Agenda 01/29/2008 Item #16E 5
Agenda Item No. 16E5
January 29, 2008
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with Collier Mosquito Control
District for antenna space upon a County-owned communications tower.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to execute
a Lease Agreement with Collier Mosquito Control District for antenna space on a County-owned
communications tower in Immokalee.
CONSIDERATIONS: The Collier Mosquito Control District CDistricn has requested space
located upon a County-owned communication tower and equipment shelter located at 312
Stockade Road in Immokalee C'Demised Premises"), for the installation and operation of
communications equipment. This location is essential to assist the District In its operation
related to mosquito control within Collier County.
The initial lease term shall be for five (5) years. The Lease contains a provision for the District
to extend the lease for three separate terms of three years each. provided it is not in default of
any of the terms of the Lease. The County or the District may terminate the Lease, at any time,
with or without cause, by providing the other party with a thirty day written notice
,-
The rent for the first five year term of the Lease shall be $1,200.00 annually, and shall be paid in
full upon the commencement of the Lease and upon the anniversary date of each year
thereafter. If the District elects to renew the Lease, the annual rent shall be increased by five
percent for each renewal term.
The County shall pay for the electrical service at the Demised Premises. The District shall be
responsible for all costs associated with the installation and monthly charges for its telephone
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 $1 ,200.00 shall be deposited into 188-140480-362110.
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 Collier Mosquito Control District.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Estate Services,
Facilities Management Department
~
Page ] of 1
Agenda Item No. 16E5
January 29, 2008
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E5
Item Summary:
Recommendation to approve <.I Lease Agreement with Coilier Mosquito Control Dishic\ for
antenna space upon a COl)nty~owned communications tewer
Meeting Date:
1/19/2008 9:00:00 J\M
Prepared By
Michael H. Dowling
F'roperty Management S.pecialist
Date
Adminisirative Serv!ces
F"lUlitie'S Management
~i,H5i20()fJ 5. 4:'16 PM
Approved By
Tan: A M.ott
;:';:8a\ Property Svpenri-:",")r
Date
/,drn:nist,atfv(' :~er\l!G~:'s
,::aciiiUes li,J\c)[',a::jfHncnj
" j'l5l2CiGH fj 'f -4 PM
Appn,ved By
SkfP :~:~:np.
M.
,",.. . :~j~-)s ;!-'iarf3Cif!iner" r::'i1 '_OCJDI
{"jilte
':;dministrative :3ervk:es
r3cilitjes Mana~-!,2rnElnl
1:16/2003 BAO AM
Approved By
John J. Daly
T eiecommullications Manager
Date
Administrative Services
Information Technology
1116/20088:45 AM
Approved By
Barry Axelrod
Information Technology Director
Date
Adminfstrative Services
Information Technology
1/16/20089:25 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
1/16/200810:20 AM
Approved By
OMS Coordinator
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
1/17/20089:46 AM
Approved By
Laura Davisson
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
1/17/20086:55 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
1/19/200810:45 AM
file://C :\AgendaT e5t\Export\99-January%2029, %202008\ 16. %20CON SENT%20AGENDA \... ] /23/2008
LEASE AGREEMENT
Leas.Ai:Jenda Item No. 16E5
JdllUdl y 29. 2008
Page 3 of 7
rHIS LEASE AGREEMENT entered into this _ day of _ ' 2008, between Collier
Mosquito Control District whose mailing address is 600 North Road, Naples, Florida 34104, hereinafter referred to as
"LESSEE", and COLLIER COUNTY, fl political subdivision of the State of Florida, whose mailing address is 3301 East
rarniami Tmil, Naples, Florida 34112, hereinafter referred to as "LESSOR",
WITNESSETH
THE PARTIES AGREE AS l'Ol.l.nws:
ARTICLE I.
