Backup Documents 05/09/2017 Item #16E4 J
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SL
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 E 4
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
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**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing_lines#1 through 42,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routine order) Office Initials Date
I.
2.
3. County Attorney Office County Attorney Office
� / S\277..\\1
4. BCC Office - Board of County
Commissioners —4/ c\z4 --t
5. Minutes and Records Clerk of Court's Office
71)(1 52_11t/ 3:teloin
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name Primary Staff ` 0 tAiL- . Phone Number ci -3
Contactt// Department `
Agenda Date Item was t Agenda Item Number
_ 1 .
Approved by the BCC _ S - 9. 17 / 6
Type of Document Number of Original
Attached k4/.41 c--.A.aG- Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not
__ appropriate. (Initial) Applic,able),
1 Does the document require the chairman's original signature? • /\i/ A
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provide the Contact Information(Name;Agency; Address;Phone) on an attached sheet.
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n-5-. The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's ;,i ?
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Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. ware of your deadlines!
8. The document was approved by the BCC on Be' (enter date) and all changes made f, see
during the meeting have been incorporated in {h attached document. The County l,V a u oeu a `u
Attorney's Office has reviewed the changes, if applicable. R _ ��
9. Initials of attorneyverifying that the attached document is the version approved bythe ;pawn;
BCC, all changes directed by the BCC have been made, and the document is ready for the f arctri a 9m;
Chairman's signature. — I is �t ss
I:Forms/County Forms;BCC Forms/Original Documents Routing Shp WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
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OL.I.„„
• "'- • Memorandum
O R I D P
'(i( r :'
To: Minutes and Records
Clerk to the Board
From: Michael Dowling \
Senior Property Management Specialist
Real Property Management
Date: May 9, 2017
Subject: Land Lease Agreement— Gulf Coast High School
BCC: May 9, 2017, Item 16 E 4
Please attest and provide me with an electronic copy AND one original.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
16E 4
Ann P. Jennejohn
From: Ann P. Jennejohn
Sent: Tuesday, May 23, 2017 3:19 PM
To: DowlingMichael (MichaelDowling@colliergov.net)
Subject: Item #16E4 (May 9, 2017 BCC Meeting)
Attachments: Backup Documents 05_09_2017 Item #16E4.pdf
Hi again
An electronic copy of Item #1-6E4, from the May q, 2.01-7 13CC Meeting
is attached for you. The second original will be returned to your office.
Thanks again!
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk to the Value Adjustment Board
Collier County Board Minutes & Records Dept.
239-252-8406 Fax 239-252-8408
1
1
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MEMORANDUM
Date: May 23, 2017
To: Michael Dowling, Sr. Property Management Specialist
Real Property Management
From: Ann Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Land Lease Agreement between the District
School Board of Collier County and Collier County
Attached, for your records is the original agreement, referenced above,
(Item #16E4) approved by the Board of County Commissioners on May 9, 2017.
The second original agreement will be held by this department for the Board's
Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment
16E4
LAND LEASE AGREEMENT
(County Emergency Radio Communication Tower at Gulf Coast High School)
This LAND LEASE AGREEMENT("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 of which are hereby acknowledged,the parties hereto agree as follows:
1. Premises. Lessor owns a parcel of land ("Land") located in the County of Collier, State of Florida,
commonly known as Gulf Coast High School, 7878 Shark Way, Naples, FL 34119 (Parcel No. 00194800006).
Subject to the provisions of Section 2 below ("Effective Date/Due 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
Compound Layout diagram attached hereto as Exhibit A and made a part hereof. Lessee shall have the right of
access over and across the Land and to the Premises and the right to install utility lines in such locations and at such
times as approved by Lessor.
2. Effective Date/Preconstruction Period. This Agreement shall be effective on the date of full execution
hereof("Effective Date"). Beginning on the Effective Date and continuing until the Term Commencement Date as
defined in Section 3 below(the"Preconstruction 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
necessary investigations and signal, topographical, geotechnical, structural, soil and environmental tests
(collectively,"Investigations and Tests")that Lessee may deem necessary as preconstruction activities. Lessor and
Lessee expressly acknowledge and agree that Lessee's access to the Land during this Preconstruction Period shall be
solely for the limited purpose of performing the Investigations and Tests. All Investigations and Tests conducted by
Lessee shall be conducted 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(20)years, commencing on
June 1, 2017 ("Term Commencement Date") and terminating on May 31, 2037 ("Term") unless otherwise
terminated as provided herein.
