Loading...
Backup Documents 01/09/2018 Item #16D 2 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 0 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office n n gyp., t`\Z`.d 4. BCC Office Board of County _' yC in Commissioners \AsC�/ / l lbkl% 5. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff '. Phone Number / 2 ,V/ Contact/ Department ,ij) 0 /-1/ /(E C .� 0 (,., L . 4 -1j7y Agenda Date Item was ' ' _ -a--- Agenda Item Number f Approved by the BCC / . 9 / 6 \ -b--2 Type of Document Number of Original Attached C C 4 e- A/1“---6,-,-/W. -,'--r Documents Attached .,2 ,L j = 7 PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? Sqq wi.ft p ow./ b(c- i,;/' 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. "!' ' 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's r J; , Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip . should be provided to the County Attorney Office at the time the item is input into SIRE. f £ Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on /'// (renter date) and all changes made sI- during the meeting have been incorporated in the attached document. The County V' it ,pith Attorney's Office has reviewed the changes,if applicable. `_ ,ftp t'tY ; 9. Initials of attorney verifying that the attached document is the version approved by the, A,44itit BCC, all changes directed by the BCC have been made,and the document is ready fort ',i .0:,r •,i Chairman's signature. „ht,,,InE� I.Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 160 2 Memorandum r, f'Oi1OP 1 _r)t To: Minutes and Records Clerk to the Board From: Michael Dowling Senior Property Management Specialist Real Property Management Date: January 3, 2018 . Subject: Lease Agreement—Palmetto and Eden Park Elementary Schools BCC: January 9, 2018 Item: tfr-EzS -Z..,., Please provide me with one original after attestation. Please contact me at extension 8743 with any questions. Thank you and best regards, Michael 1 6 D 2 MEMORANDUM Date: January 17, 2018 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Boards Minutes & Records Department Re: Lease Agreement Palmetto Elementary School Attached is one (1) original agreement as referenced above (Item #16D2), approved by the Board of County Commissioners on Tuesday, January 9, 2018. Please return a fully executed original back to the Minutes & Records Department for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 1613 2 LEASE AGREEMENT (Palmetto Elementary School) `9' This Lease Agreement ("Agreement") entered into this `-1day of 7 h/444e/ , 201 S, 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 District shall lease to the County certain property owned by the District and located at Palmetto Elementary School in Naples, Florida, consisting of approximately 3 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 January 17, 2018 and terminating on January 16, 2028. 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 of utilities arising from the County's use of such facilities. 1 161 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 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 10:00 p.m. 2 16U 2 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 of use of the 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, 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 of all 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 of the 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 3 160 2 the Leased Premises for school-related purposes. In the event that the District elects to make such improvements, installations and/or modifications, the District shall notify 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 the 4 1613 2 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 Palmetto Elementary School and dated January 29, 2008. 