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Agenda 09/10/2013 Item #16E21 9/10/2013 16.E.21 . EXECUTIVE SUMMARY Recommendation to approve a Second Amendment to Lease Agreement with Vanderbilt Beach Flotilla, Inc., for the continued use of County-owned property in order to operate a Coast Guard Auxiliary boating safety education and training center. OBJECTIVE: To secure an extended lease term for the continued use of County-owned property utilized by Vanderbilt Beach Flotilla Inc., for their boating safety education and training center. CONSIDERATIONS: Since 1992, Vanderbilt Beach Flotilla, Inc. (Flotilla) has leased space from Collier County for its boating safety and education training Center (Operation), which is located at the Cocohatchee River Park in North Naples (Marina). At this time, an extension to the lease term is required to continue the Flotilla's Operation at this location. Item 1 on the attached Second Amendment to Lease Agreement (Amendment) allows for the Flotilla to continue its Operation at the Marina for an additional term of thirty years. Under item 2 of the Amendment, a provision has been added to make the parties aware that the Flotilla, along with the County, will share in the cost of any maintenance, repair or replacement of the Common Areas pertaining to the original Lease. The attached Amendment has been reviewed by the Parks and Recreation Department and by the Office of the County Attorney for legality. FISCAL IMPACT: The annual rent of One Dollar shall be deposited into General Fund (001), Beach and Water Park Operations (156363). GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. — JAK RECOMMENDATION: That the Board of County Commissioners approves the attached Second Amendment to Lease Agreement with Vanderbilt Beach Flotilla, Inc. and authorizes its Chairwoman to execute same. PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property Management, Facilities Management Department Packet Page -1718- 9/10/2013 16.E.21 . COLLIER COUNTY Board of County Commissioners Item Number: 16.16.E.16.E.21. Item Summary: Recommendation to approve a Second Amendment to Lease Agreement with Vanderbilt Beach Flotilla, Inc., for the continued use of County-owned property in order to operate a Coast Guard Auxiliary boating safety education and training center. Meeting Date: 9/10/2013 Prepared By Name: DowlingMichael Title: Property Management Specialist, Senior,Facilities 8/22/2013 3:32:46 PM Approved By Name: CampSkip Title: Director-Facilities Management,Facilities Manage Date: 8/27/2013 1:13:47 PM Name: pochopinpat Title: Administrative Assistant,Facilities Management Date: 8/27/2013 4:23:37 PM Name: BetancurNatali Title: Operations Analys,Parks &Rec-NCRP Admin Date: 8/28/2013 2:30:59 PM Name: KlatzkowJeff Title: County Attorney Date: 8/28/2013 2:49:21 PM Name: PriceLen Title: Administrator, Administrative Services Date: 8/29/2013 10:02:12 AM Name: KlatzkowJeff Title: County Attorney Date: 8/29/2013 10:26:50 AM Packet Page -1719- 9/10/2013 16.E.21 . Name: KlatzkowJeff Title: County Attorney Date: 8/29/2013 10:56:43 AM Name: PryorCheryl Title: Management/Budget Analyst, Senior,Office of Manag Date: 8/29/2013 12:50:52 PM Name: OchsLeo Title: County Manager Date: 8/29/2013 5:22:19 PM Packet Page -1720- 9/10/2013 16.E.21. SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN COLLIER COUNTY AND VANDERBILT BEACH FLOTILLA,INC. THIS SECOND AMENDMENT to the Lease Agreement is entered into this day of , 2013, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "LESSOR" and Vanderbilt Beach Flotilla, Inc., a not- for-profit Florida corporation, hereinafter referred to as"LESSEE." WHEREAS, on November 10, 1992, the LESSOR and LESSEE entered into a lease agreement for office space, a radio room, and a storage room at 13531 Vanderbilt Drive,Naples, Florida, for the purpose of operating a United States Coast Guard Auxiliary educational/training center. A copy of the lease agreement, together with the First Amendment to Lease Agreement dated January 25, 2000, are attached hereto and hereinafter collectively referred to as the "Lease Agreement;"and WHEREAS, the parties wish to amend the Lease Agreement to provide for cost sharing as it relates to the Common Areas and to extend the lease term to June 15,2043. NOW, THEREFORE, in consideration of the mutual promises and for other good and valuable consideration,the receipt and sufficiency of which are acknowledged by the parties,it is agreed that: 1. The term of the Lease Agreement is hereby extended to June 15, 2043. 2. Article 2 of the Lease Agreement, entitled "Common Areas," is hereby amended by adding the following provision: LESSEE will share with LESSOR the cost of any maintenance, repair or replacement of the Common Areas. 3. Except as expressly provided herein, the Lease Agreement, as amended, remains in full force and effect according to the terms and conditions contained therein. v ----Packet Page -1721- 9/10/2013 16.E.21 . IN WITNESS WHEREOF, the LESSOR and LESSEE have executed this Second Amendment to the Lease Agreement as of the date first written above. AS TO LESSOR: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: ,Deputy Clerk GEORGIA A. HILLER, ESQ. CHAIRWOMAN AS TO LESSEE: WITNESSES: VANDERBILT BEACH FLOTILLA, INC. By: Print Name: (Print name and title) Print Name: Appr• legality: Jeffrey .6 ow Coun Verney • 2 Packet Page -1722-