Agenda 05/10/2016 Item #16E 1n
5/10/2016 16.E.1.
EXECUTIVE SUMMARY
Recommendation to approve an Assumption and Second Amendment to Lease Agreement with
Embarq Florida, Inc., DBA Centurylink.
OBJECTIVE: To acknowledge a corporate name change for Embarq Florida, Inc., DBA Centurylink,
and to redefine the anniversary date for rental payments on behalf of the Information Technology
Department.
CONSIDERATION: Collier County has a current Lease Agreement (Agreement) with Embarq Florida,
Inc., DBA Centurylink, successor to Sprint -Florida, Incorporated (Embarq), dated Setember12, 2000.
Embarq utilizes the County -owned property west of the North Collier Government Satellite Office on
Orange Blossom Drive for a telephone switching station. The Agreement was amended on April 23, 2002
to reduce the leased area to 110' x 115' as a result of the County's need for additional land for drainage
related to the construction of the North Collier Government Satellite Office.
The Assumption and Second Amendment to Lease Agreement (Assumption) changes the corporate name
to reflect the current owner and revises the anniversary date of the Agreement to April 23, 2002 for
escalation of rent purposes. This is the date on which the leased area was modified.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT: There is no Growth Management Impacts associated with this Executive
Summary.
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. -JAB
RECOMMENDATION: That the Board of County Commissioners approves the Assumption and
Second Amendment to Lease Agreement and authorizes its Chairman to execute same.
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Division of Facilities Management
Attachments:
1. Assumption and Second Amendment to Lease Agreement
2. 2000 Agreement
3. 2002 Amendment
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.1.
Item Summary: Recommendation to approve an Assumption and Second Amendment to
Lease Agreement with Embarq Florida, Inc., DBA Centurylink.
Meeting Date: 5/10/2016
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities Management
2/25/2016 10:22:45 AM
Submitted by
Title: Property Management Specialist, Senior, Facilities Management
Name: DowlingMichael
2/25/2016 10:22:46 AM
Approved By
Name: MottToni
Title: Manager - Property Acquisition & Const M, Facilities Management
Date: 2/25/2016 1:26:04 PM
Name: DalyJohn
Title: Manager - Telecommunications, Information Technology
Date: 2/25/2016 2:02:04 PM
Name: LinguidiDennis
Title: Division Director - Facilities Mgmt, Facilities Management
Date: 2/25/2016 4:02:14 PM
Name: PriceLen
Title: Department Head - Administrative Svc, Administrative Services Department
Date: 4/25/2016 1:15:34 PM
Name: BelpedioJennifer
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5/10/2016 16.E.1.
Title: Assistant County Attorney, CAO General Services
Date: 4/26/2016 4:25:50 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/28/2016 10:23:28 AM
Name: WellsLaura
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 4/28/2016 11:22:33 AM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/29/2016 4:38:48 PM
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License #728
ASSUMPTION AND SECOND AMENDMENT TO LEASE AGREEMENT
THIS ASSUMPTION AND SECOND AMENDMENT TO LEASE AGREEMENT entered
into this day of , 2015, by and between EMBARQ FLORIDA,
INC., DBA CENTURYLINK, a Florida corporation, whose mailing address is 100 CenturyLink
Drive, Monroe, Louisiana 71203, successor in interest to Sprint -Florida, Incorporated, 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, 3335 East Tamiami Trail, Suite 101,
Naples, Florida 34112, hereinafter referred to as "LESSOR."
WITNESSETH
WHEREAS, Collier County and Embarq Florida, Inc. have previously entered into a Lease
Agreement dated September 12, 2000, hereinafter referred to as `Lease,' and a First Amendment to
Lease Agreement dated April 23, 2002, hereinafter referred to as `Amendment;'
WHEREAS, EMBARQ FLORIDA, INC., DBA CENTURYLINK hereby represents to Collier
County that by virtue of a corporate name change, EMBARQ FLORIDA, INC., DBA
CENTURYLINK is a successor in interest to Sprint -Florida, Incorporated in relation to the Lease.
