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Agenda 09/25/2018 Item #16E1009/25/2018 EXECUTIVE SUMMARY Recommendation to approve a Lease Agreement with Immokalee Fire District on County-owned property located within the Town of Ave Maria, authorize impact fee credits to Ave Maria Development, LLLP for the one-acre parcel, authorize the disbursement of $121,000 to Ave Maria Development LLLP for site development improvements and authorize a Budget Amendment for EMS Budget FY 19. OBJECTIVE: A Lease Agreement is required for the Immokalee Fire District to construct a Multi - Purpose Public Safety Facility on three acres of County-owned property within the Town of Ave Maria. CONSIDERATIONS: Resolution No. 05-235, Development Order No. 0501, and now required by Resolution No. 14-220, cited that Ave Maria Development, LLLP (Developer) would transfer four acres of vacant land to Collier County for the development of a future government building on one -acre and a multi-purpose Public Safety Center (PSC) on three acres in order to serve the Town of Ave Maria and the surrounding area with EMS, Sheriff, and Fire services. The PSC will be designated as Fire Station #32. Per the conditions stated in Section Three of Resolution 14-220, Ave Maria Development, LLLP, as developer, will receive Government Building impact fee credits for the one -acre site dedication to the County in the amount of $337,590 upon recording of the Warranty Deed. In a joint-venture with the Immokalee Fire District (District) and the County (collectively referred to as the Party or Parties), the Parties have agreed that the Di strict will lease three acres of the four acres deeded to the County for the construction and operation of a PSC. All costs for the design, construction, permitting, management, and on-going maintenance will be the sole cost of the District. The District shall provide the County with space within the PSC for the Sheriff’s Office and EMS. The County shall utilize the west half of Apparatus Bay Number 3 for one County EMS vehicle and related equipment, two offices (Numbers 106 and 108), and two bunk rooms (Number 231 and 232). The County shall provide its own furniture and equipment for those offices. The District shall furnish the County EMS/Sheriff’s bunk rooms in a similar manner as the District’s bunk rooms. The common areas that shall be shared by both Parties include the lobby, board room/training room, kitchenette, decontamination room, treatment room, stairs/elevator, kitchen, dining room, day room, fitness area, janitorial closet, bunker gear room, patio, parking area, EMS supply room, and male and female restrooms with shower facilities. The County may request use of the east half of Apparatus Bay Number 3 for a second EMS vehicle and for a third bunk room to accommodate the additional staff. The Lease term shall be for thirty years and shall automatically renew for consecutive thirty-year terms unless the Parties mutually agree to terminate the lease by providing sixty-days prior notice to the other Party prior to the conclusion of any thirty-year term. In lieu of rent, the District shall pay the County a one-time payment of $121,000, which shall be remitted to Ave Maria Development, LLLP, and reflects the cost associated with site development improvements. The County shall then pay $4,033.32 to the District annually for the initial thirty-year lease term as rent for its use of the PSC. This annual payment will reimburse the District for its initial $121,000 contribution. No rent will be due to the District for any of the additional terms. The County shall pay for janitorial maintenance of its exc lusive use areas. On-going maintenance of the PSC shall be provided by the District, such as, but not limited to, parking lot and roadway maintenance, exterior cleaning and painting, landscaping, signage, trash services, pest control and utility charges. However, the County will be responsible to pay for its proportionate share of utility costs, which have 16.E.10 Packet Pg. 2275 09/25/2018 been determined to be 40% of the total estimated annual costs for utilities. The first year’s payment for utilities has been estimated to be $5,800. Any overpayment will be adjusted accordingly. Within thirty days of the end of the first year of the Lease, the District will calculate the actual utility costs for the first year and will notify the County of that amount. The County shall then pre-pay the following year’s utilities based on 40% of the first year’s actual costs and shall be calculated in the same manner throughout the life of the Lease term. Any capital improvements of the PSC exceeding $2,500.00 will be shared by the Parties under a Capital Improvement Maintenance Plan (CIM Plan) that will specify how payments for improvements will be made. The Parties shall carry the insurance coverage as required by State law. The Lease shall not be assigned to another party without the written consent of both Parties. However, if the District merges or consolidates with another governmental entity, then no further action will be required by the Parties. If the District fails to commence construction within two (2) years from the date that the County accept s ownership and title to the subject property, the County may terminate the Lease by providing written notice to the District in the event the Parties cannot mutually agree upon an acceptable extension date. If the County terminates the Lease prior to payment in full of the $121,000, the County shall pay the District $121,000 (or the remaining unpaid amount) within sixty days of termination. At the termination of the Lease, upon mutual agreement by the Parties, the District shall redeliver possession of the PSC and the property to the County. The District shall have the right to remove its personal property and equipment. The District also has the right to either demolish or sell the PSC to the County for fair market value or for the actual cost of construction of the PSC, whichever amount is greater. As of the writing of this Executive Summary, approval of the Lease Agreement is on the Immokalee Fire District Board Agenda of September 20, 2018. Staff recommends that approval of this item be contingent upon passage by and signature of the Immokalee Fire District Board in its current form within 90 days of the Board of County Commissioner’s approval. FISCAL IMPACT: The annual rent for the first year, in the amount of $4,033.32, and the annual rent thereafter, shall be withdrawn from the respective EMS and Sheriff’s Office General Fund (001) accounts. The $121,000 lease payment from the District shall be deposited to EMS Fund 490. In the EMS Fund 490, an FY19 Budget Amendment is necessary to recognize the lease payment from Immokalee Fire District in the amount of $121,000 and the disbursement to Ave Maria Development LLLP for the same amount. