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Agenda 10/13/2015 Item #16D 410/13/2015 16.D.4. EXECUTIVE SUMMARY Recommendation to approve a Parking License Agreement with Vanderbilt Real Estate Holdings, LTD, for temporary parking for beach maintenance equipment at an annual cost of $7,200. OBJECTIVE: To minimize impacts on the rights -of -ways by obtaining temporary parking and equipment storage space for the Vanderbilt Beach MSTU Utility Conversion Project. CONSIDERATIONS: The Coastal Zone Management Division has utilized a parking area located at the intersection of Gulfshore Court and Center Street North, adjacent to Vanderbilt Beach Drive, to park beach maintenance vehicles since January 27, 2009. On December 1, 2014 Vanderbilt Beach MSTU assumed responsibility for the space to be used for storage of equipment and vehicles associated with the Vanderbilt Beach MSTU Utility Conversion Project. The property is currently being fully used and is considered essential for the completion of the project. The current Lease Agreement expires October 31, 2015 but the Vanderbilt Utility Conversion Project will not be completed until late 2017, so an extension of the lease agreement is needed. The attached Parking License Agreement provides approximately 6,000 square feet of vacant space for a parking area. The license term is for two years beginning November 1, 2015 and expiring on October 31, 2017. Either party is provided the option to terminate the lease after the first year of occupancy by providing thirty day written notice to the other party. The monthly rent will be six hundred dollars. FISCAL IMPACT: The monthly rent payments of $600 shall be withdrawn from Vanderbilt Beach MSTU Fund (143), in which funds are available. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board approval. —JAB GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the lease and authorizes the Chairman to s i g n a n d execute the attached Parking License Agreement with Vanderbilt Real Estate Holdings, LTD. Prepared By: Harry Sells, MSTU Project Manager, Public Transit & Neighborhood Enhancement Division Attachments: 1) Third Amendment to Parking Lease Agreement; 2) Deed to Leased Property; 3) Original Lease Agreement Including First and Second Amendments; 4) Aerial View of Leased Property; 5) Lease Assumption by VB MSTU; 6) Property Summary; 7) CC Insurance Covering Leased Property Packet Page -978- 10/13/2015 16.D.4. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.4. Item Summary: Recommendation to approve a Parking License Agreement with Vanderbilt Real Estate Holdings, LTD, for temporary parking for beach maintenance equipment at an annual cost of $7,200. Meeting Date: 10/13/2015 Prepared By Name: SellsHarry Title: Project Manager, Public Services Department 9/3/2015 12:22:26 PM Submitted by Title: Project Manager, Public Services Department Name: SellsHarry 9/3/2015 12:22:27 PM Approved By Name: SotoCaroline Title: Management/Budget Analyst, Public Services Department Date: 9/3/2015 1:23:43 PM Name: ArnoldMichelle Title: Division Director - Pub Tran & Nbrhd Enh, Public Services Department Date: 9/14/2015 9:42:49 AM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 9/14/2015 11:02:26 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 9/15/2015 1:23:02 PM Packet Page -979- 10/13/2015 16. DA Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 9/22/2015 2:10:55 PM Name: AlonsoHailey Title: Operations Analyst, Public Services Department Date: 9/23/2015 11:50:30 AM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 9/24/2015 8:29:06 AM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Date: 9/24/2015 10:52:22 AM Name: KlatzkowJeff Title: County Attorney, Date: 9/24/2015 1:11:44 PM Name: FinnEd Title: Management/Budget Analyst, Senior, Office of Management & Budget n Date: 10/2/2015 11:01:33 AM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 10/2/2015 11:09:44 AM Packet Page -980- 10/13/2015 16.D.4. Lease #CZM 100 THIRD AMENDMENT TO PARKING LICENSE AGREEMENT THIS THIRD AMENDMENT TO PARKING LICENSE AGREEMENT entered into this day of , 2015 at Naples, Collier County, Florida, by and between VANDERBILT REAL ESTATE HOLDINGS, LTD., whose mailing