Resolution 1994-650
RESOLUTION NO. '4-~
SEPTEMBER 6. 1994
RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA APPROVING AND AUTHORIZING
THE LEASING OF FIFTY-SIX PERCENT (56\) OF THE
GOLDEN GATE PUBLIC SAFETY COMPLEX, LOCATED AT THE
CORNER OF CORONADO PARKWAY AND GOLDEN GATE
PARKWAY, TO THE GOLDEN GATE FIRE AND RESCUE
DISTRICT, AN INDEPENDENT SPECIAL DISTRICT OF THE
COUNTY OF COLLIER, STATE OF FLORIDA, FOR THE
PURPOSE OF PROVIDING FIRE PROTECTION SERVICES TO
COLLIER COUNTY
-------------------------------------------------
WHEREAS, Collier County (County) and the Golden Gate Fire
and Rescue District (District) entered into an Agreement, dated July
25, 1989 (1989 Agreement), tor the joint construction of a Golden Gate
Emergency Services Facility to house the District, a County Emergency
Services SUbstation and a Sheriff's SUbstation;
WHEREAS, County is the current owner of the certain
property described in Exhibit "A", comprising 1.61 acres, and located
at the corner of Coronado Parkway and Golden Gate Parkway, in the
County of Collier, State of Florida.
WHEREAS, District is desirous of leasing Fifty-Six Percent
(56%) ot the Golden Gate Public Safety Complex tor the purpose of
providing fire protection services to Collier County;
WHEREAS, the Lease Agreement provides tor lease term of
":hirty (30) years, reduced by the District's period of possession of
the Demised Premises, commencing upon the execution of the Lease
Agreement by both District and County, and expiring on March 31, 2021.
The parties acknowledge that the District has been in possession ot the
Demised Premises, referenced in the Lease Agreement, since April 1,
1991:
WHEREAS, the District is granted the option, provided it is
not in default of any of the terms of the Lease Agreement or the 1989
Agreement, to purchase the Demised Premises pursuant to the terms of
the 1989 Agreement:
WHEREAS, in the event the District elects not to exercise
its option, District and County shall use their best efforts to
renegotiate the terms of a subsequent Lease Agreement at the expiration
of the leases term:
.'/
WHEREAS, District shall compensate the County an amount of
$1,399.51 per month during the term of the Lease Agreement:
aoolC 000 PAGE 808
--1--
SEPTEMBER 6. 1994
WHEREAS, both parties have reviewed and approved the terms
and conditions outlined in the attached Lease Agreement; and
WHEREAS, Section 125.38, Florida Statutes, provides that
the Board of County Commissioners may lease property to the State of
Florida or any political sUbdivision or agency thereof if the Board is
satisfied that such property is required for such use and is not needed
for County purposes.
Advertising of said conveyance shall not be
required.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The property is required by the District for purposes of
providing fire protection services to Collier County.
2. The property is not needed for County purposes.
3. Collier County shall enter into a Lease Agreement with
the District for a period of thirty (30) years, reduced by the
District's period of possession of the Demised Premises, commencing
upon the execution of the Lease Agreement by both District and County,
and expiring on March 31, 2021.
The parties acknowledge that the
District has been in possession of the Demised Premises, referenced in
the Lease Agreement, since April 1, 1991.
4. District is granted the option, provided it is not in
default of any of the terms ot the Lease Agreement or the Agreement
dated July 25, 1989 between the District and the County to purchase the
Demised Premises pursuant to the terms of the July 25, 1989 Agreement.
In the event the District elects not to exercise its option, District
and County shall use their be.t effort. to rene90tlate the term. of a
subsequent Lea.. A9reement at the expiration ot th_ l_a._ term.
THI.I RUOLUTION adopte4 alter !lOtion, NCOnd and aajoritV
vote.
Dated:
~~~/
.....,
ATTEST: ,
DW~~IIT E. BRO~k
.BYI/~'.'o"" ,'.
. ': ( Depu y,g erk
Approved as to form and
legal suff~ciency:
, J /'.
(" {I If';, :tJ/,/,
Heidi F. Ashton
Assistant County Attorney
By:
T
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--2--
lAX PARCEL NO.
GAL DESCRIPTION:
SEPTEMBER 6. 199
A portion of Block 115, according to the plat of Golden Cate Unit
4, as recorded in Plat Book' 5, Pages 107 through 116, Public
Records of Collier County, Florida, situate in Section 28,
To;.;nchip 49 South, :Rang!:! 26 East, Collier County, Florida and
being more particularly described as follows:
Commence at the intersection of the centerline of Golden Cate
Parkway and the centerl ine of Coronado Parkway. Thence NJS. 54 '
J9"W along the centerline of Coronado Parkway a distance of 65.00
feet to a point on the Southwesterly extension of the
Northwesterly Right-ot-way line of Golden Gate Parkway; thence N.
