Resolution 2000-172
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RESOLUTION 2000-~
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA, APPROVING THE LEASE AGREEMENT BETWEEN COLLIER COUNTY
AND COLLIER MOSQUITO CONTROL DISTRICT FOR USE OF THE
COMMUNICATIONS TOWER AT THE NAPLES COUNTY BARN FACILITY.
WHEREAS, the Collier Mosquito Control District ("District") desires to lease a position on the
communications tower located at 2901 County Barn Road, Naples, Florida, owned by Collier County,
a political subdivision of the State of Florida ("Collier County") in addition to a space located within
the ground-level equipment shelter.
WHEREAS, the lease shall be for five (5) years with three (3) additional renewal terms of five (5)
years each; and
WHEREAS, the annual rent shall be One Thousand Two Hundred Dollars ($1,200.00) for the initial
Lease term and shall be increased by five (5) percent for each renewal term thereof; and
WHEREAS, the Board of County Commissioners is satisfied that this space on the tower is required
for the Collier Mosquito Control District's use and is not needed for County purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners does approve the attached Lease Agreement between Collier
County and Collier Mosquito Control District.
The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized
to execute the attached Lease Agreement.
This Resolution adopted this /3..
second and majority vote.
ATTEST:....
DWIGIlJ:. E.~RbcK~ Clerk
.. .~ '., .
:'~Y:~~J~" ~(J-
:, ..:. ';' , Depfi~Clerk
",AUnt as to Cha 1mn' s
S~~~1Irtonl1.' .
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day of
JuN.
.
, 2000, after motion,
BOARD OF C Y COMMISSIONERS
UNT)', FLORIDA
BY:
TIM
~eQe ~ 4
LEASE AGREEMENT
Tms LEASE AGREEMENT entered into this J.3..... day of :fA J f'I.L...., , 2000, between Collier
Mosquito Control District whose mailing address is 600 North Road, Naples, Florida 34104, hereinafter referred to as
"LESSEE", 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 "LESSOR".
WITNESSETH
THE PARTIES AGREE AS FOLLOWS:
ARTICLE I.
Demised Premises
LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR a position on the County-owned
communications tower located at 2901 County Barn Road at a height of Two Hundred Eighty (280) feet above-ground in
order to install a wind speed indicator, temperature monitoring meter and humidity monitoring meter. LESSEE is also
authorized to install a wall-mounted cabinet within the LESSOR'S ground-level equipment shelter. 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
three (3) separate options, provided it is not then in default of any of the provisions of this Lease, to renew same for three
(3) 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. E&nt
LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Thousand Two
Hundred Dollars ($1,200.00) 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 term and shall be due each year thereto in
advance upon the anniversary date hereof. LESSOR shall calculate the renewal term increases on the sixth (6th), eleventh
(11 th), and sixteenth (16th) years and provide LESSEE with written notice of same.
ARTICLE 4.
Other E'Ipenses and Charies
LESSOR agrees to install LESSEE'S equipment at the Demised Premises which shall include a wind speed
indicator, temperature monitor and humidity monitor and agrees to pay the quoted cost, not to exceed, One Thousand
Five Hundred Dollars ($1,500.00) for the installation of same. LESSOR shall then invoice LESSEE for the actual
installation amount and LESSEE shall forward payment to LESSOR within ten (10) days after receipt of same.
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.
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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 connections 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 default thereof, LESSOR may complete said removals and repairs at LESSEE'S expense.
ARTICLE 6.
Access to Demised Premises
LESSOR, its duly authorized agents, representatives and employees, shall have the right 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.
Assi~ment and Sublettini
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, 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
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. Insurance
LESSEE shall provide and maintain general liability 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 Dollars and No/I00 Cents ($100,000.00) 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, 330 I East Tamiami
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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 c/o
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 which to obtain such additional insurance.
ARTICLE 10. Maintenance
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 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 (J 0) 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.
LESSEE, at its sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws
and regulations, all solid, liquid, semisolid, and gaseous trash and waste and refuse of any nature whatsoever which
accumulates or arises from LESSEE'S use of the Demised Premises. Such trash, waste and refuse shall be stored in
closed containers approved by the LESSOR.
ARTICLE 11. Default by 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,
terminate 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 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 LESSEE fails to pay, when due, any rental payment, or any other sum payable to LESSOR under this Lease, and
ifsaid 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 Y2) 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 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. ~
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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 Property Management Department
3301 Tamiami Trail East
Administration Building
Naples, Florida 34112
LESSEE:
Collier Mosquito Control District
600 North Road
Naples, Florida 34104
Attention: Director
Copy to: Radio Communications Manager
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 tear and
damage by fire or the elements beyond LESSEE'S control excepted.
ARTICLE 15. General Provisions
LESSEE fully understands that the police and law enforcement security protection provided by law enforcement
agencies for 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
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 all 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.
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 al1 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
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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. Governinll 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,LF;SSO~:
DATED: . ~\'I3\~ '
.,. - ..
BY:
TIM
A TTES',f:.
DWIQHT~~ BROCK, Clerk ..'
P...[ ~." .... '.~.' .
~ .'r-... .
, . -. . . '; Deputy Clerk
., -< -,' ,
Attest a~"to"C1\af~'1
sfgnature on1,)'.
'. ,
AS TO LESSEE:
COLLIER MOSQUITO CONTROL DISTRICT
BY: ~7M~
FRANK VAN ESSEN, Executive Director
'\)jOOlD i-\ffinru
(print name)
J!1ss (~
In/,..-. 4.ol'?t::72. ?t+o
. I I
(print name)
Approved as to form and
lega~ciency: ~ I. ----'
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Thomas C. Palmer, Assistant County Attorney