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 prior written consent of the other. 5 1613 2 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 Parties. 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; 6 160 2 Collier County, do County Manager, 3335 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: '• ,T i .Y DWIGHT E. B.ROCK, Clerk BOARD �i F F• TY COMMISSIONERS, By7:7) F. 1 ( COLLIE 5,4. • TY, FLORID• . '� Deputy By: /1/1 Attest aito Chairman's Commission air p —Pr,�+i_I signature only. Approved as to Bonn and legality: Jennifer A. Belpedio Assistant County Att y THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA ATTEST: By: School B d Chair r. K ela Patton, Superintendent Approved as to form and legal sufficiency: By: ;101 LI(U1,2. J n Fishbane, District General Counsel 7 0 • . .. . .. . . 1 6 0 2 , • . „. • . . , . • -..... .1tr•ge•Lf1. _ -"' , ''..!"...MMI -- .")".. ... ....- s- g'--''',...-2' ,,NX-'-'.-*".7. ..-,W".-------,..._. _-.24. -0-Tr-...ez,m,,,-_,, ••,..air_....,,,,,,t..._37..,,,,../ i ,a,,-,,,,,,,-,---..- -- 4-..-,..,-- • ..:41N ,- . .,, ..A..p............ wii111101111MIIIMIN.-4-s,-....,:r• - -_,..-_,-...-___:7-______,-.....-. -___.-:-_,..•-_,=•---.......=. -:-• 7-• .-,--..-,-.......L-----Mg . r - -.-....11. 14,--p-r ••:' .• • . T.-.=......r... .7. 1.7... *I.:..•........••••••4.7A•,..•..S7:4......:.... .• .1 ,, • 11 1.31h1; c')! ii ••= . .-*--41,474, 1.4rig- ' 1 I)litTION Eli . 11 • k . If• 6- i I ' DRY D l• -, k ..--• ,,....e. - ar -,-1,-.4-p . 11 $Pq' i 1 • • I i.. •'-;-Nr4"?.tAi.y.20-1,F,4;,,,,,,B II al: 11 ; • il NRCO I 1 630 ,,..' . ;-• II •-tla,r1 i 1 I , I. to 1! ' ,--, •t1'',1:'. I111111I "V:'.01.-,.li11 o_:_l-,e-.i'.-.--./;-•za*l.cl--,j_--i_4l--.t-,C,....'..-,-1.--._.-..,•-.I•;I1!-t.,;,-ilwl r,•/-I-., „ .. .usm,11.IFIAP3*'. ,.• 5F.U5T0URACE '11 =--1 DEVELOPMENT • 1 , • 1;,', •. • - )!. ,.,.•f/ lil,_e,--aw.l. iim-1_, II IIV : . 11 id Pr7L451RilW° 111-1.: ''l i 1 -II -C, --' a'-li- - CA lip 1 L._ 6 HAIN NK FEN E . . t I• 1 i •At-i-*".'1:7-!I 111 .,11 g 110„12--4 - id ii rk-,:-.7,-,%,,i 03g , i .-- • i i I v. I , ,drgt -A-...., i•1 '-- : .- • II 11 R-:, 1',^- ,III .21 ,,t II t I 1!,-.- • . . , • I ,;[ 11 t i 'W-,, --,m2a-W. _tti7,:• I I ,. ,,• 1 20 Ii --, . ' ' I 1,_ ' POINT OF BEGINNING ' i 11 li I 1 [is., r6lAWfir*1 !) i 1 I I'. ' , • I -; !! l',.0J-RMNIMI III II in i?tr, • r-• • ba_.•%•-•..- -,--I: .. ii, , 'II .<1A.i i 1 .. e,I.g, ili .1 Iliel 1 1::---7-z-=-----.7-7-7•-•:--:--7:_7"-: 9•1"4 ., il l'It it E -IM1-'-rraIi111.". -..--- I 1 i " I -UNUISTV-13-17D-TiPa140-ARMA- aii,---- -e.,...*....,Z1,.-----aa 11 ?!:t'!i ii Orgt!.!-:! r, 0: 11 j;1., '_-_-_-_,-6.,--• - •-• - 7 --..A--L-- --,--.1-----7.0-..--Et.-,_. .--7. _Jr.,-1m.1 , 11 .-c- i .•-_,k--, 1, -el .i y, , j) ilk. ..e,,:12.' 1.• .11 i i'L :, - .-. - 3_1--.--.PRIPIErriZ1.114.MeL_:1 , • eZ4.41-1 : • :: t.. t .V., '•-r-i4. i ., i,,„ 0.\ ..f-5.-: V-. "-..'..-.. --. .13*. .-..---,T.:_,...i.....-- ........1..-.-1.. ..t:--...-.-{- . ."'14-1-'-'31 --v,.•-.-." -11111111111i/11 ON ir. ..-ri . \.....-._._.-.-...-•//4.;.-.-- _... '-' '-- . r•••47,...-- - 2 • }--_._.:•,,-.J.? 0 ] • IIv_.' - -• s:•- ..., .,%.. •-,.,,.%.,,-.-, ,.`-.. -ii-,.-k... .-=7.,.. ._.-•-•-...-,...--,41f ,!E.L..-.::.:: ____._._. ._--.74=::-..:::z::::a.:,-...::_-:-,-===ii:3‘, .-,:zzar„.. F .• . .! t.••--3.- -:,r... .- •.... •. .• .E !.., ,,,,,:i ,..,_____:, optp,_5 A ......7..„.„.,__...„...._ • ,:.„....„:„.:. < . • _,..,.,„ ,... .. i, -._•ffir_.,Lb 1..,,,,• ,, _...._,,,,,,--;.