Agenda 12/13/2016 Item #16B1 16.B.1:
12/13/2016
EXECUTIVE SUMMARY
Recommendation that the Community Redevelopment Agency (CRA), execute the First
Amendment to the Bare License Agreement between the Bayshore Gateway Triangle Community
Redevelopment Agency (CRA) and Naples Auto Donation Center (NADC), Inc. to provide for
increased vehicle storage on property located at 1965 Tamiami Trail East.
OBJECTIVE: To allow for an increased number of vehicle storage from twenty to forty vehicles and
provide enhanced fund raising opportunities for Friends of Foster Children.
CONSIDERATIONS: Naples Auto Donation Center, Inc. (NADC) currently leases property at 1742
Commercial Drive from an independent entity for vehicle repair, sales and storage. NADC, a 501(c)3
non-profit organization, is a licensed, insured and bonded auto dealer that raises funds for Friends of
Foster Children (FFC). FFC provides abused, neglected and abandoned children in Southwest Florida's
foster care system with social, educational and financial support. NADC's current facility cannot
accommodate for the number of vehicles donated, and a request was made to allow storage on CRA
property located at 1965 Tamiami Trail East.
On January 12, 2016 (Item 16.B1.) the CRA Board approved a Bare License Agreement permitting
NADC to store up to twenty vehicles on property located at 1965 Tamiami Trail. Donations of used
vehicles to the non-profit has been substantial, and NADC would like to amend the agreement with the
CRA to allow an additional twenty vehicles to be stored in the rear of the premises at 1965 Tamiami Trail
(maximum 40 vehicles). All other terms and conditions of the agreement will remain in full effect. The
zoning on the property allows for such increase. The arrangement is on a month to month basis.
FISCAL IMPACT: Under the existing license, the NADC pays the CRA $500 per month. There is no
additional fiscal impact associated with this amendment.
LEGAL CONSIDERATIONS: The item is approved for form and legality and requires a majority vote
for Board action. -JAB
GROWTH MANAGEMENT IMPACT: The Bare License Agreement will not impact the goals,
objectives and policies outlined in the Future Land Use Element - Bayshore Gateway Triangle
Redevelopment Overlay.
RECOMMENDATION: That the Community Redevelopment Agency executes the First Amendment to
the Bare License Agreement between the CRA and Naples Auto Donation Center, Inc. to provide for
increased vehicle storage on property located at 1965 Tamiami Trail East.
Prepared By: Jean Jourdan, Operations Manager, Community Redevelopment Agency
ATTACHMENT(S)
1. First Amendment to Bare License Agreement (PDF)
2.NADC Exhibit A (PDF)
Packet Pg.998
16B.1
12/13/2016
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.1
Item Summary: Recommendation that the Community Redevelopment Agency (CRA), execute
the First Amendment to the Bare License Agreement between the Bayshore Gateway Triangle
Community Redevelopment Agency (CRA) and Naples Auto Donation Center (NADC), Inc. to provide
for increased vehicle storage on property located at 1965 Tamiami Trail East.
Meeting Date: 12/13/2016
Prepared by:
Title: CRA Operations Manager—Board of County Commissioners
Name: Jean Jourdan
11/14/2016 4:22 PM
Submitted by:
Title: Division Director-Pub Tran&Nbrhd Enh—Public Transit&Neighborhood Enhancement
Name: Michelle Arnold
11/14/2016 4:22 PM
Approved By:
Review:
Public Services Department Amanda O.Townsend Additional Reviewer Completed 11/15/2016 7:55 AM
Public Transit&Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed
Public Services Department Michael Cox Level 1 Division Reviewer Skipped 12/06/2016 8:44 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 12/06/2016 9:05 AM
County Attorneys Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 12/06/2016 4:13 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/07/2016 8:59 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 12/07/2016 9:26 AM
County Attorney's Office Jeffrey A.Klatzkow Level 3 County Attorneys Office Review Completed 12/07/2016 9:59 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/07/2016 12:19 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/13/2016 9:00 AM
Packet Pg. 999
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FIRST AMENDMENT TO BARE LICENSE TO AGREEMENT c
FOR VEHICLE STORAGE a
THIS FIRST AMENDMENT TO BARE LICNESE TO AGREEMENT FOR VEHICLE
STORAGE entered into this day of , 201_ by and between Collier
County Community Redevelopment Agency, hereinafter referred to as the "BOARD," Naples
Auto Donation Center, Inc., hereinafter referred to as "LICENSEE," collectively stated as the
"Parties.".