address is c/o G.L.C. Enterprises, Inc. 150 South 5 "' Street, Suite 1360, Minneapolis, Minnesota 55402 4160, hereinafter referred to as "LICENSOR ", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LICENSEE ". WITNESSETH WHEREAS, LICENSOR and LICENSEE have previously entered into a Parking License Agreement dated January 27, 2009, a First Amendment to Parking License Agreement dated October 7, 2011, and a Second Amendment to Parking License Agreement dated January 28th, 2014, which are attached hereto and made a part hereof this Third Amendment to Parking License Agreement; and WHEREAS, the LICENSOR and LICENSEE are desirous of amending the Parking License Agreement to extend the term and provide for rent during the extended term; and NOW THEREFORE, in order to continue Licensee's use of the Licensed Premises, the parties agree as follows: 1. The following provision shall be added to item 3 of the Agreement. This License Agreement is hereby extended until October 31, 2017. The LICENSSE and LICENSOR shall have the right to terminate this Parking License Agreement at any time by providing thirty (30) days prior written notice of such termination to the other party at the address set forth in item, 3 below. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid or by any overnight mail service. 2. The following provision shall be added to item 2 of the Agreement: The monthly rent beginning November 1, 2015 through October 31, 2017, shall be $600. The monthly rent shall be made payable and mailed to Vanderbilt Real Estate Holdings, LTD., c/o G.L.C. Enterprises, Inc. 150 South 5th Street, Suite 1360, Minneapolis, MN 55402 4166. Monthly rent is due at the aforementioned address by the first day of each month. Insurance: LICENSEE will, at its expense, maintain the following insurance coverage at least at the minimum limits set forth below: General Liability: $1,000,000.00 Each Occurrence $2,000,000.00 Aggregate Workers Compensation: $100,000.00 Each Accident $100,000.00 Each Disease /Each Employee $500,000.00 Policy Limit LICENSEE shall list Vanderbilt Real Estate Holdings, LTD. and G.L.C. Enterprises, Inc. (Property Management) as Additional Insureds for General Liability purposes. LICENSEE'S foregoing insurance shall be primary related to its use of the Licensed Premises, and LICENSEE shall provide LICENSOR with appropriate certificates evidencing such coverage. Packet Page -981- b� 10/13/2015 16.D.4. LICENSEE waives all rights against LICENSOR and any of its agents and employees for damages caused by any occurrence to the extent covered by any of the LICENSEE'S insurance. LICENSEE'S insurance policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. 3. Notices to the parties: To LICENSOR: Vanderbilt Real Estate Holdings, LTD. c/o G.L.C. Enterprises, Inc. 150 South 5`h Street, Suite 1360 Minneapolis, MN 55402 4166 To LICENSEE: Board of County Commissioners c/o Real Property Management/Leasing Agent 3335 East Tamiami Trail, Suite 101 Naples, Florida 34112 4. Except as expressly provided herein, the 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. IN WITNESS WHEREOF, the LICENSOR and LICENSEE have hereto executed this Third Amendment to Parking License Agreement the day and year first above written. AS TO THE LICENSEE: BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk TIM NANCE, Chairman AS TO THE LICENSOR: VANDERBILT REAL ESTATE HOLDINGS, LTD. DATED: BY: Witness (Signature) (Print Name) Witness (Signature) (Print Name) Approved as to form and legality: President of Vanderbilt Enterprises, Inc., General Partner for Vanderbilt Real Estate Holdings, LTD. Jennifer A. Belpedio, Assistant County Attorney Packet Page -982- F] 0 .J This instrument was prepared WITHOUT EXAMINATION OF TITLE, by: Timothy G. Hains, Esquire QUARLES & BRADY LLP 1395 Panther Lane, Suite 300 Naples, Florida 34109 $ 18.50 recording $ -10- doe stamps 10/13/2015 16.D.4. 3987170 OR; 4197 PG; 0880 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, 71 03/14/2007 at 01:39PK DWIGRT E. BROCK, CLERK REC FEB 18.50 DOC-.70 .70 Retn: QUARLES & BRADY 1395 PANTHER LANE 1300 NAPLES FL 34109 SPECIAL WARRANTY DEED THIS DEED, is made this '- duo. ftS-U-14-e , 2007, between VANDERBILT PROPERTIES, INC., A WISCONS I J tor, w hose post office address is: c/o GLC Enterprises, Inc., 15 $p �.