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Backup Documents 01/12/2010 Item #16D 9 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 0 9 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original docllJllents should be hand delivered to the t30ard Office. The completed routing slip and original documents arc to be forwarded to the Board Office only !!ill the Hoard has taken action on the item) ROUTING SLIP Complete routing lines # 1 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 signature, draw a line throu2:h routing lines # I through #4, complete the checklist, and forward to Sue Fjlson (line #5). R!lute to Addressee(s) Office Initials Date (1_ is! in routing order) /I 1. -~~ V -~ - ~- -- - - 2. /- 3. ... . . .. 4. - - ~/ 5. Ian Mitchell, BCC Office Board of County Commissioners Supervisor 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (Thp. primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive sUlT'mary. 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 BCe Chairm,m's signature arc to be delivered to the Bee office only after the Bee has acted to approve the item.) Name of Primary Staff Contact Agenda Date Item was A roved b the BCC Type of Document Attached M; ~- ~O\..J \ " r\ I I~ ,.,10\0 VI f!.. ~l (\ yvt (l f-l'J-, rv'-" /~ Phone Number Agenda Item Number Number of Original Documents Attached 67'1~ I " 'J\ 'I Yes (Initial) N/A (Not A licable) I. INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is a ro riate. 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 ITom 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 exccpt the BCC Chairman and Clerk to the Board and ossibl State Officials.) All handwritten strike-through and revisions have been initialed by the County Attorney's Office and all other arties exce t the BCC Chairman and the Clerk to the Board The Chainnan's signature line date has been entered as the date of BCC approval ofthe document or the final negotiated contract date whichever is a Iicablc. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's si nature and initials are re uired. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Ian Mithchell in the Bee office within 24 hours ofBCe approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the Bee's actions arc nullified. Be a are of your deadlines! The document was approved by the BCC on I J (enter date) and all changes made during the meeting have been incorpora ed in the attached document. The Count Attornc 's Office has reviewed the chan cs, if a licable. YV1~ rl A M~- ~ Forms! County Forms! BCC Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05, Revised 9. ]8.09 o 3. 4. 5. 6. MEMORANDUM Date: January 13,2010 To: Michael Dowling, Property Management Specialist Real Estate Services From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: First Amendment to Lease Agreement with Kmart Corporation Attached for your records is a copy of the document referenced above (Agenda Item #16D9) approved by the Board of County Commissioners on Tuesday, January 12, 2010. Please forward for additional signatures an 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 16D9 FIRST AMENDMENT TO LICENSE AGREEMENT 1609 THIS FIRST AMENDMENT TO LICENSE AGREEMENT (the "Amendment") is entered into this /;2 day of January, 2010, at Naples, Collier County, Florida, by and between KMART CORPORA nON, a Michigan corporation ("Licensor") and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112 ("Licensee"), on behalf of the Collier County Health Department ("User"). WITNESSETH WHEREAS, Licensor and Licensee entered into that certain license agreement made as of October 15th, 2009 (the "License Agreement"), whereby Licensee licensed from Licensor, on behalf of User, certain space consisting of approximately 116,790 square feet, as described in the License Agreement; and WHEREAS, Licensee, on behalf of User, wishes to extend the term of the License Agreement. NOW THEREFORE, in consideration of the mutual agreements herein contained and for other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the parties agree as follows: I. The foregoing recitals are herein incorporated as if fully rewritten and restated at length herein. 2. Capitalized terms used, but not defined in this Amendment, shall have the same meaning ascribed to such terms in the License Agreement. 3. The Term is hereby extended to January 30, 2010, subject to Section 11 of the License Agreement (the "Extended Term"). 4. The Fee for the Extended Term shall be the sum of Twenty Five Thousand and Noll 00 Dollars ($25,000.00). 5. Except as amended and modified herein, the License Agreement remains in full force and effect according to the terms and conditions contained therein. IN WITNESS WHEREOF, Licensor and Licensee have hereto executed this Amendment as of the day and year first above written. AS TO THE LICENSEE: ATTEST: /~ /..:2-.2 v / d DWIGHT E. BROCK, Clerk ~~~~~ ~Pllt}tt:t&kDl!c::to .M!,.... I , , I <ilR4t.II,l':e:' ail, A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Donna Fiala , Chairman AS TO THEUCENSOR: KMART CORPORATION, a Michigan corporation Witness (Signature) By: J. KAL GIBRON Divisional Vice President, Real Estate and Real Estate Law (Print Name) Witness (Signature) (Print Name) Approved as to form and legal sufficiency on behalf of Licensee: \~fJ~)~~~ Jennifet . White, Assistant County Attorney