Backup Documents 10/12/2021 Item #16C 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 6 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
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
exception 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
1. County Attorney Office County Attorney (� ‘0'I S la 1
2. BCC Office Board of County .Q 1 tr.
Commissioners I t> ..d(
3. Minutes and Records Clerk of Court's Office 1 OlZ�r
PRIMARY CONTACT INFORMATION I I (}� `_ 1�
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one e a re ees
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 October 12,2021 Agenda Item Number 16 C 3
Approved by the BCC
Type of Document Assignment and Assumption of Lease Number of Original 2
Attached greement L3 Harris Technologies,Inc. Documents Attached
PO number or account
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? N/A
2. 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 MD
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's N/A
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the N/A
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 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 10-12-2021,and all changes made MD
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes,if applicable.
9. Initials of attorney verifying that the attached document is the version approved by the MD
BCC,all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
I: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
16C3
MEMORANDUM
Date: October 18, 2021
To: Michael Dowling, Sr. Property Management Specialist
Real Property Management
From: Aim Jennejohn, Deputy Clerk
Minutes and Records Department
Re: Assignment & Assumption of Lease Agreement -
L3 Harris Technologies
Attached for further processing, please find two (2) original copies of the document
referenced above (Item #16C3) approved by the Board of County Commissioners on
Tuesday, October 12, 2021.
After obtaining the necessary signatures, please return a fully executed original
to the Board's Minutes & Records Department for the Official Record.
If you have any questions, please feel free to contact me at 252-8406.
Thank you.
Attachment (2)
16C3
ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
THIS ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT (this "Assignment")
is made as of July 1, 2021, by and between L3HARRIS TECHNOLOGIES, INC., a Delaware
corporation, formerly known as Harris Corporation, on behalf of itself, its affiliates, and
subsidiaries ("Assignor"), and the STATE OF FLORIDA, DEPARTMENT OF
MANAGEMENT SERVICES, an agency of the State of Florida, ("Assignee"), and this
Assignment is acknowledged and agreed to by COLLIER COUNTY, a political subdivision of
the State of Florida("County").
WITNESSETH :
WHEREAS, Assignor, as "tenant," and the County, as "landlord," or their respective
predecessors-in-interest, previously entered into a Lease Agreement dated March 26, 2002, as
amended, pursuant to which Assignor leased from the County the use of space on four (4)
communication towers and associated ground space identified in Schedule 1 attached hereto and
incorporated by reference herein (collectively, the "Lease") to allow Assignor to operate and
maintain telecommunications equipment for the State of Florida Statewide Law Enforcement
Radio System ("SLERS") pursuant to the terms of that certain Service and Access Agreement by
and between Assignor and Assignee dated September 28, 2000, as amended to date (the "SLERS
Agreement"); and
WHEREAS, on June 30, 2021,the SLERS Agreement expired and, in accordance with Line Item
2860 of the 2021-2022 General Appropriations Act(Chapter 2021-036,Laws of Florida),Assignor
and Assignee entered into a new contract starting on July 1, 2021 pursuant to which Assignor will
remain responsible for the management and operations of the SLERS network; and
WHEREAS, in accordance with Chapters 2021-036 and 2021-037, Laws of Florida, Assignor
desires to assign the Lease to Assignee, and Assignee desires to assume the Lease from Assignor
on July 1, 2021 (the "Effective Date" of the Assignment).
NOW THEREFORE, in consideration of the mutual covenants contained herein and other good
and valuable consideration, the receipt and sufficiency of which hereby are acknowledged,
Assignor, Assignee and the County hereby agree as follows:
1. Assignment and Assumption of the Lease. Assignor hereby assigns,transfers, sets over,
and conveys to Assignee, as of the Effective Date, all of Assignor's right, title, and interest in, to,
and under the Lease. Assignee hereby accepts the foregoing assignment of the Lease and assumes
and agrees to perform and observe all of the obligations, covenants, terms, and conditions to be
performed or observed by Assignor under the Lease, as modified herein, arising on and after the
Effective Date.Assignor shall remain fully responsible to perform all of the obligations,covenants,
terms, and conditions required to be performed by Assignor under the Lease before the Effective
Date.
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2. Further Acts. Assignor,Assignee and the County shall,at any time and from time to time,
upon the reasonable request of the other, take all such further actions as shall be reasonably
necessary to give effect to the transaction contemplated herein.
3. No Third Party Benefitted. This Assignment is made for the purpose of defining and
setting forth certain obligations, rights, and duties of Assignor, Assignee and the County in
connection with the Lease. It is made for the sole protection of and benefit to Assignor,Assignee,
and the County. No other person or party shall have any rights of any nature hereunder or by
reason hereof.
4. Counterparts. This Assignment may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument, with
the same effect as if all parties had signed the same signature page.
