Backup Documents 10/09/2018 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO (+ 1
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE ti i�
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
rcxcention of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
' Route to Addressee(s) (List in routing order) Office Initials Date
I1. County Attorney Office County Attorney
I �� � '10 l�
2. BCC Office Board of County LO 1- `
Commissioners \ / �`\\A\
3. Minutes and Records Clerk of Court's Office `fi18t`61 3-A
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 of Primary Staff Michael Dowling Phone Number 8743
Contact/ Department
Agenda Date Item was 10-9-2018 J� Agenda Item Number 16-C-1
Approved by the BCC
Type of Document First Amendment to Lease Agreement Number
of Original ments Attached 1
Attached
PO number or account
number if document is -'r (7:;_
to be recorded
INSTRUCTIONS & CHECKLIST N/A(Not
Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yesetial) Applicable)
appropriate. N/A
1. Does the document require the chairman's original signature? S 0
3 Does the document need to be sent to another agency for additional signatures? If yes, N/A
provide the Contact Information(Name; Agency;Address; Phone)on an attached sheet.
3. 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. N/A
4. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board N/A
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 MD
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip j N/A
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 10-9-2018,and all changes made MD - Ai
t,:riZor,
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
l'Viiii
,,mte
9. Initials of attorney verifying that the attached document is the version approved by the ;�� �'
changes directed by the BCC have been made, and the document is ready for 1e��'c t
94
BCC,all -
Chairman'snature.
1:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
16C1
• 0 ' Memorandum
rNN
To: Minutes and Records
Clerk to the Board
From: Michael Dowling
Senior Property Management Specialist
Real Property Management
Date: April 8, 2019
Subject: Subject: First Amendment to Lease Agreement
South Seas NW Condominium Apartments of Marco Island, Inc.
BCC Date: October 9, 2018
BCC Item: 16 C 1
Please retain the original for your records and kindly provide me with an
electronic copy.
Please contact me at extension 8743 with any questions.
Thank you and best regards,
Michael
16C1
Ann P. Jennejohn
From: Ann P.Jennejohn
Sent: Thursday, April 11, 2019 9:34 AM
To: dowling_m
Subject: Item#16C1 (10-9-2018 BCC Meeting)
Attachments: Backup Documents 10_09_2018 Item #16C 1.pdf
Good Morning Michael,
An executed copy of Item #16C1, from the Board Meeting
held on October q, 2018, is attacked for your records.
Thavtk you!
Ann Jennejohn
Senior Deputy Clerk
Office:239-252-8406
Fax:239-252-8408(if applicable)
Ann.Jennejohn@CollierClerk.com
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail,Suite#401
Naples, FL 34112-5324
www.CollierClerk.com
1
16C1
#[T-945
FIRST AMENDMENT TO LEASE AGREEMENT
THIS FIRST AMENDMENT TO LEASE AGREEMENT("Amendment"), entered into this l,,)day of
2018, by and between SOUTH SEAS NORTHWEST CONDOMINIUM
ENTS OF MARCO ISLAND, INC., a Florida corporation, formerly referred to as SOUTH SEAS
N 'Tl-[WEST CONDOMINIUMS, a Florida corporation, whose mailing address is 380 Seaview Court, Marco
Island, Florida 34145, hereinafter referred to as "LESSOR," and COLLIER COUNTY, a political subdivision of
the State of Florida,whose mailing address is c/o Real Property Management,3335 East Tamiami Trail,Suite 101,
Naples,Florida 34112,hereinafter referred to as"LESSEE."
WITNESSETH
WHEREAS,the LESSOR and LESSEE have previously entered into a Lease Agreement dated October 14,
2003, hereinafter referred to as the `Lease,' which is attached hereto as Exhibit "A" and made a part hereof this
Amendment;and
WHEREAS,the LESSEE and LESSOR are desirous of amending the Lease to extend the lease term;and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease, and
Ten Dollars($10.00)and other valuable consideration,the Lease is hereby further amended as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein;
2. Article 2, Term of Lease, is amended to extend the lease term to October 14, 2021, unless either party
exercises its option to terminate as provided in the Lease.
3. Except as expressly provided herein, the Lease remains in full force and effect according to the terms and
conditions contained therein, and said terms and conditions are applicable hereto except as expressly
provided otherwise herein.
IN WITNESS WI-IEREOF, the LESSEE and LESSOR have hereto executed this Amendment the day and
year first above written.
AS TO THE LESSOR: SOUTH SEAS NORTHWEST CONDOMINIUM APARTMENTS
OF MARCO ISLAND, INC., a Florida corporation, formerly
referred to as SOUTH SEAS NORTHWEST CONDOMINIUMS, a
/ 7 - / Florida corporation
DATED:,,
1-kr(e.;
_ '_ BY: /Ldp/ 4-/' '
tom-(• i . Charles Vigorita,President
11' .. [/llivec 2-
( in name) 411
Wi ss(signature)
(print name)
LESSEE'S signature appears on the following page.
