Resolution 1993-114
RESOLOTIOB BO. 93 - -1.lL
MARCH 23, 1993
A RESOLOTIOH AUTHORIZING TRB COLLIER COUNTY
EllERGEBCY IIlIDICAL SERVICES TO CONTINllE TO OCCOPY
AXD OsB TRB PORMER MOTOR VESICLE INSPECTION sTATIOH
BOILDIBG LOCATED AT '1'BB IMMOItALEE AIRPORT.
WHEREAS, the current Memorandum of Terms and Conditions for
Utilization of the former Motor Vehicle Inspection Station by
Collier County Emergency Medical Services/Immokalee Airport shall
terminate on March 31, 1993: and
WHEREAS, Collier County Emergency Medical Services is
desirous of entering into a new "Memorandum of Terms and
Conditions" for said facility to continue to operate an
ambulance station for the Immokalee area; and
WHEREAS, the Immokalee Airport is operated on an enterprise
fund basis, charges for the use of this facility should be made
to the agency, person or other entity utilizing the service; and
WHEREAS, the Transportation Services Administrator and the
EIlergency Services Administrator have reviewed the terms and
conditions for the us~ of the facility as outlined on the
attached "Memorandum ot T~rms and Conditions".
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER ~0~RrY, FLORIDA that:
1. The Collier County Emergency Medical Services is hereby
authorized to use the former Motor Vehicle Inspection Building at
the Immokalee Airport for the purpose of operating an Emergency
Ambulance Service in accordance with the terms and conditions
stated in the "Memorandum of Terms and Conditions" attached
hereto.
This Resolution adopted after motion, second and majority
vote.
.....
Approved as to form .and
legal eufficiency:
~ d, ' 1. ;;4ytdl.-
He di F. shton
Assistant County Attorney
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IIlIKORAHDOK OP TERMS AND CONDITIONS MARCH 23, 1993
POR OTILIZATIOH OP PORMER MOTOR VESICLE INsPECTIOH
sTATION BY COLLIER COUNTY EMERGENCY MEDICAL
sERVICEs/IMMOItALEE AIRPORT
THIS MEMORANDUM will become effective upon the termination date of
March 31, 1993 as noted on that Memorandum of Terms and Conditions for
utilization of Former Motor Vehicle Inspection Station by Collier
County Emergency Medical services/Immokalee Airport which was adopted
by Resolution No. 92 - 171 dated March 17, 1992.
For the purposes of this Memorandum, the COUNTY is Collier County,
a political subdivision of the State of Florida and the DEPARTMENT is
Collier County Emergency Medical Services.
ARTICLE 1. premisea
In consideration of the payment of rents and the performance of
the covenant. hereinafter set forth, COUNTY hereby rents to DEPARTMENT
and DEPARTMENT hereby rents from COUNTY property located at the
Immokalee Airport, hereinafter called the "Airport", and which is more
particularly depicted on the attached Exhibit "A", hereinafter called
the -Premises", for the Bole purpose of operating an Emergency
Ambulance Service.
ARTICLB 2. Term of X.moran~um
To have and to hold on a month-to-month term to commence on March
31, 1993, at 12:01 a.m. and to terminate upon thirty days written
notice by registered or certified mail, return receipt requested. It is
expressly agreed that rent under this Memorandum shall commence March
31, 1993.
ARTICLE 3. Minimum Rant
Monthly rent of $294.26, is due and payable upon COUNTY'S adoption
of Resolution authorizing DEP~ to occupy and use the Premises.
ARTICLB 4. D.Da~m.Dt'. D.~~ iD PaYment
In the event DEPARTME1~t tails to pay the rentals, fees or charges
as required to be paid und~r the provisions of this Memorandum, failure
to pay shall constitute a default and COUNTY may, at its option,
terminate this Memorandum aft.er thirty (30) days written notice to
DEPARTMENT, unless the default ~8 cured within the notice period.
ARTICLE 5. Modifications to r.remis8s
Prior to making any changes, alterations, additions or
improvements to the Premises, DEPARTMENT shall provide to COUNTY all
proposals and plans for alterations, improvements, changes or additions
to the Demised Premises for COUNTY'S written approval, specifying in
writing the nature and extent ot the desired alter~tion, improvement,
change, or addition, along with the contemplated starting and
completion time for such project. CouNTY or its designee will then have
thirty (30) days within which to approve or deny in writing said
request for changes, improvements, alterations or additions. COUNTY
shall not unreasonably withhold its consent to required or appropriate
alterations, improvements, changes or additions proposed by DEPARTMENT.