� Street, ��9,0��Q,�Minneapolis, MN 55402, and VANDERBILT REAL ESTATE H� (DINGS, LTD., A FLORiI'� LIMITED PARTNERSHIP, Grantee, whose post office adflres/S isG�LO Enter 'ses, Iii ., South 5th Street, Suite 900, Minneapolis, MN 55402. The grantor, in cons der tion o t e j u o en . a I ($ i 0.00), and other good and valuable considerations par c ``thle -1 ee tv�the gr ot�, " eceipt of which is hereby acknowledged, hereby granl ams, sells, aliens; mi es, ,ale es and conveys to grantee, the following described real pro', in Collier Countlo \fir Lots 33 through 38, Bloc 1- is 1 throw 1' °Block C Vanderbilt Beach Center, as per plat thereof rec do i ' Plat -1 (&k =3, page 16, Public Records of Collier County, Florida. Property ID #S 79121360003 (33 -B); 79121400002 (34 -B); 79121440004 (35 -B); 79121480006 (36 -B); 79121520005 (37 -B); 79121560007 (38 -B); 79121600006 ( 1 -C); 79121640008 ( 2-C);79121680000( 3 -C); 79121720009 ( 4 -C); 79121760001 ( 5 -C); 79121800000 ( 6 -C); 79121840002 ( 7 -C); 79121880004 ( 8 -C); 79121920003 ( 9 -C); 79121960005 (10 -C); 79122000003 (11 -C); 79122040005 (12 -C); 79122080007 (13 -C); 79122120006 (14 -C); 79122160008 (15 -C); 79122200007 (16 -C); 79122240009 (17 -C); 79122280001 (18 -C); TO HAVE AND TO HOLD, the same in fee simple forever. GRANTOR fully warrants title to said land and will defend the same against the lawful claims of all persons, claiming by, through or under said Grantor, but against none other, except that this deed is subject to the following: QBNAP1534093. } Packet Page -983- 10/13/2015 16. DA OR; 4197 PG: 0881 x*x 1. Real property ad valorem taxes and assessments for the current and subsequent years; 2. Zoning, building code and other use restrictions imposed by governmental authority; 3. Outstanding oil, gas and mineral interests of record, if any; and 4. Restrictions, reservations and easements common to the subdivision. IN WITNESS WHEREOF, the said Grantor has caused these presence to be signed in its name the day and year first above written. Witnesses: VANDERBILT PROPERTIES, INC., a Wisconsin A4corporation tness #I Ka1uAk: of, tN1 P ' Name of Witness #1 .- President itn ss #2 L Qro- Print Name of Witriels 42 V, STATE OF MINNESOTA�� i g. COUNTY OF HENNEPIN�, ' The foregoing instru �.n� was acknowlei#ge !i'q me this �� day of M/1, J, , 2 ui � Waters, Jr., as Prestden ,bf Vanderbilt Properties, Inc., a Wisconsin corporation, on behalf %(lie : oration. -- _. is personally known to me or (�} has produced - :i�y�,I.- `J-' as identification. (SEAL) Notary Public: / My Commission Expires: THOMAS a SHANNON NOtar "'1b4c- Minnesota My Ce:•u Etrires Jan 31.'2(19 Q$NAP\534093.1 Packet Page -984- a] 10/13/2015 16.D.4. PARKING LICENSE AGREEMENT r THIS LICENSE AGREEMENT ( "Agreement "), made and entered Into this day of tLw 2009, by and between Vanderbilt Real Estate Holdings. LTD whose address or principal place of business is 15 South 5to Street #900, Minneapolis, Minnesota 55402 hereinafter referred to as "Licensor ", and Collier County a political subdivision of the state of Florida whose address or principal place of business Is 3301 Tamiami Trial East Naples, FL 34112 hereinafter referred to as "Licensee ". In consideration of the mutual promises hereunder, the parties agree as follows: 1. Licensor hereby grants Licensee a non - exclusive license to park its vehicle(s) In the parking area delineated on the site plan attached hereto and made a part hereof as Exhibit "A" ( "Licensed Premises "). Only a license to park is granted hereby, No baliment is created. 