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Agenda 04/27/2010 Item #16D14 Agenda Item No. 16014 April 27, 2010 Page 1 of 10 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners accept the report regarding the use of the concession and batting cage located at Max Hasse Community Park between Golden Gate American Little League (BASEBALL) and Golden Gate Little League Softball (SOFTBALL). Obiective: To provide recreational opportunities for citizens of Collier County. Considerations: On April 13, 2010, the Board of County Commissioners (Board) requested that staff report back to them resolving issues related to BASEBALL and SOFTBALL use of the concession and batting cages at Max Hasse Community Park. BASEBALL began playing at the park in 1996. BASEBALL began selling concessions at this location and obtained the necessary permit with the Florida Department of Health to sell food to the public. BASEBALL entered into a Lease Agreement (Lease) with the Board to use a 14' by 20' area (Leased Area) facility next to Field #2 at Max Hasse Community Park in 2000. The agreement (attached) was for five years with two five year renewals. The Lease allowed BASEBALL to make improvements within the Leased Area. BASEBALL constructed a batting cage, pitching wall, and storage (Improvements) within the Leased Area and has been maintaining them. SOFTBALL began playing at Max Hasse Community Park in 2002 and over the years had established a working relationship with the BASEBALL. BASEBALL staffed the concession during all youth games and paid SOFTBALL $2,500 annually from the proceeds. SOFTBALL also had use of the batting cages. In the fall of 2009, SOFTBALL requested to use the concession, batting cages, pitching wall, and storage facility. Staff directed SOFTBALL to work with BASEBALL on these requests. SOFTBALL approached staff in the winter 2009, indicating that they were unable to satisfactorily resolve joint use of the facilities and requested to work directly with Collier County Parks and Recreation to come up with a solution. Staff met with both leagues on March 29,2010 to determine an action plan. At that time, SOFTBALL stated that they wished to sell their own concessions and to have access to the batting cages on Tuesday and Thursday nights. Staff contacted the Health Department on behalf of the Leagues and it was determined that contrary to previous inquiries, two organizations could hold a permit to sell concessions. Arrangements were made to have the Facilities Management Department make alterations to the concession to secure each Leagues equipment and supplies. Agenda Item No. 16014 April 27, 2010 Page 2 of 10 SOFTBALL obtained their permit to sell concessions on April 7, 2010 and the concession was ready for use on April 13,2010. On April 6, 2010, staff met with SOFTBALL to hear their requests on the batting cage area. On April 12, 2010, staff met with BASEBALL and the requests made by SOFTBALL were approved. Staff communicated this to SOFTBALL on April 12, 2010. Staff met with BASEBALL and SOFTBALL again on April 20, 2010 after the Board of County Commissioner meeting of April 13, 2010 to solidify the previous, verbal agreement reached between the two organizations. Le2al Consideration: It appears that staff, SOFTBALL and BASEBALL has reached an amicable resolution. If at any point, the Board is not satisfied with the resolution, it may either amend or terminate the Lease with BASEBALL with 30 days notice. Any future terms of use of a County park by either league or both could then be memorialized into a park use agreement with the league(s). If the Lease is not terminated by the County it will expire on February 22,2015. As such time, the County will responsible to maintain the Improvements-JW. Fiscal Impact: Alterations to the concession facility were made to accommodate the two organizations at a cost of $4,400. Growth Mana2ement Impact: Max Hasse Community Park is inventoried in the Growth Management Plan. Recommendation: Recommend that the Collier County Board of County Commissioners accept staff's report on the successful resolution of issues related to Golden Gate American Little League and Golden Gate Little League Softball. Prepared by: Barry Williams, Director, Parks and Recreation Department Agenda Item No. 16014 April 27,2010 Page 3 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16D14 Recommendation that the Board of County Commissioners accept the report regarding the use of the concession, batting cages. pitching wall, and storage area located at Max Hasse Community Park between Golden Gate American Little League (GGALL) and Golden Gate Little League Softball (GGLLS). 