WHEREAS, the LESSOR and LESSEE wish to formalize EMBARQ FLORIDA, INC., DBA
CENTURYLINK's assumption of rights and obligations under the lease and also amend the Lease;
NOW THEREFORE, in consideration of the covenants and agreements provided within said
Lease and said Amendment, which are attached herein and made a part hereof, and Ten Dollars
($10.00) and other valuable consideration, said Lease is hereby amended as follows:
1. EMBARQ FLORIDA, INC., DBA CENTURYLINK accepts and assumes all rights, duties,
benefits, and obligations of the Lessee under the Lease, including all existing and future obligations to
pay and perform under the Lease.
2. EMBARQ FLORIDA, INC., DBA CENTURYLINK will make available to County evidence of
insurance consistent with the Lease. Evidence of LESSEE'S insurance is available at
www.centurylink.com/mio.
3. Notice required under the Lease to be sent to Lessee shall be directed to:
Lessee: EMBARQ FLORIDA, INC., DBA CENTURYLINK
Address: 100 CenturyLink Drive, Monroe, LA 71203
ATTN: Construction Services - East
Phone: 407-814-5318
Email: Victoria.bucherGa�centurylink.com
Attention: Victoria Bucher
CA6
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4. Article 3, fourth paragraph, of the Lease is amended as follows:
In the event LESSEE elects to renew this Lease as provided for in ARTICLE 2, the rent set
forth in ARTICLE 3 shall be increased for the next ensuing efie- ye renewal term in the same
proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers -United States
City Average, all Item -Series A (1982-84=100), United States Department of Labor had increased for
the preceding year by utilizing the CPI figures for the month of Deeembe June. However, in no event
shall the annual minimum rent be less than Thfee Theusand T u a ''�T- se • en '--ell =-"s and
Seven Cents ($3,23:7.07) the preceding year's annual rent as of April 23, 2002, nor shall any yearly
increase be greater than 10%. In the event that the Consumer Price Index ceases to incorporate a
significant number of items, or if a substantial change is made in the method of establishing such
Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have
resulted had no change occurred in the manner of computing such Consumer Price Index. In the event
that such Consumer Price Index (or a successor or substitute index) is not available, a reliable
governmental or other nonpartisan publication, evaluating the information thereto for use in
determining the Consumer Price Index shall be used in lieu of such Consumer Price Index.
2. Except as expressly provided herein, the Lease between the LESSEE and the LESSOR
for the utilization of the Demised Premises described in said Lease dated September 12, 2000, as
amended on April 23, 2002, remains in full force and effect according to the terms and conditions
contained therein, and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this
Assumption and Second Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE:
DATED:
WITNESSES:
Witness (Signature)
(Print Name)
Witness (Signature)
(Print Name)
EMBARQ FLORIDA, INC., DBA CENTURYLINK
FLORIDA, INC., a Florida corporation
BY:
(Signature)
(Print name and title)
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AS TO THE LESSOR:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
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BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
DONNA FIALA, Chairman
OP
"'7
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Lease #728
FIRST AMENDMENT TO LEASE AGREEMENT
THIS, FIRST AMENDMENT TO LEASE AGREEMENT entered into this 33-,A, day of
, 2002 at Naples, Collier County, Florida, by and between the BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3301 East Tamiami Trail,
Naples, Florida 34112, hereinafter referred to as "LESSOR" and SPRINT -FLORIDA, INCORPORATED, a
Florida Corporation, whose mailing address is 6391 Sprint Parkway, Overland Park, Kansas 66251-2040,
hereinafter referred to as "LESSEE".
WITNESSETH
WHEREAS, the Board of County Commissioners of Collier County, Florida and Sprint -Florida, Incorporated
have previously entered into a Lease Agreement dated September 12, 2000;
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement; and
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease Agreement
dated September 12, 2000, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is
hereby amended as follows:
1. Article 1 of the Lease Agreement is hereby deleted in its entirety and the following provision is
substituted in its place:
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR, the property situated near
the intersection of Airport Puling Road (S.R. 31) and Orange Blossom Drive, Collier County, Naples, Florida,
described in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter referred to as the
"Demised Premises," for the sole purpose of operating a telephone switching facility, comprised of an area of
100 feet by 115 feet and which shall commence on April 1, 2002.