- ,'DRY °ErE ° (• MIMI:1MM rgl--- It • C"" )1• ..q, , --Tir,.... ,.„ „ , , .. % , .111111y.:---7-77-7a mt.in! ,..--Vai D .• • :i r..-•-• , ..,......... • . BiffALRA01 /\ 4061..e& A 1 ,,,,,,.... . . ,,,,.....:•_i7r. - VAR= .•• • ''..; 1 II i.1 ROO- 1 kiAN d 0 '-iiimiz..41 abMIL4x,1 ,ii:-',kw_l ,c2 4: I. 1 1 OW G ....mmumAproun A 1 A ORIE3li:: • ,---,, . _ . .1 r if el •. .... , TEM iga.rani 0 BUILDING ' FF e.L. --• 16_00 lg 54 II IS: 1' It*Tairlial-- - Iiiril 1 ,II 14=', i- I n ' . - L 9 • 50- ' pf. ,m.."4-t LEASED PREMISES. IA* • 1 i .• ---- Iv mulTav r.,. ., raiVET,: \ 1 I .,, 1 °- II •-•.' -Willirly..1 ..„ il ....--_ ..,,,,y, , j • ,,,,A: ,c,41 0 _Att,..,..:am--, 1-.,_ ,..L,, - " ----- Y-tx. , s - . A e..-', 12,-17.g.- - '-‘1.•- •• t• ._;,.._, ...E. Ec NT , ..1 44.wc. „ . ',.f. ii .--,-i--' wpz_,--.%.,... , .`'....' , •-:,-.A%_P'-^*.,, 1 .tM-. itatirlAV Ihiain7 it:.';."-D l'-6 11 ''',V6 a.,%3:: ' ."''- ..tiZI:j''7.T117:41 t''.T 4-.'-7--t7'°:'31[f L; 'II zi>1•1&.1.... .!-. : . -•17- 1 -• a 1 VI ';- 1 . • 11111.P_______.4)4!1-"j"71' A- 1' • .5.17,,,FL' _rmonnessiliork 444119-X:- . A • Ilk . . ..1 'n'sr.liall v 1 -.- . . co.rt.,„=-'-' - .•-•• :I_ -11/(:----::-•-•-• *----;:-A-t•':ik •lk-- -.;._*"..,-,..-'•' '•% i 1 1 ''.:7-?-:--"1-'1 -' ""'t-I'l ! I ..-- • • g 1 II, ti ; ihilkin '`,. I ill p-L'-z,"1,0,:litT'• . r i!Ill' ..... I .1 1 i 1 t 4010 AW i T , II immcame . . ii ,. li I--ft-, -At* • . • 1 11 .pm_____ _ _7.1 (TRY DANioti A ii i-V.,Tfziatsr, . . oil . 1 (...__,...._..... ::::..._:_.___:......... _...... • Iv , III r 1 41 1156 116 ; PERI41F_R 8ERM I I I I• Jir-X-4-12-' I III f M-TP141 -1,1-1 ' J : = = . : =7:1======: 74:. Ei "16:Ai,- ':. ,..--- -,•-• ,--1.1111.111-111.111011.1111111111111.1.111.11111111111111- -_- -- ,..J.._,,,,. • -- - -,--',2- ---• • • -Ail imuziaikalaWiriMot i" ommillilW.irl1i-ar , AWIIMIIIIIMIND.rlih: 2. .. . 4.1MOMMillialir AMMONil - IX - S 89 140' 50 E 14 .00' t 1111111111 O) . , 1 toBUFFE ZONING:ESTATES(B) . lt Ess WE • LAND USE:GUI DFN iGATF FSTATFS • • . .. • . , • . . . - • . . . • . • • • . . -• - _ • , , . 1611 2 MEMORANDUM Date: January 17, 2018 To: Michael Dowling, Property Acquisition Specialist Facilities Management Department From: Martha Vergara, Deputy Clerk Boards Minutes & Records Department Re: Lease Agreement Eden Park Elementary School Attached is one (1) original agreement as referenced above (Item #16D2), approved by the Board of County Commissioners on Tuesday, January 9, 2018. Please return a fully executed original back to the Minutes & Records Department for the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16D 2 LEASE AGREEMENT (Eden Park Elementary School) This Lease Agreement ("Agreement") entered into this dayof�r�j,{et...,4 , 201 , 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 District shall lease to the County certain property owned by the District and located at Eden Park Elementary School in Naples, Florida, consisting of approximately 5.5 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) years, commencing on January 17, 2018 and terminating on January 16, 2028. 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 of utilities arising from the County's use of such facilities. 1 16D 2 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 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 10:00 p.m. 2 160 2 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 of use of the 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, 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 of all 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 of the 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 3 160 2 the Leased Premises for school-related purposes. In the event that the District elects to make such improvements, installations and/or modifications, the District shall notify 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 hainiless, 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 the 4 160 2 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 Eden Park Elementary School and dated January 29, 2008. 