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Agenda 02/10/2015 Item #16E3 2/10/2015 16.E.3. EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with Interfaith Action of Southwest Florida, Inc. to utilize a location on a county-owned communications tower in lmmokalee. OBJECTIVE: To lease space on a county-owned communication tower to Interfaith Action of Southwest Florida, Inc. for operation of a low-power FM radio station in Immokalee. CONSIDERATIONS: Interfaith Action of Southwest Florida, Inc. (Interfaith) is an Immokalee-based community outreach organization working in partnership with the Coalition of Immokalee Workers to improve conditions for agriculture workers. This outreach includes a low power FM radio station. This Lease Agreement (Agreement) will provide antenna space on a County-owned communications tower and space for associated communications equipment at 312 Stockade Road in Immokalee (Property). Interfaith has requested this Agreement to improve the technical capabilities for transmittal of its radio programming. The initial term of the Agreement is five (5) years with two separate renewal terms of five years each. Either party will be allowed to terminate at any time by providing 30 days written notice. The annual rent for the initial five year term of occupancy will be $1,000, and shall be increased by three percent at the commencement of each subsequent five year term. The County shall provide electrical service to the Lessee. The Lessee shall provide the County with all required insurances as outlined in the Agreement. The attached Agreement has been reviewed by the Information Technology Department, and the Office of the County Attorney, and the Risk Management Department concerning insurance coverage at the subject property. FISCAL IMPACT: The annual rent of $1,000 shall be paid in full within thirty days of execution of this Agreement and on the anniversary date for subsequent years thereafter. The annual rent shall be deposited into the 800 MHz IRCP Fund, 188-140480-362110. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. - JAB RECOMMENDATION: That the Board of County Commissioners approves and authorizes its Chairman to execute the attached Lease Agreement with Interfaith Action of Southwest Florida, Inc. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department Packet Page-524- 2/10/2015 16.E.3. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.3. Item Summary: Recommendation to approve a Lease Agreement with Interfaith Action of Southwest Florida, Inc. to utilize a location on a county-owned communications tower in Immokalee. Meeting Date: 2/10/2015 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities Management 1/20/2015 12:27:57 PM Submitted by Title: Property Management Specialist, Senior,Facilities Management Name: DowlingMichael 1/20/2015 12:27:59 PM Approved By Name: pochopinpat Title: Administrative Assistant, Administrative Services Division Date: 1/20/2015 2:29:49 PM Name: Mott Toni Title: Manager-Property Acquisition &Const M,Facilities Management Date: 1/20/2015 2:33:18 PM Name: LinguidiDennis Title: Manager-Facilities,Facilities Management Date: 1/20/2015 2:35:52 PM Name: DalyJohn Title: Manager-Telecommunications, Information Technology Date: 1/20/2015 2:36:01 PM Packet Page -525- 2/10/2015 16.E.3. Name: PriceLen Title: Administrator-Administrative Services,Administrative Services Division Date: 1/29/2015 1:01:22 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 1/29/2015 3:14:01 PM Name: KlatzkowJeff Title: County Attorney, Date: 1/30/2015 9:54:30 AM Name: KimbleSherry Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 2/2/2015 11:41:45 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 2/2/2015 3:21:57 PM Packet Page -526- 2/10/2015 16.E.3. Lease: alT-130 LEASE AGREEMENT THIS LEASE AGREEMENT ('Lease') entered into this day of . 2015. between INTERFAITH ACTION OF SOUTHWEST FLORIDA, INC.. a not for profit Florida corporation. whose mailing address is 110 South 2"4 Street, Immokalee, Florida 34142. 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 Manaaement, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LESSOR". WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE I. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR one (I) location on the County-owned communications tower located at 312 Stockade Road. Immokalee, Florida, at a maximum height of One Hundred Twenty-five (125) feet above-around, in order to install two (2) bay FM antenna with EDF 4- 1/2" coax and a parabolic dish not to exceed three feet in diameter along with Ethernet cable, and supporting equipment to be installed within the LESSOR'S ground-level equipment shelter. All improvements shall be approved by LESSOR applying the terms contained in Article 5 of this Lease, hereinafter referred to as -Demised Premises.- LESSEE shall be required to access the equipment shelter accompanied by LESSOR'S agent. LESSEE shall he permitted access. throughout the life of this Lease, along the"Access Road,"as shown on the attached Exhibit 'A' in order to access the Demised Premises. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premises for a term of five (5)years commencing on the date this Lease is executed by LESSOR, and shall automatically renew for two (2) separate terms of five (5) years each, provided LESSEE is not then in default of any of the provisions of this Lease, under the same terms and conditions, as provided herein, except as to the rental amount, as provided in Article 3 below. Both LESSEE and LESSOR w ill be allowed to terminate this Lease by providing the other party with thirty (30) day written notice. Said notice shall be effective upon actual receipt by LESSEE or LESSOR. LESSEE shall he granted an additional sixty(60) days from the aforementioned thirty (30) day notice period, if required, in order to secure and relocate to an alternate site for operations conducted at the Demised Premises, In addition, LESSEE covenants and agrees not to use, occupy, stiffer or permit said Demised Premises or an part thereof to be used or occupied for an purpose that is not authorized by this Lease or is contrary to law or rules or regulations of any public authority having jurisdiction over the Demised Premises. ARTICLE 3. Rent LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Thousand Dollars (S1,000.00) per annum to he paid in full within thirty (30) days from the execution of this Lease by the LESSOR. The rental amount includes the charge for LESSEE'S electrical use. in which LESSOR shall pay. Hie rental amount for the renewal terms shall be $1,030 for years 6 through 10. and $1.061 for years 11 through 15. CD Packet Page -527- 2Y10/2015 16.E.3. ARTICLE 1. This section left blank intentionally. ARTICLE 5. Modifications to Demised Premises Prior to making any chances, alterations, additions or improvements to the Demised Premises, LESSEE must 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. and in meaningful dcooU, 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 sixn (60) days, there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall he deemed as a DENIAL to such request to LESSEE. LESSEE covenants and agrees in connections with any maintenance, repair work.erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Prrmiscs, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United States of /\mrricu. State of Florida, County of Collier, and any and all other governmental agencies hurinsub\ut matter jurisdiction. All alterations, improvements and additions made to the Demised Premises shall be deemed the property of LESSEE. Prior to the termination of this Lease or any renewal term thereof, or within thirty (30) days thereafter, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense. ARTICLE 6. Access to Demised Premises LESSOR. its duly authorized ogcnn, representatives and emp|oyrru, shall have the right to enter into and upon the Demised Premises or any part thereof at any time for the purpose of examining the Demised Premises for the purposes of inspection for compliance with the provisions of this Lease. During times of emergency repair or maintenance. LESSEE shall be gonted immediate access by requesting LESSOR'S agent of same. ARTICLE 7. Assignment and Subletting LESSEE shall not assign this Lease or attempt to sublet the whole or any part of the Demised Premises, or |.c,mi, an other persons to occupy same without the expressed prior written consent of LESSOR. Any such assignment or subletting. even with the consent of LESSOR, shall not relieve LESSEE from liability for payment of rent or other sums herein provided or from the obligation to keep and he hound by the tcrnu, conditions and covenants of this Lease unless a novation is expressly uttrecd to by LESSOR. The acceptance of rent from any other person shall riot he deemed to he a waiver of any of the provisions ol'this I'ease or to he a consent to the assignment of this Lease or subletting of the Demised Premises. Any such attempt shall be null and void. ARTICLE X. Indemnity LESSEE shall indemnify, deKnd and hold harmless LESSURL its ugenm and employees from and ogxinu any and all liability (statutory or n«hon'sc), damages, claims, suits, demands,judgments, coms, interest and expenses (including, but no 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 Packet Page -528- `~~ 2/10/2015 16.E.3. whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) bv or on behalf of LESSEE in or about the Demised Premises, (C) an ' 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 otherwise. or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. In case an 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 damages to or loss of, including loss due to petty theft of 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 the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars and No/Cents (S500,000.00) 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/I00 Cents (5100,000.00) each accident. Such insurance policy(ies) shall list and continuously maintain Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3311 East Tamiami Trail, Naples, Florida, 34 112, for approval prior to the commencement of this Lease; and shall include a provision requiring not less than ten (10) days prior written notice to Collier County clo 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 to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30)days in which to obtain such additional insurance. ARTICLE i O. Maintenance 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 will be so advised in ■Yriting. If corrective action is not taken within ten (10) days of the receipt of such notice. LESSOR may cause the same to he cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent whieh shall he paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. LESSEE, at its sole cosi. shall repair all damage to the Demised Premises caused by LESSEE, its emploYees, agents, independent contractors, .tuests, invitees. licensees,or patrons. 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 accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in closed containers approved by the LESSOR. 