2. For the first year of Licensee's use of the Licensed Premises, licensee agrees to pay Licensor a monthly license fee In the amount of $500.00. The monthly license fee will increase to $525.00 per month in the second year of this agreement and $550.00 In the third year of this agreement. Monthly license fees are to be mailed to Welsh Companies FL, Inc. 2400 911 Street North #101, Naples, FL 34103. Monthly license fees are due the first of each month. Failure to pay license fee by the 5th day of each month shall result in a penalty charge of $15.00 per day. This Agreement shall commence on the 1� day of Nvember, 2008 and terminate on the 3s1 tt day of October, 2011. Either party may terminate this Agreement after the first 12 months of the initial term with thirty (30) days prior written notice. if the term herein commences on a day other than the first day of a calendar month, Licensee shalt pay to Licensor the prorated fee for the number of days that exist prior to the first day of the succeeding month with a similar adjustment being made at the termination of this Agreement. Should Licensee utilize the Licensed Premises after the termination date without the benefit of a fully- executed and current Agreement it shall be deemed to be a license from month to month at the monthly license fee specified in section 2, subject to all of the other terms of this Agreement. 4. Notices shall be sent by U.S. registered or certified mail, return receipt requested, and shall be deemed effective upon posting in the U.S. mail depository with sufficient postage attached thereto. Notices shall be sent to the following addresses: Licensor: g�o Welsh Companies FL, Inc. 2400 gth Street North #101 Naples FL 34103 Page t of 4 Licensee: Board of County Commissioners clo Real Estate Services 3301 Tamiami Trial East Admin. Building_ Naples, FL 34112 Packet Page -985- - 10/13/2015 16.D.4. 5. Licensee shall, unless specified herein to the contrary, maintain the Licensed Premises in good repair during the term of this Agreement. Licensee shall keep the Licensed Premises free from obstructions and shall not impede access to the Licensed Premises. 6. Licensor warrants and represents to be the owner of, or the authorized representative or agent of the owner of, the Licensed Premises with full power and authority to execute this Agreement. 7. The laws of the State of Florida and rules and regulations Issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Agreement. Any provision of this Agreement, whether or not Incorporated herein by reference, which provides for arbitration by any extra - judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other provision In whole or in part shall be valid or enforceable or available to any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that this Agreement is capable of execution. 8. If the Licensed Premises shall be taken by right of eminent domain, In whole or in part, then this Agreement, at the option of either party, shall forthwith cease and terminate and the license fee shall be properly apportioned to the date of such taking. j 9. In the event the Licensed Premises are rendered unfit for Licensee's purposes by fire or other casualty, this Agreement will immediately terminate and no license fee shall accrue to Licensor from the date of such fire or casualty. In the event the Licensed Premises are damaged by fire or other casualty so that there is partial destruction of the Licensed Premises or such damage as to render the Licensed Premises partially unfit for Licensee's purposes, either party may, within five (5) days of such occurrence, terminate this Agreement by giving written notice to the other party. Such termination shall be effective not less than fifteen (15) days from the date of mailing of the notice. License fees shall be apportioned to the effective date of termination. 10. This Agreement, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any foroe or effect unless embodied in a written executed contract. 11. Licensee understands and agrees that Licensor cannot guarantee the safety of vehicles on the premises and also agrees that he or she will hold Licensor blameless in the event of damage to, theft from or theft of any vehicles. Amik Rp Page 2 of 4 Packet Page -986- 10/13/2015 16.D.4. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Dated: / - -2 7 0 5 Attest DWi T`t't#'ROCK, Clerk ep,itty`Cleii('= .y i hiesr° LICENSOR: Vanderbilt Real Estate Holdings, LP By: Prim „;*"'ON: 'U0&0 4 Title: 4.