Agenda 05/23/2017 Item #16D 705/23/2017
EXECUTIVE SUMMARY
Recommendation to forgive the final lease payment for parking lot improvements from the Naples
Zoo to the County, totaling $278,100, to support the construction of a new Zoo animal hospital.
OBJECTIVE: To support the construction of a new Naples Zoo animal hospital, a requirement for the
Zoo to maintain accreditation with the Association of Zoos and Aquariums (AZA).
CONSIDERATIONS: On December 11, 2007, the Board of County Commissioners approved the
development of the Gordon River Greenway project, which included providing the public with access to
recreational activities on and along the Gordon River. On November 13, 2012, the Naples Zoo entered an
agreement to pay for 50% of $2,636,111.61 cost incurred by the County to make parking improvements
for the Goodlette Frank Road entrance and the Zoo parking lot, which were necessary to support
completion of the Gordon River Greenway. Presently, the Zoo has made all required reimbursement
payments to date totaling $1,040,000 (four payments of $260,000 in 2013, 2014, 2015, and 2016). One
final payment remains in the amount of $278,100.
On April 10, 2017, the Zoo’s President/CEO wrote to the County requesting costs from the Zoo for work
completed on the parking areas be forgiven and reallocated toward the costs of a new Zoo animal
hospital, a requirement to maintain accreditation with the AZA. To date, the Zoo has raised $2,228,650 of
the estimated $2,600,000 costs for the hospital. Forgiveness of the final payment of $278,100 will
essentially provide the funds necessary for completion of the Zoo’s fundraising goals. Forgiveness of the
final parking payment should allow the Zoo to commence groundbreaking for the new hospital on
September 1, 2017.
In exchange for forgiving the final payment, the Zoo has offered to host all the County’s summer camp
participants free of charge on their summer visit to the Zoo in perpetuity, which historically have
approximately 1,000 children in attendance, and costs the Division between $6,000 - $8,000 each year.
Since the purchase of the Zoo property in 2004, the County has enjoyed a robust relationship with the Zoo
resulting in benefits to the residents of Collier County, such as “Free Saturdays,” which granted free Zoo
attendance to approximately 45,000 residents of Collier County last year.
FISCAL IMPACT: The FY17 budget includes the receipt of payment from the Zoo in the amount of
$278,100. If the Board decides to forgive this payment, a budget gap will exist. This budget gap will not
create a project cash flow issue in the Park and Recreation Capital Fund 306 during FY17. However,
Fund 306 will be made whole in the amount of $278,100 as part of the FY18 budget process.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: To authorize forgiveness of the final payment for parking improvement from
the Naples Zoo to the County, totaling $278,100, to support the construction of a new Zoo animal
hospital.
Prepared by: Sean Callahan, Director, Operations and Veterans Services Division.
16.D.7
Packet Pg. 737
05/23/2017
ATTACHMENT(S)
1. Letter from Zoo President & CEO (PDF)
2. Naples Zoo Improvements to Parking Area Agreement (PDF)
3. Second Amendment to Zoo Lease (PDF)
4. Third Amendment to Zoo Lease (PDF)
5. Parks Revenue Invoices (XLS)
16.D.7
Packet Pg. 738
05/23/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.7
Doc ID: 3080
Item Summary: Recommendation to forgive the final lease payment for parking lot improvements
from the Naples Zoo to the County, totaling $278,100, to support the construction of a new Zoo animal
hospital.