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality and requires majority vote for Board action. -JAK RECOMMENDATION: To approve and authorize the Chairman to execute the Lease Agreement with Immokalee Fire District (in accordance with the provisions specified in the Considerations Section above); to authorize impact fee credits in the amount of $337,590 to Ave Maria Development, LLLP; authorize payment of $121,000 to Ave Maria Development LLLP for site improvements, and authorize a Budget Amendment for EMS Fund 490 FY 2019 recognizing and appropriating $121,000. Prepared By: Michael Dowling, Sr. Property Management Specialist, Facilities Management Division 16.E.10 Packet Pg. 2276 09/25/2018 ATTACHMENT(S) 1. Immokalee FD Lease Agreement - Ave Maria (PDF) 2. Resolution 2014-220 (PDF) 16.E.10 Packet Pg. 2277 09/25/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.E.10 Doc ID: 6743 Item Summary: Recommendation to approve a Lease Agreement with Immokalee Fire District on County-owned property located within the Town of Ave Maria, authorize impact fee credits to Ave Maria Development, LLLP for the one-acre parcel, and authorize the disbursement of $121,000 to Ave Maria Development LLLP for site development improvements. Meeting Date: 09/25/2018 Prepared by: Title: Property Management Specialist, Senior – Facilities Management Name: Michael Dowling 09/14/2018 4:48 PM Submitted by: Title: Deputy Department Head – Public Utilities Department Name: Dan Rodriguez 09/14/2018 4:48 PM Approved By: Review: Facilities Management Toni Mott Additional Reviewer Completed 09/14/2018 5:26 PM Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 09/17/2018 9:29 AM Public Utilities Department Dan Rodriguez Additional Reviewer Completed 09/17/2018 11:03 AM Emergency Medical Services Tabatha Butcher Additional Reviewer Completed 09/18/2018 10:30 AM Administrative Services Department Len Price Level 2 Division Administrator Review Completed 09/18/2018 10:50 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/18/2018 11:42 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/18/2018 2:42 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 09/18/2018 2:52 PM County Attorney's Office Emily Pepin CAO Preview Completed 09/18/2018 3:26 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/19/2018 12:02 PM Board of County Commissioners MaryJo Brock Meeting Pending 09/25/2018 9:00 AM 16.E.10 Packet Pg. 2278 Lease # LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), dated this 25th day of September, 2018, is entered into by and between the IMMOKALEE FIRE coNTRoL DISTRICT (the "District"), 502 New Market Road East, Immokalee, Florida 34142, and COLLIER COuNTy, FLONDA (the "County"), 3335 East Tamiami Trail, Naples, Florida 341 l2 (collectively, the.,parties"). WITNESSETHI WHEREAS, the County is a political subdivision of the State of Florida; and WHEREAS, the District is an independent special district established by an act of the Florida Legislature in 1955, governed by chapter 2000-393, Laws of Floridq as amended, and Chapters 189 and l9t, Florida Statutes, and provides fire protection and prevention services and emergency medical and rescue response services to an approximately 234-square mile area in Collier County; and WHEREAS, the county is obtaining four (4) acres of land situated in collier county, Florida from Ave Maria Development, LLLP, in which three (3) acres ofthe land shall be known as the "Demised Premises." In keeping with Resolution No. l4-220, the Demised premises are intended to be developed as a multi-purpose Public Safety center C'psc) at the Town of Ave Maria ("Town") to service lhe Town and the surrounding areas with adequate fire, sheriff and emergency medical services ("EMS"); and WHEREAS, Ave Maria Development, LLLP has agreed to accepr the sum of $121,000 in connection with its costs in developing the Demised Premises; and WHEREAS, the District wishes to construct and own the PSC on the Demised premises lo be used jointly by the District, the county's EMS, and the collier county Sheriff s office("Sherifl'); and WHEREAS' the Parties recognize that the County will separately sublease a portion of the PSC that is assigned to the county to the Sheriff, and the sheriff wilt have the right to use the Common Area as further defined in this Lease; and WHEREAS, the County and District find that it is in the public interest to enter into a lease regarding the construction, operation, maintenance, and associated obligations, ofthe pSC on the Demised Premises on the terms and conditions set forth below. Now' THEREFoR-0, in considerarion of ren Dollars ($lo.o0) and other good and valuable consideration exchanged amongst the parties, and in consideration of the Jor.nurt, contained herein, the Parties hereby enter into this Lease on the following terms and conditions: 16.E.10.b Packet Pg. 2279 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property located ARTICLE l. Demised Premises and Use I . Lease of Demised Premises. The County hereby leases to the District, and the District hereby leases from the County, the Demised Premises, more specifically described in Exhibit A attached hereto and incorporared herein, for the District's sole purpose of constructing, at the District's sole cost and expense, maintaining, operating, using, and owning the pSC, with such construction being in accordance with the plans dated May 18, 2018 by Sweet Sparkman Architects, relating to Fire Station #32, attached hereto and incorporated herein as Exhibit B (the "Plans"). 2. Lease ofPSC. The District hereby leases to the County, and the County shall lease from the District, the following space within the PSC, once constructed, and as depicted on the Plans: the west half of Apparatus Bay No. 3 for one County EMS vehicle and equipment; two offices (Nos. 106 and I08); and two bunk rooms (Nos. 231 and 232) (the "County EMS/Sheriff Area"). The County shall provide its own fumiture and equipment as necessary for oftice Nos. 106 and 108 and the District shall fumish the County EMS/Sheriff Area's bunk rooms in a similar manner as the District's bunk rooms. As depicted on the Plans, the lobby, board room/training room, kitchenette, decontamination room, treatment room, stairs/elevator, kitchen, dining room, day room, fitness area, decontaminalion room, janitorial closet, bunker gear room, patio, parking area, EMS supply room, and male and female restrooms with shower facilities shall be shared by the County and the District, and shall hereinafter be referred to as the "Common Area." All other areas of the PSC shall be dedicated to the District for its sole and exclusive use (the "District Area"). 