�:. L3a' 'k Date: LICENSEE: Board of County COMMissioners, Collier County Florida ., By: l DONNA FIALA, CHAIRMAN Approved a to form and legal sufficiency: ,P Jen , Beipe i Assistant County Attorney Page 3 of 4 Packet Page -987 - 10/13/2015 16.D.4 October 27, 2011 Gail D. Hambright, Accountant Coastal Zone Management Collier County Government 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 Dear Gail, Beginning July 1, 2011, GLC Property Management took over management of the Licenced Premises indicated on the attached "Exhibit A ". Monthly rent payments for said Premises from August through October should still be made out to VANDERBILT REAL ESTATE HOLDINGS, LP but now mailed to our address at 15 South Fifth Street, Suite 910, Minneapolis, MN 55402. If you have any further questions or concerns, please do not hesitate to call. Best regards, (�7 �' 4&-4— Amy E. Ketterer Property Manager Packet Page -988- Exhibit "A" "Licensed Premises" N'.anMU,T BC'H CENTER ELK c LOT i PARCEL - ,� 71? 10OW6 0.11 ACRES tll' ljw,.Xt I 235 Vow inbOtBexchlOad 10/13/2016 16.D.4.1 15 South 5}1 Street, Suite 910 Minneapolis, MN 55402 P; 612.436.3647 F: 612.359.8994 www,glcpropertymanagement.c om Packet Page -989- N 10/13/2015 16.D.4 Lease #CZM 100 FIRST AMENDMENT TO PARKING LICENSE AGREEMENT THIS FIRST AMENDMENT TO PARKING LICENSE AGREEMENT entered into this =day of L 7zr e , 2011 at Naples, Collier County, Florida, by and between VANDERBILT REAL ESTATE HOLDINGS, LP, whose mailing address is 15 South Sib Street, Suite 900, Minneapolis, Minnesota 55402, hereinafter referred to as "LICENSOR ", and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112, hereinafter referred to as "LICENSEE ". W1TNESSETH WHEREAS, LICENSOR and LICENSEE have previously entered into a Parking License Agreement dated January 27, 2009, which is attached hereto and made a part hereof this First Amendment to Parking License .Agreement; WHEREAS, the LICENSOR and LICENSEE are desirous of amending the Parking License Agreement; and NOW THEREFORE, in consideration of the covenants and agreements provided within said Parking License Agreement dated January 27, 2009, hereinafter referred to as "Agreement ", and Ten Dollars ($10,00) and other valuable consideration, is hereby amended as follows: The following provision shall be added to item 3 of the Agreement This Agreement is hereby extended until October 31, 2012. LICENSEE shall have the option to extend the Agreement for an additional one (1) year following the October 31, 2012 expiration date by providing LICENSOR with thirty (30) days prior written notice of LICENSEE'S intention to renew at the address set forth in item3 below. The LICENSSE and LESSOR shall have the right to terminate this Agreement at any time by providing thirty (30) days prior written notice of such termination to the other party at the address set forth in item 3 below. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail, Postage Prepaid or by any overnight mail service. 2. The following provision shall be added to item 2 of the Agreement: The monthly rent beginning November 1, 201 t shall be $575.00 for the first full year of the renewal term. Monthly rent shall be mailed to Vanderbilt Real Estate Holding, LP, 15 South 5th Street, Suite 910, Minneapolis, MN 55402. Monthly rent is due at the aforementioned address by the first day of each month. Failure to pay said rent by the 4`1' day of each month shall result in a penalty charge of $20 per day, staring retro to the fired day of the month. 3. Notices to the parties: To LICENSOR: To LICENSEE: Vanderbilt Real Estate Holdings, LP Board of County Commissioners 15 South 5`h Street, Suite 910 c/o Real Property Management/Leasing Agent Minneapolis, MN 55402 3335 EastTamiami Trail, Suite 101 Naples, Florida 34112 Packet Page -990- 10/13/2015 16. D.4. 4. Except as expressly provided herein, the Parking License Agreement between Vanderbilt Real Estate .Holdings, LP, and Collier County, a political subdivision of the State of Florida, dated January 27, 2009 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. IN WITNESS WHEREOF, the LICENSOR and LICENSEE have hereto executed this First Amendment to Parking License Agreement the day and year first above written. AS TO THE, LICENSEE: "Vr(IG)j. ,.','B4OC,K, Clerk Y. O.C. AS T -THE LICENSOR: DATED: /p - 7- Il WAWess (Signature) (Print Name) Witness {Signature) (?nrr.46C R-' burrraowroK (Print Name) Approved as to form and legal sufficiency: ite, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLL,IFR COUNTY, FLORIDA BY: L'j . FRED W. COYLE, Chairman VANDERBILT REAL STATE HOLDINGS, LP BY: GARY M. JONE , - reasurer Vanderbilt Enterprises, Inc., General Manager for Vanderbilt Real Estate Holdings, LP n,...I,..