2. The first paragraph of Article 3 of the Lease Agreement is hereby deleted in its entirety and the
following provision is substituted in its place:
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Thousand
Nine Hundred Nineteen Dollars ($1919.00) per annum. LESSEE shall also provide, along with said rental
payment, the applicable Florida State sales tax on the rental amount. The annual rent, along with the applicable
sales tax, shall be paid in full within ten (10) days from the commencement date of this Lease and each
anniversary date during the Initial Lease Term of this Lease. Following the first year of occupancy, for each
year of the Lease, the LESSOR shall provide LESSEE with advance written notice of the revised rent calculated
pursuant to this Article 3 for each ensuing year of the Lease term and for any renewals thereto. Said revised rent
shall be due within thirty (30) days from the date of LESSOR'S notice. Any balance of prepaid rent made by
LESSEE to LESSOR shall be applied to the revised rent as stated above.
3. Except as expressly provided herein., the Lease Agreement between Collier County and Sprint -Florida,
Incorporated for the utilization of the Demised Premises described in said Lease Agreement dated September
12, 2000, remains in full force and effect according to the terms and conditions contained therein, and said terms
and conditions are applicable hereto except as expressly provided otherwise herein.
Sprint Network Real Estate
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to
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IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this First Amendment
to Lease Agreement the day and year first above written.
AS TO THE LESSOR:
AT -FEST:.
DWIGHT E: BROCK, Clerk
BY: '
eputy Clerk
Atte's't &I , to -Chs irmu.$
:jP;1trrI "Ij.
AS TO THE LESSEE:
(Print Name)
Wit ess (Signature)
(Print Name)
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
JAMS N. COLETTA, Chairman
SPRINT -FLORIDA, INCORPORATED
BY:
R.«I,oRJ U Aojd.1/z. f c't r -'-Cs So,, N/
Print Name -and Title'Ner4✓PitJ? Re,#G Fsn3re
(corporate seal)
Approved as to form and le al sufficiency:
Thomas C. almer, Assistant County Attorney
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e Exhibit"A"
Boundary Sketch'
Section 2, Township 49 S, Range 25 E
Collier County, Florida
Legal Description
The West 100 feet of the following described property: A portion of the Southeast Quarter of
Section 2, Township 49 South, Range 25 East, Collier County, Florida, and being more particularly
described as the following:
Commence at the centerline intersection of Airport Road and Orange Blossom Drive, Collier
County, Florida, thence along the centerline of Orange Blossom Drive S 89° 49' 45" W a distance
of 50.03 feet to the Westerly right-of-way line of Airport Road, thence N 2° 15' 03" W a distance of
30.02 feet to the Northwesterly right-of-way line intersection of said Airport Road and Orange
Blossom Drive and the Point of Beginning of the parcel of land hereinafter described; thence along
the Northerly night -of -way line of Orange Blossom Drive S 89° 49' 45" W a distance of 1,220.40
feet, thence leaving said Northerly right-of-way line N 2° 13' 45" W a distance of 329.85 feet,
thence N 89 49' 32" E a distance of 1,220.27 feet to the Westerly tight -of -way line of Airport Road,
thence along the Westerly right-of-way line of Airport Rod S 2° 15' 03" E a distance of 329.97 feet
to (lie Point of Beginning less the North 214.85 feet thereof, containing .264 acres, more or less.
N Z'IS'o7•M/ 30.02'
G� o24w{�E BLOSSOM D
This is a sketch only. Not a survey. Not to scale.
