Agenda 09/12/2017 Item #16D1209/12/2017
EXECUTIVE SUMMARY
Recommendation to approve a Lease Agreement with the District School Board of Collier County
(School Board) for the continued use of the Property at Veterans Memorial Elementary School.
OBJECTIVE: A Lease Agreement is required to continue the County’s use of Property that is used for
recreational purposes at Veterans Memorial Elementary School.
CONSIDERATIONS: Since 2007, the County has leased Property owned by the School Board at
Veterans Memorial Elementary School located at 15960 Veterans Memorial Boulevard (Property), in
which the County developed a recreational area on approximately 4.5 acres to accommodate a ball field
and multi-purpose athletic field.
The current Lease Agreement is scheduled to expire on September 24, 2017. The School Board has
agreed to continue the County’s use at this location for an additional ten years. The Lease includes an
early termination provision for either party to terminate at any time, for any reason, by providing ninety
days’ 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. The County will not pay
for the use of the Property, but will be responsible for the procurement and cost of repairs and general
maintenance for all 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 the facilities at t he Property 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 days’ advance notice to the
Parks Division advising of its intention to use the Property 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 in their annual budget.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
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 Division
ATTACHMENT(S)
1. Veterans Memorial Elementary School Park Lease_001 (PDF)
16.D.12
Packet Pg. 1456
09/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.12
Doc ID: 3574
Item Summary: Recommendation to approve a Lease Agreement with the District School Board
of Collier County (School Board) for the continued use of the Property at Veterans Memorial Elementary
School.
Meeting Date: 09/12/2017
Prepared by:
Title: Property Management Specialist, Senior – Facilities Management
Name: Michael Dowling
08/03/2017 1:07 PM
Submitted by:
Title: Division Director - Facilities Mgmt – Facilities Management
Name: Dennis Linguidi
08/03/2017 1:07 PM
Approved By:
Review:
Facilities Management Toni Mott Additional Reviewer Completed 08/03/2017 1:24 PM
Parks & Recreation Ilonka Washburn Additional Reviewer Completed 08/03/2017 1:51 PM
Facilities Management Dennis Linguidi Additional Reviewer Completed 08/04/2017 5:27 PM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 08/13/2017 6:49 PM
Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 08/14/2017 6:09 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 08/14/2017 3:53 PM
Solid and Hazardous Waste Dan Rodriguez Additional Reviewer Completed 08/16/2017 8:36 PM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 08/17/2017 8:08 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 08/17/2017 10:08 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 08/17/2017 4:08 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 08/18/2017 3:01 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 08/22/2017 12:20 PM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 08/24/2017 4:10 PM
Board of County Commissioners MaryJo Brock Meeting Pending 09/12/2017 9:00 AM
16.D.12
Packet Pg. 1457
LEASE AGREEMENT
(Veterans Memorial Elementary School)
This Lease Agreement ("Agreement") 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.
1.01 The Dstrict shall lease to the Counly certain property owned by the District and located
at Veterans Memorial Elementary School in Naples, Florida, consisting of approximately 4.5
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) yeaxs, commencing on September 25,2017 and,
terminating on September 24, 2027 . T\e 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 fiom the County's use of such facilities.
16.D.12.a
Packet Pg. 1458 Attachment: Veterans Memorial Elementary School Park Lease_001 (3574 : Veterans Memorial Elementary School Park)
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
required standards, as applicable.
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 nol
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 l,eased 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 shalt
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
10:00 p.m.
16.D.12.a
Packet Pg. 1459 Attachment: Veterans Memorial Elementary School Park Lease_001 (3574 : Veterans Memorial Elementary School Park)
SECTION VI _ SUPERVISION & CLEAN-UP.
6.01 The County and the District shall each provide adequate personnel to supervise (and
clean-up) the use of the facilities during their respective times ofuse ofthe Leased Premises in a
manner that promotes community health, 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, preserve, maintain 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, lhe 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 of all
fences and gates located on the Leased Premises. The County shall be given access thrcugh 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 on316.D.12.a
Packet Pg. 1460 Attachment: Veterans Memorial Elementary School Park Lease_001 (3574 : Veterans Memorial Elementary School Park)
the Leased Premises for school-related purposes. In the event that the District elects to make
such improvements, installalions and/or modifications, the District shall notifu 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 ofthe Leased Premises.
SECTION X - INDEMNIFICATION.