51' 05' 21"E along the said' extension of the Northwesterly
Right-of-way line a distance of 78.00 feet to a Permanent
Reference Monument as shown on the plat thereOf, the said
Monument being also the POINT OF BEGINNING of the parcel her~in
described: thence NS1.OS'21"E continuing along said Northwesterly
Right-of-way line a distance of 275.00 feet; Thence leaving said
Northwesterly right-of-way line, N3S.54'39n W, 250.00 teet;
Thence S4J'46'59"W, 321.67 teet to the Northeasterly right-ot-way
line of Coronado Parkway and the beginning of a non-tangent curve
concave to the Southwest, having a radius of a9S .17 feet (a
radial line from said point bears S39. 15'42"'''): Thence along
said
said
Northeas"terly
line,
and
curve
right-oC-way
Southeasterly 185.41 feet through a central angle of 11'49'39" to
a point of reverse curvature; thence Southeasterly, Easterly,
Northeasterly along the arc of a circular curve having a radius
of 25.00 feet and' 'a central angle 90'00'00" for a distance of
39': 27 feet to the POINT or BEGINNING. Containing 1. 61 acres,
more or less.
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PROFESSIONAl :U.:40 SIJRvtYOR '2769
mAtISPOR,T" no~' Sr.......CC5 DIVISION
COLLIER COUNTY COVEIV:\CENT COI.CPlEX
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TAX PARCEL NO.
KETCH OF' LEGAL DESCRIPTION (NOT A SURVEY)
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SEPTEKBER 6. 1994
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PROFESSIO/(AL' ~AN'O SURVEYOR 12769
TRANSpOltTAnoN SERVICES OMSION
COLLIER COUNTY'COVER~II.IENT COMPLEX
3301 E. TAMIAMI mAIL
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SEP - 61M
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this ..6- day of __ ~~
1994, by and between COLLIER COUNTY. a political subdivision of the State of Florida, whose
mailing address is 3301 Tamiami Trail East, Naples, Florida 33962, hereinafter referred to as
"LESSOR" and Golden Gate Fire Control and Rescue District, an independent Special District
of the County of Collier, State of Florida hereinafter referred to as "LESSEE".
WIT N E SSE T H:
In consideration of the mutual premises contained herein, and other valuable
consideration, the parties agree as follows:
ARTICLE I. Demised Premises
LESSOR hereby leases to LESSEE an LESSEE hereby leases from LESSOR the property
described in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter
called the "Demised Premises", being part of the Public Safety Complex (the "Public Safety
Complex") located on Golden Gate Parkway, in the County of Collier, State of Florida, for the
sole purpose of operating fire rescue services.
ARTICLE 2, Term of Lease
LESSEE shall have and hold the leased premises for a term of thirty (30) years, reduced
by LESSEE'S period of possession of the Demised Premises, commencing upon the execution
of this Lease by both LESSEE nnd LESSOR, nnd expiring on March 31. 2021. The parties
acknowledge that LESSEE has been in possession of the Demised Premises since April 1, 1991.
LESSEE is granted the option, provided it is not in default of any of the terms of this
Lease or the Agreement dated July 25, 1989 between the LESSOR an the LESSEE to purchase
the Demised Premises pursuant to the terms of the July 25, 1989 Agreement. In the event
LESSEE elects not to exercise its option, LESSEE and LESSOR shall use their best efforts to
renegotiate the terms of a subsequent Lease ^,;a.f,ment l}l.~F..expiration of the lense term,
aOOI uuO PAlitrsU
ARTICLE 3. Rmt
SEP - 6 1M
LESSEE hereby covenants and agrees to pay as minimum rent for the Demised Premises
the monthly sum of One Thousand Three Hundred Ninety-Nine and 51/100 Dollars ($1,399.51).
A II rental payments shall be due and payable in advance on the first day of every calendar
month during the tenn hereof, If the tenn of this Lease shall commence on a day other than the
first of the month, LESSEE shall pay rent equal to one-thirtieth (I/30th) of the monthly rental
multiplied by the number of rental days of such fractional month.
If LESSOR and LESSEE enter into a subsequent Lease Agreement upon the expiration
of this Lease, the rent for the subsequent tenn shall be established by an appraisal prepared by
the Collier County Real Property Management Department Review Appraiser, or at LESSOR'S
option. hy an appraiser who shall be II member of the American Institute of Real Estate Appraiser
("MAL "). Said appraiser shall be paid for by LESSEE.
ARTICLE 4. Other Expenses and Chal'lle~
LESSEE shall pay all janitorial services and utility charges pertaining to the Demised
Premises including, but not limited to, charges for gas, electricity, light, heat, air conditioning,
power. water, sewer and telephone or other communication service used, rendered or supplied
thereupon or in connection with LESSEE'S use of the Demised Premises, If LESSOR elects to
supply utility services andlor janitorial services, LESSEE agrees to pay its pro rata share as
additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice. For those
expenses where the District's share exceeds Five Hundred Dollars ($500.00), the LESSOR shall
provide the LESSEE with thirty (30) days advllnce notice ifpossible, in order that the LESSEE'S
rire Dislrict Commission may consider IInd comment on the same.
ARTICLE 5. Modification of Demised Premise$
Prior to making any changes, ahemalions. additions or improvements to the Demised
Premises, LESSEE will provide to LESSOR all proposals and plans for alterations,
improvements. changes (lr additions to the Demised Premises for LESSOR'S written approval,
specifying in wriling 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
requesl for changes. improvements, alterations or additions. LESSOR shall not unreasonably
aDDIt 000 PAGE 813
- 2 -
SEP - 6$
withhold ils 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
of LESSEE.
