Agenda 05/09/2017 Item #16E 105/09/2017
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with the District School Board of Collier County
for the continued use of property for recreational purposes at Avalon Elementary School.
OBJECTIVE: To continue the County’s use of property for recreational purposes at Avalon Elementary
School.
CONSIDERATIONS: Since 1984, the County has leased property owned by the District School Board
of Collier County (District) at Avalon Elementary School located at 3300 Thomasson Drive (Leased
Premises), which the County developed as a recreational area on approximately six acres to accommodate
a baseball field, soccer field, and basketball court.
The current Lease Agreement is scheduled to expire on May 21, 2017. The District has agreed to continue
the County’s use at this location for an additional ten years.
The proposed Lease Agreement is identical to the current Lease Agreement with three exceptions:
1. Termination date is May 21, 2027.
2. Additional term added to Paragraph 6.01: “The District reserves the right to temporary or
permanently restrict or prohibit use of the Leased Premises or any portion thereof, if the County
(or its guests, users or invitees) fails to adequately supervise or clean up the Leased Premises.”
3. Paragraph 7.02 removed: “7.02: The District intends to construct a pavilion to replace the one
removed from the Leased Premises and exclusively bear the expense of designing, permitting,
and constructing same. The pavilion, if constructed, shall be repaired and maintained by the
County during the effective term of the Agreement.”
Notable provisions include:
Either party may terminate the Lease, for any reason, by providing ninety (90) day’s written notice to the
other party. Each party will be required to maintain insurance coverage in the minimum amount required
under State law since both parties are self-insured.
As in the previous lease, the County will not pay for use of the Leased Premises, but will be responsible
for the procurement and cost of repairs and general maintenance for all of the improvements including,
but not limited to, lighting, irrigation, mowing and clay work on the fields.
The Lease contains a provision for the District to have priority use of all of the facilities at the Leased
Premises during normal school hours and for special school-related events or programs other than during
regular school hours. The District is required, however, to provide the County with thirty day’s advance
notice to the Parks Division advising of its intention to use the Leased Premises during the County’s
scheduled time. The County has the right to use the Property after school hours until 10:00 p.m. and on
weekends and when school is not in session from 6:00 a.m. until 10:00 p.m.
FISCAL IMPACT: There is no rent associated with this item. The annual costs for maintenance items
have been budgeted by the Parks and Recreation Division as part of their annual budget.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
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05/09/2017
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board action. - JAB
RECOMMENDATION: To approve and authorize the Chairman to execute the Lease Agreement with
the School District of Collier County.
Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management
ATTACHMENT(S)
1. Avalon Elementary Agreement CAO (PDF)
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05/09/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Doc ID: 2977
Item Summary: Recommendation to approve a Lease Agreement with the District School Board
of Collier County for the continued use of property for recreational purposes at Avalon Elementary
School.
Meeting Date: 05/09/2017
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
04/04/2017 10:16 AM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
04/04/2017 10:16 AM
Approved By:
Review:
Facilities Management Dennis Linguidi Additional Reviewer Completed 04/04/2017 4:59 PM
Facilities Management Toni Mott Additional Reviewer Completed 04/12/2017 5:47 PM
Parks & Recreation Barry Williams Additional Reviewer Completed 04/17/2017 3:29 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 04/19/2017 4:18 PM
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 04/20/2017 12:12 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/21/2017 4:58 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 04/25/2017 4:40 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/25/2017 4:59 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 04/25/2017 5:09 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/26/2017 2:39 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/30/2017 9:18 AM
Board of County Commissioners MaryJo Brock Meeting Pending 05/09/2017 9:00 AM
16.E.1
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LEASE AGREEⅣIENT
(Avalon Elementary School)
This Leasc Agrccmcnt(``Agrccmcnt'')entered into this___day of 2017,by
and between Collier County, a political subdivision of the State of Florida, ("County") and the
District School Board of Collier County, Florida (the "District"), together the "Parties". For good
and valuable consideration, the receipt of which is hereby acknowledged, the Parties hereby
agree and contract as follows:
SECTION I. LEASED PREMISES.
l.0l The District shall lease to the County certain property owned by the District and located
adjacent to Avalon Elementary School in Naples, Florida, consisting of approximately 6.4 acres
and more particularly described on Exhibit "A" ("Leased Premises").
SECTION II -TERM.
2.01 The District agrees to lease to the County and the County agrees to lease from District the
Leased Premises for a term of ten (10) years, commencing on May 22,2017 and terminating on
May 21,2027. The Parties recognize that they are providing needed public park facilities under
the terms of this Agreement and that they may desire to extend or renegotiate this lease at its
expiration, provided that the District does not need the Leased Premises for educational facilities.
SECTION III . CONSIDERATION.