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Lease #728
T.F.ASF. AGREEMENT
THIS LEASE AGREEMENT entered into this Lggg, day of gco�J , 2000,
between Sprint -Florida, Incorporated, whose mailing address is 6100 Sprint Parkway, Overland Park, Kansas
66251, 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
In consideration of the mutual covenants contained herein, and other valuable consideration, the parties
agree as follows:
ARTICLE 1. Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property situated
near the intersection of Airport -Pulling Road (S.R. 31) and Orange Blossom Drive, Collier County, Naples,
Florida, described in Exhibit "A, which is attached hereto and made a part of this Lease, hereinafter called
the "Demised Premises", for the sole purpose of operating a telephone switching facility.
ARTICLE 2. Ter of Lease
LESSEE shall have and hold the Demised Premises for a term of five (5) years commencing on August
1, 2000, and ending July 31, 2005, hereinafter referred to as the "Initial Lease Term". LESSEE is granted the
option, provided it is not in default of any of the terms of this Lease, to renew same for five (5) additional
terms of five (5) years, under the same terms and conditions, except as to the rental amount, as provided
herein, by giving written notice of LESSEE'S intention to do so to LESSOR not less than sixty (60) days
prior to the expiration of the leasehold estate hereby created Said notice shall be effective upon placement of
the notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage
Prepaid
Upon execution of this Lease by LESSOR and LESSEE, the License Agreement and Utility Easement .
dated August 15, 1989, between United Telephone of Florida, now known as Sprint -Florida, Incorporated,
and Collier County shall cease and terminate on May 1, 2000.
ARTICLE 3. Bent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Three
Thousand Two Hundred Thirty-seven Dollars and Seven Cents ($3,237.07) per annum. LESSEE shall also
provide, along with said rental payment, the applicable Florida State sales tax on the rental amount. The
annual rent, along with the applicable sales tax, shall be paid in full within ten (10) days from the
commencement date of this Lease and each anniversary date during the Initial Lease Term of this Lease.
Following the first year of occupancy, for each year of the Lease, the LESSOR shall provide LESSEE with
advance written notice of the revised rent calculated pursuant to this Article 3 for each ensuing year of the
Lease term and for any renewals thereto. Said revised rent shall be due within thirty (30) days from the date
of LESSOR'S notice.
If the terms of this Lease commence or end on a day other than the first day of the month, LESSEE
shall pay base rent equal to one thirtieth (1/30th) of the monthly base rent multiplied by the number of rental
days of such factional month.
LESSEE shall also be responsible for the payment of additional rent as provided for in ARTICLE 4 of
this Lease.
In the event LESSEE elects to renew this Lease, as provided for in ARTICLE 2, the rent set forth in
ARTICLE 3 shall be increased annually in the same proportion that the Consumer Price Index for Urban
Wage Earners and Clerical Workers -United States City Average, all Items (1982-84=100), United States
Department of Labor had increased for the preceding year by utilizing the CPI figures for the month of
December. However, in no event shall the annual minimum rent be less than Three Thousand Two Hundred
Thirty-seven Dollars and Seven Cents ($3,237.07) nor shall any yearly increase be greater than ten percent
(10%) of the rent paid 0-;__ +4— ^ Amir r .Pace term. In the event that the Consumer Price Index ceases to
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incorporate a significant number of items, or if a substantial change is made in the method of establishing
such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have
resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that
• such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or
other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price
Index, shall be used in lieu of such Consumer Price Index.
LESSEE shall pay all costs associated with the Demised Premises including, but not limited to,
landscape maintenance, janitorial services and any and all utility charges. Utility charges shall include, but
shall not be limited to, electricity, light, heat, air-conditioning, power, water, sewer and telephone or any
other communication services used, rendered or supplied thereupon or in connection with the Demised
Premises.
LESSEE shall repair all damage to the Demised Premises caused by the LESSEE, its employees,
agents, independent contractors, guests, invitees, Iicensees or patrons.
LESSEE shall, at its sole cost and expense, remove from the Demised Premises all solid, liquid, semi-
solid and gaseous trash and waste and refuse of any nature whatsoever which might accumulate and arise
from the operations of the LESSEE'S business thereto, all in accordance and compliance with all applicable
rules, laws and regulations required by federal, state and local laws.
