Agenda 11/13/2012 Item #11J11/13/2012 Item 11.J.
EXECUTIVE SUMMARY
Recommendation to approve and execute an Improvement to Parking Area Agreement
with Naples Zoo, Inc., related to the cost sharing for the entrance and parking
improvements at the Naples Zoo with the County's share to be fifty percent of the final
certified construction cost, currently estimated at $2,600,000.
OBJECTIVE: In order for the Naples Zoo, Inc. ('Zoo') and Collier County ('County') to proceed
with the redevelopment of the entrance to the Naples Zoo and the unpaved portion of the
parking area, an agreement is required to establish each party's obligation.
CONSIDERATION: In connection with the County's Gordon River Greenway Park Project, the
County will be constructing a driveway beginning at the signalized access on Goodlette Road at
the Zoo entrance, running south on the County's property along Goodlette Road to the grassed
area now used for overflow Zoo parking (`Improvements'). Pursuant to the approval from the
Board of County Commissioners at the July 24, 2012, meeting, under Item 11 A, the County and
the Zoo are proceeding with the redevelopment of the main entrance from Goodlette Road.
The attached Improvement to Parking Area Agreement (`Agreement') addresses the County's
intention to pay the upfront cost of the Improvements, which are estimated to be approximately
$2.6 million, but will be shared equally by both parties. The Zoo will pay the County its share of
the project cost in five payments over five years. The Zoo shall make its first payment within
thirty days from the issuance of the project's Notice of Commencement in the amount of
$260,000. One year later, the Zoo shall pay the County another $260,000. After the project is
completed, and total final construction costs are determined, the Zoo shall pay the balance of its
actual share of the costs in three equal annual payments.
Once the Improvements are completed, the Zoo will be required to provide general on -going
day -to -day maintenance at its sole cost and expense. For any maintenance issues exceeding
$5,000, the parties will discuss the issue and shall share those costs 50:50.
FISCAL IMPACT: A budget amendment is needed to recognize the $1.3 million payment from
the Zoo and to increase the project budget by a like amount. The Zoo's payments to the County
shall be deposited into the Gordon River Greenway Park project 80065 in the Parks and
Recreation Capital Improvement Fund 306.
GROWTH MANAGEMENT: There is no growth management impact.
LEGAL CONSIDERATION: The attached Agreement has been reviewed by the County
Attorney, is legally sufficient, and requires majority support for approval. JAK
RECOMMENDATION: That the Board of County Commissioners approves the attached
Agreement with Naples Zoo, Inc., and authorizes the Chairman to execute the Agreement and
authorize the $1.3 million budget amendment.
PREPARED BY: Michael Dowling, Senior Property Management Specialist, Real Property
Management, Facilities Management Department
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.J.
11/13/2012 Item 1 U.
Item Summary: Recommendation to approve and execute an Improvement to Parking
Area Agreement with Naples Zoo, Inc., related to the cost sharing for the entrance and parking
improvements at the Naples Zoo with the County's share to be fifty percent of the final certified
construction cost, currently estimated at $2,600,000. (Steve Carnell, Public Services Interim
Administrator)
Meeting Date: 11/13/2012
Prepared By
Name: DowlingMichael
Title: Property Management Specialist, Senior, Facilities
9/26/2012 4:37:20 PM
Submitted by
Title: Property Management Specialist, Senior,Facilities
Name: DowlingMichael
9/26/2012 4:37:22 PM
Approved By
Name: CummingsRhonda
Title: Contracts Specialist,Purchasing & General Services
Date: 10/1/2012 2:13:01 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 10/1/2012 2:24:00 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 10/1/2012 2:51:07 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
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Date: 10/1/2012 2:52:29 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 10/1/2012 6:01:35 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 10/1/2012 6:02:03 PM
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 10/2/2012 2:12:20 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 1 0/2/2012 2:30:49 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 10/2/2012 2:58:07 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 10/2/2012 3:19:39 PM
Name: UsherSusan
Title: Management /Budget Analyst, Senior,OffiCe of Manage
Date: 11/6/2012 5:57:29 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 11/6/2012 6:25:36 PM
Name: OchsLeo
Title: County Manager
Date: 11/6/2012 6:36:13 PM
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11/13/2012 Item 11.J.