3. Additional Space within the PSC. Upon written request of the County,s need for a third bunk room due to the addition ofa second County EMS vehicle at the PSC, bunk room No. 217, as depicted on the Plans, will become a third bunk room for the County and be included in the County EMS/Sheriff Area. Upon wdtten request ofthe County's need for space for a second County EMS vehicle, the east half of Apparatus Bay No. 3 will also be included in the County EMS/SheriffArea. 4. Use of the PSC and Demised Premises. The Parties agee that each shall have the right to the sole and exclusive use of those areas of the PSC and Demised Premises dedicated to that Party, in accordance with the Plans and as described in Section 2 above. Each Party shall use its dedicated area ofthe PSC and Demised Premises in a reasonable manner so as not to infringe upon or impede the peaceful enjoyment and use of the PSC or Demised premises by the other party. This provision shall be liberally construed so as to protect each Party liom harmful activitie;, excessive noise and disturbance, and any other use which may be considered unreasonable in light of the intended use and purpose ofthe PSC or Demised Premises. The Parties covenant and agree not to use, occupy, suffer, or permit the PSC or Demised Premises or any part thereof to be used or occupied for any purpose that is contrary to law or rules or regulations ofany public authority having jurisdiction over the PSC or Demised Premises. 5. Vacant Parcel. The Parties acknowledge that the one-acre parcel of vacant land to the north of the Demised Premises ("vacant Parcel") is for the future development of a county govemmenl building. The Parties agree that the future development ofthe Vacant Parcel shall be designed to provide for shared ingrcss and egress to the Demised Premises. The desigr, operation, 16.E.10.b Packet Pg. 2280 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property and maintenance of Vacant Parcel are the sole responsibility of the County. The County agrees to design the ingress and egress to the Vacant Parcel and Demised Premises in a manner that will not affect the ability ofany fire apparatus and/or EMS vehicles to easily enter and exit the PSC. ARTICLE 2. Effective Dgte: Term l. Effective Date. The Effective Date ofthis Lease shall be September 25,2018. 2. Term. The Term ofthis Lease shall be for 30 years, which shall commence on the date the County occupies the Counly EMS/SheriffArea of the PSC (the "Commencement Date"). This Lease shall automatically renew for consecutive 30-year terms unless the Parties mutually agree to terminate the Lease in writing at least 60 days prior to the conclusion ofany 3O-year term. Any termination shall occur in accordance with the provisions of Article 13, herein, ARTICLE 3. Rent l. Rent for Demised Premises. Within ten (10) business days from the Effective date, the District shall make a one-time payment to the County in the amount of $121,000, which shall be promptly remitted to Ave Maria Development, LLLP. This payment shall be in lieu of any and all Rent by the District for the Demised Premises for both the initial and any renewal terms. 2. Rent for the PSC. Within ten (10) business days of the Commencement Date, and thereafier annually on each anniversary ofsuch date, the County shall pay the District $4,033.32 for the use of the County EMS/Sheriff Area and Common Area within the PSC (..Rent,,). This paymenl is to repay the District for its initial $121,000 payment and is in lieu ofany and all rent. Ifthe Lease is renewed, no Rent is due to the District for any additional terms. ARTICLE 4. Oneration. Maintenance. and Other Expenses l. Survey Costs for Demised Premises. The District shall pay all costs associated with a survey to define the Demised Premises; the design, permitting, site preparation, and any required govemmental fees; specialized consultants and professional services; interior and exterior materials, finishes, fixtures, and fumiture; irrigation and landscaping; and any and all construction costs associated with the PSC. 2. Cleanine of Countv EMS/Sheriff Area and Common Area. Following the Commencement Date, the County shall be responsible for cleaning the County EMS/SheriffArea and the Common Area to the written standards provided by the District to the County on an annual basis, unless no changes to such standards will be made for the upcoming year. The county shalt, at its sole cost and expense, keep the county EMs/sheriff Area clean and in good order at all times. Il in the sole discretion of the District, the County EMS/Sheriff Area is not kept clean or correct, the County will be so advised in writing. If corrective action is not taken within l0 days of such witten notice, the District will cause the county EMS/Sheriff Area to be cleaned and corrected. The County shall pay such costs incurred by the District within l0 days ofwritten notice ofthe costs incurred. For the common Area, the Parties shall be jointly cteaning such areas. 16.E.10.b Packet Pg. 2281 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property 3. Damaqe to PSC. In the event either Party causes damage to the pSC, such party shall be wholly responsible for the costs to repair such damage. However, in the event that the iounty is wholly responsible for damage ro the Psc, the District has the right to repair such damage and the County agrees to fully reimburse the District for the cost of such repairs. If the Parties arejointly responsible for damage to the PSC, the costs to repair such damage shall be apportioned 60%o to the District and 407o to the County. 