3 Packet Page -529- 2/10/2015 16.E.3. ARTICLE, II. Default by LESSEE Failure of LESSEE to commence remedy of default as soon as possible and to complete remedy of default in thirty (30) days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may. at its option, terminate this Lease by giving LESSEE thirty(30) days written notice to vacate the Demised Premises unless the default is fully cured within that thirty (30) day notice period (or such LESSOR approved 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 except to the extent then prohibited by law: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (h) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency. reorganization, plan or arrangement of bankruptcy. (d) Adjudication as bankrupt. (c) Making of a general assignment of the benefit of creditors. (0 If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this Article 11, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass. or being liable for any loss or damage which may be occasioned therek. 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 is not removed within thirty (30) days, pursuant to the Florida Mechanics I.ien Law or otherwise. If LESSEE fails to pay, when due. an rental payment, or any other sum payable to LESSOR under this Lease, and if said sum remains unpaid for more than five (5) days past the due date, the LESSEE shall pay LESSOR a late payment charge equal to five (5) 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(11/0 percent per month or the hiehest interest rate then allowed by Florida law, whichever is higher, which interest shall he paid by LESSEE to LESSOR. ARTICLE 12. Default by LESSOR LESSOR shall in no event be eitareed 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 written notice to LESSOR by LESSEE properly and in meaningful detail specifying wherein LESSOR has failed to perform any such obligations. 4 ...... Packet Page -530- 2/10/2015 16.E.3. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to tzive to the other party shall be in writing delivered to the other party at the following addresses, or changes thereto which have been notified to the other party: LESSOR: LESSEE: Board of County Commissioners Interfaith Action of Southwest Florida, Inc. clo Real Property Management 110 South 2"d Street 3335 Tamiami Trail East, Suite 101 lmmokalee, Florida 34142 Administration Building Naples, Florida 34112 Attention: Director Copy to: Radio Communications Manager ARTICLE 14. Surrender of Premises Unless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed by LESSEE or authori7.ed by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed 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 damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 15.General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall he 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 or otherwise. (a) Rights not specifically granted the LESSEE by this Lease arc hereby reserved to the LESSOR. (b) LESSEE agrees to pay all tax imposed on the leasehold interest or otherwise related to the rental of the Demised Premises to the extent applicable under law. tie) LESSEE agrees to pay all intangible personal property taxes and other taxes, if any, that may he 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. AlmcLE 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 harm to the environment. 5 Packet Page -531- 2/10/2015 16.E.3. ARTICLE 17. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LESSOR'S radio transmission tower structure and accessories thereto. 13. Not interfere with the operation of LESSOR or LESSOR'S tenants' or future tenants' radio equipment on this tower and/or surrounding towers. In the event there is interference by LESSEE, LESSEE will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If LESSEE is unable to eliminate such interference caused by it within a reasonable period of time, LESSEE agrees to remove all items causing the interference from LESSOR'S property and this Lease shall terminate as to all removed items. • C. Not interfere with the maintenance of LESSOR'S tower and tower lighting system. D. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and/or State concerned. ARTICLE 18. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities. may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ;ARTICLE 19. Extent of liens All persons to ‘N horn these presents may come are put upon notice that no interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by or through the LESSEE, also for improvements made by the LESSEE arc specifically prohibited from attaching to or becoming a lien on the interest of the LESSOR in the Demised Premises or any part of either. This notice is given pursuant to the provisions of and in compliance with Section 713.10. Florida Statutes. ARTICLE 20. Effec tive Date This I.ease shall become effective upon execution by both LESSOR and LESSEE. :ARTICLE 21. Clover-16'w Law This I.ease shall he governed by and construed in accordance with the laws of the State of Florida. 6 Packet Page -532- 2/10/2015 16.E.3. IN WITNESS WI ILREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: INTERFAITH ACTION OF SOUTHWEST FLORIDA, INC., DATED: a not for profit Florida corporation BY: WITNESS (signature) ELENA R. STEIN,Co-Director (print name) WITNESS (signature) (print name) AS TO TI IF LESSOR: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY. FLORIDA 13 Y: Deputy Clerk TIM NANCE, Chairman Approved as to Conn and leplity: Jennifer A. Relpedio, Assistant Count). Attorney Packet Page -533- 15 16.E.3. 2/10/20 Exhibit `A' Stockade Road loida Immo 'gym �� `� xut � �A kalee, F , �s 1„•°t� Y.T $kw y a ''r a n X...., ,,.. ,...... .,...,, ,:-0,,,, 7�+ � I y'1# ` fi .•v p ha�s }?gy w. ..„ ," CJ,bg` f t - .ri 4 Y `�.� w ., f sri v - ` R g ffi ".,01 ma 5 ,,,,F;:-..„..„4., .,, , . ‘ ,,Packet Page -534-