If after thirty (30) days there has been no response from COUNTY
or its designee to said proposals or plans, then such silence shall be
deemed as a denial to such request of DEPARTMENT. If upon obtaining
written consent and commencing said changes, alterations, additions, or
improvements, DEPARTMENT fails to complete its work within the
completion time as approved by COUNTY, COUNTY, may at its election
complete said changes, improvements, alterations, or additions. If any
costs are incurred by COUNTY as a result of DEPARTMENT'S failure to
begin, start, or complete the proposed project and by COUNTY'S
completion of the proposed project, then upon demand and within thirty
(30) days of the demand, DEPARTMENT shall pay to COUNTY the amount of
cost incurred by COUNTY. No election to perform by COUNTY shall
constitute waiver of any covenant or obligation of DEPARTMENT or any
future default.
IDOK 000 PAGE 162
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MARCH 23, 1993
~
~ DEP~ covenants and agrees in connection with any
maintenance, repair work, erection, construction, improvement, addition
or alteration of any authorized modifications, additions or
Improvetlents to the Premises, to observe and comply with all present
and ~utur. laws, ordinances, rules, regulations, and requirements of
the United states of America, State of Florida, County of Collier, and
any and all governmental agencies.
All alterations, improvements, and additions to said Demised
Premises shall be made in accordance with all applicable laws and shall
at once, when made or installed, be deemed as attached to the freehold
and to have become property of COUNTY and shall remain for the benefit
of COUNTY at the end of the terms or other expiration or termination of
this Memorandum in as good order and condition as. they were when
installed, reasonable wear and tear excepted; provided, however, if
prior to the termination of this Memorandum, or within thirty (30) days
thereafter COUNTY so directs, DEPARTMENT shall promptly remove the
additions, improvements, alterations, fixtures and installations which
were placed in, on or upon the Premises by DEPARTMENT and which are
designated in said notice, and repair any damage occasioned to the
Premises by such removal and in default thereof, COUNTY may effect said
removals and repairs at DEPARTMENT'S expense.
Upon commencement of the term of this Memorandum, DEPARTMENT shall
operate an office as described above on the whole of the Premises in a
businesslike and reputable manner.
DEPARTMENT covenants and agrees not to use, occupy, suffer or
permit said Premises or any part thereof to be used or occupied tor any
purpose other than described above.
ARTICLB ,. Access to premi...
COUNTY, its duly authorized aqents, representatives and employees,
shall have the right after reasonable notice to DEPARTMENT, to enter
into and upon the Premises or any part thereof at all reasonable hours
for the purpose of making such repairs therein as may be necessary for
the safety and preservation thereof, and for the purposes of inspection
for compliance with the provisions of this Memorandum. COUNTY shall
have no maintenance responsibility for the Premises or facilities
thereon.
ARTICLB 7. Assianm.nt an4-'T~1.ttina
DEPARTMENT covenants and agrees not to assign this Memorandum or
to sublet the whole or any rart of the Premises, or to permit any other
persons to occupy same without. the written consent of COUNTY. Any such
assignment or subletting, even with the consent of COUNTY, shall not
relieve DEPARTMENT from liability for payment of rent or other sums
herein provided or from the "bligation to keep and be bound by the
terms, conditions and cQv~n~nts of this Memorandum. The acceptance of
rent from any other person shall not be deemed to be a waiver of any of
the provisions of this Memorandum or to be a consent to the assignment
of this Memorandum or subletting of the Premises.
ARTICLB 8. Xaintenance
DEPARTMENT shall, at its sole cost and expense, keep the Premises
clean at all times. If said Premises are not kept clean in the opinion
of COUNTY, DEPARTMENT'S manager will be so advised in writing. If
corrective action is not taken within five (5) days of the receipt of
such notice, COUNTY will cause the same to be cleaned and corrected and
DEPARTMENT shall assume and pay all necessary cleaning costs and such
coats shall constitute additional rent which shall be paid by
DEPARTMENT within ten (10) days of receipt of written notice of costs
incurred by COUNTY.
DEPARTMENT shall repair all damage to the premises caused by the
DEPARTMENT, it. employees, agents, independent contractors, guests,
invitees, licensees, or patrons.
DEPARTMENT shall at its cost remove from the Premises in
compliance with all applicable rules, laws and regulations, all solid,
liquid, semiSOlid, and gaseous trash and waste and refuse shall be
stored in closed containers approved by the COUNTY.
No excavation of any of the land of the Premises shall be made. No
sailor earth shall be removed from the Premises and no well of any
nature shall be dug, constructed or drilled on the Premises that would
deviate from the approved plans.
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MARCH 23, 1993
DEPARTMENT shall operate and maintain at its sole cost and expense
all the components of water, industrial and sanitary sewage including
sanit.ary and industrial sewage outfall lines and storm water drainage
facilitiee within the boundaries of the Premises.
ARTICLE 9. utilities
Restroom facilities shall be provided to DEPARTMENT by COUNTY.
