Loading...
Agenda 01/12/2016 Item #16E 2 1/12/2016 16.E.2. EXECUTIVE SUMMARY Recommendation to approve a Termination of Facility Lease Agreement with the District School Board of Collier County for leased property in Immokalee on behalf of Transportation/GMD. OBJECTIVE: A Termination of Facility Lease Agreement is required in order to terminate a Facility Lease Agreement for property which has been utilized by the District School Board of Collier County at the Immokalee Road and Bridge facility on Stockade Road,Immokalee. CONSIDERATION: Since 1989, the District School Board of Collier County (School Board) has leased 31,250 square feet of vacant land from Collier County for the purpose of operating a school bus parking and maintenance area facility. The subject property was within the Immokalee Road Maintenance facility on Stockade Road. The School Board's rent,which was $1,584 for the current year, has been paid in full. At this time,the School Board no longer requires use of the leased property and the property will be used by the Transportation Department. The termination shall be effective as of January 12,2016. FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary. GROWTH MANAGEMENT: There is no Growth Management Impact associated with this Executive Summary. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for approval. -JAB RECOMMENDATION: That the Board of County Commissioners approves the attached Termination of Facility Lease Agreement and authorizes its Chairman to execute same. PREPARED BY: Michael Dowling, Senior Property Management Specialist Division of Facilities Management Attachments: Lease Agreement Packet Page-1711- 1/12/2016 16.E.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.2. Item Summary: Recommendation to approve a Termination of Facility Lease Agreement with the District School Board of Collier County for leased property in Immokalee on behalf of Transportation/GMD. Meeting Date: 1/12/2016 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior, Facilities Management 12/7/2015 9:49:01 AM Submitted by Title:Property Management Specialist, Senior, Facilities Management Name: DowlingMichael 12/7/2015 9:49:02 AM Approved By Name: pochopinpat Title: Operations Coordinator,Administrative Services Department Date: 12/7/2015 10:01:18 AM Name: Mott Toni Title:Manager-Property Acquisition&Const M,Facilities Management Date: 12/8/2015 11:12:22 AM Name: LinguidiDennis Title:Division Director-Facilities Mgmt,Facilities Management Date: 12/9/2015 9:39:24 AM Name: GossardTravis Title: Division Director-Road Maintenance,Road Maintenance Date: 12/10/2015 11:20:16 AM Packet Page-1712- 1/12/2016 16.E.2. Name: BelpedioJennifer Title:Assistant County Attorney, CAO General Services Date: 12/15/2015 1:50:39 PM Name: PriceLen Title: Department Head-Administrative Svc, Administrative Services Department Date: 12/18/2015 4:55:39 PM Name: WellsLaura Title: Management/Budget Analyst, Senior, Office of Management&Budget Date: 12/21/2015 8:48:01 AM Name: KlatzkowJeff Title: County Attorney, Date: 12/21/2015 2:22:16 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 12/27/2015 11:44:44 AM Packet Page-1713- 1/12/2016 16.E.2. TERMINATION OF FACILITY LEASE AGREEMENT School Bus Maintenance Facility—Stockade Road in Immokalee,Florida This Termination of Facility Lease Agreement ("Termination-) dated this day of , 204/is by and between the District School Board of Collier County, Florida (the "District") and Collier County, a political subdivision of the State of Florida (the "County"). Recitals WHEREAS. the District and the County entered into that certain Facility Lease Agreement, dated February 2"d, 1989, and attached hereto as Exhibit "A" (the "Agreement-) for the purpose of allowing the District to construct and operate a public school bus parking and maintenance facility on County property; WHEREAS, in accordance with the terms and conditions of Article 5 of the Agreement, the District has constructed a school bus maintenance building (the `Building") and shall deliver up and surrender the Building to the County in accordance with Article 15 of the Agreement upon the expiration or termination of the Agreement; WHEREAS, the District has acquired and is operating another school bus maintenance facility in the Tradeport Technology Park, located in Immokalee, Florida and now desires to terminate the Agreement and deliver up, surrender and turnover the Building to the County; and WHEREAS, the County accepts the District's early termination of the Agreement and the surrender and turnover of the Building. NOW THEREFORE. in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,the parties herby terminate the Agreement as follows: 1. Termination of Agreement. The