12~1l1jsed _Prem isg;
Lf:SSUR hereby leases 10 LESSEE nnd LESSEE hereby leases from LESSOR for four (4) locations on the
Count:-o'vvncd communications lower located <it :; 12 Stockade Road, Immokalcc, Florida, at a maximum height of Two
I Jundred Ei~hty' (2RO) reel a!Jovt;.grullnd in order to insudl an Ultrasunic \vind speed and dirt:ctioJ1 sensor 1280'). a
kmperature and relative humidity pf'obr: (28()'), and two (2) temperature probes in sun shields (lSO' and 50'). LESSEE is
:dSl) :luthnriL'.ed tCl install a 10" \ 'T' \Vall-mounted cllTltrol box with Ii () VAC po\\/er and hone jack 'A'jthlll thr;
T~:SSOR"S grlluncl-kvi.:1 equipment ~helter -\1] il1lprOvCIllent5 shall ht' appwved by LESSOR applying tht' krms
c{\lllained in Artklt' 5 of this Lease.
.-\I-:TICI.E ::
Jil1I!__.clLL~il~_~
LEssr::l: ';11<111 have am! huid lht, Uemiscd Premises II_n;> tern) of ihe (~;) :,e:1r5 :,;ollllllcllcing un the dah: ill which
]-SSI:.L takes possession ufthe Demised Premises thereby !_FSSl-:',]~ installing equiplllent 011 sallie. I~ESSr:E is granted
\hrcc (I) ';cp:lralc <lpli,:ms. provi{kd I[ ':~ nUl then in default \)1' any of the prc1\'isiol1s of this Lease, Iu rellew same for three
L.~:I additional terms of rive (~) years each under the same terms and conditions. as pruvided herein. ex.ccpt <IS 10 the rental
all1ount. a~' provided herein. hy givin~ written notice of LFSSEE'S unconditional intention to do ~(' to the LESSOR not
I::~s lhan thirty {30) dilYS prior t{1lhc C\piralion of the leasehold estate herehy created or the rcnewallerm then 10 effect.
Said not leI.;' shall be eifeclive upon actual receipt ~lY LESSOR.
Both LESSEE and LESSOR \vil] be allo'wed to terminate this Lease by providing the other party with thirty (30)
day wriuen notice. Said nolice shall he 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 (0 use, occupy, surfer 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
rcgu lations of any public authority having jurisdiction over the Demised Prem iscs.
ART]CLE 3. Rent
LESSEE hereby covenants and agrees 10 pay as rent for the Demised Premises the sum of One Thous<lnd Two
Hundred Dollars ($],200.00) per annum to be paid in full within thirty (30) days from the execution of this Lease by the
LESSOR.
If LESSEE elects to renew the Lease as provided for in Article 2 of this Lease, the annual rent for the renewal term
shall be increased by five (5) percent from the annual rate of the previous tenn and shall be due each year thereto in
advance upon the anniversary date hereof. LESSOR shall calculate the renewal tenn increases on the sixth (6\"), eleventh
(1] I"), and sixteenth (16Ih) years and provide LESSEE with written notice of same.
ARTICLE 4.
Other Expenses and Charaes
LESSOR shall pay the electrical service charges at the Demised Premises. LESSEE shall be responsible for all
costs associated with the installation and monthly charges for telephone service at the Demised Premises.
ARTICLE 5.
Modifications to 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
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 10 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
110 response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a DENIAL to
sllch request to LESSEE.
LESSEE covenants and agrees in connections with any maintenance, repair work, ~recti~~lC~J!~9i\, No.1 E5
improvement, addition or alteration of any authorized modifications. additions or improvements to the Demised#BWfla'. 29, 2 08
to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of ~ege 4 f 7
United States of America, State ofFlol'ida, 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 hy LESSEE, and repair any damage occasioned to the Demised Premises by such removal;
and in default thcrcof~ [,ESSOR may complete said removals and repairs at LESSEE'S expense.
ARTICLE 6.
Access to Demised PrcLniscs
LESSOR, its duly authorized agents, representatives and employees, shall have the right 10 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 I "ease
Agreement. During times of emergency repair Of maintcnant.:e, LESSEE shall be granted immediatc access by requesting
I.ESSCW.:S agent of same.
ARTICLE !.