4. Ooeration and Maintenance of the PSC. The District shall provide for the operation and maintenance ofthe PSC, including, but not limited to, parking lot and roadway maintenance; exterior cleaning and painting; landscaping; signage; trash services; pest control; all utility charges including, but not be limited to, electricity, heating and air conditioning, water, sewer, tilephone, and communications services; and all building maintenance and improvements, used and rendered or supplied thereupon, or in connection with the PSC (collectively, "Utilities"). The county will pay the District 40% ofthe cost ofthe Utilities as its fair share for both rhe EMS and the Sniriffs operations. Payment shall be as follows. within (10) business days of the commencement Date, the County shall pre-pay $5,800.00 to the District for Utilities, which represents 40% ofthe totsl estimated annual cost for Utilities for the first year of the Lease. Within thirty (30) days of the end of the first year of the Lease, the District will calculate the actual costs for UtilitieJ for the first year. The county shall pre-pay the following year's Utilities based on 40% of first year's acfiral costs, with an adjustment for overpayment or underpayment based on the actual costs. Utilities shall be calculated, adjusted and paid in the same manner thereafter through the initial and all renewal rerms of this Agreement. on the final year or partial year of this Agreement, any adjustment for overpayment of underpayment shall be accounted for within 30 days of the termination of this Agreement, and the Party who owes the other shall promptly pay the other the adjusted amount. 5. capital Imorovements. Any replacement, restoration, cleaning or repair ofportions of the PSC or the Demised Premises, the cost of which exceeds s2,500.00, will be considered capital Improvements. capital Improvements shall be administered by the District. A capital Improvement Maintenance Plan ("clM Plan") shall be created and agreed to by the parties iriorto commencement of construction of the PSC and Demised premises. The cIM plan will specifi how payments for such Capital Improvements will be made, and will designate items for periodic maintenance and replacement to include, without limitation, work items such as exterior painting; sidewalks and sidewalk repair; roof maintenance and repair; resurfacing of parking and traffic areas; and maintenance ofjoint access roads, etc. The CIM Plan will also eitablish a w6rk schedule for the maintenance ofthese items. Notwithstanding, ifagreement on the cIM plan is not reached, the District is authorized to begin construction on the pSC and Demised premises. 6. Liabilitv. The District shall not be liable for any failure of water supply or electric current or any service by any utility, nor for injury or damage lo persons, including death, orproperty caused by or resulting from such failure or from steam, gas, electricity, watir, or rain, which may flood or leak from any part of the pSC or Demised premises. l. Coung Modification of Demised premises. The Premises, excluding the PSC, to accommodate the future County may modify the Demised needs of the County's operation. 16.E.10.b Packet Pg. 2282 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property However, if the Demised Premises are modified by the County, the County agrees that they shall have no impacl to the District's operation and use ofthe Demised Premises, including the PSC. 2. District Modification of PSC or Demised Premises. The District may make modifications, alterations, additions, or improvements (collectively, "modificalions") to the PSC or Demised Premises. However, prior to making any modifications to the PSC or Demised Premises, including the PSC, the District will provide to the County all proposals and plans for such modifications, specifying in writing the nature and extent of such modifications, as well as the contemplated starting and completion time for such modifications. If, after 30 days, the County has not responded to the District's proposals or plans, such silence shall be deemed as an approval and the District may proceed with its proposed or planned modifications. 3. Compliance with Law. In connection with any modifications to the PSC or Demised Premises, the Parties covenant and agree to observe and comply with all applicable federal, state, and local [aws, ordinances, rules, regulations, and requirements. ARTICLE 5. Access to Demised Premises The County, its duly authorized agents, representatives, invitees, contractors, and employees, shall have the right to enter into and upon the Demised Premises, excluding the District Area, bunkrooms, male and female restrooms, and showers or any part thereof at all reasonable hours without obtaining prior approval by the District for the purposes of inspection for compliance with the provisions ol this Lease. Should the County wish to inspect for compliance any other portion ofthe PSC, it must provide the District with at least five (5) days' written notice prior to access. ARTICLE 7. Assiqnment snd Sublettine Excepl for the subleasing by the County to the Sherill neither Party shall assign this Lease or attempt to sublet the whole or any part of the PSC or Demised Premises, or permit any other person(s) to occupy same without the expressed prior written consent ofthe other party. Any such assignment or subletting, even with the consent of the other Party, shall not relieve either Party from liability for payment of rent or other sums due and owing 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 consent to the assignment ofthis Lease or sublefting of the pSC or Demised Premises. Any such attempt shall be null and void. Notwithstanding, if the District merges or consolidates with another govemmental entity, this lease shall be assigned to the successor entity withoul further actions by the Parties. This provision does not preclude the District fiom renting the board/training Room and kitchenette for meetings or usi by outside organizations in accordance with District policy. ARTICLE E. Indemnitv To the extent provided by law, the Parties agree to hold harmless, indemnify, and defend the other Party including its agents, officers, directors and employees for any and all claims, losses, penalties, demands, judgments, costs ofsuits, including attomey's fees, for any expense, damage 16.E.10.b Packet Pg. 2283 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property located or liability incuned, whether for pemonal injury, property damage, direct or consequential damages, or economic loss arising directly or indirectly arising from or in connection with the use ofthe Demised Premises under the terms oflhis Lease, except for such damage or liability which is caused solely by the negligence ofthe other Party. This indemnification shall not be deemed a waiver of any limitation of liability to which either Party may be entitled under Florida Statutes, including but not limited to Section 768.28, Florida Statutes. ARTICLE 9. Insurence The Parties shall each maintain insurance coverage in the minimum amounts and types as required under State law. The Pa(ies agree that either Party may be self-insured on the condition that all self-insurance(s) must comply with all State laws and regulations. ARTICLE 10. Noncomoliance or Default bv the District l. Non-Comoliance bv District. In the event of non-compliance by the District with any ofthe terms and conditions ofthis Lease, the County shall provide the District with written notice stating the non-compliance. In the event that the District fails to remedy any non-compliance within ninety (90) days from the date ofreceipt ofthe County's written notice, the non-compliance shall constitute a default whercby the County may, at its option, terminate this Lease. Upon default, the County shall give the District thirty (30) days' written notice stating that the Lease will be terminated unless the default is fully cured within that thirty (30) day notice period, or such additional time as is reasonably required to correct such default. 