The LESSEE shall discharge all sanitary waste into a sanitary sewer system only. All industrial wastes
shall be discharge into the sanitary sewer system or septic tank, however, only after the following steps have
been taken:
a) Pretreatment to ensure separation and removal of all solids and insoluble oily type materials to limits
required by County ordinance, or applicable rules, regulations and statutes. Pretreatment to ensure
separation and removal of solids and insoluble hydrocarbon or oily materials, neutralization and
treatment as required by Collier County, in a manner satisfactory to Collier County and in compliance
with present or future requirements of applicable ordinances of these agencies having jurisdiction over,
or responsibility for sanitary waste treatment or prevention of pollution of waterways, canals, streams,
etc. contributing thereto.
b) Water which is utilized solely for the purpose of cooling industrial or air-conditioning equipment, etc.,
and which contains no waste by-products and meets thermal discharge requirements shall be disposed
of through the stone drainage system and not discharged into sanitary sewers.
No soil or earth shall be removed from the Demised Premises and no well of any nature shall be dug,
constructed or drilled on the Demised Premises without first obtaining consent of LESSOR as outlined in
Article 5 of this Lease as well as obtaining all necessary permits, approvals and licenses as required by
federal, state and local laws.
The LESSEE shall operate and maintain, at its sole cost and expense, all the components of water,
industrial and sanitary sewage including sanitary and industrial sewage outfall lines and stormwater drainage
facilities within the boundaries of the Demised Premises.
ARTICLE 5. Modifications to Demised Premises
Prior to making any changes, alterations, 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 to LESSEE.
LESSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Demised Premises, to observe and comply with all then and future applicable laws,
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ordinances, rules, regulations, and requirements of the United States of America, State of Florida, County of
Collier, and any and all governmental agencies.
*40 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 or 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 and making repairs or providing services therein,
and for the purposes of inspection for compliance with the provisions of this Lease Agreement.
ARTICLE 7. Assignment and Subletting
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
ESSORAny 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 Demised Premises.
ARTICLE 8. IndemnilX
LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby
acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and
against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs,
interest and expenses (including, but 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 person or persons or
damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B)
any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents
or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the
Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S
obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors,
employees, subtenants, licensees or invitees. In case any action or proceeding is brought against LESSOR by
reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities
resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S
expense, by counsel reasonably satisfactory to LESSOR.
The LESSOR shall not be liable for any injury or damage to persons or property caused by the
elements or by other persons in the Demised Premises, or from the street or sub -surface or from any other
place.
The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any
property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the
LESSOR harmless from any claims for damages, except where such damage or injury is caused by the
actions of LESSOR or its employees.
ARTICLE 9. Insurance
LESSEE shall provide and maintain automobile insurance in an amount not less than One Million
Dollars ($1,000,000.00), general liability and property liability insurance policy(ies), approved by the Collier .
County Risk Management Department, for not less than One Million Dollars ($1,000,000.00) combined
single limits during the term of this Agreement. In addition, LESSEE shall provide and maintain Worker's
Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable
state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One
Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident.
Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such
insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami Trail,
Administration Building, Nanles. Florida 34112, for approval prior to the commencement of this Lease
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Agreement; and shall include a provision requiring ten 00) days prior written notice to Collier County c/o
County Risk Management Department in the event of cancellation or changes in policy(ies) coverage.
LESSOR reserves the right to reasonably amend the insurance requirements by issuance of notice in writing i
• to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such
additional insurance.
ARTICLE 10. M insM ins_ tenance
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'S manager will be so advised in
writing. If corrective action is not taken within twenty (20) days of the receipt of such notice, LESSOR will
cause the same to be cleaned and corrected and LESSEE shall assume and pay all 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
The 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.
The 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 might accumulate and arise from the operations of the LESSEE'S business.
Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR.
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply for ninety (90) days with any material provision or covenant of this
Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days
written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is
reasonably required to correct such default). However, the occurrence of any of the following events shall
constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR:
• (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 teras of this Lease.
