Backup Documents 09/28/2010 Item #16E 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING 416 E 1
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after 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
exception of the Chairman's signature, draw a line throu h routing lines # I through #4, complete the checklist, and forward to Sue Filson (line #5).
Route to Addressee(s) Office Initials Date
(list in routing order)
2.
3.
4.
5. Ian Mitchell, BCC Office Board of County Commissioners eJ 1
Supervisor " 1O
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 information 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 be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff ( Phone Number
Contact 41 A L c 1—�J f,.) j 11,4 ;� °` % � 3
Agenda Date Item waFk J J Agenda Item Number `_
Approved by the BCC l0
Type of Document f Number of Original
Attached e .,4 3 e '2 � " Documents Attached �
INSTRUCTIONS & CHECKLIST
is Forms/ Counly Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9:18.09
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MEMORANDUM
Date: October 4, 2010
To: Michael Dowling, Property Management Specialist
Facilities Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: A Lease Agreement with M.T. Club, Inc. for installation and
operation of County -owned communication equipment
Attached is a copy of the lease referenced above, (Item #16E1) approved by the
Board of County Commissioners on September 28, 2010.
The original will be held on file in the Minutes and Records Department as part of the
Board's official record.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
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Lease # IT -
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this day of Q ► , 2010, between
M. T. CLUB, INC., a Florida nonprofit corporation, whose mailing address is 60 West Pelican St, Naples,
Florida 34113, 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 rooftop space at Marco Towers, 60 West
Pelican Street, Naples, Florida from LESSOR for installation of the following, which shall be hereinafter
referred to as the "Demised Premises ", situated in the County of Collier and the State of Florida:
1 - Rooftop mounting space for communications equipment including
1 - 25" x 25" x 30" exterior cabinet
1 - DB809 or equivalent antenna
1 - GPS receiver antenna
All equipment will be mounted on the east wall of the roof top penthouse area.
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 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 placement of the notice in an official depository of the United States Post Office, Registered
or Certified Mail, Postage Prepaid.
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.
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ARTICLE 3. Rent
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises, as compensation for the
provision of electrical service to be provided by LESSOR, the sum of One Hundred Dollars ($100) annually,
and said payment shall be due upon fifteen days following LESSEE'S execution of this Lease and then on each
subsequent anniversary date of the execution of this Lease, at the address for LESSOR set forth in Article 13 of
this Lease.
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
Lessee is responsible for all expenses associated with changes, alterations, additions and improvements to
the Demised Premises. Prior to making any changes, alterations, additions, or improvements, LESSEE must
provide to LESSOR all proposals and plans for alterations, improvements, changes, or additions to the Demised
Premises for LESSOR'S approval. 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 States of America, State of Florida, County of Collier, and any and all other
governmental 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 any 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 Demised Premises 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.
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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
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 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
Each party shall be liable for its own actions and negligence and, to the extent permitted by law,
LESSEE shall indemnify, defend and hold harmless LESSOR against any actions, claims or damages
arising out of LESSEE's negligence in connection with this Agreement, and shall indemnify, defend and
hold harmless LESSEE against any actions, claims, or damages arising out of LESSOR's negligence in
connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign
immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to
constitute agreement by either party to indemnify the other party for such other party's negligent, willful or
intentional acts or omissions."
ARTICLE 9. Insurance
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
(10) 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
employees, agents, independent contractors, guests, invitees, licensees, or patrons.
ARTICLE 11. Default by LESSEE
until
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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
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.
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
ply:
LESSEE:
Board of County Commissioners
c/o Real Property Management
Building `W'
3301 Tamiami Trail East
Naples, Florida 34112
Copy to: Telecommunications Manager
ARTICLE 14. Surrender of Premises
LESSOR:
M.T. Club, Inc.
60 West Pelican Street
Naples, Florida 34113
Attention: Building Manager
Unless LESSOR shall direct 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.
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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 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 or transmissions.
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 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.
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ARTICLE 20. Governing Law
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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: j
DATED: / ,�,P 10
ATTEST:
DWIIQHT� "w t,xlQrk
r t-
t 1�erk� 4_
AS TO LESSOR:
DATED: qlq/,)l U
(print name)
ITNESS (signature)
�-
(print name)
and legal sufficiency:
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: W.
FRED W. COYLE, Chairman IIJ
M.T. CLUB, INC.,
a nonprofit Florida Corporation
Y:
(print name & title)
Item # X4E I
Date `
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Date
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