Backup Documents 10/25/2011 Item #16E5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16E5
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sip-nature. draw a line through routine lines #I through #4- complete the checklist- and fnrward to Sue Filson (line f i)
Route to Addressee(s)
(List in routing order)
Office
Initials
Date
1.
/
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Agenda Item Number
/
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2.
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Number of Original
3.
S l I-�r
Documents Attached
4.
by the Office of the County Attorney. This includes signature pages from ordinances,
5. Ian Mitchell, BCC Office
Supervisor
Board of County Commissioners
1 3 +''
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6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.
Name of Primary Staff
Contact
(n �� c h 0, e l_ U It
Phone Number
P
7 -7 3
Agenda Date Item was
Approved by the BCC
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Agenda Item Number
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Type of Document
Attached
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Number of Original
S l I-�r
Documents Attached
INSTRUCTIONS & CHECKLIST
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate,
(Initial)
Applicable)
I.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and*signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County- Attorney's
r
Office and all other parties except the BCC Chairman and the Clerk to the Board
/Y
3.
The Chairman's signature line date has been entered as the date of BCC approval of the,
document or the final negotiated contract date whichever is applicable.
4.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mithchell in the BCC office within 24 hours of BCC approval.
YI /
Some documents are time sensitive and require forwarding to Tallahassee within a certain
/1
time frame or the BCC's actions are nullified. Be raruf xour deadlines!
6.
The document was approved by the BCC on 1611, t (enter date) and all changes
made during the meeting have been incorporat d in he attached document. The
County Attorney's Office has reviewed the changes, if applicable.
' •
is Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9.18.09
16e5
MEMORANDUM
Date: November 3, 2011
To: Michael Dowling, Property Acquisition Specialist
Facilities Management Department
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: The First Amendment to a Parking License Agreement
with Vanderbilt Real Estate Holdings, LP for property used
to temporarily park beach maintenance equipment
Attached is an original copy of the document referenced above, (Item #16E5)
approved by the Board of County Commissioners on October 25, 2011.
The Minutes and Record's Department will hold the second original agreement
amendment for the Board's Official Record.
If you have any questions, please contact me at 252 -8406.
Thank you.
Attachment
FIRST AMENDMENT TO PARKING LICENSE AGREEMENT
16E5
Lease #CZM 100
THIS FIRST AMENDMENT TO PARKING LICENSE AGREEMENT entered into this _T day of
a /7 . 2011 at Naples, Collier County, Florida, by and between VANDERBILT REAL
ESTATE HOLDINGS, LP, whose mailing address is 15 South 5 "' Street, Suite 900, Minneapolis, Minnesota
55402, hereinafter referred to as "LICENSOR ", and the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, whose mailing address is 3335 East Tamiami Trail, Suite 101, Naples, Florida 34112,
hereinafter referred to as "LICENSEE ".
WiTNESSETH
WHEREAS, LICENSOR and LICENSEE have previously entered into a Parking License Agreement dated January
27, 2009, which is attached hereto and made a part hereof this First Amendment to Parking License Agreement;
WHEREAS, the LICENSOR and LICENSEE are desirous of amending the Parking License Agreement; and
NOW THEREFORE, in consideration of the covenants and agreements provided within said Parking License
Agreement dated January 27. 2009, hereinafter referred to as "Agreement ", and Ten Dollars ($10.00) and other
valuable consideration, is hereby amended as follows:
1. The following provision shall be added to item 3 of the Agreement:
This Agreement is hereby extended until October 31, 2012. LICENSEE shall have the option to extend the
Agreement for an additional one (1) year following the October 31, 2012 expiration date by providing
LICENSOR with thirty (30) days prior written notice of LICENSEE'S intention to renew at the address set
forth in item3 below.
The LICENSSE and LESSOR shall have the right to terminate this Agreement at any time by providing thirty
(30) days prior written notice of such termination to the other party at the address set forth in item 3 below.
Said notice period shall be effective upon placement of the written notice in an official depository of the
United States Post Office, Registered or Certified Mail, Postage Prepaid or by any overnight mail service.
2. The following provision shall be added to item 2 of the Agreement:
The monthly rent beginning November 1, 2011 shall be $575.00 for the first full year of the renewal ten-n.
Monthly rent shall be mailed to Vanderbilt Real Estate Holding, LP, 15 South 5 "' Street, Suite 910,
Minneapolis, MN 55402. Monthly rent is due at the aforementioned address by the first day of each month.
Failure to pay said rent by the 4 "' day of each month shall result in a penalty charge of $20 per day, staring
retro to the fired day of the month.
3. Notices to the parties:
To LICENSOR:
Vanderbilt Real Estate Holdings, LP
15 South 5 "' Street, Suite 910
Minneapolis, MN 55402
To LICENSEE:
Board of County Commissioners
c/o Real Property Management /Leasing Agent
3335 East Tamiami Trail, Suite 101
Naples, Florida 34112
16E5
4. Except as expressly provided herein, the Parking License Agreement between Vanderbilt Real Estate
Holdings, LP, and Collier County, a political subdivision of the State of Florida, dated January 27, 2009
remains 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 LICENSOR and LICENSEE have hereto executed this First
Amendment to Parking License Agreement the day and year first above written.
AS TO THE LICENSEE:
ATTEST:
DWIGHT L.41'. 6M— Clerk
r�
By Ci�c
Doputy=C ..
AS TO THE LICENSOR:
DATED: /p • 7- /(
WAWess (Signature)
(Print Name)
- oeo�cl
Witness (Signature)
r yy'4,c & burr ZSOK
(Print Name)
Approved as to form and legal sufficiency:
Jennifer B. Write, Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY: `/' u� W.
