Agenda 04/08/2008 Item #16E 2
Agenda 11em No. 16E2
April 8, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with Sub-Carrier
Communications, Inc., for antenna space needed for the County's SafePoint
Location System, a component of the County's 800 MHz public safety radio
network, at a first year's rent cost of $3,600.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to execute
a Lease Agreement with Sub-Carrier Communications, Inc., for antenna space needed for the
County's Safe Point Location System related to the County's 800 MHz radio network.
CONSIDERATIONS: The County requires communications tower space and ground-ievel
equipment space iocated at 21999 Carter Road, Estero, Florida, for the installation and
operation of communications equipment in order to operate the SafePoint Location System that
was approved by the Board on June 26, 2007, Agenda Item 10 C. This site is located on the
Collier/Lee County line west of the Big Corkscrew Swamp Sanctuary.
The SafePoint locator system will provide the location of any mobile or portable radio which is
operating on the 800 MHz network lhrough a network of receivers. This capability is available
without any modifications to the mobile or portable radios.
The initial lease term shall be for five (5) years. The Lease conlains a provision for the County
to continue the lease for two (2) separate terms of five (5) years each, provided it is not in
default of any of the terms of the Lease. The parties may terminate the Lease, at any lime, with
or without cause, by providing lhe other party with thirty day written notice.
The annual rent shall be $3,600 for each year of the initial five (5) year lease term, and shall be
paid in equal monthly installments. The rent shall then increase on the sixth (61h) and eleventh
(11th) year by five (5) percent from the previous term's rent.
The Landlord shall pay for the electrical service at the Demised Premises. The County shall be
responsible for all other costs associated with its use at the Demised Premises.
The attached Lease Agreement has been reviewed by the Office of the County Attorney for
legal sufficiency.
FISCAL IMPACT: The annual rent of $3,600.00, which shall be paid in equal monthly
installments of $300.00 each, shall be withdrawn from account number 188-140480-644600.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves and authorizes its
Chairman to execute the attached Lease Agreement with Sub-Carrier Communications, Inc.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services,
Facilities Management Department
Item Number:
Item Summary:
Meeting Date:
Page 1 of 1
Agenda 11em No. 16E2
April 8, 2008
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E2
Recommendation to approve a Lease Agreement with Sub~Carrier Communications, Inc., for
antenna space needed for the Countys SafePoint Location System, a component of the
Countys 800 MHz public safety radio network, at a first years rent cost of $3,600.
4/8/2008 9:0000 AM
Prepared By
Michael H. Dowling
Administrative Services
Property Management Specialist
Date
Facilities Management
3/24/200810:13:35 AM
Approved By
Skip Camp, C.F .M.
Administrative Services
Facilities Management Director
Date
Facilities Management
3/24/200810:24 AM
Approved By
Toni A, Mott
Administrative Services
Real Property Supervisor
Date
Facilities Management
3/24/2008 10:53 AM
Approved By
John J. Daly
Administrative Services
Telecommunications Manager
Date
Information Technology
3/24/20081 :19 PM
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Date
Administrative Services Admin.
3/25/20085:01 PM
Approved By
Laura Davisson
County Manager's Office
Management & Budget Analyst
Date
Office of Management & Budget
3/26/200810:51 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
3/27/20081:48 PM
file://C:\AgendaTest\Exoort\ I 04-Aoril%208.%202008\ 16.%20CONSENT%20AGENDA \ 16... 4/2/2008
l\genda 11em No. 16E2
Lease# April 8. 2008
Page 3 of 7
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into this ~ day of ,2008. between Sub Carrier
Communication whose mailing address is 139 White Oak Lane, Old Bridge. NJ. 08857, 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 I.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR space on a communications tower
located at 21999 Carter Rd., Estero, Fl. and equipment space within the LESSOR'S ground-level equipment shelter.
LESSOR herby grants pennission to LESSEE to install and operate the following communication equipment at the
Demised Premises:
A. Installation of a DB589 or equivalent antenna with tower top amplifier at the three hundred (300) foot level with 2
7/8" antenna lines
B. Interior space for a standard equipment cabinet not to exceed nine (9) square feet which will house radio
transmitting and receiving equipment necessal): for the LESSEE's public safety radio system.
All improvements shall be approved by LESSOR applying the terms contained in Article 5 of this Lease,
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
LESSEE takes possession of the Demised Premises thereby LESSEE installing equipment on same. 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 tenns 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 sixty (60)
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 sixty (60) 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. RC!lJ
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of Three Thousand Six
Hundred Dollars ($3,600.00) per annum to be paid in equal monthly installments of Three Hundred Dollars ($300.00)
beginning witbin thirty (30) days from the execution of this Lease by the LESSOR and LESSE.