Meeting Date: 05/23/2017
Prepared by:
Title: – Public Services Department
Name: Sean Callahan
04/19/2017 10:57 AM
Submitted by:
Title: Department Head - Public Services – Public Services Department
Name: Steve Carnell
04/19/2017 10:57 AM
Approved By:
Review:
Parks & Recreation Barry Williams Additional Reviewer Completed 04/25/2017 2:21 PM
Public Services Department Joshua Hammond Additional Reviewer Completed 04/27/2017 11:50 AM
Public Services Department Hailey Margarita Alonso Level 1 Division Reviewer Completed 05/03/2017 2:53 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 05/04/2017 7:46 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/04/2017 4:44 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/11/2017 11:35 AM
Budget and Management Office Ed Finn Additional Reviewer Completed 05/15/2017 9:33 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/15/2017 8:16 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/16/2017 4:43 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/23/2017 9:00 AM
16.D.7
Packet Pg. 739
16.D.7.a
Packet Pg. 740 Attachment: Letter from Zoo President & CEO (3080 : Forgiveness of Final Zoo Parking Payment)
16.D.7.b
Packet Pg. 741 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment)
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Packet Pg. 742 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment)
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Packet Pg. 743 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment)
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Packet Pg. 744 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment)
16.D.7.b
Packet Pg. 745 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment)
16.D.7.b
Packet Pg. 746 Attachment: Naples Zoo Improvements to Parking Area Agreement (3080 : Forgiveness of Final Zoo Parking Payment)
16.D.7.c
Packet Pg. 747 Attachment: Second Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
16.D.7.c
Packet Pg. 748 Attachment: Second Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
16.D.7.c
Packet Pg. 749 Attachment: Second Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
16.D.7.c
Packet Pg. 750 Attachment: Second Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
Lease#PS— 106
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRD AMENDMENT TO LEASE AGREEMENT entered into this 28th day
of October, 2014, at Naples, Collier County, Florida by and between NAPLES ZOO, INC., a
Florida non-profit corporation, exempt from taxation under Section 501(c) (3)of the Internal
Revenue Code, whose mailing address is 1590 Goodlette-Frank Road, Naples, Florida
34102, hereinafter referred to as "LESSEE", and COLLIER COUNTY, a political
subdivision of the State of Florida, whose mailing address is 3335 East Tamiami Trail,
Naples, Florida 34112, hereinafter referred to as"LESSOR".
WITNESSETH
WHEREAS, the LESSEE and LESSOR have previously entered into a Lease
Agreement, hereinafter referred to as "Lease Agreement,"dated December 12, 2005, by way
of a Novation Assignment of Lease Agreement dated December 19, 2005, from the Trust for
Public Land, a California not-for-profit corporation. The Lease Agreement was
subsequently amended through an Addendum to Lease Agreement dated November 10,
2009, and a Second Amendment to Lease Agreement dated June 8, 2010.
WHEREAS, the LESSEE and LESSOR are desirous of amending that Lease
Agreement; and
NOW, THEREFORE, in consideration of the covenants and agreements provided
within the said Lease Agreement and Ten Dollars ($10.00) and other valuable consideration,
the Lease Agreement is hereby amended as follows:
1. Under Article 1, Demised Premises and Permitted Uses, Exhibit "A-1" shall be
replaced with the attached "Exhibit Naples Zoo" dated August 27, 2014, which
outlines an area comprised of approximately 52.6 acres, hereinafter referred to as
Total Acreage."
2. Both parties agree that the Lessee will be solely responsible for the cost and expense
of operating, maintaining, improving and insuring the Total Acreage, subject to the
terms contained in Paragraph 4 of the Improvements to Parking Area Agreement
dated November 13, 2012, a copy of which is attached hereto, which provides for
discussion and cost-sharing of any maintenance projects in excess of$5,000.00.
3. Except as expressly provided herein, the Lease Agreement remains in full force and
effect according to the terms and conditions contained therein, and said terms and
conditions are applicable hereto except as expressly provided otherwise herein.
1
16.D.7.d
Packet Pg. 751 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this
Third Amendment to Lease Agreement the day and year first above written.
AS TO THE LESSEE: NAPLES ZOO, INC.
a Florid. non-, ofit corporation
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AS TO THE LESSOR:
BOARD OF COUNTY COMMISSIONERS,
ATTEST:COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
BY: /
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itt t as t r aps rk TIM NANCE, CHAIRMAN
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Jeffrey A. a Tow, County Attorney
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16.D.7.d
Packet Pg. 752 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
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Exhibit
Naples Zoo
August 27, 2014
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16.D.7.d
Packet Pg. 753 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
11J
IMPROVEMENTS TO PARKING AREA AGREEMENT
Naples Zoo
THIS AGREEMENT is made and entered into this 13th
day of November, 2012, by andbetweenNaplesZoo, Inc., a Florida non-profit corporation whose mailing address is 1590
Goodlette-Frank Road, Naples, Florida 34102 (hereinafter referred to as "Zoo"), and the Board
of County Commissioners of Collier County, Florida,as the governing body of Collier County,a
political subdivision of the State of Florida(hereinafter referred to as "County"), whose mailing
address is 3335 East Tamiami Trail,Naples,Florida 34112.