LESSEE covenants and agrees, in connection with any construction, improvement,
nddilion or alternlion of any aUlhorized modifications, additions or improvements to the Demised
Premises, to observe and comply with all present and future laws, ordinances, rules, regulations,
and requirements of the United States of America, State of Florida, County of Collier, and any
nnd nil governmenlal agencies, bureaus, boards or officials.
,
All alterations, improvements, and additions to said Demised Premises shall at once, when
made or installed. he deemed as attached to the freehold and to have become property of
LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty
(30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions,
improvements, alterntions, 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.
LESSEE covennnts and agrees not to use, occupy, suffer or permit said Demised Premises
or any part thereof to he used or occupied for any purpose contrary to law or the rules of
regulations of any public authority,
ARTICLE 6. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right,
after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part
thereof at all reasonable hours for the purpose of examining the same or making repairs therein,
and for the purposes of inspection for compliance with the provisions of this Lease.
ARTICLE 7. Assi~nment and ~ublettin~
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part
of the Demised Premises, or to permit any other persons to occupy same without the written
consent of LES~OR. Any such assignment or subletting shall not relieve LESSEE from liability
for payment of rent or other sums herein PA'}'.!ded or from the obligation to keep and be hound
aOOK 000 PAGE 814
- 3 -
SEP - 6 ~
by the ten11s. conditions and covenants of this Lease. 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,
ARTICLE 8. Indemnification
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which
is acknowledged by the signing of this Lease, covenants and agrees to indemnify, defend and
hold harmless LESSOR, its agents and employees from and against any and all liability (statutory
or otherwise), dal1'!lges. claims, suits, demands, judgments, costs. interest and expenses
(including. but not limited to. attorneys' fees and disbursements indirectly, from any injury to,
or death of, any persons or persons or damage to property (including loss of use thereof) related
to (A) LESSEE'S use of the Demised Premises or conduct of activities therein, (8) 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 (D) any act, omission or negligence of LESSEE or
its agents, contractors. employees, licensees or invitees. In case any action or proceeding is
brought against LESSOR by reason of anyone 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.
ARTICLE 9. Insurance
The LESSEE shall maintain during the course of this Lease comprehensive general
liability coverage including bodily injury and property damage in an amount of not less than One
Million Dollars and 00/100 Cents ($1,000,000.00) combined single limits. Collier County shall
he Ii~tcd all IIn additionlll insured on said rolicy. All insurance policies required above shall be
issued and written with a company or companies authorized to engage in the business of general
liahility insurance in the State of Florida and authori7.ed to do busine'ls under the laws of the
State of Florida.
aOOK 000 PAf,[ 815
.4.
SEP - 6 1M
LESSEE shall also maintain, at its own expense, insurance on the Demised Premises
insuring against damage by fire and other risks customarily comprehended by the term "extended
coveroge" in endorsements to fire insuronce policies in an amount not less than the replacement
cost of the improvements on the Demised Premises.
The LESSEE shall deliver to the LESSOR customary insurance certificates (certificates
of insurance) nOm: to the occupancy of the Demised Premises, which certificates shall clearly
indicate and evidence such paid up insurance and that the LESSEE has obtained insurance in a
type, amount and classification as required for strict compliance with this Lease. Evidence of
such insurance shall be provided to the Collier County Risk Manager, 330 I Tamiami Trail East,
Building "F", Naples, Florida 33962. The LESSEE agrees to make no changes or cancellations
of the insurnnce without thirty (30) days prior written notice 10 the l.ESSOR. LESSEE shall
also ensure that the insurance coverage provided in accordance with the Lease shall require that
the company or companies writing such insurance policy shall provide to LESSOR written notice
of cancellation thirty (30) days prior to the proposed cancellation. The LESSOR reserves the
right to reasonably amend the insurance requirements by issuance of notice in writing to
LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to
obtain such additional insurance.
LESSOR and LESSEE hereby mutually waive their respective rights of recovery against
each other to the extent of losses covered by insurance for any loss insured by fire, extended
coverage, or other property insurance policies existing for the benefit of the respective parties,
If LESSEE falls under the State of Florida Workers' Compensation Law, coverage shall
be provided for all employees. The coverage shall be for statutory limits in compliance with the
applicable slate and federal laws. The policy must include Employer's Liability with a limit of
$100,000.00 each accident.
ARTICLE 10.
Mnintenance of Dcmi!led Premises
I.ESSEE shnll, nt its sole cost and expense, keep the Demised Premises clean at all times.
I f said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will
be so advised in writing. If LESSOR fails to take corrective action within ten (to) days of its
receipt of such notice, LESSOR will cause the same to be cleaned and/or corrected, and
aOOK 000 PAGE 816
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SEP - 6 ~
LESSEE sholl assume ond poy all necessary cleaning costs within ten (10) days of its receipt of
written notice of the costs incurred by LESSOR.
ARTICLE II.