DEPARTMENT shall be responsible for obtaining, and paying for,
electricity, air conditioning, heating, janitorial services, and all
other utilities supplied to the Premises.
ARTJ:CLE 10.
D.taul~ by DeDar~m.Dt
Failure of DEPARTMENT to comply with any provision or covenant of
this Memorandum ahall constitute a default, and except as provided for
in ARTICLE 4 above, COUNTY may, at its option, terminate this
Memorandum after thirty (30) days written notice to DEPARTMENT, unless
the default be cured within the notice period (or such additional time
aa is reasonably required to correct such default).
AR'lICLB 11. Detault bv County
COUNTY shall in no event be charged with default in the
performance of any of its obligations hereunder unless and until COUNTY
shall have failed to perform such obligations within thirty (30) days
(or such additional time as is reasonably required to correct such
default) after notice to COUNTY by DEPARTMENT properly specifying
Wherein COUNTY has failed to perform any such Obligations.
ARTICLE 12. Kotie..
Any notice which COUNTY or DEPARTMENT may be required to give to
the other party shall be in writing to the other party at the following
addresses:
COUIITY :
Board of County Commissioners
c/o Real Property Mgmt. Dept.
3301 Tamiami Trail East, Bldg. "P"
Naples, Florida 33962
DEPARTMENT:
Emergency Services Division
3065 Terrace Avenue
Naples, Florida 33962
ARTICLE 13.
Surrender o~ Pram!...
DEPARTMENT covenants an~ agrees to deliver up and surrender to
COUIITY possession of the Premi~es and any improvements to the Premises
upon expiration of this Memorandum, or its earlier termination as
herein provided, broom clean and in as good condition and repair as the
same shall be at the commence~ent of the term of this Memorandum or may
have been put by COUNTY or D~PARTMENT during the continuance thereof,
ordinary wear and tear and damage by fire or the elements beyond
DEPARTMENT'S control excepted.
ARTICLE 14.
Oeneral Provisions
DEPARTMENT fully understands that the police and law enforcement
security protection provided by law enforcement agen.:ies for the above,
referenced 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
Premises shall be the sole responsibility and cost of DEPARTMENT and
shall involve no cost or expense to COUNTY.
DEPARTMENT expressly agrees for itself, its successor and assigns,
to refrain from any use of the Premises which would interfere with or
adversely affect the operation or maintenance of COUNTY'S standard
operations where other operations share common facilities.
(a) Rights not specifically granted the DEPARTMENT by this Memorandum
are hereby reserved to the COUNTY.
(b) DEPARTMENT agrees to pay all sales tax imposed on the rental of
the Premises where applicable under law.
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(e)
DEPARTMENT agree. to pay all intangible personal property taxes
that may be imposed due to the creation, by this Memorandum, of a
leasehold interest in the Premises or DEPARTMENT'S possession of
said leasehold interest in the Premises.
COUNTY reserves unto itself, its successors and assigns, for the
us. and benefit of the public, a right of flight for the passage of
aircraft in the airspace above the surface of the real property herein
described as the Premises together with the right to cause in said
airspace such noise as may be inherent in the operation of aircraft,
now known or hereinafter used, for navigation of or flight in said
airspace, and tor use of said airspace for landing on, taking off from
or operating on the Airport.
DEPARTMENT expressly agrees far itself, its successor and assigns,
to restrict the height of structures, objects of natural growth and
otber obstructions on the Premises to such a height as to comply with
Federal Aviation Regulation, Part 77.
DEPARTMENT expressly agrees tor itself, its successor and assigns,
to prevent any use of the Premises which would interfere with or
adversely affect the operation or maintenance of the Airport, or
otherwise constitute an Airport hazard.
ARTICLE 15. M.moran~um Subieet to Riahts of U.s. Government
In the event the Government of the United States of America or of
the state of Florida (Government) shall take over the exclusive use of
the Premises of the Airport, and such use shall so restrict DEPARTMENT
and its operation as to make continued use of the Premises by
DEPARTMENT impractical or impossible, then:
(a) This Memorandum and rights and obligations hereunder shall
either: 1. automatically terminate, except as hereinafter
provided: or 2. if the DEPARTMENT so elects be suspended
during the period of such governmental use of the Premises of
Airport. In such case, the DEPARTMENT shall not be required to
pay any rental during the time of such suspension and the term
of this Memorandum shall automatically be extended for the
same period without any increase or decrease in the total
rent.
(b) Any moneys paid by the Government for the upkeep of, repairs
to and maintenanc~ and replacement of said Airport, shall be
paid to and used by the COUNTY for such purposes.
(e) The issuance by any court of competent juriSdiction of any
injunction in any way .'Jbstantially preventing or restraining
the use of the Airpo~t, and the remaining force of such
injunction for a p~~iod in excess of ninety (90) days.
ART7CLB 16. Ra~OD 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.
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