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 prior written consent of the other. 5 16a 2 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 Parties. 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; 6 160 2 Collier County, c/o County Manager, 3335 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: i- y'• " ' DWIGHT E. BROCK,.Clerk BOARD O F '• h TY COMMISSIONERS, ', 49 COLLIE: & • ,' TY, FLORID• . By: , o "'el*. // Deputy Clerk .. By: Attest as to Chairman's Commission •air,R,,r,. t - `off signature only. Approved as to form and legality: act. Je fer A. Be'- silio Assistant Coun' Attorney THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA ATTEST: By: I School B Chair v )-- ,,,,L,),, , Dr. Kamela Patton, Superintendent Approved as to form and legal sufficiency: By: K.-" (A1lP. J Fishbane, District General Counsel 7 6 160 2 .,, ,, L�Y_1� (};i`` ,fr t k t_z e, 1� s�, ...____ _..�.._—.____.,, ,„..„._ .; • f�'�fY�lri F • *1 JF r iii.,;10.r.. _ ` 1,�,-'.'- -a o''•-i p•• i _rr • s♦ '44i E.,• s Y It Y��}-. xr...x'k.<gi, ,.Y• . �iStwlYe.;M-<rt?w:�Uti 4• -.';...6, 'r p ,' 1 .'} -..1.333yf}<��r3 .4-`S,•.rr�,._,....:_i--:—.,,-,--.. o-r-r•�n },: { ,,,rllj�i(-T- r� .,:, ,P(..111:77M-Aff. �5#_K -• _ !CSS` t r? ;3K: y. a 'I ,�i3`, '+ 1 �' #.i{� ♦ tib ,� it^ .F- f �:c 3 ,Yd rb_•-,5?-:"-rf.;:',4,'"'-'1,41.,...e53-• iY !• f'"'#i". #0 1 • :r K'r•` :ssr=• s y :.:_` : iii'' ! } ' ,, ,..,_ FCi%* access f�- s iry?- ', r x, 11.1ti-ir' ".-.t ins 'e F -t.rr� r. :,.t g�• 5. aj]-f tyi4pi' • 1 ,.5-..e..., r .i Glc.: -��-A-4 r.?�. -,4 r.,J'. rn,4`' .1-cp----JAY•,}.•i_c{F•�J',�€e 0� t. ri- �.:.1,.- vim'# e •_.. Al, �' ., -:''..4..!,,..,,,..,:y..._ii }•a=.5• n!`_{K4 4 ,�ti.r �+• sTr• • ,t_ y fdC j . ^47:„.,,......f.', ....• - '- _ L4..: `,s- jy�. -JIB •��CL^ 3" ..._.,.._.___'.• ;i :--„_.7t� �i::�:=W="'.':9�_�'t:k'n5�' e•e t....Lr •rr`4K .t'st.. .4-..-r• .�"�J�2_ .04,4-_ft • f z•' - 1. - _ ti . .-a '• �J' r,?'• :.. .r 31_ I Fes • ., {.p �1. ' i -..-4 4*• .1-:;1 '. •"Pi :: _3• •��' �L;.3Yfi( ,r.s 6 ?y,Pit A .� .. r.{#+s t �ji j !; 1.1. k29.ga m'0- � Ir. .r g�7'I� •n5, 41/4_^ ___ _ sir, , al- t9' 'ipir� 5 �.. � < r...._r—.....-.._:,.n..... •7 F Y {�sig tii1 �;{. fns i3 • S :rs:• a* �_� • DRY�sEtFr�itoNini /i t • S �} w, sflf. II GtrHNR RPA 7.-.-- - .e rir y - 4C` �- F= a^ cl) ...1.-------,------ up -0:_,--z-._-_.:55-_,74-,-F„ • ii‘e • r..____:--,,_..77...,-;•••„----__-_--5—u.1.1%...--t-pir ,i,-&_,F--x-,t,„,z.:1-g45,-,,,,i • , ..:,...„____•1 ozi.., 1 . iv:z.,,,,_.---„t_.4e4„..%_. ..,v_.,,,,r. . •••••••.‘„,,,,vort,.. ., ,i,• ", . , . L ?Y W :�Ui d,Ari : .r 1�}SL S.j t�`' • _ $fl%y • - . . f f ji ' j1I • .f i, it/ ( :-.••..”- 0! F- • 'rt.'\r,.ir potP. .. I /+� • y €4i4"f�1 /ice•----'`.::::::=.::::::::-.7..:.7.:-72..;"• r _ R� R g 1 ,¢�, -yh' •i?O kr. 1 :. r. 5;���ueer rata[, Y 1 T ' .51 5' ALIO =,Y< _. • J•1-4,1 =•=---,_-' .a' ':gam ' t iswaw • :till MT: I ' � ,} Gt(DEJTIGN k 'E'; �7.. r`ya M7 3 _ • ir J .# 111111T, __.._. -= .�-•-.�,:..^--rr J.' • ) ''''' ..- kl Ili i _ .' tet N •} Z,7-7-. ....„_, .•._-, mr 01 j •-i•-•_�•_ t w.--,his.. ;4-,0-.0.. ...2,--- •••-,-..•• t• • '.i.v:" Ili , _.-�L�1'—'----....--.4.-_,-,_� �-^=-.4„;retatra' �"�.��=:ee�"Y r'.7aY!�-=�}t -V4.--__-;-..-.:.-,...:.:,,__:_..-:—•-•.., _ __ '{,: `