Agenda 09/10/2013 Item #16E 9 9/10/2013 16.E.9.
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with East Naples Fire Control and
Rescue District for use of a portion of property as a parking area for the Cindy Mysel
Park located on Warren Street.
OBJECTIVE: To secure much-needed parking for attendees of the Cindy Mysel Park
located on Warren Street.
CONSIDERATIONS: The County has negotiated a Lease with East Naples Fire Control and
Rescue District (District) to allow the County to develop a portion of the District's
Maintenance Facility on Warren Street for use as a parking area.
The Cindy Mysel Park (Park) has very limited parking and the proposed leased area will
provide approximately 25 additional parking spaces and access to them.
The Lease will run for thirty years with an automatic renewal of an additional thirty years.
Either party may terminate the lease by providing the other party with sixty-day prior written
notice. The District has been gracious to provide this space to the County at no cost.
The County will be solely responsible for all costs, if applicable, associated with the design,
permitting, development, and maintenance of the parking area. However, the design has
been provided in-house and there are no permit or development costs at this time.
The attached Lease Agreement has been reviewed by the Parks and Recreation Department
and by the Office of the County Attorney for legality.
FISCAL IMPACT: There is no fiscal impact associated with this Lease Agreement.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires
a majority vote for Board action. — JAB
RECOMMENDATION: That the Board approves the attached Lease Agreement with East
Naples Fire Control and Rescue District and authorizes its Chairwoman to execute same.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property
Management, Facilities Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.9.
Item Summary: Recommendation to approve a Lease Agreement with East Naples Fire
Control and Rescue District for use of a portion of property to be used as a parking area for the
Cindy Mysel Park located on Warren.Street.
Meeting Date: 9/10/2013
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
8/8/2013 4:06:28 PM
Approved By
Name:pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 8/8/2013 4:38:57 PM
Name: CampSkip
Title: Director-Facilities Management,Facilities Manage
Date: 8/9/2013 8:22:04 AM
Name: MottToni
Title: Manager-Property Acquisition&Const M,Facilitie
Date: 8/13/2013 10:03:47 AM
Name: Washburnllonka
Title: Manager-Park Operations,Parks&Recreation
Date: 8/14/2013 12:20:46 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 8/20/2013 4:15:45 PM
Name: PriceLen
Title: Administrator, Administrative Services
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Date: 8/21/2013 2:43:50 PM
Name:PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Manag
Date: 8/22/2013 9:39:54 AM
Name:KlatzkowJeff
Title: County Attorney
Date: 8/23/2013 3:25:01 PM
Name: OchsLeo
Title: County Manager
Date: 8/25/2013 10:18:02 AM
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Lease#PS
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of , 2013,
between EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, an Independent Special
District of the County of Collier, State of Florida, created under Chapter 65-1413 and 79-444,
Laws of Florida, and its successors, whose mailing address is 4798 Davis Boulevard, Naples,
Florida 34112, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail, Suite 101,
Naples, Florida 34112, hereinafter referred as "LESSEE."
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 described in Exhibit "A," which is attached and made a part of this Lease, hereinafter
referred to as the "Parking Area," for the sole purpose of a vehicular parking for the LESSEE'S
adjacent park, and for access to the Parking Area by utilizing LESSOR'S unpaved driveway as
shown on Exhibit "B," which is attached and made a part of this Lease, hereinafter referred to as
"Shared Access," in which no above-ground structures, other than possibly pavement, if required,
shall be constructed, and which the Parking Area and Shared Access shall hereinafter collectively
be referred to as the "Demised Premises."
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 2. Term of Lease
LESSEE shall have and hold the Demised Premises for a term of thirty (30) years,
commencing on the date whereby LESSOR executes this Lease. LESSEE is granted the option,
provided it is not then in default of any of the terms of this Lease, to automatically renew same
for one additional term of thirty(30)years, under the terms and conditions as provided herein.
LESSOR and LESSEE shall reserve the right to terminate this Lease, with or without
cause, upon sixty days prior written notice of such termination to the other party at the address
set forth in ARTICLE 13 of this Lease. Said notice shall be effective upon the date of the notice.