RECITALS
WHEREAS, on January 1, 2015, the Parties entered in to a Bare License Agreement for
Vehicle Storage at 1965 Tamiami Trail East (hereinafter referred to as the"Lease"), incorporated
herein as Exhibit"A";
WHERAS, the Parties desire to amend the Lease to increase the maximum number of
vehicles allowed to be stored on the property from 20 vehicles to 40 vehicles.
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
1. The foregoing Recitals are true and correct and are incorporated by reference herein.
2. Paragraph 2 is amended as follows:
2. The approval of the use of the Property by the LICENSEE will extend on a
month-to-month basis beginning on the date first set forth above. The LICENSEE's agrees to
rent for an annual sum of$6,000 per year, which shall be paid in equal monthly installments of
$500.00 and shall be due and payable by the first day of every calendar month during the term
hereof, beginning on February 1, 2016. The LICENSEE shall further abide by the following:
a. May store up to, but not exceed, twenty (20) forty(40)vehicles on site at any given time,
b. Vehicle repairs or sales on the property is prohibited,
c. Only authorized employees of the LICENSEE are peuuitted on the Property, and
d. LICENSEE is responsible for all landscape maintenance on site.
e. LICENSEE shall maintain the Property clean and free from rubbish, dirt and other debris
at all times.
3. Excepting the aforementioned modifications set forth herein, all terms and conditions of the
Lease remain in full force and effect. This First Amendment merges any prior written and oral
understanding and agreements, if any, between the parties with respect to the matters set forth
herein.
IN WITNESS WHEREOF, the Parties have executed this First Amendment to Bare
License Agreement for Vehicle Storage on the date and year first above written.
Signatures follow on next page
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LESSEE:
Naples Auto Donation Center,Inc.
WI11 ESSES:
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By: Ei L3c
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'rint Nai•= ' v1 William E. Walsh,Vice President
Print Name:/ j . ,Zc
BOARD:
Attest:
DWIGHT E. BROCK, Clerk COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
By: By:
, DEPUTY CLERK , CHAIRMAN
Approved as for form
and legality
Jennifer A. Belpedio �
Assistant County Attorney op 0
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EXHIBIT .-��
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BARE LICENSE AGREEMENT FOR VEHICLE STORAGE a
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This Limited Use Bare License Agreement entered into this I day of iin 016, by and
between Collier County Community Redevelopment Agency, hereinafter C or L�I( NSOR whose
mailing address is 3299 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Board",
and Naples Auto Donation Center, Inc., a Florida Not-for-Profit Corporation, whose mailing address is
1742 Commercial Drive,Naples, Florida 34112,hereinafter referred to as LICENSEE.
1. LICENSEE requests the use of CRA-owned land for the purpose of vehicle storage. The Board
hereby approves the use of CRA-owned property identified as 1965 Tamiami Trail East, Naples, FL
34112 as shown in Exhibit "A" which is attached and made a part hereof, hereinafter referred to as
"Property."
2. The approval of the use of the Property by the LICENSEE will extend on a month-to-month basis
beginning on the date first set forth above. The LICENSEE's agrees to rent for an annual sum of$6,000
per year,which shall be paid in equal monthly installments of$500.00 and shall be due and payable by the
first day of every calendar month during the term hereof, beginning on February 1, 2016. The LICENSEE
shall further abide by the following:
a. May store up to,but not exceed,twenty(20)vehicles on site at any given time,
b. Vehicle repairs or sales on the property is prohibited,
c. Only authorized employees of the LICENSEE are permitted on the Property,and
d. LICENSEE is responsible for all landscape maintenance on site.
e. LICENSEE shall maintain the Property clean and free from rubbish, dirt and other debris at all
times.