2. Default. In the event ofthe occurrence ofa default, the Counly, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all penons and tangible property from the Demised Premises. Such tangible property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of the District, all without service ofnotice or resort to legal process and withoul being deemed guilty of trespass, or being liable for any loss or damage which may be occasioned thereby. The disposition of the PSC will be addressed in accordance with the provisions of Article 13, herein. 3. Liens. Ifa lien is filed against the leasehold interest ofthe District and is not removed within thirty (30) days pursuant to the Florida Mechanics Lien Law or otherwise, the County may at its option terminate this Lease after providing thirty (30) days' written notice to the District. 4. Construction. If the District fails to commence construction of the PSC within two (2) years ofthe Effective Date, the County may terminate this Lease by providing thirty (30) days' written notice to District in the event the Parties cannot mutually agree upon an acceptable extension time frame. The County shall pay the District the sum of$|21,000 within sixty (60) days oltermination pursuant to this section. ARTICLE I l. Noncomoliance or Defeult bv the Countv l. Non-Comoliance by Countv. In the event of non-compliance by the County with any ofthe terms and conditions of this Lease, the District shall provide the County with written notice stating the non-compliance. In the event that the County fails to remedy any non-compliance6 16.E.10.b Packet Pg. 2284 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property within ninety (90) days from the date of the receipt of the District's written notice, the non- compliance shall constitute a default whereby the District may, at its option, terminate this Lease. Upon default, the District shall give the County thirty (30) days' written notice stating that the Lease will be terminated unless the default is fully cured within that 30-day notice period, or such additional time as is reasonably required to correct such default. 2. Default. In the event ofthe occurrence ofa default, the District, in addition to any other rights and remedies il may have, shall have the immediate right to re-enter and remove all persons and tangible propeny from the County EMs/SheriffArea. Such tangible property may be rcmoved and stored in a public warehouse or elsewhere at the cost ofand for the account ofthe County, all without service ofnotice or resort to legal process and without being deemed guilty oftrespass, or being liable for any loss or damage which may be occasioned thereby. The disposition ofthe PSC will be addressed in accordance with the provisions of Article 13, herein. ARTICLE 12. Notices Any notices which the Parties may be required to give one another shall be in writing to the other Party at the following addresses: To the County: Board of County Commissioners c/o Real Property Management 3335 Tamiami Trail East, Suite l0l Naples, Florida 341l2 To lhe District: Immokalee Fire District 502 New Market Road East Immokalee, Florida 34 I 42 ARTICLE 13. Termination: Surrender of Premises: Disposition of the PSC l. Surrender of Premises. Unless otherwise mutually agreed to by the Parties, within thirty (30) days afler termination or expiration ofthe Lease term, and any renewals thereto, the District shall redeliver possession ofthe Demised Premises to the County in good condition and repair. At any rime during its occupancy ofthe Demised Premises, the District shall have the right to remove any of its personal property, equipment, and signs. 2. Disposition of PSC. With respect to the PSC, upon the termination or expiration of this Lease. the District may either demolish and remove the PSC and any and all other improvements made to the Demised Premises, restoring the Demise Premises back to the condition it was in bctirrc construction ol' thc PS(). or may sell to the County the PSC and any and all other improvements for either fair market value or the actual cost of construction of the PSC and the Demised Premises, whichever is greater. ARTICLE 14. General Provisions l. Incorporation bv Reference. The foregoing Whereas clauses are true and correct and are incorporated by reference into this Lease. 16.E.10.b Packet Pg. 2285 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property 2. Authorizations. The Parties repr€sent that the individuals who have signed this Lease have the actual legal power, right, and authority to enter into this Lease and bind each respective Party. 3. Bindine Effect. This Lease will be binding upon and inurc to the benefit of the Parties and their successors and assigns. 4. Waiver of Defaull. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefi! privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise. 5. Interference. The Parties agree to refrain from any and all use ofthe PSC or Demised Premises that would interfere with or adversely aflect the operation or maintenance of the other Party's operations, where any such operations share the Common Area or otherwise. 6. Reservation of Rishts. Any rights not specifically granted to the District by this Lease conceming the Demised Premises are hereby reserved to the County. Any rights not specifically granted to the County by this Lease conceming the PSC are hereby reserved to the District. 7. Taxes. If applicable, the District agrees to pay all taxes imposed on the leasehold interest or otherwise related to the rental ofthe Demised Premises to the extent applicable under law. If applicable, the District agrees to pay all intangible personal property taxes that may be imposed due to the creation, by this Lease, ofa leasehold interest in the Demised Premises or the District's possession of said leasehold interest in the Demised Premises. 