Defoults by Lessee
Foilure of LESSEE to comply with any provision or covenant of this Agreement shall
constitute a default, LESSOR may, at its option, tenninate this Lease after thirty (30) days written
notice to LESSEE, unless the defoult shall be cured within the notice period. However, the
OCcurrence of any of the following events shall constitute a default by LESSEE, and this Lease
may be immediately tenninated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Filing of insolvency, reorganization. plan of arrangement or bankruptcy petitions,
(c) Adjudicotion as bankrupt.
(d) Making of a general assignment for the benefit of creditors.
(e) 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 I I,
LESSOR, in addition to any other rights an remedies it may have, shall have the immediate right
to re-enter and remove oil 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.
In the event of fire, property casualty or loss which results in payment of insurance
proceeds to the County or the District, the County and District shall repair or replace the facility
unless both parties mutually agree to an alternative course of action. In the event that the
DISTRICT and COUNTY mutually agree not to rebuild the facilities, the DISTRICT shall
receive Chat portion of the insuronce proceeds which renect the IImount of lellsc pllyments
actually paid as a percentage of the total payments received under the lease. For example. if the
DISTRICT hilS paid thirty (30%) percent of the lease payments required under the lease, it would
receive thirty (30%) percent of the imlUronce proceeds. The provision shllll also provide that if
for IIny rcllson insuronce proceeds would not be adequate to implement repllir or replacement,
lhen, the County and District shllll bellr any IIdditionlll costs in proportion to their respective
percentllge occupancy.
lOOK 000 PAGE 817
.6-
SEP - 6 ~
ARTICLE 12.
Default by Lessor
LESSOR shall in no event be charged with default in the performance of any of its
ohligations hereunder unless and until LESSOR shall have failed to perform such obligations
within thirty (30) days (or such additional time as is rensonably required to correct such default)
after \mtten notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to
perform any such obligations.
ARTICLE t 3,
~
Any notice which LESSOR or LESSEE may be required to give to the other party shall
be in writing and shall be mailed by certified or registered mail, postage prepaid, hand delivered
or delivered by a nationally recognized courier for overnight delivery, to the other party at the
following address:
LESSOR:
LESSEE:
Board of County Commissioners
Real Property Management Dept.
Building "F"
3301 Tamiami Trail East
Naples, Florida 33962-4977
Golden Gate Fire Control and
Rescue District
4741 Golden Gate Parkway
Naples, Florida 33999
AUention: Fire Chief
ARTICLE 14.
Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the
Demised Premises and any improvements to the Demised Premises 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 term of this Lease, 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 enforeement security protection
provided by law enforcement agencies for the Demised Premises is limited to that provided to
any olher husiness 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.
Rights not specifically granted the LESSEE by this Lease are hereby reserved to the
LESSOR.
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- 7 .
SEP - 6 199'
LESSEE agrees to pay any and all tax imposed on the rental of the Demised Premises
where applicable under law.
LESSEE agrees to pay all intangible personal property taxes 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.
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 infonnation regarding radon and radon testing may be obtained from your county
public health unit.
ARTICLE 17.
Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and
LESSEE,
ARTICLE 18.
Ha7.ardous Material!I!P.nvironmental Audit
LESSEE represents and warrants to LESSOR that no hazardous materials will be
discharged to the air, grounds, sewer, or to a septic system on the Demised Premises.
ARTICLE 19,
Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the
interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements
made by the LESSEE, and liens 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. Governin~ Law
This Lease shall be governed and construed in accordance with the laws of the State of
Florida.
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.8.
SEP - 6 ~
IN WITNESS WHEREOF, the LESSOR and LESSEE have caused this Lease to be
signed upon the day and year first above written.
AS TO THE LESSOR:
DATED~ ~~ /,/ BOARD OF COUNTY COMMISSIONERS
'ArrEST: . . . COLL~ER UNTY, FLORIDA
DWIGHT E. BROCK, CLERK
:' ~ I
. j: ;,7"h//~~,~; , 1/.1' .By: '1 thy' J
ne, Chairman
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AS TO LESSEE:
DATED: 10 h:1 h4
I I
GOLDEN GATE FIRE CONTROL AND
RESCUE DISTRICT
<<~
dYitness (sign re)
~e",,~ A. 5m,:/A.
(print name)
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Witness (signature) l'J
m~\',Ar.._'".. '(y\ f!.v \~....k.,..
(print name) \
By: flJl! /iJ/
Russell A. Budd, Chairman
Approved as to fonn and
legal sufficiency
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Heidi F. Ashton
Assistant County Attorney
D:\ WPS2DA T A \LLB\KPK\2402002C.LA \LB\09-2 1-94
aODK 000 PAGE 820
.9.
SEP - 6199IJ
EXmBIT "A"
Fifty-six percent (56%) of the Golden Gate Public Safety Complex in accordance
with current use and as mutually agreed upon between LESSOR and LESSEE,
0:\ WPS2DA T A \LLB\KPK\2402002C.LA \LB\09-2 I -94
aOOK ()()()PAGt~~jL
. 10.
SEP - 61M
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT made this -'- day Of/~.--.::T .