parties agree that the Agreement shall be terminated on January 12, 2016 (the "Termination Date") and that the Agreement shall be null and void and of no further effect as of that date. 2. Surrender of Building To County. On the Termination Date, the District shall deliver up, surrender and turnover to the County the Building, broom cleaned and in "as is" condition, and the County shall accept the Building from the District. The District shall also provide and deliver to the County all the keys to the Building on or before the Termination Date. Packet Page-1714- 1/12/2016 16.E.2. IN WITNESS WHEREOF, the parties hereto have caused this Termination to be executed by the appropriate officials, as of the date first written above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: Deputy Clerk By: TIM NANCE, Chair Approved as to form and legality: Jennifer A. Belpedio c>. Assistant County Attorney t� DISTRICT SCHOOL BOARD OF COLLIER COUNTY,FLORIDA By: KATHLEEN CURATOLO, Chair ATTEST: KAMELA PATTON, Superintendent District General Counsel Approval: By: Jon Fishbane 1 7 Packet Page-1715- 1/12/2016 16.E.2. .y,1 FACILITY LEASE THIS FACILITY LEASE AGREEMENT is entered into this 2nd day of EXHIBIT FEB. , 1989, between the SCHOOL BOARD OF COLLIER CX3[NTY, hereinafter ! 40110 referred to as "LESSEE'", and the BOARD OF CXXJNIY Ct**ISSICNERS OF COLLIER CCUNrY, FLORIDA hereinafter referred to as "LESSOR", and sets forth the li•�\ terms and conditions for utilization of property located at the County Learn Facility, Innokalee, Collier County, Florida. W I T N E S S E T H WHEREAS, The LESSEE needs to utilize a parcel of land located at the County Barn Facility, lemokalee, Florida for use as a site in which to locate a public school bus and maintenance area facility; and WHEREAS, The LESSOR has a parcel of land that may be leased by the IESSE3r for a public school bus and maintenance area facility; NOW T1iFREFORE, the LESSOR and the IFSSEE agree as follows: ARTICLE 1. 12cel____Ennieees. In consideration of the payment of rents and the performance of the covenants hereinafter set forth, LESSOR hereby leases to LESSEE and 'ESSEF hereby leases from LESSOR the county-awned property described as part of the NE 1/4 of the NW 1/4 of Section 15, Township 47 South, Range 29 East, Collier County, Florida as recorded in Official Record Book 99, Page 199 better described and shown in Exhibit "A", attached hereto and made a part hereof, and known as part of the County Barn Facility, Immekalee, Collier County, Florida, hereinafter referred to as the "Devised Premises", for the sole purpose of operating a public school bus parking and maintenance area facility. ARTICLE 2. Perm of Lease 1i3SCE leases the above-described property to have and to hold for a term of forty (40) years, commencing on ape 1. 1989 and ending May 30. 2029. ARTICLE 3. Mini mum_Eeryt LESSEE hereby covenants and agrees to pay as minimnn rent for the Demised premises the sum of Seven Hundred Eighty and No/100 Dollars (5780.00) for the first year of operations. On the first day of the second year of this Facility Lease Agreexht and each year thereafter, the basic yearly rental set forth in Article 3 hereof shall be increased for the ensuing one year period in the same proportion that the Consumer Price Index for Urban Wage Earners and Clerical Workers-United States City Average, all Item-Series A (1967=100), United States Department of Labor had increased for the preceding year. However, in no event shall the annual minimmi rent be less than Seven Hundred Eighty and No/100 Dollars ($780.00) nor shall any yearly increase be greater than 10%. In the event that the Consumer Price Index ceases to incorporate a significant number of items, or if a substantial change is made in the method of establishing such Consumer Price Index, then the Consumer Price Index shall be adjusted to the figure that would have resulted had no change occurred in the manner of computing such Consumer Price Index. In the event that such Consumer Price Index (or a successor or substitute index) is not available, a reliable governmental or other nonpartisan publication, evaluating the information thereto for use in determining the Consumer Price Index, shall be used in lieu of such Consumer Price Index. Each year's rental will be used to cover the expenses of water, sewer, electric and garbage services and any other expenses incurred by the LESSOR. -Page 1 of 5- 110 , I Packet Page-1716-' 41 —'• : 1/12/2016 16.E.2. ARTICLE 4. LESSEE'S t)e u1t in Faye In the event LESSEE fails to pay the rental, fees or charges as required to be paid under the provisions of this Facility ;ease Agreement, failure to pay shall constitute a default and LESSOR may, at its option, terminate