Agenda 10/25/2016 Item #16E 5 16E.5
10/25/2016
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with North Collier Fire District for EMS
Division's continued use of Station 48 at an annual cost of$10,740,effective October 1,2016.
OBJECTIVE: To maintain response times and system performance in the North Naples area.
CONSIDERATIONS: To improve response times and meet level of service standards in the North
Naples area, in July 2015 EMS staged an ambulance at the North Collier Fire District's Station 48 (North
Livingston) until a new station could be constructed (Logan and Vanderbilt). Once construction of the
new station was complete, EMS evaluated call volume and response times and determined that
maintaining an ambulance at the Station 48 location coupled with the newly constructed station best
meets the needs of the North Naples area. The ambulance that was placed at the newly constructed
station was moved from another EMS station within the EMS system that had two ambulances at one
location. Existing resources were reallocated and no additional funds were needed for the ambulance.
The original lease term expired in July 2016, but has been renewed on a month-to-month basis since the
term ended. Under the terms of that lease, which was negotiated for a short term only, EMS paid 40% of
utility charges based on the space occupied by EMS.
The new lease term will be for one year with month-to-month option thereafter. The County will be
responsible to pay$12.00 per square foot(based on the EMS area)per year for a total of$10,740,payable
in monthly installments of$895.00, which is comparable to other long term leases the County holds with
the North Naples Fire District. The EMS area will include one (1) apparatus bay, two (2) bunks, along
with shared space consisting of kitchen, office area, dining area, day room, fitness area and restrooms
with shower facilities. Utilities expenses (sewer, water and electricity) shall be included in the monthly
rental payment. The County or North Collier may terminate the Lease at any time by providing 90 days
written notice.
The attached Lease has been reviewed and approved by the EMS Division,North Collier Fire District and
the Office of the County Attorney.
FISCAL IMPACT: Annual cost of rent including utilities, $10,740. The cost for utilities only during
FY16 was $7,184.91.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The attached lease has been reviewed by the County Attorney, is
approved as to form and legality,and requires majority vote for approval. -JAK.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes the
Chairman to execute the Lease Agreement with North Collier Fire District.
Prepared by: Tabatha Butcher, EMS Chief
ATTACHMENT(S)
1.Lease Agreement-Fire Station 48 -JAK signed0000 (PDF)
Packet Pg. 1738
16.E.5
10/25/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.5
Item Summary: Recommendation to approve a Lease Agreement with North Collier Fire District
for EMS Division's continued use of Station 48 at an annual cost of$10,740, effective October 1, 2016.
Meeting Date: 10/25/2016
Prepared by:
Title: Supervisor-Accounting—Administrative Services Department
Name: Artie Bay
10/03/2016 2:08 PM
Submitted by:
Title: Department Head-Administrative Svc—Administrative Services Department
Name: Len Price
10/03/2016 2:08 PM
Approved By:
Review:
Administrative Services Department Pat Pochopin Level 1 Division Reviewer Completed 10/04/2016 8:55 AM
Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 10/04/2016 3:53 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 10/14/2016 2:47 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/14/2016 3:12 PM
County Attorneys Office Jeffrey A.Klatzkow Level 3 County Attorney's Office Review Completed 10/14/2016 4:20 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 10/17/2016 9:04 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 10/18/2016 4:09 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/25/2016 9:00 AM
Packet Pg. 1739
16.E.5.a
'i >
Lease#
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of
2015, between North Collier Fire District, an Independent Special District of the County of Collier,
State of Florida, created under Chapter 61-2032, Laws of Florida, and its successors, whose mailing
address is 1885 Veterans Park Dr,Naples Fl 34109, hereinafter referred to as "LESSOR", and Collier
County, a political subdivision of the State of Florida, whose mailing address is 3299 East Tamiami N
Trail,Naples,Florida 34112,hereinafter referred as"LESSEE".
J
WITNESSETH
0
In consideration of the mutual covenants contained herein, and other valuable consideration,the n
parties agree as follows:
00
ARTICLE 1. Demised Premises
C=I
CD
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR one(1) apparatus
bay, two (2) bunk rooms, hereinafter referred to as the "EMS Department Area". The kitchen, office
area, dining area,day room, fitness area and male and female restrooms with shower facilities shall be
shared by LESSEE and LESSOR,hereinafter referred to as "Shared Area". Both the EMS Department Y
Area and Shared Area shall collectively be referred to as the "Demised Premises," located at 16280
Livingston Rd, Fire Station Number 48, for the sole purpose of operating an emergency medical
service facility.