10.01 To the extent provided by law, each Party agrees to hold harmless, indomniS 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 attomey'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 tle Leased Premises under t}te 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 terminaled, the County shall have the right to remove any
and all structures, improvements and equipment that it has constructed or installed upon the4 16.D.12.a
Packet Pg. 1461 Attachment: Veterans Memorial Elementary School Park Lease_001 (3574 : Veterans Memorial Elementary School Park)
Leased Premises upon forty-five (45) days ofwritten 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 ofsaid 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 Veterans
Memorial Elementary School and dated September 25, 2007.
SECTION XIII . ARBITRATION.
13.01 In the event that the Parties disagree regarding the interpretation ofthis 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
arbitralion in fiont 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 prior written
consent ofthe other.516.D.12.a
Packet Pg. 1462 Attachment: Veterans Memorial Elementary School Park Lease_001 (3574 : Veterans Memorial Elementary School Park)
SECT10N XV‐AMENDMENT.
15 01 This Agreemcnt cmbodies the entire Agrcemcnt betwccn the Parties and may not be
modincd unless in、vTiting,cxccuted by both Partics
SECTION XVI‐CHOICE OF LAW.
16 01 This AgTccmcnt shall bc intcrpreted in accordance wlth the laws ofthe Statc ofFlorida.It
is rccognized tllat alI Parties hercto have contHbutcd substantially and m4ate五 ally to thc
ncgotiations alld prcpaatiOn of ths Agrccment,and tllat the Agrccmcllt shali not bc interpretcd
moド hatthly against onc paly by Virtuc ofits prcpttation.
SECTION XVII―SEVERABILITY
17 01 1n the event that any provision of this Agrccment is held to be inegal, invalid or
uncnforccable undcr prescnt or iture laws, such provision shall be fully sevcrable This
Agrccmcnt shall bc construed and cnforced as if such incgal or enforceable prOvision had nevcr
compromiscd a part of this Agrcemcnt,and the remttning prOvisions of this Agrcement sha∥
rcmttn in ill fOrcc and cmect
SECT10N XVHI―EFFECTIVE DATE
18 01 Thc Effcctivc Datc of this Agrccment shall be the datc that the last signaturc as sct forth
bclow
SECT10N XIX―NOTICE.
19.01 Any noticc requircd to bc made llnderthis Agrccmcnt shall be madc in、vTi`ng and either
hand delivered or dclivercd by ovemight courier or facsimile transmission,or scnt by rcgistcrcd
or ccrtiflcd mdl,rcturn rcceipt requcstcd,and addrcssed to the follo、ャing:DistHct School Board
of Co∥ier County, Flo五 da, c/o SupcHntcndent, 5775 0sccola Trail, Naplcs, Florida 34109;616.D.12.a
Packet Pg. 1463 Attachment: Veterans Memorial Elementary School Park Lease_001 (3574 : Veterans Memorial Elementary School Park)
Collier County,c/o County Manager,3335 East Tamiam■l Trail,Administrative Building,Naples,
FloHda,34112.
SECT10N XX‐BNDNG ON THEPARTIES
20.01 Each Party hcrcby rcprescnts and warrants to thc othcr that thc cxccution of this
Agrccmcnt and any othcr documcnts rcquired or nccessary to bc cxccutCd pursuant to thc
provisions hercof arc valid, binding Obligations and arc cnforccable in accordance with thcir
telllls.
Dヾ WITNESS WHEREOF,the Parties hcreto have causcd the Agreement to be cxecuted by their
appropnatc offlcials,as ofthe datc flrst above wntten.
ATTEST:
Dヽ /1GHT E BROCK,Clerk BOARD OF COUNTY COⅣ鵬41SS10NERS,
COLLIER COUNTY,FLORIDA.
By:
Deputy Clerk
Approved as to form and legality:
Penny Taylor, Commission Chair
Assi:服 Rl『11。mey くっく ヾ゛ぶ・ THEI)ISTRICT SCH00L BOARD OF COLLIER
COUNTY,FLORIDA
ATTEST: By:
Roy M.Tcrり ,School Board Chatr
Dr. Kamela Patton, Superintendent
Approved as to form and legal sufficiency:
By:
By:
Jon Fishbane, District General Counsel7 16.D.12.a
Packet Pg. 1464 Attachment: Veterans Memorial Elementary School Park Lease_001 (3574 : Veterans Memorial Elementary School Park)
,~ま
・
日L 16.D.12.a
Packet Pg. 1465 Attachment: Veterans Memorial Elementary School Park Lease_001 (3574 : Veterans Memorial Elementary School Park)