3. This agreement is a bare license. The County may cancel this agreement at any time for any reason
without incurring any liability or expense whatsoever. The County will endeavor to give the LICENSEE
as much advance notice as is then possible in the event of any cancellation of this license. LICENSEE
shall remove the vehicles stored on site not Iater than thirty (30) days after receipt of notice of
cancellation. LICENSEE shall acquire all required permits.
3. LICENSEE shall provide and maintain general liability insurance policy(ies), approved by the
Collier County Risk Management Division, for not less than One Million Dollars ($1,000,000.00)
combined single limits during the term of this Agreement. Such insurance policy(ies) shall list Collier
County as an additional insured thereon. Evidence of such insurance shall be provided to the Bayshore
Gateway Community Redevelopment Agency, 3570 Bayshore Drive, Suite 102, Naples, Florida, 34112,
for approval and shall include a provision requiring ten (10) days prior written notice to Collier County
Risk Management Department Director with a copy to the Bayshore Gateway Community Redevelopment
Agency in the event of cancellation. Board shall be granted the right to revise said insurance policies
throughout the term of this Agreement when deemed necessary.
4 LICENSEE shall hold harmless and defend Collier County, the Community Redevelopment
Agency Board of Collier County, Florida, and their agents and employees, from any claims, assertions or
causes of action for any loss, injury or damage to persons or property arising from or associated with the
LICENSEE'S activities and/or use of the Property.LICENSEE further agrees to indemnify Collier County
[15-CRA-0034211216994/1]
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and the Community Redevelopment Agency Board of Collier County for any costs, expenses or fees, a
including attorneys fees (including all appeals),arising from any claims or causes of action for loss, injury
and/or damage to persons or property arising from or associated with the LICENSEE's activities and/or
use of the Property.
5. This Agreement is not assignable. Any attempt to assign this Agreement is void ab initio.
AS TO THE LICENSEE:
DATED: /-01- 16 •
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Second Witness(print name)
,,. COMMUNITY REDEVELOPMENT AGENCY OF
ATTEST(DW, i'0.I;,,) '•y. -BGM+B OF C9ETN-T EA 3MIS OP RS
G IT E.'BROCK, Clerk COLLIER COUNTY,FLORIDA
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� , I► i BY: '
Deputy Clerk • Tim Nance,Chairman
Attest as;to Chairman's
signature`o•nly.
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Approved as to form and legality:
Assistant County Atto , it , ).
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X15-CRA-0034211216994/1) 2
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Exhibit A a
Legal Description
Al: Folio ID#00388480009, ' : : r physical address ; Tamiami Trail East
.
A lot or parcel of land in the ..as •: M - •e •• • ••- uarter •f Northwest quarter, II
lying North of Tamiami T :'l, • tio, -• .•. • s 0 t,uth of Range 25 East,
Collier County,Florida,be'.g •- c: • �• o
•
From the point of intersecti�� , • •• .* .., :::�� °= a of - 4.•: of the Northwest
quarter of the Northwest q lying North of the P.,arni“.•• (formerly know as
•
Dixie H"ighway), of Section • 1 ownship .50 Sou • ': r e ast, Collier County,
' •t of way line of th- _ ••'ami Trail run in a
Florida, with the Northeaste y
Southeasterly direction for 298. • ,.•.ng the said . y rly right of way line, to
establish the point of beginning, th- it• t"r s • --ginning deflect 90 degrees
from Southeasterly. to.Northeasterly . ::' • t, thence deflect 113 degrees
30'10" from Northeasterly to Northwesterly and run 107.18 feet thence deflect 66
degrees 29'50" from Northwesterly to Southwesterly and run 295.46 feet to the said
Northeasterly right of way line of said Tamiami Trail,thence in a Southeasterly direction
run 98.29 feet along the said Northeasterly right of way line to the point of beginning.
The above described property containing 0.71 acres,more of less.
it
15-CRA-0034211216994111 3