(c) Filing of insolvency, reorganization, plan or arrangement or 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.
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 not removed within thirty
(30) days, pursuant to the Florida Mechanics Lien Law.
If LESSEE fails to pay, when due, any installment of rent or any other sum payable to LESSOR under
this Lease, and if said sum remains unpaid for more than ten (10) days past the due date, then LESSEE shall
pay LESSOR a late payment charge equal to five (5019) percent of any payment not paid promptly when due.
Any amounts not paid promptly when due shall also accrue simple interest of one and one half (1 %:) percent
per month or the highest interest rate then allowed by Florida law, whichever is higher, which interest shall
be paid by LESSEE to LESSOR
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 notice to LESSOR by LESSEE
properly specifying wherein LESSOR has failed to perform any such obligations.
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ARTICLE 13. Notices
Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing
to the other party at the following addresses:
LESSOR:
Board of County Commissioners
c% Real Property Mgmt. Dept.
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
Copy to: Office of the County Attorney
!l-111RS�jl�l/1 �1•
LESSEE:
Sprint -Florida Incorporated
6100 Sprint Parkway
Attention: Network Real Estate Manager Facilities
Mail stop: KSOPHK 0210-2A718
Overland Park, Kansas 66251
LESSEE shall remove all improvements placed upon the Demised Premises by the LESSEE no later
than thirty (30) days following the termination of this Lease or any earlier termination thereto. LESSEE
shall deliver up and surrender to LESSOR possession of the Demised Premises at the termination 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, and repair any damage caused to the Demised Premises by such removal. If LESSEE does
not remove said improvements as required, LESSOR may complete said removals and repairs and LESSEE
shall be responsible for all costs associated with the removal of LESSEE'S improvements and the repair to
the Demised Premises associated with the removal of same.
ARTICLE 15. General_ Provisions
LESSOR shall not be required to furnish to the LESSEE any facilities, utilities or services of any kind
whatsoever during the term of this Lease, such as, but not limited to, water, electricity, light and power,
gardening and outdoor maintenace. All utilities and services, including initial hookups of water, septic and
electricity shall be the responsibility of the LESSEE. LESSEE shall be responsible for the direct payment to
the appropriate company for all utilities and services supplied to the Demised Premises.
LESSEE expressly agrees for itself, its successors 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.
(a) The LESSEE expressly agrees for itself, its successors and assigns, to prevent any use of the Demised
Premises which would interfere with or adversely affect the operation or maintenace of Airport -Pulling
Road (S.R. 31) and Orange Blossom Drive, or otherwise constitute a road hazard.
(b) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR
(c) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where
applicable under law.
(d) 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. 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 protection of the environment.
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ARTICLE 17. Bad
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 Department.
ARTICLE 18. 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 19. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 20. Govcmine
This Lease shall be governed and construed in accordance with the laws of the State of Florida.
ARTICLE 21. CondcmnatiQn
If the entire Demised Premises shall be taken or condemned by any competent authority for any public
or quasi -public use or purpose, then in that event, this Lease and the term of this Lease hereof shall cease and
terminate as to the date upon which the title shall cease and terminate vest thereby in such authority and the
• rental fee hereunder shall be apportioned and paid up to said date in which LESSEE'S business is materially
impaired, whichever is earlier.
If only part of the Demised Premises shall be so taken or condemned, this Lease and the term of this
Lease hereof shall not cease or terminate, but the rental fee payable hereunder atter the date on which
LESSEE shall be required to surrender possession of the part of the Demised Premises so taken or
condemned may be reduced accordingly as of the date of such condemnation or date in which LESSEE'S
business is materially impaired, whichever is earlier. If the remaining portion of the Easement is not
sufficient for the operation of the LESSEE'S business, LESSEE may cancel this LEASE by notifying
LEESSOR within ninety (90) days of the taking of all or a portion of the Demised Premises.