0
LESSOR has the right to change the Demised Premises in order to accommodate the future
needs of the LESSOR'S operation. However, if the LESSEE'S Demised Premises are changed,
LESSOR agrees to provide LESSEE with accommodations equal to or better than those modified in �-
order for LESSEE to continue its operations at this location. Should the said changes to the Demised c
Premises result in the elimination of LESSEE's usage,LESSEE shall be given ninety(90) days notice,
or if said changes result in lesser or greater usage a proportionate change in rent shall be initiated 0
accordingly.
ARTICLE 2. Term of Lease
CD
LESSEE shall have and hold the Demised Premises for a term of one(1)years, commencing on
October 1, 2016. Thereafter, the Lease shall be automatically extended upon the same terms and
conditions contained herein on a month to month basis.
The LESSEE or LESSOR may terminate this Lease, with or without cause, upon ninety (90)
days prior written notice of such termination to the other party at the address set forth in ARTICLE 13
of this Lease. Said notice period shall be effective upon placement of the written notice in an official
depository of the United States Post Office,Registered or Certified Mail, Postage Prepaid.
The Lease term is contingent upon the LESSOR'S continued ownership and occupancy of the
Demised Premises.
ARTICLE 3. Rent
0�0
Packet Pg. 1740
•
16.E.5.a
The rental to be paid by LESSEE to LESSOR shall be $12.00 per square foot (based on the
"EMS Department Area")per year for a total of$10,740,payable in monthly installments of$895.00.
ARTICLE 4. Utilities
Utilities,trash removal,capital improvements,insurance,parking lot and lawn maintenance shall
be included in the rental as above stated. Maintenance and repairs are addressed in Article 11.
LESSOR shall not be liable for any failure of water supply or electric current or any service by
any utility, nor for injury or damage to person (including death) or property caused by or resulting
from such failure or from steam,gas, electricity, water,or rain,which may flood or leak from any part co
of the Demised Premises.
0
ARTICLE 5. Default by Lessee
co
Failure of LESSEE to comply with any provision or covenant of this Lease shall constitute a
default, and "cause" to terminate, whereby LESSOR may, at its option, terminate this Lease for such `A
cause after thirty (30) days written notice to LESSEE, unless the default be cured within the notice co
period(or such additional time as is reasonably required to correct such default).
ARTICLE 6. 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 co
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 thirty(30)days va
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 thirty (30) days there has been no
response from LESSOR or its designee to said proposals or plans,then such silence shall be deemed as E
an approval to such request of LESSEE. c°',
Q li
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,ordinances,rules,regulation, and requirements of the United States of America, State of Florida,
County of Collier,and any and all governmental agencies.
U i
Rf
All alterations, improvements, and additions to said Demised Premises shall at once, when made
or installed, be deemed as attached to the freehold and to have become property of LESSOR. Those
items not attached to the leasehold, such as EMS/ Lessee's equipment may be removed. 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 which are
designated in said notice,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.
2
Packet Pg. 1741
16.E.5.a
LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or
any part thereof to be used or occupied for anypurpose contraryto law or the rulesor r
regulations of
gul
any publicauthority.
authori .
ARTICLE 7. 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
Po any part thereof at all
reasonable hours for the purpose of examining same and making repairs or janitorial service therein,
and for the purposes of inspection for compliance with the provisions of this Lease Agreement. y
f
ARTICLE 8. Assignment and Subletting co
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 ccn
LESSOR any such attempt shall be void ab initio. Any such assignment or subletting, even with the co
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.
.01
ARTICLE 9. Indemnity Y
LESSEE shall indemnify and save harmless the LESSOR from and against any and all claims, co
actions and suits, and from and against any and all losses, damages, costs, charges, reasonable
attorneys' fees, payments, expenses and liabilities which LESSEE may sustain or incur due to the sole
negligent act or negligent omission of LESSOR.
a)
LESSOR shall indemnify and save harmless the LESSEE from and against any and all claims, L
actions and suits, and from and against any and all losses, damages, costs, charges, reasonable
attorneys'fees,payments,expenses and liabilities which LESSEE may sustain or incur due to the sole
negligent act or negligent omission of LESSOR.
a)
Nothing within this ARTICLE shall alter or waive the provisions of Florida Statutes Chapter 768.28 or
the limitations of liability contained therein.