3.01 The County has constructed and maintains certain recreational facilities on the Leased
Premises. The District shall not charge any fees to County for the use of any of these facilities,
except for the cost ofutilities arising from the County's use of such facilities.
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16.E.1.a
Packet Pg. 665 Attachment: Avalon Elementary Agreement CAO (2977 : Avalon Elementary Lease Agreement with School District)
SECTION IV - REPAIRS AND MAINTENANCE
4.01 The County shall be responsible for repairs and maintenance of all improvements and
facilities located on the Leased Premises which shall include but not be limited to the following
items: lighting, irrigation, mowing, and clay work. Repair and maintenance shall be in
accordance with County Park standards and/or District, County, State and Federal legally
requi red slandards as appropriate.
4.02 The County shall have the right to replace or remove improvements and facilities on the
Leased Premises, provided that the District approves the replacement or removal in writing and
receives at least three (3) months notice of such a change. The County agrees to repair and
restore the Leased Premises in the event of any such removal. The District's approval shall not
be unreasonably withheld with respect to any requests made by the County to replace or remove
the improvements or facilities located on the Leased Premises.
SECTION V - USE.
5.01 The District shall have priority use of all facilities on Leased Premises during regular
school hours and for special school-related events or programs at times other than regular school
hours, provided that such special events are scheduled in writing at least thirty (30) days in
advance with the Collier County Parks and Recreation Director or designee. The County shall
have the right to use the facilities on the Leased Premises after regular school hours, Monday
through Friday until 10:00 p.m. and on weekends, Saturday and Sunday and also days when
school is not in session (e.g. holidays and summer vacation) from the hours of 6:00 a.m. until
l0:00 p.m.
16.E.1.a
Packet Pg. 666 Attachment: Avalon Elementary Agreement CAO (2977 : Avalon Elementary Lease Agreement with School District)
SECTION VI - SUPERVISION & CLEAN-UP.
6.01 The County and the District shall each provide adequate personnel to supervise (and
clean-up) the use ofthe facilities during their respective times ofuse of the Leased Premises in a
manner that promotes community heatth, public safety and proper preservation of the public
facilities. The District reserves the right to temporary or permanently restrict or prohibit use of
the Leased Premises or any portion thereof, if the County (or its guests, users or invitees) fails to
adequately supervise or clean-up the Leased Premises.
SECTION VII . CAPITAL IMPROVEMENTS.
7 .01 The County may construct capital improvements and install additional equipment to
improve the existing facilities on the Leased Premises provided that such improvements or
additions are not in conflict with school use and are approved by the District in writing and in
accordance with the terms of this Agreement. The County shall be solely responsible for any
and all costs associated with such improvements or additions. The District shall have the right to
review and approve, prior to construction, the plans, specifications and location for the
placement of all equipment, facilities, and capital improvements upon the Leased Premises and
such approval shall not unreasonably be withheld.
SECTION VIII . FENCING AND GATES.
8.01 The District shall have sole discretion over the control, operation and location ofall
fences and gates located on the Leased Premises. The County shall be given access through all
gates necessary to use the Leased Premises in accordance with the terms ofthe Agreement.
SECTION IX - SCHOOL ADDITIONS & PORTABLE CLASSROOMS.
9.01 The County acknowledges and agrees that the District shall have the right to build
additions and,/or install portable classrooms or make other improvements and modifications on
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16.E.1.a
Packet Pg. 667 Attachment: Avalon Elementary Agreement CAO (2977 : Avalon Elementary Lease Agreement with School District)
the Leased premises for school-related purposes. In the event that the District elects to makes
such improvements, installations and/or modifications, the District shall notiff the County with
at least ninety (90) days written notice and shall make reasonable efforts not to adversely impact
(or terminate) the County's use of the Leased Premises.
SECTION X - INDEMNIFICATION.
10.01 To the extent provided by law, each Party agrees to hold harmless, indemnify and defend
the other Party including its agents, officers, directors and employees for any and all claims,
losses, penalties, demands, judgments, costs of suits, including attorney's fees, for any expense,
damage or liability incurred, whether for personal injury, property damage, direct or
consequential damages, or economic loss arising directly or indirectly arising from or in
connection with the use of the Leased Premises under the terms of this Agreement, except for
such damage or liability which is caused solely by the negligence of the other Party. This
indemnification shall not be deemed a waiver of any limitation of liability to which either Party
may be entitled under Florida Statutes.
10.02 The County and the District shall maintain insurance coverage in the minimum amounts
and types as required under State law. The County and the District agree that either party may
be self-insured on the condition that all self-insurance(s) must comply with all State laws and
regulations.
SECTION XI . TERMINATION.
11.01 The District and the County may, at any time, and for any reason, terminate this
Agreement upon ninety (90) days written notice to the other Party.
