Agenda 05/13/2013 Item #16E 35/14/2013 16.E.3.
EXECUTIVE SUMMARY
Recommendation to approve a License Agreement with Naples Seventh -Day
Adventist Church for use of parking spaces for the public to access the Rich
King Greenway.
OBJECTIVE: A License Agreement is required to secure parking spaces for
members of the public to use when accessing the Rich King Greenway.
CONSIDERATIONS: The Naples Seventh -Day Adventist Church ( "Church ") located
at 5050 Davis Boulevard has agreed to allow the County use of four parking spaces in
order for the public to access the Rich King Greenway from the Davis Boulevard
location. The Rich King Greenway is a three mile path along the FPL corridor
easement in East Naples that was designed for walkers, joggers, cyclists and in -line
skaters. The path extends from Radio Road to Rattlesnake Hammock Road and is
managed and maintained by the Parks and Recreation Department.
The attached License Agreement (`Agreement') provides for a ten year term with one,
ten year automatic renewal. The Agreement contains a provision for either party to
terminate the lease, at any time, by providing the other party with thirty -day advanced
written notice. The Church has offered the four unreserved parking space to the
County without charging annual rent.
The attached Agreement has been reviewed by the Parks and Recreation Department
and by the Office of the County Attorney for legal sufficiency.
FISCAL IMPACT: There is no fiscal impact related to this Agreement.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan.
LEGAL CONSIDERATIONS: The attached License Agreement has been reviewed
and approved by the Office of the County Attorney for legal sufficiency. — JAK
RECOMMENDATION: That the Board of County Commissioners approves the
attached License Agreement with Naples Seventh -Day Adventist Church, and
authorizes its Chairwoman to execute same.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real
Property Management, Facilities Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.E.16.E.3.
Item Summary: Recommendation to approve a License Agreement with Naples Seventh -
Day Adventist Church for use of parking spaces for the public to access the Rich King Greenway.
Meeting Date: 5/14/2013
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior,Facilities
4/11/2013 12:35:55 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
4/11/2013 12:35:57 PM
Approved By
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 4/15/2013 10:59:09 AM
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 4/15/2013 2:00:11 PM
Name: MottToni
Title: Manager - Property Acquisition & Const M,Facilitie
Date: 4/16/2013 8:46:58 AM
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
Date: 4/16/2013 4:06:42 PM
Name: KlatzkowJeff
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Title: County Attorney
Date: 4/24/2013 3:10:25 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 5/2/2013 11:09:28 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/2/2013 2:06:15 PM
Name: PryorCheryl
Title: Management/ Budget Analyst, Senior,Office of Manag
Date: 5/2/2013 2:58:18 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 5/2/2013 3:18:29 PM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 5:07:32 PM
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5/14/2013 16.E.3.
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License PS -
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ( "License "), entered into this day of , 2013,
between NAPLES SEVENTH -DAY ADVENTIST CHURCH, a Florida Not - For -Profit Corporation,
whose mailine address is 5050 Davis Boulevard, Naples, Florida 34104 ('LICENSOR'), and COLLIER
COUNTY, a political subdivision of the State of Florida, whose mailing address is in care of Real
Property Management, 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112 (`LICENSEE').
WITNES SETH
In consideration of the mutual covenants contained herein the parties agree as follows:
ARTICLE 1. Demised Premises
LICENSOR hereby Licenses to LICENSEE and LICENSEE hereby Licenses from LICENSOR
four unreserved parking spaces located at 5050 Davis Boulevard, Naples, Florida, shown on Exhibit "A"
which is attached and made a part of this License, hereinafter referred to as the "Demised Premises," for
the sole purpose of vehicle parking spaces for public parking for LICENSEE'S invitees to access the
Rich King Greenway.
LICENSEE shall not be allowed to park any vehicles overnight.
LICENSEE covenants and agrees not to use, occupy, suffer or permit said'Demised Premises or
any part thereof to be used or occupied for any purpose other than the lawful parking of motor vehicles.
LICENSEE shall always refrain from any use of the Demised Premises that interferes with or
adversely affects the operation of LICENSOR'S activities at LICENSOR'S facilities.
ARTICLE 2. Term
LICENSEE shall have and hold the Demised Premises for a term of ten (10) years (`Initial
Term') to commence upon a date in which LICENSEE provides written notice to LICENSOR of
LICENSEE'S anticipated utilization of the Demised Premises.
This License shall automatically renew for an additional ten (10) years following the Initial
Term, provided LICENSEE is not in material default of any of the terms of this License, under the terms
and conditions as provided herein.