A~i2.nmeI11 and S!-lb\ett.lng
1.,ESSEE shall not assign this L.ease or al1cmpt to subletthe whole or any part of the Dl:mised Premises, or permit
any other persons to occupy same \vithout the express'ed prior written umsent of LESSOR. Any SllCh assignment Of
~uhletting, cvcn with the consent of LESSOR, shall not relieve f,ESSEE from liability for pllyment of rent or other sums
Ilcrein provided or from the nbligaiion to keep and be bound hy the terms, conditions and covenants oi'this Lease unless <l
nova1ion is expressly agreed to by LESSOR. Thc acceptance or rent from any other person ;;hall nDt be deemed to he a
waiver or any' of the provisions of this Lease ur to he a consent to the assi~l1ment of this Lease or subletting of the
Demised Premises. Any' sllch anempt sh,dl be null and void
ARTICLE X
I n~tqm n j.1y'
In consideration of Tcn Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, LESSEE
~;hall indemnify, defend and hold haml[ess L.ESSOR, its agents and employees from and against any and <III liability
(stahltory Of otherwise), damages, claims, suits, demands, judgments, cosls, interest and expenses (including, but no
limited to, attorneys' fees aJld 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)
I,ESSEE'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
anyone or more thereof, LESSEE shal[ 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
daims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the
I,ESSOR or its employees.
ARTICLE 9. Jnsuran~
LESSEE shall provide and maintain generalliabilily and property liability insurance policy(ies), approved by the
Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars and No/Cents
($500,000,00) combined single limits during the term of this Agreement. In addition, LESSEE shall provide and
maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the
applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred
Thousand Do]lars and No/] 00 Cents ($[00,000,00) each accident.
Such insurance policy(ies) shall list and continuously maintain Collier County as an additional insured thereon.
Evidence of such insurance shall be provided to the Collier County Risk Management Department, 3301 East Tamiami
Trail, W. Harmon Turner Building, Naples, Florida, 34112, for approval prior to the commencement of this Lease
Agreement; and shall include a provision requiring not less than ten (10) days prior written notice to Collier County cIa
County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves
the right to reasonably amend the insurance requirements by issuance of notice in writing to LESSEE, whereupon receipt
of such notice LESSEE shall have thirty (30) days in whieh to obtain such additional insurance.
ARTICLE 10. Maintenance
LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at al] 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 tell (10) days or the receipt of such notice, LESSOR may cause the same to be cleaned a~adtfmiuNo. 1
LESSEE shall assume and pay all such necessary cleaning costs and such costs shall constitute addjt-i~n~i-~~iJtf\!.}ffi~ 29,2
shall be paid by LESSEE within ten (10) days of receipt of written notice of costs incurred by LESSOR. age 5
E5
08
f7
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.
LESSEE, at its sole cost, shall remove from the Demised Premises in accor/Jance with all applicable rules, laws
and regulations, all solid, liquid, semisolid, and gaseous trash ilnd waste and refuse of any nature whatsoever which
accumulates or arises from LESSEE'S use of Ihe Dcmised Premises. Such trash. waste and refuse shall be stored in
closed containers approved by the LESSOR.
.\RTICLE II Default hJ'~~,cSSE:];
Failure of I ,ESSEE to commence remedy of default as soon as possible and to complele remedy of default in thirty
UO) days with any provision or covenant of this Lease shall constitute a default whereby LESSOR may. at its option.
terminate this Lease by giving LESSEE thirty (30) days written notice to vacate the Demised Premises unless the default
is fully cured \\'ithill Ihal thirty (30) day notice period (or such LESSOR Clpproved additional time as is reasonably
required to corn~ct such defaulO. Hllwever. the occurrence of any of the following events shall constilUte a default by
tYSSEE. and this Lease IllClY be immediatel:v terminated hy U:SSOR exceptlO the c::t\.'nt then prohibited hy law
(<II ,'\handonmenl of DemIsed PI'emises e'l discontinuation of LESSEE'S Dper;:ltion
Ih) Falsification of LESSE!.': or im :.Jgcnt or Lr-:SSF::E of any l"Cport required to be furnished to LESSOR pursuant
to the terms uf this r ,case.
i.C) l-ilil1g ni"insu!vencv. [(:{1rgnl1i/ation. plan m ,nr<mgcment ofhankruplc)-'.