RECITALS:
WHEREAS, the parties entered into the Lease Agreement dated December 12, 2005, by
way of a Novation Assignment of Lease Agreement dated December 19, 2005, from the Trust
for Public Land, a California not-for-profit corporation, and then subsequently amended on
November 10,2009,and again on June 8,2010; and
WHEREAS, the County, the Zoo and the Conservancy of Southwest Florida, Inc.
Conservancy"), entered into a Shared Parking and Access Agreement on June 26, 2012,
whereby allowing the Zoo and Conservancy to utilize the County-owned property adjacent to the
Zoo for overflow parking ("Parking Area"). In exchange for the Conservancy's use of the
Parking Area, the Conservancy will allow the Zoo and the County to access its entrance off
Goodlette Road and utilize its parking area for overflow parking;and
WHEREAS, the Board of County Commissioners approved the development of the
Gordon River Greenway project on December 11, 2007, which included providing the public
with access to recreational activities on and along the Gordon River, whereby the County will be
required to provide guest vehicular parking; and WHEREAS, the purpose of this Agreement is
to set forth the parties' understanding and agreement to the future development and financial
responsibility by each party as to certain improvements to the Parking Area as set forth below.
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16.D.7.d
Packet Pg. 754 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
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WITNESSETH:
NOW, THEREFORE, in consideration of $10.00 and other good and valuable
consideration exchanged between the parties,the parties agree as follows:
1. All of the above recitals and exhibits referenced therein are true and correct and
are hereby expressly incorporated herein by reference as if set forth fully below.
2. The County shall pay all costs for the improvements of the Parking Area and
those improvements required by the alteration of the property. The improvements shall consist
of an entrance drive off Goodlette Road, access road leading to the Parking Area, the overflow
Parking Area, as well as any associated water management requirements. The attached exhibit
shows the area of the improvements. Based on preliminary estimates by the County, the
estimated cost of these improvements is approximately $2.6 million. Zoo agrees to fully
cooperate with the County during the permitting and construction of this project.
3. Following the completion of the project, and irrespective of the final cost of the
project,the Zoo shall pay County 50%of the certified final construction costs. Initial payment of
260,000 is due within 30 days of issuance of the Notice of Commencement from the County to
the contractor. The next payment will also be in the amount of$260,000 and is due one year
later on the anniversary date of the initial payment. Subsequent payments shall be provided to
the County in three (3) equal annual installments determined by final certified construction costs
less the payments previously made by the Zoo. Payments shall be due and payable on each
anniversary of the initial payment.
4. Following the completion of the project, and notwithstanding anything to the
contrary,Zoo will provide at its sole cost and expense,all day-to-day maintenance of the Parking
Area, including mowing grass, tree trimming, emptying trash receptacles, and minor equipment
and pavement repairs. Any maintenance project in excess of$5,000.00 shall be discussed by
both parties prior to the contracting of any project,and which costs will be shared equally.
Signatures appear on next page)
2
16.D.7.d
Packet Pg. 755 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
11'J
IN WITNESS WHEREOF, the County and the Zoo have hereto executed this Agreement
the day and year first above written.
AS TO THE ZOO:
Date: fl^G •20/2--
WITNESSES:
Naples Zoo,Inc.,
2 ` V a Florida not-for-profit corporation
Corporate Seal)
Signature
X/i/By: 1/
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AS TO THE COUNTY:
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ATTEST: '." BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BRQCK-i CLERK COLLIER COUNTY,FLORIDA
ltiabelLr)BY:
D- • er FRED W.COYLE,CHA ' S N
Attest a's t ;Ci a r t-
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Appro a , i • • . and legal sufficiency:
Jeffrey ' . latzkow, County Attorney
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16.D.7.d
Packet Pg. 756 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
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16.D.7.d