4/27/20109:00:00 AM Meeting Date: Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 4/16/20102:39 PM Approved By Barry Williams Director - Parks & Recreation Date Public Services Division Parks & Recreation 4/16/20103:17 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 4/16/20103:49 PM Approved By Jeff Klatzkow County Attorney Date 4/16/20104:39 PM Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 4/19/201012:14 PM Approved By OMB Coordinator Date County Manager's Office Office of Management & Budget 4/19/20101:43 PM Approved By Sherry Pryor Office of Management & Budget Management! Budget Analyst, Senior Date Office of Management & Budget 4/19/20103:56 PM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 4/20/20104:26 PM 16~~a Item No. 16014 L # April 27, 2010 ease Page 4 of 10 LEASE AGREEMENT TIDS LEASE AGREEMENT entered into this :J.l.t4 day of -t.tb~ ' 2000, between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter re erred to as "LESSOR", whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, and Golden Gate American Little League, Inc., a Florida not-for-profit corporation, hereinafter referred to as "LESSEE", whose mailing address is 263 Silverado Drive, Naples, Florida 34119, sets forth the terms and conditions for utilizing a portion of the property located at the Max Hasse Community Park on Golden Gate Boulevard, Naples, Florida. WITNESSETH In consideration of the mutual covenants contained herein, and other valuable consideration, the parties agree as follows: ARTICLE 1. Demised Premises LESSOR hereby leases to LESSEE and LESSEE hereby leases from LESSOR the property described in Exhibit "A" which is attached hereto and made a part of this Lease, hereinafter called the "Demised Premises", situated in the County of Collier and the State of Florida, for the sole purpose of operating Little League activities to include batting cage, pitching wall and storage building for equipment. ARTICLE 2. Term of Lease LESSEE shall have and hold the Demised Premise for a term of five (5) years, commencing upon the execution of this Lease by both LESSEE and LESSOR, and expiring five (5) years from said date. LESSEE is granted the option, provided it is not in default of any of the terms of this Lease, to renew same for two (2) additional terms of five (5) years, under the same terms and conditions as provided herein, by giving written notice of LESSEE'S intention to do so to the LESSOR not less than sixty (60) days prior to the expiration of the leasehold estate hereby created. Said notice shall become effective upon placement of the notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid. LESSOR may terminate this Lease, with or without cause, upon thirty (30) day prior written notice to the LESSEE. Said notice shall be sent to the LESSEE'S address, as set forth in this Lease, and shall become effective upon placement of said notice in an official depository of the United States Post Office, Registered or Certified Mail, postage prepaid. ARTICLE 3. ~ LESSEE hereby covenants and agrees to pay an annual rent of Ten Dollars ($10.00) for the Demised Premises. The annual rent shall be paid in full for the Lease term at the time in which this Lease is executed and in full for the term in which it is renewed. ARTICLE 4. LESSEE'S Default in Payment In the event LESSEE fails to pay said rent as required to be paid under the provisions of this Lease, failure to pay shall constitute a default and LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period. ARTICLE 5. LESSEE'S Access to Demised Premises LESSEE shall comply with all Parks and Recreation Rules and Regulations in existence during the term of this Lease, or any renewal thereof, including, without limitation, County Ordinance No. 76-48 or its successor ordinance. Prior to the execution of this Lease and upon amendment of the current Rules and Regulations, LESSOR shall provide to LESSEE by written notice a copy of the Rules and Regulations then in effect. After receipt of said notice, LESSEE'S failure to comply with the current Rules and Regulations shall constitute a default pursuant to the terms ofthis Lease. LESSOR is under no obligation to permit the use by LESSEE of the entire Max Hasse Community Park parcel for public scheduled events. If LESSEE so desires, it may by written request, apply to the LESSOR for permission to use the entire parcel for any special events. ARTICLE 6. Modifications to Demised Premises ~~~l~ No. 16D14 April 27, 2010 Page 5 of 10 LESSOR shall not be required