dJ ,\djudic:II1(\l1:1\ han\;1ufl1
('.'1 hhkillg uj,ll-'emTill ilssip.nlTJcnt ot'lhe bCllcfillllcredil(ll"';
(0 !I i ,ESSEI',q;tTers [his L:.:ast. to be 13[..;(~n under any writ of cxt'l'u1ion
In lhe ('vent of the :lccurrence u('-lny ()fthe foregoing defaults inlhis Article II. LESSOR, in addItion to any other
rights and remedies it may have. shall have the immcdil:llc right to re-enter and remove all persons and property from the
Demised Premises. Sueh propeny may be removed and stored in a public warehouse or elsewhere at the cost of and for
the account of LESSEE. all without 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 terminate 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 IXSSEE 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 five (5) 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 y~) percent per lllonth or the highest interest rate then allowed by
I-"Iorida 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 performance of any of its obligations hereunder unless
Clnd 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 perfonnany su~h obligations.
ARTICLE 13. ~otices
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:
Board of County Commissioners
c/o Real Estate Services
330] Tamiami Trail East
^dministration Building
Naples, Florida 34]] 2
LESSEE:
Collier Mosquito Control District
600 North Road
Naples, Florida 34104
Attention: Director
Copy 10: Radio Communications Manager
ARTICLE 14. Surrender of Premises Agenda Item No.1 E5
January 29, 2 08
Unless LESSOR agrees otherwise in writing, LESSEE shall remove any improvements installed by LESSEEF6tage 6 f 7
authorized by LESSEE prior to the expiration of (his 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
damClge by fire or the elements beyond LESSEE'S contra] excepted,
ARTICLE 1 S. Ccneral ~rovisiQ.~
LESSEE fully understands that the police and law enforcement security protection provided by law enforcement
agencies Cor the above-referenced Demised Premises is limited to that provided to any other business or agency situated
in Collier County, 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 U::SSOR.
LESSEE expressly agrees for itself, its Sllccessor 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 comTTlOn facilities or othel\\'is(~.
(a) Rights not specifICally granted the LESSEr: by this Lease arc hereby reserved to the LESSOR.
(h) LESSEE agrees 10 pay "II lax imposed on the leasehold interest or otherwise related to the rental of the Demised
Premises to '.he extent appliCAble lindeI' law .
Ie) LESSEE agrees to pf1y <111 intangible personal property ~axes and other taxes. ifany, that may be imposed due (0
the creation. by this Lease. of a leasehold interest in the Demised Premises or LESSEE'S possession of said
icasehtllJ interest in the Demised Premises
/\R.rICLE 16. Envi~.QnrneJ:lJal ConccXWi
LESSEE represcnts. warr<lnts and agn:es to indemnify. reimburse, dcfend and hold harmless LESSOR, from and
against all costs (including <Jtlorneys fCes) Hssertl~d againsL imposed on or incurred by LESSOR directly or Indirectly
pursuant to or ill connection with the application of any federal, stale, local or common law relating to pollution or harm
III the ~nvirl)nll1ent.
ARTICLE 17. Interference
LESSEE covenants and agrees that LESSEE'S communication equipmcnt, its installations, operation and
maintenance ''iil!:
A. Not irreparably damage thc 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. ]n 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 lime, 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 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 19. 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 20. Effective Date
This Lease shall become effective upon execution by both LESSOR and LESSEE.
ARTICLE 21. Goveminl! La~
This Lease shall be governed by and construed in accordance with the laws or the State of Florida.
IN WITNESS WHEREOF. the parties hereto have hereunder set forth their hands and seals.
AS TO THE LESSOR:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY
O-eputy Clerk --
TOM HENNING, CHAIRMAN
AS TO LESSEE:
DATED [L~loL_..
d~~IJJJJUM?
Vv'lTNESS (signature)
I'
hit> (),(--n ~L { I { O-+i;;;'
(p' t name)
COl.fJER MOSQUITO ('ONTROL DISTRICT
H'l:
~ j",/ (~
cUd..~4rl0::: /101 ~':
Frank Van E~s.';en, Ph.D.. Executive Director
C"7TI'i-tJ-/ \W,~LL-~
(print name)'
Approved as to fann and legal sufficiency:
~(tR~~
JENNXf'E.A. 6fLt'i.DXo
t\S SIS -rA ru T Co J rv T'/ A \'rOe. r::o L 'I
Agenda Item No.1 E5
January 29, 2 08
Page 7 f7