LICENSOR and LICENSEE can terminate this LICENSE at any time by giving the other parry at
least thirty (30) days advance written notice of the intent to terminate.
ARTICLE 3. Rent and Obligations of PARTIES
In the spirit of the community, LICENSOR will not require LICENSEE to provide rent for use of
the Demised Premises.
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ARTICLE 4. Modifications to Demised Premises
LICENSEE shall not be permitted to make any changes, alterations, additions or improvements
to the Demised Premises, nor shall LICENSEE be permitted to install any signage on the Demised
Premises unless so approved by LICENSOR.
ARTICLE 5. Access to Demised Premises
LICENSOR, its duly authorized agents, representatives and employees, shall have the right
without any notice to LICENSEE. to enter into and upon the Demised Premises or any part thereof at all
hours for the purpose of examining same and making repairs or improvements therein, and for the
purposes of inspection for compliance with provisions of this License.
ARTICLE 6. Assignmentand Subletting
LICENSEE shall not assign this License nor sublet the whole or any part thereof, nor permit any
other persons, other than another County agency, to use same for parking of motor vehicles or any other
use without the prior expressed written consent of LICENSOR to do so. Any such assignment or
subletting, even with the consent of LICENSOR, shall not relieve LICENSEE from its obligations under
this License.
ARTICLE 7. Indemnity and Insurance
The LICENSEE will, at all times, carry comprehensive general liability insurance in an amount
not less than the sum of One Hundred Thousand Dollars and 00/100 Cents ($100,000) single occurrence,
Two Hundred Thousand Dollars and 00/100 Cents ($200,000) aggregate. The cost of all such premiums
on all such policies shall be paid and bome by the LICENSEE.
ARTICLE 8. Maintenance
LICENSOR shall provide general maintenance to the Demised Premises.
ARTICLE 9. Default by LICENSEE
Failure of LICENSEE to comply with any provision or covenant of this License shall constitute a
default and LICENSOR may, at LICENSOR'S option, terminate this License after thirty (30) days
written notice to LICENSEE, unless the default can be cured within that notice period (or such
additional time as is reasonably required to correct such default).
ARTICLE 10. Default by LICENSOR
LICENSOR shall in no event be charged with default in the performance of any of its obligations
hereunder unless and until LICENSOR shall have failed to perform such obligations within sixty (60)
days (or such additional time as is reasonably required to correct such default) after written notice from
LICENSEE to LICENSOR properly specifying wherein LICENSOR has failed to perform any such
obligation(s).
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The failure of either parry to insist upon strict adherence to any single term of this License on one
or more occasions shall not be considered a waiver or deprive that parry of the right thereafter to insist
upon strict adherence to that term or any other term of this License.
ARTICLE 11. Notices
Any notice which LICENSOR or LICENSEE may be required to give to the other parry shall be
in writing to the other parry at the following addresses:
LICENSEE:
Collier County
c/o Real Property Management
3335 East Tamiami Trail, Suite 101
Naples, Florida 34112
cc: Parks and Recreation Director
ARTICLE 12. Left blank intentionally.
ARTICLE 13. General Provisions
LICENSOR:
Naples Seventh -Day Adventist Church
5050 Davis Boulevard
Naples, Florida 34104
LICENSEE understands that the police and la", enforcement security protection provided by law
enforcement agencies to the Demised Premises is limited to that provided to any other business or
agency situated in Collier County, and LICENSEE acknowledges that any special security measures
deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and
cost of LICENSEE and shall involve no cost or expense to LICENSOR.
ARTICLE 14. Left Blank intentionally.
ARTICLE 15. Effective Date
This License Agreement shall become effective upon execution by both LICENSOR and
LICENSEE.
ARTICLE 16. Governing Lawn
This License Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
ARTICLE 17. No Third Party Beneficiaries
This License does not create and shall not be construed as creating any rights enforceable by any
person not a party to this License.
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ARTICLE 18. Severabilily
If any provision of this License is determined invalid, unenforceable or illegal for any reason, the
remainder of this License shall remain in full force and effect, and if any provision is inapplicable to any
person or circumstance, it shall nevertheless remain applicable to all other person and circumstances. -
IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals.
AS TO THE LICENSEE:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
AS TO THE LICENSOR:
DATED:
ATTEST:
Corporate Secretary
form and legal sufficiency:
Jeffrey A 4" County Attorney
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
GEORGIA A. HILLER, ESQ., Chairwoman
FLORIDA CONFERENCE ASSSOCIATION OF
SEVENTH -DAY ADVENTISTS, a Florida Not -For-
Profit
Corporation
BY:
Director President
(print name)
4
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