to make any alterations, rebuildings, replacements, changes, additions, improvements or repairs during the term of this Lease. LESSEE shall be allowed to make improvements to the Demised Premises, if only, prior to making any changes, alterations, additions or improvements to the Demised Premises, LESSEE will provide to LESSOR all proposals and plans for alterations, improvements, changes or additions to the Demised Premises for LESSOR'S written approval, specifying in writing the nature and extent of the desired alteration, improvement, change, or addition, along with the contemplated starting and completion time for such project. LESSOR or its designees will then have ninety (90) days within which to approve or deny in writing said request for changes, improvements, alterations or additions. LESSOR shall not unreasonably withhold its' consent to required or appropriate changes, alterations, additions or improvements proposed by LESSEE. If after ninety (90) days there has been no response from LESSOR or its designee to said proposals or plans, then such silence shall be deemed as a denial to such request of LESSEE. If upon obtaining written consent and commencing said changes, alterations, additions, or improvements, LESSEE fails to complete its work within the completion time as approved by LESSOR, LESSOR may at its election complete said changes, improvements, alterations or additions. If any costs are incurred by LESSOR as the result of LESSEE'S failure to begin, start or complete the proposed project and by LESSOR'S completion of the proposed project, then upon demand and within thirty (30) days of the demand, LESSEE shall pay to LESSOR the amount of cost incurred by LESSOR. No election to perform by LESSOR shall constitute waiver of any covenant or obligation of LESSEE or any future default. LESSEE covenants and agrees in connections with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the Demised Premises, to observe and comply with all then and future applicable laws, ordinance, rules, regulations, and requirements of the United States of America, State of Florida, County of Collier, and any and all governmental agencIes. All alterations, improvements and additions to said Demised Premises shall at once, when made or installed, be deemed as attached to the freehold and to have become property of LESSOR and shall remain for the benefit of LESSOR at the end of the terms or other expiration termination of this Lease in as good order and condition as they were when installed, reasonable wear and tear excepted; provided, however, if prior to the termination of this Lease, or within thirty (30) days thereafter, if LESSOR so directs, LESSEE shall promptly remove the additions, improvements, alterations, fixtures and installations which were placed in, on, or upon the Demised Premises by LESSEE, and repair any damage occasioned to the Demised Premises by such removal; and in default thereof, LESSOR may complete said removal and repairs at LESSEE'S expense. LESSEE 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 that described above. ARTICLE 7. LESSOR'S Ri~ht to Access Demised Premises LESSOR, its duly authorized agents, representatives and employees, shall have the right after reasonable notice to LESSEE, to enter into and upon the Demised Premises or any part thereof at all reasonable hours for the purpose of making such repairs or janitorial service provided therein, and for the purposes of inspection of compliance with the provision of this Lease. ARTICLE 8. Assi~ment and Sublettin2 LESSEE covenants and agrees not to assign this Lease or to sublet the whole or any part of the Demised Premises, or to permit any other persons to occupy same without the written consent of LESSOR. If LESSEE assigns or sublets without the consent of LESSOR, the LESSEE shall not be relieved from liability for payment of rent or other sums herein provided or from the obligation to keep and be bound by the terms, conditions and covenants of this Lease. The acceptance of rent from any other person shall not be deemed to be a waiver of any of the provisions of this Lease or to be a consent to the assignment of this Lease or subletting of the Demised Premises. 