11/13/2012 Item 11.J.
IMPROVEMENTS TO PARKING AREA AGREEMENT
Naples Zoo
THIS AGREEMENT is made and entered into this 1) day of November, 2012, by and
between Naples Zoo, Inc., a Florida non- profit corporation whose mailing address is 1590
Goodlette -Frank Road, Naples, Florida 34102 (hereinafter referred to as "Zoo "), and the Board
of County Commissioners of Collier County, Florida, as the governing body of Collier County, a
political subdivision of the State of Florida (hereinafter referred to as "County"), whose mailing
address is 3335 East Tamiami Trail, Naples, Florida 34112.
RECITALS:
WHEREAS, the parties entered into the Lease Agreement dated December 12, 2005, by
way of a Novation Assignment of Lease Agreement dated December 19, 2005, from the Trust
for Public Land, a California not - for - profit corporation, and then subsequently amended on
November 10, 2009, and again on June 8, 2010; and
WHEREAS, the County, the Zoo and the Conservancy of Southwest Florida, Inc.
( "Conservancy "), entered into a Shared Parking and Access Agreement on June 26, 20721
whereby allowing the Zoo and Conservancy to utilize the County -owned property adjacent to the
Zoo for overflow parking ( "Parking Area "). In exchange for the Conservancy's use of the
Parking Area, the Conservancy will allow the Zoo and the County to access its entrance off
Goodlette Road and utilize its parking area for overflow parkin; and
WHEREAS, the Board of County Commissioners approved the development of the
Gordon River Greenway project on December 11, 2007, which included providing the public
with access to recreational activities on and along the Gordon River, whereby the County will be
required to provide guest vehicular parking; and WHEREAS, the purpose of this Agreement is
to set forth the parties' understanding and agreement to the future development and financial
responsibility by each party as to certain improvements to the Parking Area as set forth below.
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11/13/2012 Item 1 U.
WITNESSETH:
NOW, THEREFORE, in consideration of $1.0.00 and other good and valuable
consideration exchanged between the parties, the parties agree as follows:
I. All of the above recitals and exhibits referenced therein are true and correct and
are hereby expressly incorporated herein by reference as if set forth fully below.
2. The County shall pay all costs for the improvements of the Parking Area and
those improvements required by the alteration of the property. The improvements shall consist
of an entrance drive off Goodlette Road., access road leading to the Parking :Area, the overflow
Parking Area, as well as any associated water management requirements. The attached exhibit
shows the area of the improvements. Based on preliminary estimates by the County, the
estimated cost of these improvements is approximately $2.6 million. Zoo agrees to fully
cooperate with the County during the permitting and construction of this project.
3. Following the completion of the project, and irrespective of the final cost of the
project, the Zoo shall pay County 50% of the certified final construction costs. Initial payment of
$260,000 is due within 30 days of issuance of the Notice of Commencement from the County to
the contractor. The next payment will also be in the amount of $260,000 and is due one year
later on the anniversary date of the initial payment. Subsequent payments shall be provided to
the County in three (3) equal annual installments determined by final certified construction costs
less the payments previously made by the Zoo. Payments shall be due and payable on each
anniversary of the initial payment.
4. Following the completion of the project, and notwithstanding anything to the
contrary, Zoo will provide at its sole cost and expense, all day -to -day maintenance of the Parking
Area, including mowing brass, tree trimming, emptying trash receptacles, and minor equipment
and pavement repairs. Any maintenance project in excess of $5,000.00 shall be discussed by
both parties prior to the contracting of am, project, and which costs will be shared equally.
(Signatures appear on next page)
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11/13/2012 Item 1 U.
IN WITNESS WHEREOF, the County and the Zoo have hereto executed this u
the day and year first above written.
AS TO THE ZOO.-
Date: //— �
WITNESSES:
5��wl
Signature
(print name)
SignSLture
Y\\1k-k- -
(print name
AS TO THE COLTINTY:
ATTEST:
DWIGHT E. BROCK., CLERK
By:
, Deputy Clerk
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow, County Attorney
Naples Zoo, Inc.,
a Florida not-for-profit corporation.
