Agenda 05/09/2017 Item #16E 405/09/2017
EXECUTIVE SUMMARY
Recommendation to approve a Land Lease Agreement with the District School Board of Collier
County for an Emergency Radio Communication Tower at Gulf Coast High School.
_____________________________________________________________________________________
OBJECTIVE: To develop a public safety communications site at Gulf Coast High School to facilitate
implementation of the P25 radio system.
CONSIDERATIONS: Contract 15-6409 for the P25 radio system implementation was approved by the
Board on April 14, 2015, Agenda Item 11A. Contract 15-6409 includes a system design that increases the
number of radio communication sites from eleven to fourteen. The additional sites are required to meet
public safety signal propagation requirements and P25 technical standards.
The Immokalee Road corridor between I-75 and Collier Boulevard is one area public safety agencies have
identified as critical for improvement in radio system propagation. Staff encountered significant difficulty
identifying suitable properties that would accommodate a tower under the land development code or an
existing commercial tower capable of meeting the County’s technical requirements. Staff identified an
existing tower at Gulf Coast High School as a desirable location.
Following extensive discussions with the District School Board of Collier County (District), an agreement
was reached that will allow the County to replace the existing tower with a more durable tower that meets
current building codes. The tower will support the District’s existing communications requirements and
the County’s expanded use of the tower for its equipment. The County will be responsible for all costs
associated with the implementation, operation, and maintenance of the tower site. The District has agreed
to provide the ground space at no charge over the entire twenty (20) year term in exchange for the ability
to utilize the County’s radio system. The District will be responsible for the procurement of its radios that
will be compatible with the County’s system.
In accordance with School Board Administrative Procedure 7315, Use of District Sites for
Communication Towers, a notification was sent to all adjoining property owners. County staff met with
the School Advisory Councils at Gulf Coast High School and Laurel Oak Elementary School. A public
meeting was also held on April 27, 2017, at Gulf Coast High School regarding the County’s proposal to
replace the tower. Following these meetings, staff and the District agreed to move forward with the
attached Land Lease Agreement.
FISCAL IMPACT: All costs associated with the development and construction of the tower and
associated infrastructure are included in contract 15-6409. Operational costs for utility services and
maintenance will be paid from the 800MHz Inter-Governmental Communications Program account
number 188-140480. These costs will be included in future annual budgets for fund 188.
GROWTH MANAGEMENT: There is no Growth Management Impact associated with this Executive
Summary.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form
and legality. Majority support of the Board is required for approval. - JAK
RECOMMENDATION: To approve the Land Lease Agreement with the School District of Collier
County and authorize the Chairman to execute same.
Prepared by: John Daly, Telecommunications Manager, Information Technology Division
16.E.4
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05/09/2017
ATTACHMENT(S)
1. Gulf Coast HS Tower Lease CAO (PDF)
16.E.4
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05/09/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.4
Doc ID: 3025
Item Summary: Recommendation to approve a Land Lease Agreement with the District School
Board of Collier County for a Public Safety Radio Communication Tower at Gulf Coast High School.
Meeting Date: 05/09/2017
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
04/13/2017 4:10 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
04/13/2017 4:10 PM
Approved By:
Review:
Facilities Management Dennis Linguidi Additional Reviewer Completed 04/13/2017 4:27 PM
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 04/20/2017 10:27 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 04/20/2017 10:36 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 04/25/2017 3:17 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/26/2017 10:49 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/26/2017 2:35 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 04/27/2017 9:54 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2017 9:21 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM
16.E.4
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LAND LEASE AGREEMENT
(County Emergency Radio Communication Tower at Gulf Coast High School)
This LaNo LEASE AcnreurNr ("Agreement") is dated as of the day of May, 2017 , by The District
School Board of Collier County, Florida, (;Lessor") and Collier County, a political subdivision of the State of
Florida ("Lessee").
For One Dollar ($1.00) paid to Lessor, and other good and valuable consideration the receipt and
sufficiency ofwhich are hereby acknowledged, the parties hereto agree as follows:
l. premises. Lessor owns a parcel of land ("Land") Iocated in the County of Collier, State of Florida,
"o,n-onlffi6in as Gulf Coast High School, 787i1 Shark Way, Naples, FL 34119 (Parcel No.00194800006)'
Subject to the provisions of Section 2 below ("Effective DatelDrre Diligence Period"), Lessor hereby leases to
Lessee and Lessee leases from Lessor approximately 1,104 square feet of the Land ("Premises"), as shown in the,
-o.pornd Layout diagram attached heieto as rxnirit e and made a part hereof. Lessee shall have the right of
access over and across the Land and to the p..rn-ir., urd the right to install utility lines in such locations and at such
times as approved bY Lessor.