� n- nnl 10/13/2015 16. D.4. October 27, 2011 Gail D. Hambright, Accountant Coastal Zone Management Collier County Government 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 Dear Gail, Beginning July 1, 2011, GLC Property Management took over management of the Licenced Premises indicated on the attached "Exhibit A ". Monthly rent payments for said Premises from August through October should stiil be made out to VANDERBILT REAL ESTATE HOLDINGS, LP but now mailed to our address at 15 South Fifth Street, Suite 910, Minneapolis, MN 55402. If you have any further questions or concerns, please do not hesitate to call. Best regards, Amy E. Ketterer Property Manager Packet Page -992- 10/13/2015 16.D.4. Lease 9CZM 100 SECOND ANM NTYMEN'r ,vo P.ARKING LICENSE AGREFN -ITN'f 7.,t THIS SECOND AMENDMENT i'O PARKING LICENSE AGREEMFNT entered into this '12— day of L� r4_L \ 20l� at Naples, Collier CountN, Florida, by and between VANDERBILT REAL ESTk E HOLDINGS, LP, whose mailing address is 15 South 5 °i Street. Suite 900. Nlinneapolis. Minnesota 55402, hereinafter referred to as "LICENSOR". and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, whose mailing address is 3335 East Taaniami Trail. Suite 101. Naples, Florida 34112. hereinafter referred to as "LICENSEE ". WITNESSETH 1VIiERF.AS. 1.lCFN5',OR and LICENSEE have previousiy entered into a Parking License Agreement dated January 27, 2009, and a Fast Amendment to narking License Ag',reement dated October 7, 2011, which are attached hereto and made a part hereof this Second Amendment tai Parkins; License .Agreement. WHEREAS, the LICENSOR and LICENSEE are desirous of amending the Parking License Agreement to emend the term and provide for rent during the extended teen; and NOW THEREFORE, in order to continue Licensee's use of the Licensed Premises, the parties aeree as follows: 1. If this Lease is not terminated or expired by October 31, 2013, this Lease shall automatically renew for two (2) additional terms of one (1) year each. The LICENSSE and LESSOR shall have the right to terminate this Agreement at any time by providing thirty (30) days prior written notice of such tennination to the other party at the address set forth in item 3 below. Said notice period shall be effective upon placement of the written notice in an official depository of the United States Post Office, Registered or Certified Mail. Postage Prepaid or by any overnight mail service. 2. The following provision shall be added to item 2 of the Agreement: The monthly rent besinning Novcmher 1. 2013 throu,h October 31. 2015, shall be x;575. The monthIv rent shall be made payable and mailed to Vanderbilt Real Estate Holdings, LP, 15 South 5 °i Street, Suite 930, Minneapnlis. MN 55402. Ivlonth1v rent is due at the aforementioned address by the first day of each month. 3. Notices to the parties: To LICENSOR: Vanderbilt Real Estate Holdings. LP t 15 South 5'r' Street. Suite 444 rn hfinneapolis, %MN -.53 -102 To 1.10E N'S EE: l3nard of County Commissioners c/o Real Property INlanagement %Leasing Agent 3335 East Taminnai Trail. Suite 101 Naplcs, Florida 34 f 12 Packet Page -993- 0 10/13/2015 16.D.4. 4, except as expressly provided herein, the A-reett em and tho }First Amendment MN%cen Vanderbilt Real Estate Holdings, E.P. and Collier Comity. a polideal subdivision of the State of Florida, remain in full (oree and etlect according to the terms and conditions contained therein. and said terms and conatttons are ,applicable hereto except as expressly provided othert�ise herein. IN W11 -NESS WHEREOF. the LICENSOR and LWEINSEE have hereto etecuted this Second Amendment to Parking License Aureement the day and year first above mitten. AS TO 1`HE- LICENSEE: :ATTEST: DWIGHT E. B.R4CE X-1'trrk D putt~.Cl k...'— Attestt - - to airman. signature only,. AS TO THE LICENSOR: i, (Prim Name) Witness (91gllawl -e) Print Name Approved as to farm and leealitN.: Jenrtitcr r1. E3elpe�fio. ,•assist t Cotrrtt} ittttrtrner BOARD 017 COUNTY COX-11MISSIONERS. COLLIER CC? NTl', h ORIDA E3'4'�.