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Backup Documents 05/25/2010 Item #16D 1ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO �% 1 THE BOARD OF COUN'T'Y COMMISSIONERS OFFICE FOR SIGNATURE v Print on pink paper_ Attach to original doaiment 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 itern.) Complete routing lines 91 through d4 as ROUTING SLIP for additional signatures, dates, and/or information needed. If the document is already complete with the rough running lines d 1 through N4, complete the checklist, and forward to Sue Filson (line U5). Route to Addressee(s) Office Initials Date (I at in routine order) 3. 5. Ian Mitchell, BCC Office Minutes and Records Board of County Commissioners Clerk of Court's Office PRIMARY CONTACT INFORMATION (The, primary contact is the holder of the original documenl 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 e Number Office and all other parties except the BCC_Chairman and the Clerk to the Board Agenda Date Item was /d da Item Number f A proved by the BCC o2 I C� "Type of Document Attached �" \ ber of Original / _ _ t .f o(_ .0 P 6] S£. O �a G� ments it should be provided to lan Mithchell in the BCC office within 24 hours of 13CC approval INSTRUCTIONS & CHECKLIST' Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not I. Original document has been signed/initialed for legal sufficiency. (All docurnents 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.) _. 1 All handwritten strike- through and revisions have been initialed by the County Attorney's j Office and all other parties except the BCC_Chairman and the Clerk to the Board 3. "the Chairman's signature line date h Is been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. _ �"` F"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's s" and initials are required. n" S. In most cases (sorne contracts are an exception), the original document and this routing slip should be provided to lan Mithchell in the BCC office within 24 hours of 13CC approval Some documents are time sensitive and require forwarding to Tallahassee within a certain ' limo frame or the BCC cations are nu1116ed Be lwura of your deadlines! G. I ht document was apploved try the BC(_ on S :x5) l (enter date) and all changes trial Iry documenPTEW-06i aJ C ountylAttorng's Offc6 "ved (lie Ihlang_us' ill tpplicabl i. Dorms/ COUnIy I onns/ BCC Donn,/ Original Ducunl unl. Ruining Slip Nw.S Original 9.01.01, Revised I. ?G.05, Bc,,,rd? 24 .05, Rmviscd 9.18.09 16,p1 MEMORANDUM Date: August 30, 2010 To: Michael Dowling, Property Management Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: Second Lease Modification Agreement Attached for your records is a copy of the document referenced above (Agenda Item #16D1) approved by the Board of County Commissioners on Tuesday, May 25, 2010. Please forward for additional signatures and return the fully executed original back to the Minutes & Records Department. If you should have any questions, please contact me at 252 -8411. Thank you. Attachments 1601 Lease #914 SECOND LEASE MODIFICATION AGREEMENT -rrl_ THIS SECOND LEASE MODIFICATION 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 CHILDREN'S MUSEUM OF NAPLES, INC., whose mailing address is P.O. Box 2423, Naples, 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 entered into Lease Agreement dated December 16, 2003, and WHEREAS, LESSOR and LESSEE have entered into a Lease Modification Agreement dated February 12, 2008, 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: 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 of the Facility. 2. Article 2, Paragraph (D) is deleted in its entirety and replaced with the following: If a Certificate of Occupancy 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. If 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 CHILDREN'S MUSEUM OF NAPLES, INC., dated December 16, 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: G? Witness (Signature) 10L, C' " (Print Name)' CHILDREN'S MUSEUM OF NAPLES, INC A Floridaofitcorpor _ion \\ BY: JULIL—KOESTER, Presiden i AS TO THE LESSOR: DATED: BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER FLORIDA DWI T E. BROCK, Clerk (�} B G�C�z BY: uty Cie FRED W. COYLE, Chairman Approved as to form and legal sufficiency: '\ nJL_ Jennifer B. hite, Assistant County Attorney 1601