1994, by and between Collier County, a political subdivision of the State of Florida, (hereinafter
referred to as "COUNTY") and Golden Gate Fire Control and Rescue District, flk/a the Golden
Gate Fire and Rescue District, an independent Special District of the County of Collier, State of
Florida (hereinafter referred to as DISTRIC1),
WIT N E SSE T H:
WHEREAS, the COUNTY and the District entered into that certain agreement dated July
25, 1989 (the "Agreement") concerning the construction of a Golden Gate Public Safety
Complex; and
WHEREAS, this Amendment is intended to accommodate the final construction cost
adjustments as reflected on the equity calculation dated April 13, 1994 attached as Exhibit "C"';
and
WHEREAS, the parties desire to amend and clarify certain provisions contained in the
Agreement.
NOW, THEREFORE, in considemtion of the premises and mutual covenants hereinafter
set forth, the parties mutually agree as follows:
I, Upon proper exercise of the DISTRICTS option described in Section Four of the
Agreement. the COUNTY lIhall convey 1,6 I acres of County property to the DISTRICT as
described in Exhibit "A" via statutory deed at no additional costs to the District other than
closing costs customarily paid by Duyer under the standard form NADOR contmct as then in use
by the Board of Realtors, The statutory deed sha" contain a restriction that said property may
he used only for governmental purposes.
2. Simultaneously with the trnnsfer described in pamgmph One above, the COUNTY
and DISTRICT shall enter into a leallc agreement in thc form attached hereto as Exhihit "11"
lOOK OOOl'AG{ 822
SEP - 6 ~
where the COUNTY shall pay nominal rent to the DISTRICT during the initial term and each
renewal term of said lease agreement.
3. Simultaneously with the execution of this Amendment to Agreement, the
COUNTY and DISTRICT shall enter into a thirty (30) year lease at a rental equal to $1,399.51
per month as described in the equity calculation dated April 13, 1994 attached as Exhibit "C".
The parties agree that the equity calculation attached shall supersede all other calculations and
agreements concerning the rent to be paid by the DISTRICT.
4. Except as provided herein, all terms and conditions set forth in the Agreement
shall remain with the same force and effect according to the terms and conditions contained
therein.
5, During the term of this Agreement, both the COUNTY and DISTRICT shall only
use the facilities for emergency services unless othelWise agreed to between the parties.
6. The Lease described in paragraph 3 above shall contain a provision describing the
DISTRICT'S and COUNTY'S respective insurable interests in the event of fire, casualty, or
property loss, The provision shall require repair or replacement of the facility with available
insurance proceeds, unless the parties mutually agree to an alternative course of action. In the
event that the DISTRICT and COUNTY mutually agree not to rebuild the facilities, the
DISTRICT shall receive that portion of the insurance proceeds which reflect the amount of lease
payments actually paid as a percentage of the total payments received under the lease, For
example, if the DISTRICT has paid thirty (30%) percent of the lease payments required under
the lease, it would receive thirty (30%) percent of the insurance proceeds. The provision shall
also provide that if for any reason insurance proceeds would not be adequate to implement repair
or replacement, then, the County and District shall bear any additional costs in proportion to their
respective percentage occupancy.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and
year first above written.
,DATED: " Y)~f-:/
,'-A TrEST: '-, ' '.
DWIGHT E. BROCK, CLERK
.' /
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aOOK 000 PAGE 823
.'1.
- 2-
AS TO LESSEE:
DATED: IC/J.2/V4
, ,
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(Witness (sig re)
- G~~., J. Shf,.f4:..
(print name)
t..m ' l~} .:~ Q \ U ~ _ "' '-th.2..., Q~....L.~ ..
Witness (signature) " .)
m.."..,., ~',r ',t, '('no! ,,\~t'\ \'rr.\
(print name) J
Approved as to fonn and
legal sufficiency
t"}i.t'i, i/k/\il
Heidi F. Ashton
Assistant County Attorney
D:\WP~mA T A \LLR\KPK\2402002C'.1 A\L0I09.21.94
SEP - 6199't
GOLDEN GATE FIRE CONTROL AND
RESCUE DISTRICT
By: IlJ I &J!
Russell A. Budd. Chainnan
aOOK 000 PAGE 824
- 1 -
SEP - 6
GAL DESCRIPTION:
~ portion of Block 115, according to the plat of Golden Gate Unit
4, as recorded in Plat Book' ,5, Pages 107 through 116, Public
Records of Collier County, Florida, situate in Section 28,
To;.;nchip 49 South. :Rang~ 26 East, Collier County, Florida and
being more particularly described as follo~s:
Commence at the intersection of the centerline of Colden Gate
parkway and the centerline of coronado Parkway. Thence 1~38.54'
39"W along the centerlin,e of Coronado Parkway a distance of 65.00
feet to a point on the southwesterly extension of the
Northwesterly Right-of-way line of Golden Gate Parkway; thence N.