4. Rent/Lessor's Use of Radio System. Lessee shall not pay any rent to Lessor for its use of the Premises
throughout the Term of this Agreement. 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, radios that 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, and Lessee shall have the ongoing right to perform such Investigations and Tests as Lessee may deem
necessary provided that all such Investigations and Tests are conducted with the approval of the Lessor(or its staff).
Lessor authorizes Lessee, at its sole cost 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 construct, erect, install, maintain, test, replace, remove, operate and upgrade on the
Premises,communications facilities, including specifically an emergency radio communication tower or pole(not to
exceed 150 feet in height, as shown ir1 the Tower Elevation diagram attached hereto as Exhibit B and made a part
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Land Lease Agreement
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hereof) and foundation, utility lines, transmission lines, an equipment shelter(s), gates and fencing, electronic
equipment, transmitting and receiving antennas, microwave dishes, a power generator and generator pad, and
supporting equipment and structures ("Lessee 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 conducted at times 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.
Lessee 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 of this Agreement, Lessee shall remove all of Lessee Facilities or any portion
thereof from the Land as directed by Lessor(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 electricity use shall be separately metered and directly invoiced to the Lessee. Lessee
shall not utilize any of Lessor's equipment or improvements located on the Land to supply electricity to Lessee's
Facilities. In connection therewith, Lessor hereby agrees to grant to the local telephone, power and utility
companies (as appropriate)non-exclusive rights to locate, construct, install, operate,maintain,repair,replace, alter,
extend, and/or remove cables and lines on, over, under and across a portion of the Land as necessary to facilitate
Lessee's intended use of the 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 provide such utility service to the Premises. Any easements necessary for
such power or other utilities will be 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 the 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. Lessee shall be solely responsible for repairing any
damage caused to the existing driveways,parking lot, recreational facilities or any other existing improvement on the
Land that is caused by the installation of the Lessee Facilities or resulting from Lessee's use of the Premises.
7. Interference,Relocation of Lessor's Existing Equipment and Removal of Existing Tower.
(a) Lessee shall operate Lessee Facilities in compliance with all applicable laws, including all Federal
Communications Commission ("FCC") requirements including those prohibiting interference to communications
facilities of Lessor or other lessees or licensees of the Lessor. Lessee, at its sole cost and expense, shall be
responsible for relocating Lessor's existing communication equipment from its current location on an existing
concrete pole on the Land("Lessor's Communication Equipment")to the emergency radio communications tower
or pole installed as part of the Lessee Facilities in a location and manner that is approved by the Lessor(or its staff).
Subsequent to the installation by Lessee, Lessor shall have the right in its sole discretion (and at its sole cost and
expense) to maintain, upgrade, improve and repair Lessor's Communication Equipment and Lessor shall make
reasonable 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
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Land Lease Agreement
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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.
8. Termination. This Agreement may be terminated without further liability on thirty(30)days prior written
notice as follows: (i)either party upon a default of any covenant or term hereof by the other party,which default is
not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not be
terminated if the default cannot reasonably be cured within such sixty(60) day period and the defaulting party has
commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion; or
(ii) by Lessee if it does not obtain or maintain any 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
an action 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 Lessor if Lessee fails to allow Lessor the use of 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,
radios that are compatible with Lessee's emergency radio communication system. Upon any termination or
expiration of this Agreement, Lessee at its sole cost and expense shall remove any and all of the Lessee Facilities
and make reasonable restoration and repair to the Land or any other improvements that may be damaged by such
removal.
9. Destruction or Condemnation. If the Premises or Lessee Facilities are damaged, destroyed, condemned
or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the date of the damage,
destruction, condemnation or transfer in lieu of condemnation by giving notice to Lessor no more than forty-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 required under Florida law. The parties agree that either party may be self-insured
on the condition that all self-insurance(s)must comply with all Florida laws and regulations.