If LESSEE elects to renew the Lease as provided for in Article 2 of this Lease, the annual rent for the renewallcrm
shall be increased by five (5) percent from the annual rate of the previous term and shall be due each year thereto in
advance upon the anniversary date hereof. LESSOR shall calculate the renev.'a! tenn increases on the sixth (6th) and
eleventh (II \11) years and provide LESSEE with written notice of same.
ARTICLE 4.
Other Exnenses <!t1d Chan!es
LESSOR shall pay the electrical sen'ice charges at the Demised Premises, LESSEE shall be responsible for any
other costs required for LESSEE'S operation at tbe Demised Premises.
ARTICLE 5.
Modification_!Lto Demised Premises
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
. Agenda 11em NO.1 E2
for LESSOR'S written approval, specifying in writing, and in meaningful detail, the nature and extent of the desifelaril 8, 2 08
alteration, improvement, change, or addition, along with the contemplated starting and completion time for such projeJ'?age 4 f 7
LESSOR Of 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, 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, 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 tennination of this Lease or any renewal tenn 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 agrees that during the tenn of this Lease or its extensions as hereinafter provided LESSEE shall have
reasonable ingress and egress on a twenty~four (24) basis to the Demised Premises for the purpose of maintenance, repair,
removal or inspection of said Communications Equipment. This access is granted to the LESSEE, its duly authorized
agents, representatives and employees.
ARTICLE 7.
Assil!l1ment and Sub1ettine.
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 tenns, 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, 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, (e) 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
anyone 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, 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.lnsurance
LESSEE shall provide and maintain, at its expense, during the tenn of this Lease, a combined single limit policy of
bodily injury and property damage insurance, with a limit not less than $1,000.000.00 insuring LESOR and LESSEE
against all liability arising out of use, occupancy, or maintenance of DEMISE PREMISES and appurtenant areas.
Agenda 118m No. )E2
April 8. 2 08
Page 5 , f 7
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 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 which
shall be paid by LESSEE within ten (10) days of receipt of written Ilotice of costs incurred by LESSOR.
ARTICLE 10. Maintenance
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 bv 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,
tenninate 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.
(b) 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.
(e) Making of a general assignment of the benefit of creditors.
(f) 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 ,"vithout 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 thereby.
The LESSOR may at its option tenninate 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 Lien Law or otherwise.
If LESSEE fails to pay, when due, any rental payment, or any other sum payable to LESSOR under this Lease, and
if said sum remains unpaid for more than thirty (30) 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 (1 ~~) percent per month or the highest interest rate then
allowed by Florida law, whichever is higher, which interest shall be paid by LESSEE to LESSOR.
ARTICLE 12. Default by LESSOR
LESSOR shall in no event be charged with default in the perfonnance 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 perfonn any such obligations.
AR TlCLE 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:
LESSOR,
Sub Carrier Communications
139 White Oak Lane
LESSEE:
Board of County Commissioners
clo Real Estate Services
JJOJ Tamiami Trail East
Administration Building
Naples, Fl. 34112
Copy to: Telecommunication Manager
Old Bridge, NJ. 08857
,
Agenda Item NO.1 E2
April 8, 2 08
Page 6 f 7
ARTICLE 14. Surrender of Premises
Unless LESSOR 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 teaT and
damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE IS. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by Jaw enforcement
agencies for the above~referenced Demised Premises is limited to that provided to any other business or agency, and
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 where
other operations share common facilities or otherwise.
(a) Rights not specifically granted the LESSEE by this Lease are 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.
(c) LESSEE agrees to pay aU intangible personal property taxes and other taxes, if any, that may be 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.
LESSOR agrees to maintain the tower and equipment shelter that include the Demised Premises in good working
order so as not to disrupt the operation of the LESSEE'S Demised Premises.
ARTICLE 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.
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.
B. 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 Agreement 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 nat~ral1y 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
guid~lines have been found in buildings in Florida. Additional information regarding radon and radon testing may be
obtamed from your county public health unit.
ARTICLE 19. Extent of Liens
Agenda 11em NO.1' E2
April 8, 2 08
Page 7 ' f 7
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 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Governin12 Law
This Lease shall be governed by and construed in accordance with the laws of the State of Florida.
[N WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED:
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
BY:.
, Deputy Clerk
Tom Henning - Chairman
AS TO LESSEE'
I hO/ -,
DATED: \,' d 0 f
Sub Carrier Communications
BY:
/'/~~P-/pU~
I Cj ^1i\n,le,Cl{
ViC{ fkeslJEATt
/1-?c-07
5-~liIVMl
(print name)
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.~ .A ../y!~, '>- ..e," ;' (,":,;::"-/1.-__
WITNESS (signature)
1)14n~
(print name)
, ,
~\./ i P ,I t:.,f'f'-'
Approved as to fonn and
legal sufficiency:
-"- ~0.2--()f<~
..) !Be' p..ect lo i\"slstant County Attorney