ARTICLE 10. Insurance c
E
LESSEE shall take out and maintain during the course of this Lease, or any renewal thereof,
comprehensive general liability coverage including bodily injury and property damage, premises and
operations coverage, products and completed operations coverage, broad form property damage
coverage, automobile liability coverage including owned automobiles, non-owned automobiles and
hired automobiles and contractual liability coverage in an amount of not less than One Million and
00/100 Dollars($1,000,000.00)combined single limits.
If LESSEE falls under the State of Florida Worker's 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 One
Hundred Thousand and 00/100 Dollars($100,000.00)each accident.
3 E;0)
Packet Pg. 1742
16.E.5.a
and Repairs
11. Maintenanceepairs
LESSEE shall, at its sole cost and expense,keep the demised EMS Department Area clean at all
times. If said EMS Department Area is not kept clean in the opinion of LESSOR,LESSEE'S manager
will be so advised in writing. If corrective action is not taken within ten (10) 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 rent which shall be paid by LESSEE
within ten(10)days of receipt of written notice of costs incurred by LESSOR.
a� I
LESSEE shall repair all damage to the demised EMS Department Area caused by LESSEE, it
employees, agents, independent contractors, guests, invitees, licensees or patrons. LESSOR shall be CO
responsible for all repairs and maintenance to the structure and utilities.
0
Y I
ARTICLE 12. Default by Lessor co
co
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. $
c I
ARTICLE 13. Notices •a)
N
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: co
LESSEE: LESSOR:
Board of County Commissioners North Collier Fire District
c/o Real Property Mgmt.Dept. 1885 Veterans Park Dr
Administration Building Naples,Florida 34108
3299 Tamiami Trail East
Naples,Florida 34112 Attention: Commission Chairman E
cc: Fire Chief
cc:Office of the County Attorney
Emergency Medical Services Chief N
Real Property Management Leasing Agent
ARTICLE 14. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the EMS
Department Area and any improvements to the EMS Department Area upon expiration of this Lease,
or its earlier termination as herein provided, broom clean and in as good condition and repair as the
same shall be at the commencement of the term of this Lease or may have been put by LESSOR or
LESSEE during the continuance thereof,ordinary wear and tear and excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or
agency situated in Collier County, and LESSOR acknowledges that any special security measures
4
Packet Pg. 1743
16.E.5.a
deemed necessary for additional protection of the Demised Premises shall
be the sole responsibility
and cost of LESSEE and shall involve no cost or expense to LESSOR.
LESSEE expressly agrees for itself, its successor and assigns, to refrain from any use of the
Demised Premises which would interfere with or adversely affect the operation or maintenance of
LESSOR'S standard operations where other operations share common facilities.
ARTICLE 16. Radon Gas
In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the
following:
coJ
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 w
radon that exceed federal and state guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from your county public health unit. co
ARTICLE 17. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 18. Governing Law rn
N i
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida. co
� I
O
N
i-.
Signatures appear on the following page.
a)
El
5
Packet Pg. 1744
16.E.5.a
IN WITNESS WHEREOF,the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DATED:
BOARD OF COUNTY COMMISSIONERS,
A 1'TEST: COLLIER COUNTY,FLORIDA
DWIGHT E.BROCK,Clerk
BY: BY:
Deputy Clerk Donna Fiala,Chairman co
00
AS TO THE LESSOR: N
DATED: 7-/y-/( NORTH COLLIER FIRE CONTROL
ATTEST: AND RESCUE IS"!RICT
BY: .. . . .. . i:..—_ . . BY: %!L. _ ¢
Margaret I-Ia eon, Secretary-Treasurer No an E. Feder, .hairman
00
'./A
W I'f N I:SS(signature)
a,
Log,. FRe,',3v/e.
Print Name
WITNES S/(signature)
Print Nafne �..
t4
Approved .' to f and legality:
l, .
,t
Jeff Klatzko , unty Attorney
Page 6 of 6
Packet Pg. 1745