Z. Effective Date/Preconstruction Period. This Agreement shall be effective on the date of full execution
hereof(..EffectiveDut"@ctiveDateandcontinuinguntiltheTermCommencementDateas
dehned in Section 3 below (thJ"Prec-onstruction Period"), Lessee shall only be permitted to enter the Land for the
limited purpose of making appropriate engineering and boundary surveys, inspections,
-
and other reasonably
,...rrury investigations and signal, topographicil, geotechnical, structural, soil and environmental tests
(collectively, ,,Investigations and iests") ihai Lessee *uy d."rn necessary as preconstruction activities. Lessor and
i"rr." expiessly acknowledge and agree that Lessee's aciess to the Land during this Preconstruction Period shall be
solely forihe limited purpo; of perfirming the Investigations and T-e_sts. All Investigations and Tests conducted by
Lessee shall be conduited at times approved by the Lessor (or its staff).
3. Term. The term of Lessee's tenancy hereunder shall be for a period of twenty (2.1) Vears, commencing on
June l, 2017 ("Term Commencement Date") and terminating on May 31,2037 ("Term") unless otherwise
terminated as provided herein.
4. Rent/Lessor,s Use of Radio Svstem. Lessee shall not pay any rent to Lessor for its use of the Premises
throughout the Term of tl-Nlgre"m"rrl Lessor shall have the right to utilize Lessee's emergency radio
communication system over its entire coverage area for Lessor's radio communications, provided that Lessor
purchases, at its sole cost and expense, radiosihat are compatible with Lessee's emergency radio communication
system.
5. Use. Lessee may use the Premises strictly for the provision of the emergency radio communication
services,Irul Lessee shall have the ongoing right toperform such Investigations and Tests as Lessee may deem
necessary provided that all such Investigations alnd Tesis are conducted with the approval ofthe Lessor (or its staff)'
Lessor authorizes Lessee, at its sole co-st and expense, to submit all applications and documentation necessary for
and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's
intended use of the Premises.
6. Facilities: Utilities: Access.
(a) Lessee has the right to, in compliance with any applicable law, including the Jessica Lunsford Act,
to come onto the Land to consuict, erect, insiall, maintain, teJt, replace, remoYe, operate and upgrade on the
p.".iser, communications facilities, including specihcally an emergency radio communication tower or pole (not to
exceed 150 feet in height, as shown in the Tower Elevation diagram attached hereto as Exhibit B and made a part
Emcrgcncy Radio Communication Towcr
Gulf CoaSt High SChool
Land Leasc Agrecment
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16.E.4.a
Packet Pg. 710 Attachment: Gulf Coast HS Tower Lease CAO (3025 : Gulf Coast High School Tower Lease Agreement)
hereof) and foundation, utility lines, transmission lines, an equipment shelter(s), gates and fencing, electronic
equipment, transmitting and ieceiving anteru1as, microwave dishes, a power generator and generator pad, and
supporting equipment u-nd ,t u.tu..s flessee Facilities"). In connection therewith, Lessee has the right to do all
work necessary to prepare, maintain and alter the Premises for Lessee's use and operations provided that all such
activities are conduited at iimes approved by the Lessor (or its staff) and all construction plans are approved by the
Lessor (or its staff). All of Lessee's construction and installation work shall be performed at Lessee's sole cost and
expense and properly permitted and in compliance with all applicable laws and in a good and workmanlike manner'
Leisee shall hold title to all of Lessee's Facilities which shall remain Lessee's personal property and are not fixtures.
Lessee has the right to remove the Lessee Facilities at its sole expense on or before the expiration or earlier
termination of this Agreement, and Lessee shall repair any damage to the Premises caused by such removal,
ordinary wear and tear and damages caused by the elements or beyond Lessee's control excepted. Upon the
expiration or earlier termination oi thir Agreement, Lessee shall remove all of Lessee Facilities or any portion
thereof from the Land as directed by Lessoi(or its staff), and may be required to remove any foundations, footings
(no more than 3 feet below grade), concrete paving, gravel, vegetation or utilities that Lessee has installed as part of
Lessee's Facilities.