11.02 In the event the Agreement is terminated, the County shall have the right to remove any
and all structures, improvements and equipment that it has constructed or installed upon the4 16.E.1.a
Packet Pg. 668 Attachment: Avalon Elementary Agreement CAO (2977 : Avalon Elementary Lease Agreement with School District)
Leased Premises upon forty-five (45) days of written notice to the District. The County agrees to
restore the Leased Premises in the event of any such removal. With respect to those capital
improvements upon the Leased Premises that were paid for solely by the County and are
permanent and not removable, the District shall reimburse the County for such improvements in
accordance with their remaining depreciated value. The reimbursement shall be made during the
next budget year and shall be in the form of actual cost of said capital improvements depreciated
by ten percent (10%) per year from the date of construction, however, no reimbursement
payments shall be required of the District after the improvements have been in use for ten (10)
years.
SECTION XII - EFFECT ON OTHER AGREEMENTS.
12.01 This Agreement is not intended to replace or otherwise amend or modify any agreements
executed by the Parties other than that certain Lease Agreement for property located at Avalon
Elementary and dated May 22,2007.
SECTION XIII - ARBITRATION.
13.01 In the event that the Parties disagree regarding the interpretation of this Agreement, or the
fulfillment of obligations required hereunder, either Party may request an appeal to the
Superintendent, or County Manager, as applicable. Should the problem not be resolved to the
mutual satisfaction of any Party, it shall be submitted at the request of either Party to binding
arbitration in front of a three person panel according to the rules of the American Arbitration
Association.
SECTION XIV - ASSIGNABILITY.
14.01 The Parties shall not assign any interest in this Agreement without the
consent ofthe other.
prlorC written
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Packet Pg. 669 Attachment: Avalon Elementary Agreement CAO (2977 : Avalon Elementary Lease Agreement with School District)
SECTION XV - AMENDMENT.
15.01 This Agreement embodies the entire Agreement between the Parties and may not be
modified unless in writing, executed by both Panies.
SECTION XVI - CHOICE OF LAW.
16.01 This Agreement shall be interpreted in accordance with the laws of the State of Florida. It
is recognized that all Parties hereto have contributed substantially and materially to the
negotiations and preparation of this Agreement, and that the Agreement shall not be interpreted
more harshly against one party by virtue of its preparation.
SECTION XVII _ SEVERABILITY.
17.01 In the event that any provision of this Agreement is held to be illegal, invalid or
unenforceable under present or future laws, such provision shall be fully severable. This
Agreement shall be construed and enforced as if such illegal or enforceable provision had never
compromised a part of this Agreement, and the remaining provisions of this Agreement shall
remain in full force and effect.
SECTION XVIII - EFFECTIVE DATE.
18.01 The Effective Date of this Agreement shall be the date that the last signature as set forth
below.
SECTION XIX - NOTICE.
19.01 Any notice required to be made under this Agreement shall be made in writing and either
hand delivered or delivered by overnight courier or facsimile transmission, or sent by registered
or certified mail, return receipt requested, and addressed to the following: District School Board
of Collier County, Florida, c/o Superintendent, 5775 Osceola Trail, Naples, Florida 34109;G616.E.1.a
Packet Pg. 670 Attachment: Avalon Elementary Agreement CAO (2977 : Avalon Elementary Lease Agreement with School District)
Collier County, c/o County Manager, 3301 East Tamiami Trail, Administrative Building, Naples,
Florida, 34112.
SECTION XX - BINDING ON THE PARTIES.
20.01 Each Party hereby represents and warrants to the other that the execution of this
Agreement and any other documents required or necessary to be executed pursuant to the
provisions hereof are valid, binding obligations and are enforceable in accordance with their
terms.
IN WITNESS WHEREOF, the Parties hereto have caused the Agreement to be executed by their
appropriate officials, as of the date first above written.
ATTEST:
DWIGHT E.BROCK,Clerk BOARD OF COUNTY COMヽ 41SSIONERS,
COLLIER COUNTY,FLORIDA.
By:
Deputy Clerk
Penny Taylor, Commission Chairman
Approved as to form and legality:
Jennifer A. Belpedio
Assistant County Attorney
THE DISTRICT SCHOttL BOARD OF COLLIER
COUNTY,FLORIDA
ATTEST:By:
Roy M. Terry, School Board Chair
Dr. Kamela Patton, Superintendent
Approved as to form and legal sufficiency:
By:
By:7Jon Fishbane, District General Counsel
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Packet Pg. 671 Attachment: Avalon Elementary Agreement CAO (2977 : Avalon Elementary Lease Agreement with School District)
Exhibit A
(Diagram/Depiction of Leased Premises)C16.E.1.a
Packet Pg. 672 Attachment: Avalon Elementary Agreement CAO (2977 : Avalon Elementary Lease Agreement with School District)
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Packet Pg. 673 Attachment: Avalon Elementary Agreement CAO (2977 : Avalon Elementary Lease Agreement with School District)