16C1
AS TO THE LESSEE: BOARD OF COUNTY COMMISSIONERS,
COLLIER COU , FLORIDA
DATED: 'd 9
ATTEST: (.N' �_
40010
A
Crystal K4(inel;� lerof.e�urts BY: -�"' "�*
/'� � � � Wil,.m L. McDaniel,Jr.
BY:ISQC t t bf 0-C . Chairman
Attest as to Cha •• + leek
,V v
signature only. g°
Approved as to form and legality:
.C\JA-Jennifer A. Belpedio, Assi Cant County Attorney
4309)
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Item# l S.i-1
Date 'ti-1 D.-ici
Recd
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16E46 c
EXHIBIT
Page
of,,..(o 7"Lease# 9 3
LEASE AGREEMENT
• THIS LEASE AGREEMENT entered into this I day of 0162- , 2003, between
South Seas Northwest Condominiums, a Florida corporation, whose mailing address is 380 Seaview Ct, Marco
Island, Fl. 34145 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 the following" Demised
Premises", situated in the County of Collier and the State of Florida:
A. Rooftop mounting space, South Seas Northwest Tower 4, for 2 directional panel antennas
approximately 2 foot by 4 foot in size.
B. Interior wall space for 2 foot by 1-foot equipment cabinet, further described in Exhibit "A" and which
is attached hereto and made a part of this Lease, hereinafter called the. LESSOR applying the terms
• contained in Article 5 of the Agreement shall approve all improvements.
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 accepts 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.
•
6 E. ,4
ARTICLE 3. Rent 1 b C
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises 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.
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
Prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE
must provide t o LESSOR a 11 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. LESSOR's
designated roofing contractor shall perform improvements required by contact with the roofing system of the
demised premises. LESSOR will authorize only said improvements if the contractor stipulates in writing that the
warranty on the roofing system will not be affected by such improvements. LESSEE further recognizes that
.future maintenance or improvements to the demised premises by LESSOR may require expenses necessitated by
the presence of LESSEE's improvements. LESSEE agrees either to reimburse LESSOR for such expenses or in
the alternative at LESSEE'S decision to promptly cause such work to be accomplished by independent
contractor hired by 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, t o 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
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 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
Wotice to LESSOR, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for
he purpose of examining the same and making repairs or providing janitorial service therein, and for the
167 !
purposes of inspection for compliance with the provisions of this Lease Agreement. During times of a rrng 1
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
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
In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged,
and subject to limitations of Section 768.28, Florida Statutes, LESSEE shall indemnify, defend and hold
harmless LESSOR, its agents and employees from and against any and a 111 iability(statutory o r 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 such action or proceeding if LESSOR shall so request, at
LESSEE'S expense,by counsel reasonably satisfactory to LESSOR.
The LESSOR s hall n of b e liable for any d amages to or 1 oss o f, including 1 oss due t o p etty t heft, 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 s hall, a t i is expense maintain i n force d uring the t erm oft his I ease, a combined single limit
policy o f b odily injury and property damage insurance, w ith a 1 imit o f not I ess 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
Qemoval 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
16E61
(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
Not withstanding anything in the Lease to the Contrary, LESSEE shall not be in default under this Lease
until:
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
party:
LESSEE: LESSOR:
Board of County Commissioners South Seas Northwest Condominiums
do Real Estate Services Department 380 Seaview Ct.
3301 Tamiami Trail East Marco Island, Fl. 34145
Administration Building
Naples, Florida 34112 Attention: Building Manager
Copy to: Telecommunications Manager
ARTICLE 14. Surrender of Premises
•
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
etESSOR possession of the Demised Premises and any improvements not removed upon expiration of this
ease, or its earlier termination as herein provided,broom clean and in as good condition and repair as the same
•
1601
shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE dunng
the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control
• excepted.
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 o f t he LESSOR i n 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.
TICLE 19. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
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44-
y • l.�
ARTICLE 20. Governing Law 1 6 C 1
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: lo-I -63
ATTEST:,L00 ,r
BOARD OF COUNTY COMMISSIONERS
DWIC3HT�..BROOK Clerk COLLIER CO Y,FLO' IIA
• BY: t
Atti - ,qDeputy Clerk Tom Henning, Chairman '
to Oittrinan s to_I4-03
1"LS7
DATED: 'yf.?S`03 SOUTH SEAS NORTH WEST CONDIMINIMUM
O i>-J� BY: Thaw, (L.S.)
F ST WI SS (signature)
jp,
SMS; /y7pky f/NnJ Nc�pnJ Al'ri:il)EN
(Print name) (Print name&Title)
/r h
SECOND WITNE S (sign. e)
4. YotJ Ale
•
(Print name)
Approved as to form and al,sufficiency:
Thbmas C. Palmer
Assistant County Attorney
1