this Agreement after ten (10) days written notice to LESSEE, unless the default is cured within the notice period. ARTICLE 5. Modifications to Demised Premises IFSSEE shall construct a maintenance a building, no 1 than one see thousand (1,000) square feet in size, within twelve (12) Exam the date of execution of this Facility Iaaee Agreement. The I on of the maintenance building shall be within the south half of D anised Premises, as shown in Exhibit "A", attached hereto and made a parte hereof. Prior to making any changes, alterations, additions or isprovements to the Demised Premises, LESSEE will provide to LESSOR all prceosais and plans for alterations, improvements, changes or additions to the Demised premier; for LESSOR'S written approval, specifying in writing 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 shall thereafter have thirty (30) days within which to approve or deny in writing said request for changes, impxovenen s, alterations or additions. LESSOR shall not unreasonably withhold its consent to required or appropriate alterations, inprovenents, changes or additions proposed by IF:S.SEE. If after thirty (30) days there has been no reonse from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as denial to such request of LESSEE. If upon obtaining written cent LESSEE fails to complete its work within the completion time as approved by LESSOR, LESSOR may at its election cteplete said changes, inprovanents, alterations, or additions. If any costs are incurred by LESSOR as the result of LESSEE'S failure to cxecplete the propesed project and by LESSCWS completion of the proposed project, then upon demand and within thirty (30) days of the demand, LESSEE shall pay to LESSOR the amount of costs incurred by LESSOR. No election to perform by LESSOR shall constitute waiver of any covenant or obligation of IFIsSEE or any future default. LESSEE covenants and agrees in connection with any maintenannoe, 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 present and future 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, inprevencnts, and additions to said Demised Premises stxill 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 LESSOR and shall remain for the benefit of LESSOR at the end of the terms or other expiration or termination of this J"r+ 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 Lease, or within thirty (30) days thereafter LESSOR so directs, LESSEE shall prcxrp+tly remove the additions, improvements, alterations, fixtures and installations which were placed in, on or upon the Demised Premises by LESSEE and which are designated in said notice, and repair any damage occasioned to the Demised Premises by such removal and in default thereof, LESSOR may effect said removals and repairs at LESSEE'S expense (or as otherwise provided for). LESSEE covenants and agrees not to use, occupy, suffer or permit said Demised Premises or any part thereof to be used or ocxupied for any purpose other than described above. AVI'ICLE 6. Aopess�t Demised eeemigge LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of making such repairs provided herein, and for the purposes of inspection for compliance with the provisions of this Facility Lease Agreement. -Page 2 of 5- f • _. .___ Packet Page -1717- 77 1/12/2016 16.E.2.1 ARTICLE 7. Assignment and SublettiDe LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the 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 terns, conditions and covenants of this lease. 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 I eeee or subletting of the Demised Premises. ARTICLE 8. Maw LESSEE shall, at its sole cost and expense, keep the Demised Premises clean at all tines. If said Demised Premises are not kept clean in the opinion of LESSOR, LESSEE'S manager will be so advised in writing. If corrective action is not taken within five (5) days of the receipt of such • notice, LESSOR will cause the same to be cleaned and corrected and LESSEE shall assume and pay all necessary cleaning costs and such costs shall constitute additional rent which shall be paid by trscrs within ten (1o) days of receipt of written notice of such costs incurred by LESSOR. Upon completion of the maintenance building proposed under Article 5. Modifications to Demised Premises, the LESSOR and 1esgEE hereby owenanteee./Jlik, and agree that the shall be fully responsible for any and al improvements, repairs, Alegations, modifications and any other associate -v-ve c • osts with the maintenance of the building. ARTICLE 9. ocmdemnation Clause If the whole property of the Demised Premises shall be taken or condemned by any =patent authority for any public or quasi-public use or purpose, then in that event, this Lease and the term of