2 ARTICLE 9. Maintenance 1P&nA I!pm No. 16D14 J. t) (j~ApriI27, 2010 Page 6 of 10 LESSEE shall be responsible for all gardening and outdoor maintenance related to the Demised Premises. The LESSEE, at its' sole cost, shall repair all damage to the Demised Premises caused by LESSEE, its employees, agents, independent contractors, guests, invitees, licensees, or patrons. The LESSEE, at its' sole cost, shall remove from the Demised Premises in accordance with all applicable rules, laws and regulations, all solid, liquid, semisolid and gaseous trash and waste and refuse of any nature whatsoever which might accumulate and arise from the operations of LESSEE'S operations. ARTICLE 10. Insurance LESSEE shall provide and maintain general liability and property liability insurance policy(ies), approved by the Collier County Risk Management Department, for not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limits during the term of this Lease. In addition, LESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be provided to the Real Property Management Department, 3301 East Tamiami Trail, W. Harmon Turner Building (aka Administration Building), Naples, Florida, 34112, for approval prior to the commencement of this Lease Agreement; and shall include a provision requiring ten (10) days prior written notice to the Collier County Risk Management Department c/o Collier County Real Property Management Department at the aforementioned address in the event of cancellation or changes in policy(ies) coverage. LESSEE shall also maintain, at its own expense, insurance on the Demised Premises insuring against damage by fire and other risks customarily comprehended by the term "extended coverage" in endorsements to fire insurance policies in an amount not less than the replacement cost of the improvements on the Demised Premises. ARTICLE 11. Indemnity LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and employees from and against any and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and expenses (including, but no limited to, attomeys' fees and disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (A) LESSEE'S use of the Demised Premises, (B) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (C) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (D) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, licensees or invitees. Provided however, the LESSEE shall not be required to indemnify LESSOR in the event any such injury, death, or damage is the direct or indirect result of the negligence or willful misconduct of the LESSOR or its' employees. In case any action or proceeding is brought against LESSOR by reason of anyone or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct ofthe LESSOR or its' employees. 3 ARTICLE 12. ll1ili.ti.ca 19~f}1h, No. 16014 J; April 27, 2010 Page 7 of 10 Restroom facilities shall be provided to LESSEE by LESSOR. LESSOR shall not be required to furnish LESSEE any facilities or services of any kind whatsoever during the term of this Lease, such as, but not limited to, water, electricity, light and power, gardening and outdoor maintenance. ARTICLE 13. Default by LESSEE Failure of LESSEE to comply for ninety (90) days with any material provision or covenant of this Lease shall constitute a default, LESSOR may, at its option, terminate this Lease after thirty (30) days written notice to LESSEE, unless the default be cured within the notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE, and this Lease may be immediately terminated by LESSOR: (a) Abandonment of Demised Premises or discontinuation of LESSEE'S operation. (b) Falsification of LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (c) Filing of insolvency, reorganization, plan or arrangement or bankruptcy. (d) Adjudication as bankrupt. (e) Making ofa general assignment of the benefit of creditors. (f) If LESSEE suffers this Lease to be taken under any writ of execution. In the event of the occurrence of any of the foregoing defaults in this ARTICLE 13, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all persons and property from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The LESSOR may at its option terminate this Lease after receipt by LESSEE of thirty (30) days notice in writing if a lien is filed against the leasehold interest of the LESSEE, and not removed within thirty (30) days, pursuant to the Florida Mechanics Lien Law. ARTICLE 14. Default by LESSOR LESSOR shall in no event be charged with default in the performance of any of its' obligations hereunder unless and until LESSOR shall have failed to perform such obligations within thirty (30) days (or such additional time as is reasonably required to correct such default) after notice to LESSOR by LESSEE properly specifying wherein LESSOR has failed to perform any such obligations. ARTICLE 15. ~ Any notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Property Management Dept. 3301 Tamiami Trail East W. Harmon Turner Building (aka) Administration