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Backup Documents 06/22/2010 Item #16E 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TOl THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN tTT Print on pink paper. Attach to original document Original documents should be hand delivered to the Board Office. Ifie completed routing slip and original documents are to be forwarded to the Board Office only alter the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the —__.. a........ 1-. '1--h ....a...., Im., x 1 11 ......u1, N1 rmmnlerc thr. rheeklist and forward to Sue Filson (line W5). cncc rwn o.. n1 .,no......... I... I .................. .. ...._......_ .. Route to Addressee(s) (List in routing order) ... _.... ....__... _.. __�.. Office Initials - Date l . "� O Agenda Item Number Applicable) 2. i i 3. �F 61v� E=- r� -� rt't'" d Number of Original Documents Attached 4. i by the Office of the County Attorney. 'Phis includes signature pages from ordinances, 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary , Primary contact informal ion is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to bu delivered to the BCC office only after the BCC has acted to approve the 4.—) Name of Primary Staff Contact �� c i > i/ Phone Number 3 Z Agenda Date Item was "� O Agenda Item Number Applicable) Approved b the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be Type of Document Attached �F 61v� E=- r� -� rt't'" d Number of Original Documents Attached INS'T'RUCTIONS & CHECKLIST L l: I grim/ Counly Forms/ BCC I win,, Original Docwnen¢ Routing Slip W WS Original 9 .01 0 4, Revised 1.2605, Revised 2 24 95, Revised 9 -18.09 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) _ I. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 'Phis includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) _ - 2. All handwritten strike - through and revisions have been initialed by the County Attorney's Office and all other parties except the _BC_C_Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whiche _e_ is applicable. _ �,� 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. _ _ _ V 5. In most cases (some contracts are an exception), the or document and this routing slip - should be provided to Ian Mithchell in the BCC office within 24 hours of13CC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified Be r ware of your deadlines! 6. ocument was approved by the BC( on lrZ27 /u (enter date) and all change' ) Ende during the meeting have been incorporated tnn tht attached document. The ��- , l.i• y Attorney's Office has reviewed the chat>��licable. L l: I grim/ Counly Forms/ BCC I win,, Original Docwnen¢ Routing Slip W WS Original 9 .01 0 4, Revised 1.2605, Revised 2 24 95, Revised 9 -18.09 16E6 MEMORANDUM Date: June 24, 2010 To: Michael Dowling, Property Management Specialist Facilities Management Department From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Lease Agreement with Aversana at Hammock Bay for the installation and operation of County -owned communication equipment Attached for your records is a copy of the document referenced above, (Item #16E6), approved by the Board of County Commissioners on June 22, 2010. If you have any questions, please contact me at 252 -8406. Thank you. Attachment (1) Lease # :J T/ 2 (' LEASE AGREEMENT 16 E 6 THIS LEASE AGREEMENT entered into this day of _,2010, between Aversana at Hammock Bay, a Florida corporation, whose mailing address is 1060 Borghese Lane., Naples, Florida 34114, hereinafter referred to as LESSOR," and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE." WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR rooftop space located at Aversana at Hammock Bay, 1060 Borghese Lane, Naples, Florida, along with additional equipment space further described below, hereinafter referred to as the following" Demised Premises," situated in the County of Collier and the State of Florida: A. Rooftop mounting space for communication system antennas. B. Ten square feet of interior space for an equipment cabinet, further described in as the "electrical closet" penthouse level service hallway, hereinafter called 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 in which the LESSEE executes this Lease. LESSEE is granted two (2) separate options, provided it is not then in default of any of the provisions of this Lease, to renew same for two (2) additional terms of five (5) years each under the same terms and conditions, as provided herein, except as to the rental amount, as provided herein, by giving written notice of LESSEE'S unconditional intention to do so to the LESSOR not less than thirty (30) days prior to the expiration of the leasehold estate hereby created or the renewal term then in effect. Said notice shall be effective upon actual receipt by LESSOR. Both LESSEE and LESSOR will 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 be 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, suffer or permit said Demised Premises or any part thereof to be used or occupied for any 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, as compensation for the provision of electrical service, the sum of Six Hundred Dollars ($600) annually due on the first of each month following LESSOR'S execution of this Lease, at the address for LESSOR set forth in Article 13 of this Lease. LESSEE agrees to increase the annual payment to equal actual usage of electricity upon documentation from LESSOR that electricity usage during prior twelve month period exceeded $600. ARTICLE 4. Other Expenses and Charges LESSEE shall pay any utility charges applicable to the Demised Premises, with the exception of electricity, which shall be provided by LESSOR, in exchange for payments established in Article 3 of this Lease. ARTICLE 5. Modifications to Demised Premises 1 6 E 6 Prior to making any changes, 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 detail, 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 sixty (60) days, there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL, to such request to 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, ordinance, rules, regulations, and requirements of the United Sates of America, State of Florida, County of Collier, and any and all other go, ernmental agencies having subject 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 Lessee, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSOR, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of examining the same and making repairs or providing janitorial service therein, and for the purposes of inspection for compliance with the provisions of this Lease Agreement. During times of emergency repair or maintenance, LESSEE shall be granted 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 permit any 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 payro,ent of rent or other sums herein provided or from the obligation to keep and be bound by the terms, cor.;itions and covenants of this Lease unless a novation is expressly agreed to by LESSOR. 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. Any such attempt shall be null and void. ARTICLE 8. Indemnity In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, 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 whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any 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 any 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 sucl: action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to L� -`SSOR. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR ha —aless from any claims for damages, except where such damage or injury is the result of the gross negligence or A illful misconduct of the LESSOR or its employees. ARTICLE 9. Insurance 16 E 6 Subject to limitations of Section 768.28, Florida Statutes, LESSEE shall, at it's expense maintain in force during the term of this lease, a combined single limit policy of bodily injury and property damage insurance, with a limit of not less than $1,000,000.00 insuring LESSOR and LESSEE against all liability arising of use, occupancy, or maintenance of the Demised Premises and appurtenant areas, which policy shall be endorsed as an additional insured as to LESSOR. ARTICLE 10. Maintenance LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all times, including the removal of all solid, liquid, semisolid and gaseous trash and waste. 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 ten (I O� days of the receipt of such notice, LESSOR may cause the same to be cleaned and corrected and LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute additional rent which shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. ,. LESSEE, at its sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its emcloyees, agents, independent contractors, guests, invitees, licensees, or patrons. ARTICLE 11. Default by LESSEE until Not withstanding anything in the Lease to the Contrary, LESSEE shall not be in default under this Lease A. Failure to pay rent or other sums due under this Lease, fifteen (15) days after notice of default. B. In the case of any other default, thirty (30) days after receipt of written notice thereof of from LESSOR; provided, however, where any such default cannot reasonably be cured within thirty (30) days, LESSEE shall not be deemed to be in default under the lease if LESSEE commences to cure such default within said thirty (30) day period and thereafter diligently pursues such cure to completion, but in no event more then sixty (60) days after receipt of such notice. ARTICLE 12. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its obligations hereunder un!•.,ss 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. ARTICLE 13. Notices Any notice which LESSOR or LESSEE may be required to give 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 part%: LESSEE: Board of County Commissioners c/o Real Estate Services Department 3301 Tamiami Trail East Administration Building Naples, Florida 34112 Copy to: Telecommunications Manager ARTICLE 14. Surrender of Premises LESSOR: Aversana at Hammock Bay 1060 Borghese Lane Naples, Florida 34114 Attention: Building Manager Unless LESSEOR agrees otherwise in writing, LESSEE shall remove any improvements installed by LESSEE or authorized 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. e • ARTICLE 15. 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. ARTICLE 16. Interference LESSEE covenants and agrees that LESSEE'S communication equipment, its installations, operation and maintenance will: A. Not irreparably damage the LESSOR'S structure and accessories thereto. B. Not interfere with the operation and maintenance of any of the LESSOR's systems or create a nuisance for LESSOR or residents. C. Comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of the City and /or State concerned. D. Subsequent to the effective date of this Lease, LESSOR will not grant a similar rental agreement for any radio communication facility if such grant would in any way interfere with LESSEE's communication equipment. ARTICLE 17. 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 18. Extent of Liens All persons to whom 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 are 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 19. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 20. Governing Law This Lease shall be governed by 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: CP a d ATTEST: DWIGHT E. BLOCK, Clerk De `n'.Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 'IL4 W • (. ` X FRED W. COYLE, Chairman _. Item # Le`r Agenda Date Date Recd AS TO LESSOR: DA'�'ED, / (signature) Aporoved as to form and legal sufficiency: Jennifer B"White, Assistant County Attorney 16E6 Aversa at H, oc Bay BY: 1 //, /C (print name & title) (pr':; it nape) WETNESS (signature) (�{FimC-4J (prim name) Aporoved as to form and legal sufficiency: Jennifer B"White, Assistant County Attorney 16E6 Aversa at H, oc Bay BY: 1 //, /C (print name & title)