this lease shall cease and terminate as of the date the Lessor detezmires its need of said Demised Premises or upon the date that the title shall vest in such authority. The rent hereunder shall be apportioned and paid up to said date upon which this Lease terminates hereunder or the date at which LESSEE'S business is materially impaired, whichever is earlier. If only a }art of the Cersised Premises shall be needed by Lessor or be so taken or onndemr-d, this Lease and the term of this Teaee hereof shall not (-sage or terminate, but the rent payable hereunder after the date on which LESSEE shall be required to surrender possession of the part of the Demised Premises so taken or condemned shall be reduced proportionately as of the date of such cardenuhation or date at which LESSEE'S business is materially impaired, whichever is earlier. If the remaining portion of the Demised Premises is not sufficient for the operation of the IFSStt'S business, LESSEE may cancel this Lease by notifying LESSOR within ninety (90) days of the taking of all or a portion of the Demised Premises. • In the event of any such taking or condemnation in whole or in part the entire award shall belong to LESSOR without any deduction therefrom for the value of the unexpired term of this Lease, or for any other estate or interest in the Demised Premises now or hereinafter vested in LESSEE. Furthermore LESSEE hereby assigns to the LESSOR all its rights, title and interest in and to any and all such award or awards without reservation of any rights, estate, or any part thereof. Nothing herein contained shall be construed to permit LESSOR to make application to receive an award for moving expenses or an allowance with respect to trade fixtures and equipment belonging to IESSEE. Any re-construction required as a result of such taking as contemplated herein shall be at the sole cost and expense of the LESSOR if compensated by the taking authority for said re-construction. ARTICLE 10. Indemvu y and Insurance LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is accepted through the signing of this Facility lease Agreement covenants and agrees that it will defend, protect, save, hold harmless and keep LESSOR indemnified against and from any penalty, damage, injury costs, or charges imposed for any violation of any law or ordinance, whether occasioned by the neglect of LESSEE or those holding -Page 3 of 5- • Packet Page-1718- 1/12/2016 16.E.2.' • under LESSEE, and that LESSEE will at all times defend, protect, indemnify, save and hold harmless LESSOR against and £stun all claims, loss, injury, costs, damage or expense arising out of or from any accident or other occurrence, on or about the Demised Premises causing injury to any person or personal prt ,erty whoneoeuer and whatsoever, during the term • of this lease or any extension hereof. TERSEE hereby acktowledges that the Minimum Rent called for in Article 3 of this Facility Tt+aco Agreement has been reduced by Ten Dellars ($10.00) and is hereby considered by LESSEE as payment of this obligation by =SOR. The LESSEE agrees to provide and maintain with a reputable insurance company, at its sole cost and expense, public liability insurance against property damage or personal injury arising out of or growing out of the use of or occurring on or about the Demised Premises. If after 5 years from the date of execution of this Lease, it is the opinion of the Collier County Risk Manager that the insurance provided is insufficient, LESSEE agrees to increase coverage as required. The execution of this Agreement shall in no way constitute a waiver of the sovereign immunity rights of the parties under Chapter 768 of the Florida Statutes. ARTICLE 11. Utilities and Services All utilities and service hookups shall be the responsibility of the LESSEE. Should additional capacity be required, all costs of providing the additional capacity shall be borne solely by the LESSEE. ARTICLE 12. Defaults by Lessee Failure of LESSEE to °amply with any provision or covenant of this Agreement shall constitute a default and LESSOR may, at its option, terminate this Agreement after thirty (30) days written notice to LESSEE, unless the default is cured within the notice period (or such additional time as is reasonably required to correct such default and is granted by LESSOR). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Agreement shall automatically terminate ipso factor, notwithstanding the above provisions herein: a. Failure to construct the proposed maintenance building within twelve (12) mouths after the execution of this Lease unless otherwise agreed in writing by the parties. b. Abandonment of Demised Premises or discontinuation of TrS.SEE'S operation. c. falsification by TFS.SEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this mace. In the event of the occurrence of any of the foregoing non-cured defaults in this Article 12, LESSOR, besides other rights and remedies it nay have, shall have the immediate right to cancel this Lease and re-enter and remove all persons and property lien the Demised Premises. ( Any and all improvements placed on the Demised Premises shall thereafter became the sole property of the LESSOR at no cost to LESSOR whatsoever, notwithstanding and without to the length of the use of the premises by LESSEE). ARTICLE 13. 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 specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 14. Notices Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: Board of County Caxmissioner's Collier COunty School Board Real Property Management Department 3710 Esrey Avenue 3301 Tamiami Trail East Bldg. 'D' Naples, Florida 33942 Naples, Florida 33962 ATTN: Dr. Themes Richey -Page 4 of 5- I • 1 i • I 'T , ee ' c-777te777-. Packet Page-1719- 1/12/2016 16.E.2.. ARTICLE 15. der of Premises LESSEE covenants and agrees to deliver up and surrender to LESSOR possession of the Demised Premises and any improvements to the Demised Premises upon expiration of this Tnaaa, (any earlier tenminatien shall be provided for as stated in or Article 12), broom clean and in as good condition and repair as the same was at the correAncenent 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 TEsSEE'S control excepted. In the event that the LESSEE shall refuse to give up possession of the Demised Premises or any improvements placed thereupon by LESSEE at the end of this Facility Jose. Agreement or any extension thereto, the TESSEE shall be liable for double rental as provided for in 83.06, Florida Statutes. ARTICLE 16. Joint 7 Of_r`qMirn LESSOR agleee to allow LESSEE, at no cost and expense, to use the premises, described as "Joint Use Area" shown in L3dnibit "A", subject to aceees requirements of the LESSOR. LESSOR also agrees to allow TEsSEE, at no cost and expense, to use the premises described as "Employee Parking" also shown in Exhibit "A", for private vehicle parking by 7 'S personnel, in accordance with parking space designation by LESSOR. ARTICLE 17. rjral Provisions LESSOR shall not be Legpircd to make any alterations, rebuildings, replacements, changes, additions, improvements or repairs during the term of this Lease. TF_SSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above, referenced Devised 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 suooe sor 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. ARTICLE 19. Effective Date This written Facility Lease Agreement shall become effective upon execution by both LESSOR and IEsSEE. ARTICLE 19. Controlling law This Facility Lease Agreement 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 hauls and seals. AS TO THE LESSOR: DATED: March 21, 1989 ATTEST: 'JAMES C. GIIF:S,:Clerk BOARD OF COUNTY COMMISSIONERS WILIER , FLORIDA L. SAUNt, chairman AS TO LESSEE: DATED: l�z ATTEST: DR. THCNSAS RICHEY, Superintendent SCHOOL BOARD OF WILIER COUNTY CO , FLORIDA By: ALBERT R. DRUGGEMEY'R,, CHAIRMAN Approved as to form and legal suffi.ci- David a. Co Assistant County '�rney -Page 5 of 5- Packet Page-1720- " r 1/12/2016 16.E.2. • EXHIBIT "A" ..41 . . . .. . 7/4.• ..." . . . 4 • fl in • . . •• . - • • • . 00 pp• Po VI -4 C") • • • ',. -11 -hc -sno0 • s . • ir-ir g- 0. 0 4.L..) .,...gas. . S.rIt.G.^c.••••.. itic),C) . 0 IN3 ...t. .1 ............___- N. . ID --• VD ttl OZ) -4:3 . .".• Cn• ••••• 'n no .I, o t i i... sn -.. es• n ....s c s s. IV = • 0. t ...... 0. s.. w 4-4. ..) )-1'. ••• ; IT r- I*4 .0 "0 0 AC fl) }:4 I') a .+1 cs• su •cs NI vs a n = Iv ri. tn• • 't a ill ,r, -.. ft •w) -.4 rst -1 t . , 2 ' ç r r rt A z . . ...., Cr ...... 111 V. Ie• •••• ft 0 Vi f 1 On 91 '''' 0 r+' E — e- INI f er —. 1 ,D "I -. ca. I a34 0. t. es, a , 1 p. — VI VI 14 . " •* Ir. "C7 'V cl rt. It I 1 ' • NI •)4 .44 rt us co ..... ..... ...q r,t ..,,, . .. 1.' • ft) Ow. 0 0.. Pi 1 ,e, rti n Ds IA- tt -••• .01 IV -. r+ c t- ■-.. ' (,) al 0 0' .41 ID rn y .1 -+. e. oft 0. ■,,:, 0 r• =•• n or . --t, ...f I i In t4 . 17. If: rft nt 43 rT • .1. to o VI 0 w 4) • t 0 10 rt. ..... n 0 tt g-I 0 O— -o ..t.ov .0" 111 fp -1,1 X • 1 X cv in to ln rs. ss ss... s-• 4(1 rit • to en t r• t n t 0 o x I 0 -1 o , 0 to • I 0 II) cl. IV .1 .b4 • I --•,_-.s.......%-,...__.•—.•-.•..-...1--p-.....-...-4-.-0,-- L • . { L . , 1 P • 0 ...., • (0 \ tt \ vk ....0 I t .., tit.k'llrki • . rl li is. 1,1 4 n • .,./...1r :.1 a i S I . iN g II k r 1 fi IN .t... . . ... . "tl t F, 4 . • 'INJ fI Z. . . ■ i 0 C.:N. Il . . * • ht —:"--:--: - • Aittsvit•'4', 1 I re"er.","1. • • • i Packet Page-1721-