ARTICLE 3. Rent
In order to assist the community.the LESSOR will not require rent to be paid by LESSEE
for use of the Demised Premises.
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ARTICLE 4. Renewal Term Rent row
Rent will not be charged by LESSOR for any renewal term of this Lease.
ARTICLE 5. Other Expenses and Charges
LESSEE shall pay for all charges pertaining to the LESSEE'S development, use and
maintenance of the Demised Premises throughout the life of this Lease and any renewals thereto.
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 additions to the Demised Premises for LESSOR'S prior 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 forty-five (45) 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 forty-five (45) days there has been no written
rejection delivered by LESSOR to LESSEE regarding said proposals or plans, then such silence
shall be deemed as an APPROVAL to such request of 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, ordinances, rules, regulations, and requirements of the United States of
America, State of Florida, County of Collier, and any and all governmental agencies having
jurisdiction over the Demised Premises.
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. 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 all such additions,
improvements, alterations, fixtures and installations which were placed in, on or upon the
Demised Premises by or on behalf of 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.
ARTICLE 7. Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right
at any time, to enter onto and upon the Demised Premises or any part thereof for the purpose of
examining same for the purposes of inspection for compliance with the provisions of this Lease.
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ARTICLE 8. 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, other than another County agency, to
occupy same without the prior expressed 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 be bound by
the terms, conditions and covenants of this Lease. The acceptance of rent from any other person
shall not be deemed to he 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 9. Indemnity and Insurance
Subject to the limitations set forth in Section 768.28, Florida Statutes, LESSOR and
LESSEE agree to indemnity one another from any and all third-party claims caused by the other
party's actions or inactions. This indemnification provision contains an affirmative duty to
defend. To the extent legally possible. the parties will continue the insurance arrangements in
effect at the time of the commencement of this Lease. adjusted only so far as necessary to
account for their change in legal position vis-a-vis.
ARTICLE 10. 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 writing. If corrective action is not taken within thirty (30) 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 thirty (30) days of receipt of written notice of costs incurred by LESSOR.
ARTICLE 11. Default by LESSEE
Failure of LESSEE to comply with any provision or covenant of this Lease shall
constitute a default and LESSOR may, at LESSOR'S option,terminate this Lease after thirty(30)
days written notice to LESSEE. unless the default he cured within that notice period (or such
additional time as is reasonably required to correct such default).
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 ninety (90) days (or such additional time as is reasonably required to correct such default)
after written notice from LESSEE to LESSOR properly specifying wherein LESSOR has failed
to perform any such obligations.
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ARTICLE 1.3. Notices Aomk-
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:
LESSEE: LESSOR:
Board of County Commissioners East Naples Fire Control and Rescue District
c/o Real Property Management 4798 Davis Boulevard
3335 Tamiami Trail East, Suite 101 Naples, Florida 34112
Naples,Florida 34112
cc: Parks and Recreation Director
ARTICLE 14. Surrender of Premises
LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised
Premises upon expiration of this Lease, or its earlier termination, 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 to the Demised Premises is limited to that provided to any other business or
agency situated in Collier County, and LESSEE acknowledges that any special security measures
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.
ARTICLE 16. 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
Department.
ARTICLE 17. Effective Date
This Lease Agreement shall become effective upon execution by both LESSOR and LESSEE.
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ARTICLE 18. Governing Law
This Lease Agreement shall be governed and construed in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSEE:
DATED: BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
BY: BY:
Deputy Clerk GEORGIA A. HILLER, ESQ., Chairman
AS TO THE LESSOR:
DATED: /1.,I I to IA) EAST NAPLES FIRE AND RESCUE
DISTRICT, an Independent Special District of
the County of Collier, State of Florida
L.)
BY (Si'
WrINESS (Signat •e) r")
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TA_ t....asvic)i,D (Print Name and Title)
(Print Name)
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WITNESS (Signature)
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‘Itti;61111 i' La
(Print Name)
Approved as to form and legal sufficiency:
Jennifer-A. Belpedio, AsSistant County Attorney
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