(Corporate Seal)
T�
BY:
I z
f3oard Chairman
A
414,1
(print name)
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
19
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11/13/2012 Item 1 U.
LEGAL DESCRIPTION OF
CROSS SHARE AGREEMENT EXHIBIT A -2
ALL THAT PART OF LOTS 3, 4, AND 5 OF NAPLES IMPROVEMENT COMPANY'S LITTLE
FARMS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 2
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. BEING MORE PARTICULARY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTH '/4 CORNER OF SECTION 27, TOWNSHIP 49 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE SOUTH LINE OF SAID SECTION 27
NORTH 89 °45'51" EAST 74.17 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT -OF-
WAY OF GOODLETTE ROAD PER Q.R. BOOK 246, PAGE 59, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA, AND THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING
DESCRIBED;
THENCE ALONG SAID EASTERLY RIGHT -OF -WAY LINE NORTH 04 040'14" WEST 148.37 FEET
TO THE NORTH LINE OF LOT 3;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY NORTH 04 040'14" WEST A
DISTANCE OF 2' )4.12 FEET;
THENCE CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY NORTH 00616'35" WEST A
DISTANCE OF 360.83 FEET;
THENCE LEAVING SAID EASTERLY RIGHT -OF -WAY NORTH 89 04325" EAST A DISTANCE OF
75.00 FEET;
THENCE SOUTH 00 016'35" EAST A DISTANCE OF 14.05 FEET TO THE BEGINNING OF A CURVE
TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 89 043'25" EAST 47.00 FEET; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
57 °52'11" AN ARC DISTANCE OF 47.47 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
WHOSE RADIUS POINT BEARS SOUTH 31051'13" WEST 114.00 FEET; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 57 °43'27" AN ARC
DISTANCE OF 114.85 FEET;
THENCE SOUTH 00625' 19" EAST A DISTANCE OF 96.80 FEET TO THE BEGINNING OF A CURVE
TO THE LEFT WHOSE RADIUS POINT BEARS NORTH 89634'41" EAST 50.00 FEET; THENCE
SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32 °15'51"
AN ARC DISTANCE OF 28.16 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT WHOSE
RADIUS POINT BEARS SOUTH 57 027'55" WEST 104.96 FEET; THENCE SOUTHERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31 °57'40" AN ARC DISTANCE OF
58.55 FEET;
THENCE SOUTH 00025'19" EAST A DISTANCE OF 67.54 FEET;
THENCE SOUTH 05628'47" WEST A DISTANCE OF 5392 FEET;
THENCE SOUTH 05659'04" EAST A DISTANCE OF 144.57 FEET TO AN INTERSECTION WITH
THE NORTH LINE OF SAID LOT 3;
THENCE NORTH 89 °39'50' EAST ALONG THE FORTH LINE OF SAID LOT 3 A DISTANCE OF
525.15 FEET;
THENCE LEAVING THE NORTH LINE OF SAID LOT 3 SOUTH 00020'12" EAST A DISTANCE OF
494.24 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID LOT 3;
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11/13/2012 Item 1 U.
THENCE SOUTH 89040'11" WEST ALONG THE SOUTH LINE OF SAID LOT 3 A DISTANCE OF
653.61 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY OF GOODLETTE
ROAD;
THENCE NORTH 04'*39'04" WEST ALONG SAID EASTERLY RIGHT -OF -WAY A DISTANCE OF
312.14 FEET;
THENCE CONTINUING ALONG SAID RIGHT -OF -WAY NORTH 04'-40'14" WEST A DISTANCE OF
35.08 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
CONTAINING 9.69 ACRES OF LAND MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
BEARINGS ARE BASED ON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE,
NAD 83190 DATUM AND REFERENCED TO THE NORTH LINE OF LOT 6, NAPLES
IMPROVEMENT COMPANY'S LITTLE FARMS PLAT OF SECTION 27, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING NORTH 89 °53' 18" EAST.
AGNOLI, BARBER & BRITK AGE, INC.
PROFESSIONAL ENGrNRtRs. PLANNERS & SURVEYORS AND MAPPERS
BY
WAY'NE D. AG�4OLI , R.S.M. NO. 5335
I
DATE '-
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