Building Naples, Florida 34112 LESSEE: Golden Gate American Little League, Inc. 263 Silverado Drive Naples, Florida 34119 Attention: President cc: Office of the County Attorney Parks and Recreation Director 4 ARTICLE 16. Surrender of Premises Ate~::lBJI No. 16014 ~ Uliqril27, 2010 Page 8 of 10 LESSEE shall remove any improvements completed by LESSEE prior to the expiration of this Lease and shall deliver up and surrender to LESSOR possession of the Demised Premises and any improvements not removed upon expiration of this Lease, or its' earlier termination as herein provided, broom clean and in as good condition and repair as the same shall be at the commencement of the term of this Lease or may have been put by LESSOR or LESSEE during the continuance thereof, ordinary wear and tear and damage by fire or the elements beyond LESSEE'S control excepted. ARTICLE 17. General Provisions LESSEE fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced Demised Premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost of LESSEE and shall involve no cost or expense to LESSOR. LESSEE expressly agrees for itself, its' successor and assigns, to refrain from any use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S standard operations where other operations share common facilities. LESSEE fully understands that LESSOR has no obligation to provide reserved parking for LESSEE or its' invitees at the Demised Premises. LESSEE agrees to make Demised Premises available to the general public when not utilized by LESSEE, its' members or invitees. If the Demised Premises is utilized by the general public, the LESSOR agrees to make required repairs necessary to the Demised Premises due to damage caused by the general public use, except for damage caused by invitees and licensee of LESSEE. (a) Rights not specifically granted the LESSEE by this Lease are hereby reserved to the LESSOR. (b) LESSEE agrees to pay all sales tax imposed on the rental of the Demised Premises where applicable under law. ,/(c) LESSEE agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, of a leasehold interest in the Demised Premises or LESSEE'S possession of said leasehold interest in the Demised Premises. (d) The sale and/or consumption of alcoholic beverages shall be prohibited on the Demised Premises. ARTICLE 18. Environmental Concerns LESSEE represents, warrants and agrees to indemnify, reimburse, defend and hold harmless LESSOR, from and against all costs (including attorneys' fees) asserted against, imposed on or incurred by LESSOR directly or indirectly pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment. ARTICLE 19. Radon Gas In compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE 20. Extent of Liens All persons to whom these presents may come are put upon notice of the fact that the interest of the LESSOR in the Demised Premises shall not be subject to liens for improvements made by the LESSEE, and liens for improvements made by the LESSEE are specifically prohibited from attaching to or becoming a lien on 5 '. . A~Q ~~o. 16014 .' S' th D . d P . f.th Th' '" AQrilf7 2010 the mterest of the LE SOR 10 e emlse remIses or any part 0 el er. IS notice IS given pursuant P'a'Q'S 9 of 10 provisions of and in compliance with Section 713.10, Florida Statutes. ARTICLE 21. Effective Date This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 22. Governin~ Law This Lease shall be governed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO THE LESSOR: DATED: dId;;"! /Y) I I ATTEST: DWIGHTE~BROCK. Clerk " . \ ..' . '. '. <( . 4. ;. .... "';.: ,~>-: . 'A(~'~': · . :~. ,"(~]:lepl.ltrClerk . Attest as to Chat........ 'fQII.4t..re.onl.i..... . '. . " '" ...',. ".... '" . ')' ..... AS TO tESSEE;.. .... . DATED: 2.. - II - 0 v BOARD OF COUNTY COMMISSIONERS COLLIER CO , FLORIDA , GOLDEN GATE AMERICAL LITTLE LEAGUE, INC. a Florida not-for-profit corporation BY: u;: 4J fJ~ -- ~~ /C~_ TNESS (sIgnature) "J::- _~j P. ~~ (print name) ~~ WITNESS (signature) S4v~ f.e t(;.1i'..s (print name) , President Approved as to form and legal sufficiency: ~~-----' ~ Robert N. Zachary Assistant County Attorney 6 ()3. O::t::.. 3/< ~ ~ ~ 1::-- ~~ V' VI (fI -0 ~ ~ (' .- .. - ~. ~ , EXHIBIT "An a I . .1. .( \..' ~~~~ \N ~ - ~ , r " - tt1 \ \:J . .' ., ' : ... ..'" .. .' .f '. . ., ... .*. ., , t} . .. ........ l~~,leb No. 16014 ~p 7,2010 P 0 of 1 0 'Z-' o ~ ~ . . . . ", ... ... III "'. . .' .... .. ... .. "'. ",. . D ji\V' ~tft ...~ "l' J1 ......... , {I'-"'. . ..:. .... .:_ .. . t .. la'a C -, \ . I' I' . "- .)0.... '. . .', .1 .... 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