Packet Pg. 757 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
11J
LEGAL DESCRIPTION OF
CROSS SHARE AG' EMENT EXHIBIT A-2
ALL THAT PART OF LOTS 3,4,AND 5 OF NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2,PAGE 2
PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA.BEING MORE PARTICULARY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTH 1/, CORNER OF SECTION 27,TOWNSHIP 49 SOUTH,RANGE 25
EAST,COLLIER COUNTY,FLORIDA;THENCE ALONG THE SOUTH LINE OF SAID SECTION 27
NORTH 89°45'51"EAST 74.17 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-
WAY OF GOODLETTE ROAD PER O.R.BOOK 246,PAGE 59,PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA,AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE NORTH 04°40'14"WEST 148.37 FEET
TO THE NORTH LINE OF LOT 3;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 04°40'14"WEST A
DISTANCE OF 234.12 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY NORTH 00°16'35"WEST A
DISTANCE OF 360.83 FEET;
THENCE LEAVING SAID EASTERLY RIGHT-OF-WAY NORTH 89°43'25"EAST A DISTANCE OF
75.00 FEET;
THENCE SOUTH 00°16'35"EAST A DISTANCE OF 14.05 FEET TO THE BEGINNING OF A CURVE
TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 89°43'25"EAST 47.00 FEET;THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57°52'I 1"AN ARC DISTANCE OF 47.47 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
WHOSE RADIUS POINT BEARS SOUTH 31°51'13"WEST 114.00 FEET;THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57°43'27"AN ARC
DISTANCE OF 114.85 FEET;
THENCE SOUTH 00025'19"EAST A DISTANCE OF 96.80 FEET TO THE BEGINNING OF A CURVE
TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 89°34'41"EAST 50.00 FEET;THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32°15'51"
AN ARC DISTANCE OF 28.16 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT WHOSE
RADIUS POINT BEARS SOUTH 57°27'55"WEST 104.96 FEET;THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31°57'40"AN ARC DISTANCE OF
58.55 FEET;
THENCE SOUTH 00°25'19"EAST A DISTANCE OF 67.54 FEET;
THENCE SOUTH 05°28'47"WEST A DISTANCE OF 53.92 FEET;
THENCE SOUTH 05°59'04"EAST A DISTANCE OF 144.57 FEET TO AN INTERSECTION WITH
THE NORTH LINE OF SAID LOT 3;
THENCE NORTH 89°39'50'EAST ALONG THE NORTH LINE OF SAID LOT 3 A DISTANCE OF
525.15 FEET;
THENCE LEAVING THE NORTH LINE OF SAID LOT 3 SOUTH 00°20'12"EAST A DISTANCE OF
494.24 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 3;
1
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Packet Pg. 758 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
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THENCE SOUTH 89°40'11"WEST ALONG THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF
653.61 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY OF GOODLETTE
ROAD;
THENCE NORTH 04°39'04"WEST ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF
312.14 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY NORTH 04°40'14"WEST A DISTANCE OF
35.08 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 9.69 ACRES OF LAND MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM,EAST ZONE,
NAD 83/90 DATUM AND REFERENCED TO THE NORTH LINE OF LOT 6,NAPLES
IMPROVEMENT COMPANY'S LITTLE FARMS PLAT OF SECTION 27,TOWNSHIP 49 SOUTH,
RANGE 25 EAST,COLLIER COUNTY,FLORIDA,AS BEING NORTH 89°53'18"EAST.
AGNOLI,BARBER&BRU = GE, INC.
PROFESSIONAL ENG i' RS,PLANNERS&SURVEYORS AND MAPPERS
BY
WAYNE D. AG •OLI ,R.S.M. NO.5335 DATE A 'IA
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2
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Packet Pg. 759 Attachment: Third Amendment to Zoo Lease (3080 : Forgiveness of Final Zoo Parking Payment)
Date:
Invoice #:
Bill to:
1590 Goodlette Frank Road
Naples, Fl. 34102
Total Due
Invoice
Collier County Department of Public Service
Parks and Recreation Division
15000 Livingston Road - Naples, FL 34109
Phone (239) 252-4000 - Fax (239) 514-8657
Website: colliergov.net
John J, Mulvena, President and CEO
Naples Zoo, Inc.
Job Payment Terms
Final -Payment 5 of 5 Upon Receipt
306-116360-366900-80065
Description Total
$
Payment is due no later than June xx, 2017
$
Make all checks payable to Collier County Parks & Recreation Div. (CCPRD)
Thank you for your business!
16.D.7.e
Packet Pg. 760 Attachment: Parks Revenue Invoices (3080 : Forgiveness of Final Zoo Parking Payment)
16.D.7.e
Packet Pg. 761 Attachment: Parks Revenue Invoices (3080 : Forgiveness of Final Zoo Parking Payment)
Invoice
278,055.80$
278,055.80$
16.D.7.e
Packet Pg. 762 Attachment: Parks Revenue Invoices (3080 : Forgiveness of Final Zoo Parking Payment)
16.D.7.e
Packet Pg. 763 Attachment: Parks Revenue Invoices (3080 : Forgiveness of Final Zoo Parking Payment)