8 . Entire Agreement. Thi s Lease constitutes the entire agreement between the Parties and, unless otherwise provided herein, may be amended only in writing, and must be signed by both Parties. ARTICLE 15. Environmental Concerns The Parties represent, warrant and agree to indemnifu, reimburse, defend, and hold harmless the other Party from and against all costs (including attomeys'fees and all appeals) asserted against, imposed on or incurred by either Pa(y directly or indirectly pursuant to or in connection with the application ofany federal, state, local or common law relating to pollution or harm to the environment. ARTICLE 16. Radon Gas ln compliance with Section 404.056, Florida Statutes, all parties are hereby made aware of the following: Radon is a naturally occuning 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 16.E.10.b Packet Pg. 2286 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your County Public Health Department. ARTICLE 17, Securitv The District fully understands that the police and law enforcement security protection provided by law enforcement agencies to the Demised Premises is limited to that provided to any other business or agency situated in collier county, and the county acknowledges that any special security measures deemed necessary for additional protection of the Demised Premises shall be the sole responsibility and cost ofthe County and shall involve no cost or expense to the District. ARTICLE lE, Extent of Liens All persons to whom these presents may come are put upon notice that no interest of the County in the Demised Premises shall be subject to liens for improvements made by the District, also liens for improvements made by the District are specifically prohibited from attaching to or becoming a lien on the interest of the County in the Demised Premises or any par"t of either. This notice is given pursuant to the provisions of and in compliance with Section 7t3.10, Florida Statutes. ARTICLE 19. Disnute Resolution: Remedies: Attonrev's Fees Before the commencement ofany legal proceedings, in the event that the Parties disagree regarding the interpretation of this Lease, or the fulfillment of obligations required hereunder, either Party must first request in writing a meeting, to occur within thirty (30) days ofsuch written notice, in which the disagreement will be discussed by the District's Chief and the County's Manager. Should the dispute not be resolved within thirty (30) days of such meeting, the Chair of the District's Board of Fire Commissioners and the Chair of the County's Commission shall meet within thirty (30) days in an effort to resolve the dispute. Should the dispute still not be resolved within thirty (30) days of the Chair's meeting, the Parties may then pursue their legal remedies. This Lease may be enforced by the Parties in any manner authorized by law, and does not preclude any Party from seekingjudicial or administrative remedies for violation ofthe terms and conditions ofthis Lease. Eachparty shall bear its own costs and attomey's fees related to this matter. ARTICLE 20. Governins Law: Severebilitv l. Governins Law. This Lease shall be govemed by, and construed in accordance with, the laws ofthe State of Florida, and venue shall lie in Collier County, Florida. 2' Severabilitv. Ifany term, covenant, or condition of this [case or the application thereof Io any person or circumstances will, to any extent, be deemed lawfully invalid or unenforceable, the remainder of this Agreement or the application ofsuch term, covenant, or condition to persons or circumstances other than those as to which it is hetd to be invalid or unenforceable, wili not be afl'ected thereby and each term, covenant, and condition of this Lease will be valid and enforced to the fullest extent permitted by law.916.E.10.b Packet Pg. 2287 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property located ARTICLE 21. Execution This Lease may be signed in counterparts ]NV/1WESS WHEREOF,the parties hcrcto have hcreunder set forth their hands and seals IMMOKALEE FIRE CONTROL DISTRICT WI羽ヽESSES: Pint Nalne/Titic Print Name Date: Print Name ATTEST: Crystal K Kinzel,Clcrk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY,FLORIDA By: ANDY SOLIS,CHAIRMAN Date: , Deputy Clerk Ind legality: 10 By: 16.E.10.b Packet Pg. 2288 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property Exhibit`A' Demised Premises 3.0 acres Town of Ave Maria Public Safety Center Immokalee Fire, Collier County EMS and Collier County Sheriffs Office 16.E.10.b Packet Pg. 2289 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property lMMOKALEE FIRE CONttROL DISttR!C丁 FIRE SttA丁 !ON#32-AVE MARIA TABLE OF CONTENTS ARCH:TECTURAL SIIE LOCATIOI{ TAP ARCHITECT CML EiIGI}IEER STRUCTURAL E[GtilEER XIEPF ET{GINEER FIRE PROTECNO}T EilGIilEER NCEffiB@E ffig,ffi*" sH,ffi..ffi.,H* ruT.ffi,ffi*,- OWNER GEilERALCONTRACTOR rroeE&ffid!ft rleaa Rsro bE:ffE&r*rcPl.sUYUEWOMDMB SPARKMAN 16.E.10.b Packet Pg. 2290 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire 柵寸…S:湧D :｀｀ヽヽュ 16.E.10.b Packet Pg. 2291 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property 瘍叫…S磐雪:讐8 さ8 讐=§° ヽュ難菫 |||||||||||| | I L―――――――――一 ―――――→}――――一――ED―――――――― |`|□:16.E.10.b Packet Pg. 2292 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property 絣r猾「mS10 彎曖|:』霧 ―-0 鋼|辟 16.E.10.b Packet Pg. 2293 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property located f輻猾 m¨10善要 §:』 ∪ 難膠0 ⊂0≧難証_ゝ ⇒ ―Ш →J――一――― .:::i:|:lil 魃 | : 誇贔!|↓[:メ||16.E.10.b Packet Pg. 2294 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property C器鶴汗墜型興Y C― … 熾_言言:8:::……|―l―1871 …|●lmJ ―t…=― … ―Ч」おゆ ……麟 16.E.10.b Packet Pg. 2295 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire 菫 ]:||:| [貫 :受 …∥軍欄み||16.E.10.b Packet Pg. 2296 Attachment: Immokalee FD Lease Agreement - Ave Maria (6743 : Lease Agreement with Immokalee Fire District on County-owned property RESOLUTION NO. 14 -220 RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA PURSUANT TO SECTION 380.115(1)(b), FLORIDA STATUTES, APPROVING THE APPLICATION FOR RESCISSION OF THE TOWN OF AVE MARIA DEVELOPMENT OF REGIONAL IMPACT; PROVIDING FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING FOR APPROVAL OF THE RESCISSION OF THE DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER, AND COMPLIANCE WITH POST- RESCISSION DEVELOPMENT WITH COUNTY REGULATONS; PROVIDING FOR CONDITIONS; PROVIDING FOR RECORDATION; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED NORTH OF OIL WELL ROAD AND WEST OF CAMP KEAIS ROAD IN SECTIONS 31 THROUGH 33, TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTIONS 4 THROUGH 9 AND 16 THROUGH 18, TOWNSHIP 48 SOUTH, RANGE 29 EAST IN COLLIER COUNTY, FLORIDA. PETITION DRIABN-PL20130002016] WHEREAS, the Board of County Commissioners of Collier County, Florida approved Resolution No. 05-235 (Development Order No. 05-01) which approved a Development of Regional Impact (DRI) known as the Town of Ave Maria DRI on June 14, 2005; and WHEREAS, the real property which is the subject of the Development Order is legally described and set forth as Exhibit A to Resolution No. 05-235 (Development Order No. 05-01), as amended, to correct a scrivener's error by Resolution No. 05-377 adopted on November 1, 2005 (the "Property"); and WHEREAS, the Town of Ave Maria DRI was amended by Resolution No. 08-153 Development Order 08-01) which revised the Development Order relative to the Affordable Housing Section and by Resolution No. 11-132 (Development Order 11-03) which revised Development Order Exhibit "C" and Map "H" by dividing Town Center 2 into Town Center 2a and Town Center 2b, relocating Town Center 2b to Oil Well Road, and relocating an access point on Oil well Road; and 14-CPS-01325/1115227/1] 76 Ave Maria1DRIABN-PL20130002016 1 of 6 Rev. 9108/14 Cq 16.E.10.c Packet Pg. 2297 Attachment: Resolution 2014-220 (6743 : Lease Agreement with Immokalee Fire District on County-owned property located within Ave Maria) WHEREAS, Section 380.115(1)(b), Florida Statutes, provides the procedure for rescission of a development of regional impact; and WHEREAS, Ave Maria Development, LLLP, as Developer and original Developer for the DRI, has applied to the Board of County Commissioners to rescind the Town of Ave Maria Development of Regional Impact pursuant to the above-referenced Statute; and WHEREAS, all owners of property within the Town of Ave Maria DRI have not consented to said rescission; and WHEREAS, the Southwest Florida Regional Planning Council considered the application; and WHEREAS, the Florida Department of Economic Opportunity has reviewed the application; and WHEREAS, all required public notices for hearings on the application have been published; and WHEREAS, the Collier County Planning Commission has conducted a public hearing on September 4, 2014 and recommended the approval of the application to rescind the Town of Ave Maria DRI and the Development Order and recommended the adoption of this Resolution rescinding the DRI and the Development Order. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: RECITALS. The Recitals in the preceding "Whereas" clauses are true and correct and are incorporated herein by reference as if repeated verbatim herein. SECTION TWO: RECESSION APPROVED. The application for the rescission of the Town of Ave Maria Development of Regional Impact and the Development Order is hereby approved in accordance with this Resolution. SECTION THREE: CONDITIONS. The following conditions will apply to any future development of the Property and will run with the Property unless and until they are modified or repealed by subsequent resolutions of the County: 14-CPS-01325/1115227/1] 76 Ave Maria/DRIABN-PL20130002016 2 of 6 Rev.9/08/14 C;4 16.E.10.c Packet Pg. 2298 Attachment: Resolution 2014-220 (6743 : Lease Agreement with Immokalee Fire District on County-owned property located within Ave Maria) HISTORICAL AND ARCHEOLOGICAL SITES The research used for the ADA will be utilized to develop text for a historical marker commemorating the Second Seminole War activities, which will be placed at an appropriate location within Ave Maria. The historical marker, size, content, and location will be subject to approval by Zoning Services Historical Review staff. This marker will be installed by no later than December 31, 2014. EDUCATION Notwithstanding the abandonment of the DRI, upon request by the School District, (but in no event later than June 1st, 2020, unless such date is extended by the School District in writing, at its discretion) the Developer shall dedicate approximately 60 developable acres for a high school and ancillary facilities, outside the Town of Ave Maria and in a location requested by the School District staff that is approximately two (2) miles west of Camp Keais Road, north of Immokalee Road and generally situated in Sections 20, 21, or 22 in Township 47, Range 28 of Collier County, Florida or in another location that is agreeable to both Developer and the School District. The School District's acceptance of the dedicated site shall be contingent upon a satisfactory feasibility study demonstrating that the land is suitable for the School District's intended use as a high school site with appropriate environmental conditions, useable acreage and direct legal access to a public right-of-way. The Developer shall receive educational impact fee credits in exchange for the dedicated site as set forth in a Tri-party Developer Contribution Agreement including the Developer, the School District and Collier County) with the amount determined in accordance with a mutually agreed land appraisal valuation for the dedicated site. POLICE AND FIRE PROTECTION A. Developer shall assist in the development, building, and funding of a Multi- purpose Public Safety Center to house emergency response personnel and equipment to ensure that the development does not dilute the existing emergency services in Immokalee and surrounding communities. B. Developer has committed to provide a temporary public safety facility and a minimum of three acres of property for a permanent joint facility which will meet the needs of the Immokalee Fire District, Collier Emergency Medical Services, and the Collier Sheriff's Department as the Town grows. In addition to the commitment to dedicate a minimum of three acres for a joint facility to 14-CPS-01325 1 I 15227/I] 76 Ave Maria/DRIABN-PL20130002016 3 of 6 Rev. 9/08/14 16.E.10.c Packet Pg. 2299 Attachment: Resolution 2014-220 (6743 : Lease Agreement with Immokalee Fire District on County-owned property located within Ave Maria) house EMS/Fire Station/Sheriff sub-station, Developer agrees to reserve an additional one acre site within the Town for "Government Building(s)" adjacent to the joint facility. This site shall be reserved by Developer until development of whichever is the latter in time: 75% of the total number of residential dwelling units or 75% of total area of non-residential uses; as measured at time of building permit approvals. If such a commitment is not exercised by timely notice from the County to the Developer as stated immediately above, then this one acre site reservation shall terminate. The one acre site shall be dedicated to the County in exchange for impact fee credits upon the County committing to construct a "Government Building(s)" facility by identifying same within the County's CIP. SECTION FOUR: FINDINGS OF FACT. The Board of County Commissioners hereby makes the following findings of fact: 1. Developer owner requested the rescission of the Development Order because circumstances and the DRI law have changed such that development within a rural land stewardship area created under Section 163.3248, F.S. is now exempt from the DRI review. 