Sl'OS'21"E along the said' extension of the North~esterly
Right-of-way line a distance of 78.00 feet to a Permanent
Reference Monument as shown on the plat thereof, the, said
Monument being also the POINT or BEGINNING of the parcel her~in
described: thence N51. 05' 2l"E continuing along said Northwesterly
Right-of-way line a distance of 215.00 feet; Thence leaving said
Northwesterly right-Of-way line, NJ8.S4'J9n W, 250.00 feet;
Thence S4J'46'59"W, :321..67 feet to the Northeasterly right-of-way
line of Coronado Parkway and the beginning of a non-tangent curve
concave to the southwest, having a radius of 898.17 feet (a
radial line from said point bears S39' 15'42"H); Thence along
said curve and said Northeas'terly right-of-~ay line,
southeasterly la5.41 feet through a central angle ot 11'49'39" to
a point of reverse curvature; thence Southeasterly, Easterly,
northeasterly along the arc of a circular curve having a radius
of 25.00 feet and' a central angle 90'00'00" for a distance of
3'9':27 feet to the POINT OF BEGINNING.
Containing 1. 61 acres,
..
more or less.
.............
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RICHAAo "~~ICC.:;:'~' ..,.j
PROFE:SSIO~IAI. UuO SURv(YOR '2769
mAtISPOR,T", nOf!' Sc:.'t'IlCC:; DIVlSIOtl
COLLIER COQNrr COIltIU:\lENT COUPLEX
3301 C. TAl.IlAJ.ll TRAIl. ".
LES. 961" , ':
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ITCH OF' LEGAL DESCRIPll0N (NOT A SURvt:Y'l
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radius, .,..17'
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_ arc .1.5.41
central, 11'4")'~
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acre.
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----------
II 51'05'21-Z
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275.00'
Jorthvesterly Right-at-vir line
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PARKWAY
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RICHARO ~RICC:' :', WI
PROFESSIO!iAl'(AN'O SURVEYOR 12769
mAHSP61l.TATIOH SERIJICES OI'llSIOII
COlliER COUIH:t 'CO'JtRtlI.AEtlT COMPLEX
3301 C. T AMI AMI mAIL
I P (5. J!l61
PAGt
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SEP - 6 ~
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this _ day of
1994, between the Golden Gate Fire Control and Rescue District, an independent Special District
of the County of Collier. Stnte of Florida. whose mailing address is 4741 Golden Gate Parkway,
Naples. Florida 33999. hercinnRer referred to as "LESSOR". and COLLIER COUNTY.n political
subdivision of the Stnte of Florida. whose mailing address is 3301 Tamiami Trail F.ast. Naples.
Florida 33962. hereinafter referred to as "LESSEE".
WIT N E SSE T H:
In consideration of the mutual covenants contained herein, and other valuable
consideration. the parties agree as follows:
ARTICLE I, Demised Premises
LESSOR hereby lenses to LESSEE an LESSEE hereby leases from LESSOR the property
described in Exhibit "Aft which is attnched hereto and made a part of this Lease. hereinaRer
called the "Demised Premises", being part of the Public Safety Complex (the "Public Safety
Complex") located on Golden Gate Parkway, in the County of Collier. State of Florida, for
emergency medical services andlor law enforcement. or other emergency services,
ARTICLE 2, Term of I ease
LESSEE shall have and hold the leased premises for a tenn of thirty (30) years.
commencing on date of closing of the sale of the facility to LESSOR from LESSEE and ending
thirty (30) years thereafter. This Lease shall automatically renew or consecutive renewal tenns
of thirty (30) years unless the LESSEE gives written notice of termination to the LESSOR not
less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the
renewal tenn then in cfTeet. Said notice !lhall be efTective upon placement of the notice in an
official dcpository of the United States C9AAffice,..lklijstered or Certified Mail, Postage Prepaid.
aOOK UUU PAGt ~, I
I I' )
{ ',</.,1. I
SEP - 6 _
LESSEE, however, reserves the right to tenninate this Lease, with or without cause, upon
ninety (90) days prior written notice of such tennination to LESSOR at the address set forth in
ARTICLE 12 of this Lease. Said notice shall be effective upon placement of the notice in an
official depository of the United State Post Office, Registered or Certified Mail, Postage Prepaid.
ARTICLE 3. Rcn1
LESSEE hereby covenants and agrees to pay as minimum rent for the Demised Premises
the annual sum of Ten Dollars (SI0.00).
All rental payments shall be due and payable in advance on the first day of every calendar
year during the tenn hereof.
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent
set forth in ARTICLE 3 shall remain the same for each thirty (30) year renewal term.
ARTICLE 4. Other Expenses and Ch8~es
LESSEE shall pay all janitorial services and utility charges pertaining to the Demised
Premises including, but not limited to, charges for gas, electricity, light, heat, air conditioning,
power, water, sewer and telephone or other communication service used, rendered or supplied
thereupon or in connection with LESSEE'S use of the Demised Premises. If LESSOR elects to
supply utility services and/or janitorial services, LESSEE agrees to pay its pro rata share as
additional rent within thirty (30) days of its receipt of the LESSOR'S bill or invoice.
ARTICLE 5. Modification of Demised Premises
Prior to making any changes, alternations, additions or improvements to the Demised
Premises, LESSEE will 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 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
of LESSEE.
lOOK OOOf'm82B
-2-
SEP - 6 ~
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 present and future laws,
ordinances, rules, regulations, and requirements of the United States of America, State of Florida,
County of Collier, and any and all governmental agencies, bureaus, boards or officials.