(b) Lessee shall pay for the electricity it consumes in its-operations at the rate charged by the servicing
utility company. Lessee's etectricity use shall be separately metered and directly invoiced to the Lessee' Lessee
shall not utltizl any of Lessor's equipment or improvements located on the Land to supply electricity to Lesse.e's
Facilities. In connection therewiih, Lessor hereby agrees to grant to the local telephone, power and utility
companies (as appropriate) non-exclusive rights to locati, construct, install, operate, mainlain, repair, replace,.alter,
extend, and/or ri-ove cables and lines on, over, under and across a portion of the Land as necessary to facilitate
Lessee,s intended use ofthe premises. Lessor agrees to sign such documents or easements, subject to the approval
of the District School Board of Collier County, Florida, and at no cost to Lessee or to the utility companies, as may
be required by said utility companies to p.orid. such utility service to the Premises. Any easements necessary for
such power oi other utitiiies wiit ue at loCations approved in writing by Lessor and acceptable to the servicing utility
company.
(c) Lessee, Lessee's employees, agents and contractors.shall have access (24 hours per day, 7 days per
week) to ihe Premises upon notice to, and approval by the Lessor (or its staff)'
(d) Lessor shall maintain its existing driveways and parking lot on the Land in a manner sufficient to
allow for reasonable pedestrian and vehicular access by Lessee. Lesseg shall be solely responsible for repairing any
damage caused to the existing driveways, parking lot, iecreational facilities or any other existing improvement on the
Landihat is caused by the insiallation of the LessJe Facilities or resulting from Lessee's use of the Premises'
(a) Lessee shall operate Lessee Facilities in compliance with all applicable laws, including all Federal
communications commission (',,FCC") requirements including those prohibiting inlerference to communications
facilities of Lessor or other leisees or licinsees of the Lessor. Lessee, at its sole cost and expense, shall be
,esporriut" for relocating Lessor's existing communication equipment from its current location on an existing
concrete pole on the LanJ("Lessor,s Communication Equipment") to the emergency radio communications tower
or pole installed as part of ihe Lessee Facilities in a location ind manner that is approved by the Lessor (or its staffl'
Subsequent to the installation by Lessee, Lessor shall have the right in its sole discretion (and at its sole cost and
"*p*r"; to maintain, upgrade, improve and repair Lessor's Communication Equipment and Lessor shall make
reisonable efforts to coordinate such activities with Lessee'
(b) Subsequent to the installation of Lessee Facilities, Lessor will not, and will not permit its lessees
or licensees to, install new equipment on or make any alterations to the Land if such modifications will cause
Emergency Radio Communication Tower
Gulf Coast High School
Land Lease Agreement
7.
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16.E.4.a
Packet Pg. 711 Attachment: Gulf Coast HS Tower Lease CAO (3025 : Gulf Coast High School Tower Lease Agreement)
interference with Lessee's operation of the Premises for its intended use. In the event interference occurs, Lessor
agrees to use best efforts to eliminate such interference in a reasonable time period.
(c) Lessee, at its sole cost and expense, shall be responsible for the removal and disposal of the
existing concrete pole currently located on the Premises.
g. Termination. This Agreement may be terminated without further liability on thirty (30) days prior written
noti"" u, follo*"1; "ither
party upon a deiault of any covenant or term hereof by the other party, which default is
not cured within sixty (60)'days oi receipt of written notice of default, except that this Agreement shall not be
terminated if the defauli "r*oi reasonably be cured within such sixty (60) day period and the defaulting paffy has
commenced to cure the default within suih sixty (60) day period and diligently pursues the cure to completion; or
(ii) by Lessee if it does not obtain or maintain iny license, permit or other approval necessary for the construction
and operation of the Lessee Facilities; or (iii) by Lessee if Lessee is unable to occupy and utilize the Premises due to
un u"iio, of the FCC or other Federal, State or local governmental entity; (iv) by Lessee if Lessee experiences
performance problems for any reason which make the Premises unfeasible or unacceptable for continued operations;
or (v) by Lesior if Lessee fails to allow Lessor the use of Lessee's emergency radio communication system over its
ertire
"overu
ge areafor Lessor's radio communications, provided that Lessor purchases, at its sole cost and expense,
radios that are compatible with Lessee's emergency iadio communication system. Upon any termination or
expiration of this Agreement, Lessee at its sole cost ind expense shall remove any and all of the Lessee Facilities
and make reasonable restoraiion and repair to the Land or iny other improvements that may be damaged by such
removal.
g. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned
or t ansf.rred in lieu of conde.nation, Lessee may elect to terminate this Agreement as of the date of the damage,
destruction, condemnation or transfer in lieu of ctndemnation by giving notice to Lessor ro more than forly-five
(45) days following the date of such damage, destruction, condemnation or transfer in lieu of condemnation'
10. Insurance. Each party shall, at its sole cost and expense, procure and maintain insurance coverage in the
minimum amounts and types as requiied under Florida law. The parties agree that either party may be self-insured
on the condition that all ielf-insurance(s) must comply with all Florida laws and regulations.
ll. Liability and Indemnity. To the extent provided by law, I,essee agrees to hold harmless, indemniff and
defendLmagentS,officers,directors,indemployeesforanyandallc1aimS,loSSes,penalties,
demands, judgments, c6sts of suits, including attorney's fees, for any expense, damage or liability incurred, whether
for personal iijury, property damage, direct or consequential damages, or economic loss arising directly or indirectly
from or in connection'wiiir Lessie's use of the Piemises or Lessee's breach of any term or condition of this
Agreement or from the negligence or willful misconduct of Lessee or its agents, employees or contractors activities
in or about the Land. The duties described in this Section shall apply as of the Effective Date of this Agreement and
survive the termination of this Agreement. Notwithstanding anyhing to the contrary, the foregoing indemnification
shall not be deemed a waiver of a:ny limitation of liability to which either party may be entitled under Florida law.
12. Assignment and Subletting. Lessee shall not assign, convey or transfer -its leasehold under this
eg,..-.ffiofthePremiseswithoutthepriorwrittenconsentofLessor.ThisAgreement
str-alt run with the Land and ,i.rutt u. binding upon and inure to the benefit of the parties, their respective successors,
personal representatives, heirs and assigns.
13. Repairs. Lessee shall promptly repair any damage (except for ordinary wear and tear) to the Premises or
Land caused by Lessee's use or the negligence or willful misconduct of Lessee. Upon expiration or termination of
this Agreement, Lessee shall repair the Premises to substantially the condition in which it existed upon start of
construction, reasonable *"u, und tear and loss by casualty or other causes beyond Lessee's reasonable control
excepted.
Emergency Radio Communication Tower
Gulf Coast High School
Land Lease Agreement
-3 -
16.E.4.a
Packet Pg. 712 Attachment: Gulf Coast HS Tower Lease CAO (3025 : Gulf Coast High School Tower Lease Agreement)
14, Miscellan€ous.
(a) This Agreement constitutes the entire agreement and understanding beflveen the parties' and
supersedes'all offers, nJgotiations and other agreements ionceming the subject matter contained herein. Any
amendments to this Agreement must be in wriling and executed by both parties'
(b) Both parties represent and warant that their use ofthe Land and their real and personal property
located theieon is in compliance with all applicable, valid and enforceable statutes, laws, ordinances and regulations
of any competent govemment authority.
(c)lfanyplovisionofthisA$eementisinvalidorunenforceablewithrespecttoanyparty,the
remuinde. olthis Agreement or the applicatio=n of such provision to persons othel than those as to whom it is held
invalid or unenforcible, shall not be affected and each provision of this Ageement shall be valid and enforceable
to the fullest extent permitted by law.
(d)ThisAgreementshallbebindingonandinuretothebenefitofthesuccessorsandpermitted
assignees of the respective parties.