11. Liability and Indemnity. To the extent provided by law, Lessee agrees to hold harmless, indemnify and
defend Lessor including its Board,agents,officers,directors,and employees for any and all claims,losses,penalties,
demands,judgments,costs of suits, including attorney's fees, for any expense,damage or liability incurred,whether
for personal injury,property damage,direct or consequential damages,or economic loss arising directly or indirectly
from or in connection with Lessee's use of the Premises 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 anything to the contrary,the foregoing indemnification
shall not be deemed a waiver of any 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
Agreement or sublet all or any portion of the Premises without the prior written consent of Lessor. This Agreement
shall run with the Land and shall be 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 wear and tear and loss by casualty or other causes beyond Lessee's reasonable control
excepted.
Emergency Radio Communication Tower
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Land Lease Agreement
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14. Miscellaneous.
(a) This Agreement constitutes the entire agreement and understanding between the parties, and
supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any
amendments to this Agreement must be in writing and executed by both parties.
(b) Both parties represent and warrant that their use of the Land and their real and personal property
located thereon is in compliance with all applicable,valid and enforceable statutes, laws, ordinances and regulations
of any competent government authority.
(c) If any provision of this Agreement is invalid or unenforceable with respect to any party, the
remainder of this Agreement or the application of such provision to persons other than those as to whom it is held
invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law.
(d) This Agreement shall be binding on and inure to the benefit of the successors and permitted
assignees of the respective parties.
(e) Any notice or demand required to be given herein shall be made by certified or registered mail,
return receipt requested,or reliable overnight courier to the address of the respective parties set forth below:
Lessor: Lessee:
The School Board of Collier County Real Property Management
5775 Osceola Trail 3335 East Tamiami Trail, Suite 101
Naples,FL 34109 Naples,FL 34112
Attn: Superintendent Attn:Leasing Specialist
With a mandatory copy sent to: With a mandatory copy sent to:
The School Board of Collier County Office of the Collier County Attorney
5775 Osceola Trail 3299 East Tamiami Trail
Naples,FL 34109 Naples,FL 34112
Attn.:District General Counsel Attn.: County Attorney
Lessor or Lessee may from time to time designate any other address for this purpose by written notice to the other
party.All notices hereunder shall be deemed received upon actual receipt or refusal to accept delivery.
(f) This Agreement shall be governed by the laws of the State of Florida.
(g) In any case where the approval or consent of one party hereto is required, requested or otherwise
to be given under this Agreement,such party shall not unreasonably delay or withhold its approval or consent.
(h) Each of the parties hereto represent and warrant that they have the right,power, legal capacity and
authority to enter into and perform their respective obligations under this Agreement.
(i) Both parties took part in the negotiation of this Agreement and agree that legal concepts intended
to construe the Agreement against the drafter will not apply against either party.
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(j) In the event of any breach or default by either party, the other party shall be entitled to all rights
and remedies provided for in this Agreement and/or available at law, in equity,by statute or otherwise, all of which
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 of any provision of this Agreement.
(1) All Recitals set forth above,and all Riders and Exhibits annexed hereto,form material parts of this
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 PAGES]
Emergency Radio Communication Tower
Gulf Coast High School
Land Lease Agreement
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the date of the last signature below.
LESSOR: Witnesses:
THE DISTRICT SCHOOL BOARD
OF COLLIER COUNTY,FLORIDA
BY: A . By:
\j
lub A , :L...
Roy M. Te school Board (h.' Name: li1DM 6•E '7
BY: e"de Ls lot I
Name: .0 �7
A t: t tig_
Dr. amela 'atton, Superintendent
Approved as to Form&Legal Sufficiency
h 'l 5L,i,.1t.i�.
J� Fishbane,District General Counsel
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Land Lease Agreement was acknowledged before me on this t day of May, 2017,
personally appeared Roy M. Terry, as Chair of THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY,
FLORIDA, who is personally known to me (or proved to me on the basis of satisfactory evidence)to be the person
whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacity,and that by their signature on the instrument,the person, or the entity upon behalf of which the
person acted,executed the instrument.
WITNESS my hand and official seal.