2. The Town of Ave Maria Stewardship Receiving Area (the "SRA") created by Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A on June 14, 2005, as amended are within the Rural Land Stewardship Area Overlay. 3. Under Section 163.3248(11), F.S., the rural land stewardship area located in Collier County is "to be recognized as a statutory rural land stewardship area". 4. Under Section 380.115, F.S., a development that has a DRI Development Order, but is no longer required to undergo DRI review because it is now exempt under 380.06(24) shall be rescinded by the local government upon a showing that required mitigation will be completed under an existing permit or equivalent authorization by the county provided such permit or authorization is subject to enforcement through administrative and judicial remedies. 5. The amount of development constructed to date is approximately 552 residential dwelling units, 145,843 square feet of retail/service, 333,442 square feet of office development, and university buildings and student housing have been completed to date. Additionally, lands have been developed for infrastructure, water management facilities, parks and open space uses in accordance with the approved DRI and SRA master plans. 6. The development proposed after rescission shall comply with (1) the provisions of Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A on June 14, 2005, as amended, (`the SRA Documents"), which are the Planned Development Document for the Town of Ave Maria Stewardship Receiving Area; 114-CPS-01325/1115227/11 76 Ave Maria/DRIABN-PL20130002016 4 of 6 Rev. 9'08/14 16.E.10.c Packet Pg. 2300 Attachment: Resolution 2014-220 (6743 : Lease Agreement with Immokalee Fire District on County-owned property located within Ave Maria) 2) the conditions set forth in Section Three of this Resolution; (3) the Collier County Land Development Code, as it may be amended; and (4) all Developer Contribution Agreements and other applicable agreements between Collier County and Ave Maria Development, LLLP. 7. Other impacts of the development proposed after rescission will be adequately mitigated by compliance with the provisions of the SRA Documents and the Collier County Land Development Code. This includes, but is not limited to, the payment of all required impact fees, and compliance with the County's Concurrency Management System. 8. The rescission will have no adverse impact upon, and is consistent with, the Collier County Growth Management Plan and land development regulations. SECTION FIVE: CONCLUSIONS OF LAW: The Board of County Commissioners hereby makes the following conclusions of law: 1. The Town of Ave Maria DRI is eligible for rescission because the development within a rural land stewardship area created or recognized under Section 163.3248, F.S. is now exempt from review under Section 380.06(24)(m), F.S. 2. The development proposed after rescission is consistent with the Collier County Growth Management Plan and Land Development Code, and does not need to be authorized as a development of regional impact to proceed. 3. The development proposed after rescission is consistent with the Collier County Growth Management Plan and land development regulations so long as the post- rescission development complies with the SRA Documents and the Collier County Land Development Code. 4. The proposed development after rescission will be consistent with the State Comprehensive Plan, the State Land Development Plan, and the Southwest Florida Regional Policy Plan. SECTION SIX: APPROVAL OF RESCISSION OF DRI, REPEAL OF DRI DEVELOPMENT ORDER, AS AMENDED, AND COMPLIANCE OF POST RESCISSION DEVELOPMENT WITH COUNTY REGULATIONS. 1. The application to rescind the Town of Ave Maria Development of Regional Impact is hereby approved, subject to the terms and conditions herein. 2. The Town of Ave Maria Development of Regional Impact and Development Order 05-01, as amended, is hereby rescinded in its entirety and shall be of no further force or effect. 14-CPS-01325/1115227/1] 76 Ave Maria/DRIABN-PL20130002016 5 of 6 Rev. 9/08/14 Cq 16.E.10.c Packet Pg. 2301 Attachment: Resolution 2014-220 (6743 : Lease Agreement with Immokalee Fire District on County-owned property located within Ave Maria) 3. The development proposed after rescission shall comply with (1) the provisions of Resolution No. 2004-89 adopted on March 23, 2004 and Resolution No. 2005-234A on June 14, 2005, as amended, (`the SRA Documents"), which are the Planned Development Document for the Town of Ave Maria Stewardship Receiving Area; 2) the conditions set forth in Section Three of this Resolution; (3) the Collier County Land Development Code, as it may be amended; and (4) all DCA and applicable agreements between Collier County and Ave Maria Development, LLLP. 4. The terms and conditions of this Resolution shall be binding upon the Owners and their assigns or successors in interest. SECTION SEVEN: SEVERABILITY. If any section, sentence, clause or phrase of this Resolution is held invalid or unconstitutional by any court of competent jurisdiction, said holding shall in no way affect the validity of the remaining portions of this Resolution, and the remainder of this Resolution shall remain in full force and effect. SECTION EIGHT: RECORDATION. Ave Maria Development, LLLP shall pay for the recording of this Resolution in the Official Land Records of Collier County. SECTION NINE: EFFECTIVE DATE. This Resolution shall take effect as provided by law. This Resolution adopted this i LPL1•. day of 0(_'-? o hQ r"2014 after motion, second and majority vote. ATTEST: BOARD OF CO I TY COMMISSIONERS DWIGHT E. BROCK, CLERK COLL R CO/TY, FLORIDA D P. • h. D `ut Clerk TOM ENN ., Chairman Attes as to Chairman s i signature only. Appr ved as to form and legality: Heidi Ashton-Cicko v Managing Assistant County Attorney 14-CPS-01325/1115227/1] 76 Ave Maria/DRIABN-PL20130002016 6 of 6 Rev. 9'08/14 9 16.E.10.c Packet Pg. 2302 Attachment: Resolution 2014-220 (6743 : Lease Agreement with Immokalee Fire District on County-owned property located within Ave Maria)