An alterations, improvements, and additions to said Demised Premises shan at once, when
made or installed, be deemed as attached to the freehold and to have become property of
LESSOR. Prior to the termination of this Lease or any renewal term thereof, or within thirty
(30) days thereafter, if LESSOR so directs, 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.
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 contrary to law or the rules of
regulations of any public authority.
ARTICLE 6, Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right,
after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part
thereof at all reasonable hours for the purpose of examining the same or making repairs (or
janitorial service) therein and for the purposes of inspection for compliance with the provisions
of this Lease Agreement.
ARTICLE 7. Assi~ment and Sublettinl:
LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part
of the Demised Premises. or to permit any other persons to occupy same without the 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.
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
aOaK OOOPl~l829
Demised Premises.
- 3 -
SEP - 6 ~
ARTICLE 8. Indemnification
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which
is acknowledged by the signing of this Lease, covenants and agrees to indemnify, defend and
hold hannless LESSOR, its agents and employees from and against any and allliabitity (statutory
or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses
(including, but not limited to, attorneys' fees and disbursements both at trial and appellate levels)
arising, directly or indirectly, from any injury to, or death of, any persons or persons or damage
to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises
or conduct of activities therein, (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 perfonnance of LESSEE'S obligations under this Lease, or (D) any
act, omission or negligence of LESSEE or its agents, contractors, employees, licensees or
invitees. In case any action or proceeding is brought against LESSOR by reason of anyone 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,
ARTICLE 9. Insurance
The LESSEE shall maintain during the course of this Lease comprehensive general
liability coverage including bodily injury and property damage in an amount of not less than One
Million Dollars and 00/1 00 Cents ($1,000,000.00) combined single limits. The Golden Gate Fire
Control and Rescue District shall be listed as an additional insured on said policy. All insurance
policies required above shall be issued and written with a company or companies authorized to
engage in the business of general liability insurance in the State of Florida and authorized to do
business under the laws of the State of Florida.
LESSEE shall also maintain, at its own expense, insurance on the Demised Premises
insuring against damage by fire and other risks customarily comprehended by the tenn "extended
covernge" in endorsements to fire insurnnce policies in an amount not less than the replacement
cost of the improvements on the Demised ~~lses, ,
aoolC UUU Pl.;t830
- 4 -
SEP - 6 ~
The LESSEE shall deliver to the LESSOR customary insurance certificates (certificates
of insurance) pr:iQr to the occupancy of the Demised Premises, which certificates shall clearly
indicate and evidence such paid up insurance and that the LESSEE has obtained insurance in a
type. amount and c1assilication as required for strict compliance with this Lease. Evidence of
such insurance shall be provided to the District at
The LESSEE agrees to make no changes or cancellations of the insurance without thirty (30)
days prior written notice to the LESSOR. LESSEE shall also ensure that the insurance coverage
provided in accordance with the Lease shall require that the company or companies writing such
insurance policy shall provide to LESSOR written notice of cancellation thirty (30) days prior
to the proposed cancellation. The LESSOR reserves the right to reasonably amend the insurance
requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice
LESSEE shall have thirty (30) days in which to obtain such additional insurance.
LESSOR and LESSEE hereby mutually waive their respective rights of recovery against
each other to the extent of losses covered by insurance for any loss insured by fire, extended
coverage, or other property insurance policies existing for the benefit of the respective parties.
If LESSEE falls under the State of Florida Workers' Compensation Law, coverage shall
be provided for all employees, The coverage shall be for statutory limits in compliance with the
applicable state and federal laws. The policy must include Employer's Liability with a limit of
$100,000.00 each accident.
ARTICLE 10.
Maintenance
LESSEE shall. at its sole cost and expense, keep the Demised Premises clean at all times,
Ifsaid Demised Premises arc not kept clean in the opinion of LESSOR, LESSEE'S manager will
be so advised in writing. I r corrective action is not taken within twenty (20) days of the receipt
of slIch notice. LESSOR will cause the same to be cleaned and corrected and LESSEE shall
assume and pay all necessary cleaning costs and such eosts shall constitute additional rent which
shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by
LESSOR.
ARTICLE I I.
Default by I.C!lSCC
Failure of LESSEE to comply with any provision or covenant of this Agreement shall
constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days written
aODK 000 PAGE 831
. s -
.'
SEP - 6 ~
notice to LESSEE, unless the default shall be cured within the notice period, However, the
occurrence of any of the following events shall constitute a default by LESSEE, and this Lease
may be immediately terminated by LESSOR:
(a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation.
(b) Filing of insolvency, reorganization, plan of arrangement or bankruptcy petitions.
(c) Adjudication as bankrupt.
(d) Making of a general assignment for the benefit of creditors.
(e) 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 an 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.
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 ninety (90) days (or such additional time as is reasonably required to correct such default)
after written notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to
perform any such obligations.
ARTICLE 13.
~
Any notice which LESSOR or LESSEE may be required to give to the other party shall
be in writing and shall be mailed by certified or registered mail, postage prepaid, hand delivered
or delivered by a nationally recognized courier for overnight delivery, to the other party at the
following address:
LESSEE:
LESSOR:
Board of County Commissioners
Real Property Management Dept.
