromflorida.com and in the body of such request you must state your email, full name,mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide- signing-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically,which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and (i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein,then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify Crahsoft OBO Florida Department of Agriculture and Consumer Services as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Crahsoft OBO Florida Department of Agriculture and Consumer Services during the course of your relationship with Crahsoft OBO Florida Department of Agriculture and Consumer Services.