Agenda 05/25/2010 Item #16D 1Agenda Item No. 16D1
May 25,2010
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve a Second Lease Modification Agreement with The
Children's Museum of Naples, Inc. to extend the construction completion date to
December 31,2013.
OBJECTIVE: Approve a Second Lease Modification Agreement with The Children's Museum
of Naples, Inc., which is located at the North Naples Regional Park.
CONSIDERATIONS: Pursuant to Article 2 C of the Lease Agreement dated December 16,
2003, The Children's Museum of Naples, Inc. Is required to complete construction of their
facility, which is located on County-owned property at the North Naples Regional Park, by
December 31, 2008. The Lease was later modified on February 12, 2008 to extend the
completion date to December 31, 2010. At this time, The Children's Museum of Naples, Inc. has
requested an extension for the completion date to be December 31, 2013.
The attached Second Lease Modification Agreement has been prepared to revise the
completion of construction to the aforementioned date of December 31, 2013. The Second
Lease Modification Agreement also revises the date for the issuance of the Certificate of
Occupancy pertaining to the museum facility.
All other terms and conditions contained in the Lease Agreement and Lease Modification
Agreement shall remain the same.
FISCAL IMPACT: There is no fiscal impact related to this item.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
LEGAL CONSIDERATIONS: The proposed Second Lease Modification Agreement is legally
sufficient for Board action. - JBW
RECOMMENDATION: That the Board approves the Second Lease Modification Agreement
with The Children's Museum of Naples, Inc., and authorize its Chairman to execute same.
PREPARED BY: Michael Dowling, Sr. Property Management Specialist, Real Property
Management, Facilities Management Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1601
May 25, 2010
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1601
Recommendation to approve a Second Lease Modification Agreement with The Childrens
Museum of Naples, Inc. to extend the construction completion date to December 31, 2013.
5/25/20109:00:00 AM
Date
Prepared By
Michael H. Dowling
Administrative Services
Division
Property Management Specialist, Senior
Facilities Management
5/3/20104:34:55 PM
Approved By
Date
Skip Camp, C.F.M.
Administrative Services
Division
Director ~ Facilities Management
Facilities Management
514/2010 8:32 AM
Approved By
Toni A. Mott
Administrative Services
Division
Manager - Property Acquisition & Const
M
Date
Facilities Management
5/10/20108:03 AM
Barry Williams
Date
Approved By
Public Services Division
Director ~ Parks & Recreation
Parks & Recreation
5/10/20109:29 AM
Approved By
Marla Ramsey
Public Services Division
Administrator - Public Services
Date
Public Services Division
5/11/2010 11:12AM
Date
Approved By
Jennifer White
County Attorney
Assistant County Attorney
County Attorney
5/11/201011 :20 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Office of Management & Budget
5/11/201012:41 PM
Date
Approved By
Jeff Klatzkow
County Attorney
5/13/2010 2:25 PM
Approved By
Date
Sherry Pryor
ManagementJ Budget Analyst, Senior
Office of Management &
Budget
Agenda Item No. 16D1
May 25.2010
Page 3 of 5
Office of Management & Budget
5/13/20103:11 PM
Approved By
Leo E. Ochs, Jr.
County Manager
Date
County Managers Office
County Managers Office
5/15/20104:15 PM
SECOND LEASE MODIFICATION AGREEMENT
Agenda Item No. 1f1
Lease #9]4 May 25, 2 10
Page4 f5
l.._
TIltS SECOND LEASE MODlFtCATION AMENDMENT entered into this _ day of
2010, between COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is
3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR," and the
CHtLDREN'S MUSEUM OF NAPLES, INC., whose mailing address is P.O. Box 2423, Naptes, Florida
34106, hereinafter referred as "LESSEE."
WITNESSETH
In consideration of the mutual covenants contained herein, and other valuable consideration, the
parties agree as follows:
WHEREAS, LESSOR and. LESSEE have previously enteredin10 Lease Agreement dated December 16,
2003, and
WHEREAS, LESSOR and LESSEE have entered into a Lease Modification Agreement dated February 12,
200g, and
WHEREAS, the LESSOR and LESSEE are desirous of amending the Lease Agreement, and
NOW THEREFORE, in consideration of the covenants and agreements provided within said Lease
Agreement, and Ten Dollars ($10.00) and other valuable consideration, said Lease Agreement is hereby
amended as follows:
1. Article 2, Paragraph (C) is deleted in its entirety and replaced with the following:
LESSEE agrees to complete the proposed Facility on or before December 31, 2013. LESSEE shall be
responsible for providing LESSOR with a copy of the Certificate of Occupancy issued by Collier
County for the completion oftne Facility.
2. Article 2, Paragraph (D) is deleted in its entirety and replaced with the following:
Ira Certificate ofOceupancy for the Facility has not been issued on or before December 31,2013,
then LESSOR shall have the option, upon sixty (60) days written notice to LESSEE, to terminate the
Lease at any time after December 31, 2013, but before a Certificate of Occupancy forth Facility is
issued. [f LESSOR exercises its right to terminate under this paragraph, the LESSOR can take
possession of the Facility and all improvements on the Demised Premises without compensating
LESSEE in any way. Upon issuance of a Certificate of Occupancy, LESSOR shall have no further
right to terminate the Lease Agreement for nonperformance of the required construction.
3. Except as expressly provided herein, the Lease Agreement between COLLIER COUNTY and the
CHtLDREN'S MUSEUM OF NAPLES, INC., dated December ]6, 2003 and the Lease Modification
Agreement dated February 12, 2008, remain in full force and effect according to the terms and conditions
contained therein, and said terms and conditions are applicable hereto except as expressly provided
otherwise herein.
IN WITNESS WHEREOF, the LESSOR and LESSEE have hereto executed this Second Lease
Modification Agreement the day and year first above written.
AS TO THE LESSEE:
DATED: 'i /(/)// l>
C7tii5' I
Witness (Signature)
;)
::)"\~ r 111
(Print Name)
AS TO TIlE LESSOR:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
Approved as to form and legal sufficiency:
~5),0~
Jennifer B. bite, Assistant County Attorney
BOARD OF COUNTY COMMISStONERS,
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
Agenda Item NO.1 01
May 25,2 10
Page 5 f 5