Agenda 01/12/2010 Item #16D 9
Agenda Item No. 1609
January 12, 2010
Page 1 of 3
EXECUTIVE SUMMARY
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Recommendation to approve a First Amendment to License Agreement with
Kmart Corporation for the continued use of space for the H1N1 vaccination
campaign and to approve a Budget Amendment for one month's rent of $25,000
to be reimbursed by the State's Health Department.
OBJECTIVE: To obtain approval from the Board of County Commissioners (Board) to enter
into a First Amendment to License Agreement with Kmart Corporation, on behalf of the Health
Department, for the continued use of vacant space for the H1N1 vaccination campaign and to
approve a Budget Amendment for the January rent.
CONSIDERATIONS: At the September 29, 2009 Board of County Commission meeting, Dr.
Joan Colfer, Director of the Collier County Health Department, briefed the Board on the
upcoming flu season and the threat of the Hi N1 strain, also known as swine flu. On October
15, 2009, the Board approved a License Agreement with Kmart Corporation for the Health
Department to utilize the former Kmart store located at the corner of Collier Boulevard (C.R.
951) and East Tamiami Trail (U.S. 41), within the Freedom Square plaza.
At this time, the Health Department is required to continue its operation at this location for the
month of January. The second location at the North Collier Regional Park has been
discontinued. County staff prepared the attached First Amendment to License Agreement prior
to the expiration date of the License and planned to submit the Amendment at an earlier time.
However, Kmart's legal department only recently returned the document to the County.
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The County assisted in this Agreement since the State requires that services be rendered prior
to remitting payment to a vendor. However, the landlord of the subject property is requiring the
first month's rent be paid prior to occupancy. With this development, Alan Portis, Finance and
Accounting Director for the Health Department, submitted an interoffice memorandum to County
Manager Leo Ochs asking for the County to enter into an Agreement for the commercial space
and provide the required rent. The State will reimburse the County by January 31, 2010 for
November and December's rent. The State will reimburse the County for January's rent by the
end of February.
FISCAL IMPACT: The State of Florida Health Department will fully reimburse Collier County
upon receipt of an invoice for the costs associated with the rental facility. The Budget
Amendment is needed to appropriate the rent expenditure of $25,000 for the one month
extension to the rental agreement and allow recognition of the reimbursement revenue from the
State.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAl CONSIDERATION: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient. It is customary that the Licensee execute a License
first. As such, KMART will execute the License after Collier County.-JBW.
RECOMMENDATION: That the Board approves the attached First Amendment to License
Agreement with Kmart Corporation and authorizes the Chairman to execute same and that the
Board approves the Attached Budget Amendment.
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PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Properly
Management/Department of Facilities Management
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Agenda Item No. 1609
January 12, 2010
Page 2 of 3
COLLIER COUNTY
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BOARD OF COUNTY COMMISSIONERS
Meeting Date:
1609
Recommendation to approve a First Amendment to License Agreement with Kmart
Corporation for the continued use of space for the H1 N1 vaccination campaign and to
approve a Budget Amendment for one months rent of $25,000 to be reimbursed by the
States Health Department.
1/12/20109:00:00 AM
Item Number:
Item Summary:
Prepared By
Michael H. Dowling
Property Management Specialist, Senior
Date
Administrative Services
Division
Facilities Management
12/30/20093:20:40 PM
Approved By
Marla Ramsey
Administrator ~ Public Serv!o:;::es
Date
Public Services Division
Public Services Division
12130/20093:41 PM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
County Attorney
12/31/20098:20 AM
Approved By
OMS Coordinator
Date
County Manager's Office
Office of Management & Budget
12/31/20099:46 AM
Approved By
Jeff Klatzkow
County Attorney
Date
12/31/2009 10:32 AM
Approved By
Sherry Pryor
Management! Budget Analyst, Senior
Date
Office of Management &
Budget
Office of Management & Budget
12/31/200911:05 AM
Approved By
John A. Yonkosky
Director - Management and Budget
Date
Office of Management &
Budget
Office of Management & Budget
12/31/200911:07 AM
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FIRST AMENDMENT TO LICENSE AGREEME!,;T
Agenda Item No. 1609
January 12, 2010
Page 3 of 3
TillS FIRST AMENDMENT TO LICENSE AGREEMENT (the "Amendment") is entered into
this __ day of January, 2010, at Naples, CoUier County, Florida, by and between KMART
CORPORATION, a Michigan corporation ("Licensor'') and COLLIER COUNTY, a political subdivision of
the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112
("Licensee"), on behalf oftne Collier County Health Department ("User").
WITNESSETH
\VHEREAS, Licensor and Licensee entered into that certain license agreement made as of October
15th, 2009 (the "Ucense Agreement"), whereby Licensee licensed from Licensor, on behalf of User, certain
space consisting of approximately 1] 6,790 square feet. as described in the License Agreement; and
WHEREAS, Licensee, on behl:llf of User, wishes to extend the tenn oftne License Agreement.
NOW THEREFORE, in consideration of the mutual agreements herein contained and for other good
and valuable consideration, the receipt and legal sutftciency of which are hereby acknowledged, the panics
agree as follows:
t. The foregoing recitals are herein incorporated as if fully rewritten and restated at length herein.
2. Capitalized tenns used, but not defined in this Amendment, shall have the same meaning ascribed to
such terms in the License Agreement.
3, The Tenn is hereby extended to January 30, 20]0, subject to Section 11 of the License Agreement
(the "Extended Term").
4. The Fee for the Extended Term shall be the sum of Twenty Five Thousand and No/lOD Dollars
($25,000.00).
5. Except as amended and modified herein, the License Agreement remains in full force and effect
according to the terms and conditions contained therein,
IN WITNESS WHEREOF, Licensor and Licensee have hereto executed this Amendment as of the
day and year first above written.
AS TO THE LICENSEE:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
DOJ\1\A FIALA, Chainnan
AS TO THE LICENSOR:
KMART CORPORATION,
a Michigan corporation
Witness (Signature)
By:
J. KAL GIBRON
Divisiona] Vice President, Real Estate
and Real Estate Law
(Print Name)
Witness (Signature)
(Print Name)
Approved as to form and legal sufficiency on behalf ofLicem;ee:
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Jennife' . White, Assistant County Attorney