FRED W. COYLE, Chairman
VANDERBILT REAL STATE HOLDINGS, LP
BY: SA /"I
GARY M.'JONEW, Treasurer
Vanderbilt Enterprises, Inc., General Manager for
Vanderbilt Real Estate Holdings, LP
16E5
C z- f �
PARKING LICENSE AGREEMENT
�'='
THIS LICENSE AGREEMENT ( "Agreement "), made and entered into this_ day of
2009, by and between Vanderbilt Real Estate Holdings, LTD whose address or principal place
of business is 15 South 5th Street #900, Minneapolis, Minnesota 55402 hereinafter referred to as
"Licensor ", and Collier County a political subdivision of the state of Florida whose address or
principal place of business is 3301 Tamiami Trial East Naples, FL 34112 hereinafter referred to
as "Licensee ".
In consideration of the mutual promises hereunder, the parties agree as follows:
Licensor hereby grants Licensee a non - exclusive license to park its vehicle(s) in the
parking area delineated on the site plan attached hereto and made a part hereof as
Exhibit "A" ("Licensed Premises "). Only a license to park is granted hereby. No bailment
is created.
2. For the first year of Licensee's use of the Licensed Premises, Licensee agrees to pay
Licensor a monthly license fee in the amount of $500.00. The monthly license fee will
increase to $525.00 per month in the second year of this agreement and $550.00 in the
third year of this agreement. Monthly license fees are to be mailed to Welsh Companies
FL, Inc. 2400 9'h Street North #101, Naples, FL 34103. Monthly license fees are due the
first of each month. Failure to pay license fee by the 51" day of each month shall result in
a penalty charge of $15.00 per day.
3. This Agreement shall commence on the I" day of November, 2008 and terminate on the
31st day of October, 2011. Either party may terminate this Agreement after the first 12
months of the initial term with thirty (30) days prior written notice. If the term herein
commences on a day other than the first day of a calendar month, Licensee shall pay to
Licensor the prorated fee for the number of days that exist prior to the first day of the
succeeding month with a similar adjustment being made at the termination of this
Agreement. Should Licensee utilize the Licensed Premises after the termination date
without the benefit of a fully- executed and current Agreement it shall be deemed to be a
license from month to month at the monthly license fee specified in section 2, subject to
all of the other terms of this Agreement.
4. Notices shall be sent by U.S. registered or certified mail, return receipt requested, and
shall be deemed effective upon posting in the U.S. mail depository with sufficient postage
attached thereto. Notices shall be sent to the following addresses:
Licensor: c/o Welsh Companies FL, Inc.
2400 91" Street North #101
Naples, FL 34103
Page 1 of 4
Licensee: Board of County
Commissioners c/o Real Estate Services
3301 Tamiami Trial East
Admin. Building
Naples, FL 34112
5. Licensee shall, unless specified herein to the contrary, maintain the Licensed Premises in
good repair during the term of this Agreement. Licensee shall keep the Licensed
Premises free from obstructions and shall not impede access to the Licensed Premises.
6. Licensor warrants and represents to be the owner of, or the authorized representative or
agent of the owner of, the Licensed Premises with full power and authority to execute this
Agreement.
7. The laws of the State of Florida and rules and regulations issued pursuant thereto shall
be applied in the interpretation, execution and enforcement of this Agreement. Any
provision of this Agreement, whether or not incorporated herein by reference, which
provides for arbitration by any extra - judicial body or person or which is otherwise in
conflict with said laws, rules and regulations shall be considered null and void. Nothing
contained in any provision incorporated herein by reference which purports to
negate this or any other provision in whole or in part shall be valid or enforceable
or available in any action at law whether by way of complaint, defense or
otherwise. Any provision rendered null and void by the operation of this provision will
not invalidate the remainder of this Agreement to the extent that this Agreement is
capable of execution.
8. If the Licensed Premises shall be taken by right of eminent domain, in whole or in part,
then this Agreement, at the option of either party, shall forthwith cease and terminate and
the license fee shall be properly apportioned to the date of such taking.
9, in the event the Licensed Premises are rendered unfit for Licensee's purposes by fire or
other casualty, this Agreement will immediately terminate and no license fee shall• accrue
to Licensor from the date of such fire or casualty. In the event the Licensed Premises are
damaged by fire or other casualty so that there is partial destruction of the Licensed
Premises or such damage as to render the Licensed Premises partially unfit for
Licensee's purposes, either party may, within five (5) days of such occurrence, terminate
this Agreement by giving written notice to the other party. Such termination shall be
effective not less than fifteen (15) days from the date of mailing of the notice. License
fees shall be apportioned to the effective date of termination.
10. This Agreement, including all exhibits, supersedes any and all prior written or oral
agreements and there are no covenants, conditions or agreements between the parties
except as set forth herein. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect whatsoever unless embodied herein in
writing. No subsequent novation, renewal, addition, deletion or other amendment hereto
shall have any force or effect unless embodied in a written executed contract.
11. Licensee understands and agrees that Licensor cannot guarantee the safety of vehicles
on the premises and also agrees that he or she will hold Licensor blameless in the event
of damage to, theft from or theft of any vehicles.
Page 2 of 4
16E5
IN WETNESS WHEREOF, the parties hereto have executed this Agreement on the day and year
first above written.
Dated:/, -27 05
Attest
DWI 7"t-'MOCK, Clerk
eputy Clerk'
kt-tesi is- ,tga drum I
r'i Qrirstwt ao r « ,
LICENSOR:
Vanderbilt eal Estate Holdings, LP
By:
Print: '1�0YOA Q
Title: !j> 6;
Date:
LICENSEE:
Board of County Commissioners,
Collier County Florida
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{
DONNA FIALA, CHAIRMAN
Approved ap, to form and legal sufficiency:
r
Jen A. Belpe i Assistant County Attorney
Page 3 of 4
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