5. Lease Amendment. Schedule 2, Additional State of Florida Terms and Conditions,
attached hereto shall be appended to and amend the Lease. In the event of conflict between
Schedule 2 and the Lease, Schedule 2 shall take precedence. Limited changes to the Lease terms
are included in Schedule 2. The Assignee and the County shall review the Lease after execution
of this Assignment to determine if other modifications to the Lease are warranted, as mutually
agreed upon.
6. Specific Appropriation. The specific appropriation from which the Assignee will make
payments for the first year of the Lease is Line Item 2860A of the 2021-2022 General
Appropriations Act (Chapter 2021-036, Laws of Florida).
7. Miscellaneous. This Assignment shall be binding upon and inure to the benefit of
Assignor,Assignee,and the County,and their respective successors and assigns; shall be governed
by and construed in accordance with the laws of the State of Florida; and shall not be modified or
amended in any manner other than by a written agreement signed by the Assignor, Assignee, and
the County.
[SIGNATURES FOLLOW ON NEXT PAGE]
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IN WITNESS WHEREOF, Assignor, Assignee, and the County have duly executed this
Assignment and Assumption of Lease Agreement as an instrument under seal as of the day and
year first above written.
ASSIGNOR:
L3HARRIS TECHNOLOGIES, INC., a
Delaware corporation
By:
Name:
Title:
Date:
ASSIGNEE:
STATE OF FLORIDA,
DEPARTMENT OF MANAGEMENT SERVICES,
an agency of the State of Florida
By:
Name:
Title:
Date:
LESSOR/COUNTY:
AS TO THE LESSEE:
DATED: Ai - /2 . Z 1 BOARD OF COUNTY COMMISSIONERS,
COLLIE COUNTY, FLORIDA
ATTEST: "°•` ..• .... •
Crystal K. Kinel, Clerk. ;
BY: ,Try_ L L . BY:
Deputy Clerk, Penny Taylor, air
Attest as to,C agma
signature:a11iy''
Approved as to form and legality
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Asses ant County A ey .\ CQ'
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SCHEDULE 1
SCHEDULE OF COLLIER COUNTY LEASED SITES
Column 1 Column 2
L3Harris Site Name L3Harris
Site ID No.
CARNESTOWN X601b
IMMOKALEE X603
1-75 EAST X609b
MARCO ISLAND X666
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SCHEDULE 2 I C 3
ADDITIONAL STATE OF FLORIDA TERMS AND CONDITIONS
1. Interpretation and Transfer. As used in this Schedule 2, the term "Lessor" refers to
Collier County, Florida, the term "Lessee" refers to the State of Florida, Department of
Management Services, and the term "Lease" refers to the Lease as defined in the Recitals.
In the event of conflict between the Lease and this Schedule 2, this Schedule 2 shall take
precedence. Nothing contained herein shall alter the relationship established between the
parties nor the character of the Lease, nor shall the use of the terms "Lease," "Lessor," and
"Lessee" alter the relationship, except to the extent required by the terms and conditions
below. In the event the Lease is assigned or transferred to an entity that is not an agency or
subdivision of the State of Florida, this Schedule 2 shall terminate.
2. Amendment to the Lease. The following provisions supplement and modify the terms of
each Lease:
a. Invoices to the Lessee shall be paid in advance and in accordance with section 215.422,
Florida Statutes (F.S.), and Lessor can contact the Vendor Ombudsman at (850) 413-
5516 if Lessor is having trouble obtaining timely payments. Lessor shall provide
Lessee with an invoice by email to divtel.invoices(a,dms.fl.gov prior to the time
payment is due. Invoices that are not submitted to this email address shall not be
deemed submitted to the Lessee.
b. Pursuant to section 255.2502, F.S.,the State of Florida's performance and obligation to
pay under the Lease is contingent upon an annual appropriation by the Legislature.
c. The Lease will be governed by and construed in accordance with the laws of the State
of Florida. Exclusive jurisdiction and venue for suit arising under the terms of the Lease
will be in the appropriate State court located in Leon County, Florida. Except as
otherwise provided by law, the parties agree to be responsible for their own attorney's
fees incurred in connection with disputes arising under the terms of the Lease.
d. For purposes of all required insurance, Lessee, as an agency of the State of Florida,
may satisfy such obligations by self-insuring, pursuant to sections 440.38 and 768.28,
F.S. Proof of self-insurance shall be available upon request.
e. The Lessor understands its, and its subcontractors (if any), duty, pursuant to section
20.055(5), F.S., to cooperate with the Inspector General in any investigation, audit,
inspection, review, or hearing.
f. The Lessee's Lease manager is:
Luis Lopez
Division of Telecommunications
Department of Management Services
4030 Esplanade Way, Suite 180
Tallahassee, Florida 32399-0950
Telephone: (850) 414-2606
Email: luis.lopezca),dms.fl.gov
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