�a f��± _ '# OM HENNrrtr, C'ii "RMAN .ti VANDERBILT REAL ESTATE HOLDINGS, LP President or Vice president of Vanderbilt Enterprises, Inc., Gerieral Manager for Vanderbilt Real Estate Holdings, LP 7 Packet Page -994- ,Male of Florida COUnly at COLLIER I HEREBY �ERTIEY THAT this is a true and correct copy of a document on five in Bowl Ra6ords of Collier County SS my d and official seal this J DlMG E' IIT E e.-ROCK, GLE KO, C4LiRTs , Rcl.....__� r� J` ` YY j /-IN, Exhibit "A" "Licensed Premises" es ti :3M1 RHii T BC`Fi CIENTER BL% C' LOT ! ?39 V-ndet 1,01 l3e;teb Road PARCEL I "9.1.? 1600006 0.11?.CRES j Aage 4 of 4 Packet Page -995- 10/13/2015 16.D.4. 0 cam= ti :3M1 RHii T BC`Fi CIENTER BL% C' LOT ! ?39 V-ndet 1,01 l3e;teb Road PARCEL I "9.1.? 1600006 0.11?.CRES j Aage 4 of 4 Packet Page -995- 10/13/2015 16.D.4. 0 \ ƒ��\ » %� ® C { ^ lot \may <? y %«: ._* . . ININIFF � 2 \% 10/13/2015 16.[)A tier colinty, Public ' Division / ww|� ������ U�(S0O L-zUb!ic; Transit & Neighborhood Enhancement To: Gary McAlpin, Coastal Management Programs Manger From: Michelle Arnold, PTNE Director [c: Michael Dowling, Senior Property Management Specialist Harry Sells, MSTU Project Manager Clint Perryman, Coastal Zone Project Manager Date: November 21, 2014 Subject: Storage Lot Lease Assumption Please accept this memorandum as my formal agreement to assume the attached Lease #CzM 100 for open air storage space on the Corner of Vanderbilt Beach Road and Gulf Shore Court effective December 1'2O14. Harry Sells, K8STU Project manager, will assume all responsibilities for the space including contact with the owners. |tismY understanding that you will bg responsible for the lease payment through November 30, 2014. Mr. Sells will coordinate with your staff, Clint Perryman, regarding any required equipment/material removal if necessary. Please sign below as an indication of your agreement. Michelle Arnold, Director Public Transit & Neighborhood Enhancement Coastal Zone Management � ��l������^���'i�|�Sx�1�^N��F���11�4B^���'F���~���� Packet Page -997- 10/13/2015 16.D.4. Collier County Property Appraiser Property Summary Parcel No. 79121600006 Site Adr. 239 VANDERBILT BEAC RD Name / Address VANDERBILT REAL EST HOLD LTD C/O GLC ENTERPRISES FIFTH STREET TOWERS 150 SOUTH FIFTH ST #1360 Latest Sales History 2015 Preliminary Tax Roll (Not all Sales are listed due to Confidentiality) (Subject to Change) r - _.._ Date ; Book -Page Amount Land Value $ 71,850 03/14/07 j 4197 -880 $ 0 ! +} Improved Value $ 0 03/27/98 2402 -1799 $ 2,000,000 Market Value -- - $ 71,sso 01/06/97 2269 -4 $ 0 - _.... 06/01/82 975 -674 $ 0 { -) Assessed Value $ 71,850 W {_) School Taxable Value $71,850, (_) Taxable Value $ 71,850 If all Values shown above equal 0 this parcel was created after the Final Tax (toll Packet Page -998 - http: / /www.collierappraiser.com/Main Search /RecordDetail.html ?FoliolD= 79121600006 9/15/2015 G 10/13/2015 16.D.4. C01-1-I -1 OP ID: MG '4C�Ra CERTIFICATE OF LIABILITY INSURANCE `64.� DATE(MMIDDIYYYY) r 09/15/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance and Risk Management Services, Inc. 8950 Fontana Del Sol Way #200 Naples, FL 34109 -4374 William H. Kuhlman, CPCU, ARM NNAME: William H. Kuhlman, CPCU, ARM PHONE FAA ON Ext :239 -649 -1444 JAIC, No): 239-649-7933 ADDRESS: INSURERS AFFORDING COVERAGE NAIC p INSURER A: Princeton Excess & Surplus 10786 INSURED Collier County Government INSURER B: Midwest Employers Casualty Co 23612 INSURER C: Underwriters at Lloyds 048946 Risk Management Department 3311 Tamiami Trail East, #D Naples, FL 34112 INSURER D 64A3EX000001512 1010112015 10/0112016 INSURER E: PREMISES Ea occurrence INSURER F: A Professional Liab rnvr =owncc CERTIFICATE NUMBER' REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE 13EEN REDUCED BY PAID CLAIMS. LT R LTR TYPE OF INSURANCE POLICY NUMBER POLICY DDIIYYYY MMIIDD EXP LIMITS A X COMMERCIAL GENERAL UA13MM EACH OCCURRENCE $ 5,000,00 CLAIMS -MADE OCCUR X 64A3EX000001512 1010112015 10/0112016 PREMISES Ea occurrence $ Include A Professional Liab SIR $300,000 PER OCC 10/01/2015 10/01/2016 X MED EXP (Any one person) $ 1,00 