• ,•tigfp.. MARTAMASSEY
(SEAL) +4' = EXeFER,MSN:1
SSION#FF 156685
NotaryPublic -+` — *` Oclober 13,2018
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':'},•�Rf��� Botary Public Underxnters
My commission expires: -
Emergency Radio Communication Tower
Gulf Coast High School
Land Lease Agreement
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AS TO LESSEE:
ATTEST: g. ! 7
DWIGHT E.BROCK,Clerl BOARD IF Ce 1 TY COMMISSIONERS,
COLLIE r 40.Y,FLORIDA /�
By:—l.7 tik �R( ..
Deputyle.Cr '* By: /� =
Attest a h�.'�� '�• PENNY TA 0• •, hairman
signature onl
Approve s f . egality:
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Item#
Agenda Lj��
Date —��
Date
Recd
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Emergency Radio Communication Tower
Gulf Coast High School
Land Lease Agreement
eputy 0
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EXHIBIT A
EXISTING
• BUILDING
PROPOSED TOWER TECHNICIAN PARKING
AREA WITH YELLOW STRIPES
PROPOSED 4' PERSONNEL GATE
EXISTING 6' CI-IAINLINK
FENCE
/ 2� EXISTING
ASPHALT
ti/o
- PROPOSED COWER
,,. COUNTY GENERATOR
PROPOSED COWER COUNTY 12'x16'
/� t- `1 EQUIPMENT SHELTER
`ir CHAIPRON®FENCE
PROPOSED 4` #57 / ,' EXISTING UNDERGROUND
STONE WITH GEOWEB < WATER RUNOFF PIPE TO
FABRIC THROUGHOUT BE RELOCATED AROUND
COMPOUND TOWER AND EQUIPMENT
EXISTING 150' -`� SHELTER
TOWER (TO BE
REPLACED)
O•,
\+ +
/
EXISTING �+
RETENTION EXISTING
AREA EXISTING BUILDING
GRASS
AREA
PROPOSED 150'
MONOPOLE
EXISTING DRAINAGE
GRATE WITH FENCE
1117
DRAWING 777LE.•
KCI GULF COAST COMPOUND LAYOUT
TECHNOLOGIES C HIGH SCHOOL
FLORIDA LICENSE NO.: EB0004898 COMMUNICATIONS REVISION NO. 2 DRAWN BY: LV
10401 KCI
0 011 HIGHLAND MANOR DRIVE INTERNATIONAL PROJECT JNFDRMA170N DATE ISSUED: 12-14-16 CHECKED BY: JF
SUITE 120 7878 SHARK WAY SCALE: NTS APPROVED BY: JF
TAMPA,FLORIDA 33610
(813)740-2300 NAPLES, FL 34119 SHEET NO. 2 OF 3
A/E PROJECT NO: 011603700A
16E4
EXHIBIT B
LA TOP OF LIGHTNING
gIU ROD = 155'
PROPOSED COLLIER COUNTY
jik PROPOSED TOP OF ANTENNAS RAD= 152.5'
IV TOWER = 150'
EXISTING ANTENNA
RAD= 140' `� i, ti PROPOSED COLLIER COUNTY
JIM EXISTING ANTENNA DISH ANTENNAS RAD= 140' S
Li RAD= 135'
LkEXISTING ANTENNA
RAD= 125'
EXISTING DISH ANTENNA iI
RAD= 115'
EXISTING ANTENNA /- °
RAD= 110'
jiki EXISTING ANTENNA
IV RAD= 105'
PROPOSED 150' REPLACEMENT
MONOPOLE TOWER
PROPOSED COLLIER COUNTY
12'x16' EQUIPMENT
SHELTER
0 11 Vii
DRA{f1NG TITLE." TOWER
m K C I GULF COAST ELEVATION
TECHNOLOGIESHIGH SCHOOL
FLORIDA LICENSE NO.: EB0004393 COMMUNICATIONS
REVISION NO. 2 DRAWN BY: LV
KCI TECHNOLOGIES,INC. PROJECT INFORMATION.• DATE ISSUED: 12-14-16 CHECKED BY: JF
10401 HIGHLAND MANOR DRIVE INTERNATIONAL
SUITE 120 7878 SHARK WAY SCALE: NTS APPROVED BY: JF
TAMPA,FLORIDA 33610
(813)740-2300 NAPLES, FL 34119 SHEET NO. 3 OF 3
A/E PROJECT NO: 011603700A