ARTICLE 22. Existinst Easements
LESSSEE shall use the Demised Premises subject to all existing easements. LESSEE agrees that it
shall not do anything that may interfere with any existing easements that encumber the Demised Premises.
ARTICLE 23. No Imnl ed Ap=val of LESSEE'S Use
LESSOR acknowledges that the LESSEE has utilized a portion of the Demised Premises since August
15, 1989, and reiterates that by the execution of this Lease, LESSOR shall not be construed by LESSEE as a
substitute for, or exemption from, those licenses, permits or variances that may be needed by the LESSEE for
its contemplated use of the Demised Premises, nor exempt the LESSEE from the requirement of federal,
state or local laws. LESSEE acknowledges that LESSOR'S execution of this Lease does not constitute an
approval or disapproval of LESSEE'S contemplated use of the Demised Premises. LESSEE further agrees
and acknowledges that it is solely responsible for obtaining all licenses, permits and variances that may be
required for its contemplated use of the Demised Premises.
If LESSEE cannot obtain the necessary licenses, permits, or variances required to improve or operate
at the Demised Premises in basic conformity with LESSEE'S intended use of the Demised Premises,
LESSEE may terminate this Lease by providing LESSOR with written notice of its intent to terminate to the
LESSOR'S address set forth in this Lease. Said notice shall be effective upon placement of the notice in an
official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid. LESSOR
6
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EXHIBIT " A"
BOUNDARY SKETCH.
SECTION Z. ., TOWNSHIP 49 S , RANGE Z5 E
COLLIER COUNTY , FLORIDA
LEGAL DESCRIPTION
The west.:i25 feet of the following described property: A portion of
the Southeast Quarter of Section 2, Township 49 South, Range 25 East,
collier county, Florida, and being more particularly described as
follows:...
commence..at'the centerline intersection of Airport Road and Orange
Bldsactn'DeiVar'.Collier county, Florida, thence along the centerline of
Orpnge 'BlbssOW--Drive S '69'' *49'f 45'i $4 a distance of 50.03 feet to the
Fiesterly right-of-way line of Airport Road, thence N 2' 15' 03".W a
distance of 30.02 feet to the northwesterly right-of-way line
intersection of said Airport Road and orange Blossom Drive, and the
Point of Beginning of the parcel of land hereinafter described; thence
along the northerly right-of�way•line of Orange Blossom Drive S 89. 49'
45" W a distance of 1,220.40 feet, thence leaving said northerly
right-of-way line N 2' 13 '45" W a distance of 329.85 feet, thence N
89' 49" 32" E a distance of 1,220.27 feet to'the westerly right-of-way
line of Airport Road, thence along the westerly right-of-way line of
Airport Road S 2. 15O.03".E.a distance of 329.97 feet to the Point of
Beginning less the North 170 feet thereof. (containing 0.459 acres,
more or_•lbss.) _ '
J'
nl 81 4.91 s
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in 125'
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t-- I-- atZAnKiG BLo55oM Dt?IVt=
'5 89.49'45"%V S0.03'
A SKETCH ONLY. NOT A SURVEY. NOT TO SCALE.
Packet Page -855-
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'5 89.49'45"%V S0.03'
A SKETCH ONLY. NOT A SURVEY. NOT TO SCALE.
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•
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5/10/2016 16.E.1.
hereby covenants and agrees to release LESSEE from all obligation incurred under this Lease, including the
payment of rent as required in Article 3, if this Lease is terminated pursuant to this Article.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR
DATED: ,
rr1, v�ll�i�1't-ti itpCK, Clerk
S.
'. ePutY Clerk
IS
AS TO LESSEE:
DATED:_ 7-1S—cam
T MS (signa e
10 c /Z �o�' uN
(print name)
-VLSS (si e)
(print name)
Approved as to form and
llRoert
uffic' cy:
L11 N. hary
Assistant County Attorney
BOARD OF SIONERS
COLLIE OUNTY, FLORIDA
BY:
TIM J. CON ANTINE, Chairman
•i O•n• INCORpORATED
i
nni or type name
+JIR�a
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