(e)Anynoticeordemandrequiredtobegivenherein.shallbemadebycertifiedorregisteredmail'
."tum ,eceipt .equested, or reliable ovemighi courier to the address ofthe respective parties set forth below:
The SchooI Board of Collicr County Real Prope,Managemellt
3335 East Talnialni Trail,Suite 1 015775 0sccola Trail Naples,FL 34112Naples,FL 34109
Ain:Lcasulg SpecialistAttlli Superintcndent
With a mandatory cOpy scntto:Wih a mandatory copy scntto:
Offlce ofthe Collier Counw AttomeyThe School Board of Collier Counり 3299E¨t Tamiami Trail5775 0sccola Trail Naples,FL 34112Naples,FL 34109
Ain:District Ceneral Counscl Attn:Coun″Attomcy
Lessor or Lessec may froln timc to time dcsigllate any other address fOr llis purpose by written notice to the oulcr
paゥ AI notices hercunder shall bc deemed reccived upon actual receipt or reisa1lo acccpt delive,
(う TlliS Agleement shall bc govemed by the laws oftlle State of Florida
Ю be」V`れ dtti町 謎l誡 ■出p器 鋼l‰:器 “°f°ne paゥ h∝∝。｀“qj“∝“q∝゛ed∝dttr宙"casonably delay or、vitlllold its approva1 0r consent
狐bH″Tem鷺 獅讐庶1翼 留冒;期 ぶWaramぬ 江ぬwh“ぬen山 ,"嘔 Ltt Cη ¨¨dions undcr this Agreement
¨ぶ:th感 乱:纏 l搬 寵a協 ょ雷留郷 出hS A野 ∝mcllt md ag∝tllat k」∞¨叩蒟“∝“dly agalllst eitllcr pa守
Emergency Radio CommuniCalion TowCr
CulFCoast High SCh001
Land Lcお e Agrcemcnt
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16.E.4.a
Packet Pg. 713 Attachment: Gulf Coast HS Tower Lease CAO (3025 : Gulf Coast High School Tower Lease Agreement)
0) In the event of any breach or default by either party, the other party shall be entitled to all rights
and remeiies provided for in this Agreemenl and/or available at law, in equity, by statute or otherwise, all ofwhich
rights and remedies shall be cumulative (and not exclusive).
(k) The captions and headings in this Agreement are for convenience only and in no way define, limit
or describe the scope or intent ofany provision ofthis Agreement.
(l) All Recitals set forth above, and alt Riders and Exhibits annexed hereto, form material parts ofthis
Agreement and are hereby incorporated herein by this reference.
(m) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an
original.
[SIGNATURE BLOCKS ON FOLLOWING PAGESI
Emergency Radio Communication Tower
GulfCoast High School
Land Lease Agreemcnl
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Packet Pg. 714 Attachment: Gulf Coast HS Tower Lease CAO (3025 : Gulf Coast High School Tower Lease Agreement)
By:By:
By:
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of the last signature below'
AS TO LESSOR:
THE DISTRICT SCH00L BOARD
OF COLLIER COUNTY,FLORIDA
Witnesses:
Roy M. Terry, School Board Chair Name:
Name:
Attest:
Dr. Kamela Patton, SuPerintendent
Approved as to Form & Legal Sufficiency
Jon Fishbane, District General Counsel
(SEAL)
Notary Public
My commission exPires:
Emergency Radio Communication Tower
Gulf Coast High School
Land Lease Agreement
STATE OF FLORIDA
COUNTY OF COLLIER
醐1舗 冨l鮮 l締authorized capacity,and that by their signa籠 o on the inЫ
person acted,executed the instrument.
Wl■■ヾESS my hand and ofrlcial seal.
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16.E.4.a
Packet Pg. 715 Attachment: Gulf Coast HS Tower Lease CAO (3025 : Gulf Coast High School Tower Lease Agreement)
AS TO LESSEE:
ATTEST:
DWIGHT E.BROCK,Clerk BOARD OF COUNTY COMMISS10NERS,
COLLIER COUNTY,FLORIDA
PENNY TAYLOR, Chairman
Deputy Clerk
Emergency Radio Communication Tower
Gulf Coast High School
Land Lease Agreement
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Packet Pg. 716 Attachment: Gulf Coast HS Tower Lease CAO (3025 : Gulf Coast High School Tower Lease Agreement)
EXIIIBIT A
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16.E.4.a
Packet Pg. 717 Attachment: Gulf Coast HS Tower Lease CAO (3025 : Gulf Coast High School Tower Lease Agreement)
EXIIIBIT B
PROPOSED 15σ REPLACEMENT
MONOPOLE TOWER
EXISllNC ANTENNA
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16.E.4.a
Packet Pg. 718 Attachment: Gulf Coast HS Tower Lease CAO (3025 : Gulf Coast High School Tower Lease Agreement)