Buildin& "F'
:nO\ ,.mamt ,rail East
Naples, Florida 33962-4971
Golden Gate Fire Control and
Rescue Dis1rict
414\ Golden Gate PmVtay
'Naples. f\or\da 33999
Attention~ Fire Chief
aODK 000 PAGlB32
-6-
SEP - 6 m\
ARTICLE 14.
Surrender of Premise!!
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the
Demised premises and any improvements to the Demised Premises upon tennination at any time
as herein provided, broom clean and in as good condition and repair as the same shall be at the
commencement of tenn of this Lease, ordinary wear and tear and damage by fire or the elements
beyond LESSEE'S control excepted.
ARTICLE 15,
General Provi!!ion!!
LESSEE fully understands that the police and law enforcement security protection
provided by law enforcement agencies for the 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 shaH be
the sole responsibility and cost of LESSOR and shaH involve no cost or expense to LESSEE.
Rights not speciticaHy granted the LESSEE by this Lease are hereby reserved to the
LESSOR.
LESSEE agrees to pay any and all tax imposed on the rental of the Demised Premises
where applicable under law,
LESSEE agrees to pay all intangible personal property taxes 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.
Radon Ga!!
In compliance with Section 404,056, Florida Statutes, all parties are hereby made aware
of the foHowing:
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building
in sufficient quantities, may present health risks to person!! who are exposed to it over time.
Levels of radon that exceed federal and state guidelines have been found in buildings in Florida.
Additional infonnation regarding radon and radon testing may be obtained from your county
public health unit.
ARTICLE 17.
Effective Date
This Lease Agreement shall become elTective upon execution by both LESSOR and
.
LESSEE after exercise of the option to purchase by LESSOR.
'OOK 000 PAGl833
- 7 -
SEP - 6 19~
ARTICLE 18.
Hazardous MaterialslEnvironmental Audit
LESSEE represents and warrants to LESSOR that no hazardous materials will be
discharged to the air, grounds, sewer. or to a septic system on the Demised Premises.
ARTICLE 19,
Extent of Liens
All persons to whom these presents may come are put upon notice of the fact that the
interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements
made by the LESSEE. and liens 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.
Govemins= l.aw
This Lease shall be governed 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 on the day and year first above written.
AS TO TIffi LESSOR:
DATED: /0 ht /94
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(print name) -~
GOLDEN GATE FIRE CONTROL AND
RESCUE DISTRICT
By: ~/lJ;/ &II
Russell A. Budd, Chairman
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AS TO LESSEE:
DATED:
A TIEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
Timothy J. Constantine, Chairman
Approved as to form and
legal sufficiency
Heidi F. Ashton
Assistant County Attorney aDDK OOOpA<<B34
D:\ WPS2DA T A \LLB\KPK\2402002.2LA \LB\09-21-94
- 8 .
SEP - 6 ~
EXHIBIT" A"
Forty-four percent (44%) of the Golden Gate Public Safety Complex in accordance
with current use and as mutually agreed upon between LESSOR and LESSEE.
0:\ WPS2DA T A \LLB\KPK\2402002C.2LA \LD\09-21-94
lOOK 000 PAGl835
- 9 -
Total Costl
Appraised land Value pd by GGFD
Conltructlon Costl pd by Cty 10 be
allocaled ba.ed upon uuge
Slbtolal- e<JlIty calculation
Other Costl:
Impact Feel pd by C\y.Olltrlctlo pay 100%
William Tucker(112 01 COIl)
SlbIotal DlltrIct COItl under clllerent
allocation method
Tolal Equity
County'. Shllre
OOFD'. Share
Usage (Bllsed on Sq Ft?)
Total Equity
(Total Cost" Usage %)
Contribution
(Total Cost Based on ^ctua~
Residual Equity
EMS nent
5.0, Rent
Llls Residual Equity
Net Savlnga (loss) \0 County
To Be Paid by GGFD
Residual Equlty-GGFD
Costs paid by dltrlcl
Net Savlnga (loss) \0 GOFD
Dlvtded by 30 Vear..oOFD
(Net SlIvlngato OOFD/30 Vr.)
Dlvtded By 12
(39,522.90/12 months)
n:\Calhy\ggld2.wkl
GOLDEN GATE EMERGENCV SERVICES COMPLEX
EaUITV CALCULATION
4/13194
81,000
-~~
SKl3,200
8,052
580
8,832
--"U~(H;832',
Cost Comparlslon Based on Actual Expendture.
Amount In $ J\mount In "
932,200 93,86%
6\,000 6.14%
,... SKl3l22' -, --too.;..ClO%
Cost Comparlslon Based Upon Usage
_,__~!y_
._.44.00%.... ___,
GGFD
56.r.~~
556,192
437,008
_,___ _9~~,200_ ______f!I.!,9OQ.
~,~95J~~. _ _,_._~9~,1~,
"
County'. Savlnga@ 30 Vears
90,000
_~!6,600
408,600
__.__(~~;L921
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495,192
8,832
503.824=
lOOK 000 PACil836
SEP - 6IM
Tolal
100.00%
993,200
993,2ClQ.
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· Aner 30 Vears at the rate of $1.135 per month.
EXHIBIT -'-