PERSONAL & ADV INJURY $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 6,000,00 PRODUCTS - COMP /OPAGG $ 5,000,00 POLICY a IRI- 0 LOC JECT OTHER: Prof. $ 5,000,00 AUTOMOBILE LIABILITY EOMBI deDnISINGLE LIMIT $ 6,000,000 BODILY INJURY {Per person) $ + ANY AUTO 64A3EX000001512 10!0112015 10/01/2016 BODILYINJURY(Peracddent) $ ALL OWNED SCHEDULED AUTOS HIRTED AUTOS NON' -OWNED X IXXSIRPEROC 300,000 PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAR CLAIMS -MADE DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE YF EWC009061 10/01/2015 10101/2016 X STATUTE EORH _ EL. EACH ACCIDENT $ 3,000,000 E.L. DISEASE - EA EMPLOYEE $ 3:000,00 (Mandatory In NH) EXCLUDED? (Mandatary In NH) It yes, describe under DESCRIPTION OF OPERATIONS below JA SIR $600,000 E.L DISEASE - POLICY LIMIT $ 3,000,00 C Property N16NA03460 04/01/2015 04101/2016 Primary 25,000,000 5% Wind & Hail Ded REPLACEMENT COST /SPECIAL AOP Ded. 50,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Self Insured Retention included within limits of liability. Nothing in this certificate shall constitute a waiver of the sovereign immunity provision of the Florida Statute 768.28. RE: Vanderbilt Lot. Certificate holder is Additional Insured with respects to General Liability. Vanderbilt Real Estate Holdings, Ltd. c/o George Vukobratovich 15 S. 5th Suite #900 Minneapolis, MN 55402 VANDER3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Packet Page -999- 10/13/2015 16.D.4. COLLI -1 OP ID: MG 'A 'Q- CERTIFICATE OF LIABILITY INSURANCE I D 0911512016 0 911 512 01 5 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Insurance and Risk Management Services, Inc. NAME: William H. Kuhlman, CPCU, ARM PHONE 239- 649 -1444 Alc No): 239- 649 -7933 Arc No Ext: E -MAIL. ADDRESS: 8950 Fontana Del Sol Way #200 Naples, FL 34109-4374 William H. Kuhlman, CPCU, ARM INSURERS AFFORDING COVERAGE NAIC# INSURER A: Princeton Excess & Surplus 10786 10101/2015 INSURED Collier County Government INSURER B: Midwest Employers Casual Co 23612 Risk Management Department 3311 Tamiami Trail East, #D INSURER c: Underwriters at Lloyds 048946 X MEDEXP (Any one person) Naples, FL 34112 INSURER D: Professional Llab INSURER E: SIR $30D,000 PER OCC INSURER F: 10/0112016 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AD DL B POLICY NUMBER POLICYEFF MMIDDNYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F OCCUR X 64A3EX000001512 10101/2015 10/0112016 EACH OCCURRENCE $ 5,000,000 PREMISES Ea RENTED occurrence) $ Included X MEDEXP (Any one person) $ 1,00 A Professional Llab SIR $30D,000 PER OCC 10/0112015 10/0112016 PERSONAL &ADV INJURY $ 5,000,000 AGGREGATE LIMIT APPLIES PER: POLICY JEROT F LOC GENERALAGGREGATE $ 6,000,000 GENL PRODUCTS - COMPIOPAGG $ 5,000,000 Prof. $ 5,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) $ 5,000,000 A X ANY AUTO 64A3EXOOOOO1512 10/01/2015 10/01/2016 BODILY INJURY (Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY Per accident) ( ) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ X SIR PER OC 300,000 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRiETORIPARTNERIEXECUTIVE OFFICEFUMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA EWC009061 SIR $600,000 10/01/2015 10/01/2016 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 3,000,000 E.L DISEASE- EA EMPLOYEE $ 3,000,000 E.L. DISEASE- POLICY LIMIT 1 $ 3,000,000 C Property NISNA03450 04/01/2015 04/0112016 Primary 25,000 :000 5% Wind & Hail Ded REPLACEMENT COSTISPECIAL AOP Ded. 50,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 11 more space Is required) Self Insured Retention included within limits of liability. Nothing in this certificate shall constitute a waiver of the sovereign immunity provision of the Florida Statute 768.28. Vanderbilt Real Estate Holdings, LTD and G.L.0 Enterprises, Inc. (Property Management) are listed as Additional Insured as respects General Liability. VANDER3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Vanderbilt Rea! Estate THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Holdings, Ltd. C/O G.L.C. Enterprises, Inc. AUTHORIZED REPRESENTATIVE 150th South 5th St, Ste 1360 Minneapolis, MN 55402 O 1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD Packet Page -1000-